PUBLIC LAW 109–289—SEPT. 29, 2006 120 STAT. 1257

Public Law 109–289

109th Congress

An Act

Making appropriations for the Department of Defense for the fiscal year ending

September 30, 2007, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

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

expenses of temporary duty travel between permanent duty stations, for members of the Army on active duty, (except members

of reserve components provided for elsewhere), cadets, and aviation

cadets; for members of the Reserve Officers’ Training Corps; and

for payments pursuant to section 156 of Public Law 97–377, as

amended (42 U.S.C. 402 note), and to the Department of Defense

Military Retirement Fund, $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.

Department of

Defense

Appropriations

Act, 2007.

Sept. 29, 2006

[H.R. 5631]

120 STAT. 1258 PUBLIC LAW 109–289—SEPT. 29, 2006

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 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

PUBLIC LAW 109–289—SEPT. 29, 2006 120 STAT. 1259

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.

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

120 STAT. 1260 PUBLIC LAW 109–289—SEPT. 29, 2006

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.

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

PUBLIC LAW 109–289—SEPT. 29, 2006 120 STAT. 1261

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;

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.

120 STAT. 1262 PUBLIC LAW 109–289—SEPT. 29, 2006

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.

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

PUBLIC LAW 109–289—SEPT. 29, 2006 120 STAT. 1263

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

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 contractor-owned equipment layaway; and other

120 STAT. 1264 PUBLIC LAW 109–289—SEPT. 29, 2006

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 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

PUBLIC LAW 109–289—SEPT. 29, 2006 120 STAT. 1265

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 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

120 STAT. 1266 PUBLIC LAW 109–289—SEPT. 29, 2006

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;

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.

PUBLIC LAW 109–289—SEPT. 29, 2006 120 STAT. 1267

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

ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and

spare parts therefor, not otherwise provided for; the purchase of

passenger motor vehicles for replacement only, and the purchase

of 2 vehicles required for physical security of personnel, notwithstanding price limitations applicable to passenger vehicles but not

to exceed $255,000 per vehicle; lease of passenger motor vehicles;

and expansion of public and private plants, Government-owned

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

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

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

Government and contractor-owned equipment layaway,

$15,493,486,000, 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

120 STAT. 1268 PUBLIC LAW 109–289—SEPT. 29, 2006

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

For expenses necessary for basic and applied scientific research,

development, test and evaluation, including maintenance,

rehabilitation, 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,

Deadline.

Assessment.

PUBLIC LAW 109–289—SEPT. 29, 2006 120 STAT. 1269

$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 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

120 STAT. 1270 PUBLIC LAW 109–289—SEPT. 29, 2006

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 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

PUBLIC LAW 109–289—SEPT. 29, 2006 120 STAT. 1271

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.

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,

Wages.

10 USC 1584

note.

120 STAT. 1272 PUBLIC LAW 109–289—SEPT. 29, 2006

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 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

Notification.

PUBLIC LAW 109–289—SEPT. 29, 2006 120 STAT. 1273

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 annual procurement: Provided

further, That none of the funds provided in this Act may be used

for a multiyear contract executed after the date of the enactment

of this Act unless in the case of any such contract—

(1) the Secretary of Defense has submitted to Congress

a budget request for full funding of units to be procured through

the contract and, in the case of a contract for procurement

of aircraft, that includes, for any aircraft unit to be procured

through the contract for which procurement funds are requested

in that budget request for production beyond advance procurement activities in the fiscal year covered by the budget, full

funding of procurement of such unit in that fiscal year;

(2) cancellation provisions in the contract do not include

consideration of recurring manufacturing costs of the contractor

associated with the production of unfunded units to be delivered

under the contract;

(3) the contract provides that payments to the contractor

under the contract shall not be made in advance of incurred

costs on funded units; and

Notification.

Deadline.

10 USC 2306b

note.

120 STAT. 1274 PUBLIC LAW 109–289—SEPT. 29, 2006

(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 Defense as well as all justification material and other documentation 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 fulltime 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.

PUBLIC LAW 109–289—SEPT. 29, 2006 120 STAT. 1275

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 subsection (a), (b), or (c) of section

2461 of title 10, United States Code, and notwithstanding any

administrative regulation, requirement, or policy to the contrary shall have full authority to enter into a contract for

the performance of any commercial or industrial type function

of the Department of Defense that—

(A) is included on the procurement list established

pursuant to section 2 of the Javits-Wagner-O’Day Act (41

U.S.C. 47);

(B) is planned to be converted to performance by a

qualified nonprofit agency for the blind or by a qualified

nonprofit agency for other severely handicapped individuals

in accordance with that Act; or

(C) is planned to be converted to performance by a

qualified firm under at least 51 percent ownership by an

Indian tribe, as defined in section 4(e) of the Indian 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.

120 STAT. 1276 PUBLIC LAW 109–289—SEPT. 29, 2006

(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 supplies are not available to meet Department of

Defense requirements on a timely basis, the Secretary of the service

responsible for the procurement may waive this restriction on a

case-by-case basis by certifying in writing to the Committees on

Appropriations that such an acquisition must be made in order

to acquire capability for national security purposes.

SEC. 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

PUBLIC LAW 109–289—SEPT. 29, 2006 120 STAT. 1277

(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.

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.

Kuwait.

15 USC 637 note.

120 STAT. 1278 PUBLIC LAW 109–289—SEPT. 29, 2006

(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 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

Reports.

PUBLIC LAW 109–289—SEPT. 29, 2006 120 STAT. 1279

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 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.

10 USC 374 note.

Reports.

Commerce and

trade.

41 USC 10b–2

note.

Certification.

10 USC 101 note.

120 STAT. 1280 PUBLIC LAW 109–289—SEPT. 29, 2006

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

maintenance 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

Budget.

Housing.

Native

Americans.

PUBLIC LAW 109–289—SEPT. 29, 2006 120 STAT. 1281

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 title III of the Act entitled ‘‘An Act making appropriations

for the Treasury and Post Office Departments for the fiscal year

ending June 30, 1934, and for other purposes’’, approved March

3, 1933 (41 U.S.C. 10a et seq.).

(b) If the Secretary of Defense determines that a person has

been convicted of intentionally affixing a label bearing a ‘‘Made

in America’’ inscription to any product sold in or shipped to the

United States that is not made in America, the Secretary shall

determine, in accordance with section 2410f of title 10, United

States Code, whether the person should be debarred from contracting with the Department of Defense.

(c) In the case of any equipment or products purchased with

appropriations provided under this Act, it is the sense of the Congress that any entity of the Department of Defense, in expending

the appropriation, purchase only American-made equipment and

products, provided that American-made equipment and products

are cost-competitive, quality-competitive, and available in a timely

fashion.

SEC. 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;

Labeling.

Fraud.

50 USC 403u

note.

120 STAT. 1282 PUBLIC LAW 109–289—SEPT. 29, 2006

(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-bycase basis, if the Secretary determines, and certifies to the Committees on Appropriations of the House of Representatives and Senate

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

(c) This section does not apply to—

(1) field operating agencies funded within the National

Intelligence Program; or

(2) an Army field operating agency established to eliminate,

mitigate, or counter the effects of improvised explosive devices,

and, as determined by the Secretary of the Army, other similar

threats.

SEC. 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, DefenseWide’’ 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;

PUBLIC LAW 109–289—SEPT. 29, 2006 120 STAT. 1283

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, DefenseWide, 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.

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 counterdrug 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-bycase 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

50 USC 403f

note.

10 USC 374 note.

North Korea.

120 STAT. 1284 PUBLIC LAW 109–289—SEPT. 29, 2006

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

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:

Notification.

Deadline.

10 USC 2304

note.

PUBLIC LAW 109–289—SEPT. 29, 2006 120 STAT. 1285

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

to be transferred.

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

or services to be transferred.

(3) In the case of a proposed transfer of equipment or

supplies—

(A) a statement of whether the inventory requirements

of all elements of the Armed Forces (including the reserve

components) for the type of equipment or supplies to be

transferred have been met; and

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

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

President proposes to provide funds for such replacement.

SEC. 8051. None of the funds available to the Department

of Defense under this Act shall be obligated or expended to pay

a contractor under a contract with the Department of Defense

for costs of any amount paid by the contractor to an employee

when—

(1) such costs are for a bonus or otherwise in excess of

the normal salary paid by the contractor to the employee;

and

(2) such bonus is part of restructuring costs associated

with a business combination.

(INCLUDING TRANSFER OF FUNDS)

SEC. 8052. During the current fiscal year, no more than $30,000,000 of appropriations made in this Act under the heading

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

to appropriations available for the pay of military personnel, to

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

as the appropriations to which transferred, to be used in support

of such personnel in connection with support and services for eligible

organizations and activities outside the Department of Defense

pursuant to section 2012 of title 10, United States Code.

SEC. 8053. During the current fiscal year, in the case of an

appropriation account of the Department of Defense for which the

period of availability for obligation has expired or which has closed

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

Code, and which has a negative unliquidated or unexpended balance, an obligation or an adjustment of an obligation may be

charged to any current appropriation account for the same purpose

as the expired or closed account if—

(1) the obligation would have been properly chargeable

(except as to amount) to the expired or closed account before

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

(2) the obligation is not otherwise properly chargeable to

any current appropriation account of the Department of

Defense; and

(3) in the case of an expired account, the obligation is

not chargeable to a current appropriation of the Department

of Defense under the provisions of section 1405(b)(8) of the

National Defense Authorization Act for Fiscal Year 1991, Public

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

That in the case of an expired account, if subsequent review

or investigation discloses that there was not in fact a negative

unliquidated or unexpended balance in the account, any charge

to a current account under the authority of this section shall

120 STAT. 1286 PUBLIC LAW 109–289—SEPT. 29, 2006

be reversed and recorded against the expired account: Provided

further, That the total amount charged to a current appropriation under this section may not exceed an amount equal to

1 percent of the total appropriation for that account.

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

the Chief of the National Guard Bureau may permit the use of

equipment of the National Guard Distance Learning Project by

any person or entity on a space-available, reimbursable basis. The

Chief of the National Guard Bureau shall establish the amount

of reimbursement for such use on a case-by-case basis.

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

to funds available for the National Guard Distance Learning Project

and be available to defray the costs associated with the use of

equipment of the project under that subsection. Such funds shall

be available for such purposes without fiscal year limitation.

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

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

under section 2690 of title 10, United States Code, may implement

cost-effective agreements for required heating facility modernization

in the Kaiserslautern Military Community in the Federal Republic

of Germany: Provided, That in the City of Kaiserslautern such

agreements will include the use of United States anthracite as

the base load energy for municipal district heat to the United

States Defense installations: Provided further, That at Landstuhl

Army Regional Medical Center and Ramstein Air Base, furnished

heat may be obtained from private, regional or municipal services,

if provisions are included for the consideration of United States

coal as an energy source.

SEC. 8056. None of the funds appropriated in title IV of this

Act may be used to procure end-items for delivery to military

forces for operational training, operational use or inventory requirements: Provided, That this restriction does not apply to end-items

used in development, prototyping, and test activities preceding and

leading to acceptance for operational use: Provided further, That

this restriction does not apply to programs funded within the

National Intelligence Program: Provided further, That the Secretary

of Defense may waive this restriction on a case-by-case basis by

certifying in writing to the Committees on Appropriations of the

House of Representatives and the Senate that it is in the national

security interest to do so.

SEC. 8057. Notwithstanding any other provision of law, funds

available to the Department of Defense in this Act shall be made

available to provide transportation of medical supplies and equipment, on a nonreimbursable basis, to American Samoa, and funds

available to the Department of Defense shall be made available

to provide transportation of medical supplies and equipment, on

a nonreimbursable basis, to the Indian Health Service when it

is in conjunction with a civil-military project.

SEC. 8058. None of the funds made available in this Act may

be used to approve or license the sale of the F–22A advanced

tactical fighter to any foreign government.

SEC. 8059. (a) The Secretary of Defense may, on a case-bycase 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

American Samoa.

Native

Americans.

Germany.

PUBLIC LAW 109–289—SEPT. 29, 2006 120 STAT. 1287

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.

(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

Deadline.

Human rights.

120 STAT. 1288 PUBLIC LAW 109–289—SEPT. 29, 2006

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 official Government travel arranged by Government Contracted Travel Management Centers may be credited to operation

and maintenance, and research, development, test and evaluation

accounts of the Department of Defense which are current when

the refunds are received.

SEC. 8066. (a) REGISTERING FINANCIAL MANAGEMENT INFORMATION TECHNOLOGY SYSTEMS WITH DOD CHIEF INFORMATION

OFFICER.—None of the funds appropriated in this Act may be used

for a mission critical or mission essential financial management

information technology system (including a system funded by the

defense working capital fund) that is not registered with the Chief

Information Officer of the Department of Defense. A system shall

be considered to be registered with that officer upon the furnishing

to that officer of notice of the system, together with such information

concerning the system as the Secretary of Defense may prescribe.

A financial management information technology system shall be

considered a mission critical or mission essential information technology system as defined by the Under Secretary of Defense (Comptroller).

(b) CERTIFICATIONS AS TO COMPLIANCE WITH FINANCIAL

MANAGEMENT MODERNIZATION PLAN.—

(1) During the current fiscal year, a financial management

automated information system, a mixed information system

supporting financial and non-financial systems, or a system

improvement of more than $1,000,000 may not receive Milestone A approval, Milestone B approval, or full rate production,

or their equivalent, within the Department of Defense until

the Under Secretary of Defense (Comptroller) certifies, with

respect to that milestone, that the system is being developed

and managed in accordance with the Department’s Financial

Management Modernization Plan. The Under Secretary of

Defense (Comptroller) may require additional certifications, as

appropriate, with respect to any such system.

Reports.

Confidential

information.

PUBLIC LAW 109–289—SEPT. 29, 2006 120 STAT. 1289

(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.

(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

Notification.

120 STAT. 1290 PUBLIC LAW 109–289—SEPT. 29, 2006

penetrator’’, ‘‘armor piercing (AP)’’, ‘‘armor piercing incendiary

(API)’’, or ‘‘armor-piercing incendiary-tracer (API–T)’’, except to an

entity performing demilitarization services for the Department of

Defense under a contract that requires the entity to demonstrate

to the satisfaction of the Department of Defense that armor piercing

projectiles are either: (1) rendered incapable of reuse by the demilitarization process; or (2) used to manufacture ammunition pursuant

to a contract with the Department of Defense or the manufacture

of ammunition for export pursuant to a License for Permanent

Export of Unclassified Military Articles issued by the Department

of State.

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

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

payment of all or part of the consideration that otherwise would

be required under section 2667 of title 10, United States Code,

in the case of a lease of personal property for a period not in

excess of 1 year to any organization specified in section 508(d)

of title 32, United States Code, or any other youth, social, or

fraternal non-profit organization as may be approved by the Chief

of the National Guard Bureau, or his designee, on a case-by-case

basis.

SEC. 8071. None of the funds appropriated by this Act shall

be used for the support of any nonappropriated funds activity

of the Department of Defense that procures malt beverages and

wine with nonappropriated funds for resale (including such alcoholic

beverages sold by the drink) on a military installation located

in the United States unless such malt beverages and wine are

procured within that State, or in the case of the District of

Columbia, within the District of Columbia, in which the military

installation is located: Provided, That in a case in which the military

installation is located in more than one State, purchases may be

made in any State in which the installation is located: 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

Alcohol.

States.

District of

Columbia.

PUBLIC LAW 109–289—SEPT. 29, 2006 120 STAT. 1291

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

centers (within the meaning of section 1905(l)(2)(B) of the Social

Security Act (42 U.S.C. 1396d(l)(2)(B))).

(b) In carrying out this provision, the Secretary of Defense

shall give the Indian Health Service a property disposal priority

equal to the priority given to the Department of Defense and

its twelve special screening programs in distribution of surplus

dental and medical supplies and equipment.

SEC. 8077. Amounts appropriated in title II of this Act are hereby 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

Government

property.

Native

Americans.

10 USC 113 note.

120 STAT. 1292 PUBLIC LAW 109–289—SEPT. 29, 2006

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:

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:

PUBLIC LAW 109–289—SEPT. 29, 2006 120 STAT. 1293

(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 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 CAPABILITIES. 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 Grants.

120 STAT. 1294 PUBLIC LAW 109–289—SEPT. 29, 2006

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 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

Notification.

Deployment.

Budget, Federal.

10 USC 221 note.

PUBLIC LAW 109–289—SEPT. 29, 2006 120 STAT. 1295

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 appropriated in law: Provided, That the Secretary may transfer not to exceed $100,000,000 under the authority provided by this section:

Provided further, That the Secretary may not transfer any funds

until 30 days after the proposed transfer has been reported to

the Committees on Appropriations of the Senate and the House

of Representatives, unless sooner notified by the Committees that

there is no objection to the proposed transfer: Provided further, That the transfer authority provided by this section is in addition

to any other transfer authority contained elsewhere in this Act.

SEC. 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

120 STAT. 1296 PUBLIC LAW 109–289—SEPT. 29, 2006

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 nonFederal 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.

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.

Extension.

Research and

development.

PUBLIC LAW 109–289—SEPT. 29, 2006 120 STAT. 1297

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 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 analyses and justification of the cost and projected

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

Reports.

Deadline.

Dyslexia.

Students.

120 STAT. 1298 PUBLIC LAW 109–289—SEPT. 29, 2006

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 consideration 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

Deadline.

Analysis.

PUBLIC LAW 109–289—SEPT. 29, 2006 120 STAT. 1299

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 referring

only to the provisions of this division.

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.

1 USC 1 note.

120 STAT. 1300 PUBLIC LAW 109–289—SEPT. 29, 2006

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.

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.

Reports.

PUBLIC LAW 109–289—SEPT. 29, 2006 120 STAT. 1301

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,

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,

Reports.

Deadline.

Notification.

Deadline.

120 STAT. 1302 PUBLIC LAW 109–289—SEPT. 29, 2006

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.

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, Multi-National 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

Reports.

Deadline.

Notification.

Deadline.

Notification.

PUBLIC LAW 109–289—SEPT. 29, 2006 120 STAT. 1303

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,

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.

Notification.

Deadline.

Reports.

Deadline.

Management

plan.

Deadline.

Reports.

Deadline.

Notification.

Deadline.

Notification.

120 STAT. 1304 PUBLIC LAW 109–289—SEPT. 29, 2006

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.

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.

PUBLIC LAW 109–289—SEPT. 29, 2006 120 STAT. 1305

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.

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

120 STAT. 1306 PUBLIC LAW 109–289—SEPT. 29, 2006

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

relief 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.

Reports.

Reports.

Deadline.

Deadline.

Notification.

PUBLIC LAW 109–289—SEPT. 29, 2006 120 STAT. 1307

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

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—

Reports.

Deadline.

Iraq.

120 STAT. 1308 PUBLIC LAW 109–289—SEPT. 29, 2006

(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;

(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:

PUBLIC LAW 109–289—SEPT. 29, 2006 120 STAT. 1309

(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.

(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).

Notification.

Deadline.

Sudan.

120 STAT. 1310 PUBLIC LAW 109–289—SEPT. 29, 2006

SEC. 9016. PROHIBITION ON PAYMENT OF AWARD FEES TO

DEFENSE 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 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

PUBLIC LAW 109–289—SEPT. 29, 2006 120 STAT. 1311

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 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

Continuing

Appropriations

Resolution, 2007.

120 STAT. 1312 PUBLIC LAW 109–289—SEPT. 29, 2006

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 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

PUBLIC LAW 109–289—SEPT. 29, 2006 120 STAT. 1313

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 sections 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.

(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

Expiration date.

120 STAT. 1314 PUBLIC LAW 109–289—SEPT. 29, 2006

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).

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’’.

Applicability.

Contracts.

PUBLIC LAW 109–289—SEPT. 29, 2006 120 STAT. 1315

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

635f), 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 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 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

120 STAT. 1316 PUBLIC LAW 109–289—SEPT. 29, 2006

LEGISLATIVE HISTORY—H.R. 5631:

HOUSE REPORTS: No. 109–504 (Comm. on Appropriations) and 109–676

(Comm. of Conference).

SENATE REPORTS: No. 109–292 (Comm. on Appropriations).

CONGRESSIONAL RECORD, Vol. 152 (2006):

June 20, considered and passed House.

Aug. 1–3, Sept. 5–7, considered and passed Senate.

Sept. 26, House agreed to conference report.

Sept. 29, Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):

Sept. 29, Presidential statement.

Æ

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.

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’’.

Approved September 29, 2006.

Applicability.