IB 

Union Calendar No. 281 

109TH CONGRESS 

2D SESSION H. R. 5631 

[Report No. 109–504] 

Making appropriations for the Department of Defense for the fiscal year 

ending September 30, 2007, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 16, 2006 

Mr. YOUNG of Florida, from the Committee on Appropriations, reported the 

following bill; which was committed to the Committee of the Whole House 

on the State of the Union and ordered to be printed 

A BILL 

Making appropriations for the Department of Defense for 

the fiscal year ending September 30, 2007, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2007, for military func6 tions administered by the Department of Defense and for 

7 other purposes, namely: 


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1 TITLE I 

2 MILITARY PERSONNEL 

3 MILITARY PERSONNEL, ARMY

4 For pay, allowances, individual clothing, subsistence, 

5 interest on deposits, gratuities, permanent change of sta6 tion travel (including all expenses thereof for organiza7 tional movements), and expenses of temporary duty travel 

8 between permanent duty stations, for members of the 

9 Army on active duty, (except members of reserve compo10 nents provided for elsewhere), cadets, and aviation cadets; 

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

12 for payments pursuant to section 156 of Public Law 97– 

13 377, as amended (42 U.S.C. 402 note), and to the Depart14 ment of Defense Military Retirement Fund, 

15 $25,259,649,000. 

16 MILITARY PERSONNEL, NAVY

17 For pay, allowances, individual clothing, subsistence, 

18 interest on deposits, gratuities, permanent change of sta19 tion travel (including all expenses thereof for organiza20 tional movements), and expenses of temporary duty travel 

21 between permanent duty stations, for members of the 

22 Navy on active duty (except members of the Reserve pro23 vided for elsewhere), midshipmen, and aviation cadets; for 

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

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


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1 as amended (42 U.S.C. 402 note), and to the Department 

2 of Defense Military Retirement Fund, $19,049,454,000. 

3 MILITARY PERSONNEL, MARINE CORPS

4 For pay, allowances, individual clothing, subsistence, 

5 interest on deposits, gratuities, permanent change of sta6 tion travel (including all expenses thereof for organiza7 tional movements), and expenses of temporary duty travel 

8 between permanent duty stations, for members of the Ma9 rine Corps on active duty (except members of the Reserve 

10 provided for elsewhere); and for payments pursuant to sec11 tion 156 of Public Law 97–377, as amended (42 U.S.C. 

12 402 note), and to the Department of Defense Military Re13 tirement Fund, $7,932,749,000. 

14 MILITARY PERSONNEL, AIR FORCE

15 For pay, allowances, individual clothing, subsistence, 

16 interest on deposits, gratuities, permanent change of sta17 tion travel (including all expenses thereof for organiza18 tional movements), and expenses of temporary duty travel 

19 between permanent duty stations, for members of the Air 

20 Force on active duty (except members of reserve compo21 nents provided for elsewhere), cadets, and aviation cadets; 

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

23 for payments pursuant to section 156 of Public Law 97– 

24 377, as amended (42 U.S.C. 402 note), and to the DepartVerDate Aug 31 2005 22:25 Jun 16, 2006 Jkt 049196 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5631.RH H5631

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1 ment of Defense Military Retirement Fund, 

2 $19,676,481,000. 

3 RESERVE PERSONNEL, ARMY

4 For pay, allowances, clothing, subsistence, gratuities, 

5 travel, and related expenses for personnel of the Army Re6 serve on active duty under sections 10211, 10302, and 

7 3038 of title 10, United States Code, or while serving on 

8 active duty under section 12301(d) of title 10, United 

9 States Code, in connection with performing duty specified 

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

11 while undergoing reserve training, or while performing 

12 drills or equivalent duty or other duty, and expenses au13 thorized by section 16131 of title 10, United States Code; 

14 and for payments to the Department of Defense Military 

15 Retirement Fund, $3,034,500,000. 

16 RESERVE PERSONNEL, NAVY

17 For pay, allowances, clothing, subsistence, gratuities, 

18 travel, and related expenses for personnel of the Navy Re19 serve on active duty under section 10211 of title 10, 

20 United States Code, or while serving on active duty under 

21 section 12301(d) of title 10, United States Code, in con22 nection with performing duty specified in section12310(a) 

23 of title 10, United States Code, or while undergoing re24 serve training, or while performing drills or equivalent 

25 duty, and expenses authorized by section 16131 of title 


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1 10, United States Code; and for payments to the Depart2 ment of Defense Military Retirement Fund, 

3 $1,485,548,000. 

4 RESERVE PERSONNEL, MARINE CORPS

5 For pay, allowances, clothing, subsistence, gratuities, 

6 travel, and related expenses for personnel of the Marine 

7 Corps Reserve on active duty under section 10211 of title 

8 10, United States Code, or while serving on active duty 

9 under section 12301(d) of title 10, United States Code, 

10 in connection with performing duty specified in section 

11 12310(a) of title 10, United States Code, or while under12 going reserve training, or while performing drills or equiv13 alent duty, and for members of the Marine Corps platoon 

14 leaders class, and expenses authorized by section 16131 

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

16 Department of Defense Military Retirement Fund, 

17 $498,556,000. 

18 RESERVE PERSONNEL, AIR FORCE

19 For pay, allowances, clothing, subsistence, gratuities, 

20 travel, and related expenses for personnel of the Air Force 

21 Reserve on active duty under sections 10211, 10305, and 

22 8038 of title 10, United States Code, or while serving on 

23 active duty under section 12301(d) of title 10, United 

24 States Code, in connection with performing duty specified 

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


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1 while undergoing reserve training, or while performing 

2 drills or equivalent duty or other duty, and expenses au3 thorized by section 16131 of title 10, United States Code; 

4 and for payments to the Department of Defense Military 

5 Retirement Fund, $1,246,320,000. 

6 NATIONAL GUARD PERSONNEL, ARMY

7 For pay, allowances, clothing, subsistence, gratuities, 

8 travel, and related expenses for personnel of the Army Na9 tional Guard while on duty under section 10211, 10302, 

10 or 12402 of title 10 or section 708 of title 32, United 

11 States Code, or while serving on duty under section 

12 12301(d) of title 10 or section 502(f) of title 32, United 

13 States Code, in connection with performing duty specified 

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

15 while undergoing training, or while performing drills or 

16 equivalent duty or other duty, and expenses authorized by 

17 section 16131 of title 10, United States Code; and for pay18 ments to the Department of Defense Military Retirement 

19 Fund, $4,693,595,000. 

20 NATIONAL GUARD PERSONNEL, AIR FORCE

21 For pay, allowances, clothing, subsistence, gratuities, 

22 travel, and related expenses for personnel of the Air Na23 tional Guard on duty under section 10211, 10305, or 

24 12402 of title 10 or section 708 of title 32, United States 

25 Code, or while serving on duty under section 12301(d) of 


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1 title 10 or section 502(f) of title 32, United States Code, 

2 in connection with performing duty specified in section 

3 12310(a) of title 10, United States Code, or while under4 going training, or while performing drills or equivalent 

5 duty or other duty, and expenses authorized by section 

6 16131 of title 10, United States Code; and for payments 

7 to the Department of Defense Military Retirement Fund, 

8 $2,038,097,000. 

9 TITLE II 

10 OPERATION AND MAINTENANCE 

11 OPERATION AND MAINTENANCE, ARMY

12 For expenses, not otherwise provided for, necessary 

13 for the operation and maintenance of the Army, as author14 ized by law; and not to exceed $11,478,000 can be used 

15 for emergencies and extraordinary expenses, to be ex16 pended on the approval or authority of the Secretary of 

17 the Army, and payments may be made on his certificate 

18 of necessity for confidential military purposes, 

19 $22,292,965,000: Provided, That of funds made available 

20 under this heading, $2,499,000 shall be available for Fort 

21 Baker, in accordance with the terms and conditions as 

22 provided under the heading ‘‘Operation and Maintenance, 

23 Army’’, in Public Law 107–117. 


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1 OPERATION AND MAINTENANCE, NAVY

2 For expenses, not otherwise provided for, necessary 

3 for the operation and maintenance of the Navy and the 

4 Marine Corps, as authorized by law; and not to exceed 

5 $6,129,000 can be used for emergencies and extraordinary 

6 expenses, to be expended on the approval or authority of 

7 the Secretary of the Navy, and payments may be made 

8 on his certificate of necessity for confidential military pur9 poses, $29,853,676,000. 

10 OPERATION AND MAINTENANCE, MARINE CORPS

11 For expenses, not otherwise provided for, necessary 

12 for the operation and maintenance of the Marine Corps, 

13 as authorized by law, $3,351,121,000. 

14 OPERATION AND MAINTENANCE, AIR FORCE

15 For expenses, not otherwise provided for, necessary 

16 for the operation and maintenance of the Air Force, as 

17 authorized by law; and not to exceed $7,699,000 can be 

18 used for emergencies and extraordinary expenses, to be ex19 pended on the approval or authority of the Secretary of 

20 the Air Force, and payments may be made on his certifi21 cate of necessity for confidential military purposes, 

22 $29,089,688,000. 


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1 OPERATION AND MAINTENANCE, DEFENSE-WIDE

2 (INCLUDING TRANSFER OF FUNDS) 

3 For expenses, not otherwise provided for, necessary 

4 for the operation and maintenance of activities and agen5 cies of the Department of Defense (other than the military 

6 departments), as authorized by law, $19,883,790,000: 

7 Provided, That not more than $25,000,000 may be used 

8 for the Combatant Commander Initiative Fund authorized 

9 under section 166a of title 10, United States Code: Pro10 vided further, That not to exceed $40,000,000 can be used 

11 for emergencies and extraordinary expenses, to be ex12 pended on the approval or authority of the Secretary of 

13 Defense, and payments may be made on his certificate of 

14 necessity for confidential military purposes: Provided fur15 ther, That of the funds made available under this heading, 

16 $6,300,000 is available for contractor support to coordi17 nate a wind test demonstration project on an Air Force 

18 installation using wind turbines manufactured in the 

19 United States that are new to the United States market 

20 and to execute the renewable energy purchasing plan: Pro21 vided further, That none of the funds appropriated or oth22 erwise made available by this Act may be used to plan 

23 or implement the consolidation of a budget or appropria24 tions liaison office of the Office of the Secretary of De25 fense, the office of the Secretary of a military department, 


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1 or the service headquarters of one of the Armed Forces 

2 into a legislative affairs or legislative liaison office: Pro3 vided further, That $4,000,000, to remain available until 

4 expended, is available only for expenses relating to certain 

5 classified activities, and may be transferred as necessary 

6 by the Secretary to operation and maintenance appropria7 tions or research, development, test and evaluation appro8 priations, to be merged with and to be available for the 

9 same time period as the appropriations to which trans10 ferred: Provided further, That any ceiling on the invest11 ment item unit cost of items that may be purchased with 

12 operation and maintenance funds shall not apply to the 

13 funds described in the preceding proviso: Provided further, 

14 That the transfer authority provided under this heading 

15 is in addition to any other transfer authority provided else16 where in this Act. 

17 OPERATION AND MAINTENANCE, ARMY RESERVE

18 For expenses, not otherwise provided for, necessary 

19 for the operation and maintenance, including training, or20 ganization, and administration, of the Army Reserve; re21 pair of facilities and equipment; hire of passenger motor 

22 vehicles; travel and transportation; care of the dead; re23 cruiting; procurement of services, supplies, and equip24 ment; and communications, $2,064,512,000. 


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1 OPERATION AND MAINTENANCE, NAVY RESERVE

2 For expenses, not otherwise provided for, necessary 

3 for the operation and maintenance, including training, or4 ganization, and administration, of the Navy Reserve; re5 pair of facilities and equipment; hire of passenger motor 

6 vehicles; travel and transportation; care of the dead; re7 cruiting; procurement of services, supplies, and equip8 ment; and communications, $1,223,628,000. 

9 OPERATION AND MAINTENANCE, MARINE CORPS

10 RESERVE

11 For expenses, not otherwise provided for, necessary 

12 for the operation and maintenance, including training, or13 ganization, and administration, of the Marine Corps Re14 serve; repair of facilities and equipment; hire of passenger 

15 motor vehicles; travel and transportation; care of the dead; 

16 recruiting; procurement of services, supplies, and equip17 ment; and communications, $202,732,000. 

18 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

19 For expenses, not otherwise provided for, necessary 

20 for the operation and maintenance, including training, or21 ganization, and administration, of the Air Force Reserve; 

22 repair of facilities and equipment; hire of passenger motor 

23 vehicles; travel and transportation; care of the dead; re24 cruiting; procurement of services, supplies, and equip25 ment; and communications, $2,659,951,000. 


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1 OPERATION AND MAINTENANCE, ARMY NATIONAL

2 GUARD

3 For expenses of training, organizing, and admin4 istering the Army National Guard, including medical and 

5 hospital treatment and related expenses in non-Federal 

6 hospitals; maintenance, operation, and repairs to struc7 tures and facilities; hire of passenger motor vehicles; per8 sonnel services in the National Guard Bureau; travel ex9 penses (other than mileage), as authorized by law for 

10 Army personnel on active duty, for Army National Guard 

11 division, regimental, and battalion commanders while in12 specting units in compliance with National Guard Bureau 

13 regulations when specifically authorized by the Chief, Na14 tional Guard Bureau; supplying and equipping the Army 

15 National Guard as authorized by law; and expenses of re16 pair, modification, maintenance, and issue of supplies and 

17 equipment (including aircraft), $4,436,839,000. 

18 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

19 For expenses of training, organizing, and admin20 istering the Air National Guard, including medical and 

21 hospital treatment and related expenses in non-Federal 

22 hospitals; maintenance, operation, and repairs to struc23 tures and facilities; transportation of things, hire of pas24 senger motor vehicles; supplying and equipping the Air 

25 National Guard, as authorized by law; expenses for repair, 


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1 modification, maintenance, and issue of supplies and 

2 equipment, including those furnished from stocks under 

3 the control of agencies of the Department of Defense; 

4 travel expenses (other than mileage) on the same basis as 

5 authorized by law for Air National Guard personnel on 

6 active Federal duty, for Air National Guard commanders 

7 while inspecting units in compliance with National Guard 

8 Bureau regulations when specifically authorized by the 

9 Chief, National Guard Bureau, $5,035,310,000. 

10 UNITED STATES COURT OF APPEALS FOR THE ARMED

11 FORCES

12 For salaries and expenses necessary for the United 

13 States Court of Appeals for the Armed Forces, 

14 $11,721,000, of which not to exceed $5,000 may be used 

15 for official representation purposes. 

16 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

17 For expenses relating to the Overseas Humanitarian, 

18 Disaster, and Civic Aid programs of the Department of 

19 Defense (consisting of the programs provided under sec20 tions 401, 402, 404, 2557, and 2561 of title 10, United 

21 States Code), $63,204,000, to remain available until Sep22 tember 30, 2008. 

23 FORMER SOVIET UNION THREAT REDUCTION ACCOUNT

24 For assistance to the republics of the former Soviet 

25 Union, including assistance provided by contract or by 


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1 grants, for facilitating the elimination and the safe and 

2 secure transportation and storage of nuclear, chemical and 

3 other weapons; for establishing programs to prevent the 

4 proliferation of weapons, weapons components, and weap5 on-related technology and expertise; for programs relating 

6 to the training and support of defense and military per7 sonnel for demilitarization and protection of weapons, 

8 weapons components and weapons technology and exper9 tise, and for defense and military contacts, $372,128,000, 

10 to remain available until September 30, 2009. 

11 TITLE III 

12 PROCUREMENT 

13 AIRCRAFT PROCUREMENT, ARMY

14 For construction, procurement, production, modifica15 tion, and modernization of aircraft, equipment, including 

16 ordnance, ground handling equipment, spare parts, and 

17 accessories therefor; specialized equipment and training 

18 devices; expansion of public and private plants, including 

19 the land necessary therefor, for the foregoing purposes, 

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

21 and construction prosecuted thereon prior to approval of 

22 title; and procurement and installation of equipment, ap23 pliances, and machine tools in public and private plants; 

24 reserve plant and Government and contractor-owned 

25 equipment layaway; and other expenses necessary for the 


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1 foregoing purposes, $3,529,983,000, to remain available 

2 for obligation until September 30, 2009, of which 

3 $27,375,000 shall be available for the Army National 

4 Guard and Army Reserve: Provided, That $19,200,000 of 

5 the funds provided in this paragraph are available only 

6 for the purpose of acquiring one (1) HH–60L medical 

7 evacuation Variant Blackhawk helicopter only for the 

8 Army Reserve. 

9 MISSILE PROCUREMENT, ARMY

10 For construction, procurement, production, modifica11 tion, and modernization of missiles, equipment, including 

12 ordnance, ground handling equipment, spare parts, and 

13 accessories therefor; specialized equipment and training 

14 devices; expansion of public and private plants, including 

15 the land necessary therefor, for the foregoing purposes, 

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

17 and construction prosecuted thereon prior to approval of 

18 title; and procurement and installation of equipment, ap19 pliances, and machine tools in public and private plants; 

20 reserve plant and Government and contractor-owned 

21 equipment layaway; and other expenses necessary for the 

22 foregoing purposes, $1,350,898,000, to remain available 

23 for obligation until September 30, 2009, of which 

24 $110,000,000 shall be available for the Army National 

25 Guard and Army Reserve. 


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1 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

2 VEHICLES, ARMY

3 For construction, procurement, production, and 

4 modification of weapons and tracked combat vehicles, 

5 equipment, including ordnance, spare parts, and acces6 sories therefor; specialized equipment and training devices; 

7 expansion of public and private plants, including the land 

8 necessary therefor, for the foregoing purposes, and such 

9 lands and interests therein, may be acquired, and con10 struction prosecuted thereon prior to approval of title; and 

11 procurement and installation of equipment, appliances, 

12 and machine tools in public and private plants; reserve 

13 plant and Government and contractor-owned equipment 

14 layaway; and other expenses necessary for the foregoing 

15 purposes, $2,047,804,000, to remain available for obliga16 tion until September 30, 2009, of which $218,481,000 

17 shall be available for the Army National Guard and Army 

18 Reserve. 

19 PROCUREMENT OF AMMUNITION, ARMY

20 For construction, procurement, production, and 

21 modification of ammunition, and accessories therefor; spe22 cialized equipment and training devices; expansion of pub23 lic and private plants, including ammunition facilities, au24 thorized by section 2854 of title 10, United States Code, 

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1 poses, and such lands and interests therein, may be ac2 quired, and construction prosecuted thereon prior to ap3 proval of title; and procurement and installation of equip4 ment, appliances, and machine tools in public and private 

5 plants; reserve plant and Government and contractor6 owned equipment layaway; and other expenses necessary 

7 for the foregoing purposes, $1,710,475,000, to remain 

8 available for obligation until September 30, 2009, of which 

9 $197,181,000 shall be available for the Army National 

10 Guard and Army Reserve. 

11 OTHER PROCUREMENT, ARMY

12 For construction, procurement, production, and 

13 modification of vehicles, including tactical, support, and 

14 non-tracked combat vehicles; the purchase of passenger 

15 motor vehicles for replacement only; communications and 

16 electronic equipment; other support equipment; spare 

17 parts, ordnance, and accessories therefor; specialized 

18 equipment and training devices; expansion of public and 

19 private plants, including the land necessary therefor, for 

20 the foregoing purposes, and such lands and interests 

21 therein, may be acquired, and construction prosecuted 

22 thereon prior to approval of title; and procurement and 

23 installation of equipment, appliances, and machine tools 

24 in public and private plants; reserve plant and Govern25 ment and contractor-owned equipment layaway; and other 


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1 expenses necessary for the foregoing purposes, 

2 $7,005,338,000, to remain available for obligation until 

3 September 30, 2009, of which $534,360,000 shall be 

4 available for the Army National Guard and Army Reserve. 

5 AIRCRAFT PROCUREMENT, NAVY

6 For construction, procurement, production, modifica7 tion, and modernization of aircraft, equipment, including 

8 ordnance, spare parts, and accessories therefor; specialized 

9 equipment; expansion of public and private plants, includ10 ing the land necessary therefor, and such lands and inter11 ests therein, may be acquired, and construction prosecuted 

12 thereon prior to approval of title; and procurement and 

13 installation of equipment, appliances, and machine tools 

14 in public and private plants; reserve plant and Govern15 ment and contractor-owned equipment layaway, 

16 $10,590,934,000, to remain available for obligation until 

17 September 30, 2009, of which $154,800,000 shall be 

18 available for the Navy Reserve and Marine Corps Reserve. 

19 WEAPONS PROCUREMENT, NAVY

20 For construction, procurement, production, modifica21 tion, and modernization of missiles, torpedoes, other weap22 ons, and related support equipment including spare parts, 

23 and accessories therefor; expansion of public and private 

24 plants, including the land necessary therefor, and such 

25 lands and interests therein, may be acquired, and conVerDate Aug 31 2005 22:25 Jun 16, 2006 Jkt 049196 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H5631.RH H5631

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1 struction prosecuted thereon prior to approval of title; and 

2 procurement and installation of equipment, appliances, 

3 and machine tools in public and private plants; reserve 

4 plant and Government and contractor-owned equipment 

5 layaway, $2,533,920,000, to remain available for obliga6 tion until September 30, 2009. 

7 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

8 CORPS

9 For construction, procurement, production, and 

10 modification of ammunition, and accessories therefor; spe11 cialized equipment and training devices; expansion of pub12 lic and private plants, including ammunition facilities, au13 thorized by section 2854 of title 10, United States Code, 

14 and the land necessary therefor, for the foregoing pur15 poses, and such lands and interests therein, may be ac16 quired, and construction prosecuted thereon prior to ap17 proval of title; and procurement and installation of equip18 ment, appliances, and machine tools in public and private 

19 plants; reserve plant and Government and contractor20 owned equipment layaway; and other expenses necessary 

21 for the foregoing purposes, $775,893,000, to remain avail22 able for obligation until September 30, 2009, of which 

23 $19,600,000 shall be available for the Navy Reserve and 

24 Marine Corps Reserve. 


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1 SHIPBUILDING AND CONVERSION, NAVY

2 For expenses necessary for the construction, acquisi3 tion, or conversion of vessels as authorized by law, includ4 ing armor and armament thereof, plant equipment, appli5 ances, and machine tools and installation thereof in public 

6 and private plants; reserve plant and Government and con7 tractor-owned equipment layaway; procurement of critical, 

8 long leadtime components and designs for vessels to be 

9 constructed or converted in the future; and expansion of 

10 public and private plants, including land necessary there11 for, and such lands and interests therein, may be acquired, 

12 and construction prosecuted thereon prior to approval of 

13 title, as follows: 

14 Carrier Replacement Program (AP), 

15 $784,143,000; 

16 NSSN, $1,775,472,000; 

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

18 CVN Refuelings, $954,495,000; 

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

20 SSN Engineered Refueling Overhauls (AP), 

21 $22,078,000; 

22 SSBN Engineered Refueling Overhauls, 

23 $189,022,000; 

24 SSBN Engineered Refueling Overhauls (AP), 

25 $37,154,000; 


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1 One DD(X) Destroyer, $2,568,111,000; 

2 DDG–51 Destroyer, $355,849,000; 

3 DDG–51 Destroyer Modernization, 

4 $50,000,000; 

5 Littoral Combat Ship, $520,670,000; 

6 LPD–17 (AP), $297,492,000; 

7 LHA–R, $1,135,917,000; 

8 Special Purpose Craft, $4,500,000; 

9 Service Craft, $45,245,000; 

10 LCAC Service Life Extension Program, 

11 $110,692,000; 

12 Prior year shipbuilding costs, $436,449,000; 

13 and 

14 For outfitting, post delivery, conversions, and 

15 first destination transportation, $410,643,000. 

16 In all: $10,491,653,000, to remain available for obli17 gation until September 30, 2011: Provided, That addi18 tional obligations may be incurred after September 30, 

19 2011, for engineering services, tests, evaluations, and 

20 other such budgeted work that must be performed in the 

21 final stage of ship construction: Provided further, That 

22 none of the funds provided under this heading for the con23 struction or conversion of any naval vessel to be con24 structed in shipyards in the United States shall be ex25 pended in foreign facilities for the construction of major 


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1 components of such vessel: Provided further, That none 

2 of the funds provided under this heading shall be used 

3 for the construction of any naval vessel in foreign ship4 yards. 

5 OTHER PROCUREMENT, NAVY

6 For procurement, production, and modernization of 

7 support equipment and materials not otherwise provided 

8 for, Navy ordnance (except ordnance for new aircraft, new 

9 ships, and ships authorized for conversion); the purchase 

10 of passenger motor vehicles for replacement only; expan11 sion of public and private plants, including the land nec12 essary therefor, and such lands and interests therein, may 

13 be acquired, and construction prosecuted thereon prior to 

14 approval of title; and procurement and installation of 

15 equipment, appliances, and machine tools in public and 

16 private plants; reserve plant and Government and con17 tractor-owned equipment layaway, $5,022,005,000, to re18 main available for obligation until September 30, 2009, 

19 of which $23,000,000 shall be available for the Navy Re20 serve and Marine Corps Reserve. 

21 PROCUREMENT, MARINE CORPS

22 For expenses necessary for the procurement, manu23 facture, and modification of missiles, armament, military 

24 equipment, spare parts, and accessories therefor; plant 

25 equipment, appliances, and machine tools, and installation 


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1 thereof in public and private plants; reserve plant and 

2 Government and contractor-owned equipment layaway; ve3 hicles for the Marine Corps, including the purchase of pas4 senger motor vehicles for replacement only; and expansion 

5 of public and private plants, including land necessary 

6 therefor, and such lands and interests therein, may be ac7 quired, and construction prosecuted thereon prior to ap8 proval of title, $1,191,113,000, to remain available for ob9 ligation until September 30, 2009. 

10 AIRCRAFT PROCUREMENT, AIR FORCE

11 For construction, procurement, and modification of 

12 aircraft and equipment, including armor and armament, 

13 specialized ground handling equipment, and training de14 vices, spare parts, and accessories therefor; specialized 

15 equipment; expansion of public and private plants, Gov16 ernment-owned equipment and installation thereof in such 

17 plants, erection of structures, and acquisition of land, for 

18 the foregoing purposes, and such lands and interests 

19 therein, may be acquired, and construction prosecuted 

20 thereon prior to approval of title; reserve plant and Gov21 ernment and contractor-owned equipment layaway; and 

22 other expenses necessary for the foregoing purposes in23 cluding rents and transportation of things, 

24 $11,852,467,000, to remain available for obligation until 

25 September 30, 2009, of which $470,300,000 shall be 


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1 available for the Air National Guard and Air Force Re2 serve. 

3 MISSILE PROCUREMENT, AIR FORCE

4 For construction, procurement, and modification of 

5 missiles, spacecraft, rockets, and related equipment, in6 cluding spare parts and accessories therefor, ground han7 dling equipment, and training devices; expansion of public 

8 and private plants, Government-owned equipment and in9 stallation thereof in such plants, erection of structures, 

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

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

12 construction prosecuted thereon prior to approval of title; 

13 reserve plant and Government and contractor-owned 

14 equipment layaway; and other expenses necessary for the 

15 foregoing purposes including rents and transportation of 

16 things, $3,746,636,000, to remain available for obligation 

17 until September 30, 2009. 

18 PROCUREMENT OF AMMUNITION, AIR FORCE

19 For construction, procurement, production, and 

20 modification of ammunition, and accessories therefor; spe21 cialized equipment and training devices; expansion of pub22 lic and private plants, including ammunition facilities, au23 thorized by section 2854 of title 10, United States Code, 

24 and the land necessary therefor, for the foregoing pur25 poses, and such lands and interests therein, may be acVerDate Aug 31 2005 22:25 Jun 16, 2006 Jkt 049196 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H5631.RH H5631

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1 quired, and construction prosecuted thereon prior to ap2 proval of title; and procurement and installation of equip3 ment, appliances, and machine tools in public and private 

4 plants; reserve plant and Government and contractor5 owned equipment layaway; and other expenses necessary 

6 for the foregoing purposes, $1,079,249,000, to remain 

7 available for obligation until September 30, 2009, of which 

8 $163,800,000 shall be available for the Air National 

9 Guard and Air Force Reserve. 

10 OTHER PROCUREMENT, AIR FORCE

11 For procurement and modification of equipment (in12 cluding ground guidance and electronic control equipment, 

13 and ground electronic and communication equipment), 

14 and supplies, materials, and spare parts therefor, not oth15 erwise provided for; the purchase of passenger motor vehi16 cles for replacement only; lease of passenger motor vehi17 cles; and expansion of public and private plants, Govern18 ment-owned equipment and installation thereof in such 

19 plants, erection of structures, and acquisition of land, for 

20 the foregoing purposes, and such lands and interests 

21 therein, may be acquired, and construction prosecuted 

22 thereon, prior to approval of title; reserve plant and Gov23 ernment and contractor-owned equipment layaway, 

24 $15,423,536,000, to remain available for obligation until 

25 September 30, 2009, of which $145,600,000 shall be 


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1 available for the Air National Guard and Air Force Re2 serve. 

3 PROCUREMENT, DEFENSE-WIDE

4 For expenses of activities and agencies of the Depart5 ment of Defense (other than the military departments) 

6 necessary for procurement, production, and modification 

7 of equipment, supplies, materials, and spare parts there8 for, not otherwise provided for; the purchase of passenger 

9 motor vehicles for replacement only; expansion of public 

10 and private plants, equipment, and installation thereof in 

11 such plants, erection of structures, and acquisition of land 

12 for the foregoing purposes, and such lands and interests 

13 therein, may be acquired, and construction prosecuted 

14 thereon prior to approval of title; reserve plant and Gov15 ernment and contractor-owned equipment layaway, 

16 $2,890,531,000, to remain available for obligation until 

17 September 30, 2009. 

18 NATIONAL GUARD AND RESERVE EQUIPMENT

19 For procurement of aircraft, missiles, tracked combat 

20 vehicles, ammunition, other weapons, and other procure21 ment for the reserve components of the Armed Forces, 

22 $500,000,000, to remain available for obligation until Sep23 tember 30, 2009: Provided, That the Chiefs of the Reserve 

24 and National Guard components shall, not later than 30 

25 days after the enactment of this Act, individually submit 


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1 to the congressional defense committees the modernization 

2 priority assessment for their respective Reserve or Na3 tional Guard component. 

4 DEFENSE PRODUCTION ACT PURCHASES

5 For activities by the Department of Defense pursuant 

6 to sections 108, 301, 302, and 303 of the Defense Produc7 tion Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 

8 2093), $39,384,000, to remain available until expended. 

9 TITLE IV 

10 RESEARCH, DEVELOPMENT, TEST AND 

11 EVALUATION 

12 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

13 ARMY

14 For expenses necessary for basic and applied sci15 entific research, development, test and evaluation, includ16 ing maintenance, rehabilitation, lease, and operation of fa17 cilities and equipment, $11,834,882,000, to remain avail18 able for obligation until September 30, 2008. 

19 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

20 NAVY

21 For expenses necessary for basic and applied sci22 entific research, development, test and evaluation, includ23 ing maintenance, rehabilitation, lease, and operation of fa24 cilities and equipment, $17,654,518,000, to remain avail25 able for obligation until September 30, 2008: Provided, 


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1 That funds appropriated in this paragraph which are 

2 available for the V–22 may be used to meet unique oper3 ational requirements of the Special Operations Forces: 

4 Provided further, That funds appropriated in this para5 graph shall be available for the Cobra Judy program. 

6 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

7 AIR FORCE

8 For expenses necessary for basic and applied sci9 entific research, development, test and evaluation, includ10 ing maintenance, rehabilitation, lease, and operation of fa11 cilities and equipment, $24,457,062,000, to remain avail12 able for obligation until September 30, 2008. 

13 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

14 DEFENSE-WIDE

15 For expenses of activities and agencies of the Depart16 ment of Defense (other than the military departments), 

17 necessary for basic and applied scientific research, devel18 opment, test and evaluation; advanced research projects 

19 as may be designated and determined by the Secretary 

20 of Defense, pursuant to law; maintenance, rehabilitation, 

21 lease, and operation of facilities and equipment, 

22 $21,208,264,000, to remain available for obligation until 

23 September 30, 2008. 


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1 OPERATIONAL TEST AND EVALUATION, DEFENSE

2 For expenses, not otherwise provided for, necessary 

3 for the independent activities of the Director, Operational 

4 Test and Evaluation, in the direction and supervision of 

5 operational test and evaluation, including initial oper6 ational test and evaluation which is conducted prior to, 

7 and in support of, production decisions; joint operational 

8 testing and evaluation; and administrative expenses in 

9 connection therewith, $181,520,000, to remain available 

10 for obligation until September 30, 2008. 

11 TITLE V 

12 REVOLVING AND MANAGEMENT FUNDS 

13 DEFENSE WORKING CAPITAL FUNDS

14 For the Defense Working Capital Funds, 

15 $1,345,998,000. 

16 NATIONAL DEFENSE SEALIFT FUND

17 For National Defense Sealift Fund programs, 

18 projects, and activities, and for expenses of the National 

19 Defense Reserve Fleet, as established by section 11 of the 

20 Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744), 

21 and for the necessary expenses to maintain and preserve 

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

23 needs of the United States, $1,071,932,000, to remain 

24 available until expended: Provided, That none of the funds 

25 provided in this paragraph shall be used to award a new 


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1 contract that provides for the acquisition of any of the 

2 following major components unless such components are 

3 manufactured in the United States: auxiliary equipment, 

4 including pumps, for all shipboard services; propulsion 

5 system components (that is; engines, reduction gears, and 

6 propellers); shipboard cranes; and spreaders for shipboard 

7 cranes: Provided further, That the exercise of an option 

8 in a contract awarded through the obligation of previously 

9 appropriated funds shall not be considered to be the award 

10 of a new contract: Provided further, That the Secretary 

11 of the military department responsible for such procure12 ment may waive the restrictions in the first proviso on 

13 a case-by-case basis by certifying in writing to the Com14 mittees on Appropriations of the House of Representatives 

15 and the Senate that adequate domestic supplies are not 

16 available to meet Department of Defense requirements on 

17 a timely basis and that such an acquisition must be made 

18 in order to acquire capability for national security pur19 poses. 

20 PENTAGON RESERVATION MAINTENANCE REVOLVING

21 FUND

22 For the Pentagon Reservation Maintenance Revolv23 ing Fund, $18,500,000, to remain available until Sep24 tember 30, 2011. 


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1 TITLE VI 

2 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

3 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

4 ARMY

5 For expenses, not otherwise provided for, necessary 

6 for the destruction of the United States stockpile of lethal 

7 chemical agents and munitions, to include construction of 

8 facilities, in accordance with the provisions of section 1412 

9 of the Department of Defense Authorization Act, 1986 

10 (50 U.S.C. 1521), and for the destruction of other chem11 ical warfare materials that are not in the chemical weapon 

12 stockpile, $1,277,304,000, of which $1,046,290,000 shall 

13 be for Operation and maintenance; $231,014,000 shall be 

14 for Research, development, test and evaluation, of which 

15 $215,944,000 shall only be for the Assembled Chemical 

16 Weapons Alternatives (ACWA) program, to remain avail17 able until September 30, 2008; and no less than 

18 $111,283,000 shall be for the Chemical Stockpile Emer19 gency Preparedness Program to remain available until 

20 September 30, 2008. 

21 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

22 DEFENSE

23 (INCLUDING TRANSFER OF FUNDS) 

24 For drug interdiction and counter-drug activities of 

25 the Department of Defense, for transfer to appropriations 


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1 available to the Department of Defense for military per2 sonnel of the reserve components serving under the provi3 sions of title 10 and title 32, United States Code; for Op4 eration and maintenance; for Procurement; and for Re5 search, development, test and evaluation, $936,990,000: 

6 Provided, That the funds appropriated under this heading 

7 shall be available for obligation for the same time period 

8 and for the same purpose as the appropriation to which 

9 transferred: Provided further, That upon a determination 

10 that all or part of the funds transferred from this appro11 priation are not necessary for the purposes provided here12 in, such amounts may be transferred back to this appro13 priation: Provided further, That the transfer authority pro14 vided under this heading is in addition to any other trans15 fer authority contained elsewhere in this Act. 

16 OFFICE OF THE INSPECTOR GENERAL

17 For expenses and activities of the Office of the In18 spector General in carrying out the provisions of the In19 spector General Act of 1978, as amended, $216,297,000, 

20 of which $214,897,000 shall be for Operation and mainte21 nance, of which not to exceed $700,000 is available for 

22 emergencies and extraordinary expenses to be expended on 

23 the approval or authority of the Inspector General, and 

24 payments may be made on the Inspector General’s certifi25 cate of necessity for confidential military purposes; and 


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1 of which $1,400,000, to remain available until September 

2 30, 2009, shall be for Procurement. 

3 TITLE VII 

4 RELATED AGENCIES 

5 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

6 DISABILITY SYSTEM FUND

7 For payment to the Central Intelligence Agency Re8 tirement and Disability System Fund, to maintain the 

9 proper funding level for continuing the operation of the 

10 Central Intelligence Agency Retirement and Disability 

11 System, $256,400,000. 

12 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

13 (INCLUDING TRANSFER OF FUNDS) 

14 For necessary expenses of the Intelligence Commu15 nity Management Account, $597,111,000, of which 

16 $27,454,000 for the Advanced Research and Development 

17 Committee shall remain available until September 30, 

18 2008: Provided, That of the funds appropriated under this 

19 heading, $39,000,000 shall be transferred to the Depart20 ment of Justice for the National Drug Intelligence Center 

21 to support the Department of Defense’s counter-drug in22 telligence responsibilities, and of the said amount, 

23 $1,500,000 for Procurement shall remain available until 

24 September 30, 2009 and $1,000,000 for Research, devel25 opment, test and evaluation shall remain available until 


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1 September 30, 2008: Provided further, That the National 

2 Drug Intelligence Center shall maintain the personnel and 

3 technical resources to provide timely support to law en4 forcement authorities and the intelligence community by 

5 conducting document and computer exploitation of mate6 rials collected in Federal, State, and local law enforcement 

7 activity associated with counter-drug, counter-terrorism, 

8 and national security investigations and operations. 

9 TITLE VIII 

10 GENERAL PROVISIONS 

11 SEC. 8001. No part of any appropriation contained 

12 in this Act shall be used for publicity or propaganda pur13 poses not authorized by the Congress. 

14 SEC. 8002. During the current fiscal year, provisions 

15 of law prohibiting the payment of compensation to, or em16 ployment of, any person not a citizen of the United States 

17 shall not apply to personnel of the Department of Defense: 

18 Provided, That salary increases granted to direct and indi19 rect hire foreign national employees of the Department of 

20 Defense funded by this Act shall not be at a rate in excess 

21 of the percentage increase authorized by law for civilian 

22 employees of the Department of Defense whose pay is 

23 computed under the provisions of section 5332 of title 5, 

24 United States Code, or at a rate in excess of the percent25 age increase provided by the appropriate host nation to 


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1 its own employees, whichever is higher: Provided further, 

2 That this section shall not apply to Department of De3 fense foreign service national employees serving at United 

4 States diplomatic missions whose pay is set by the Depart5 ment of State under the Foreign Service Act of 1980: Pro6 vided further, That the limitations of this provision shall 

7 not apply to foreign national employees of the Department 

8 of Defense in the Republic of Turkey. 

9 SEC. 8003. No part of any appropriation contained 

10 in this Act shall remain available for obligation beyond 

11 the current fiscal year, unless expressly so provided herein. 

12 SEC. 8004. No more than 20 percent of the appro13 priations in this Act which are limited for obligation dur14 ing the current fiscal year shall be obligated during the 

15 last 2 months of the fiscal year: Provided, That this sec16 tion shall not apply to obligations for support of active 

17 duty training of reserve components or summer camp 

18 training of the Reserve Officers’ Training Corps. 

19 (TRANSFER OF FUNDS) 

20 SEC. 8005. Upon determination by the Secretary of 

21 Defense that such action is necessary in the national inter22 est, he may, with the approval of the Office of Manage23 ment and Budget, transfer not to exceed $4,750,000,000 

24 of working capital funds of the Department of Defense 

25 or funds made available in this Act to the Department 


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1 of Defense for military functions (except military con2 struction) between such appropriations or funds or any 

3 subdivision thereof, to be merged with and to be available 

4 for the same purposes, and for the same time period, as 

5 the appropriation or fund to which transferred: Provided, 

6 That such authority to transfer may not be used unless 

7 for higher priority items, based on unforeseen military re8 quirements, than those for which originally appropriated 

9 and in no case where the item for which funds are re10 quested has been denied by the Congress: Provided further, 

11 That the Secretary of Defense shall notify the Congress 

12 promptly of all transfers made pursuant to this authority 

13 or any other authority in this Act: Provided further, That 

14 no part of the funds in this Act shall be available to pre15 pare or present a request to the Committees on Appropria16 tions for reprogramming of funds, unless for higher pri17 ority items, based on unforeseen military requirements, 

18 than those for which originally appropriated and in no 

19 case where the item for which reprogramming is requested 

20 has been denied by the Congress: Provided further, That 

21 a request for multiple reprogrammings of funds using au22 thority provided in this section must be made prior to 

23 June 30, 2007: Provided further, That transfers among 

24 military personnel appropriations shall not be taken into 


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1 account for purposes of the limitation on the amount of 

2 funds that may be transferred under this section. 

3 (TRANSFER OF FUNDS) 

4 SEC. 8006. During the current fiscal year, cash bal5 ances in working capital funds of the Department of De6 fense established pursuant to section 2208 of title 10, 

7 United States Code, may be maintained in only such 

8 amounts as are necessary at any time for cash disburse9 ments to be made from such funds: Provided, That trans10 fers may be made between such funds: Provided further, 

11 That transfers may be made between working capital 

12 funds and the ‘‘Foreign Currency Fluctuations, Defense’’ 

13 appropriation and the ‘‘Operation and Maintenance’’ ap14 propriation accounts in such amounts as may be deter15 mined by the Secretary of Defense, with the approval of 

16 the Office of Management and Budget, except that such 

17 transfers may not be made unless the Secretary of Defense 

18 has notified the Congress of the proposed transfer. Except 

19 in amounts equal to the amounts appropriated to working 

20 capital funds in this Act, no obligations may be made 

21 against a working capital fund to procure or increase the 

22 value of war reserve material inventory, unless the Sec23 retary of Defense has notified the Congress prior to any 

24 such obligation. 


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1 SEC. 8007. Funds appropriated by this Act may not 

2 be used to initiate a special access program without prior 

3 notification 30 calendar days in advance to the congres4 sional defense committees. 

5 SEC. 8008. None of the funds provided in this Act 

6 shall be available to initiate: (1) a multiyear contract that 

7 employs economic order quantity procurement in excess of 

8 $20,000,000 in any 1 year of the contract or that includes 

9 an unfunded contingent liability in excess of $20,000,000; 

10 or (2) a contract for advance procurement leading to a 

11 multiyear contract that employs economic order quantity 

12 procurement in excess of $20,000,000 in any 1 year, un13 less the congressional defense committees have been noti14 fied at least 30 days in advance of the proposed contract 

15 award: Provided, That no part of any appropriation con16 tained in this Act shall be available to initiate a multiyear 

17 contract for which the economic order quantity advance 

18 procurement is not funded at least to the limits of the 

19 Government’s liability: Provided further, That no part of 

20 any appropriation contained in this Act shall be available 

21 to initiate multiyear procurement contracts for any sys22 tems or component thereof if the value of the multiyear 

23 contract would exceed $500,000,000 unless specifically 

24 provided in this Act: Provided further, That no multiyear 

25 procurement contract can be terminated without 10-day 


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1 prior notification to the congressional defense committees: 

2 Provided further, That the execution of multiyear author3 ity shall require the use of a present value analysis to de4 termine lowest cost compared to an annual procurement: 

5 Provided further, That none of the funds provided in this 

6 Act may be used for a multiyear contract executed after 

7 the date of the enactment of this Act unless in the case 

8 of any such contract— 

9 (1) the Secretary of Defense has submitted to 

10 Congress a budget request for full funding of units 

11 to be procured through the contract and, in the case 

12 of a contract for procurement of aircraft, that in13 cludes, for any aircraft unit to be procured through 

14 the contract for which procurement funds are re15 quested in that budget request for production be16 yond advance procurement activities in the fiscal 

17 year covered by the budget, full funding of procure18 ment of such unit in that fiscal year; 

19 (2) cancellation provisions in the contract do 

20 not include consideration of recurring manufacturing 

21 costs of the contractor associated with the produc22 tion of unfunded units to be delivered under the con23 tract; 


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1 (3) the contract provides that payments to the 

2 contractor under the contract shall not be made in 

3 advance of incurred costs on funded units; and 

4 (4) the contract does not provide for a price ad5 justment based on a failure to award a follow-on 

6 contract. 

7 Funds appropriated in title III of this Act may be 

8 used for a multiyear procurement contract as follows: 

9 C–17 Globemaster; MH–60R Helicopters; MH–60R 

10 Helicopter mission equipment; and V–22 Osprey. 

11 SEC. 8009. Within the funds appropriated for the op12 eration and maintenance of the Armed Forces, funds are 

13 hereby appropriated pursuant to section 401 of title 10, 

14 United States Code, for humanitarian and civic assistance 

15 costs under chapter 20 of title 10, United States Code. 

16 Such funds may also be obligated for humanitarian and 

17 civic assistance costs incidental to authorized operations 

18 and pursuant to authority granted in section 401 of chap19 ter 20 of title 10, United States Code, and these obliga20 tions shall be reported as required by section 401(d) of 

21 title 10, United States Code: Provided, That funds avail22 able for operation and maintenance shall be available for 

23 providing humanitarian and similar assistance by using 

24 Civic Action Teams in the Trust Territories of the Pacific 

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1 ant to the Compact of Free Association as authorized by 

2 Public Law 99–239: Provided further, That upon a deter3 mination by the Secretary of the Army that such action 

4 is beneficial for graduate medical education programs con5 ducted at Army medical facilities located in Hawaii, the 

6 Secretary of the Army may authorize the provision of med7 ical services at such facilities and transportation to such 

8 facilities, on a nonreimbursable basis, for civilian patients 

9 from American Samoa, the Commonwealth of the North10 ern Mariana Islands, the Marshall Islands, the Federated 

11 States of Micronesia, Palau, and Guam. 

12 SEC. 8010. (a) During fiscal year 2007, the civilian 

13 personnel of the Department of Defense may not be man14 aged on the basis of any end-strength, and the manage15 ment of such personnel during that fiscal year shall not 

16 be subject to any constraint or limitation (known as an 

17 end-strength) on the number of such personnel who may 

18 be employed on the last day of such fiscal year. 

19 (b) The fiscal year 2008 budget request for the De20 partment of Defense as well as all justification material 

21 and other documentation supporting the fiscal year 2008 

22 Department of Defense budget request shall be prepared 

23 and submitted to the Congress as if subsections (a) and 

24 (b) of this provision were effective with regard to fiscal 

25 year 2007. 


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1 (c) Nothing in this section shall be construed to apply 

2 to military (civilian) technicians. 

3 SEC. 8011. None of the funds made available by this 

4 Act shall be used in any way, directly or indirectly, to in5 fluence congressional action on any legislation or appro6 priation matters pending before the Congress. 

7 SEC. 8012. None of the funds appropriated by this 

8 Act shall be available for the basic pay and allowances of 

9 any member of the Army participating as a full-time stu10 dent and receiving benefits paid by the Secretary of Vet11 erans Affairs from the Department of Defense Education 

12 Benefits Fund when time spent as a full-time student is 

13 credited toward completion of a service commitment: Pro14 vided, That this section shall not apply to those members 

15 who have reenlisted with this option prior to October 1, 

16 1987: Provided further, That this section applies only to 

17 active components of the Army. 

18 SEC. 8013. (a) LIMITATION ON CONVERSION TO

19 CONTRACTOR PERFORMANCE.—None of the funds appro20 priated by this Act shall be available to convert to con21 tractor performance an activity or function of the Depart22 ment of Defense that, on or after the date of the enact23 ment of this Act, is performed by more than 10 Depart24 ment of Defense civilian employees unless— 


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1 (1) the conversion is based on the result of a 

2 public-private competition that includes a most effi3 cient and cost effective organization plan developed 

4 by such activity or function; 

5 (2) the Competitive Sourcing Official deter6 mines that, over all performance periods stated in 

7 the solicitation of offers for performance of the ac8 tivity or function, the cost of performance of the ac9 tivity or function by a contractor would be less costly 

10 to the Department of Defense by an amount that 

11 equals or exceeds the lesser of— 

12 (A) 10 percent of the most efficient organi13 zation’s personnel-related costs for performance 

14 of that activity or function by Federal employ15 ees; or 

16 (B) $10,000,000; and 

17 (3) the contractor does not receive an advan18 tage for a proposal that would reduce costs for the 

19 Department of Defense by— 

20 (A) not making an employer-sponsored 

21 health insurance plan available to the workers 

22 who are to be employed in the performance of 

23 that activity or function under the contract; or 

24 (B) offering to such workers an employer25 sponsored health benefits plan that requires the 


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1 employer to contribute less towards the pre2 mium or subscription share than the amount 

3 that is paid by the Department of Defense for 

4 health benefits for civilian employees under 

5 chapter 89 of title 5, United States Code. 

6 (b) EXCEPTIONS.— 

7 (1) The Department of Defense, without regard 

8 to subsection (a) of this section or subsections (a), 

9 (b), or (c) of section 2461 of title 10, United States 

10 Code, and notwithstanding any administrative regu11 lation, requirement, or policy to the contrary shall 

12 have full authority to enter into a contract for the 

13 performance of any commercial or industrial type 

14 function of the Department of Defense that— 

15 (A) is included on the procurement list es16 tablished pursuant to section 2 of the Javits17 Wagner-O’Day Act (41 U.S.C. 47); 

18 (B) is planned to be converted to perform19 ance by a qualified nonprofit agency for the 

20 blind or by a qualified nonprofit agency for 

21 other severely handicapped individuals in ac22 cordance with that Act; or 

23 (C) is planned to be converted to perform24 ance by a qualified firm under at least 51 per25 cent ownership by an Indian tribe, as defined in 


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1 section 4(e) of the Indian Self-Determination 

2 and Education Assistance Act (25 U.S.C. 

3 450b(e)), or a Native Hawaiian Organization, 

4 as defined in section 8(a)(15) of the Small 

5 Business Act (15 U.S.C. 637(a)(15)). 

6 (2) This section shall not apply to depot con7 tracts or contracts for depot maintenance as pro8 vided in sections 2469 and 2474 of title 10, United 

9 States Code. 

10 (c) TREATMENT OF CONVERSION.—The conversion 

11 of any activity or function of the Department of Defense 

12 under the authority provided by this section shall be cred13 ited toward any competitive or outsourcing goal, target, 

14 or measurement that may be established by statute, regu15 lation, or policy and is deemed to be awarded under the 

16 authority of, and in compliance with, subsection (h) of sec17 tion 2304 of title 10, United States Code, for the competi18 tion or outsourcing of commercial activities. 

19 (TRANSFER OF FUNDS) 

20 SEC. 8014. Funds appropriated in title III of this Act 

21 for the Department of Defense Pilot Mentor-Protege Pro22 gram may be transferred to any other appropriation con23 tained in this Act solely for the purpose of implementing 

24 a Mentor-Protege Program developmental assistance 

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1 fense Authorization Act for Fiscal Year 1991 (Public Law 

2 101–510; 10 U.S.C. 2302 note), as amended, under the 

3 authority of this provision or any other transfer authority 

4 contained in this Act. 

5 SEC. 8015. None of the funds in this Act may be 

6 available for the purchase by the Department of Defense 

7 (and its departments and agencies) of welded shipboard 

8 anchor and mooring chain 4 inches in diameter and under 

9 unless the anchor and mooring chain are manufactured 

10 in the United States from components which are substan11 tially manufactured in the United States: Provided, That 

12 for the purpose of this section manufactured will include 

13 cutting, heat treating, quality control, testing of chain and 

14 welding (including the forging and shot blasting process): 

15 Provided further, That for the purpose of this section sub16 stantially all of the components of anchor and mooring 

17 chain shall be considered to be produced or manufactured 

18 in the United States if the aggregate cost of the compo19 nents produced or manufactured in the United States ex20 ceeds the aggregate cost of the components produced or 

21 manufactured outside the United States: Provided further, 

22 That when adequate domestic supplies are not available 

23 to meet Department of Defense requirements on a timely 

24 basis, the Secretary of the service responsible for the pro25 curement may waive this restriction on a case-by-case 


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1 basis by certifying in writing to the Committees on Appro2 priations that such an acquisition must be made in order 

3 to acquire capability for national security purposes. 

4 SEC. 8016. None of the funds available to the De5 partment of Defense may be used to demilitarize or dis6 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, 

7 .22 caliber rifles, .30 caliber rifles, or M–1911 pistols. 

8 SEC. 8017. No more than $500,000 of the funds ap9 propriated or made available in this Act shall be used dur10 ing a single fiscal year for any single relocation of an orga11 nization, unit, activity or function of the Department of 

12 Defense into or within the National Capital Region: Pro13 vided, That the Secretary of Defense may waive this re14 striction on a case-by-case basis by certifying in writing 

15 to the congressional defense committees that such a relo16 cation is required in the best interest of the Government. 

17 SEC. 8018. In addition to the funds provided else18 where in this Act, $8,000,000 is appropriated only for in19 centive payments authorized by section 504 of the Indian 

20 Financing Act of 1974 (25 U.S.C. 1544): Provided, That 

21 a prime contractor or a subcontractor at any tier that 

22 makes a subcontract award to any subcontractor or sup23 plier as defined in section 1544 of title 25, United States 

24 Code or a small business owned and controlled by an indi25 vidual or individuals defined under section 4221(9) of title 


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1 25, United States Code shall be considered a contractor 

2 for the purposes of being allowed additional compensation 

3 under section 504 of the Indian Financing Act of 1974 

4 (25 U.S.C. 1544) whenever the prime contract or sub5 contract amount is over $500,000 and involves the ex6 penditure of funds appropriated by an Act making Appro7 priations for the Department of Defense with respect to 

8 any fiscal year: Provided further, That notwithstanding 

9 section 430 of title 41, United States Code, this section 

10 shall be applicable to any Department of Defense acquisi11 tion of supplies or services, including any contract and any 

12 subcontract at any tier for acquisition of commercial items 

13 produced or manufactured, in whole or in part by any sub14 contractor or supplier defined in section 1544 of title 25, 

15 United States Code or a small business owned and con16 trolled by an individual or individuals defined under sec17 tion 4221(9) of title 25, United States Code: Provided fur18 ther, That, during the current fiscal year and hereafter, 

19 businesses certified as 8(a) by the Small Business Admin20 istration pursuant to section 8(a)(15) of Public Law 85– 

21 536, as amended, shall have the same status as other pro22 gram participants under section 602 of Public Law 100– 

23 656, 102 Stat. 3825 (Business Opportunity Development 

24 Reform Act of 1988) for purposes of contracting with 

25 agencies of the Department of Defense. 


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1 SEC. 8019. None of the funds appropriated by this 

2 Act shall be available to perform any cost study pursuant 

3 to the provisions of OMB Circular A–76 if the study being 

4 performed exceeds a period of 24 months after initiation 

5 of such study with respect to a single function activity or 

6 30 months after initiation of such study for a multi-func7 tion activity. 

8 SEC. 8020. Funds appropriated by this Act for the 

9 American Forces Information Service shall not be used for 

10 any national or international political or psychological ac11 tivities. 

12 SEC. 8021. During the current fiscal year, the De13 partment of Defense is authorized to incur obligations of 

14 not to exceed $350,000,000 for purposes specified in sec15 tion 2350j(c) of title 10, United States Code, in anticipa16 tion of receipt of contributions, only from the Government 

17 of Kuwait, under that section: Provided, That upon re18 ceipt, such contributions from the Government of Kuwait 

19 shall be credited to the appropriations or fund which in20 curred such obligations. 

21 SEC. 8022. (a) Of the funds made available in this 

22 Act, not less than $36,188,000 shall be available for the 

23 Civil Air Patrol Corporation, of which— 

24 (1) $25,087,000 shall be available from ‘‘Oper25 ation and Maintenance, Air Force’’ to support Civil 


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1 Air Patrol Corporation operation and maintenance, 

2 readiness, counterdrug activities, and drug demand 

3 reduction activities involving youth programs; 

4 (2) $10,193,000 shall be available from ‘‘Air5 craft Procurement, Air Force’’; and 

6 (3) $908,000 shall be available from ‘‘Other 

7 Procurement, Air Force’’ for vehicle procurement. 

8 (b) The Secretary of the Air Force should waive reim9 bursement for any funds used by the Civil Air Patrol for 

10 counter-drug activities in support of Federal, State, and 

11 local government agencies. 

12 SEC. 8023. (a) None of the funds appropriated in this 

13 Act are available to establish a new Department of De14 fense (department) federally funded research and develop15 ment center (FFRDC), either as a new entity, or as a 

16 separate entity administrated by an organization man17 aging another FFRDC, or as a nonprofit membership cor18 poration consisting of a consortium of other FFRDCs and 

19 other non-profit entities. 

20 (b) No member of a Board of Directors, Trustees, 

21 Overseers, Advisory Group, Special Issues Panel, Visiting 

22 Committee, or any similar entity of a defense FFRDC, 

23 and no paid consultant to any defense FFRDC, except 

24 when acting in a technical advisory capacity, may be com25 pensated for his or her services as a member of such entiVerDate Aug 31 2005 22:25 Jun 16, 2006 Jkt 049196 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H5631.RH H5631

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1 ty, or as a paid consultant by more than one FFRDC in 

2 a fiscal year: Provided, That a member of any such entity 

3 referred to previously in this subsection shall be allowed 

4 travel expenses and per diem as authorized under the Fed5 eral Joint Travel Regulations, when engaged in the per6 formance of membership duties. 

7 (c) Notwithstanding any other provision of law, none 

8 of the funds available to the department from any source 

9 during fiscal year 2007 may be used by a defense FFRDC, 

10 through a fee or other payment mechanism, for construc11 tion of new buildings, for payment of cost sharing for 

12 projects funded by Government grants, for absorption of 

13 contract overruns, or for certain charitable contributions, 

14 not to include employee participation in community service 

15 and/or development. 

16 (d) Notwithstanding any other provision of law, of 

17 the funds available to the department during fiscal year 

18 2007, not more than 5,417 staff years of technical effort 

19 (staff years) may be funded for defense FFRDCs: Pro20 vided, That this subsection shall not apply to staff years 

21 funded in the National Intelligence Program (NIP) and 

22 the Military Intelligence Program (MIP). 

23 (e) The Secretary of Defense shall, with the submis24 sion of the department’s fiscal year 2008 budget request, 

25 submit a report presenting the specific amounts of staff 


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1 years of technical effort to be allocated for each defense 

2 FFRDC during that fiscal year. 

3 (f) Notwithstanding any other provision of this Act, 

4 the total amount appropriated in this Act for FFRDCs 

5 is hereby reduced by $25,000,000. 

6 SEC. 8024. None of the funds appropriated or made 

7 available in this Act shall be used to procure carbon, alloy 

8 or armor steel plate for use in any Government-owned fa9 cility or property under the control of the Department of 

10 Defense which were not melted and rolled in the United 

11 States or Canada: Provided, That these procurement re12 strictions shall apply to any and all Federal Supply Class 

13 9515, American Society of Testing and Materials (ASTM) 

14 or American Iron and Steel Institute (AISI) specifications 

15 of carbon, alloy or armor steel plate: Provided further, 

16 That the Secretary of the military department responsible 

17 for the procurement may waive this restriction on a case18 by-case basis by certifying in writing to the Committees 

19 on Appropriations of the House of Representatives and the 

20 Senate that adequate domestic supplies are not available 

21 to meet Department of Defense requirements on a timely 

22 basis and that such an acquisition must be made in order 

23 to acquire capability for national security purposes: Pro24 vided further, That these restrictions shall not apply to 


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1 contracts which are in being as of the date of the enact2 ment of this Act. 

3 SEC. 8025. For the purposes of this Act, the term 

4 ‘‘congressional defense committees’’ means the Armed 

5 Services Committee of the House of Representatives, the 

6 Armed Services Committee of the Senate, the Sub7 committee on Defense of the Committee on Appropriations 

8 of the Senate, and the Subcommittee on Defense of the 

9 Committee on Appropriations of the House of Representa10 tives. 

11 SEC. 8026. During the current fiscal year, the De12 partment of Defense may acquire the modification, depot 

13 maintenance and repair of aircraft, vehicles and vessels 

14 as well as the production of components and other De15 fense-related articles, through competition between De16 partment of Defense depot maintenance activities and pri17 vate firms: Provided, That the Senior Acquisition Execu18 tive of the military department or Defense Agency con19 cerned, with power of delegation, shall certify that success20 ful bids include comparable estimates of all direct and in21 direct costs for both public and private bids: Provided fur22 ther, That Office of Management and Budget Circular A– 

23 76 shall not apply to competitions conducted under this 

24 section. 


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1 SEC. 8027. (a)(1) If the Secretary of Defense, after 

2 consultation with the United States Trade Representative, 

3 determines that a foreign country which is party to an 

4 agreement described in paragraph (2) has violated the 

5 terms of the agreement by discriminating against certain 

6 types of products produced in the United States that are 

7 covered by the agreement, the Secretary of Defense shall 

8 rescind the Secretary’s blanket waiver of the Buy Amer9 ican Act with respect to such types of products produced 

10 in that foreign country. 

11 (2) An agreement referred to in paragraph (1) is any 

12 reciprocal defense procurement memorandum of under13 standing, between the United States and a foreign country 

14 pursuant to which the Secretary of Defense has prospec15 tively waived the Buy American Act for certain products 

16 in that country. 

17 (b) The Secretary of Defense shall submit to the Con18 gress a report on the amount of Department of Defense 

19 purchases from foreign entities in fiscal year 2007. Such 

20 report shall separately indicate the dollar value of items 

21 for which the Buy American Act was waived pursuant to 

22 any agreement described in subsection (a)(2), the Trade 

23 Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any 

24 international agreement to which the United States is a 

25 party. 


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1 (c) For purposes of this section, the term ‘‘Buy 

2 American Act’’ means title III of the Act entitled ‘‘An Act 

3 making appropriations for the Treasury and Post Office 

4 Departments for the fiscal year ending June 30, 1934, 

5 and for other purposes’’, approved March 3, 1933 (41 

6 U.S.C. 10a et seq.). 

7 SEC. 8028. Notwithstanding any other provision of 

8 law, funds available during the current fiscal year and 

9 hereafter for ‘‘Drug Interdiction and Counter-Drug Activi10 ties, Defense’’ may be obligated for the Young Marines 

11 program. 

12 SEC. 8029. During the current fiscal year, amounts 

13 contained in the Department of Defense Overseas Military 

14 Facility Investment Recovery Account established by sec15 tion 2921(c)(1) of the National Defense Authorization Act 

16 of 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall 

17 be available until expended for the payments specified by 

18 section 2921(c)(2) of that Act. 

19 SEC. 8030. (a) IN GENERAL.—Notwithstanding any 

20 other provision of law, the Secretary of the Air Force may 

21 convey at no cost to the Air Force, without consideration, 

22 to Indian tribes located in the States of North Dakota, 

23 South Dakota, Montana, and Minnesota relocatable mili24 tary housing units located at Grand Forks Air Force Base 


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1 and Minot Air Force Base that are excess to the needs 

2 of the Air Force. 

3 (b) PROCESSING OF REQUESTS.—The Secretary of 

4 the Air Force shall convey, at no cost to the Air Force, 

5 military housing units under subsection (a) in accordance 

6 with the request for such units that are submitted to the 

7 Secretary by the Operation Walking Shield Program on 

8 behalf of Indian tribes located in the States of North Da9 kota, South Dakota, Montana, and Minnesota. 

10 (c) RESOLUTION OF HOUSING UNIT CONFLICTS.— 

11 The Operation Walking Shield Program shall resolve any 

12 conflicts among requests of Indian tribes for housing units 

13 under subsection (a) before submitting requests to the 

14 Secretary of the Air Force under subsection (b). 

15 (d) INDIAN TRIBE DEFINED.—In this section, the 

16 term ‘‘Indian tribe’’ means any recognized Indian tribe in17 cluded on the current list published by the Secretary of 

18 the Interior under section 104 of the Federally Recognized 

19 Indian Tribe Act of 1994 (Public Law 103–454; 108 Stat. 

20 4792; 25 U.S.C. 479a–1). 

21 SEC. 8031. During the current fiscal year, appropria22 tions which are available to the Department of Defense 

23 for operation and maintenance may be used to purchase 

24 items having an investment item unit cost of not more 

25 than $250,000. 


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1 SEC. 8032. (a) During the current fiscal year, none 

2 of the appropriations or funds available to the Department 

3 of Defense Working Capital Funds shall be used for the 

4 purchase of an investment item for the purpose of acquir5 ing a new inventory item for sale or anticipated sale dur6 ing the current fiscal year or a subsequent fiscal year to 

7 customers of the Department of Defense Working Capital 

8 Funds if such an item would not have been chargeable 

9 to the Department of Defense Business Operations Fund 

10 during fiscal year 1994 and if the purchase of such an 

11 investment item would be chargeable during the current 

12 fiscal year to appropriations made to the Department of 

13 Defense for procurement. 

14 (b) The fiscal year 2008 budget request for the De15 partment of Defense as well as all justification material 

16 and other documentation supporting the fiscal year 2008 

17 Department of Defense budget shall be prepared and sub18 mitted to the Congress on the basis that any equipment 

19 which was classified as an end item and funded in a pro20 curement appropriation contained in this Act shall be 

21 budgeted for in a proposed fiscal year 2008 procurement 

22 appropriation and not in the supply management business 

23 area or any other area or category of the Department of 

24 Defense Working Capital Funds. 


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1 SEC. 8033. None of the funds appropriated by this 

2 Act for programs of the Central Intelligence Agency shall 

3 remain available for obligation beyond the current fiscal 

4 year, except for funds appropriated for the Reserve for 

5 Contingencies, which shall remain available until Sep6 tember 30, 2008: Provided, That funds appropriated, 

7 transferred, or otherwise credited to the Central Intel8 ligence Agency Central Services Working Capital Fund 

9 during this or any prior or subsequent fiscal year shall 

10 remain available until expended: Provided further, That 

11 any funds appropriated or transferred to the Central Intel12 ligence Agency for advanced research and development ac13 quisition, for agent operations, and for covert action pro14 grams authorized by the President under section 503 of 

15 the National Security Act of 1947, as amended, shall re16 main available until September 30, 2008. 

17 SEC. 8034. Notwithstanding any other provision of 

18 law, funds made available in this Act for the Defense In19 telligence Agency may be used for the design, develop20 ment, and deployment of General Defense Intelligence 

21 Program intelligence communications and intelligence in22 formation systems for the Services, the Unified and Speci23 fied Commands, and the component commands. 

24 SEC. 8035. (a) None of the funds appropriated in this 

25 Act may be expended by an entity of the Department of 


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1 Defense unless the entity, in expending the funds, com2 plies with the Buy American Act. For purposes of this 

3 subsection, the term ‘‘Buy American Act’’ means title III 

4 of the Act entitled ‘‘An Act making appropriations for the 

5 Treasury and Post Office Departments for the fiscal year 

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

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

8 (b) If the Secretary of Defense determines that a per9 son has been convicted of intentionally affixing a label 

10 bearing a ‘‘Made in America’’ inscription to any product 

11 sold in or shipped to the United States that is not made 

12 in America, the Secretary shall determine, in accordance 

13 with section 2410f of title 10, United States Code, wheth14 er the person should be debarred from contracting with 

15 the Department of Defense. 

16 (c) In the case of any equipment or products pur17 chased with appropriations provided under this Act, it is 

18 the sense of the Congress that any entity of the Depart19 ment of Defense, in expending the appropriation, purchase 

20 only American-made equipment and products, provided 

21 that American-made equipment and products are cost22 competitive, quality-competitive, and available in a timely 

23 fashion. 

24 SEC. 8036. None of the funds appropriated by this 

25 Act shall be available for a contract for studies, analysis, 


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1 or consulting services entered into without competition on 

2 the basis of an unsolicited proposal unless the head of the 

3 activity responsible for the procurement determines— 

4 (1) as a result of thorough technical evaluation, 

5 only one source is found fully qualified to perform 

6 the proposed work; 

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

8 unsolicited proposal which offers significant sci9 entific or technological promise, represents the prod10 uct of original thinking, and was submitted in con11 fidence by one source; or 

12 (3) the purpose of the contract is to take ad13 vantage of unique and significant industrial accom14 plishment by a specific concern, or to insure that a 

15 new product or idea of a specific concern is given fi16 nancial support: Provided, That this limitation shall 

17 not apply to contracts in an amount of less than 

18 $25,000, contracts related to improvements of equip19 ment that is in development or production, or con20 tracts as to which a civilian official of the Depart21 ment of Defense, who has been confirmed by the 

22 Senate, determines that the award of such contract 

23 is in the interest of the national defense. 


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1 SEC. 8037. (a) Except as provided in subsection (b) 

2 and (c), none of the funds made available by this Act may 

3 be used— 

4 (1) to establish a field operating agency; or 

5 (2) to pay the basic pay of a member of the 

6 Armed Forces or civilian employee of the depart7 ment who is transferred or reassigned from a head8 quarters activity if the member or employee’s place 

9 of duty remains at the location of that headquarters. 

10 (b) The Secretary of Defense or Secretary of a mili11 tary department may waive the limitations in subsection 

12 (a), on a case-by-case basis, if the Secretary determines, 

13 and certifies to the Committees on Appropriations of the 

14 House of Representatives and Senate that the granting 

15 of the waiver will reduce the personnel requirements or 

16 the financial requirements of the department. 

17 (c) This section does not apply to— 

18 (1) field operating agencies funded within the 

19 National Intelligence Program; or 

20 (2) an Army field operating agency established 

21 to eliminate, mitigate, or counter the effects of im22 provised explosive devices, and, as determined by the 

23 Secretary of the Army, other similar threats. 

24 SEC. 8038. The Secretary of Defense, acting through 

25 the Office of Economic Adjustment of the Department of 


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1 Defense, notwithstanding any other provision of law, may 

2 use funds made available in this Act under the heading 

3 ‘‘Operation and Maintenance, Defense-Wide’’ to make 

4 grants and supplement other Federal funds in accordance 

5 with the guidance provided in the House report accom6 panying this Act, and the projects specified in such guid7 ance shall be considered to be authorized by law. 

8 (RESCISSIONS)

9 SEC. 8039. Of the funds appropriated in Department 

10 of Defense Appropriations Acts, the following funds are 

11 hereby rescinded from the following accounts and pro12 grams in the specified amounts: 

13 ‘‘Other Procurement, Army, 2006/2008’’, 

14 $100,200,000; 

15 ‘‘Aircraft Procurement, Navy, 2006/2008’’, 

16 $76,200,000; 

17 ‘‘Shipbuilding and Conversion, Navy, 2003/2007’’, 

18 $15,000,000; 

19 ‘‘Shipbuilding and Conversion, Navy, 2005/2009’’, 

20 $11,245,000; 

21 ‘‘Aircraft Procurement, Air Force, 2005/2007’’, 

22 $108,000,000; 

23 ‘‘Aircraft Procurement, Air Force, 2006/2008’’, 

24 $64,000,000; 

25 ‘‘Missile Procurement, Air Force, 2005/2007’’, 

26 $29,600,000; 


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1 ‘‘Missile Procurement, Air Force, 2006/2008’’, 

2 $138,000,000; 

3 ‘‘Research, Development, Test and Evaluation, 

4 Army, 2006/2007’’, $21,600,000; 

5 ‘‘Research, Development, Test and Evaluation, Navy, 

6 2006/2007’’, $42,577,000; 

7 ‘‘Research, Development, Test and Evaluation, Air 

8 Force, 2006/2007’’, $92,800,000; and 

9 ‘‘Research, Development, Test and Evaluation, De10 fense-Wide, 2006/2007’’, $123,900,000. 

11 SEC. 8040. None of the funds available in this Act 

12 may be used to reduce the authorized positions for mili13 tary (civilian) technicians of the Army National Guard, 

14 the Air National Guard, Army Reserve and Air Force Re15 serve for the purpose of applying any administratively im16 posed civilian personnel ceiling, freeze, or reduction on 

17 military (civilian) technicians, unless such reductions are 

18 a direct result of a reduction in military force structure. 

19 SEC. 8041. None of the funds appropriated or other20 wise made available in this Act may be obligated or ex21 pended for assistance to the Democratic People’s Republic 

22 of North Korea unless specifically appropriated for that 

23 purpose. 

24 SEC. 8042. Funds appropriated in this Act for oper25 ation and maintenance of the Military Departments, ComVerDate Aug 31 2005 22:25 Jun 16, 2006 Jkt 049196 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H5631.RH H5631

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1 batant Commands and Defense Agencies shall be available 

2 for reimbursement of pay, allowances and other expenses 

3 which would otherwise be incurred against appropriations 

4 for the National Guard and Reserve when members of the 

5 National Guard and Reserve provide intelligence or coun6 terintelligence support to Combatant Commands, Defense 

7 Agencies and Joint Intelligence Activities, including the 

8 activities and programs included within the National Intel9 ligence Program, and the Military Intelligence Program: 

10 Provided, That nothing in this section authorizes deviation 

11 from established Reserve and National Guard personnel 

12 and training procedures. 

13 SEC. 8043. During the current fiscal year, none of 

14 the funds appropriated in this Act may be used to reduce 

15 the civilian medical and medical support personnel as16 signed to military treatment facilities below the September 

17 30, 2003, level: Provided, That the Service Surgeons Gen18 eral may waive this section by certifying to the congres19 sional defense committees that the beneficiary population 

20 is declining in some catchment areas and civilian strength 

21 reductions may be consistent with responsible resource 

22 stewardship and capitation-based budgeting. 

23 SEC. 8044. (a) None of the funds available to the 

24 Department of Defense for any fiscal year for drug inter25 diction or counter-drug activities may be transferred to 


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1 any other department or agency of the United States ex2 cept as specifically provided in an appropriations law. 

3 (b) None of the funds available to the Central Intel4 ligence Agency for any fiscal year for drug interdiction 

5 and counter-drug activities may be transferred to any 

6 other department or agency of the United States except 

7 as specifically provided in an appropriations law. 

8 SEC. 8045. None of the funds appropriated by this 

9 Act may be used for the procurement of ball and roller 

10 bearings other than those produced by a domestic source 

11 and of domestic origin: Provided, That the Secretary of 

12 the military department responsible for such procurement 

13 may waive this restriction on a case-by-case basis by certi14 fying in writing to the Committees on Appropriations of 

15 the House of Representatives and the Senate, that ade16 quate domestic supplies are not available to meet Depart17 ment of Defense requirements on a timely basis and that 

18 such an acquisition must be made in order to acquire ca19 pability for national security purposes: Provided further, 

20 That this restriction shall not apply to the purchase of 

21 ‘‘commercial items’’, as defined by section 4(12) of the 

22 Office of Federal Procurement Policy Act, except that the 

23 restriction shall apply to ball or roller bearings purchased 

24 as end items. 


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1 SEC. 8046. None of the funds in this Act may be 

2 used to purchase any supercomputer which is not manu3 factured in the United States, unless the Secretary of De4 fense certifies to the congressional defense committees 

5 that such an acquisition must be made in order to acquire 

6 capability for national security purposes that is not avail7 able from United States manufacturers. 

8 SEC. 8047. Notwithstanding any other provision of 

9 law, each contract awarded by the Department of Defense 

10 during the current fiscal year for construction or service 

11 performed in whole or in part in a State (as defined in 

12 section 381(d) of title 10, United States Code) which is 

13 not contiguous with another State and has an unemploy14 ment rate in excess of the national average rate of unem15 ployment as determined by the Secretary of Labor, shall 

16 include a provision requiring the contractor to employ, for 

17 the purpose of performing that portion of the contract in 

18 such State that is not contiguous with another State, indi19 viduals who are residents of such State and who, in the 

20 case of any craft or trade, possess or would be able to 

21 acquire promptly the necessary skills: Provided, That the 

22 Secretary of Defense may waive the requirements of this 

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

24 security. 


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1 SEC. 8048. None of the funds made available in this 

2 or any other Act may be used to pay the salary of any 

3 officer or employee of the Department of Defense who ap4 proves or implements the transfer of administrative re5 sponsibilities or budgetary resources of any program, 

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

7 of another Federal agency not financed by this Act with8 out the express authorization of Congress: Provided, That 

9 this limitation shall not apply to transfers of funds ex10 pressly provided for in Defense Appropriations Acts, or 

11 provisions of Acts providing supplemental appropriations 

12 for the Department of Defense. 

13 SEC. 8049. (a) LIMITATION ON TRANSFER OF DE14 FENSE ARTICLES AND SERVICES.—Notwithstanding any 

15 other provision of law, none of the funds available to the 

16 Department of Defense for the current fiscal year may be 

17 obligated or expended to transfer to another nation or an 

18 international organization any defense articles or services 

19 (other than intelligence services) for use in the activities 

20 described in subsection (b) unless the congressional de21 fense committees, the Committee on International Rela22 tions of the House of Representatives, and the Committee 

23 on Foreign Relations of the Senate are notified 15 days 

24 in advance of such transfer. 

25 (b) COVERED ACTIVITIES.—This section applies to— 


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1 (1) any international peacekeeping or peace-en2 forcement operation under the authority of chapter 

3 VI or chapter VII of the United Nations Charter 

4 under the authority of a United Nations Security 

5 Council resolution; and 

6 (2) any other international peacekeeping, peace7 enforcement, or humanitarian assistance operation. 

8 (c) REQUIRED NOTICE.—A notice under subsection 

9 (a) shall include the following: 

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

11 services to be transferred. 

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

13 supplies, or services to be transferred. 

14 (3) In the case of a proposed transfer of equip15 ment or supplies— 

16 (A) a statement of whether the inventory 

17 requirements of all elements of the Armed 

18 Forces (including the reserve components) for 

19 the type of equipment or supplies to be trans20 ferred have been met; and 

21 (B) a statement of whether the items pro22 posed to be transferred will have to be replaced 

23 and, if so, how the President proposes to pro24 vide funds for such replacement. 


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1 SEC. 8050. None of the funds available to the De2 partment of Defense under this Act shall be obligated or 

3 expended to pay a contractor under a contract with the 

4 Department of Defense for costs of any amount paid by 

5 the contractor to an employee when— 

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

7 excess of the normal salary paid by the contractor 

8 to the employee; and 

9 (2) such bonus is part of restructuring costs as10 sociated with a business combination. 

11 (INCLUDING TRANSFER OF FUNDS) 

12 SEC. 8051. During the current fiscal year, no more 

13 than $30,000,000 of appropriations made in this Act 

14 under the heading ‘‘Operation and Maintenance, Defense15 Wide’’ may be transferred to appropriations available for 

16 the pay of military personnel, to be merged with, and to 

17 be available for the same time period as the appropriations 

18 to which transferred, to be used in support of such per19 sonnel in connection with support and services for eligible 

20 organizations and activities outside the Department of De21 fense pursuant to section 2012 of title 10, United States 

22 Code. 

23 SEC. 8052. During the current fiscal year, in the case 

24 of an appropriation account of the Department of Defense 

25 for which the period of availability for obligation has exVerDate Aug 31 2005 22:25 Jun 16, 2006 Jkt 049196 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\H5631.RH H5631

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1 pired or which has closed under the provisions of section 

2 1552 of title 31, United States Code, and which has a 

3 negative unliquidated or unexpended balance, an obliga4 tion or an adjustment of an obligation may be charged 

5 to any current appropriation account for the same purpose 

6 as the expired or closed account if— 

7 (1) the obligation would have been properly 

8 chargeable (except as to amount) to the expired or 

9 closed account before the end of the period of avail10 ability or closing of that account; 

11 (2) the obligation is not otherwise properly 

12 chargeable to any current appropriation account of 

13 the Department of Defense; and 

14 (3) in the case of an expired account, the obli15 gation is not chargeable to a current appropriation 

16 of the Department of Defense under the provisions 

17 of section 1405(b)(8) of the National Defense Au18 thorization Act for Fiscal Year 1991, Public Law 

19 101–510, as amended (31 U.S.C. 1551 note): Pro20 vided, That in the case of an expired account, if sub21 sequent review or investigation discloses that there 

22 was not in fact a negative unliquidated or unex23 pended balance in the account, any charge to a cur24 rent account under the authority of this section shall 

25 be reversed and recorded against the expired acVerDate Aug 31 2005 22:25 Jun 16, 2006 Jkt 049196 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\H5631.RH H5631

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1 count: Provided further, That the total amount 

2 charged to a current appropriation under this sec3 tion may not exceed an amount equal to 1 percent 

4 of the total appropriation for that account. 

5 SEC. 8053. (a) Notwithstanding any other provision 

6 of law, the Chief of the National Guard Bureau may per7 mit the use of equipment of the National Guard Distance 

8 Learning Project by any person or entity on a space-avail9 able, reimbursable basis. The Chief of the National Guard 

10 Bureau shall establish the amount of reimbursement for 

11 such use on a case-by-case basis. 

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

13 credited to funds available for the National Guard Dis14 tance Learning Project and be available to defray the costs 

15 associated with the use of equipment of the project under 

16 that subsection. Such funds shall be available for such 

17 purposes without fiscal year limitation. 

18 SEC. 8054. Using funds available by this Act or any 

19 other Act, the Secretary of the Air Force, pursuant to a 

20 determination under section 2690 of title 10, United 

21 States Code, may implement cost-effective agreements for 

22 required heating facility modernization in the 

23 Kaiserslautern Military Community in the Federal Repub24 lic of Germany: Provided, That in the City of 

25 Kaiserslautern such agreements will include the use of 


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1 United States anthracite as the base load energy for mu2 nicipal district heat to the United States Defense installa3 tions: Provided further, That at Landstuhl Army Regional 

4 Medical Center and Ramstein Air Base, furnished heat 

5 may be obtained from private, regional or municipal serv6 ices, if provisions are included for the consideration of 

7 United States coal as an energy source. 

8 SEC. 8055. None of the funds appropriated in title 

9 IV of this Act may be used to procure end-items for deliv10 ery to military forces for operational training, operational 

11 use or inventory requirements: Provided, That this restric12 tion does not apply to end-items used in development, 

13 prototyping, and test activities preceding and leading to 

14 acceptance for operational use: Provided further, That this 

15 restriction does not apply to programs funded within the 

16 National Intelligence Program: Provided further, That the 

17 Secretary of Defense may waive this restriction on a case18 by-case basis by certifying in writing to the Committees 

19 on Appropriations of the House of Representatives and the 

20 Senate that it is in the national security interest to do 

21 so. 

22 SEC. 8056. Notwithstanding any other provision of 

23 law, funds available to the Department of Defense shall 

24 be made available to provide transportation of medical 

25 supplies and equipment, on a nonreimbursable basis, to 


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1 American Samoa, and funds available to the Department 

2 of Defense shall be made available to provide transpor3 tation of medical supplies and equipment, on a non4 reimbursable basis, to the Indian Health Service when it 

5 is in conjunction with a civil-military project. 

6 SEC. 8057. None of the funds made available in this 

7 Act may be used to approve or license the sale of the F/ 

8 A–22 advanced tactical fighter to any foreign government. 

9 SEC. 8058. (a) The Secretary of Defense may, on a 

10 case-by-case basis, waive with respect to a foreign country 

11 each limitation on the procurement of defense items from 

12 foreign sources provided in law if the Secretary determines 

13 that the application of the limitation with respect to that 

14 country would invalidate cooperative programs entered 

15 into between the Department of Defense and the foreign 

16 country, or would invalidate reciprocal trade agreements 

17 for the procurement of defense items entered into under 

18 section 2531 of title 10, United States Code, and the 

19 country does not discriminate against the same or similar 

20 defense items produced in the United States for that coun21 try. 

22 (b) Subsection (a) applies with respect to— 

23 (1) contracts and subcontracts entered into on 

24 or after the date of the enactment of this Act; and 


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1 (2) options for the procurement of items that 

2 are exercised after such date under contracts that 

3 are entered into before such date if the option prices 

4 are adjusted for any reason other than the applica5 tion of a waiver granted under subsection (a). 

6 (c) Subsection (a) does not apply to a limitation re7 garding construction of public vessels, ball and roller bear8 ings, food, and clothing or textile materials as defined by 

9 section 11 (chapters 50–65) of the Harmonized Tariff 

10 Schedule and products classified under headings 4010, 

11 4202, 4203, 6401 through 6406, 6505, 7019, 7218 

12 through 7229, 7304.41 through 7304.49, 7306.40, 7502 

13 through 7508, 8105, 8108, 8109, 8211, 8215, and 9404. 

14 SEC. 8059. (a) PROHIBITION.—None of the funds 

15 made available by this Act may be used to support any 

16 training program involving a unit of the security forces 

17 of a foreign country if the Secretary of Defense has re18 ceived credible information from the Department of State 

19 that the unit has committed a gross violation of human 

20 rights, unless all necessary corrective steps have been 

21 taken. 

22 (b) MONITORING.—The Secretary of Defense, in con23 sultation with the Secretary of State, shall ensure that 

24 prior to a decision to conduct any training program re25 ferred to in subsection (a), full consideration is given to 


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1 all credible information available to the Department of 

2 State relating to human rights violations by foreign secu3 rity forces. 

4 (c) WAIVER.—The Secretary of Defense, after con5 sultation with the Secretary of State, may waive the prohi6 bition in subsection (a) if he determines that such waiver 

7 is required by extraordinary circumstances. 

8 (d) REPORT.—Not more than 15 days after the exer9 cise of any waiver under subsection (c), the Secretary of 

10 Defense shall submit a report to the congressional defense 

11 committees describing the extraordinary circumstances, 

12 the purpose and duration of the training program, the 

13 United States forces and the foreign security forces in14 volved in the training program, and the information relat15 ing to human rights violations that necessitates the waiv16 er. 

17 SEC. 8060. None of the funds appropriated or made 

18 available in this Act to the Department of the Navy shall 

19 be used to develop, lease or procure the T–AKE class of 

20 ships unless the main propulsion diesel engines and 

21 propulsors are manufactured in the United States by a 

22 domestically operated entity: Provided, That the Secretary 

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

24 basis by certifying in writing to the Committees on Appro25 priations of the House of Representatives and the Senate 


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1 that adequate domestic supplies are not available to meet 

2 Department of Defense requirements on a timely basis 

3 and that such an acquisition must be made in order to 

4 acquire capability for national security purposes or there 

5 exists a significant cost or quality difference. 

6 SEC. 8061. None of the funds appropriated or other7 wise made available by this or other Department of De8 fense Appropriations Acts may be obligated or expended 

9 for the purpose of performing repairs or maintenance to 

10 military family housing units of the Department of De11 fense, including areas in such military family housing 

12 units that may be used for the purpose of conducting offi13 cial Department of Defense business. 

14 SEC. 8062. Notwithstanding any other provision of 

15 law, funds appropriated in this Act under the heading 

16 ‘‘Research, Development, Test and Evaluation, Defense17 Wide’’ for any new start advanced concept technology 

18 demonstration project may only be obligated 30 days after 

19 a report, including a description of the project, the 

20 planned acquisition and transition strategy and its esti21 mated annual and total cost, has been provided in writing 

22 to the congressional defense committees: Provided, That 

23 the Secretary of Defense may waive this restriction on a 

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1 fense committees that it is in the national interest to do 

2 so. 

3 SEC. 8063. The Secretary of Defense shall provide 

4 a classified quarterly report beginning 30 days after enact5 ment of this Act, to the House and Senate Appropriations 

6 Committees, Subcommittees on Defense on certain mat7 ters as directed in the classified annex accompanying this 

8 Act. 

9 SEC. 8064. During the current fiscal year, refunds 

10 attributable to the use of the Government travel card, re11 funds attributable to the use of the Government Purchase 

12 Card and refunds attributable to official Government trav13 el arranged by Government Contracted Travel Manage14 ment Centers may be credited to operation and mainte15 nance, and research, development, test and evaluation ac16 counts of the Department of Defense which are current 

17 when the refunds are received. 

18 SEC. 8065. (a) REGISTERING FINANCIAL MANAGE19 MENT INFORMATION TECHNOLOGY SYSTEMS WITH DOD 

20 CHIEF INFORMATION OFFICER.—None of the funds ap21 propriated in this Act may be used for a mission critical 

22 or mission essential financial management information 

23 technology system (including a system funded by the de24 fense working capital fund) that is not registered with the 

25 Chief Information Officer of the Department of Defense. 


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1 A system shall be considered to be registered with that 

2 officer upon the furnishing to that officer of notice of the 

3 system, together with such information concerning the 

4 system as the Secretary of Defense may prescribe. A fi5 nancial management information technology system shall 

6 be considered a mission critical or mission essential infor7 mation technology system as defined by the Under Sec8 retary of Defense (Comptroller). 

9 (b) CERTIFICATIONS AS TO COMPLIANCE WITH FI10 NANCIAL MANAGEMENT MODERNIZATION PLAN.— 

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

12 management automated information system, a mixed 

13 information system supporting financial and non-fi14 nancial systems, or a system improvement of more 

15 than $1,000,000 may not receive Milestone A ap16 proval, Milestone B approval, or full rate production, 

17 or their equivalent, within the Department of De18 fense until the Under Secretary of Defense (Comp19 troller) certifies, with respect to that milestone, that 

20 the system is being developed and managed in ac21 cordance with the Department’s Financial Manage22 ment Modernization Plan. The Under Secretary of 

23 Defense (Comptroller) may require additional certifi24 cations, as appropriate, with respect to any such sys25 tem. 


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1 (2) The Chief Information Officer shall provide 

2 the congressional defense committees timely notifica3 tion of certifications under paragraph (1). 

4 (c) CERTIFICATIONS AS TO COMPLIANCE WITH

5 CLINGER-COHEN ACT.— 

6 (1) During the current fiscal year, a major 

7 automated information system may not receive Mile8 stone A approval, Milestone B approval, or full rate 

9 production approval, or their equivalent, within the 

10 Department of Defense until the Chief Information 

11 Officer certifies, with respect to that milestone, that 

12 the system is being developed in accordance with the 

13 Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.). 

14 The Chief Information Officer may require addi15 tional certifications, as appropriate, with respect to 

16 any such system. 

17 (2) The Chief Information Officer shall provide 

18 the congressional defense committees timely notifica19 tion of certifications under paragraph (1). Each 

20 such notification shall include, at a minimum, the 

21 funding baseline and milestone schedule for each 

22 system covered by such a certification and confirma23 tion that the following steps have been taken with 

24 respect to the system: 

25 (A) Business process reengineering. 


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1 (B) An analysis of alternatives. 

2 (C) An economic analysis that includes a 

3 calculation of the return on investment. 

4 (D) Performance measures. 

5 (E) An information assurance strategy 

6 consistent with the Department’s Global Infor7 mation Grid. 

8 (d) DEFINITIONS.—For purposes of this section: 

9 (1) The term ‘‘Chief Information Officer’’ 

10 means the senior official of the Department of De11 fense designated by the Secretary of Defense pursu12 ant to section 3506 of title 44, United States Code. 

13 (2) The term ‘‘information technology system’’ 

14 has the meaning given the term ‘‘information tech15 nology’’ in section 5002 of the Clinger-Cohen Act of 

16 1996 (40 U.S.C. 1401). 

17 SEC. 8066. During the current fiscal year, none of 

18 the funds available to the Department of Defense may be 

19 used to provide support to another department or agency 

20 of the United States if such department or agency is more 

21 than 90 days in arrears in making payment to the Depart22 ment of Defense for goods or services previously provided 

23 to such department or agency on a reimbursable basis: 

24 Provided, That this restriction shall not apply if the de25 partment is authorized by law to provide support to such 


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1 department or agency on a nonreimbursable basis, and is 

2 providing the requested support pursuant to such author3 ity: Provided further, That the Secretary of Defense may 

4 waive this restriction on a case-by-case basis by certifying 

5 in writing to the Committees on Appropriations of the 

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

7 national security interest to do so. 

8 SEC. 8067. Notwithstanding section 12310(b) of title 

9 10, United States Code, a Reservist who is a member of 

10 the National Guard serving on full-time National Guard 

11 duty under section 502(f) of title 32 may perform duties 

12 in support of the ground-based elements of the National 

13 Ballistic Missile Defense System. 

14 SEC. 8068. None of the funds provided in this Act 

15 may be used to transfer to any nongovernmental entity 

16 ammunition held by the Department of Defense that has 

17 a center-fire cartridge and a United States military no18 menclature designation of ‘‘armor penetrator’’, ‘‘armor 

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

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

21 entity performing demilitarization services for the Depart22 ment of Defense under a contract that requires the entity 

23 to demonstrate to the satisfaction of the Department of 

24 Defense that armor piercing projectiles are either: (1) ren25 dered incapable of reuse by the demilitarization process; 


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1 or (2) used to manufacture ammunition pursuant to a con2 tract with the Department of Defense or the manufacture 

3 of ammunition for export pursuant to a License for Per4 manent Export of Unclassified Military Articles issued by 

5 the Department of State. 

6 SEC. 8069. Notwithstanding any other provision of 

7 law, the Chief of the National Guard Bureau, or his des8 ignee, may waive payment of all or part of the consider9 ation that otherwise would be required under section 2667 

10 of title 10, United States Code, in the case of a lease of 

11 personal property for a period not in excess of 1 year to 

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

13 United States Code, or any other youth, social, or fra14 ternal non-profit organization as may be approved by the 

15 Chief of the National Guard Bureau, or his designee, on 

16 a case-by-case basis. 

17 SEC. 8070. None of the funds appropriated by this 

18 Act shall be used for the support of any nonappropriated 

19 funds activity of the Department of Defense that procures 

20 malt beverages and wine with nonappropriated funds for 

21 resale (including such alcoholic beverages sold by the 

22 drink) on a military installation located in the United 

23 States unless such malt beverages and wine are procured 

24 within that State, or in the case of the District of Colum25 bia, within the District of Columbia, in which the military 


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1 installation is located: Provided, That in a case in which 

2 the military installation is located in more than one State, 

3 purchases may be made in any State in which the installa4 tion is located: Provided further, That such local procure5 ment requirements for malt beverages and wine shall 

6 apply to all alcoholic beverages only for military installa7 tions in States which are not contiguous with another 

8 State: Provided further, That alcoholic beverages other 

9 than wine and malt beverages, in contiguous States and 

10 the District of Columbia shall be procured from the most 

11 competitive source, price and other factors considered. 

12 SEC. 8071. Funds available to the Department of De13 fense for the Global Positioning System during the current 

14 fiscal year may be used to fund civil requirements associ15 ated with the satellite and ground control segments of 

16 such system’s modernization program. 

17 (INCLUDING TRANSFER OF FUNDS) 

18 SEC. 8072. Of the amounts appropriated in this Act 

19 under the heading ‘‘Operation and Maintenance, Army’’, 

20 $78,300,000 shall remain available until expended: Pro21 vided, That notwithstanding any other provision of law, 

22 the Secretary of Defense is authorized to transfer such 

23 funds to other activities of the Federal Government: Pro24 vided further, That the Secretary of Defense is authorized 

25 to enter into and carry out contracts for the acquisition 


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1 of real property, construction, personal services, and oper2 ations related to projects carrying out the purposes of this 

3 section: Provided further, That contracts entered into 

4 under the authority of this section may provide for such 

5 indemnification as the Secretary determines to be nec6 essary: Provided further, That projects authorized by this 

7 section shall comply with applicable Federal, State, and 

8 local law to the maximum extent consistent with the na9 tional security, as determined by the Secretary of Defense. 

10 SEC. 8073. Section 8106 of the Department of De11 fense Appropriations Act, 1997 (titles I through VIII of 

12 the matter under subsection 101(b) of Public Law 104– 

13 208; 110 Stat. 3009–111; 10 U.S.C. 113 note) shall con14 tinue in effect to apply to disbursements that are made 

15 by the Department of Defense in fiscal year 2007. 

16 SEC. 8074. In addition to amounts provided else17 where in this Act, $2,500,000 is hereby appropriated to 

18 the Department of Defense, to remain available for obliga19 tion until expended: Provided, That notwithstanding any 

20 other provision of law, these funds shall be available only 

21 for a grant to the Fisher House Foundation, Inc., only 

22 for the construction and furnishing of additional Fisher 

23 Houses to meet the needs of military family members 

24 when confronted with the illness or hospitalization of an 

25 eligible military beneficiary. 


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1 SEC. 8075. Amounts appropriated in title II of this 

2 Act are hereby reduced by $71,100,000 to reflect savings 

3 attributable to efficiencies and management improvements 

4 in the funding of miscellaneous or other contracts in the 

5 military departments, as follows: 

6 (1) From ‘‘Operation and Maintenance, Army’’, 

7 $31,100,000. 

8 (2) From ‘‘Operation and Maintenance, Navy’’, 

9 $35,000,000. 

10 (3) From ‘‘Operation and Maintenance, Marine 

11 Corps’’, $5,000,000. 

12 SEC. 8076. The total amount appropriated or other13 wise made available in this Act is hereby reduced by 

14 $22,000,000 to limit excessive growth in the procurement 

15 of advisory and assistance services, to be distributed as 

16 follows: 

17 ‘‘Operation and Maintenance, Army’’, $20,000,000. 

18 ‘‘Operation and Maintenance, Marine Corps’’, 

19 $2,000,000. 

20 (INCLUDING TRANSFER OF FUNDS) 

21 SEC. 8077. Of the amounts appropriated in this Act 

22 under the heading ‘‘Research, Development, Test and 

23 Evaluation, Defense-Wide’’, $77,175,000 shall be made 

24 available for the Arrow missile defense program: Provided, 

25 That of this amount, $13,000,000 shall be available for 


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1 the purpose of producing Arrow missile components in the 

2 United States and Arrow missile components and missiles 

3 in Israel to meet Israel’s defense requirements, consistent 

4 with each nation’s laws, regulations and procedures: Pro5 vided further, That funds made available under this provi6 sion for production of missiles and missile components 

7 may be transferred to appropriations available for the pro8 curement of weapons and equipment, to be merged with 

9 and to be available for the same time period and the same 

10 purposes as the appropriation to which transferred: Pro11 vided further, That the transfer authority provided under 

12 this provision is in addition to any other transfer authority 

13 contained in this Act. 

14 (INCLUDING TRANSFER OF FUNDS) 

15 SEC. 8078. Of the amounts appropriated in this Act 

16 under the heading ‘‘Shipbuilding and Conversion, Navy’’, 

17 $436,449,000 shall be available until September 30, 2007, 

18 to fund prior year shipbuilding cost increases: Provided, 

19 That upon enactment of this Act, the Secretary of the 

20 Navy shall transfer such funds to the following appropria21 tions in the amounts specified: Provided further, That the 

22 amounts transferred shall be merged with and be available 

23 for the same purposes as the appropriations to which 

24 transferred: 

25 To: 


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1 Under the heading ‘‘Shipbuilding and Conversion, 

2 Navy, 1999/2007’’: 

3 New SSN, $15,000,000; 

4 Under the heading ‘‘Shipbuilding and Conversion, 

5 Navy, 2000/2007’’: 

6 LPD–17 Amphibious Transport Dock Ship 

7 Program, $39,049,000; 

8 Under the heading ‘‘Shipbuilding and Conversion, 

9 Navy, 2001/2007’’: 

10 New SSN, $31,000,000; 

11 Carrier Replacement Program, $318,400,000; 

12 Under the heading ‘‘Shipbuilding and Conversion, 

13 Navy, 2003/2007’’: 

14 New SSN, $22,000,000; 

15 Under the heading ‘‘Shipbuilding and Conversion, 

16 Navy, 2005/2009’’; and 

17 LPD–17 Amphibious Transport Dock Ship 

18 Program, $11,000,000. 

19 SEC. 8079. The Secretary of the Navy may settle, 

20 or compromise, and pay any and all admiralty claims 

21 under section 7622 of title 10, United States Code arising 

22 out of the collision involving the U.S.S. GREENEVILLE 

23 and the EHIME MARU, in any amount and without re24 gard to the monetary limitations in subsections (a) and 

25 (b) of that section: Provided, That such payments shall 


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1 be made from funds available to the Department of the 

2 Navy for operation and maintenance. 

3 SEC. 8080. Funds appropriated by this Act, or made 

4 available by the transfer of funds in this Act, for intel5 ligence activities are deemed to be specifically authorized 

6 by the Congress for purposes of section 504 of the Na7 tional Security Act of 1947 (50 U.S.C. 414) during fiscal 

8 year 2007 until the enactment of the Intelligence Author9 ization Act for fiscal year 2007. 

10 SEC. 8081. None of the funds in this Act may be 

11 used to initiate a new start program without prior written 

12 notification to the Office of Secretary of Defense and the 

13 congressional defense committees. 

14 SEC. 8082. (a) In addition to the amounts provided 

15 elsewhere in this Act, the amount of $5,400,000 is hereby 

16 appropriated to the Department of Defense for ‘‘Oper17 ation and Maintenance, Army National Guard’’. Such 

18 amount shall be made available to the Secretary of the 

19 Army only to make a grant in the amount of $5,400,000 

20 to the entity specified in subsection (b) to facilitate access 

21 by veterans to opportunities for skilled employment in the 

22 construction industry. 

23 (b) The entity referred to in subsection (a) is the 

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1 eration committee provided for by section 302(c)(9) of the 

2 Labor-Management Relations Act, 1947 (29 U.S.C. 

3 186(c)(9)), for the purposes set forth in section 6(b) of 

4 the Labor Management Cooperation Act of 1978 (29 

5 U.S.C. 175a note). 

6 SEC. 8083. FINANCING AND FIELDING OF KEY ARMY

7 CAPABILITIES.—The Department of Defense and the De8 partment of the Army shall make future budgetary and 

9 programming plans to fully finance the Non-Line of Sight 

10 Future Force cannon (NLOS–C) and a compatible large 

11 caliber ammunition resupply capability for this system 

12 supported by the Future Combat Systems (FCS) Brigade 

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

14 year 2010: Provided, That the Army shall develop the 

15 NLOS–C independent of the broader FCS development 

16 timeline to achieve fielding by fiscal year 2010. In addition 

17 the Army will deliver eight (8) combat operational pre18 production NLOS–C systems by the end of calendar year 

19 2008. These systems shall be in addition to those systems 

20 necessary for developmental and operational testing: Pro21 vided further, That the Army shall ensure that budgetary 

22 and programmatic plans will provide for no fewer than 

23 seven (7) Stryker Brigade Combat Teams. 

24 SEC. 8084. In addition to the amounts appropriated 

25 or otherwise made available elsewhere in this Act, 


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1 $13,000,000 is hereby appropriated to the Department of 

2 Defense, to remain available until September 30, 2007: 

3 Provided, That the Secretary of Defense shall make grants 

4 in the amounts specified as follows: $4,500,000 to the In5 trepid Sea-Air-Space Foundation; $4,000,000 to the Cen6 ter for Applied Science and Technologies at Jordan Valley 

7 Innovation Center; $1,000,000 to the Women in Military 

8 Service for America Memorial Foundation; $2,000,000 to 

9 The Presidio Trust; and, $1,500,000 to the Red Cross 

10 Consolidated Blood Services Facility. 

11 SEC. 8085. The budget of the President for fiscal 

12 year 2008 submitted to the Congress pursuant to section 

13 1105 of title 31, United States Code shall include separate 

14 budget justification documents for costs of United States 

15 Armed Forces’ participation in contingency operations for 

16 the Military Personnel accounts, the Operation and Main17 tenance accounts, and the Procurement accounts: Pro18 vided, That these documents shall include a description 

19 of the funding requested for each contingency operation, 

20 for each military service, to include all Active and Reserve 

21 components, and for each appropriations account: Pro22 vided further, That these documents shall include esti23 mated costs for each element of expense or object class, 

24 a reconciliation of increases and decreases for each contin25 gency operation, and programmatic data including, but 


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1 not limited to, troop strength for each Active and Reserve 

2 component, and estimates of the major weapons systems 

3 deployed in support of each contingency: Provided further, 

4 That these documents shall include budget exhibits OP– 

5 5 and OP–32 (as defined in the Department of Defense 

6 Financial Management Regulation) for all contingency op7 erations for the budget year and the two preceding fiscal 

8 years. 

9 SEC. 8086. None of the funds in this Act may be 

10 used for research, development, test, evaluation, procure11 ment or deployment of nuclear armed interceptors of a 

12 missile defense system. 

13 SEC. 8087. Of the amounts provided in title II of this 

14 Act under the heading ‘‘Operation and Maintenance, De15 fense-Wide’’, up to $20,000,000 is available for the Re16 gional Defense Counter-terrorism Fellowship Program, to 

17 fund the education and training of foreign military offi18 cers, ministry of defense civilians, and other foreign secu19 rity officials, to include United States military officers and 

20 civilian officials whose participation directly contributes to 

21 the education and training of these foreign students. 

22 SEC. 8088. None of the funds appropriated or made 

23 available in this Act shall be used to reduce or disestablish 

24 the operation of the 53rd Weather Reconnaissance Squad25 ron of the Air Force Reserve, if such action would reduce 


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1 the WC–130 Weather Reconnaissance mission below the 

2 levels funded in this Act: Provided, That the Air Force 

3 shall allow the 53rd Weather Reconnaissance Squadron to 

4 perform other missions in support of national defense re5 quirements during the non-hurricane season. 

6 SEC. 8089. None of the funds provided in this Act 

7 shall be available for integration of foreign intelligence in8 formation unless the information has been lawfully col9 lected and processed during the conduct of authorized for10 eign intelligence activities: Provided, That information 

11 pertaining to United States persons shall only be handled 

12 in accordance with protections provided in the Fourth 

13 Amendment of the United States Constitution as imple14 mented through Executive Order No. 12333. 

15 SEC. 8090. (a) At the time members of reserve com16 ponents of the Armed Forces are called or ordered to ac17 tive duty under section 12302(a) of title 10, United States 

18 Code, each member shall be notified in writing of the ex19 pected period during which the member will be mobilized. 

20 (b) The Secretary of Defense may waive the require21 ments of subsection (a) in any case in which the Secretary 

22 determines that it is necessary to do so to respond to a 

23 national security emergency or to meet dire operational 

24 requirements of the Armed Forces. 


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1 (INCLUDING TRANSFER OF FUNDS) 

2 SEC. 8091. The Secretary of Defense may transfer 

3 funds from any available Department of the Navy appro4 priation to any available Navy ship construction appro5 priation for the purpose of liquidating necessary changes 

6 resulting from inflation, market fluctuations, or rate ad7 justments for any ship construction program appropriated 

8 in law: Provided, That the Secretary may transfer not to 

9 exceed $100,000,000 under the authority provided by this 

10 section: Provided further, That the funding transferred 

11 shall be available for the same time period as the appro12 priation to which transferred: Provided further, That the 

13 Secretary may not transfer any funds until 30 days after 

14 the proposed transfer has been reported to the Committees 

15 on Appropriations of the Senate and the House of Rep16 resentatives, unless sooner notified by the Committees 

17 that there is no objection to the proposed transfer: Pro18 vided further, That the transfer authority provided by this 

19 section is in addition to any other transfer authority con20 tained elsewhere in this Act. 

21 SEC. 8092. (a) The total amount appropriated or oth22 erwise made available in title II of this Act is hereby re23 duced by $45,000,000 to limit excessive growth in the 

24 travel and transportation of persons. 


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1 (b) The Secretary of Defense shall allocate this re2 duction proportionately to each budget activity, activity 

3 group, subactivity group, and each program, project, and 

4 activity within each applicable appropriation account. 

5 SEC. 8093. For purposes of section 612 of title 41, 

6 United States Code, any subdivision of appropriations 

7 made under the heading ‘‘Shipbuilding and Conversion, 

8 Navy’’ that is not closed at the time reimbursement is 

9 made shall be available to reimburse the Judgment Fund 

10 and shall be considered for the same purposes as any sub11 division under the heading ‘‘Shipbuilding and Conversion, 

12 Navy’’ appropriations in the current fiscal year or any 

13 prior fiscal year. 

14 SEC. 8094. The Secretary of Defense may present 

15 promotional materials, including a United States flag, to 

16 any member of an Active or Reserve component under the 

17 Secretary’s jurisdiction who, as determined by the Sec18 retary, participates in Operation Enduring Freedom or 

19 Operation Iraqi Freedom, along with other recognition 

20 items in conjunction with any week-long national observa21 tion and day of national celebration, if established by 

22 Presidential proclamation, for any such members return23 ing from such operations. 

24 SEC. 8095. Notwithstanding any other provision of 

25 this Act, to reflect savings from revised economic assumpVerDate Aug 31 2005 22:25 Jun 16, 2006 Jkt 049196 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\H5631.RH H5631

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1 tions the total amount appropriated in title II of this Act 

2 is hereby reduced by $514,800,000, the total amount ap3 propriated in title III of this Act is hereby reduced by 

4 $93,900,000, the total amount appropriated in title IV of 

5 this Act is hereby reduced by $315,900,000, the total 

6 amount appropriated in title V of this Act is hereby re7 duced by $10,400,000, the total amount appropriated in 

8 title VI of this Act is hereby reduced by $10,350,000, and 

9 the total amount appropriated in title VII of this Act is 

10 hereby reduced by $3,650,000: Provided, That the Sec11 retary of Defense shall allocate this reduction proportion12 ally to each budget activity, activity group, subactivity 

13 group, and each program, project, and activity, within 

14 each appropriation account: Provided further, That this re15 duction shall not apply to ‘‘Central Intelligence Agency 

16 Retirement and Disability System Fund’’. 

17 SEC. 8096. Notwithstanding any other provision in 

18 this Act, to reflect savings from favorable foreign currency 

19 fluctuations, the total amount appropriated in title I of 

20 this Act is hereby reduced by $23,200,000, the total 

21 amount appropriated in title II of this Act is hereby re22 duced by $32,800,000, the total amount appropriated in 

23 title III of this Act is hereby reduced by $22,100,000, the 

24 total amount appropriated in title IV of this Act is hereby 

25 reduced by $20,200,000, the total amount appropriated 


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1 in title V of this Act is hereby reduced by $700,000, the 

2 total amount appropriated in title VI of this Act is hereby 

3 reduced by $700,000, and the total amount appropriated 

4 in title VII of this Act is hereby reduced by $300,000: 

5 Provided, That the Secretary of Defense shall allocate this 

6 reduction proportionally to each budget activity, activity 

7 group, subactivity group, and each program, project, and 

8 activity, within each appropriation account. 

9 SEC. 8097. The Secretary of Defense shall, not later 

10 than 90 days after the enactment of this Act, submit to 

11 the congressional defense committees a report detailing 

12 the efforts by the Department of Defense Education Activ13 ity (DoDEA) to address dyslexia in students at DoDEA 

14 schools: Provided, That this report shall include a descrip15 tion of funding provided in this and other Department of 

16 Defense Appropriations Acts used by DoDEA schools to 

17 address dyslexia. 

18 SEC. 8098. Appropriations available to the Depart19 ment of Defense may be used for the purchase of heavy 

20 and light armored vehicles for force protection purposes, 

21 notwithstanding price or other limitations applicable to the 

22 purchase of passenger carrying vehicles. 


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1 TITLE IX 

2 ADDITIONAL APPROPRIATIONS 

3 MILITARY PERSONNEL 

4 MILITARY PERSONNEL, ARMY

5 For an additional amount for ‘‘Military Personnel, 

6 Army’’, $4,346,710,000: Provided, That the amount pro7 vided under this heading is designated as making appro8 priations for contingency operations directly related to the 

9 global war on terrorism, and other unanticipated defense10 related operations, pursuant to section 402 of H. Con. 

11 Res. 376 (109th Congress), as made applicable to the 

12 House of Representatives by H. Res. 818 (109th Con13 gress). 

14 MILITARY PERSONNEL, NAVY

15 For an additional amount for ‘‘Military Personnel, 

16 Navy’’, $229,096,000: Provided, That the amount pro17 vided under this heading is designated as making appro18 priations for contingency operations directly related to the 

19 global war on terrorism, and other unanticipated defense20 related operations, pursuant to section 402 of H. Con. 

21 Res. 376 (109th Congress), as made applicable to the 

22 House of Representatives by H. Res. 818 (109th Con23 gress). 


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1 MILITARY PERSONNEL, MARINE CORPS

2 For an additional amount for ‘‘Military Personnel, 

3 Marine Corps’’, $495,456,000: Provided, That the amount 

4 provided under this heading is designated as making ap5 propriations for contingency operations directly related to 

6 the global war on terrorism, and other unanticipated de7 fense-related operations, pursuant to section 402 of H. 

8 Con. Res. 376 (109th Congress), as made applicable to 

9 the House of Representatives by H. Res. 818 (109th Con10 gress). 

11 MILITARY PERSONNEL, AIR FORCE

12 For an additional amount for ‘‘Military Personnel, 

13 Air Force’’, $659,788,000: Provided, That the amount 

14 provided under this heading is designated as making ap15 propriations for contingency operations directly related to 

16 the global war on terrorism, and other unanticipated de17 fense-related operations, pursuant to section 402 of H. 

18 Con. Res. 376 (109th Congress), as made applicable to 

19 the House of Representatives by H. Res. 818 (109th Con20 gress). 

21 RESERVE PERSONNEL, NAVY

22 For an additional amount for ‘‘Reserve Personnel, 

23 Navy’’, $10,000,000: Provided, That the amount provided 

24 under this heading is designated as making appropriations 

25 for contingency operations directly related to the global 


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1 war on terrorism, and other unanticipated defense-related 

2 operations, pursuant to section 402 of H. Con. Res. 376 

3 (109th Congress), as made applicable to the House of 

4 Representatives by H. Res. 818 (109th Congress). 

5 NATIONAL GUARD PERSONNEL, ARMY

6 For an additional amount for ‘‘National Guard Per7 sonnel, Army’’, $251,000,000: Provided, That the amount 

8 provided under this heading is designated as making ap9 propriations for contingency operations directly related to 

10 the global war on terrorism, and other unanticipated de11 fense-related operations, pursuant to section 402 of H. 

12 Con. Res. 376 (109th Congress), as made applicable to 

13 the House of Representatives by H. Res. 818 (109th Con14 gress). 

15 OPERATION AND MAINTENANCE 

16 OPERATION AND MAINTENANCE, ARMY

17 For an additional amount for ‘‘Operation and Main18 tenance, Army’’, $24,280,000,000: Provided, That the 

19 amount provided under this heading is designated as mak20 ing appropriations for contingency operations directly re21 lated to the global war on terrorism, and other unantici22 pated defense-related operations, pursuant to section 402 

23 of H. Con. Res. 376 (109th Congress), as made applicable 

24 to the House of Representatives by H. Res. 818 (109th 

25 Congress). 


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1 OPERATION AND MAINTENANCE, NAVY

2 For an additional amount for ‘‘Operation and Main3 tenance, Navy’’, $1,954,145,000: Provided, That the 

4 amount provided under this heading is designated as mak5 ing appropriations for contingency operations directly re6 lated to the global war on terrorism, and other unantici7 pated defense-related operations, pursuant to section 402 

8 of H. Con. Res. 376 (109th Congress), as made applicable 

9 to the House of Representatives by H. Res. 818 (109th 

10 Congress). 

11 OPERATION AND MAINTENANCE, MARINE CORPS

12 For an additional amount for ‘‘Operation and Main13 tenance, Marine Corps’’, $1,781,500,000: Provided, That 

14 the amount provided under this heading is designated as 

15 making appropriations for contingency operations directly 

16 related to the global war on terrorism, and other unantici17 pated defense-related operations, pursuant to section 402 

18 of H. Con. Res. 376 (109th Congress), as made applicable 

19 to the House of Representatives by H. Res. 818 (109th 

20 Congress). 

21 OPERATION AND MAINTENANCE, AIR FORCE

22 For an additional amount for ‘‘Operation and Main23 tenance, Air Force’’, $2,987,108,000: Provided, That the 

24 amount provided under this heading is designated as mak25 ing appropriations for contingency operations directly reVerDate Aug 31 2005 22:25 Jun 16, 2006 Jkt 049196 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\H5631.RH H5631

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1 lated to the global war on terrorism, and other unantici2 pated defense-related operations, pursuant to section 402 

3 of H. Con. Res. 376 (109th Congress), as made applicable 

4 to the House of Representatives by H. Res. 818 (109th 

5 Congress). 

6 OPERATION AND MAINTENANCE, DEFENSE-WIDE

7 For an additional amount for ‘‘Operation and Main8 tenance, Defense-Wide’’, $2,186,673,000, of which up to 

9 $300,000,000, to remain available until expended, may be 

10 used for payments to reimburse Pakistan, Jordan, and 

11 other key cooperating nations, for logistical, military, and 

12 other support provided, or to be provided, to United States 

13 military operations, notwithstanding any other provision 

14 of law: Provided, That such payments may be made in 

15 such amounts as the Secretary of Defense, with the con16 currence of the Secretary of State, and in consultation 

17 with the Director of the Office of Management and Budg18 et, may determine, in his discretion, based on documenta19 tion determined by the Secretary of Defense to adequately 

20 account for the support provided, and such determination 

21 is final and conclusive upon the accounting officers of the 

22 United States, and 15 days following notification to the 

23 appropriate congressional committees: Provided further, 

24 That the Secretary of Defense shall provide quarterly re25 ports to the congressional defense committees on the use 


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1 of funds provided in this paragraph: Provided further, 

2 That the amount provided under this heading is des3 ignated as making appropriations for contingency oper4 ations directly related to the global war on terrorism, and 

5 other unanticipated defense-related operations, pursuant 

6 to section 402 of H. Con. Res. 376 (109th Congress), as 

7 made applicable to the House of Representatives by H. 

8 Res. 818 (109th Congress). 

9 OPERATION AND MAINTENANCE, ARMY NATIONAL

10 GUARD

11 For an additional amount for ‘‘Operation and Main12 tenance, Army National Guard’’, $220,000,000: Provided, 

13 That the amount provided under this heading is des14 ignated as making appropriations for contingency oper15 ations directly related to the global war on terrorism, and 

16 other unanticipated defense-related operations, pursuant 

17 to section 402 of H. Con. Res. 376 (109th Congress), as 

18 made applicable to the House of Representatives by H. 

19 Res. 818 (109th Congress). 

20 IRAQ FREEDOM FUND

21 (INCLUDING TRANSFER OF FUNDS)

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

23 $4,000,000,000, to remain available for transfer until 

24 September 30, 2008, only to support operations in Iraq 

25 or Afghanistan and classified activities: Provided, That the 


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1 Secretary of Defense may transfer the funds provided 

2 herein to appropriations for military personnel; operation 

3 and maintenance; Overseas Humanitarian, Disaster, and 

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

5 evaluation; and working capital funds: Provided further, 

6 That of the amounts provided under this heading, 

7 $2,500,000,000 shall only be for classified programs, de8 scribed in further detail in the classified annex accom9 panying this Act: Provided further, That not less than 

10 $1,500,000,000 shall be available for the Joint IED De11 feat Organization: Provided further, That funds trans12 ferred shall be merged with and be available for the same 

13 purposes and for the same time period as the appropria14 tion or fund to which transferred: Provided further, That 

15 this transfer authority is in addition to any other transfer 

16 authority available to the Department of Defense: Pro17 vided further, That upon a determination that all or part 

18 of the funds transferred from this appropriation are not 

19 necessary for the purposes provided herein, such amounts 

20 may be transferred back to this appropriation: Provided 

21 further, That the Secretary of Defense shall, not fewer 

22 than 5 days prior to making transfers from this appropria23 tion, notify the congressional defense committees in writ24 ing of the details of any such transfer: Provided further, 

25 That the Secretary shall submit a report no later than 


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1 30 days after the end of each fiscal quarter to the congres2 sional defense committees summarizing the details of the 

3 transfer of funds from this appropriation: Provided fur4 ther, That the amount provided under this heading is des5 ignated as making appropriations for contingency oper6 ations directly related to the global war on terrorism, and 

7 other unanticipated defense-related operations, pursuant 

8 to section 402 of H. Con. Res. 376 (109th Congress), as 

9 made applicable to the House of Representatives by H. 

10 Res. 818 (109th Congress). 

11 PROCUREMENT 

12 AIRCRAFT PROCUREMENT, ARMY

13 For an additional amount for ‘‘Aircraft Procurement, 

14 Army’’, $132,400,000, to remain available for obligation 

15 until September 30, 2009: Provided, That the amount pro16 vided under this heading is designated as making appro17 priations for contingency operations directly related to the 

18 global war on terrorism, and other unanticipated defense19 related operations, pursuant to section 402 of H. Con. 

20 Res. 376 (109th Congress), as made applicable to the 

21 House of Representatives by H. Res. 818 (109th Con22 gress). 


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1 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

2 VEHICLES, ARMY

3 For an additional amount for ‘‘Procurement of Weap4 ons and Tracked Combat Vehicles, Army’’, 

5 $1,214,672,000, to remain available for obligation until 

6 September 30, 2009: Provided, That the amount provided 

7 under this heading is designated as making appropriations 

8 for contingency operations directly related to the global 

9 war on terrorism, and other unanticipated defense-related 

10 operations, pursuant to section 402 of H. Con. Res. 376 

11 (109th Congress), as made applicable to the House of 

12 Representatives by H. Res. 818 (109th Congress). 

13 PROCUREMENT OF AMMUNITION, ARMY

14 For an additional amount for ‘‘Procurement of Am15 munition, Army’’, $275,241,000, to remain available for 

16 obligation until September 30, 2009: Provided, That the 

17 amount provided under this heading is designated as mak18 ing appropriations for contingency operations directly re19 lated to the global war on terrorism, and other unantici20 pated defense-related operations, pursuant to section 402 

21 of H. Con. Res. 376 (109th Congress), as made applicable 

22 to the House of Representatives by H. Res. 818 (109th 

23 Congress). 


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1 OTHER PROCUREMENT, ARMY

2 For an additional amount for ‘‘Other Procurement, 

3 Army’’, $1,939,830,000, to remain available for obligation 

4 until September 30, 2009: Provided, That the amount pro5 vided under this heading is designated as making appro6 priations for contingency operations directly related to the 

7 global war on terrorism, and other unanticipated defense8 related operations, pursuant to section 402 of H. Con. 

9 Res. 376 (109th Congress), as made applicable to the 

10 House of Representatives by H. Res. 818 (109th Con11 gress). 

12 AIRCRAFT PROCUREMENT, NAVY

13 For an additional amount for ‘‘Aircraft Procurement, 

14 Navy’’, $34,916,000, to remain available for obligation 

15 until September 30, 2009: Provided, That the amount pro16 vided under this heading is designated as making appro17 priations for contingency operations directly related to the 

18 global war on terrorism, and other unanticipated defense19 related operations, pursuant to section 402 of H. Con. 

20 Res. 376 (109th Congress), as made applicable to the 

21 House of Representatives by H. Res. 818 (109th Con22 gress). 

23 WEAPONS PROCUREMENT, NAVY

24 For an additional amount for ‘‘Weapons Procure25 ment, Navy’’, $131,400,000, to remain available for obliVerDate Aug 31 2005 22:25 Jun 16, 2006 Jkt 049196 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 E:\BILLS\H5631.RH H5631

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1 gation until September 30, 2009: Provided, That the 

2 amount provided under this heading is designated as mak3 ing appropriations for contingency operations directly re4 lated to the global war on terrorism, and other unantici5 pated defense-related operations, pursuant to section 402 

6 of H. Con. Res. 376 (109th Congress), as made applicable 

7 to the House of Representatives by H. Res. 818 (109th 

8 Congress). 

9 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

10 CORPS

11 For an additional amount for ‘‘Procurement of Am12 munition, Navy and Marine Corps’’, $143,150,000, to re13 main available for obligation until September 30, 2009: 

14 Provided, That the amount provided under this heading 

15 is designated as making appropriations for contingency 

16 operations directly related to the global war on terrorism, 

17 and other unanticipated defense-related operations, pursu18 ant to section 402 of H. Con. Res. 376 (109th Congress), 

19 as made applicable to the House of Representatives by H. 

20 Res. 818 (109th Congress). 

21 OTHER PROCUREMENT, NAVY

22 For an additional amount for ‘‘Other Procurement, 

23 Navy’’, $28,865,000, to remain available for obligation 

24 until September 30, 2009: Provided, That the amount pro25 vided under this heading is designated as making approVerDate Aug 31 2005 22:25 Jun 16, 2006 Jkt 049196 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\H5631.RH H5631

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1 priations for contingency operations directly related to the 

2 global war on terrorism, and other unanticipated defense3 related operations, pursuant to section 402 of H. Con. 

4 Res. 376 (109th Congress), as made applicable to the 

5 House of Representatives by H. Res. 818 (109th Con6 gress). 

7 PROCUREMENT, MARINE CORPS

8 For an additional amount for ‘‘Procurement, Marine 

9 Corps’’, $621,450,000, to remain available for obligation 

10 until September 30, 2009: Provided, That the amount pro11 vided under this heading is designated as making appro12 priations for contingency operations directly related to the 

13 global war on terrorism, and other unanticipated defense14 related operations, pursuant to section 402 of H. Con. 

15 Res. 376 (109th Congress), as made applicable to the 

16 House of Representatives by H. Res. 818 (109th Con17 gress). 

18 AIRCRAFT PROCUREMENT, AIR FORCE

19 For an additional amount for ‘‘Aircraft Procurement, 

20 Air Force’’, $912,500,000, to remain available for obliga21 tion until September 30, 2009: Provided, That the amount 

22 provided under this heading is designated as making ap23 propriations for contingency operations directly related to 

24 the global war on terrorism, and other unanticipated de25 fense-related operations, pursuant to section 402 of H. 


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1 Con. Res. 376 (109th Congress), as made applicable to 

2 the House of Representatives by H. Res. 818 (109th Con3 gress). 

4 MISSILE PROCUREMENT, AIR FORCE

5 For an additional amount for ‘‘Missile Procurement, 

6 Air Force’’, $32,650,000, to remain available for obliga7 tion until September 30, 2009: Provided, That the amount 

8 provided under this heading is designated as making ap9 propriations for contingency operations directly related to 

10 the global war on terrorism, and other unanticipated de11 fense-related operations, pursuant to section 402 of H. 

12 Con. Res. 376 (109th Congress), as made applicable to 

13 the House of Representatives by H. Res. 818 (109th Con14 gress). 

15 OTHER PROCUREMENT, AIR FORCE

16 For an additional amount for ‘‘Other Procurement, 

17 Air Force’’, $9,850,000, to remain available for obligation 

18 until September 30, 2009: Provided, That the amount pro19 vided under this heading is designated as making appro20 priations for contingency operations directly related to the 

21 global war on terrorism, and other unanticipated defense22 related operations, pursuant to section 402 of H. Con. 

23 Res. 376 (109th Congress), as made applicable to the 

24 House of Representatives by H. Res. 818 (109th Con25 gress). 


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1 PROCUREMENT, DEFENSE-WIDE

2 For an additional amount for ‘‘Procurement, De3 fense-Wide’’, $121,600,000, to remain available for obliga4 tion until September 30, 2009: Provided, That the amount 

5 provided under this heading is designated as making ap6 propriations for contingency operations directly related to 

7 the global war on terrorism, and other unanticipated de8 fense-related operations, pursuant to section 402 of H. 

9 Con. Res. 376 (109th Congress), as made applicable to 

10 the House of Representatives by H. Res. 818 (109th Con11 gress). 

12 REVOLVING AND MANAGEMENT FUNDS 

13 DEFENSE WORKING CAPITAL FUNDS

14 For an additional amount for ‘‘Defense Working 

15 Capital Funds’’, $1,000,000,000: Provided, That the 

16 amount provided under this heading is designated as mak17 ing appropriations for contingency operations directly re18 lated to the global war on terrorism, and other unantici19 pated defense-related operations, pursuant to section 402 

20 of H. Con. Res. 376 (109th Congress), as made applicable 

21 to the House of Representatives by H. Res. 818 (109th 

22 Congress). 


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1 GENERAL PROVISIONS 

2 SEC. 9001. Appropriations provided in this title are 

3 available for obligation until September 30, 2007, unless 

4 otherwise so provided in this title. 

5 SEC. 9002. Notwithstanding any other provision of 

6 law or of this Act, funds made available in this title are 

7 in addition to amounts provided elsewhere in this Act. 

8 (TRANSFER OF FUNDS) 

9 SEC. 9003. Upon his determination that such action 

10 is necessary in the national interest, the Secretary of De11 fense may transfer between appropriations up to 

12 $2,500,000,000 of the funds made available to the De13 partment of Defense in this title: Provided, That the Sec14 retary shall notify the Congress promptly of each transfer 

15 made pursuant to the authority in this section: Provided 

16 further, That the authority provided in this section is in 

17 addition to any other transfer authority available to the 

18 Department of Defense and is subject to the same terms 

19 and conditions as the authority provided in section 8005 

20 of this Act. 

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

22 available by the transfer of funds in or pursuant to this 

23 title, for intelligence activities are deemed to be specifically 

24 authorized by the Congress for purposes of section 504 

25 of the National Security Act of 1947 (50 U.S.C. 414). 


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1 SEC. 9005. None of the funds provided in this title 

2 may be used to finance programs or activities denied by 

3 Congress in fiscal years 2006 or 2007 appropriations to 

4 the Department of Defense or to initiate a procurement 

5 or research, development, test and evaluation new start 

6 program without prior written notification to the congres7 sional defense committees. 

8 SEC. 9006. Notwithstanding any other provision of 

9 law, of the funds made available in this title to the Depart10 ment of Defense for operation and maintenance, not to 

11 exceed $1,000,000,000 may be used by the Secretary of 

12 Defense, with the concurrence of the Secretary of State, 

13 to train, equip and provide related assistance only to mili14 tary or security forces of Iraq and Afghanistan to enhance 

15 their capability to combat terrorism and to support United 

16 States military operations in Iraq and Afghanistan: Pro17 vided, That such assistance may include the provision of 

18 equipment, supplies, services, training, infrastructure and 

19 funding: Provided further, That the authority to provide 

20 assistance under this section is in addition to any other 

21 authority to provide assistance to foreign nations: Pro22 vided further, That the Secretary of Defense shall notify 

23 the congressional defense committees, the Committee on 

24 International Relations of the House of Representatives, 

25 and the Committee on Foreign Relations of the Senate 


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1 not less than 15 days before providing assistance under 

2 the authority of this section. 

3 SEC. 9007. (a) From funds made available in this 

4 title to the Department of Defense, not to exceed 

5 $500,000,000 may be used, notwithstanding any other 

6 provision of law, to fund the Commander’s Emergency Re7 sponse Program, for the purpose of enabling military com8 manders in Iraq to respond to urgent humanitarian relief 

9 and reconstruction requirements within their areas of re10 sponsibility by carrying out programs that will imme11 diately assist the Iraqi people, and to fund a similar pro12 gram to assist the people of Afghanistan. 

13 (b) QUARTERLY REPORTS.—Not later than 15 days 

14 after the end of each fiscal year quarter (beginning with 

15 the first quarter of fiscal year 2007), the Secretary of De16 fense shall submit to the congressional defense committees 

17 a report regarding the source of funds and the allocation 

18 and use of funds during that quarter that were made 

19 available pursuant to the authority provided in this section 

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

21 the programs under subsection (a). 

22 SEC. 9008. During the current fiscal year, funds 

23 available to the Department of Defense for operation and 

24 maintenance may be used, notwithstanding any other pro25 vision of law, to provide supplies, services, transportation, 


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1 including airlift and sealift, and other logistical support 

2 to coalition forces supporting military and stability oper3 ations in Iraq and Afghanistan: Provided, That the Sec4 retary of Defense shall provide quarterly reports to the 

5 congressional defense committees regarding support pro6 vided under this section. 

7 SEC. 9009. Supervision and administration costs as8 sociated with a construction project funded with appro9 priations available for operation and maintenance, and ex10 ecuted in direct support of the Global War on Terrorism 

11 only in Iraq and Afghanistan, may be obligated at the time 

12 a construction contract is awarded: Provided, That for the 

13 purpose of this section, supervision and administration 

14 costs include all in-house Government costs. 

15 SEC. 9010. The reporting requirements of section 

16 9010 of Public Law 109–148 shall apply to the funds ap17 propriated in this title. 

18 SEC. 9011. Amounts provided in chapter 1 of title 

19 V of the Emergency Supplemental Appropriations Act for 

20 Defense, the Global War on Terror, and Hurricane Recov21 ery, 2006 are hereby designated as emergency require22 ments pursuant to section 402 of H. Con. Res. 95 (109th 

23 Congress), the concurrent resolution on the budget for fis24 cal year 2006. 


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115 

HR 5631 RH 

1 SEC. 9012. None of the funds made available in this 

2 Act may be used by the Government of the United States 

3 to enter into a basing rights agreement between the 

4 United States and Iraq. 

5 This Act may be cited as the ‘‘Department of Defense 

6 Appropriations Act, 2007’’. 


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Union Calendar No. 281 

109TH CONGRESS 

2D SESSION H. R. 5631 

[Report No. 109

–504] 

A BILL 

Making appropriations for the Department of De2007, and for other purposes. fense for the fiscal year ending September 30, 

JUNE 16, 2006 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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