" ! HOUSE OF REPRESENTATIVES 109TH CONGRESS

2d Session 

REPORT

109–676 

MAKING APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE FOR THE FISCAL 

YEAR ENDING SEPTEMBER 30, 2007, AND 

FOR OTHER PURPOSES 

CONFERENCE REPORT 

TO ACCOMPANY

H.R. 5631 

SEPTEMBER 25, 2006.—Ordered to be printed 


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PRIATIONS FOR THE DEPARTMENT OF DEFENSE FOR THE FISCAL YEAR 

NDING SEPTEMBER 30, 2007, AND FOR OTHER PURPOSES 


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1 

29–998 

" ! HOUSE OF REPRESENTATIVES 109TH CONGRESS

2d Session 

REPORT

2006

109–676 

MAKING APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE FOR THE FISCAL 

YEAR ENDING SEPTEMBER 30, 2007, AND 

FOR OTHER PURPOSES 

CONFERENCE REPORT 

TO ACCOMPANY

H.R. 5631 

SEPTEMBER 25, 2006.—Ordered to be printed 


CColeman on PROD1PC71 with HEARINGE:\Seals\Congress.#13
109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 109–676 

MAKING APPROPRIATIONS FOR THE DEPARTMENT OF 

DEFENSE FOR THE FISCAL YEAR ENDING SEPTEMBER 

30, 2007, AND FOR OTHER PURPOSES 

SEPTEMBER 25, 2006.—Ordered to be printed 

Mr. YOUNG of Florida, from the committee on conference, 

submitted the following 

CONFERENCE REPORT 

[To accompany H.R. 5631] 

The committee of conference on the disagreeing votes of the 

two Houses on the amendment of the Senate to the bill (H.R. 5631) 

‘‘making appropriations for the Department of Defense for the fiscal year ending September 30, 2007, and for other purposes’’, having met, after full and free conference, have agreed to recommend 

and do recommend to their respective Houses as follows: 

That the House recede from its disagreement to the amendment of the Senate, and agree to the same with an amendment, as 

follows: 

In lieu of the matter stricken and inserted by said amendment, 

insert: 

DIVISION A—DEPARTMENT OF DEFENSE APPROPRIATIONS 

ACT, 2007 

That the following sums are appropriated, out of any money in the 

Treasury not otherwise appropriated, for the fiscal year ending September 30, 2007, for military functions administered by the Department of Defense and for other purposes, namely: 

TITLE I 

MILITARY PERSONNEL 

MILITARY PERSONNEL, ARMY

For pay, allowances, individual clothing, subsistence, interest 

on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and exVerDate Aug 31 2005 23:08 Sep 27, 2006 Jkt 029998 PO 00000 Frm 00005 Fmt 6659 Sfmt 6603 E:\HR\OC\HR676.XXX HR676

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penses 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, $25,911,349,000. 

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, $19,049,454,000. 

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, 

$7,932,749,000. 

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, $20,285,871,000. 

RESERVE PERSONNEL, ARMY

For pay, allowances, clothing, subsistence, gratuities, travel, 

and related expenses for personnel of the Army Reserve on active 

duty under sections 10211, 10302, and 3038 of title 10, United 

States Code, or while serving on active duty under section 12301(d) 

of title 10, United States Code, in connection with performing duty 

specified in section 12310(a) of title 10, United States Code, or while 

undergoing reserve training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 16131 


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of title 10, United States Code; and for payments to the Department 

of Defense Military Retirement Fund, $3,043,170,000. 

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, $1,551,838,000. 

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, $498,686,000. 

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, $1,259,620,000. 

NATIONAL GUARD PERSONNEL, ARMY

For pay, allowances, clothing, subsistence, gratuities, travel, 

and related expenses for personnel of the Army National Guard 

while on duty under section 10211, 10302, or 12402 of title 10 or 

section 708 of title 32, United States Code, or while serving on duty 

under section 12301(d) of title 10 or section 502(f) of title 32, United 

States Code, in connection with performing duty specified in section 

12310(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or other duty, and 

expenses authorized by section 16131 of title 10, United States Code; 

and for payments to the Department of Defense Military Retirement 

Fund, $4,751,971,000. 


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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, $2,067,752,000. 

TITLE II 

OPERATION AND MAINTENANCE 

OPERATION AND MAINTENANCE, ARMY

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Army, as authorized by law; and not 

to exceed $11,478,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the 

Secretary of the Army, and payments may be made on his certificate 

of necessity for confidential military purposes, $22,397,581,000: Provided, That of funds made available under this heading, $2,000,000 

shall be available for Fort Baker, in accordance with the terms and 

conditions as provided under the heading ‘‘Operation and Maintenance, Army’’, in Public Law 107–117. 

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 $6,129,000 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, $29,751,721,000. 

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, 

$3,338,296,000. 

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, 

$28,774,928,000. 


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OPERATION AND MAINTENANCE, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

For expenses, not otherwise provided for, necessary for the operation and maintenance of activities and agencies of the Department 

of Defense (other than the military departments), as authorized by 

law, $19,948,799,000: Provided, That not more than $25,000,000 

may be used for the Combatant Commander Initiative Fund authorized under section 166a of title 10, United States Code: Provided 

further, That not to exceed $36,000,000 can be used for emergencies 

and extraordinary expenses, to be expended on the approval or authority of the Secretary of Defense, and payments may be made on 

his certificate of necessity for confidential military purposes: Provided further, That of the funds made available under this heading, 

$5,000,000 is available for contractor support to coordinate a wind 

test demonstration project on an Air Force installation using wind 

turbines manufactured in the United States that are new to the 

United States market and to execute the renewable energy purchasing plan: Provided further, That of the funds provided under 

this heading, not less than $26,837,000 shall be made available for 

the Procurement Technical Assistance Cooperative Agreement Program, of which not less than $3,600,000 shall be available for centers defined in 10 U.S.C. 2411(1)(D): Provided further, That none 

of the funds appropriated or otherwise made available by this Act 

may be used to plan or implement the consolidation of a budget or 

appropriations liaison office of the Office of the Secretary of Defense, 

the office of the Secretary of a military department, or the service 

headquarters of one of the Armed Forces into a legislative affairs or 

legislative liaison office: Provided further, That $4,000,000, to remain available until expended, is available only for expenses relating to certain classified activities, and may be transferred as necessary by the Secretary to operation and maintenance appropriations or research, development, test and evaluation appropriations, 

to be merged with and to be available for the same time period as 

the appropriations to which transferred: Provided further, That any 

ceiling on the investment item unit cost of items that may be purchased with operation and maintenance funds shall not apply to the 

funds described in the preceding proviso: Provided further, That the 

transfer authority provided under this heading is in addition to any 

other transfer authority provided elsewhere in this Act. 

OPERATION AND MAINTENANCE, ARMY RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Army Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; 

care of the dead; recruiting; procurement of services, supplies, and 

equipment; and communications, $1,957,888,000. 

OPERATION AND MAINTENANCE, NAVY RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Navy Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; 


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care of the dead; recruiting; procurement of services, supplies, and 

equipment; and communications, $1,223,628,000. 

OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Marine Corps Reserve; repair of facilities and 

equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $199,032,000. 

OPERATION AND MAINTENANCE, AIR FORCE RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Air Force Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; 

care of the dead; recruiting; procurement of services, supplies, and 

equipment; and communications, $2,563,751,000. 

OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

For expenses of training, organizing, and administering the 

Army National Guard, including medical and hospital treatment 

and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; hire of passenger 

motor vehicles; personnel services in the National Guard Bureau; 

travel expenses (other than mileage), as authorized by law for Army 

personnel on active duty, for Army National Guard division, regimental, and battalion commanders while inspecting units in compliance with National Guard Bureau regulations when specifically 

authorized by the Chief, National Guard Bureau; supplying and 

equipping the Army National Guard as authorized by law; and expenses of repair, modification, maintenance, and issue of supplies 

and equipment (including aircraft), $4,323,783,000. 

OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

For expenses of training, organizing, and administering the Air 

National Guard, including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, operation, 

and repairs to structures and facilities; transportation of things, 

hire of passenger motor vehicles; supplying and equipping the Air 

National Guard, as authorized by law; expenses for repair, modification, maintenance, and issue of supplies and equipment, including those furnished from stocks under the control of agencies of the 

Department of Defense; travel expenses (other than mileage) on the 

same basis as authorized by law for Air National Guard personnel 

on active Federal duty, for Air National Guard commanders while 

inspecting units in compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard Bureau, $4,831,185,000. 


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UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

For salaries and expenses necessary for the United States Court 

of Appeals for the Armed Forces, $11,721,000, of which not to exceed 

$5,000 may be used for official representation purposes. 

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, 2557, and 2561 

of title 10, United States Code), $63,204,000, to remain available 

until September 30, 2008. 

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, $372,128,000, to remain available until September 30, 2009: 

Provided, That of the amounts provided under this heading, 

$15,000,000 shall be available only to support the dismantling and 

disposal of nuclear submarines, submarine reactor components, and 

security enhancements for transport and storage of nuclear warheads in the Russian Far East. 

TITLE III 

PROCUREMENT 

AIRCRAFT PROCUREMENT, ARMY

For construction, procurement, production, modification, and 

modernization of aircraft, equipment, including ordnance, ground 

handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing 

purposes, and such lands and interests therein, may be acquired, 

and construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses 

necessary for the foregoing purposes, $3,502,483,000, to remain 

available for obligation until September 30, 2009: Provided, That 

$19,200,000 of the funds provided in this paragraph are available 

only for the purpose of acquiring one HH–60L medical evacuation 

variant Blackhawk helicopter only for the Army Reserve. 

MISSILE PROCUREMENT, ARMY

For construction, procurement, production, modification, and 

modernization of missiles, equipment, including ordnance, ground 


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handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing 

purposes, and such lands and interests therein, may be acquired, 

and construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses 

necessary for the foregoing purposes, $1,278,967,000, to remain 

available for obligation until September 30, 2009. 

PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY

For construction, procurement, production, and modification of 

weapons and tracked combat vehicles, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment 

and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and 

such lands and interests therein, may be acquired, and construction 

prosecuted thereon prior to approval of title; and procurement and 

installation of equipment, appliances, and machine tools in public 

and private plants; reserve plant and Government and contractorowned equipment layaway; and other expenses necessary for the 

foregoing purposes, $1,906,368,000, to remain available for obligation until September 30, 2009. 

PROCUREMENT OF AMMUNITION, ARMY

For construction, procurement, production, and modification of 

ammunition, and accessories therefor; specialized equipment and 

training devices; expansion of public and private plants, including 

ammunition facilities, authorized by section 2854 of title 10, United 

States Code, and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and 

construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine 

tools in public and private plants; reserve plant and Government 

and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $1,719,879,000, to remain available for obligation until September 30, 2009. 

OTHER PROCUREMENT, ARMY

For construction, procurement, production, and modification of 

vehicles, including tactical, support, and non-tracked combat vehicles; the purchase of passenger motor vehicles for replacement only; 

and the purchase of 3 vehicles required for physical security of personnel, notwithstanding price limitations applicable to passenger 

vehicles but not to exceed $255,000 per vehicle; communications and 

electronic equipment; other support equipment; spare parts, ordnance, and accessories therefor; specialized equipment and training 

devices; expansion of public and private plants, including the land 

necessary therefor, for the foregoing purposes, and such lands and 

interests therein, may be acquired, and construction prosecuted 

thereon prior to approval of title; and procurement and installation 

of equipment, appliances, and machine tools in public and private 


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plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $7,004,914,000, to remain available for obligation until September 30, 2009. 

AIRCRAFT PROCUREMENT, NAVY

For construction, procurement, production, modification, and 

modernization of aircraft, equipment, including ordnance, spare 

parts, and accessories therefor; specialized equipment; expansion of 

public and private plants, including the land necessary therefor, 

and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools 

in public and private plants; reserve plant and Government and 

contractor-owned equipment layaway, $10,393,316,000, to remain 

available for obligation until September 30, 2009. 

WEAPONS PROCUREMENT, NAVY

For construction, procurement, production, modification, and 

modernization of missiles, torpedoes, other weapons, and related 

support equipment including spare parts, and accessories therefor; 

expansion of public and private plants, including the land necessary 

therefor, and such lands and interests therein, may be acquired, 

and construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway, $2,573,820,000, to 

remain available for obligation until September 30, 2009. 

PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS

For construction, procurement, production, and modification of 

ammunition, and accessories therefor; specialized equipment and 

training devices; expansion of public and private plants, including 

ammunition facilities, authorized by section 2854 of title 10, United 

States Code, and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and 

construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine 

tools in public and private plants; reserve plant and Government 

and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $767,314,000, to remain available 

for obligation until September 30, 2009. 

SHIPBUILDING AND CONVERSION, NAVY

For expenses necessary for the construction, acquisition, or conversion of vessels as authorized by law, including armor and armament thereof, plant equipment, appliances, and machine tools and 

installation thereof in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway; procurement 

of critical, long leadtime components and designs for vessels to be 

constructed or converted in the future; and expansion of public and 

private plants, including land necessary therefor, and such lands 


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and interests therein, may be acquired, and construction prosecuted 

thereon prior to approval of title, as follows: 

Carrier Replacement Program (AP), $791,893,000; 

NSSN, $1,775,472,000; 

NSSN (AP), $676,582,000; 

CVN Refuelings, $954,495,000; 

CVN Refuelings (AP), $117,139,000; 

SSBN Submarine Refuelings, $189,022,000; 

SSBN Submarine Refuelings (AP), $37,154,000; 

DDG–1000 Program, $2,568,111,000; 

DDG–51 Destroyer, $355,849,000; 

Littoral Combat Ship, $520,670,000; 

LPD–17 (AP), $297,492,000; 

LHA–R, $1,135,917,000; 

Special Purpose Craft, $2,900,000; 

T–AGS Oceanographic Survey Ship, $117,000,000; 

LCAC Service Life Extension Program, $110,692,000; 

Prior year shipbuilding costs, $512,849,000; 

Service Craft, $45,245,000; and 

For outfitting, post delivery, conversions, and first destination transportation, $370,643,000. 

In all: $10,579,125,000, to remain available for obligation until 

September 30, 2011: Provided, That additional obligations may be 

incurred after September 30, 2011, for engineering services, tests, 

evaluations, and other such budgeted work that must be performed 

in the final stage of ship construction: Provided further, That none 

of the funds provided under this heading for the construction or 

conversion of any naval vessel to be constructed in shipyards in the 

United States shall be expended in foreign facilities for the construction of major components of such vessel: Provided further, That 

none of the funds provided under this heading shall be used for the 

construction of any naval vessel in foreign shipyards. 

OTHER PROCUREMENT, NAVY

For procurement, production, and modernization of support 

equipment and materials not otherwise provided for, Navy ordnance 

(except ordnance for new aircraft, new ships, and ships authorized 

for conversion); the purchase of passenger motor vehicles for replacement only, and the purchase of 10 vehicles required for physical security of personnel, notwithstanding price limitations applicable to 

passenger vehicles, but not to exceed $255,000 per vehicle; expansion 

of public and private plants, including the land necessary therefor, 

and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools 

in public and private plants; reserve plant and Government and 

contractor-owned equipment layaway, $4,927,676,000, to remain 

available for obligation until September 30, 2009. 

PROCUREMENT, MARINE CORPS

For expenses necessary for the procurement, manufacture, and 

modification of missiles, armament, military equipment, spare 

parts, and accessories therefor; plant equipment, appliances, and 

machine tools, and installation thereof in public and private plants; 


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reserve plant and Government and contractor-owned equipment layaway; vehicles for the Marine Corps, including the purchase of passenger motor vehicles for replacement only; and expansion of public 

and private plants, including land necessary therefor, and such 

lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title, $894,571,000, to remain 

available for obligation until September 30, 2009. 

AIRCRAFT PROCUREMENT, AIR FORCE

For construction, procurement, and modification of aircraft and 

equipment, including armor and armament, specialized ground 

handling equipment, and training devices, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants, Government-owned equipment and installation thereof 

in such plants, erection of structures, and acquisition of land, for 

the foregoing purposes, and such lands and interests therein, may 

be acquired, and construction prosecuted thereon prior to approval 

of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things, $11,643,356,000, 

to remain available for obligation until September 30, 2009. 

MISSILE PROCUREMENT, AIR FORCE

For construction, procurement, and modification of missiles, 

spacecraft, rockets, and related equipment, including spare parts 

and accessories therefor, ground handling equipment, and training 

devices; expansion of public and private plants, Government-owned 

equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such 

lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses 

necessary for the foregoing purposes including rents and transportation of things, $3,914,703,000, to remain available for obligation 

until September 30, 2009. 

PROCUREMENT OF AMMUNITION, AIR FORCE

For construction, procurement, production, and modification of 

ammunition, and accessories therefor; specialized equipment and 

training devices; expansion of public and private plants, including 

ammunition facilities, authorized by section 2854 of title 10, United 

States Code, and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and 

construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine 

tools in public and private plants; reserve plant and Government 

and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $1,054,302,000, to remain available for obligation until September 30, 2009. 

OTHER PROCUREMENT, AIR FORCE

For procurement and modification of equipment (including 

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tronic and communication equipment), and supplies, materials, and 

spare parts therefor, not otherwise provided for; the purchase of passenger motor vehicles for replacement only, and the purchase of 2 

vehicles required for physical security of personnel, notwithstanding 

price limitations applicable to passenger vehicles, but not to exceed 

$255,000 per vehicle; lease of passenger motor vehicles; and expansion of public and private plants, Government-owned equipment 

and installation thereof in such plants, erection of structures, and 

acquisition of land, for the foregoing purposes, and such lands and 

interests therein, may be acquired, and construction prosecuted 

thereon, prior to approval of title; reserve plant and Government 

and contractor-owned equipment layaway, $15,493,486,000, to remain available for obligation until September 30, 2009. 

PROCUREMENT, DEFENSE-WIDE

For expenses of activities and agencies of the Department of Defense (other than the military departments) necessary for procurement, production, and modification of equipment, supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of passenger motor vehicles for replacement only, and the purchase of 5 vehicles required for physical security of personnel, notwithstanding prior limitations applicable to passenger vehicles, but 

not to exceed $255,000 per vehicle; expansion of public and private 

plants, equipment, and installation thereof in such plants, erection 

of structures, and acquisition of land for the foregoing purposes, 

and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant 

and Government and contractor-owned equipment layaway, 

$2,903,292,000, to remain available for obligation until September 

30, 2009. 

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, $290,000,000, to remain available 

for obligation until September 30, 2009: Provided, That the Chiefs 

of the Reserve and National Guard components shall, not later than 

30 days after the enactment of this Act, individually submit to the 

congressional defense committees the modernization priority assessment for their respective Reserve or National Guard component. 

DEFENSE PRODUCTION ACT PURCHASES

For activities by the Department of Defense pursuant to sections 

108, 301, 302, and 303 of the Defense Production Act of 1950 (50 

U.S.C. App. 2078, 2091, 2092, and 2093), $63,184,000, to remain 

available until expended. 

TITLE IV 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

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tation, lease, and operation of facilities and equipment, 

$11,054,958,000, to remain available for obligation until September 

30, 2008. 

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, 

$18,673,894,000, to remain available for obligation until September 

30, 2008: Provided, That funds appropriated in this paragraph 

which are available for the V–22 may be used to meet unique operational requirements of the Special Operations Forces: Provided further, That funds appropriated in this paragraph shall be available 

for the Cobra Judy program. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE

For expenses necessary for basic and applied scientific research, 

development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, 

$24,516,276,000, to remain available for obligation until September 

30, 2008. 

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, 

$21,291,056,000, to remain available for obligation until September 

30, 2008. 

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, $185,420,000, to remain available for obligation until 

September 30, 2008. 

TITLE V 

REVOLVING AND MANAGEMENT FUNDS 

DEFENSE WORKING CAPITAL FUNDS

For the Defense Working Capital Funds, $1,345,998,000. 

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 


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U.S.C. App. 1744), and for the necessary expenses to maintain and 

preserve a U.S.-flag merchant fleet to serve the national security 

needs of the United States, $1,071,932,000, 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. 

PENTAGON RESERVATION MAINTENANCE REVOLVING FUND

For the Pentagon Reservation Maintenance Revolving Fund, $18,500,000, to remain available until September 30, 2011. 

TITLE VI 

OTHER DEPARTMENT OF DEFENSE PROGRAMS 

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, $1,277,304,000, of which $1,046,290,000 shall be for 

Operation and maintenance; $231,014,000 shall be for Research, development, test and evaluation, of which $215,944,000 shall only be 

for the Assembled Chemical Weapons Alternatives (ACWA) program, 

to remain available until September 30, 2008; and no less than 

$111,283,000 shall be for the Chemical Stockpile Emergency Preparedness Program, of which $41,074,000 shall be for activities on 

military installations and of which $70,209,000, to remain available until September 30, 2008, shall be to assist State and local 

governments. 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

(INCLUDING TRANSFER OF FUNDS)

For drug interdiction and counter-drug activities of the Department of Defense, for transfer to appropriations available to the Department of Defense for military personnel of the reserve components 

serving under the provisions of title 10 and title 32, United States 


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Code; for Operation and maintenance; for Procurement; and for Research, development, test and evaluation, $977,632,000: 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. 

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, $216,297,000, of which $214,897,000 shall be for Operation and maintenance, of which not to exceed $700,000 is available 

for emergencies and extraordinary expenses to be expended on the 

approval or authority of the Inspector General, and payments may 

be made on the Inspector General’s certificate of necessity for confidential military purposes; and of which $1,400,000, to remain 

available until September 30, 2009, shall be for Procurement. 

TITLE VII 

RELATED AGENCIES 

CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SYSTEM FUND

For payment to the Central Intelligence Agency Retirement and 

Disability System Fund, to maintain the proper funding level for 

continuing the operation of the Central Intelligence Agency Retirement and Disability System, $256,400,000. 

INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Intelligence Community Management Account, $621,611,000, of which $36,268,000 for the Advanced 

Research and Development Committee shall remain available until 

September 30, 2008: 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, 2009 and $1,000,000 for Research, development, test and evaluation shall remain available 

until September 30, 2008: 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. 


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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 $4,500,000,000 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 


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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, 

2007: 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. 

(TRANSFER OF FUNDS)

SEC. 8006. 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. 8007. 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. 8008. 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 anVerDate Aug 31 2005 23:08 Sep 27, 2006 Jkt 029998 PO 00000 Frm 00021 Fmt 6659 Sfmt 6603 E:\HR\OC\HR676.XXX HR676

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nual 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: 

C–17 Globemaster; F–22A; MH–60R Helicopters; MH–60R Helicopter mission equipment; and V–22 Osprey. 

SEC. 8009. 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. 8010. (a) During fiscal year 2007, 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 2008 budget request for the Department of 

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tion supporting the fiscal year 2008 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 2008. 

(c) Nothing in this section shall be construed to apply to military (civilian) technicians. 

SEC. 8011. 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. 8012. 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. 8013. (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 subsections (a), (b), or (c) of section 


CColeman on PROD1PC71 with HEARING
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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 SelfDetermination 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. 8014. 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. 8015. 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 supVerDate Aug 31 2005 23:08 Sep 27, 2006 Jkt 029998 PO 00000 Frm 00024 Fmt 6659 Sfmt 6603 E:\HR\OC\HR676.XXX HR676

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plies 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. 8016. 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. 8017. 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. 8018. 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: 

Provided further, That, during the current fiscal year and hereafter, 

businesses certified as 8(a) by the Small Business Administration 

pursuant to section 8(a)(15) of Public Law 85–536, as amended, 

shall have the same status as other program participants under section 602 of Public Law 100–656, 102 Stat. 3825 (Business Opportunity Development Reform Act of 1988) for purposes of contracting 

with agencies of the Department of Defense. 

SEC. 8019. 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. 


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SEC. 8020. 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. 8021. 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. 8022. (a) Of the funds made available in this Act, not less 

than $35,975,000 shall be available for the Civil Air Patrol Corporation, of which—

(1) $25,087,000 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) $10,193,000 shall be available from ‘‘Aircraft Procurement, Air Force’’; and 

(3) $695,000 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. 8023. (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 2007 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 2007, not more than 

5,517 staff years of technical effort (staff years) may be funded for 

defense FFRDCs: Provided, That of the specific amount referred to 


CColeman on PROD1PC71 with HEARING
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previously in this subsection, not more than 1,060 staff years may 

be funded for the defense studies and analysis FFRDCs: Provided 

further, That this subsection shall not apply to staff years funded 

in the National Intelligence Program (NIP) and the Military Intelligence Program (MIP). 

(e) The Secretary of Defense shall, with the submission of the 

department’s fiscal year 2008 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 

$53,200,000. 

SEC. 8024. 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. 8025. 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. 8026. 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. 8027. (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 


CColeman on PROD1PC71 with HEARING
24 

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 2007. 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. 8028. 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. 8029. 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. 8030. (a) IN GENERAL.—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) PROCESSING OF REQUESTS.—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) RESOLUTION OF HOUSING UNIT CONFLICTS.—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) INDIAN TRIBE DEFINED.—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. 8031. During the current fiscal year, appropriations which 

are available to the Department of Defense for operation and mainVerDate Aug 31 2005 23:08 Sep 27, 2006 Jkt 029998 PO 00000 Frm 00028 Fmt 6659 Sfmt 6603 E:\HR\OC\HR676.XXX HR676

CColeman on PROD1PC71 with HEARING
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tenance may be used to purchase items having an investment item 

unit cost of not more than $250,000. 

SEC. 8032. (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 2008 budget request for the Department of 

Defense as well as all justification material and other documentation supporting the fiscal year 2008 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 2008 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. 8033. 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, 2008: 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, 2008. 

SEC. 8034. 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. 8035. Of the funds appropriated to the Department of Defense under the heading ‘‘Operation and Maintenance, DefenseWide’’, not less than $10,000,000 shall be made available only for 

the mitigation of environmental impacts, including training and 

technical assistance to tribes, related administrative support, the 

gathering of information, documenting of environmental damage, 

and developing a system for prioritization of mitigation and cost to 

complete estimates for mitigation, on Indian lands resulting from 

Department of Defense activities. 

SEC. 8036. (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 


CColeman on PROD1PC71 with HEARING
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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 costcompetitive, quality-competitive, and available in a timely fashion. 

SEC. 8037. None of the funds appropriated by this Act shall be 

available for a contract for studies, analysis, or consulting services 

entered into without competition on the basis of an unsolicited proposal unless the head of the activity responsible for the procurement 

determines—

(1) as a result of thorough technical evaluation, only one 

source is found fully qualified to perform the proposed work; 

(2) the purpose of the contract is to explore an unsolicited 

proposal which offers significant scientific or technological 

promise, represents the product of original thinking, and was 

submitted in confidence by one source; or 

(3) the purpose of the contract is to take advantage of 

unique and significant industrial accomplishment by a specific 

concern, or to insure that a new product or idea of a specific 

concern is given financial support: Provided, That this limitation shall not apply to contracts in an amount of less than 

$25,000, contracts related to improvements of equipment that is 

in development or production, or contracts as to which a civilian official of the Department of Defense, who has been confirmed by the Senate, determines that the award of such contract is in the interest of the national defense. 

SEC. 8038. (a) Except as provided in subsection (b) and (c), 

none of the funds made available by this Act may be used—

(1) to establish a field operating agency; or 

(2) to pay the basic pay of a member of the Armed Forces 

or civilian employee of the department who is transferred or reassigned from a headquarters activity if the member or employee’s place of duty remains at the location of that headquarters. 

(b) The Secretary of Defense or Secretary of a military department may waive the limitations in subsection (a), on a case-by-case 

basis, if the Secretary determines, and certifies to the Committees on 

Appropriations of the House of Representatives and Senate that the 

granting of the waiver will reduce the personnel requirements or the 

financial requirements of the department. 

(c) This section does not apply to—

(1) field operating agencies funded within the National Intelligence Program; or 


CColeman on PROD1PC71 with HEARING
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(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. 8039. 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 on 

the bill H.R. 5631. 

(RESCISSIONS)

SEC. 8040. 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: 

Shipbuilding and Conversion, Navy, 2005/2009, $11,245,000; 

Aircraft Procurement, Air Force, 2005/2007, $108,000,000; 

Other Procurement, Army, 2006/2008, $120,200,000; 

Aircraft Procurement, Navy, 2006/2008, $76,700,000; 

Aircraft Procurement, Air Force, 2006/2008, $141,100,000; 

Missile Procurement, Air Force, 2006/2008, $142,000,000; 

Research, Development, Test and Evaluation, Army, 2006/ 2007, $21,600,000; 

Research, Development, Test and Evaluation, Navy, 2006/ 2007, $35,798,000; 

Research, Development, Test and Evaluation, Air Force, 2006/2007, $92,800,000; 

Research, Development, Test and Evaluation, Defense-Wide, 2006/2007, $120,700,000. 

SEC. 8041. None of the funds available in this Act may be used 

to reduce the authorized positions for military (civilian) technicians 

of the Army National Guard, the Air National Guard, Army Reserve 

and Air Force Reserve for the purpose of applying any administratively imposed civilian personnel ceiling, freeze, or reduction on 

military (civilian) technicians, unless such reductions are a direct 

result of a reduction in military force structure. 

SEC. 8042. 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 North Korea unless specifically 

appropriated for that purpose. 

SEC. 8043. 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. 


CColeman on PROD1PC71 with HEARING
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SEC. 8044. 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. 8045. (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. 8046. 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. 8047. 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. 8048. Notwithstanding any other provision of law, each 

contract awarded by the Department of Defense during the current 

fiscal year and hereafter for construction or service performed in 

whole or in part in a State (as defined in section 381(d) of title 10, 

United States Code) which is not contiguous with another State and 

has an unemployment rate in excess of the national average rate of 

unemployment as determined by the Secretary of Labor, shall include a provision requiring the contractor to employ, for the purpose 

of performing that portion of the contract in such State that is not 

contiguous with another State, individuals who are residents of 

such State and who, in the case of any craft or trade, possess or 

would be able to acquire promptly the necessary skills: Provided, 

That the Secretary of Defense may waive the requirements of this 

section, on a case-by-case basis, in the interest of national security. 

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 


CColeman on PROD1PC71 with HEARING
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of the Department of Defense who approves or implements the transfer of administrative responsibilities or budgetary resources of any 

program, project, or activity financed by this Act to the jurisdiction 

of another Federal agency not financed by this Act without the express authorization of Congress: Provided, That this limitation shall 

not apply to transfers of funds expressly provided for in Defense Appropriations Acts, or provisions of Acts providing supplemental appropriations for the Department of Defense. 

SEC. 8050. (a) LIMITATION ON TRANSFER OF DEFENSE ARTICLES

AND SERVICES.—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) COVERED ACTIVITIES.—This section applies to— (1) any international peacekeeping or peace-enforcement operation under the authority of chapter VI or chapter VII of the 

United Nations Charter under the authority of a United Nations Security Council resolution; and 

(2) any other international peacekeeping, peace-enforcement, or humanitarian assistance operation. 

(c) REQUIRED NOTICE.—A notice under subsection (a) shall include the following: 

(1) A description of the equipment, supplies, or services to 

be transferred. 

(2) A statement of the value of the equipment, supplies, or 

services to be transferred. 

(3) In the case of a proposed transfer of equipment or supplies— (A) a statement of whether the inventory requirements 

of all elements of the Armed Forces (including the reserve 

components) for the type of equipment or supplies to be 

transferred have been met; and 

(B) a statement of whether the items proposed to be 

transferred will have to be replaced and, if so, how the 

President proposes to provide funds for such replacement. 

SEC. 8051. None of the funds available to the Department of Defense under this Act shall be obligated or expended to pay a contractor under a contract with the Department of Defense for costs of 

any amount paid by the contractor to an employee when— (1) such costs are for a bonus or otherwise in excess of the 

normal salary paid by the contractor to the employee; and 

(2) such bonus is part of restructuring costs associated with 

a business combination. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8052. During the current fiscal year, no more than 

$30,000,000 of appropriations made in this Act under the heading 

‘‘Operation and Maintenance, Defense-Wide’’ may be transferred to 

appropriations available for the pay of military personnel, to be 

merged with, and to be available for the same time period as the 


CColeman on PROD1PC71 with HEARING
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appropriations to which transferred, to be used in support of such 

personnel in connection with support and services for eligible organizations and activities outside the Department of Defense pursuant 

to section 2012 of title 10, United States Code. 

SEC. 8053. During the current fiscal year, in the case of an appropriation account of the Department of Defense for which the period of availability for obligation has expired or which has closed 

under the provisions of section 1552 of title 31, United States Code, 

and which has a negative unliquidated or unexpended balance, an 

obligation or an adjustment of an obligation may be charged to any 

current appropriation account for the same purpose as the expired 

or closed account if— (1) the obligation would have been properly chargeable (except as to amount) to the expired or closed account before the 

end of the period of availability or closing of that account; 

(2) the obligation is not otherwise properly chargeable to 

any current appropriation account of the Department of Defense; and 

(3) in the case of an expired account, the obligation is not 

chargeable to a current appropriation of the Department of Defense under the provisions of section 1405(b)(8) of the National 

Defense Authorization Act for Fiscal Year 1991, Public Law 

101–510, as amended (31 U.S.C. 1551 note): Provided, That in 

the case of an expired account, if subsequent review or investigation discloses that there was not in fact a negative unliquidated or unexpended balance in the account, any charge to a 

current account under the authority of this section shall be reversed and recorded against the expired account: Provided further, That the total amount charged to a current appropriation 

under this section may not exceed an amount equal to 1 percent 

of the total appropriation for that account. 

SEC. 8054. (a) Notwithstanding any other provision of law, the 

Chief of the National Guard Bureau may permit the use of equipment of the National Guard Distance Learning Project by any person or entity on a space-available, reimbursable basis. The Chief of 

the National Guard Bureau shall establish the amount of reimbursement for such use on a case-by-case basis. 

(b) Amounts collected under subsection (a) shall be credited to 

funds available for the National Guard Distance Learning Project 

and be available to defray the costs associated with the use of equipment of the project under that subsection. Such funds shall be available for such purposes without fiscal year limitation. 

SEC. 8055. Using funds available by this Act or any other Act, 

the Secretary of the Air Force, pursuant to a determination under 

section 2690 of title 10, United States Code, may implement cost-effective agreements for required heating facility modernization in the 

Kaiserslautern Military Community in the Federal Republic of Germany: Provided, That in the City of Kaiserslautern such agreements 

will include the use of United States anthracite as the base load energy for municipal district heat to the United States Defense installations: Provided further, That at Landstuhl Army Regional Medical Center and Ramstein Air Base, furnished heat may be obtained 

from private, regional or municipal services, if provisions are included for the consideration of United States coal as an energy 

source. 


CColeman on PROD1PC71 with HEARING
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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) PROHIBITION.—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. 


CColeman on PROD1PC71 with HEARING
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(b) MONITORING.—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) WAIVER.—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) REPORT.—Not more than 15 days after the exercise of any 

waiver under subsection (c), the Secretary of Defense shall submit 

a report to the congressional defense committees describing the extraordinary circumstances, the purpose and duration of the training 

program, the United States forces and the foreign security forces involved in the training program, and the information relating to 

human rights violations that necessitates the waiver. 

SEC. 8061. None of the funds appropriated or made available 

in this Act to the Department of the Navy shall be used to develop, 

lease or procure the T–AKE class of ships unless the main propulsion diesel engines and propulsors are manufactured in the United 

States by a domestically operated entity: Provided, That the Secretary of Defense may waive this restriction on a case-by-case basis 

by certifying in writing to the Committees on Appropriations of the 

House of Representatives and the Senate that adequate domestic 

supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made 

in order to acquire capability for national security purposes or there 

exists a significant cost or quality difference. 

SEC. 8062. None of the funds appropriated or otherwise made 

available by this or other Department of Defense Appropriations 

Acts may be obligated or expended for the purpose of performing repairs or maintenance to military family housing units of the Department of Defense, including areas in such military family housing units that may be used for the purpose of conducting official Department of Defense business. 

SEC. 8063. Notwithstanding any other provision of law, funds 

appropriated in this Act under the heading ‘‘Research, Development, 

Test and Evaluation, Defense-Wide’’ for any new start advanced 

concept technology demonstration project 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. During the current fiscal year, refunds attributable 

to the use of the Government travel card, refunds attributable to the 

use of the Government Purchase Card and refunds attributable to 


CColeman on PROD1PC71 with HEARING
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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 INFORMA- TION TECHNOLOGY SYSTEMS WITH DOD CHIEF INFORMATION OFFI- CER.—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). 

(c) CERTIFICATIONS AS TO COMPLIANCE WITH CLINGER-COHEN

ACT.— (1) During the current fiscal year, a major automated information system may not receive Milestone A approval, Milestone 

B approval, or full rate production approval, or their equivalent, within the Department of Defense until the Chief Information Officer certifies, with respect to that milestone, that the system is being developed in accordance with the Clinger-Cohen 

Act of 1996 (40 U.S.C. 1401 et seq.). The Chief Information Officer may require additional certifications, as appropriate, with 

respect to any such system. 

(2) The Chief Information Officer shall provide the congressional defense committees timely notification of certifications 

under paragraph (1). Each such notification shall include a 

statement confirming that the following steps have been taken 

with respect to the system: 

(A) Business process reengineering. 

(B) An analysis of alternatives. 

(C) An economic analysis that includes a calculation of 

the return on investment. 


CColeman on PROD1PC71 with HEARING
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(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 may perform duties in support of the ground-based elements 

of the National Ballistic Missile Defense System. 

SEC. 8069. None of the funds provided in this Act may be used 

to transfer to any nongovernmental entity ammunition held by the 

Department of Defense that has a center-fire cartridge and a United 

States military nomenclature designation of ‘‘armor penetrator’’, 

‘‘armor piercing (AP)’’, ‘‘armor piercing incendiary (API)’’, or 

‘‘armor-piercing incendiary-tracer (API–T)’’, except to an entity performing demilitarization services for the Department of Defense 

under a contract that requires the entity to demonstrate to the satisfaction of the Department of Defense that armor piercing projectiles 

are either: (1) rendered incapable of reuse by the demilitarization 

process; or (2) used to manufacture ammunition pursuant to a contract with the Department of Defense or the manufacture of ammunition for export pursuant to a License for Permanent Export of Unclassified Military Articles issued by the Department of State. 

SEC. 8070. Notwithstanding any other provision of law, the 

Chief of the National Guard Bureau, or his designee, may waive 

payment of all or part of the consideration that otherwise would be 

required under section 2667 of title 10, United States Code, in the 

case of a lease of personal property for a period not in excess of 1 

year to any organization specified in section 508(d) of title 32, 

United States Code, or any other youth, social, or fraternal nonprofit 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 


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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’’, $78,300,000 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 2007. 

SEC. 8075. In addition to amounts provided elsewhere in this 

Act, $2,500,000 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 cenVerDate Aug 31 2005 23:08 Sep 27, 2006 Jkt 029998 PO 00000 Frm 00039 Fmt 6659 Sfmt 6603 E:\HR\OC\HR676.XXX HR676

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ters (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. 

SEC. 8077. Amounts appropriated in title II of this Act are here- by reduced by $158,100,000 to reflect savings attributable to efficiencies and management improvements in the funding of miscellaneous or other contracts in the military departments, as follows: 

(1) From ‘‘Operation and Maintenance, Army’’, $31,100,000. 

(2) From ‘‘Operation and Maintenance, Navy’’, $35,000,000. 

(3) From ‘‘Operation and Maintenance, Marine Corps’’, $5,000,000. 

(4) From ‘‘Operation and Maintenance, Air Force’’, $87,000,000. 

SEC. 8078. The total amount appropriated or otherwise made available in this Act is hereby reduced by $71,000,000 to limit excessive growth in the procurement of advisory and assistance services, 

to be distributed as follows: ‘‘Operation and Maintenance, Army’’, $32,000,000. ‘‘Operation and Maintenance, Navy’’, $34,000,000. ‘‘Operation and Maintenance, Marine Corps’’, $5,000,000. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8079. Of the amounts appropriated in this Act under the 

heading ‘‘Research, Development, Test and Evaluation, DefenseWide’’, $137,894,000 shall be made available for the Arrow missile defense program: Provided, That of this amount, $53,000,000 shall 

be available for the purpose of producing Arrow missile components 

in the United States and Arrow missile components and missiles in 

Israel to meet Israel’s defense requirements, consistent with each nation’s laws, regulations and procedures, and $20,400,000 shall be 

available for the purpose of the initiation of a joint feasibility study 

designated the Short Range Ballistic Missile Defense (SRBMD) initiative: 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. 8080. Of the amounts appropriated in this Act under the 

heading ‘‘Shipbuilding and Conversion, Navy’’, $512,849,000 shall 

be available until September 30, 2007, 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: 


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Under the heading ‘‘Shipbuilding and Conversion, 

Navy, 1999/2007’’: 

New SSN, $20,000,000; 

Under the heading ‘‘Shipbuilding and Conversion, 

Navy, 2000/2007’’: 

LPD–17 Amphibious Transport Dock Ship Program, $66,049,000; 

Under the heading ‘‘Shipbuilding and Conversion, 

Navy, 2001/2007’’: 

New SSN, $41,000,000; 

Carrier Replacement Program, $318,400,000; 

Under the heading ‘‘Shipbuilding and Conversion, 

Navy, 2002/2007’’: 

New SSN, $28,000,000; 

Under the heading ‘‘Shipbuilding and Conversion, 

Navy, 2003/2007’’: 

New SSN, $22,000,000; and 

Under the heading ‘‘Shipbuilding and Conversion, 

Navy, 2005/2009’’: 

LPD–17 Amphibious Transport Dock Ship Program, $17,400,000. 

SEC. 8081. The Secretary of the Navy may settle, or compromise, and pay any and all admiralty claims under section 7622 

of title 10, United States Code arising out of the collision involving 

the U.S.S. GREENEVILLE and the EHIME MARU, in any amount 

and without regard to the monetary limitations in subsections (a) 

and (b) of that section: Provided, That such payments shall be made 

from funds available to the Department of the Navy for operation 

and maintenance. 

SEC. 8082. 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, 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. 8083. 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 2007 until the enactment of the Intelligence Authorization Act for fiscal year 2007. 

SEC. 8084. None of the funds in this Act may be used to initiate 

a new start program without prior written notification to the Office 

of Secretary of Defense and the congressional defense committees. 

SEC. 8085. (a) In addition to the amounts provided elsewhere 

in this Act, the amount of $5,400,000 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 

$5,400,000 to the entity specified in subsection (b) to facilitate access 


CColeman on PROD1PC71 with HEARING
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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. 8086. FINANCING AND FIELDING OF KEY ARMY CAPABILI- TIES. The Department of Defense and the Department of the Army 

shall make future budgetary and programming plans to fully finance the Non-Line of Sight Future Force cannon (NLOS–C) and a 

compatible large caliber ammunition resupply capability for this 

system supported by the Future Combat Systems (FCS) Brigade 

Combat Team (BCT) in order to field this system in fiscal year 

2010: Provided, That the Army shall develop the NLOS–C independent of the broader FCS development timeline to achieve fielding 

by fiscal year 2010. In addition the Army will deliver eight (8) combat operational pre-production NLOS–C systems by the end of calendar year 2008. These systems shall be in addition to those systems necessary for developmental and operational testing: Provided 

further, That the Army shall ensure that budgetary and programmatic plans will provide for no fewer than seven (7) Stryker 

Brigade Combat Teams. 

SEC. 8087. Up to $2,000,000 of the funds appropriated under 

the heading ‘‘Operation and Maintenance, Navy’’ in this Act for the 

Pacific Missile Range Facility may be made available to contract for 

the repair, maintenance, and operation of adjacent off-base water, 

drainage, and flood control systems, electrical upgrade to support 

additional missions critical to base operations, and support for a 

range footprint expansion to further guard against encroachment. 

SEC. 8088. In addition to the amounts appropriated or otherwise made available elsewhere in this Act, $11,100,000 is hereby appropriated to the Department of Defense, to remain available until 

September 30, 2007: Provided, That the Secretary of Defense shall 

make grants in the amounts specified as follows: $4,500,000 to the 

Intrepid Sea-Air-Space Foundation; $2,600,000 to the Center for Applied Science and Technologies at Jordan Valley Innovation Center; 

$1,000,000 to the Women in Military Service for America Memorial 

Foundation; $2,000,000 to The Presidio Trust; and, $1,000,000 to 

the Red Cross Consolidated Blood Services Facility. 

SEC. 8089. The budget of the President for fiscal year 2008 submitted to the Congress pursuant to section 1105 of title 31, United 

States Code shall include separate budget justification documents 

for costs of United States Armed Forces’ participation in contingency operations for the Military Personnel accounts, the Operation 

and Maintenance accounts, and the Procurement accounts: Provided, That these documents shall include a description of the funding requested for each contingency operation, for each military service, to include all Active and Reserve components, and for each appropriations account: Provided further, That these documents shall 

include estimated costs for each element of expense or object class, 

a reconciliation of increases and decreases for each contingency operation, and programmatic data including, but not limited to, troop 

strength for each Active and Reserve component, and estimates of 


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the major weapons systems deployed in support of each contingency: 

Provided further, That these documents shall include budget exhibits OP–5 and OP–32 (as defined in the Department of Defense Financial Management Regulation) for all contingency operations for 

the budget year and the two preceding fiscal years. 

SEC. 8090. 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. 8091. Of the amounts provided in title II of this Act under 

the heading ‘‘Operation and Maintenance, Defense-Wide’’, $20,000,000 is available for the Regional Defense Counter-terrorism 

Fellowship Program, to fund the education and training of foreign 

military officers, ministry of defense civilians, and other foreign security officials, to include United States military officers and civilian officials whose participation directly contributes to the education and training of these foreign students. 

SEC. 8092. 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. 8093. 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. 8094. (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. 

SEC. 8095. None of the funds available to the Department of Defense may be obligated to modify command and control relationships to give Fleet Forces Command administrative and operational 

control of U.S. Navy forces assigned to the Pacific fleet: Provided, 

That the command and control relationships which existed on October 1, 2004, shall remain in force unless changes are specifically authorized in a subsequent Act. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8096. The Secretary of Defense may transfer funds from 

any available Department of the Navy appropriation to any available Navy ship construction appropriation for the purpose of liquidating necessary changes resulting from inflation, market fluctuations, or rate adjustments for any ship construction program approVerDate Aug 31 2005 23:08 Sep 27, 2006 Jkt 029998 PO 00000 Frm 00043 Fmt 6659 Sfmt 6603 E:\HR\OC\HR676.XXX HR676

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priated in law: Provided, That the Secretary may transfer not to exceed $100,000,000 under the authority provided by this section: Provided further, That the Secretary may not transfer any funds until 

30 days after the proposed transfer has been reported to the Committees on Appropriations of the Senate and the House of Representatives, unless sooner notified by the Committees that there is no objection to the proposed transfer: Provided further, That the transfer 

authority provided by this section is in addition to any other transfer authority contained elsewhere in this Act. 

SEC. 8097. (a) The total amount appropriated or otherwise 

made available in title II of this Act is hereby reduced by 

$85,000,000 to limit excessive growth in the travel and transportation of persons. 

(b) The Secretary of Defense shall allocate this reduction proportionately to each budget activity, activity group, subactivity 

group, and each program, project, and activity within each applicable appropriation account. 

SEC. 8098. In addition to funds made available elsewhere in this Act, $5,500,000 is hereby appropriated and shall remain available until expended to provide assistance, by grant or otherwise 

(such as, but not limited to, the provision of funds for repairs, maintenance, construction, and/or for the purchase of information technology, text books, teaching resources), to public schools that have 

unusually high concentrations of special needs military dependents 

enrolled: Provided, That in selecting school systems to receive such 

assistance, special consideration shall be given to school systems in 

States that are considered overseas assignments, and all schools 

within these school systems shall be eligible for assistance: Provided 

further, That up to 2 percent of the total appropriated funds under 

this section shall be available to support the administration and 

execution of the funds or program and/or events that promote the 

purpose of this appropriation (e.g. payment of travel and per diem 

of school teachers attending conferences or a meeting that promotes 

the purpose of this appropriation and/or consultant fees for on-site 

training of teachers, staff, or Joint Venture Education Forum 

(JVEF) Committee members): Provided further, That up to 

$2,000,000 shall be available for the Department of Defense to establish a non-profit trust fund to assist in the public-private funding of public school repair and maintenance projects, or provide directly to non-profit organizations who in return will use these monies to provide assistance in the form of repair, maintenance, or renovation to public school systems that have high concentrations of 

special needs military dependents and are located in States that are 

considered overseas assignments: Provided further, That to the extent a Federal agency provides this assistance, by contract, grant, 

or otherwise, it may accept and expend non-Federal funds in combination with these Federal funds to provide assistance for the authorized purpose, if the non-Federal entity requests such assistance 

and the non-Federal funds are provided on a reimbursable basis. 

SEC. 8099. The Secretary of the Air Force is authorized, using 

funds available under the heading ‘‘Operation and Maintenance, 

Air Force’’, to complete a phased repair project, which repairs may 

include upgrades and additions, to the infrastructure of the operational ranges managed by the Air Force in Alaska: Provided, That 

the total cost of such phased projects shall not exceed $50,000,000. 


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SEC. 8100. 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. 8101. (a) None of the funds appropriated by this Act may 

be used to transfer research and development, acquisition, or other 

program authority relating to current tactical unmanned aerial vehicles (TUAVs) from the Army. 

(b) The Army shall retain responsibility for and operational 

control of the Extended Range Multi-Purpose (ERMP) Unmanned 

Aerial Vehicle (UAV) in order to support the Secretary of Defense in 

matters relating to the employment of unmanned aerial vehicles. 

SEC. 8102. Of the funds provided in this Act, $8,100,000 shall 

be available for the operations and development of training and 

technology for the Joint Interagency Training Center-East and the 

affiliated Center for National Response at the Memorial Tunnel and 

for providing homeland defense/security and traditional 

warfighting training to the Department of Defense, other Federal 

agency, and State and local first responder personnel at the Joint 

Interagency Training Center-East. 

SEC. 8103. The authority to conduct a continuing cooperative 

program in the proviso in title II of Public Law 102–368 under the 

heading ‘‘Research, Development, Test and Evaluation, Defense 

Agencies’’ (106 Stat. 1121) shall be extended through September 30, 

2008 in cooperation with NELHA. 

SEC. 8104. 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. 8105. Up to $10,000,000 of the funds appropriated under 

the heading, ‘‘Operation and Maintenance, Navy’’ may be made 

available for the Asia Pacific Regional Initiative Program for the 

purpose of enabling the Pacific Command to execute Theater Security Cooperation activities such as humanitarian assistance, and 

payment of incremental and personnel costs of training and exercising with foreign security forces: Provided, That funds made 

available for this purpose may be used, notwithstanding any other 

funding authorities for humanitarian assistance, security assistance 

or combined exercise expenses: Provided further, That funds may 

not be obligated to provide assistance to any foreign country that is 

otherwise prohibited from receiving such type of assistance under 

any other provision of law. 

SEC. 8106. 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 

$401,925,000, the total amount appropriated in title III of this Act 

is hereby reduced by $325,000,000, the total amount appropriated 


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in title IV of this Act is hereby reduced by $286,000,000, the total 

amount appropriated in title V of this Act is hereby reduced by 

$9,500,000, the total amount appropriated in title VI of this Act is 

hereby reduced by $9,500,000, and the total amount appropriated in 

title VII of this Act is hereby reduced by $2,500,000: 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: 

Provided further, That this reduction shall not apply to ‘‘Central Intelligence Agency Retirement and Disability System Fund’’. SEC. 8107. The Secretary of Defense shall, not later than 90 

days after the enactment of this Act, submit to the congressional defense committees a report detailing the efforts by the Department of 

Defense Education Activity (DoDEA) to address dyslexia in students 

at DoDEA schools: Provided, That this report shall include a description of funding provided in this and other Department of Defense Appropriations Acts used by DoDEA schools to address dyslexia. 

SEC. 8108. (a) LIMITATION ON RETIREMENT PENDING REPORT

ON BOMBER FORCE STRUCTURE.—No funds appropriated for the Department of Defense may be obligated or expended for retiring or 

dismantling any of the 93 B–52H bomber aircraft in service in the 

Air Force as of June 1, 2006, until 30 days after the Secretary of 

the Air Force transmits to the congressional defense committees a 

report on the bomber force structure of the Air Force meeting the requirements of subsection (b). 

(b) ELEMENTS.—The report under subsection (a) shall set forth 

the following: 

(1) The plan of the Air Force for the modernization of the 

B–52H bomber aircraft fleet. 

(2) The plans of the Air Force for the modernization of the 

balance of the bomber force structure. 

(3) The amount and type of bombers in the bomber force 

structure that is appropriate to meet the requirements of the national security strategy of the United States. 

(4) An analysis and justification of the cost and projected 

savings of any reductions to the B–52H bomber fleet as a result 

of the retirement or dismantlement of the B–52H bomber aircraft covered by the report. 

(5) The current assessments for the useful life of each of the 

bomber aircraft in the Air Force inventory under the Aircraft 

Structural Integrity Program, any flight restrictions against 

each of the bomber aircraft in the Air Force inventory, and an 

analysis of any funding required for modifications designed to 

correct a problem that threatens grounding all or a portion of 

that aircraft fleet. 

(6) The date by which any new bomber aircraft must reach 

initial operational capability and the capabilities of the bomber 

force structure that would be replaced or superseded by any new 

bomber aircraft. 

(7) An assessment of the likelihood that the development of 

a new bomber aircraft will meet the current schedule of reaching initial operational capability by 2018. 

(8) An assessment of the risk to national security of retiring 

a substantial portion of our bomber fleet, including a considerVerDate Aug 31 2005 23:08 Sep 27, 2006 Jkt 029998 PO 00000 Frm 00046 Fmt 6659 Sfmt 6603 E:\HR\OC\HR676.XXX HR676

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ation of the additional risk if the development of a new bomber 

aircraft does not meet the current schedule of reaching initial 

operational capability by 2018. 

(c) PREPARATION OF REPORT.—A report under this section shall 

be prepared and submitted by the Institute of Defense Analyses to 

the Secretary of the Air Force for transmittal by the Secretary in accordance with subsection (a). 

(d) FORM.—The report under subsection (a) shall be in unclassified form, but may include a classified annex. 

SEC. 8109. Notwithstanding the first section of Public Law 85–

804 (50 U.S.C. 1431), in the event a notice on the modification of 

a contract described in that section is submitted to the Committees 

on Armed Services of the Senate and the House of Representatives 

by the Army Contract Adjustment Board during the period beginning on July 28, 2006, and ending on the date of the adjournment 

of the 109th Congress sine die, such contract may be modified in accordance with such notice commencing on the earlier of—

(1) the date that is 60 calendar days after the date of such 

notice; or 

(2) the date of the adjournment of the 109th Congress sine 

die. 

SEC. 8110. (a) Except as provided in subsection (b), the Secretary of the Air Force shall, not later than March 31, 2007, submit 

to the congressional defense committees a cost-benefit analysis of 

significant proposed realignments or closures of research and development or test and evaluation installations, activities, facilities, laboratories, units, functions, or capabilities of the Air Force. The analysis shall include an evaluation of missions served and alternatives 

considered and of the benefits, costs, risks, and other considerations 

associated with each such proposed realignment or closure. 

(b) The requirement under subsection (a) does not apply to realignment and closure activities carried out in accordance with the 

final recommendations of the Defense Base Closure and Realignment Commission under the 2005 round of defense base closure and 

realignment. 

(c) None of the funds appropriated or otherwise made available 

in this Act may be used to transfer from Eglin Air Force Base, Florida, to any other location, or otherwise to divest from that base, any 

test and evaluation facility or test and evaluation activity that as 

of the beginning of fiscal year 2007 is located or conducted at that 

base. 

SEC. 8111. None of the funds appropriated or otherwise made 

available by this Act may be obligated or expended to implement 

any provision of the National Security Personnel System under 

chapter 99 of title 5, United States Code, that deviates from any 

provision relating to labor-management relations, adverse actions, 

or appeals under chapter 71, 75, or 77 of title 5, United States Code, 

or from any regulations prescribed under such chapter 71, 75, or 77: 

Provided, That the limitation in this section shall cease to apply to 

the extent that the decision of the court in AFGE v. Rumsfeld (442 

F. Supp. 2d 16 (D.D.C. 2006)) is reversed on appeal. 

SEC. 8112. Except as expressly provided otherwise, any reference to ‘‘this Act’’ contained in this division shall be treated as referring only to the provisions of this division. 


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TITLE IX 

ADDITIONAL APPROPRIATIONS 

MILITARY PERSONNEL 

MILITARY PERSONNEL, ARMY

For an additional amount for ‘‘Military Personnel, Army’’, 

$4,346,710,000. 

MILITARY PERSONNEL, NAVY

For an additional amount for ‘‘Military Personnel, Navy’’, 

$143,296,000. 

MILITARY PERSONNEL, MARINE CORPS

For an additional amount for ‘‘Military Personnel, Marine 

Corps’’, $145,576,000. 

MILITARY PERSONNEL, AIR FORCE

For an additional amount for ‘‘Military Personnel, Air Force’’, 

$351,788,000. 

RESERVE PERSONNEL, ARMY

For an additional amount for ‘‘Reserve Personnel, Army’’, 

$87,756,000. 

RESERVE PERSONNEL, MARINE CORPS

For an additional amount for ‘‘Reserve Personnel, Marine 

Corps’’, $15,420,000. 

NATIONAL GUARD PERSONNEL, ARMY

For an additional amount for ‘‘National Guard Personnel, 

Army’’, $295,959,000. 

OPERATION AND MAINTENANCE 

OPERATION AND MAINTENANCE, ARMY

For an additional amount for ‘‘Operation and Maintenance, 

Army’’, $28,364,102,000. 

OPERATION AND MAINTENANCE, NAVY

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Operation and Maintenance, 

Navy’’, $1,615,288,000: Provided, That up to $90,000,000 shall be 

transferred to the Coast Guard ‘‘Operating Expenses’’ account. 

OPERATION AND MAINTENANCE, MARINE CORPS

For an additional amount for ‘‘Operation and Maintenance, 

Marine Corps’’, $2,689,006,000. 


CColeman on PROD1PC71 with HEARING
45 

OPERATION AND MAINTENANCE, AIR FORCE

For an additional amount for ‘‘Operation and Maintenance, Air 

Force’’, $2,688,189,000. 

OPERATION AND MAINTENANCE, DEFENSE-WIDE

For an additional amount for ‘‘Operation and Maintenance, Defense-Wide’’, $2,774,963,000, of which up to $900,000,000, to remain 

available until expended, may be used for payments to reimburse 

Pakistan, Jordan, and other key cooperating nations, for logistical, 

military, and other support provided, or to be provided, to United 

States military operations, notwithstanding any other provision of 

law: Provided, That such payments may be made in such amounts 

as the Secretary of Defense, with the concurrence of the Secretary of 

State, and in consultation with the Director of the Office of Management and Budget, may determine, in his discretion, based on documentation determined by the Secretary of Defense to adequately account for the support provided, and such determination is final and 

conclusive upon the accounting officers of the United States, and 15 

days following notification to the appropriate congressional committees: Provided further, That the Secretary of Defense shall provide 

quarterly reports to the congressional defense committees on the use 

of funds provided in this paragraph. 

OPERATION AND MAINTENANCE, ARMY RESERVE

For an additional amount for ‘‘Operation and Maintenance, 

Army Reserve’’, $211,600,000. 

OPERATION AND MAINTENANCE, NAVY RESERVE

For an additional amount for ‘‘Operation and Maintenance, 

Navy Reserve’’, $9,886,000. 

OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

For an additional amount for ‘‘Operation and Maintenance, 

Marine Corps Reserve’’, $48,000,000. 

OPERATION AND MAINTENANCE, AIR FORCE RESERVE

For an additional amount for ‘‘Operation and Maintenance, Air 

Force Reserve’’, $65,000,000. 

OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance, 

Army National Guard’’, $424,000,000. 

OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance, Air 

National Guard’’, $200,000,000. 

IRAQ FREEDOM FUND

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Iraq Freedom Fund’’, 

$50,000,000, to remain available for transfer until September 30, 


CColeman on PROD1PC71 with HEARING
46 

2008, only to support operations in Iraq or Afghanistan: Provided, 

That the Secretary of Defense may transfer the funds provided herein to appropriations for military personnel; operation and maintenance; Overseas Humanitarian, Disaster, and Civic Aid; procurement; research, development, test and evaluation; and working capital funds: 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 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 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: 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. 

AFGHANISTAN SECURITY FORCES FUND

(INCLUDING TRANSFER OF FUNDS)

For the ‘‘Afghanistan Security Forces Fund’’, $1,500,000,000, to 

remain available until September 30, 2008: Provided, That such 

funds shall be available to the Secretary of Defense, notwithstanding any other provision of law, for the purpose of allowing the 

Commander, Office of Security Cooperation—Afghanistan, or the 

Secretary’s designee, to provide assistance, with the concurrence of 

the Secretary of State, to the security forces of Afghanistan, including the provision of equipment, supplies, services, training, facility 

and infrastructure repair, renovation, and construction, and funding: Provided further, That the authority to provide assistance 

under this heading is in addition to any other authority to provide 

assistance to foreign nations: Provided further, That the Secretary 

of Defense may transfer such funds to appropriations for military 

personnel; operation and maintenance; Overseas Humanitarian, 

Disaster, and Civic Aid; procurement; research, development, test 

and evaluation; and defense working capital funds to accomplish 

the purposes 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 a determination that all or part of the funds so transferred from this appropriation are not necessary for the purposes provided herein, such 

amounts may be transferred back to this appropriation: Provided 

further, That contributions of funds for the purposes provided herein from any person, foreign government, or international organization may be credited to this Fund, and used for such purposes: Provided further, That the Secretary shall notify the congressional defense committees in writing upon the receipt and upon the transfer 

of any contribution delineating the sources and amounts of the 

funds received and the specific use of such contributions: Provided 

further, That the Secretary of Defense shall, not fewer than five days 

prior to making transfers from this appropriation account, notify 


CColeman on PROD1PC71 with HEARING
47 

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. 

IRAQ SECURITY FORCES FUND

(INCLUDING TRANSFER OF FUNDS)

For the ‘‘Iraq Security Forces Fund’’, $1,700,000,000, to remain 

available until September 30, 2008: Provided, That such funds shall 

be available to the Secretary of Defense, notwithstanding any other 

provision of law, for the purpose of allowing the Commander, MultiNational Security Transition Command—Iraq, or the Secretary’s 

designee, to provide assistance, with the concurrence of the Secretary of State, to the security forces of Iraq, including the provision 

of equipment, supplies, services, training, facility and infrastructure 

repair, renovation, and construction, and funding: Provided further, 

That the authority to provide assistance under this heading is in 

addition to any other authority to provide assistance to foreign nations: Provided further, That the Secretary of Defense may transfer 

such funds to appropriations for military personnel; operation and 

maintenance; Overseas Humanitarian, Disaster, and Civic Aid; procurement; research, development, test and evaluation; and defense 

working capital funds to accomplish the purposes 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 a determination that all or part of the 

funds so transferred from this appropriation are not necessary for 

the purposes provided herein, such amounts may be transferred 

back to this appropriation: Provided further, That contributions of 

funds for the purposes provided herein from any person, foreign government, or international organization may be credited to this 

Fund, and used for such purposes: Provided further, That the Secretary shall notify the congressional defense committees in writing 

upon the receipt and upon the transfer of any contribution delineating the sources and amounts of the funds received and the specific use of such contributions: Provided further, That the Secretary 

of Defense shall, not fewer than five days prior to making transfers 

from this appropriation account, 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. 

JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

(INCLUDING TRANSFER OF FUNDS)

For the ‘‘Joint Improvised Explosive Device Defeat Fund’’, $1,920,700,000, to remain available until September 30, 2009: Provided, That such funds shall be available to the Secretary of Defense, notwithstanding any other provision of law, for the purpose 

of allowing the Director of the Joint Improvised Explosive Device 

Defeat Organization to investigate, develop and provide equipment, 


CColeman on PROD1PC71 with HEARING
48 

supplies, services, training, facilities, personnel and funds to assist 

United States forces in the defeat of improvised explosive devices: 

Provided further, That within 60 days of the enactment of this Act, 

a plan for the intended management and use of the Fund is provided to the congressional defense committees: Provided further, 

That the Secretary of Defense shall submit a report not later than 

30 days after the end of each fiscal quarter to the congressional defense committees providing assessments of the evolving threats, individual service requirements to counter the threats, the current strategy for predeployment training of members of the Armed Forces on 

improvised explosive devices, and details on the execution of this 

Fund: Provided further, That the Secretary of Defense may transfer 

funds provided herein to appropriations for 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. 

PROCUREMENT 

AIRCRAFT PROCUREMENT, ARMY

For an additional amount for ‘‘Aircraft Procurement, Army’’, 

$1,461,300,000, to remain available for obligation until September 

30, 2009. 

PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, 

ARMY

For an additional amount for ‘‘Procurement of Weapons and 

Tracked Combat Vehicles, Army’’, $3,393,230,000, to remain available for obligation until September 30, 2009. 

PROCUREMENT OF AMMUNITION, ARMY

For an additional amount for ‘‘Procurement of Ammunition, 

Army’’, $237,750,000, to remain available for obligation until September 30, 2009. 

OTHER PROCUREMENT, ARMY

For an additional amount for ‘‘Other Procurement, Army’’, $5,003,995,000, to remain available for obligation until September 

30, 2009. 

AIRCRAFT PROCUREMENT, NAVY

For an additional amount for ‘‘Aircraft Procurement, Navy’’, $486,881,000, to remain available for obligation until September 30, 

2009. 


CColeman on PROD1PC71 with HEARING
49 

WEAPONS PROCUREMENT, NAVY

For an additional amount for ‘‘Weapons Procurement, Navy’’, 

$109,400,000, to remain available for obligation until September 30, 

2009. 

PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS

For an additional amount for ‘‘Procurement of Ammunition, 

Navy and Marine Corps’’, $127,880,000, to remain available for obligation until September 30, 2009. 

OTHER PROCUREMENT, NAVY

For an additional amount for ‘‘Other Procurement, Navy’’, 

$319,965,000, to remain available for obligation until September 30, 

2009. 

PROCUREMENT, MARINE CORPS

For an additional amount for ‘‘Procurement, Marine Corps’’, 

$4,898,269,000, to remain available for obligation until September 

30, 2009. 

AIRCRAFT PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Aircraft Procurement, Air 

Force’’, $2,291,300,000, to remain available for obligation until September 30, 2009. 

MISSILE PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Missile Procurement, Air Force’’, 

$32,650,000, to remain available for obligation until September 30, 

2009. 

OTHER PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Other Procurement, Air Force’’, 

$1,317,607,000, to remain available for obligation until September 

30, 2009. 

PROCUREMENT, DEFENSE-WIDE

For an additional amount for ‘‘Procurement, Defense-Wide’’, 

$145,555,000, to remain available for obligation until September 30, 

2009. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

For an additional amount for ‘‘Research, Development, Test and 

Evaluation, Navy’’, $231,106,000, to remain available until September 30, 2008. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE

For an additional amount for ‘‘Research, Development, Test and 

Evaluation, Air Force’’, $36,964,000, to remain available until September 30, 2008. 


CColeman on PROD1PC71 with HEARING
50 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE

For an additional amount for ‘‘Research, Development, Test and 

Evaluation, Defense-Wide’’, $139,644,000, to remain available until 

September 30, 2008. 

OTHER DEPARTMENT OF DEFENSE PROGRAMS 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

For an additional amount for ‘‘Drug Interdiction and CounterDrug Activities, Defense’’, $100,000,000. 

RELATED AGENCIES 

INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

For an additional amount for ‘‘Intelligence Community Management Account’’, $19,265,000, to remain available until September 

30, 2008. 

GENERAL PROVISIONS 

SEC. 9001. Appropriations provided in this title are available 

for obligation until September 30, 2007, unless otherwise so provided in this title. 

SEC. 9002. Notwithstanding any other provision of law or of 

this Act, funds made available in this title are in addition to 

amounts provided elsewhere in this Act. 

(TRANSFER OF FUNDS)

SEC. 9003. Upon his determination that such action is necessary in the national interest, the Secretary of Defense may transfer 

between appropriations up to $3,000,000,000 of the funds made 

available to the Department of Defense in this title: Provided, That 

the Secretary shall notify the Congress promptly of each transfer 

made pursuant to the authority in this section: Provided further, 

That the authority provided in this section is in addition to any 

other transfer authority available to the Department of Defense and 

is subject to the same terms and conditions as the authority provided in section 8005 of this Act. 

SEC. 9004. Funds appropriated in this title, or made available 

by the transfer of funds in or pursuant to this title, 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). 

SEC. 9005. None of the funds provided in this title may be used 

to finance programs or activities denied by Congress in fiscal years 

2006 or 2007 appropriations to the Department of Defense or to initiate a procurement or research, development, test and evaluation 

new start program without prior written notification to the congressional defense committees. 

SEC. 9006. (a) From funds made available in this title to the 

Department of Defense, not to exceed $500,000,000 may be used, 

notwithstanding any other provision of law, to fund the Commander’s Emergency Response Program, for the purpose of enabling 

military commanders in Iraq to respond to urgent humanitarian reVerDate Aug 31 2005 23:08 Sep 27, 2006 Jkt 029998 PO 00000 Frm 00054 Fmt 6659 Sfmt 6603 E:\HR\OC\HR676.XXX HR676

CColeman on PROD1PC71 with HEARING
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lief and reconstruction requirements within their areas of responsibility by carrying out programs that will immediately assist the 

Iraqi people, and to fund a similar program to assist the people of 

Afghanistan. 

(b) QUARTERLY REPORTS.—Not later than 15 days after the end 

of each fiscal year quarter (beginning with the first quarter of fiscal 

year 2007), the Secretary of Defense shall submit to the congressional defense committees a report regarding the source of funds 

and the allocation and use of funds during that quarter that were 

made available pursuant to the authority provided in this section 

or under any other provision of law for the purposes of the programs 

under subsection (a). 

SEC. 9007. Amounts provided in this title for operations in Iraq 

and Afghanistan may be used by the Department of Defense for the 

purchase of up to 20 heavy and light armored vehicles for force protection purposes, notwithstanding price or other limitations specified elsewhere in this Act, or any other provision of law: Provided, 

That the Secretary of Defense shall submit a report in writing no 

later than 30 days after the end of each fiscal quarter notifying the 

congressional defense committees of any purchase described in this 

section, including the cost, purposes, and quantities of vehicles purchased. 

SEC. 9008. During the current fiscal year, funds available to the 

Department of Defense for operation and maintenance may be used, 

notwithstanding any other provision of law, to provide supplies, 

services, transportation, including airlift and sealift, and other 

logistical support to coalition forces supporting military and stability operations in Iraq and Afghanistan: Provided, That the Secretary of Defense shall provide quarterly reports to the congressional 

defense committees regarding support provided under this section. 

SEC. 9009. Supervision and administration costs associated 

with a construction project funded with appropriations available for 

operation and maintenance, and executed in direct support of the 

Global War on Terrorism only in Iraq and Afghanistan, may be obligated at the time a construction contract is awarded: Provided, 

That for the purpose of this section, supervision and administration 

costs include all in-house Government costs. 

SEC. 9010. (a) Not later than 60 days after the date of the enactment of this Act and every 90 days thereafter through the end of 

fiscal year 2007, the Secretary of Defense shall set forth in a report 

to Congress a comprehensive set of performance indicators and 

measures for progress toward military and political stability in 

Iraq. 

(b) The report shall include performance standards and goals 

for security, economic, and security force training objectives in Iraq 

together with a notional timetable for achieving these goals. 

(c) In specific, the report requires, at a minimum, the following: 

(1) With respect to stability and security in Iraq, the following: 

(A) Key measures of political stability, including the 

important political milestones that must be achieved over 

the next several years. 

(B) The primary indicators of a stable security environment in Iraq, such as number of engagements per day, 

numbers of trained Iraqi forces, and trends relating to 


CColeman on PROD1PC71 with HEARING
52 

numbers and types of ethnic and religious-based hostile encounters. 

(C) An assessment of the estimated strength of the insurgency in Iraq and the extent to which it is composed of 

non-Iraqi fighters. 

(D) A description of all militias operating in Iraq, including the number, size, equipment strength, military effectiveness, sources of support, legal status, and efforts to 

disarm or reintegrate each militia. 

(E) Key indicators of economic activity that should be 

considered the most important for determining the prospects of stability in Iraq, including—

(i) unemployment levels; 

(ii) electricity, water, and oil production rates; and 

(iii) hunger and poverty levels. 

(F) The criteria the Administration will use to determine when it is safe to begin withdrawing United States 

forces from Iraq. 

(2) With respect to the training and performance of security 

forces in Iraq, the following: 

(A) The training provided Iraqi military and other 

Ministry of Defense forces and the equipment used by such 

forces. 

(B) Key criteria for assessing the capabilities and readiness of the Iraqi military and other Ministry of Defense 

forces, goals for achieving certain capability and readiness 

levels (as well as for recruiting, training, and equipping 

these forces), and the milestones and notional timetable for 

achieving these goals. 

(C) The operational readiness status of the Iraqi military forces, including the type, number, size, and organizational structure of Iraqi battalions that are—

(i) capable of conducting counterinsurgency operations independently; 

(ii) capable of conducting counterinsurgency operations with the support of United States or coalition 

forces; or 

(iii) not ready to conduct counterinsurgency operations. 

(D) The rates of absenteeism in the Iraqi military 

forces and the extent to which insurgents have infiltrated 

such forces. 

(E) The training provided Iraqi police and other Ministry of Interior forces and the equipment used by such 

forces. 

(F) Key criteria for assessing the capabilities and readiness of the Iraqi police and other Ministry of Interior 

forces, goals for achieving certain capability and readiness 

levels (as well as for recruiting, training, and equipping), 

and the milestones and notional timetable for achieving 

these goals, including—

(i) the number of police recruits that have received 

classroom training and the duration of such instruction; 


CColeman on PROD1PC71 with HEARING
53 

(ii) the number of veteran police officers who have 

received classroom instruction and the duration of such 

instruction; 

(iii) the number of police candidates screened by 

the Iraqi Police Screening Service, the number of candidates derived from other entry procedures, and the 

success rates of those groups of candidates; 

(iv) the number of Iraqi police forces who have received field training by international police trainers 

and the duration of such instruction; and 

(v) attrition rates and measures of absenteeism 

and infiltration by insurgents. 

(G) The estimated total number of Iraqi battalions 

needed for the Iraqi security forces to perform duties now 

being undertaken by coalition forces, including defending 

the borders of Iraq and providing adequate levels of law 

and order throughout Iraq. 

(H) The effectiveness of the Iraqi military and police officer cadres and the chain of command. 

(I) The number of United States and coalition advisors 

needed to support the Iraqi security forces and associated 

ministries. 

(J) An assessment, in a classified annex if necessary, of 

United States military requirements, including planned 

force rotations, through the end of calendar year 2007. 

SEC. 9011. Amounts provided in chapter 1 of title V of the 

Emergency Supplemental Appropriations Act for Defense, the Global 

War on Terror, and Hurricane Recovery, 2006 are hereby designated 

as emergency requirements pursuant to section 402 of H. Con. Res. 

95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006. 

SEC. 9012. None of the funds appropriated or otherwise made 

available by this Act may 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. 9013. Each amount appropriated or otherwise made available in this title is designated as making appropriations for contingency operations directly related to the global war on terrorism, and 

other unanticipated defense-related operations, pursuant to section 

402 of H. Con. Res. 376 (109th Congress) as made applicable to the 

House of Representatives by H. Res. 818 (109th Congress), and as 

an emergency requirement pursuant to section 402 of S. Con. Res. 

83 (109th Congress) as made applicable to the Senate by section 

7035 of Public Law 109–234. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 9014. (a) Congress makes the following findings: 

(1) Despite the signing of the Darfur Peace Agreement on 

May 5, 2006, the violence in Darfur, Sudan, continues to escalate and threatens to spread to other areas of Sudan and 

throughout the region. 


CColeman on PROD1PC71 with HEARING
54 

(2) The African Union Mission in Sudan (AMIS) currently 

serves as the primary security force in Darfur, but it is hoped 

that a United Nations peacekeeping force can be deployed to the 

region. 

(3) The continued presence of a peacekeeping force in 

Darfur, Sudan, is critical to curbing the spread of violence in 

the region. 

(b) Of the funds appropriated in this title under the heading ‘‘Operation and Maintenance, Defense-Wide’’, $20,000,000 shall be 

made available only for transfer to the Department of State ‘‘Peacekeeping Operations’’ account to support peacekeeping activities in 

Sudan: Provided, That these funds shall be transferred by the Secretary of Defense if he determines such amounts are required to assist in peacekeeping activities. 

(c) The transfer authority in this section is in addition to any 

other transfer authority available to the Department of Defense. 

(d) The Secretary shall, not fewer than five days prior to making transfers under this authority, notify the congressional defense 

committees in writing of the details of any such transfer. 

SEC. 9015. 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 any 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. 9016. PROHIBITION ON PAYMENT OF AWARD FEES TO DE- FENSE CONTRACTORS IN CASES OF CONTRACT NON-PERFORMANCE.— 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 for performance that does not meet the requirements 

of the contract. 

SEC. 9017. No funds appropriated or otherwise made available 

by this Act may be used by the Government of the United States to 

enter into an agreement with the Government of Iraq that would 

subject members of the Armed Forces of the United States to the jurisdiction of Iraq criminal courts or punishment under Iraq law. 

SEC. 9018. Notwithstanding any other provision of law, the Secretary of the Army may reimburse a member for expenses incurred 

by the member or family member when such expenses are otherwise 

not reimbursable under law: Provided, That such expenses must 

have been incurred in good faith as a direct consequence of reasonable preparation for, or execution of, military orders: Provided further, That reimbursement under this section shall be allowed only 

in situations wherein other authorities are insufficient to remedy a 

hardship determined by the Secretary, and only when the Secretary 


CColeman on PROD1PC71 with HEARING
55 

determines that reimbursement of the expense is in the best interest 

of the member and the United States. 

TITLE X 

FISCAL YEAR 2006 WILDLAND FIRE EMERGENCY 

APPROPRIATIONS 

DEPARTMENT OF THE INTERIOR 

BUREAU OF LAND MANAGEMENT

WILDLAND FIRE MANAGEMENT

For an additional amount for ‘‘Wildland Fire Management’’, 

$100,000,000, to be available for obligation upon enactment of this 

Act and to remain available until expended, for wildland fire suppression, emergency rehabilitation activities and for repayment to 

other appropriation accounts from which funds were transferred on 

an emergency basis for wildfire suppression: Provided, That the 

amount provided is designated as an emergency requirement pursuant to section 501 of H. Con. Res. 376 (109th Congress) as made applicable to the House of Representatives by H. Res. 818 (109th Congress) and as an emergency requirement pursuant to section 402 of 

S. Con. Res. 83 (109th Congress) as made applicable to the Senate 

by section 7035 of Public Law 109–234. 

DEPARTMENT OF AGRICULTURE 

FOREST SERVICE

WILDLAND FIRE MANAGEMENT

For an additional amount for ‘‘Wildland Fire Management’’, 

$100,000,000, to be available for obligation upon enactment of this 

Act and to remain available until expended, for wildland fire suppression, emergency rehabilitation activities and for repayment to 

other appropriation accounts from which funds were transferred on 

an emergency basis for wildfire suppression: Provided, That the 

amount provided is designated as an emergency requirement pursuant to section 501 of H. Con. Res. 376 (109th Congress) as made applicable to the House of Representatives by H. Res. 818 (109th Congress) and as an emergency requirement pursuant to section 402 of 

S. Con. Res. 83 (109th Congress) as made applicable to the Senate 

by section 7035 of Public Law 109–234. 

This Act may be cited as the ‘‘Department of Defense Appropriations Act, 2007’’. 

DIVISION B—CONTINUING APPROPRIATIONS RESOLUTION, 2007 

The following sums are hereby appropriated, out of any money 

in the Treasury not otherwise appropriated, and out of applicable 

corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of 

Government for fiscal year 2007, and for other purposes, namely: 

SEC. 101. (a) Such amounts as may be necessary under the authority and conditions provided in the applicable appropriations Act 

for fiscal year 2006 for continuing projects or activities (including 


CColeman on PROD1PC71 with HEARING
56 

the costs of direct loans and loan guarantees) that are not otherwise 

specifically provided for in this division, that were conducted in fiscal year 2006, and for which appropriations, funds, or other authority would be available in the following appropriations Acts: 

(1) The Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2007. 

(2) The Energy and Water Development Appropriations Act, 

2007 (in the House of Representatives), or the Energy and Water 

Appropriations Act, 2007 (in the Senate). 

(3) The Foreign Operations, Export Financing, and Related 

Programs Appropriations Act, 2007 (in the House of Representatives), or the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2007 (in the Senate). 

(4) The Department of Homeland Security Appropriations 

Act, 2007. 

(5) The Department of the Interior, Environment, and Related 

Agencies Appropriations Act, 2007. 

(6) The Departments of Labor, Health and Human Services, 

and Education, and Related Agencies Appropriations Act, 2007. 

(7) The Legislative Branch Appropriations Act, 2007. 

(8) The Military Construction, Military Quality of Life and 

Veterans Affairs Appropriations Act, 2007 (in the House of Representatives), or the Military Construction and Veterans Affairs 

and Related Agencies Appropriations Act, 2007 (in the Senate). 

(9) The Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2007 (in the House of Representatives), 

or the Departments of Commerce and Justice, Science, and Related Agencies Appropriations Act, 2007 (in the Senate). 

(10) The Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2007 (in the House of 

Representatives), or the Transportation, Treasury, Housing and 

Urban Development, the Judiciary, and Related Agencies Appropriations Act, 2007 (in the Senate) and the District of Columbia Appropriations Act, 2007 (in the Senate). 

(b) Whenever the amount that would be made available or the 

authority that would be granted for a project or activity under an 

Act listed in subsection (a) as passed by the House of Representatives as of October 1, 2006, is the same as the amount or authority 

that would be available or granted under the same or other pertinent Act as passed by the Senate as of October 1, 2006—

(1) the project or activity shall be continued at a rate for operations not exceeding the current rate or the rate permitted by 

the actions of the House and the Senate, whichever is lower, 

and under the authority and conditions provided in applicable 

appropriations Acts for fiscal year 2006; or 

(2) if no amount or authority is made available or granted for 

the project or activity by the actions of the House and the Senate, the project or activity shall not be continued. 

(c) Whenever the amount that would be made available or the 

authority that would be granted for a project or activity under 

an Act listed in subsection (a) as passed by the House of Representatives as of October 1, 2006, is different from the amount 

or authority that would be available or granted under the same 


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or other pertinent Act as passed by the Senate as of October 1, 

2006— (1) the project or activity shall be continued at a rate for operations not exceeding the current rate or the rate permitted by 

the action of the House or the Senate, whichever is lowest, and 

under the authority and conditions provided in applicable appropriations Acts for fiscal year 2006; or 

(2) if the project or activity is included in the pertinent Act 

of only one of the Houses, the project or activity shall be continued under the appropriation, fund, or authority granted by the 

one House, but at a rate for operations not exceeding the current 

rate or the rate permitted by the action of the one House, whichever is lower, and under the authority and conditions provided 

in applicable appropriations Acts for fiscal year 2006. 

(d) Whenever the pertinent Act covering a project or activity 

has been passed by only the House of Representatives as of October 1, 2006— (1) the project or activity shall be continued under the appropriation, fund, or authority granted by the House, at a rate for 

operations not exceeding the current rate or the rate permitted 

by the action of the House, whichever is lower, and under the 

authority and conditions provided in applicable appropriations 

Acts for fiscal year 2006; or 

(2) if the project or activity is funded in applicable appropriations Acts for fiscal year 2006 and not included in the pertinent 

Act of the House as of October 1, 2006, the project or activity 

shall be continued under the appropriation, fund, or authority 

granted by applicable appropriations Acts for fiscal year 2006 

at a rate for operations not exceeding the current rate and 

under the authority and conditions provided in applicable appropriations Acts for fiscal year 2006. 

(e) Whenever the pertinent Act covering a project or activity has 

been passed by neither the House of Representatives nor the Senate 

as of October 1, 2006, the project or activity shall be continued 

under the appropriation, fund, or authority granted by applicable 

appropriations Acts for fiscal year 2006 at a rate for operations not 

exceeding the current rate and under the authority and conditions 

provided in applicable appropriations Acts for fiscal year 2006. 

SEC. 102. (a) For purposes of section 101, the pertinent appropriations Acts for fiscal year 2007 covering the activities specified 

in subsection (c) shall be the Act listed in section 101(a)(8) as passed 

by the House of Representatives, and H.R. 5631 (109th Congress) as 

passed by the Senate. 

(b) For purposes of section 106(2) and 107, the applicable appropriations Act for fiscal year 2007 covering the activities specified 

in subsection (c) shall be the Act listed in section 101(a)(8). 

(c) The activities referred to in subsections (a) and (b) are the 

following activities of the Department of Defense: 

(1) Activities under the ‘‘Basic Allowance for Housing’’ accounts, and the basic allowance for housing activities under the 

‘‘Military Personnel’’ accounts. 

(2) Activities under the ‘‘Facilities Sustainment, Restoration 

and Modernization’’ accounts, and the facilities sustainment, 

restoration and modernization activities under the ‘‘Operation 

and Maintenance’’ accounts. 


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(3) Activities under the ‘‘Environmental Restoration’’ accounts. 

(4) Activities under the ‘‘Defense Health Program’’ account. 

SEC. 103. Appropriations made by section 101 shall be available to the extent and in the manner that would be provided by the 

pertinent appropriations Act. 

SEC. 104. No appropriation or funds made available or authority granted pursuant to section 101 shall be used to initiate or resume any project or activity for which appropriations, funds, or 

other authority were not available during fiscal year 2006. 

SEC. 105. Appropriations made and authority granted pursuant 

to this division shall cover all obligations or expenditures incurred 

for any project or activity during the period for which funds or authority for such project or activity are available under this division. 

SEC. 106. Unless otherwise provided for in this division or in 

the applicable appropriations Act, appropriations and funds made 

available and authority granted pursuant to this division shall be 

available until whichever of the following first occurs: (1) the enactment into law of an appropriation for any project or activity provided for in this division; (2) the enactment into law of the applicable appropriations Act by both Houses without any provision for 

such project or activity; or (3) November 17, 2006. 

SEC. 107. Expenditures made pursuant to this division shall be 

charged to the applicable appropriation, fund, or authorization 

whenever a bill in which such applicable appropriation, fund, or 

authorization is contained is enacted into law. 

SEC. 108. Appropriations and funds made available by or authority granted pursuant to this division may be used without regard to the time limitations for submission and approval of apportionments set forth in section 1513 of title 31, United States Code, 

but nothing in this division may be construed to waive any other 

provision of law governing the apportionment of funds. 

SEC. 109. Notwithstanding any other provision of this division, 

except section 106, for those programs that had high initial rates of 

operation or complete distribution of fiscal year 2006 appropriations 

at the beginning of that fiscal year because of distributions of funding to States, foreign countries, grantees, or others, similar distributions of funds for fiscal year 2007 shall not be made and no grants 

shall be awarded for such programs funded by this division that 

would impinge on final funding prerogatives. 

SEC. 110. This division shall be implemented so that only the 

most limited funding action of that permitted in the division shall 

be taken in order to provide for continuation of projects and activities. 

SEC. 111. No provision that is included in an appropriations 

Act listed in section 101(a), but that was not included in the applicable appropriations Act for fiscal year 2006 and by its terms is applicable to more than one appropriation, fund, or authority, shall be 

applicable to any appropriation, fund, or authority provided in this 

division. 

SEC. 112. No provision that is included in an appropriations 

Act listed in section 101(a), and that makes the availability of any 

appropriation provided therein dependent upon the enactment of additional authorizing or other legislation, shall be effective before the 

date set forth in section 106(3). 


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SEC. 113. Funds appropriated by this division may be obligated 

and expended notwithstanding section 10 of Public Law 91–672 (22 

U.S.C. 2412), section 15 of the State Department Basic Authorities 

Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations 

Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), 

and section 504(a)(1) of the National Security Act of 1947 (50 

U.S.C. 414(a)(1)). 

SEC. 114. (a) For entitlements and other mandatory payments 

whose budget authority was provided in appropriations Acts for fiscal year 2006, and for activities under the Food Stamp Act of 1977, 

activities shall be continued at the rate to maintain program levels 

under current law, under the authority and conditions provided in 

the applicable appropriations Act for fiscal year 2006, to be continued through the date specified in section 106(3) of this division. 

(b) Notwithstanding section 106 of this division, funds shall be 

available and obligations for mandatory payments due on or about 

November 1, 2006, and December 1, 2006 may continue to be made. 

SEC. 115. Notwithstanding the second proviso under the heading ‘‘Rental Assistance Program’’ in title III of the Agriculture, 

Rural Development, Food and Drug Administration, and Related 

Agencies Appropriations Act, 2006 (Public Law 109–97), the Secretary of Agriculture is authorized to enter into or renew contracts 

under section 521(a)(2) of the Housing Act of 1949 for one year. 

SEC. 116. The Secretary of Agriculture shall continue, through 

the date specified in section 106(3) of this division, the Water and 

Waste Systems Direct Loan Program under the authority and conditions (including the borrower’s interest rate and fees as of September 1, 2006) provided by the Agriculture, Rural Development, 

Food and Drug Administration, and Related Agencies Appropriations Act, 2006 (Public Law 109–97). 

SEC. 117. Section 14704 of title 40, United States Code, shall 

be applied by substituting the date specified in section 106(3) of this 

division for ‘‘October 1, 2006’’. 

SEC. 118. The authorities provided by sections 2(b)(9) and 7 of 

the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(9) and 635(f), 

and section 1 of Public Law 103–428 shall continue in effect 

through the date specified in section 106(3) of this division. 

SEC. 119. Section 501(i) of H.R. 3425, as enacted into law by 

section 1000(a)(5) of division B of Public Law 106–113 (Appendix 

E, 113 Stat. 1501A–313), as amended by section 591(b) of division 

D of Public Law 108–447 (118 Stat. 3037), shall continue in effect 

through the date specified in section 106(3) of this division. 

SEC. 120. In addition to the amounts provided under section 

101 of this division, amounts obligated in fiscal year 2006 from 

funding provided in section 458(a)(1) of the Higher Education Act 

(as reduced by the amount of account maintenance fees obligated to 

guaranty agencies for fiscal year 2006 pursuant to section 

458(a)(1)(B) of that Act), shall be deemed to have been provided in 

an applicable appropriations Act for fiscal year 2006. 

SEC. 121. The authority provided by section 2011 of title 38, 

United States Code, shall continue in effect through the date specified in section 106(3) of this division. 

SEC. 122. The authority provided by section 2808 of Public Law 

108–136, as amended by section 2809 of Public Law 109–163, shall 


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continue in effect through the date specified in section 106(3) of this 

division. 

SEC. 123. The authority provided by subsection (a) of section 

221 of the Veterans Health Care, Capital Asset, and Business Improvement Act of 2003 (Public Law 108–170) shall continue in effect, notwithstanding subsection (d) of that section, through the earlier of (1) the date specified in section 106(3) of this division; or (2) 

the date of the enactment into law of an authorization Act relating 

to major medical facility projects for the Department of Veterans Affairs. 

SEC. 124. Title VIII of the Departments of Commerce, Justice, 

and State, the Judiciary, and Related Agencies Appropriations Act, 

2005 (Public Law 108–447, division B), shall continue in effect 

through the date specified in section 106(3) of this division. 

SEC. 125. Funds appropriated by section 101 of this division for 

International Space Station Cargo Crew Services/International 

Partner Purchases within the National Aeronautics and Space Administration may be obligated in the account and budget structure 

set forth in the pertinent Acts specified in section 101(a)(9). 

SEC. 126. Except as provided for in section 101(b)(2), amounts 

made available under section 101 of this division for civilian personnel compensation and benefits in each department and agency 

may be apportioned up to the rate for operations necessary to avoid 

furloughs within such department or agency, consistent with enacted appropriations for fiscal year 2006, except that the such authority provided under this section shall not be used until after the 

department or agency has taken all necessary actions to reduce or 

defer non-personnel-related administrative expenses. 

SEC. 127. (a) Notwithstanding any other provision of this division, except section 106, the District of Columbia may expend local 

funds for programs and activities under the heading ‘‘District of Columbia Funds’’ for such programs and activities under title V of 

H.R. 5576 (109th Congress), as passed by the House of Representatives, at the rate set forth under ‘‘District of Columbia Funds, Summary of Expenses’’ as included in the Fiscal Year 2007 Proposed 

Budget and Financial Plan submitted to the Congress by the District of Columbia on June 5, 2006. 

(b) Sections 131 and 132 of division B of Public Law 109–115 

shall be applied by substituting the date specified in section 106(3) 

of this division for ‘‘September 30, 2006’’. 

SEC. 128. The provisions of title II of the McKinney-Vento 

Homeless Assistance Act (42 U.S.C. 11311 et seq.) shall continue in 

effect, notwithstanding section 209 of such Act, through the earlier 

of (1) the date specified in section 106(3) of this division; or (2) the 

date of the enactment into law of an authorization Act relating to 

the McKinney-Vento Homeless Assistance Act. 

SEC. 129. Funds appropriated by section 101 of this division for 

the Internal Revenue Service may be obligated in the account and 

budget structure set forth in title II of H.R. 5576 (109th Congress), 

as passed by the House of Representatives. 

SEC. 130. Activities authorized by title V of the Departments of 

Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1998 may continue through 

the date specified in section 106(3) of this division. 


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SEC. 131. Section 255(g) of the National Housing Act (12 U.S.C. 

1715z–20(g)) is amended by striking ‘‘250,000’’ and inserting ‘‘275,000’’. SEC. 132. Section 403(f) of Public Law 103–356 (31 U.S.C. 501 

note) shall be applied by substituting the date specified in section 

106(3) of this division for ‘‘October 1, 2006’’. This division may be cited as the ‘‘Continuing Appropriations 

Resolution, 2007’’. And the Senate agree to the same. 

BILL YOUNG, DAVE HOBSON, HENRY BONILLA, 

R.P. FRELINGHUYSEN, 

TODD TIAHRT, 

ROGER F. WICKER, 

JACK KINGSTON, 

KAY GRANGER, 

RAY LAHOOD, JERRY LEWIS, 

J.P. MURTHA, 

NORMAN D. DICKS, MARTIN OLAV SABO, PETER J. VISCLOSKY, JAMES P. MORAN, MARCY KAPTUR, DAVID OBEY, Managers on the Part of the House. 

TED STEVENS, 

THAD COCHRAN, 

ARLEN SPECTER, 

PETE V. DOMENICI, 

CHRISTOPHER BOND, 

MITCH MCCONNELL, 

RICHARD C. SHELBY, 

JUDD GREGG, 

KAY BAILEY HUTCHISON, 

CONRAD BURNS, 

DANIEL K. INOUYE, 

ROBERT C. BYRD, 

PATRICK LEAHY, 

TOM HARKIN, 

BYRON L. DORGAN, 

DICK DURBIN, 

HARRY REID, 

DIANNE FEINSTEIN, 

BARBARA A. MIKULSKI, 

Managers on the Part of the Senate. 


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JOINT EXPLANATORY STATEMENT 

DIVISION A 

DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2007 

The managers on the part of the House and the Senate at the 

conference on the disagreeing votes of the two Houses on the 

amendment of the Senate to the bill (H.R. 5631), making appropriations for the Department of Defense for the fiscal year ending 

September 30, 2007, and for other purposes, submit the following 

joint statement to the House and the Senate in explanation of the 

effect of the action agreed upon by the managers and recommended 

in the accompanying conference report. 

The conference agreement on the Department of Defense Appropriations Act, 2007, incorporates some of the provisions of the 

House and Senate versions of the bill. Additional items in the Senate bill are expected to be addressed in the Military Construction, 

Military Quality of Life and Veterans Affairs Appropriations Act, 

2007. The language and allocations set forth in House Report 109–

504 and Senate Report 109–292 (as they apply to the programs, 

projects, and activities contained in the accompanying conference 

report) should be complied with unless specifically addressed in the 

accompanying conference report and statement of managers to the 

contrary. 

The Senate amendment deleted the entire House bill after the 

enacting clause and inserted new language. The conference agreement includes revised language. 

DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

The conferees agree that for the purposes of the Balanced 

Budget and Emergency Deficit Control Act of 1985 (Public Law 99– 177) as amended by the Balanced Budget and Emergency Deficit 

Control Reaffirmation Act of 1987 (Public Law 100–119) and by the 

Budget Enforcement Act of 1990 (Public Law 101–508), the term 

program, project, and activity for appropriations contained in this 

Act shall be defined as the most specific level of budget items identified in the Department of Defense Appropriations Act, 2007, the 

accompanying House and Senate Committee reports, the conference 

report and accompanying joint explanatory statement of the managers of the Committee of Conference, the related classified annexes and reports, and the P–1 and R–1 budget justification documents as subsequently modified by Congressional action. The following exception to the above definition shall apply: for the Military Personnel and the Operation and Maintenance accounts, the 

term ‘‘program, project, and activity’’ is defined as the appropriations accounts contained in the Department of Defense Appropriations Act. 


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At the time the President submits his budget for fiscal year 

2008, the conferees direct the Department of Defense to transmit 

to the congressional defense committees budget justification documents to be known as the ‘‘M–1’’ and ‘‘O–1’’ which shall identify, 

at the budget activity, activity group, and subactivity group level, 

the amounts requested by the President to be appropriated to the 

Department of Defense for military personnel and operation and 

maintenance in any budget request, or amended budget request, 

for fiscal year 2008. 

CLASSIFIED ANNEX

Adjustments to classified programs are addressed in the classified annex accompanying this report. 


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RESERVE COMPONENT’S BUDGET STRUCTURE CHANGE

The conferees agree to extend last year’s test of a consolidated 

budget structure for the Reserve Component’s military personnel 

accounts through fiscal year 2007. In order to provide visibility of 

the movement of funds within the accounts, the conferees direct 

each of the Reserve Components to provide a quarterly report to 

the congressional defense committees and the Government Accountability Office (GAO) showing transfers between line items 

within the military personnel appropriations. The report format 

will provide separate explanations for all transfers in and out of 

each appropriation line item that equal, exceed, or cumulate to 

$5,000,000. Reports will provide a beginning and ending total by 

line item and will be due 30 days following the end of each quarter. 

Reserve Component fiscal year 2008 budget requests for military 

personnel will be submitted using the two budget activity structure. 

ARMY NATIONAL GUARD COMBAT BRIGADES

The conferees are concerned about the Department of Defense’s 

proposal to reduce 7 Army combat brigades from the level assumed 

under previous plans. Most of the change would occur in the Army 

National Guard’s force structure plans; the Guard would field 28 

combat brigades instead of 34 proposed previously. The conferees’ review of this proposal indicates that the National Guard will have 

difficulty meeting its force generation and state security requirements with only 28 combat brigades. As the Department of the 

Army continues its examination of combat brigade requirements, 

the conferees strongly urge that this examination be conducted 

with the full participation and cooperation of both active and 

Guard officials at all levels. Moreover, the conferees will closely follow this issue over the coming months and will seek to ensure that 

sufficient funding is provided to field the number of Guard combat 

brigades necessary to meet its force generation and state security 

requirements. As such, the conferees provide additional funding 

(described in other sections of this report) to fully fund the Army 

National Guard authorized end strength level of 350,000 and to 

purchase additional equipment. 


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TRAVEL EXPENDITURES

The conferees wish to ensure that the Department of Defense 

is making every effort to come into compliance with the Improper 

Payments Act regarding travel expenditures. The conferees note 

that the Department has invested significant resources in the Defense Travel System (DTS), which should enable the Department 

to reduce improper travel payments and accurately report improper 

payments when they occur. The conferees are concerned that the 

Department currently reports improper payments on only a portion 

of its unclassified budget. The conferees therefore direct the Government Accountability Office to assess the reasons why the Department is not fully in compliance with the Improper Payments 

Act and make recommendations for measures the Department can 

put in place to comply with the Act. The report should be provided 

to the congressional defense committees no later than May 31, 

2007. 


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ADJUSTMENTS TO BUDGET ACTIVITIES

Adjustments to the budget activities are as follows: 

Budget Activity 1: Operating Forces 

250 Lightweight Maintenance Enclosure ................................... 1,350 

250 Arctic Tent ............................................................................. 1,100 

250 Modular General Purpose Tent System (MGPTS)—Type 

III ................................................................................................. 1,100 

250 Modular Command Post System ......................................... 1,650 

400 EAC Support Forces Unjustified Growth ............................ ¥23,000 

550 Fort Hood Training Lands Restoration and Maintenance 

Project .......................................................................................... 1,100 

550 Small Arms Range Modernization at Camp Edwards, 

MMR through Bullet Catcher .................................................... 1,000 

550 Water Purification and Distribution Operating Systems .. 3,250 

550 Madigan Army Medical Center Trauma Readiness ........... 1,625 

550 Battlefield Mobility Enhancement System ......................... 2,700 

550 Cognitive Air Defense Simulators (CADS) ......................... 1,000 

550 Combat Vehicle Crewman Advanced Combat Helmet ....... 3,250 

550 Generator Engine Replacement ........................................... 1,000 

550 Insulated Liners for Extended Cold Weather Clothing 

System, Generation III (ECWCS–GEN III) .............................. 2,700 

550 PARC/Multi-Brigade Training Requirements ..................... 10,600 

550 USARPAC Deployable C4 Package ..................................... 1,600 

550 USARPAC Core Warfighting Network Infrastructure 

Critical Requirement .................................................................. 7,000 

550 USARPAC C4 Modularity .................................................... 3,500 

550 Baseline Adjustment for One Time Increase ...................... ¥17,300 

550 Unjustified Growth for Unit Mission Communication 

Support ........................................................................................ ¥16,000 

600 Combat Development Core Unjustified Growth ................. ¥15,000 

600 Golden Hour Technology Containers ................................... 4,500 

600 Ground-forces Readiness for Advanced Tactical Vehicles 

(GREAT–V) .................................................................................. 1,950 

600 Information Assurance Vulnerability Alert (IAVA) Cell—

PM Logistics Information Systems ............................................ 1,350 

600 Tracking Reusable Assets for Contingency and Emergency Response ........................................................................... 3,600 

600 Alaska Land Mobile Radio (ALMR) (Moved to O&M, Air 

Force) ........................................................................................... —

600 ALCOM Communications Infrastructure Diversity and 

Survivability ................................................................................ 500 

650 UH–60 Leak Proof Transmission Drip Pans ...................... 1,100 

650 Depot Maintenance Peace Time Work Load Adjustment .. ¥330,000 

750 Multi-purpose Parade Field, Fort Benning (moved to 

O&M, Defense-Wide) .................................................................. —

750 Service-Wide Safety: Alcohol Breath Detectors .................. 2,500 

750 Connect and Join .................................................................. 1,000 

750 Bryant Army Airfield Clear Zone Waiver ........................... 3,000 

750 FGA Fire Suppression System ............................................. 1,200 

750 Army Conservation & Ecosystem Management ................. 3,000 

750 Fort Knox Godman Airfield Improvements for Air Surveillance Radar (moved from Other Procurement, Army) ....... 2,150 

750 Base Support Increase .......................................................... 50,900 

950 WMD–CST Team for Florida ............................................... 1,000 

950 WMD–CST Team for New York .......................................... 700 

Budget Activity 2: Mobilization 

1200 Quadruple Specialty Containers ........................................ 2,700 

1200 Baseline Adjustment for One Time Increase .................... ¥3,000 

Budget Activity 3: Training and Recruiting 

1650 Early Commissioning Program at Military Junior Colleges ............................................................................................. 3,050 

1650 Air Battle Captain .............................................................. 1,300 

1650 Baseline Adjustment for One Time Increase .................... ¥2,000 

1850 DLIFLC Global Studies Program ...................................... 1,000 

1850 Operational Technical Training Validation Testbed ........ 1,950 


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1850 Military Surgeon Training Initiative for Special Operations Combat Medic Training Program ................................... 1,000 

1850 Special Operations Training and Exercises ...................... 1,000 

1850 Military Police Training at the Multi-Jurisdictional 

Counter-Drug Task Force Training (MCTFT) .......................... 2,000 

1850 Virtual Interactive Training and Assessment System 

(VITAS) ........................................................................................ 1,440 

1850 SUS of Florida Critical Language Instruction for Military Personnel, Education, Training, Distance Learning and 

Laboratories Project .................................................................... 1,200 

1850 DLI—Language Laboratory Acquisition ........................... 1,850 

1850 Baseline Adjustment for One Time Increase .................... ¥14,800 

1950 Leadership for Leaders at CGSC/CAL and KSU ............. 1,000 

2000 Live Training Instrumentation for Air Missile Defense 

Units ............................................................................................ 1,350 

2000 Army Distributed Learning System .................................. 1,000 

2000 Baseline Adjustment for One Time Increase .................... ¥6,100 

2300 USARAK Online Technology Training Project ................. 1,000 

2300 Baseline Adjustment for One Time Increase .................... ¥3,400 

2350 Affordability Adjustment for New Initiative .................... ¥6,500 

2400 Spirit of America Youth Conference for Junior ROTC 

Cadets .......................................................................................... 360 

Budget Activity 4: Administration and Service-Wide Activities 

2650 Advanced Persistent Surveillance Sensors (UGS) ........... 1,000 

2650 Citadel Base Security ......................................................... 500 

2650 Classified Adjustment ......................................................... 18,750 

2650 Baseline Adjustment for One Time Increase .................... ¥2,100 

2800 Army Battery Management Program Utilizing Pulse 

Technology ................................................................................... 2,600 

2800 Unjustified Transfer Adjustment ....................................... ¥15,500 

2800 Baseline Adjustment for One Time Increase .................... ¥4,200 

2850 Sense and Respond Logistics Capability ........................... 2,000 

2850 Decision Support for Predictive Logistics ......................... 2,000 

2850 Army Software License Clearinghouse Program 

(ASLCP) ....................................................................................... 1,000 

2850 TACOM Life Cycle Management Command Integrated 

Digital Environment Pilot Program .......................................... 1,300 

2850 Joint Army/USMC Autonomic and Focused Logistics Integration/Modeling Support ....................................................... 1,000 

2850 Theater Enterprise Wide Logistics System (TEWLS) ...... 1,000 

2850 Common Logistics Operating Environment (CLOE); 

Condition-Based Maintenance (CBM+) ..................................... 3,250 

2850 Corrosion Prevention and Control Program ..................... 1,800 

2850 Baseline Adjustment for One Time Increase .................... ¥13,500 

3050 Future Business System ..................................................... ¥4,900 

3050 General Fund Enterprise Business System ...................... ¥27,600 

3100 National Security Personnel System Delayed Implementation ............................................................................................ ¥3,000 

3200 Combat Readiness Center Unjustified Growth ................ ¥10,000 

3200 Public Affairs Unjustified Growth ..................................... ¥8,400 

3200 Memorial Day ...................................................................... 1,400 

3200 Army Center for Military History to Support a Traveling Exhibit on Military Experience in World War II (from 

Senate Sec. 8121) ........................................................................ 500 

Undistributed: 

3730 Repairs at Ft. Baker ........................................................... 2,000 

4100 Administration and Servicewide Activities ....................... ¥50,000 

4139 Unobligated Balances ......................................................... ¥125,000 

4140 Peace Time Training Offset ............................................... ¥180,000 

SPECIAL OPERATIONS COMBAT MEDIC TRAINING PROGRAM

The conferees are concerned by a decision made by the United 

States Army Special Operations Command (USASOC) to abruptly 

terminate its partnership with one of three facilities participating 

in the Special Operations Combat Medic (SOCM) training program, 


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notwithstanding recent commendation for the facility’s continued 

support of the program. The conferees believe this decision may be 

unfounded and hastily made without substantive justification. Furthermore, it eliminates from the SOCM program the unique, individualized, hands-on training offered by this facility. The conferees 

believe this program has been critical to force protection and is 

vital to war-fighters currently engaged in hostile environments 

abroad. The conferees encourage USASOC to continue the Special 

Operations Medic Training Program at all three facilities, and to 

do so in a manner consistent with the previous two fiscal years, so 

as to continue providing our troops with capable and skilled Special 

Operations medics. 


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ADJUSTMENTS TO BUDGET ACTIVITIES

Adjustments to the budget activities are as follows: 

Budget Activity 1: Operating Forces 

4450 Flying Hour Reduction ....................................................... ¥22,000 

4560 Knowledge Management Decision Support System ......... 3,250 

4650 Navy Enterprise Resource Planning Unjustified Growth ¥5,000 

4650 Low Observability Coatings and Materials Maintenance 

Program ....................................................................................... 1,000 

4650 Naval Aviation Depot Support of the Fleet Response 

Plan .............................................................................................. 1,000 

4650 F/A–18 C/D Filament-wound External Fuel Tank Refurbishment Program ...................................................................... 1,000 

4650 CAT & RADCOM Test Program Sets ................................ 1,500 

4850 Restore Steaming Days to 51 days per quarter ................ 121,000 

4850 Man Overboard Safety System Installation and Maintenance ............................................................................................ 2,500 

4850 One Time Adjustment for Baseline Increase .................... ¥19,000 

4900 Intelligent Graphic Data Distribution Training (moved 

to Other Procurement, Navy) ..................................................... — 4900 Intelligent Graphic Interface for Submarines (moved to 

Other Procurement, Navy) ......................................................... — 5000 Ship Depot Maintenance Increase ..................................... 100,000 

5000 Excess Carryover Adjustment ............................................ ¥10,600 

5050 Improved Engineering Design Process .............................. 1,800 

5050 Surface Ship Operations Depot Support Affordability 

Adjustment .................................................................................. ¥30,000 

5450 Operational Meteorology and Oceanography .................... 4,100 

5450 Center of Excellence for Disaster Management and Humanitarian Assistance (COE) .................................................... 3,500 

5450 APRI ..................................................................................... 8,000 

5500 Joint POW/MIA Accounting Command ............................. 4,000 

5500 Manual Reverse Osmosis Desalinator ............................... 1,000 

5500 JFCOM Program Growth ................................................... ¥30,000 

5900 Peace Time System Support Offset ................................... ¥44,800 

5950 Mk 45 Mod 5 Gun Depot Overhauls ................................. 10,900 

6220 Growth in Base Operating Support ................................... ¥50,000 

6220 Navy Shore Infrastructure Transformation ...................... 2,300 

6220 Advanced Technology to Reduce Vulnerability of Military Installations (moved to RDT&E, Navy) ............................ —

6220 Service-Wide Safety: Alcohol Breath Detectors ................ 2,000 

6220 PMRF Flood Control ........................................................... 1,600 

Budget Activity 3: Training and Recruiting 

7000 Naval ROTC Aquatic Skills Facility ................................. 500 

7200 Joint Electronic Warfare Training .................................... 1,000 

7200 Virtual Interactive Training and Assessment System 

(VITAS) ........................................................................................ 1,000 

7300 Naval Postgraduate School Computer and Laboratory 

Upgrades ...................................................................................... 8,000 

7300 Naval Postgraduate School Center CDTEMS .................. 3,250 

7300 Mobile Distance Learning .................................................. 1,200 

7550 Naval Sea Cadet Corps Operational Funding .................. 300 

7550 Physical Security at Navy Recruiting Stations (from 

Senate Sec. 8158) ........................................................................ 1,000 

7600 Continuing Education Distance Learning continuation 

of fiscal year 2005 program ........................................................ 1,000 

7600 COMPASS ........................................................................... 300 

Budget Activity 4: Administration and Service-Wide Activities 

8000 FYDP Improvement Project Unjustified Growth ............. ¥9,500 

8000 Naval Force Composition Transformation Analysis Unjustified Growth .......................................................................... ¥3,000 

8000 Defense Small Business Technology and Readiness Resource (DSTARR) ........................................................................ 1,300 

8000 Growth in Administration .................................................. ¥17,500 

8250 Navy Marine Corps Intranet (NMCI) Unjustified 

Growth ......................................................................................... ¥40,000 

8250 Joint Information Technology Center (JITC) ................... 1,000 


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8500 RFID SMART Container .................................................... 1,000 

8550 Navy Ashore Vision for 2030 Unjustified Growth ............ ¥2,000 

8550 Growth in Relocation Studies ............................................ ¥5,000 

8600 The DON CIO Critical Infrastructure Protection Program ............................................................................................. 1,000 

8700 Diagnosis and Prognostication of Gas Turbine Problems 750 

8700 Systems Engineering Program Growth ............................. ¥5,000 

9000 Local Situational Assessment Segment, NAS Lemoore ... 1,000 

9000 NCIS Affordability Adjustment ......................................... ¥7,000 

Undistributed: 

9570 Civilian Pay Overstatement ............................................... ¥88,300 

9615 Unobligated Balances ......................................................... ¥67,300 

9620 Peace Time Training Offset ............................................... ¥215,000 

9660 National Security Personnel System Delayed Implementation ............................................................................................ ¥1,000 


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ADJUSTMENTS TO BUDGET ACTIVITIES

Adjustments to the budget activities are as follows: 

Budget Activity 1: Operating Forces 

10050 On-the-Move Individual Water Purification System ............... 1,650 

10050 Modular General Purpose Tent System (MGPTS)—Type III 1,650 

10050 Marine Corps Flame Resistant Contact Glove ......................... 1,500 

10050 Modular Military Steel Traction Combat Snowshoe ................ 1,000 

10050 Hardened Fluorescent Stringable Tent Lighting System ........ 3,000 

10050 Peace Time Training Offset ....................................................... ¥43,500 

10050 Baseline Adjustment for One Time Increase ............................ ¥30,300 

10050 Cold Weather Layering System (CWLS) ................................... 1,800 

10050 Command Post—Large Tactical Shelter ................................... 1,000 

10050 Individual Water Purifier System ............................................. 2,275 

10050 Marine Advanced Combat Garments ........................................ 2,600 

10050 Marine Corps Base Layer/Cold Weather Clothing & Equipment Program ....................................................................................... 1,000 

10050 Hemostatic Agent ........................................................................ 1,300 

10100 Ultra Lightweight Camouflage System (ULCANS) ................. 3,000 

10100 Corrosion Prevention and Control Program ............................. 1,800 

10100 Baseline Adjustment for One Time Increase ............................ ¥7,600 

10150 Depot Maintenance Peace Time Work Load Adjustment ........ ¥23,000 

10170 Maritime Prepositioning Force .................................................. 1,000 

10170 Advanced Vapor Corrosion Inhibitor Delivery System ............ 1,300 

10260 Airborne UXO Survey Technologies to Support Range Modernization at 29 Palms ......................................................................... 1,600 

10260 MAGTFTC Range Transformation Initiative ........................... 17,600 

10260 Communications Upgrade MBH ................................................ 3,200 

10260 Baseline Adjustment for One Time Increase ............................ ¥8,800 

Budget Activity 3: Training and Recruiting 

11300 ROTC Programs .......................................................................... 400 

Undistributed: 

12070 Unobligated Balances ................................................................. ¥3,000 


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ADJUSTMENTS TO BUDGET ACTIVITIES

Adjustments to the budget activities are as follows: 

Budget Activity 1: Operating Forces 

12600 MBU 20/P Oxygen Mask with Mask Light ..................... 1,750 

12600 Aircrew Life Support Equipment ..................................... 1,800 

12600 Self-Inflating, Open Cell Foam Quick Don Anti-Exposure Suit ...................................................................................... 4,800 

12600 Baseline Adjustment for One Time Increase .................. ¥43,800 

12600 Unjustified Growth ........................................................... ¥116,100 

12700 Cybersecurity Defend and Attack Exercises (CIAS initiative) .......................................................................................... 200 

12750 Joint Modular Ground Targets & Urban CAS Site ........ 100 

12750 Baseline Adjustment for One Time Increase .................. ¥17,700 

12755 ALCOM Communications Infrastructure Diversity and 

Survivability (AWOS) ................................................................. 1,000 

12775 Accelerated Insertion of Advanced Materials and Certification for Military Aircraft Structure Material Substitution and Repair ........................................................................ 1,100 

12775 Advanced Inspection Techniques and Analysis Methods 

for Multi-layer Structures and Widespread Fatigue Damage 

in Aging Military Aircraft .......................................................... 1,100 

12775 F–16 Avionics Intermediate Shop Depot Replacement .. 5,500 

12850 Civilian Payment Overstatement .................................... ¥100,000 

12850 Expert Organizational Development System (EXODUS) ............................................................................................. 1,600 

12850 Mission Critical Power System Reliability Surveys ....... 1,000 

12850 Eielson AFB Utilidor ........................................................ 8,000 

12850 Operational Upgrades—Bldg 9480 .................................. 10,000 

12850 EAFB Fighter Town Enhancements/Transition ............. 12,700 

12850 Electrical Distribution Upgrade at Hickam .................... 8,500 

12850 PACAF C–17 Beddown ..................................................... 65 

12850 Baseline Adjustment for One Time Increase .................. ¥7,800 

13050 Baseline Adjustment for One Time Increase .................. ¥1,700 

13100 Contaminant Air Processing System ............................... 1,000 

13100 Enhanced Situational Awareness and Analyses of 

Geospatial Enterprise Infrastructure ........................................ 1,600 

13100 Red Flag AK CW/STO Integration .................................. 9,600 

13100 Red Flag AK PARC Upgrades ......................................... 51,000 

13100 Alaska Land Mobile Radio (ALMR) (moved from O&M, 

Army) ........................................................................................... 6,000 

13100 Baseline Adjustment for One Time Increase .................. ¥11,500 

13150 PACAF and USAFE Geospatial Information and Services ................................................................................................ 500 

13550 National Security Space Institute—AFSPC ................... 1,650 

13600 Vandenberg AFB Missile Defense Static Display .......... 175 

Budget Activity 2: Mobilization 

13850 Baseline Adjustment for One Time Increase .................. ¥20,400 

14050 PACAF C–17 Beddown ..................................................... 2,000 

Budget Activity 3: Training 

14300 Center for Space & Defense Studies—United States 

Air Force Academy ...................................................................... 500 

14450 United States Air Force Academy, Static Display Rehabilitation and Lighting ............................................................... 800 

14650 USAF Undergraduate Combat System Officer Trainer 1,600 

14700 National Space Studies Center Study ............................. 1,000 

14700 Homeland Defense PhD Program—Naval Postgraduate 

School ........................................................................................... 1,900 

14750 Engineering Knowledge and Training Preservation 

System ......................................................................................... 1,000 

14750 AFIT Advanced Tech Intelligence Center (ATIC) for 

Workforce Development .............................................................. 1,950 

14750 Baseline Adjustment for One Time Increase .................. ¥2,850 

15100 Online Technology Training Program—Nellis Air Force 

Base .............................................................................................. 1,000 

15100 Online Technology Training Program—MacDill AFB ... 1,600 


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Budget Activity 4: Administration and Service-Wide Activities 

15350 Air Operations Combat Support ...................................... 3,000 

15350 Center for Parts Configuration Management (CPCM) .. 1,300 

15350 Manufacturing Technical Assistance and Production 

Program ....................................................................................... 1,000 

15350 Hickam AFB Alternative Fuel Vehicle Program ............ 2,700 

15350 Baseline Adjustment for One Time Increase .................. ¥10,150 

15400 Expand Rapid Retargeting Training and Services at 

WRALC ........................................................................................ 1,950 

15400 Engine Health Management Data Repository Center ... 2,200 

15400 Baseline Adjustment for One Time Increase .................. ¥2,400 

15950 Air Force Data Conversion (only for AFRPA BRAC 

support) ........................................................................................ 3,200 

15950 Air Force Financial Management (FM) Transformation 

Program ....................................................................................... 4,300 

15950 Baseline Adjustment for One Time Increase .................. ¥5,100 

16000 Demonstration Project for Contractors Employing Persons with Disabilities ................................................................. 2,000 

16000 Baseline Adjustment for One Time Increase .................. ¥2,750 

16050 Civil Air Patrol Corporation ............................................. 4,000 

16100 Air Force Enterprise Desktop Computer Information 

Assurance .................................................................................... 1,000 

16250 Classified Adjustment ....................................................... 1,150 

Undistributed: 

16630 Unobligated Balances ....................................................... ¥108,000 

16808 Peace Time Flying Hours Adjustment ............................ ¥400,000 

16870 National Security Personnel System Delayed Implementation ..................................................................................... ¥5,000 

16899 Excess O&M funding Based On Prior Year Execution ¥200,000 


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ADJUSTMENTS TO BUDGET ACTIVITIES

Adjustments to the budget activities are as follows: 

[In thousands of dollars] 

Budget Activity 1: Operating Forces 

17050 TJS—Program Growth ..................................................... ¥10,000 

17050 TJS—BA Realignment ...................................................... ¥303,923 

17050 TJS—Gamma Radiation Detection Systems (GaRDS) .. 7,600 

17100 SOCOM—Militarized ATV ............................................... 1,600 

17100 SOCOM—Warrior Wellness Pilot Program .................... 1,500 

17100 SOCOM—BA Realignment .............................................. ¥194,500 

17100 SOCOM—Civil Affairs and PSYOPS (Realignment to 

Army Reserve) ............................................................................. ¥27,521 

17100 SOCOM—Flight Operations for GWOT .......................... ¥25,960 

17100 SOCOM—Unjustified Growth in Management Headquarters ....................................................................................... ¥10,000 

Budget Activity 2: Mobilization 

17250 DLA—BA Realignment ..................................................... 50,497 

Budget Activity 3: Training and Recruiting 

17480 DHRA—BA Realignment ................................................. 33,089 

17610 NDU—Center for Excellence in Educational Technology (CEET) ............................................................................. 1,400 

17610 NDU—NSEP ..................................................................... ¥2,500 

17610 SOCOM—Realignment to Budget Activity 3 .................. 129,241 

Budget Activity 4: Admininstration and Service-Wide Activities 

17750 CMP—STARBASE Program ............................................ 2,000 

17750 CMP—NG Youth Challenge CPR Initiative ................... 1,000 

17750 CMP—NG Youth Challenge—CA .................................... 1,600 

17750 CMP—National Guard Youth Challenge Program ........ 12,000 

17750 CMP—IRT ......................................................................... 8,000 

17790 DBTA—DIMHRS—Transfer to RDDW, Line 101 .......... ¥30,000 

17790 DBTA—DIMHRS .............................................................. 1,650 

17815 DISA—Affordability Adjustment for Program Growth .... ¥30,000 

17830 DLA—Procurement Technical Assistance Program ....... 7,000 

17830 DLA—Commercial Technologies for Maintenance Activities .......................................................................................... 5,200 

17830 DLA—Meals Ready to Eat (MREs) War Reserve Stockpile ................................................................................................ 5,000 

17830 DLA—Defense Automatic Addressing System Center 

(DAASC) Transaction Monitoring Improvement Project ......... 1,000 

17830 DLA—BA Realignment ..................................................... ¥50,497 

17830 DLA—Center for Supply Chain Management ................ 8,000 

17880 DODEA—Public Service Advertising Campaign—FAP 1,000 

17880 DODEA—Institute for Exploration (IFE) ....................... 1,000 

17880 DODEA—SOAR Virtual School District ......................... 5,000 

17880 DODEA—Cyber Curriculum for the Education of Children of the Miltary ...................................................................... 1,000 

17880 DODEA—JASON Foundation .......................................... 1,000 

17880 DODEA—Lewis Center for Education Research ............ 3,200 

17880 DODEA—Mathematics and Technology Teachers Development .................................................................................... 1,000 

17880 DODEA—Parents as Teachers ........................................ 1,000 

17880 DODEA—Community-based Mental Health Assistance 

to Guard and Reserve (from Senate Section 8157) .................. 3,000 

17880 DODEA—Reach Out and Read Early Literacy Program 1,100 

17900 DHRA—BA Realignment .................................................... ¥33,089 

17900 DHRA—Defense Critical Languages and Cultures Program ............................................................................................. 1,000 

17900 DHRA—National Foreign Language Coordination 

Council ......................................................................................... 1,000 

17900 DHRA—Strategic Language Initiative ............................ 1,000 

18050 DSS—PSI for Industry ..................................................... 8,000 

18100 OEA—Citizen Soldier Support Program ......................... 5,000 

18100 OEA—Arnold Heights Redevelopment ............................ 1,000 

18100 OEA—Norton AFB—Infrastructure Improvements ....... 6,400 

18100 OEA—Norton AFB—High Ground Water/Liquefaction 

Mitgation and Economic Redevelopment .................................. 1,000 


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18100 OEA—George AFB—Infrastructure Improvements ....... 2,400 

18100 OEA—Davids Island—Fort Slocum Remediation .......... 9,000 

18100 OEA—Delaware Valley Continuing Education Initiative for National Guard and Reserves ....................................... 500 

18100 OEA—Hunters Point Naval Shipyard ............................. 4,800 

18100 OEA—Military Intelligence Service Historic Learning 

Center .......................................................................................... 1,000 

18100 OEA—Port of Philadelphia .............................................. 1,000 

18100 OEA—Thorium/Magnesium Excavation ......................... 1,000 

18100 OEA—Institutional and Infrastructure Development 

Assistance for HSIs ..................................................................... 2,300 

18100 OEA—Multi-purpose Parade Field, Fort Benning 

(transferred from OM,A) ............................................................ 5,000 

18100 OEA—Fort Wainwright/Eielson AFB Track Realignment ............................................................................................. 12,000 

18100 OEA—Northern Line Extension, AK RR ........................ 4,000 

18100 OEA—Intermodal Marine Facility—Port of Anchorage 10,000 

18100 OEA—Fort Belvoir Road Study (from Senate Section 

8149) ............................................................................................. 2,000 

18125 OSD—Military Voter Registration System ..................... 600 

18125 OSD—Critical Language Training: SDSU ...................... 1,000 

18125 OSD—Middle East Regional Security Issues Program .. 1,400 

18125 OSD—Minority Contract Enhancement Program .......... 1,700 

18125 OSD—Foreign Disclosure On-Line Training, Education, and Certification ............................................................. 1,000 

18125 OSD—Women’s Campaign International ........................ 1,500 

18125 OSD—Wind Demonstration Project ................................ 5,000 

18125 OSD—Virtual Reality-Based Military Training System 1,000 

18125 OSD—Military Critical Technologies Program—Transfer to RDDW, Line 122 ............................................................... ¥2,000 

18150 SOCOM—Service-Wide Safety: Alcohol Breath Detectors ............................................................................................... 500 

18150 SOCOM—Realignment to Budget Activity 4 .................. 65,259 

18200 TJS—BA Realignment ...................................................... 303,923 

18225 WHS—Program Growth ................................................... ¥20,000 

Undistributed: 

19010 Impact Aid ......................................................................... 30,000 

19015 Impact Aid for Children with Disabilities ...................... 5,000 

19020 Classified Programs .......................................................... ¥15,870 

19045 Unobligated Balances ....................................................... ¥108,000 

19080 Special Assistance to Local Education Agencies ............ 8,000 

19142 Armed Forces Medical and Food Research ..................... 1,430 

19147 Institute for National Security Analysis ......................... 1,000 

19165 Compatible Use Buffer Program ...................................... 20,000 

DEFENSE SECURITY SERVICE

The conference agreement provides $8,000,000 above the budget request for the Defense Security Service (DSS) to assist in the 

timely processing of industry Personnel Security Investigations. 

The conferees expect the Department of Defense to resolve the 

budgetary problems facing the DSS and to report to the congressional defense committees on plans to more accurately build future 

DSS budget submissions not later than 90 days after enactment of 

this Act. 

DEPLETED URANIUM SENSING AND TREATMENT FOR REMOVAL

PROGRAM

The conferees understand depleted uranium is critical for use 

in applications such as armor penetrators and armor plates, providing a substantial performance advantage over other materials. 

Depleted uranium, however, is a low-level radioactive heavy metal 

and concerns exist about potential health effects from its use in 


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fense efforts in developing methods for depleted uranium contamination removal and are aware of the Depleted Uranium Sensing 

and Treatment for Removal program. The conferees direct the Department to provide an assessment of the Depleted Uranium Sensing and Treatment for Removal program to the congressional defense committees no later than December 31, 2006, which addresses current research and development efforts, progress to date and 

merits of the program. 

THANKSUSA 

The ThanksUSA Program provides post-secondary scholarships 

for the spouses and dependents of active duty military personnel. 

The conferees believe this is a commendable model of public-private 

partnerships and fully support the educational and retention objectives of this program. The conferees encourage ThanksUSA to continue to develop sources of private and matching funding for this 

worthwhile cause to ensure future scholarship availability for these 

deserving military family members. 

OIL REFINERIES

When making public contract announcements regarding the refining of fuel by U.S. companies, the U.S. Department of Defense 

should not provide the name of the country for which the fuel is 

being refined or the location of the facility that will refine the fuel. 

PERSONNEL IDENTIFICATION AND AUTHENTICATION

The conferees recognize the criticality of controlling access to 

our military installations. It is imperative for force protection and 

the security of our facilities that only those individuals with legitimate need and proper identification should gain access to installations. The conferees are aware of various initiatives across the Department of Defense to employ systems that provide for authentication of identification credentials at installation gates. Such systems 

have been developed by both the private sector and DoD components. In order to ensure that the Department takes a coherent approach that delivers best value solutions for this important force 

protection role, the conferees expect DoD and the services to develop a comprehensive set of requirements to use as the basis for 

full and open competition. 


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AIR DEFENSE MISSION

The conferees support having the 144th Fighter Wing of the 

Air National Guard perform the air defense mission over the southwestern sector of the United States and the Air Defense Main Operating Base located in Fresno, California. The conferees understand that this is the only dedicated air defense fighter wing in the 

southwest and that the Air Force has no replacement aircraft 

scheduled for the 144th Fighter Wing after fiscal year 2012. The 

conferees direct the Secretary of the Air Force to submit a report 

to the congressional defense committees outlining a plan for an air 

defense mission that continues this capability for the 144th Fighter 

Wing using the Air Defense Main Operating Base in Fresno beyond 

fiscal year 2012. 

UNITED STATES COURT OF APPEALS FOR THE ARMED 

FORCES 

The conference agreement provides $11,721,000 for the United 

States Court of Appeals for the Armed Forces. 

OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID 

The conference agreement provides $63,204,000 for Overseas 

Humanitarian, Disaster, and Civic Aid. 

FORMER SOVIET UNION THREAT REDUCTION ACCOUNT 

The conference agreement provides $372,128,000 for the 

Former Soviet Union Threat Reduction Account. 


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SPECIAL INTEREST ITEMS

Items for which additional funds have been provided as shown 

in the project level tables or in paragraphs using the phrase ‘‘only 

for’’ or ‘‘only to’’ in this report are congressional interest items for 

the purpose of the Base for Reprogramming (DD 1414). Each of 

these items must be carried on the DD Form 1414 at the stated 

amount, specifically addressed in the conference report. These 

items remain special interest items whether or not they are repeated in a subsequent conference report. 

REPROGRAMMING GUIDANCE FOR ACQUISITION ACCOUNTS

The conferees direct the Department of Defense to continue to 

follow the reprogramming guidance specified in the report accompanying the House version of the fiscal year 2006 Department of 

Defense Appropriations bill (H.R. 109–119). Specifically, the dollar threshold for reprogramming funds will remain at $20,000,000 for 

procurement, and $10,000,000 for research, development, test and 

evaluation. The Department shall continue to follow the limitation 

that prior approval reprogrammings are set at either the specified 

dollar threshold or 20% of the procurement or research, development, test and evaluation line, whichever is less. These thresholds 

are cumulative. Therefore, if the combined value of transfers into 

or out of a procurement (P–1) or research, development, test and 

evaluation (R–1) line exceeds the identified threshold, the Department of Defense must submit a prior approval reprogramming to 

the congressional defense committees. In addition, guidelines on 

the application of prior approval reprogramming procedures for 

congressional special interest items are established elsewhere in 

this report. 

REPROGRAMMING REPORTING REQUIREMENTS

The conferees direct the Under Secretary of the Department of 

Defense, Comptroller, to continue to provide the congressional defense committees quarterly, spreadsheet-based DD1416 reports for 

service and defense-wide accounts in titles III and IV of this Act 

as required in the statement of the managers accompanying the 

Conference report on the Department of Defense Appropriations 

Act, 2006. 

FUNDING INCREASES

The conferees direct that the funding increases outlined in 

these tables shall be provided only for the specific purposes indicated in the table. 

NATIONAL GUARD PROCUREMENT

The conferees agree that there is a substantial shortfall in 

equipment stocks for the National Guard, and that this shortfall is 

detrimental to Guard units being able to meet their dual-role mission of supplementing active duty forces overseas as well as responding to emergencies at home. The conferees are concerned that 

equipment budgeted annually for the National Guard could be diverted to other budget areas and nonReserve units, and therefore 


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direct the Department of Defense to submit to the congressional defense committees not later than nine months after the enactment 

of this Act, a report on how the Department has obligated funds 

and provided the equipment designated for the National Guard in 

the budget submission and accompanying justification materials. 


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CONTAINER ROLL IN—ROLL OUT PLATFORM (M3 CROP) 

The conferees strongly urge the Secretary of the Army to allocate sufficient funding from amounts available under this heading 

to ensure the continuation of the program to procure the Container 

Roll In—Roll Out Platform (M3 CROP) in order to expedite 

logistical support to the warfighter. 


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MK–46/MK–54 MODS

The conferees agree to provide $85,905,000 for MK–46/MK–54 

Mods. This is a reduction of $15,000,000 below the budget request 

due to fluctuating procurement quantities. The conferees understand that this funding will be sufficient to procure 160 MK–54 torpedo kits. The conferees are concerned about the inconsistent annual procurement quantities for this important program over the 

current Future Years Defense Plan. The conferees encourage the 

Navy to review this over the coming year and consider a more consistent annual rate, to provide manufacturing stability and lower 

unit costs. 


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DDG–1000 PROGRAM

The conferees agree to provide $2,568,111,000 for the DDG–

1000 (formerly DDX) Destroyer Program, and agree to delete language proposed by the House requiring full funding of a single lead 

ship. The effect of the conference agreement would allow the Navy 

to split fund twin lead ships of the DDG–1000 class, if authorized 

in separate legislation by the Congress. This action is being taken 

based upon the expectation that the total cost of these two ships 

is well understood and low risk. The conferees are willing to make 

this one-time exception to the full funding principle because of the 

unique situation with the shipbuilding industrial base and with the 

DDG–1000 program. The conferees will not entertain future requests to fund ships other than under the full funding principle, 

except for those historically funded in this manner (aircraft carriers 

and some large deck amphibious ships). 

The unusual procurement of twin lead ships raises the risk 

that future design changes or production problems will impact two 

ships under construction simultaneously. This could raise costs significantly compared to other lead ship programs. However, the 

Navy believes the cost and schedule risk in the DDG–1000 program 

is low enough to permit the twin lead ship acquisition strategy. 

The Navy has identified the total cost to procure the twin lead 

ships of the DDG–1000 class as $6,582,200,000. The conferees insist that the Navy manage this program within that total cost, and 

will be unlikely to increase funding through a reprogramming or an 

additional budget request except in the case of emergency, natural 

disaster, or other impact arising from outside the Navy’s shipbuilding program. 

SHIP INSULATION

The conferees understand that the insulation material currently under consideration for use in future ships has not been 

fully evaluated for safety. The conferees believe that any new materials should be at least as safe as those materials currently in use 

and recommend that insulating materials that do not meet the 

weight, smoke generation, toxicity and other safety criteria should 

not be used in ship construction. 

COMPLETION OF PRIOR YEAR SHIPBUILDING PROGRAMS

The conference agreement provides $512,849,000 for the completion of prior year shipbuilding programs. The reduction of 

$65,000,000 from the budget estimate shall be allocated as shown 

below: 

Program Budget estimate Conference 

agreement Reduction 

CVN–77 ..................................................................................... $348,400,000 $318,400,000 ¥$30,000,000 

LPD–20 ...................................................................................... 65,049,000 60,049,000 ¥5,000,000 

LPD–23 ...................................................................................... 22,400,000 17,400,000 ¥5,000,000 

SSN–775 ................................................................................... 25,000,000 20,000,000 ¥5,000,000 

SSN–777 ................................................................................... 48,000,000 28,000,000 ¥20,000,000 


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WEAPONS RANGE SUPPORT EQUIPMENT

The reduction of $1,665,000 in this program element deletes 

funding for the East Coast Undersea Warfare Training Range 

(USWTR). The House had proposed no funding for this project. 

None of the reduction is to be allocated against the Southern California ASW Range (SOAR) or the Barking Sands Underwater 

Range Expansion (BSURE) projects. In addition, the conferees direct that no fiscal year 2007 or prior year funding be obligated for 

the East Coast USWTR project except for activities directly associated with the National Environmental Policy Act (NEPA) process. 

The conferees further direct the Navy to clearly identify funding for 

the East Coast USWTR in future budget submissions. 


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JOINT STRIKE FIGHTER

The conference agreement provides $480,000,000 in Aircraft 

Procurement, Air Force, for the procurement of 2 conventional 

take-off and landing (CTOL) variant F–35 Joint Strike Fighters in 

fiscal year 2007. In addition, $94,000,000 is provided for advance 

procurement of 6 CTOL variants in fiscal year 2008. The conference agreement also provides $125,000,000 in Aircraft Procurement, Navy, for advance procurement of 6 short take-off and 

vertical landing (STOVL) variants. Combined, these quantities will 

allow F–35 production to continue to ramp up, but at a more modest rate and with less program risk than the program requested by 

the Department. 

F–22A RAPTOR PROCUREMENT

The conference agreement includes authority for a multiyear 

procurement of 60 F–22A aircraft, beginning with 20 fully funded 

aircraft in fiscal year 2007. The conferees anticipate that the Department will budget for two subsequent lots of 20 aircraft in fiscal 

years 2008 and 2009. To enable this strategy, $210,000,000 of additional funds provided by both the House and the Senate were realigned from the F–22A budget line to the F–22A Advance Procurement line to provide the required funds for economic order quantity 

items, bringing the total budget for Advance Procurement to 

$687,404,000. The conferees expect that the Department of the Air 

Force will continue to seek improved efficiencies in this program. 

F–15 ADVANCED ELECTRONICALLY SCANNED ARRAY (AESA) RADARS

The conference agreement provides $72,000,000 to procure and 

install Advanced Electronically Scanned Array (AESA) radars only 

for the Air National Guard F–15C fleet. The Department of Defense is strongly encouraged to develop a plan for keeping the F–

15 inventory updated with current technologies for its expected active service life. 


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MINUTEMAN III PROPULSION REPLACEMENT PROGRAM

The conference agreement provides $651,257,000 for Minuteman III modifications, including modifications to replace the missile propulsion system. The conferees disagree with proposals to 

terminate the program after fiscal year 2007 and expect that the 

Department of Defense will budget for the remaining requirements 

identified in the fiscal year 2007 budget justifications in the fiscal 

year 2008 budget submission. 

GLOBAL POSITIONING SYSTEM (GPS) 

The budget request includes $97,182,000 in missile procurement with an additional $43,259,000 in advance procurement for 

GPS vehicles 16 through 18. The conferees note that the GPS IIF 

program has been troubled by cost growth and significant delays, 

and the Department of Defense has chosen not to pursue vehicles 

13 through 18. Consequently, the conferees recommend 

$85,882,000 in missile procurement and no funding in advance procurement, a reduction of $11,300,000 and $43,259,000 respectively. 

The conferees share the Department’s concerns regarding the 

short-term risk associated with the current constellation, and also 

the long-term risk of gaps in capability, especially as the country 

moves toward a transition to the GPS III system. The conferees 

note that, in general, on-orbit models of GPS are living longer than 

expected. Accordingly, the conferees believe that through proper 

constellation planning and management, and launching based on 

constellation need rather than on payload delivery, the Department 

can strike the right balance between short and long-term risks 

with the goal of maximizing constellation coverage. Therefore, the 

conferees encourage the Department to use this strategy in order 

to minimize risk and maximize coverage as it endeavors to maintain the current constellation, complete the development and fielding of the GPS IIF satellites, and transition to the new GPS III satellites. 

EVOLVED EXPENDABLE LAUNCH VEHICLE (EELV) 

The budget request includes $936,490,000 for EELV. The conferees recommend $856,490,000, a reduction of $80,000,000, and intend to monitor the balance between risk and return for costs and 

activities associated with launch preparation and capability. The 

conferees believe the Air Force should challenge the national 

launch government and industry team to develop and implement a 

strategy to eliminate unnecessary practices and excessive costs 

while protecting the viability of the program. 

Additionally, the conferees maintain interest in execution of 

the acquisition strategy for the Buy–3 contract. The conferees direct the Department of the Air Force to adopt acquisition practices 

for space launch relative to the EELV program that will maximize 

economic efficiencies through fiscal year 2010. Further, the conferees support open competition for launch services from qualified 

bidders. Therefore, the conferees direct the Department to create, 

adopt, and promote a set of criteria by which new entrants might 

more readily qualify for the EELV program, including opportunities 


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to compete for demonstration launches, which will facilitate competition and promote assured access. 


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NATIONAL GUARD AND RESERVE EQUIPMENT

The conferees agree that National Guard and Reserve forces 

are integral to our efforts in Iraq and Afghanistan and play a critical role in our Nation’s response to national disasters. The conferees are aware that the equipment needs of our Reserve Component forces far exceed the amounts provided in the budget request 

and agree to provide an additional $290,000,000 for miscellaneous 

equipment for ‘‘National Guard and Reserve Equipment’’ as identified above. 

ITEMS OF SPECIAL INTEREST

The conferees agree that the National Guard and Reserve 

equipment program shall be executed by the heads of the Guard 

and Reserve components with priority consideration for miscellaneous equipment appropriations given to the following items as 

identified in Senate Report 109–292: Mobile Approach Control System, Virtual Warrior Interactive Program, Block 42 F–16 Upgrades, Flex Train Combat Training, Battlefield Mobility 

Enhancers [MGators], M777A1 Lightweight 155mm Howitzers, 

Joint Threat Emitters, Line Haul Trucks, Thunder Radar Pod, Virtual Door Gunners, and Communications Equipment. 

DEFENSE PRODUCTION ACT PURCHASES

The conferees agree to provide $63,184,000 for Defense Production Act Purchases instead of $39,384,000 as proposed by the 

House and $68,884,000 as proposed by the Senate. 

The conference agreement on items addressed by either the 

House or the Senate is as follows: 


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SPECIAL INTEREST ITEMS

Items for which additional funds have been provided as shown 

in the project level tables or in paragraphs using the phrase ‘‘only 

for’’ or ‘‘only to’’ in this report are congressional interest items for 

the purpose of the Base for Reprogramming (DD 1414). Each of 

these items must be carried on the DD Form 1414 at the stated 

amount, specifically addressed in the conference report. These 

items remain special interest items whether or not they are repeated in a subsequent conference report. 

REPROGRAMMING GUIDANCE FOR ACQUISITION ACCOUNTS

The conferees direct the Department of Defense to continue to 

follow the reprogramming guidance specified in the report accompanying the House version of the fiscal year 2006 Department of 

Defense Appropriations bill (H.R. 109–119). Specifically, the dollar threshold for reprogramming funds will remain at $20,000,000 for 

procurement, and $10,000,000 for research, development, test and 

evaluation. The Department shall continue to follow the limitation 

that prior approval reprogrammings are set at either the specified 

dollar threshold or 20% of the procurement or research, development, test and evaluation line, whichever is less. These thresholds 

are cumulative. Therefore, if the combined value of transfers into 

or out of a procurement (P–1) or research, development, test and 

evaluation (R–1) line exceeds the identified threshold, the Department of Defense must submit a prior approval reprogramming to 

the congressional defense committees. In addition, guidelines on 

the application of prior approval reprogramming procedures for 

congressional special interest items are established elsewhere in 

this report. 

FUNDING INCREASES

The conferees direct that the funding increases outlined in 

these tables shall be provided only for the specific purposes indicated in the table. 

JOINT TACTICAL RADIO SYSTEM (JTRS) 

In July 2006, the Department of Defense established a new 

management arrangement for the JTRS program. As a result, the 

Department of the Navy is now the lead component for JTRS development. In support of this new arrangement, the conferees agree 

to transfer JTRS research and development funding from the ‘‘Research, Development, Test and Evaluation, Army’’ account to the 

‘‘Research, Development, Test and Evaluation, Navy’’ account. The 

conferees note the JTRS Joint Program Executive Office remains in 

control of JTRS development funding and must approve any obligation or transfer of execution year funds for radio development associated with any of the JTRS program elements. 

PROMPT GLOBAL STRIKE

The budget request includes $127,000,000 to demonstrate the 

feasibility of using existing TRIDENT II (D–5) missiles with conventional payloads to provide a prompt global strike capability. The 


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conferees believe that fundamental issues about the requirement 

for and use of this weapon must be addressed prior to determining 

the efficacy of this program. Therefore, the conferees are providing 

$5,000,000 in Research, Development, Test and Evaluation, Defense-Wide for a study to be conducted by the National Academy 

of Sciences to analyze the mission requirement and, where appropriate, consider and recommend alternatives that meet the prompt 

global strike mission in the near term (1–2 years), the mid-term 

(3–5 years), and the long term. The study should include analyses 

of the military, political and international issues associated with 

each alternative. The study should consider technology options for 

achieving desired objectives as well as mitigating policy concerns. 

The study is due to the congressional defense committees by March 

15, 2007. In addition, the conferees are providing $20,000,000 in 

Research, Development, Test and Evaluation, Navy for developmental efforts under the Conventional Trident Modification program. These funds should be used to focus on those developmental 

items which are common to all the global strike alternatives until 

the completion of the study and a determination has been made on 

the best course of action in this matter. 

JOINT STRIKE FIGHTER ALTERNATE ENGINE DEVELOPMENT AND

COST ANALYSIS

The conferees recommend an additional $170,000,000 in Research, Development, Test and Evaluation, Air Force and 

$170,000,000 in Research, Development, Test and Evaluation, 

Navy for continuing development of the F–136 engine for the Joint 

Strike Fighter program. The conferees direct the Under Secretary 

of Defense for Acquisition, Technology and Logistics to sponsor a 

comprehensive independent cost analysis of the Joint Strike Fighter engine program. The conferees strongly encourage the analysis 

be conducted by the Institute for Defense Analyses (IDA). This 

analysis shall include but not be limited to: (1) a comparison of 

costs associated with the development of the F–135 and F–136 engines; (2) an evaluation of potential savings achieved by eliminating or continuing the development and production of an alternate engine over the program’s life cycle; and (3) the potential effects on the industrial base of eliminating or continuing the development and production of an alternate engine over the program’s 

life cycle. This analysis shall be transmitted to the congressional 

defense committees not later than March 15, 2007. 

The conferees in no way intend for this analysis to be an excuse for the Department of Defense not to fully fund the development of both the F–135 and the F–136 engines in fiscal year 2008. 

All evidence suggests that the development of two alternate engines will lead to cost savings through competition, increased capabilities for the warfighter, and a strengthened industrial base. Accordingly, the conferees direct the Department of Defense to fund 

the continued development of both the engines in the fiscal year 

2008 budget submission while this cost analysis is ongoing. 


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DEPARTMENT OF DEFENSE BIOMETRICS PROGRAMS

The conferees reaffirm the authority of the Secretary of the 

Army as Executive Agent for all biometrics within the Department 

of Defense under Public Law 106–246, and encourage the Department of Defense to designate a Principal Staff Assistant to define 

policy, architecture, and interagency cooperation. The conferees 

look forward to receiving the final report of the Defense Science 

Board study on biometrics and receiving the associated recommendations of the Secretary of Defense by January 15, 2007. 

ALTERNATIVE FUELS

At the behest of Congress, the Air Force initiated research into 

developing alternatives to jet fuels in current use. That research 

has paid dividends. A recent report from the Air Force indicates 

that substituting standard jet fuels (such as JP–4 and JP–8) with 

coal-based synthetic fuels and natural gas derivatives could result 

in savings of up to two-thirds of the cost of a gallon of JP–8. Moreover, the Air Force research shows that these alternative fuels 

burn cleaner than standard jet fuels, a result that portends savings 

from lower maintenance and engine replacement costs. In light of 

these findings, the Navy reports that it plans to initiate a pilot program to develop alternative fuels. Given the high costs of fuel and 

maintenance, the conferees are encouraged by these reports and believe that the military services should continue to pursue alternative fuels research and development. As such, the conferees encourage the Department to provide sufficient funding in its fiscal 

year 2008 and future budget requests to continue these important 

research programs. 

SPECIALTY STEEL INDUSTRIAL BASE

The Department of Defense’s demand for iron-based alloy aviation specialty steels has dramatically increased as a result of continuing deployments to the overseas theaters of operation. Today, 

there is only one domestic supplier for a unique process which utilizes vacuum inducted melt/vacuum arc re-melt, the process which 

gives aviation grade steels their required properties. These specialty steels are critical to building high technology U.S. military 

weapon systems. Further, there has been a related and dramatic 

increase in the raw material needed to make these specialty steels. 

Lead times for these raw materials have grown from 3 months to 

1 year. According to the Army, the overall effect on lead times for 

spare part deliverables has swelled in some cases to greater than 

24 months. As such, the conferees encourage the Department of 

Defense to partner with domestic industry to develop a greater capacity to meet the delivery requirements for aviation parts to the 

military within an acceptable time frame. The conferees suggest 

that the Department explore a 50/50 cost share project between the 

Federal government, private industry, and/or state governments as 

the best means to create this capacity as rapidly as possible. 


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MEDICAL COUNTERMEASURES AGAINST ACUTE RADIATION

SYNDROME AND SIMILAR THREATS

The conferees recognize that acute radiation syndrome and 

other forms of radiation sickness could potentially afflict forward 

deployed members of the military, and that currently there are no 

effective means of treating individuals exposed to radiation or a nuclear attack. Therefore, the conferees direct the Secretary of Defense to submit to the congressional defense committees a report 

that outlines a plan for procuring medical countermeasures that 

will treat forward deployed service members against the lethal effects of acute radiation syndrome, to include neutropenia and 

thrombocytopenia. This report will also identify the countermeasures required to protect service members in the event of a nuclear or bioterrorist attack, a plan to forward deploy those countermeasures, and an assessment of costs associated with implementing this plan. This report should be provided no later than 

March 15, 2007. 

STRYKER UPGRADES

The conferees are pleased with the performance of the Stryker 

armored vehicle in Iraq and encourage the Army to pursue new 

technologies and capabilities for the Stryker to improve the capabilities of the vehicle on the battlefield. The conferees encourage 

the Army to pursue these technology upgrades including an integrated power management system, increased improvised explosive 

device and mine blast protection, improved situational awareness, 

new brakes and suspension, and the addition of the XM307 gun, 

Javelin missile and target detection capabilities. 


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MICROMANUFACTURING PROCESSES

The conferees are aware of the growing need for microdevices 

and improved micromanufacturing processes to meet Defense requirements for smart micromachines. Streamlined micromanufacturing processes will enhance the Department’s development and 

use of embedded biochemical sensors and miniature safe-and-arm 

devices. The Department is encouraged to work with universities 

with demonstrated expertise in novel micromanufacturing processes and equipment. 

CORROSION PROTECTION

The Navy spends significant amounts of its fleet maintenance 

budget on corrosion protection. The conferees are aware of important research performed by the Center for Photochemical Sciences 

that develops corrosion resistant marine paint using photo-cure 

technology. These new photo-cure technologies can increase corrosion protection while reducing environmentally harmful emissions. 

This technology may provide unique advantages over current materials. The conferees encourage the Office of Naval Research to consider continued funding for this important research project. 


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TANKER REPLACEMENT DEVELOPMENT PROGRAM

The conference agreement provides $70,000,000 for development of the KC–135 tanker replacement, as opposed to 

$203,932,000 as proposed by the House. The Senate provided no 

funding for this purpose. The amount provided in the conference 

agreement was identified in writing by the Department of Defense 

as the level needed to meet all fiscal year 2007 requirements. 

B–52 STAND-OFF JAMMER

The conferees note that the Air Force has terminated the B–

52 Stand-off Jammer program for airborne electronic attack and 

agree to rescind fiscal year 2006 funds appropriated for this purpose in a General Provision. However, there remains a future requirement for a persistent stand-off jamming platform, despite the 

longer than originally anticipated service life of the Navy’s rewinged EA–6B fleet. The conferees expect that the Air Force will 

reevaluate the future persistent stand-off jammer requirement in 

fiscal year 2007 and encourage the Department to submit a reprogramming request should the Air Force determine that the B–

52 is the proper platform to conduct this mission. 

A–10 SQUADRONS

The budget request includes $64,000,000 for continued development of a propulsion upgrade program for the A–10 aircraft. However, since the budget submission, this program has been terminated by the Air Force. The House provided $16,771,000 for A–10 

Squadrons, a reduction of $64,000,000, due to the cancellation of 

the program. The Senate included $31,971,000, a reduction of 

$48,800,000. The conferees agree to provide the Senate amount and 

expect that the remaining $15,200,000 identified for the cancelled 

propulsion upgrade program will be dedicated to the shortfall in 

the A–10 precision engagement development program. 

HYBRID FUEL CELL POWER SYSTEMS

The conferees encourage continued development and testing of 

hybrid fuel cell power systems for SATCOM systems by the Air 

Force’s Research Lab—Information Directorate in Rome, New York. 

The conferees encourage the Air Force to continue this important 

research as it pertains to current and future Air Force missions. 

J–STARS COMMUNICATION, NAVIGATION, SURVEILLANCE AND AIR

TRAFFIC MANAGEMENT (CNS/ATM) 

A significant investment of over $50,000,000 to date has been 

made to accomplish the Communication, Navigation, Surveillance 

and Air Traffic Management (CNS/ATM) modification on the E–8C 

fleet. The fiscal year 2007 budget request includes $20,000,000 for 

this effort. The program is on budget, on schedule, and is meeting 

its program goals. The conferees believe CNS/ATM modification is 

crucial to the long term sustainment of the E–8C Joint STARS 

Weapon System to support current and future military operations 

and therefore provide an additional $3,600,000 for this effort. The 


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conferees expect the Air Force to complete development activities 

and initiate a timely retrofit of the E–8C fleet. 

COMBAT IDENTIFICATION

Multiple incidents in current and past conflicts and exercises 

have repeatedly demonstrated that positive hostile identification is 

crucial to using the full military capabilities and enabling joint 

interoperability of our technologically advanced weapon systems, 

such as the F–22, F/A–18, and MEADS. Furthermore, fratricide 

and strict combat Rules of Engagement can limit and restrict their 

combat employment, thereby losing U.S. technological advantage 

and putting our forces at risk. Since combat identification is only 

as good as the target signature databases, securing the continued 

development and sustainment of these databases and coordinating 

their joint applications must be a priority. Due to the critical nature of this joint military requirement and since databases continue to receive low priority, the conferees encourage the following: 

(1) Joint Theater and Missile Defense Organization and Joint 

Forces Command should coordinate and integrate combat ID signature database requirements, applications, and interoperability, in 

coordination with the National Signatures Program (NSP); (2) the 

Department of Defense should include funding for combat ID database development, support, and sustainment through the Future 

Years Defense Program; and (3) Aeronautical Systems Center 

(ASC) should be designated the Department of Defense executing 

agent for the long-term development, application, support, and 

sustainment of these databases and associated technologies and 

tools. Funding for these database efforts should be joint, with the 

respective services funding their specific production and support requirements. 

TRANSFORMATIONAL SATELLITE COMMUNICATIONS SYSTEM (TSAT) 

The conferees agree to provide $737,102,000 for the TSAT program, $130,000,000 below the budget request. This amount provides sufficient resources to support continued competition with 

two industry teams and to support continued development of the 

program’s ground segment. Further, the conferees direct the Air 

Force to provide a quarterly program performance report on the 

program that: (1) includes Earned Value Management System information and a narrative summary that addresses technical milestones, program cost, schedule, performance, and any corrective action required for departure from the plan for the previous quarter, 

and (2) includes the program plan for the next quarter. 

OPERATIONALLY RESPONSIVE SPACE

The conferees provide the budget request of $35,625,000 for 

Operationally Responsive Space, of which $19,524,000 is for the Affordable Responsive Space-lift (ARES) program, $16,000,000 is for 

the FALCON small launch vehicle program, and the remaining 

amount for the TACSAT program. The conferees are pleased that 

the Air Force initiated a program element for Operationally Responsive Space and strongly support the concept. 


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The conferees note that, among projects planned by the Air 

Force and the National Reconnaissance Office over the next few 

years, several missions will require small launch vehicles of similar 

capability. Therefore, the conferees encourage these organizations 

to consider opportunities to partner and use their combined purchasing power to leverage capability and cost through procuring 

small launch vehicles for future space missions. 

The conferees support the concept of a reusable launch vehicle, 

but question the pursuit of the ARES program as it exists. Further, 

the conferees note the lack of a comprehensive strategy for space 

launch. Therefore, the conferees direct no funds appropriated in 

this bill may be used for the ARES program. Of the $19,524,000 

budgeted for ARES, the conferees direct that $7,500,000 be used for 

the purposes described in the classified annex and the remaining 

$12,024,000 be used to complete the purchase of multiple small 

launch vehicles. Should any funds appropriated to this program 

element for the above specific purposes become available for any 

reason, the conferees urge the Air Force to supplement the funds 

provided for the purchase of multiple small launch vehicles. 

COMBATANT COMMANDERS’ INTEGRATED COMMAND AND CONTROL

SYSTEM (CCIC2S) 

The budget requests $50,908,000 for the CCIC2S. CCIC2S was 

planned to provide combatant commanders a command and control 

system for Integrated Tactical Warning and Attack Assessment 

(ITW/AA) that would incorporate air, missile defense, and space 

components. The conferees understand the Air Force Space Command and United States Strategic Command plan to remove the 

space mission from Cheyenne Mountain Operations Center 

(CMOC) and therefore from CCIC2S. However, the conferees believe that in order to accomplish the ITW/AA mission effectively a 

closer relationship should exist between the missile defense mission at CMOC and activity at the Joint National Integration Center. 

As a result, the conferees recommend $43,500,000, a reduction 

of $7,408,000, in research and development funding for the CCIC2S 

program. These funds are provided to complete the missile defense 

activity and re-start work on the Single Integrated Space Picture 

(SISP) as a part of the aforementioned plan. The conferees note the 

growing importance for the SISP as a national capability to provide 

situational awareness of space and support improvements in that 

mission area. No funds have been provided for the other space-related items as requested due to pending changes in Air Force Space 

Command. A similar reduction is made to ‘‘Other Procurement, Air 

Force’’ for the same purposes. 


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CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM

The conference agreement provides an increase of $25,000,000 

for the Chemical and Biological Defense Initiative. The Secretary 

of Defense is directed to allocate these funds among the programs 

that yield the greatest gain in our chem-bio defensive posture. The 

conferees further direct that such funds may not be obligated until 

15 days after a report, including a description of projects to be 

funded, is provided to the congressional defense committees. 

MDA—SPACE TRACKING AND SURVEILLANCE SYSTEM (STSS) 

The budget request includes $390,585,000 for STSS, including 

$97,000,000 for the Block 2012 space system. The conference agreement includes $323,585,000, a reduction of $67,000,000 for Block 

2012. The conferees note that two demonstration satellites will be 

launched in fiscal year 2007 and that exploitation of data from 

these satellites will allow the Missile Defense Agency to develop 

sensor requirements and a concept of operations that will drive the 

Block 2012 space system. As a result, the conferees believe it is 

premature to award a full Block 2012 space system acquisition contract and direct the Missile Defense Agency to use the appropriated 

STSS Block 2012 funds to initiate a contract to: (1) pursue sensor 

technology development and risk reduction; (2) complete the definition of the Block 2012 system through analysis and trades; and, (3) 

develop corresponding system requirements leveraging the demonstration satellites. 

MDA—AVOIDANCE OF CONGRESSIONAL REDUCTIONS

The conferees remain concerned that the Missile Defense Agency is moving funds between various elements and programs and/or 

moving contract scope across elements and programs in order to 

avoid reductions made by the congressional defense committees. 

This practice is unacceptable and MDA is directed to use prior approval reprogramming procedures specified in the report accompanying the House version of the fiscal year 2007 Department of 

Defense Appropriations bill (H.R. 109–504) for any movement of 

funds or contract scope beyond the $10,000,000 threshold in research, development, test and evaluation. The MDA shall follow 

the limitation that prior approval reprogramming is set at either 

the specified dollar threshold or 20% of the line, whichever is less. 

The conferees agree that: Ballistic Missile Defense—AEGIS, PE 

0603892C; Ballistic Missile Defense Terminal Defense Segment, PE 

0603881C; Ballistic Missile Defense Midcourse Defense Segment, 

PE 0603882C; and Multiple Kill Vehic1e, PE 0603894C are designated as congressional special interest items subject to prior approval reprogramming procedures. 

MDA—OTHER TRANSACTION AUTHORITY (OTA) 

The conferees are concerned with the continued use of OTA 

contracts by the Missile Defense Agency. These OTA contracts lack 

the customary safeguards found under FAR-based contracts for organizational conflict of interest, truth in negotiations and submission of cost and pricing data. The conferees strongly encourage the 


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Missile Defense Agency to convert large development and procurement contracts using OTA to FAR- based contracts. Accordingly, 

the conferees direct the Missile Defense Agency to submit a report 

on the use of Other Transaction Authority contracts by the Missile 

Defense Agency. This report should include the number, value, and 

justification for the use of Other Transaction Authority. The report 

should be delivered to the congressional defense committees 90 

days after the enactment of this Act. 

MILTECH EXTENSION PROGRAM

The conferees support the ‘‘MilTech Extension’’ program and 

encourage the Department of Defense to fund this program in the 

fiscal year 2008 budget request. MilTech has been highly successful 

at helping to transition technologies from innovative small companies to Department of Defense operational use. 

MDA—AEGIS IMPROVEMENTS

The conferees have provided $65,000,000 for AEGIS Improvements. Of that amount $15,000,000 is available for the Sea-Based 

Terminal Capability, and $50,000,000 is available for development 

and procurement of SM–3 Interceptors. 

The conferees are aware that there is an additional requirement of $20,000,000 in fiscal year 2007 for Sea-Based Terminal Defense, and direct the Missile Defense Agency to submit a prior approval reprogramming to fully fund this requirement. 

AIRBORNE LASER (ABL) 

The conferees are encouraged by the recent technical progress 

that the Airborne Laser (ABL) program has made over the last two 

years with the accomplishment of the firing of the high energy 

laser and the flight testing of the associated beam control/fire control system. The conferees also note that these technical challenges 

were accomplished while the program stayed within the government determined schedule and budget. 

As the acknowledged Primary Boost Phase Defense, the conferees are concerned by the recent decision of the Missile Defense 

Agency (MDA) to slip the planning for the development of an operational ABL by two years later than proposed in the fiscal year 

2006 budget submittal. The conferees believe that if the ABL succeeds in the next two years of testing and accomplishes its main 

test objectives leading towards a lethal shoot down demonstration 

in late 2008, MDA should move the program into development of 

an operational ABL configuration at the earliest date. 

Therefore, the conferees encourage MDA to re-evaluate funding 

in the Future Years Defense Plan to ensure that funding levels for 

ABL are consistent with its status as the Primary Boost Phase Defense. Further, the conferees recommend MDA develop a plan that 

would allow for the development of an advanced ABL configuration 

in the shortest time after a successful lethal shoot down demonstration. This plan should be delivered to the congressional defense committees 90 days after the enactment of this Act. 


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DEFENSE INTEGRATED MILITARY HUMAN RESOURCES SYSTEM

(DIMHRS) 

The conferees direct the Secretary of Defense and the currently 

participating individual services to maintain DIMHRS application 

development and implementation and DIMHRS performance development and emergent requirement efforts at the Space and Naval 

Warfare (SPAWAR) Systems Center (SSC) in New Orleans. 

DEFENSE ADVANCED RESEARCH PROJECTS AGENCY (DARPA) 

The conferees provide $3,135,303,000 for DARPA, a reduction of $159,045,000 from the request. The conferees direct the Director 

of DARPA to submit to the congressional defense committees no 

later than sixty days after enactment of this Act a report in writing 

that details by program the application of undistributed reductions 

made in this Act. 

The conferees commend DARPA for its responsiveness and assistance in delineating its sizeable programmatic and budgetary information. However, given the magnitude of DARPA’s budget and 

the significant quantity of programs managed by DARPA, the conferees believe that future budget justification materials should provide more individual programmatic detail, to include budget information, programmatic achievements and goals by fiscal year, as 

well as transition plans. 


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DEFENSE WORKING CAPITAL FUNDS 

The conference agreement provides $1,345,998,000, as proposed by both the House and the Senate, for the Defense Working 

Capital Funds. 

NATIONAL DEFENSE SEALIFT FUND 

The conference agreement provides a total of $1,071,932,000 

for the National Defense Sealift Fund as proposed by the House instead of $616,932,000 as proposed by the Senate. The conference 

agreement restores the reduction of $455,000,000 for the T–AKE 

cargo/ammunition ship program proposed by the Senate. 

PENTAGON RESERVATION MAINTENANCE REVOLVING 

FUND 

The conference agreement provides $18,500,000, as proposed 

by both the House and the Senate, for the Pentagon Reservation 

Maintenance Revolving Fund. 


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DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

DEFENSE 

The conference agreement provides $977,632,000 for ‘‘Drug 

Interdiction and Counter-Drug Activities, Defense’’ instead of 

$936,990,000 as proposed by the House and $978,212,000 as proposed by the Senate. Adjustments to the budget request are as follows: 


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OFFICE OF THE INSPECTOR GENERAL 

The conferees have agreed to provide a total amount of 

$216,297,000 for the Office of the Inspector General. Of this 

amount, $214,897,000 shall be for operation and maintenance, and 

$1,400,000 shall be for procurement. 


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CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 

DISABILITY SYSTEM FUND 

The conference agreement provides $256,400,000 for payment 

to the Central Intelligence Agency Retirement and Disability System Fund, as proposed by both the House and the Senate. 

INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT 

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $621,611,000 for the Intel- ligence Community Management Account, instead of $597,111,000 

as proposed by the House and $597,011,000 as proposed by the 

Senate. 

The conference agreement provides for a transfer of $39,000,000 to the Department of Justice for the National Drug Intelligence Center to support the Department of Defense’s counterdrug intelligence responsibilities, the same amount as proposed by 

the House. 

IRAQ NATIONAL INTELLIGENCE ESTIMATE

The conferees did not include bill language requiring the Office 

of the Director of National Intelligence (ODNI) to provide a National Intelligence Estimate (NIE) for Iraq. The conferees understand that the ODNI is currently drafting such a document. The 

conferees urge the ODNI in creating the NIE to follow the parameters set out in the Senate bill in Title VII, under the heading ‘‘Intelligence Community Management Account.’’

TITLE VIII—GENERAL PROVISIONS 

The conference agreement incorporated general provisions of 

the House and Senate versions of the bill which were not amended. 

Those general provisions that were amended in conference follow: 

The conferees include a general provision (Section 8005) as 

proposed by the House and the Senate concerning transfer authority. The conferees also include language that requires a prior approval reprogramming before obligating funds pursuant to section 

1206 of Public Law 109–163. 

The conferees include a general provision (Section 8008) which 

amends language, as proposed by the House and the Senate, concerning multi-year procurement authority. The conference agreement provides multi-year procurement authority for C–17 

Globemaster; F–22A; MH–60R Helicopters; MH–60R Helicopter 

mission equipment; and V–22 Osprey. 

The conferees include a general provision (Section 8023) which 

amends language, as proposed by the House and Senate, with respect to Federally Funded Research and Development Centers. 

Section 8024 in title VIII of this Act prohibits the use of government funds to purchase armor steel plate that was not melted 

and rolled in the United States or Canada. The conferees are concerned that the Department of Defense may alter or weaken the intent of Congress through changes to the implementing instructions. 

The conferees direct the Department to discuss any proposed 

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gressional approval before altering the current interpretation of 

this prohibition. 

The conferees include a general provision (Section 8039) which 

amends language, as proposed by the House and Senate, to make 

funds available under ‘‘Operation and Maintenance, Defense-Wide’’

for the Office of Economic Adjustment to make grants. 

The conferees include a general provision (Section 8040) which 

amends language, as proposed by the House and Senate, recommending rescissions. The rescissions agreed to are: 

(RESCISSIONS)

2005 Appropriations: 

Shipbuilding and Conversion, Navy: CVN–21/PUAF .................. $11,245,000 

Aircraft Procurement, Air Force: F–15E Procurement ................ 108,000,000 

2006 Appropriations: 

Other Procurement, Army: 

Warfighter Information Network WIN–T ............................. 100,200,000 

Modifications of In-Service Equipment ................................. 20,000,000 

Aircraft Procurement, Navy: 

MH–60S (MYP) ........................................................................ 36,000,000 

KC–130J AP (CY) .................................................................... 11,500,000 

C–130 Series ............................................................................ 29,200,000 

Aircraft Procurement, Air Force: 

F–22A Advance Procurement ................................................. 77,000,000 

F–15E Procurement ................................................................ 64,100,000 

Missile Procurement, Air Force: 

EELV ........................................................................................ 100,000,000 

GPS (AP) .................................................................................. 42,000,000 

Research, Development, Test and Evaluation, Army: Aerial 

Common Sensor .......................................................................... 21,600,000 

Research, Development, Test and Evaluation, Navy: 

Materials, Electronics and Computer Technology ................ 1,400,000 

Mine Development .................................................................. 8,700,000 

Aerial Common Sensor ........................................................... 25,698,000 

Research, Development, Test and Evaluation, Air Force: B–52 

Standoff Jammer ......................................................................... 92,800,000 

Research, Development, Test and Evaluation, Defense-Wide: 

DARPA ..................................................................................... 100,000,000 

Joint Robotics Program—EMD, Gladiator Teleoperated 

Unmanned Vehic1e .............................................................. 2,500,000 

Classified Program—C3I ........................................................ 7,200,000 

Classified Programs ................................................................ 11,000,000 

The conferees include a general provision (Section 8077) which 

amends language, as proposed by the House and Senate, to reduce 

funds available in Operation and Maintenance accounts by 

$158,100,000 for excessive growth in other contracted services. 

The conferees include a general provision (Section 8079) which 

amends language, as proposed by the House and Senate, concerning the Arrow missile defense program. The conference agreement provides a total of $137,894,000 for the Arrow program of 

which $53,000,000 is earmarked for missile component co-production, and $20,400,000 is earmarked only for the Short Range Ballistic Missile Defense initiative. 

The conferees include a general provision (Section 8080) which 

amends language, as proposed by the House and Senate, to provide 

transfer authority for specified shipbuilding programs. The agreement provides total transfer authority of $512,849,000 instead of 

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posed by the Senate. The agreement also distributes funds to specified shipbuilding programs. 

The conferees include a general provision (Section 8088) which 

amends language, as proposed by the House, to provide 

$11,100,000 for grants to various organizations. 

The conferees include a general provision (Section 8096) which 

amends language, as proposed by the House and Senate to provide 

special transfer authority for Navy shipbuilding programs. The 

agreement accepts provisions contained in the House bill, but accepts the Senate proposal regarding the availability of transferred 

funds. The agreement specifies that transferred funds are available 

for the time period of the original appropriation and are not extended by the transfer. 

The conferees include a general provision (Section 8102) which 

amends language, as proposed by the Senate, to provide funds for 

the operations and development of training and technology for 

warfighting and first responder training at the Joint Interagency 

Training Center-East. 

The conferees include a general provision (Section 8103) which 

amends language, as proposed by the Senate, to extend the authority of a Defense Advanced Research Project Agency program 

through September 30, 2008. 

The conferees include a general provision (Section 8106) which 

amends language, as proposed by the House and Senate, to reduce 

funds available in this Act to reflect savings from revised economic 

assumptions. 

The conferees include a general provision (Section 8110) which 

amends language, as proposed by the Senate, which requires the 

Secretary of the Air Force to submit a cost-benefit analysis of research and development activities. 

The conferees include a general provision (Section 8111) which 

amends language, as proposed by the House, to prohibit the use of 

funds provided in this Act to waive or modify regulations concerning the National Security Personnel System. 

The conferees include a general provision (Section 8112) that 

clarifies the definition of ‘‘this Act’’. 


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REPORTING REQUIREMENTS

The conferees direct the Secretary of Defense to provide a report to the congressional defense committees within 30 days of enactment of this legislation on the allocation of the funds within the 

accounts listed in this title. The Secretary shall submit updated reports 30 days after the end of each fiscal quarter until funds listed 

in this title are no longer available for obligation. The conferees direct that these reports shall include: a detailed accounting of obligations and expenditures of appropriations provided in this title by 

program and subactivity group for the continuation of the war in 

Iraq and Afghanistan; and a listing of equipment procured using 

funds provided in this title. 

The conferees expect that in order to meet unanticipated requirements, the Department of Defense may need to transfer funds 

within these appropriation accounts for purposes other than those 

specified in this report. The conferees direct the Department of Defense to follow normal prior approval reprogramming procedures 

should it be necessary to transfer funding between different appropriations accounts in this title. 

RESET

The high operating tempo resulting from training and subsequent deployment to Iraq and Afghanistan, combined with severe 

environmental conditions, results in an equipment wear out factor 

that is several times the peace time rate. Combat losses add to the 

overall deterioration in the readiness rating of entire categories of 

equipment ranging from night vision devices to communications 

equipment to combat and support vehicles. While units deploying 

to combat theaters and in the combat theaters are fully equipped 

with the most capable equipment, units at home station are often 

faced with equipment shortages or unready equipment. These 

shortages limit the capacity of units to conduct readiness training, 

and in the case of the National Guard, may limit the capacity of 

units to perform state emergency missions. Units returning from 

deployment go through the reset process in which equipment is repaired and battle losses are replaced in order to return the unit to 

full readiness posture. 

The conferees are concerned that the reset effort has not kept 

up with the requirements generated by the ongoing Global War on 

Terror, especially in the Army and Marine Corps for which nearly 

continuous ground combat operations have been especially hard on 

equipment. The conferees understand that the necessary capacity 

is available at industry and government facilities to repair or replace the worn out equipment. The House and Senate each included funds for reset in their version of the Defense Appropriations Act for fiscal year 2007. The conferees have worked closely 

with the Army and Marine Corps to examine reset funding requirements and the services’ capacity to execute those funds and accomplish the reset mission as quickly as possible to ensure military 

readiness. Within title IX, the conferees have provided $17.1 billion 

for additional fiscal year 2007 reset funding for the Army and $5.8 

billion for the Marine Corps, amounts identified by these services 

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ferees recommend this substantial funding increase in order to ensure the readiness of the armed forces. The conferees note that this 

critical funding has been provided without a formal request from 

the administration and urge the Department of Defense to include 

funding in future budget requests to address reset requirements 

and ensure that readiness goals are achieved. 


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HOME STATION READINESS TRAINING, LOGISTICS, AND RESET

In this title the conferees recommend $44,260,734,000 in the 

operation and maintenance accounts. In addition to substantial 

funding required to support continuing combat and security operations in Afghanistan and Iraq, the conferees understand that significant amounts are required in support of a range of home station 

activities, including unit mobilizations, specialized pre-deployment 

training, transportation, reset, and post-deployment training. The 

funding provided in this title, particularly the substantial funding 

for repair of equipment, will ensure recovery to established readiness standards for full spectrum combat operations around the 

world. To the extent that training, maintenance and reset activities 

displace normal peacetime training events, the amounts provided 

in home station operation and maintenance lines in title II of this 

conference report have been reduced. The Department of Defense 

should allocate title IX operation and maintenance funding accordingly to ensure full support for pre-deployment and post-deployment operations, as well as for continuing combat and security operations in support of the Global War on Terror. 

AFGHANISTAN AND IRAQ SECURITY FORCES FUNDS

The conferees provide $1,500,000,000 for the Afghanistan Secu- rity Forces Fund and $1,700,000,000 for the Iraq Security Forces 

Fund. These funds will continue the training of indigenous security 

forces and provide equipment and infrastructure essential to developing capable security forces in Afghanistan and Iraq. The conferees direct the Department to continue to provide comprehensive 

financial plans for the security forces funds as directed in the 

Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109– 234). The conferees further expect that up to $2,000,000 of the 

funds provided for the Afghanistan Security Forces Fund be available for infrastructure improvements for the Afghanistan military 

legal system, as proposed by the Senate. 

COMMANDER’S EMERGENCY RESPONSE PROGRAM

The conferees recommend $500,000,000 to continue the Commander’s Emergency Response Program (CERP). The conferees direct the Department to submit quarterly reports on CERP not later 

than 15 days after the end of each fiscal quarter to the congressional defense committees. The quarterly reports should include detailed information on the source of funds for the program, the allocation and use of funds during that quarter, the recipient of the 

funds, and the specific purposes for which the funds were used. 


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C–17 PROCUREMENT

The conference agreement provides an additional 

$2,094,000,000 for 10 C–17 aircraft in title IX to support airlift requirements in the Global War on Terror. The Air Force is encouraged to rapidly procure these additional aircraft in the most efficient method possible. Reprogramming of these funds for uses 

other than procurement of C–l7s, and ancillary equipment, is expressly prohibited without prior approval of Congress. 

The conferees are concerned that the Department of Defense 

study establishing the strategic airlift requirement may be flawed 

and may seriously understate the need for C–17 aircraft. The Government Accountability Office has raised questions about the study 

and has suggested that Congress exercise caution in using that 

study to make investment decisions. The conferees direct the Department of Defense to continue funding C–l7 production in the fiscal year 2008 budget. 

NATIONAL GUARD AND RESERVE EQUIPMENT

The Senate included a general provision which provided that $2,440,000,000 of the procurement funds in title IX shall be available for the National Guard and the Army Reserve for National 

Guard and Reserve equipment. The House provided $500,000,000 

in National Guard and Reserve Equipment for the Army National 

Guard to continue an effort begun in fiscal year 2006 to meet the 

‘‘Essential 10 Equipment Requirements for the Global War on Terror’’ as identified by the National Guard Bureau. The conferees di- rect that $2,940,000,000 of the procurement funds provided in title 

IX shall be available only for the Army National Guard and the 

Army Reserve, and that $500,000,000 of those funds shall be available for the purposes identified in House Report 109–504 under the 

heading ‘‘National Guard and Reserve Equipment’’. The conferees 

further direct the Chief of the National Guard Bureau to submit 

a report specifying the items to be procured with this funding and 

a fielding plan for this equipment not later than 60 days after the 

enactment of this Act. 


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OTHER DEPARTMENT OF DEFENSE PROGRAMS 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

The conferees are concerned with the increased level of poppy 

production in Afghanistan. Since fiscal year 2004, Congress has 

provided the Department of Defense nearly $500,000,000 to curtail 

poppy production and train and equip the Afghanistan special narcotics police units and border agents. The conferees have included 

an additional $100,000,000 to continue to expedite this effort in fiscal year 2007. The conferees direct the Department of Defense to 

provide the congressional defense committees with a detailed execution plan on the use of these funds. The Department may not obligate any of these funds until the committees have received this 

report. Further, these funds may not be used for the construction 

or modification of facilities. In addition, the Department is directed 

to provide to the Appropriations Committees an interagency report 

on the Administration’s plan to address drug production, drug 

smuggling, and narco-terrorism financing in the Central Asian region no later than March 1, 2007. 

GENERAL PROVISIONS—THIS TITLE 

The conferees include a general provision (Section 9001) as 

proposed by the House and the Senate, which provides that appropriations made in this title are available for obligation until September 30, 2007, unless otherwise so provided in this title. 

The conferees include a general provision (Section 9002) as 

proposed by the House and the Senate, which provides that funds 

made available in this title are in addition to amounts provided 

elsewhere in this Act. 

The conferees include a general provision (Section 9003) which 

amends language, as proposed by the House and the Senate, which 

provides that the Secretary of Defense is permitted to transfer up 

to $3,000,000,000 of funds made available in this title subject to 

certain conditions and reporting requirements. 

The conferees include a general provision (Section 9004) as 

proposed by the House and the Senate, which provides that funds 

appropriated in title IX of this Act for intelligence activities are 

deemed to be authorized for purposes of section 504 of the National 

Security Act of 1947. 

The conferees include a general provision (Section 9005) as 

proposed by the House and the Senate, which prohibits the use of 

funds provided in title IX to finance programs or activities denied 

by Congress, or to initiate a new start program without prior notification to the congressional defense committees. 

The conferees delete language as proposed by the House, which 

provided funds for support to the military and security forces of 

Iraq and Afghanistan. These matters are addressed in the relevant 

appropriations accounts. 

The conferees include a general provision (Section 9006) as 

proposed by the House and the Senate, which provides up to 

$500,000,000 from funds available in this title for the Commander’s 

Emergency Response Program, and requires quarterly reports regarding the use of these funds. 


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The conferees include a general provision (Section 9007) as 

proposed by the Senate, which provides that funds available in this 

title may be used by the Department of Defense to purchase armored vehicles for force protection, and requires quarterly reports. 

The conferees include a general provision (Section 9008) as 

proposed by the House and Senate, which provides that funds 

available to the Department of Defense for operation and maintenance may be used to provide supplies, services and transportation 

to coalition forces in Afghanistan and Iraq. 

The conferees include a general provision (Section 9009) as 

proposed by the House and Senate, which provides that for construction projects in Iraq and Afghanistan funded with operation 

and maintenance funds, supervisory and administrative costs may 

be obligated when the contract is awarded. 

The conferees include a general provision (Section 9010) as 

proposed by the House and Senate, which requires the Secretary 

of Defense to provide quarterly reports to Congress on a comprehensive set of indicators and measures for progress toward military and political stability in Iraq. The conferees urge the Secretary 

to also address procedures and guidelines to protect U.S. military 

and civilian personnel in Iraq in the event of increased sectarian 

violence. 

The conferees include a general provision (Section 9011) as 

proposed by the House, which contains a technical correction to 

clarify the designation of certain funds. 

The conferees include a general provision (Section 9012) as 

proposed by the House and Senate, which prohibits funds in this 

Act for establishing permanent U.S. military installations in Iraq 

or exercising U.S. control over oil resources in Iraq. 

The conferees include a general provision (Section 9013), which 

amends language, as proposed by the Senate, which designates 

amounts appropriated or otherwise made available in this title as 

making appropriations for contingency operations related to the 

global war on terrorism. The House included such designation in 

each appropriations account. 

The conferees delete language as proposed by the Senate, 

which provided additional funds for the Army and Marine Corps to 

fund equipment reset requirements resulting from continuing combat operations. The conferees addressed this matter in the appropriations accounts within this title. 

The conferees delete language as proposed by the Senate, 

which provided funds for a pilot program of the Army National 

Guard on the reintegration of the National Guard into civilian life 

after deployment. This matter is addressed in title II, under the account ‘‘Operation and Maintenance, Defense-Wide’’. 

The conferees delete language as proposed by the Senate, 

which provided funds for the procurement of hemostatic agents. 

This matter is addressed in the appropriations accounts within this 

title. 

The conferees delete language as proposed by the Senate, 

which provided funds for National Guard and Reserve equipment. 

This matter is addressed elsewhere within this title. 


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The conferees delete language as proposed by the Senate, 

which required a report regarding sectarian violence in Iraq. This 

matter is addressed elsewhere within this title. 

The conferees modify a general provision (Section 9014) as proposed by the Senate, to provide funds for the purpose of assisting 

peacekeeping forces in Darfur. 

The conferees delete language as proposed by the Senate, 

which provided funds for the procurement of Predators. This matter is addressed in this title under the account ‘‘Aircraft Procurement, Air Force’’. 

The conferees include a general provision (Section 9015), as 

proposed by the House, which prohibits the use of funds provided 

in this Act to be used in contravention of laws or regulations promulgated to implement the United Nations Convention Against 

Torture and Other Cruel, Inhuman or Degrading Treatment or 

Punishment. 

The conferees delete a general provision as proposed by the 

Senate, to provide $700,000,000 for ‘‘Drug Interdiction and 

Counter-Drug Activities, Defense’’, for counter-drug activities in Afghanistan. This matter is addressed in this title under the funding 

provided for this account. 

The conferees include a general provision (Section 9016) as 

proposed by the House and the Senate, which provides that 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 for performance that does not meet the requirements of 

the contract. 

The conferees include a general provision (Section 9017) as 

proposed by the Senate, which prohibits the use of funds to enter 

into an agreement with the Iraq government that would subject 

members of the Armed Forces to the jurisdiction of Iraq criminal 

courts or punishment under Iraq law. 

The conferees include a general provision (Section 9018) which 

amends language, as proposed by the Senate, which allows the Secretary of the Army to reimburse a servicemember for expenses incurred as a result of preparation for, or execution of, military orders, when such expenses are not reimbursable under law. 

TITLE X—FISCAL YEAR 2006 WILDLAND FIRE EMERGENCY 

APPROPRIATIONS 

Title X of the conference agreement provides $100,000,000 for 

the Department of the Interior and $100,000,000 for the Forest 

Service in emergency firefighting funds. These funds are critically 

needed for wildfire suppression activities and to repay other appropriations accounts from which funds were transferred on an emergency basis to pay for firefighting costs. Fiscal year 2006 has been 

the worst wildfire year in decades. The funds are related to unanticipated needs and are for situations that are sudden, urgent, and 

unforeseen, consistent with the Congressional budget resolution’s 

definition of emergency spending. 


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COMPLIANCE WITH HOUSE RESOLUTION 1000 

The conference agreement contains no appropriations as defined in House Resolution 1000 that were not otherwise addressed 

in the House or Senate bills or reports. 


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DIVISION B—CONTINUING RESOLUTION, 2007 

The conference agreement includes division B making continuing appropriations for fiscal year 2007 for those departments 

and agencies for which appropriations will not be enacted into law 

before October 1, 2006. 

BILL YOUNG, DAVE HOBSON, HENRY BONILLA, R.P. FRELINGHUYSEN, TODD TIAHRT, ROGER F. WICKER, 

JACK KINGSTON, 

KAY GRANGER, 

RAY LAHOOD, 

JERRY LEWIS, 

J.P. MURTHA, 

NORMAN D. DICKS, MARTIN OLAV SABO, 

PETER J. VISCLOSKY, 

JAMES P. MORAN, MARCY KAPTUR, DAVID OBEY, Managers on the Part of the House. 

TED STEVENS, 

THAD COCHRAN, 

ARLEN SPECTER, 

PETER V. DOMENICI, 

CHRISTOPHER BOND, 

MITCH MCCONNELL, 

RICHARD C. SHELBY, 

JUDD GREGG, 

KAY BAILEY HUTCHISON, 

CONRAD BURNS, 

DANIEL K. INOUYE, 

ROBERT C. BYRD, 

PATRICK LEAHY, 

TOM HARKIN, 

BYRON L. DORGAN, 

DICK DURBIN, 

HARRY REID, 

DIANNE FEINSTEIN, 

BARBARA A. MIKULSKI, 

Managers on the Part of the Senate. 

Æ 


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