H. R. 5631

One Hundred Ninth Congress

of the

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the third day of January, two thousand and six 

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. 
H. R. 5631—2

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 
H. R. 5631—3

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 
H. R. 5631—4

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 
H. R. 5631—5

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. 
H. R. 5631—6

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 
H. R. 5631—7

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 
H. R. 5631—8

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 
H. R. 5631—9

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 destina- tion 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 
H. R. 5631—10

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. 
H. R. 5631—11

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 
H. R. 5631—12

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, 
H. R. 5631—13

$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 
H. R. 5631—14

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 
H. R. 5631—15

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 Manage- ment 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, 
H. R. 5631—16

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 
H. R. 5631—17

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 
H. R. 5631—18

(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. 
H. R. 5631—19

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. 
H. R. 5631—20

(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 
H. R. 5631—21

(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. 
H. R. 5631—22

(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 
H. R. 5631—23

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. 
H. R. 5631—24

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 
H. R. 5631—25

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; 
H. R. 5631—26

(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; 
H. R. 5631—27

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 
H. R. 5631—28

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: 
H. R. 5631—29

(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 
H. R. 5631—30

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 
H. R. 5631—31

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 
H. R. 5631—32

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 INFORMA- TION 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. 
H. R. 5631—33

(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 
H. R. 5631—34

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 
H. R. 5631—35

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 
H. R. 5631—36

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 Pro- gram, $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 Pro- gram, $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: 
H. R. 5631—37

(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 CAPABILI- TIES. The Department of Defense and the Department of the Army 

shall make future budgetary and programming plans to fully finance 

the Non-Line of Sight Future Force cannon (NLOS–C) and a 

compatible large caliber ammunition resupply capability for this 

system supported by the Future Combat Systems (FCS) Brigade 

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

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

by fiscal year 2010. In addition the Army will deliver eight (8) 

combat operational pre-production NLOS–C systems by the end 

of calendar year 2008. These systems shall be in addition to those 

systems necessary for developmental and operational testing: Provided further, That the Army shall ensure that budgetary and 

programmatic plans will provide for no fewer than seven (7) Stryker 

Brigade Combat Teams. 

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

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

the Pacific Missile Range Facility may be made available to contract 

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

water, drainage, and flood control systems, electrical upgrade to 

support additional missions critical to base operations, and support 

for a range footprint expansion to further guard against encroachment. 

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

September 30, 2007: Provided, That the Secretary of Defense shall 
H. R. 5631—38

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 
H. R. 5631—39

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 
H. R. 5631—40

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. 
H. R. 5631—41

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 
H. R. 5631—42

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 
H. R. 5631—43

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. 
H. R. 5631—44

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. 
H. R. 5631—45

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, 
H. R. 5631—46

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 
H. R. 5631—47

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. 
H. R. 5631—48

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. 
H. R. 5631—49

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 Manage- ment 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 
H. R. 5631—50

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. 
H. R. 5631—51

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—
H. R. 5631—52

(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: 
H. R. 5631—53

(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). 
H. R. 5631—54

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 
H. R. 5631—55

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 
H. R. 5631—56

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 
H. R. 5631—57

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 
H. R. 5631—58

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’’. 
H. R. 5631—59

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 
H. R. 5631—60

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’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.