II 

Calendar No. 532 

109TH CONGRESS 

2D SESSION H.R. 5631 

[Report No. 109–292] 

IN THE SENATE OF THE UNITED STATES 

JUNE 21, 2006 

Received; read twice and referred to the Committee on Appropriations 

JULY 25, 2006 

Reported by Mr. STEVENS, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

AN ACT 

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: 
2 

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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, 
3 

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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 Depart-
4 

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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 
5 

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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 
6 

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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 
7 

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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, 
10 

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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, 
13 

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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 
14 

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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 
15 

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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, 

25 and the land necessary therefor, for the foregoing pur-
17 

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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 con-
19 

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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. 
20 

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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 
22 

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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 
23 

HR 5631 RS 

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 
24 

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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 ac-
25 

HR 5631 RS 

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 
26 

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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 
27 

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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 (reduced by 

18 $5,000,000) (increased by $5,000,000), to remain avail19 able for obligation until September 30, 2008. 

20 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

21 NAVY

22 For expenses necessary for basic and applied sci23 entific research, development, test and evaluation, includ24 ing maintenance, rehabilitation, lease, and operation of fa25 cilities and equipment, $17,654,518,000, to remain avail-
28 

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1 able for obligation until September 30, 2008: Provided, 

2 That funds appropriated in this paragraph which are 

3 available for the V–22 may be used to meet unique oper4 ational requirements of the Special Operations Forces: 

5 Provided further, That funds appropriated in this para6 graph shall be available for the Cobra Judy program. 

7 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

8 AIR FORCE

9 For expenses necessary for basic and applied sci10 entific research, development, test and evaluation, includ11 ing maintenance, rehabilitation, lease, and operation of fa12 cilities and equipment, $24,457,062,000, to remain avail13 able for obligation until September 30, 2008. 

14 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

15 DEFENSE-WIDE

16 For expenses of activities and agencies of the Depart17 ment of Defense (other than the military departments), 

18 necessary for basic and applied scientific research, devel19 opment, test and evaluation; advanced research projects 

20 as may be designated and determined by the Secretary 

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

22 lease, and operation of facilities and equipment, 

23 $21,208,264,000, to remain available for obligation until 

24 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 
32 

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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 
33 

HR 5631 RS 

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 
34 

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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 
35 

HR 5631 RS 

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 
36 

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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 
37 

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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. 
38 

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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 
39 

HR 5631 RS 

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; 
40 

HR 5631 RS 

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 

25 Islands and freely associated states of Micronesia, pursu-
41 

HR 5631 RS 

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. 
42 

HR 5631 RS 

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— 
43 

HR 5631 RS 

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 
44 

HR 5631 RS 

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 
45 

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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 

25 agreement pursuant to section 831 of the National De-
46 

HR 5631 RS 

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 
47 

HR 5631 RS 

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 
48 

HR 5631 RS 

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. 
49 

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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 
50 

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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 enti-
51 

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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 
52 

HR 5631 RS 

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 
53 

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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. 
54 

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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. 
55 

HR 5631 RS 

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 
56 

HR 5631 RS 

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. 
57 

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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 
59 

HR 5631 RS 

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, 
60 

HR 5631 RS 

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. 
61 

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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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HR 5631 RS 

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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HR 5631 RS 

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, Com-
64 

HR 5631 RS 

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 
65 

HR 5631 RS 

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. 
66 

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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. 
67 

HR 5631 RS 

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— 
68 

HR 5631 RS 

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. 
69 

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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 ex-
70 

HR 5631 RS 

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 ac-
71 

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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 
72 

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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 
73 

HR 5631 RS 

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. (a) The Secretary of Defense may, on a 

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

8 each limitation on the procurement of defense items from 

9 foreign sources provided in law if the Secretary determines 

10 that the application of the limitation with respect to that 

11 country would invalidate cooperative programs entered 

12 into between the Department of Defense and the foreign 

13 country, or would invalidate reciprocal trade agreements 

14 for the procurement of defense items entered into under 

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

16 country does not discriminate against the same or similar 

17 defense items produced in the United States for that coun18 try. 

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

20 (1) contracts and subcontracts entered into on 

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

22 (2) options for the procurement of items that 

23 are exercised after such date under contracts that 

24 are entered into before such date if the option prices 
74 

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1 are adjusted for any reason other than the applica2 tion of a waiver granted under subsection (a). 

3 (c) Subsection (a) does not apply to a limitation re4 garding construction of public vessels, ball and roller bear5 ings, food, and clothing or textile materials as defined by 

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

7 Schedule and products classified under headings 4010, 

8 4202, 4203, 6401 through 6406, 6505, 7019, 7218 

9 through 7229, 7304.41 through 7304.49, 7306.40, 7502 

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

11 SEC. 8058. (a) PROHIBITION.—None of the funds 

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

13 training program involving a unit of the security forces 

14 of a foreign country if the Secretary of Defense has re15 ceived credible information from the Department of State 

16 that the unit has committed a gross violation of human 

17 rights, unless all necessary corrective steps have been 

18 taken. 

19 (b) MONITORING.—The Secretary of Defense, in con20 sultation with the Secretary of State, shall ensure that 

21 prior to a decision to conduct any training program re22 ferred to in subsection (a), full consideration is given to 

23 all credible information available to the Department of 

24 State relating to human rights violations by foreign secu25 rity forces. 
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1 (c) WAIVER.—The Secretary of Defense, after con2 sultation with the Secretary of State, may waive the prohi3 bition in subsection (a) if he determines that such waiver 

4 is required by extraordinary circumstances. 

5 (d) REPORT.—Not more than 15 days after the exer6 cise of any waiver under subsection (c), the Secretary of 

7 Defense shall submit a report to the congressional defense 

8 committees describing the extraordinary circumstances, 

9 the purpose and duration of the training program, the 

10 United States forces and the foreign security forces in11 volved in the training program, and the information relat12 ing to human rights violations that necessitates the waiv13 er. 

14 SEC. 8059. None of the funds appropriated or made 

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

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

17 ships unless the main propulsion diesel engines and 

18 propulsors are manufactured in the United States by a 

19 domestically operated entity: Provided, That the Secretary 

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

21 basis by certifying in writing to the Committees on Appro22 priations of the House of Representatives and the Senate 

23 that adequate domestic supplies are not available to meet 

24 Department of Defense requirements on a timely basis 

25 and that such an acquisition must be made in order to 
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1 acquire capability for national security purposes or there 

2 exists a significant cost or quality difference. 

3 SEC. 8060. None of the funds appropriated or other4 wise made available by this or other Department of De5 fense Appropriations Acts may be obligated or expended 

6 for the purpose of performing repairs or maintenance to 

7 military family housing units of the Department of De8 fense, including areas in such military family housing 

9 units that may be used for the purpose of conducting offi10 cial Department of Defense business. 

11 SEC. 8061. Notwithstanding any other provision of 

12 law, funds appropriated in this Act under the heading 

13 ‘‘Research, Development, Test and Evaluation, Defense14 Wide’’ for any new start advanced concept technology 

15 demonstration project may only be obligated 30 days after 

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

17 planned acquisition and transition strategy and its esti18 mated annual and total cost, has been provided in writing 

19 to the congressional defense committees: Provided, That 

20 the Secretary of Defense may waive this restriction on a 

21 case-by-case basis by certifying to the congressional de22 fense committees that it is in the national interest to do 

23 so. 

24 SEC. 8062. The Secretary of Defense shall provide 

25 a classified quarterly report beginning 30 days after enact-
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1 ment of this Act, to the House and Senate Appropriations 

2 Committees, Subcommittees on Defense on certain mat3 ters as directed in the classified annex accompanying this 

4 Act. 

5 SEC. 8063. During the current fiscal year, refunds 

6 attributable to the use of the Government travel card, re7 funds attributable to the use of the Government Purchase 

8 Card and refunds attributable to official Government trav9 el arranged by Government Contracted Travel Manage10 ment Centers may be credited to operation and mainte11 nance, and research, development, test and evaluation ac12 counts of the Department of Defense which are current 

13 when the refunds are received. 

14 SEC. 8064. (a) REGISTERING FINANCIAL MANAGE15 MENT INFORMATION TECHNOLOGY SYSTEMS WITH DOD 

16 CHIEF INFORMATION OFFICER.—None of the funds ap17 propriated in this Act may be used for a mission critical 

18 or mission essential financial management information 

19 technology system (including a system funded by the de20 fense working capital fund) that is not registered with the 

21 Chief Information Officer of the Department of Defense. 

22 A system shall be considered to be registered with that 

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

24 system, together with such information concerning the 

25 system as the Secretary of Defense may prescribe. A fi-
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1 nancial management information technology system shall 

2 be considered a mission critical or mission essential infor3 mation technology system as defined by the Under Sec4 retary of Defense (Comptroller). 

5 (b) CERTIFICATIONS AS TO COMPLIANCE WITH FI6 NANCIAL MANAGEMENT MODERNIZATION PLAN.— 

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

8 management automated information system, a mixed 

9 information system supporting financial and non-fi10 nancial systems, or a system improvement of more 

11 than $1,000,000 may not receive Milestone A ap12 proval, Milestone B approval, or full rate production, 

13 or their equivalent, within the Department of De14 fense until the Under Secretary of Defense (Comp15 troller) certifies, with respect to that milestone, that 

16 the system is being developed and managed in ac17 cordance with the Department’s Financial Manage18 ment Modernization Plan. The Under Secretary of 

19 Defense (Comptroller) may require additional certifi20 cations, as appropriate, with respect to any such sys21 tem. 

22 (2) The Chief Information Officer shall provide 

23 the congressional defense committees timely notifica24 tion of certifications under paragraph (1). 
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1 (c) CERTIFICATIONS AS TO COMPLIANCE WITH

2 CLINGER-COHEN ACT.— 

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

4 automated information system may not receive Mile5 stone A approval, Milestone B approval, or full rate 

6 production approval, or their equivalent, within the 

7 Department of Defense until the Chief Information 

8 Officer certifies, with respect to that milestone, that 

9 the system is being developed in accordance with the 

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

11 The Chief Information Officer may require addi12 tional certifications, as appropriate, with respect to 

13 any such system. 

14 (2) The Chief Information Officer shall provide 

15 the congressional defense committees timely notifica16 tion of certifications under paragraph (1). Each 

17 such notification shall include, at a minimum, the 

18 funding baseline and milestone schedule for each 

19 system covered by such a certification and confirma20 tion that the following steps have been taken with 

21 respect to the system: 

22 (A) Business process reengineering. 

23 (B) An analysis of alternatives. 

24 (C) An economic analysis that includes a 

25 calculation of the return on investment. 
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1 (D) Performance measures. 

2 (E) An information assurance strategy 

3 consistent with the Department’s Global Infor4 mation Grid. 

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

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

7 means the senior official of the Department of De8 fense designated by the Secretary of Defense pursu9 ant to section 3506 of title 44, United States Code. 

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

11 has the meaning given the term ‘‘information tech12 nology’’ in section 5002 of the Clinger-Cohen Act of 

13 1996 (40 U.S.C. 1401). 

14 SEC. 8065. During the current fiscal year, none of 

15 the funds available to the Department of Defense may be 

16 used to provide support to another department or agency 

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

18 than 90 days in arrears in making payment to the Depart19 ment of Defense for goods or services previously provided 

20 to such department or agency on a reimbursable basis: 

21 Provided, That this restriction shall not apply if the de22 partment is authorized by law to provide support to such 

23 department or agency on a nonreimbursable basis, and is 

24 providing the requested support pursuant to such author25 ity: Provided further, That the Secretary of Defense may 
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1 waive this restriction on a case-by-case basis by certifying 

2 in writing to the Committees on Appropriations of the 

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

4 national security interest to do so. 

5 SEC. 8066. Notwithstanding section 12310(b) of title 

6 10, United States Code, a Reservist who is a member of 

7 the National Guard serving on full-time National Guard 

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

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

10 Ballistic Missile Defense System. 

11 SEC. 8067. None of the funds provided in this Act 

12 may be used to transfer to any nongovernmental entity 

13 ammunition held by the Department of Defense that has 

14 a center-fire cartridge and a United States military no15 menclature designation of ‘‘armor penetrator’’, ‘‘armor 

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

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

18 entity performing demilitarization services for the Depart19 ment of Defense under a contract that requires the entity 

20 to demonstrate to the satisfaction of the Department of 

21 Defense that armor piercing projectiles are either: (1) ren22 dered incapable of reuse by the demilitarization process; 

23 or (2) used to manufacture ammunition pursuant to a con24 tract with the Department of Defense or the manufacture 

25 of ammunition for export pursuant to a License for Per-
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1 manent Export of Unclassified Military Articles issued by 

2 the Department of State. 

3 SEC. 8068. Notwithstanding any other provision of 

4 law, the Chief of the National Guard Bureau, or his des5 ignee, may waive payment of all or part of the consider6 ation that otherwise would be required under section 2667 

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

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

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

10 United States Code, or any other youth, social, or fra11 ternal non-profit organization as may be approved by the 

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

13 a case-by-case basis. 

14 SEC. 8069. None of the funds appropriated by this 

15 Act shall be used for the support of any nonappropriated 

16 funds activity of the Department of Defense that procures 

17 malt beverages and wine with nonappropriated funds for 

18 resale (including such alcoholic beverages sold by the 

19 drink) on a military installation located in the United 

20 States unless such malt beverages and wine are procured 

21 within that State, or in the case of the District of Colum22 bia, within the District of Columbia, in which the military 

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

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

25 purchases may be made in any State in which the installa-
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1 tion is located: Provided further, That such local procure2 ment requirements for malt beverages and wine shall 

3 apply to all alcoholic beverages only for military installa4 tions in States which are not contiguous with another 

5 State: Provided further, That alcoholic beverages other 

6 than wine and malt beverages, in contiguous States and 

7 the District of Columbia shall be procured from the most 

8 competitive source, price and other factors considered. 

9 SEC. 8070. Funds available to the Department of De10 fense for the Global Positioning System during the current 

11 fiscal year may be used to fund civil requirements associ12 ated with the satellite and ground control segments of 

13 such system’s modernization program. 

14 (INCLUDING TRANSFER OF FUNDS) 

15 SEC. 8071. Of the amounts appropriated in this Act 

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

17 $78,300,000 shall remain available until expended: Pro18 vided, That notwithstanding any other provision of law, 

19 the Secretary of Defense is authorized to transfer such 

20 funds to other activities of the Federal Government: Pro21 vided further, That the Secretary of Defense is authorized 

22 to enter into and carry out contracts for the acquisition 

23 of real property, construction, personal services, and oper24 ations related to projects carrying out the purposes of this 

25 section: Provided further, That contracts entered into 
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1 under the authority of this section may provide for such 

2 indemnification as the Secretary determines to be nec3 essary: Provided further, That projects authorized by this 

4 section shall comply with applicable Federal, State, and 

5 local law to the maximum extent consistent with the na6 tional security, as determined by the Secretary of Defense. 

7 SEC. 8072. Section 8106 of the Department of De8 fense Appropriations Act, 1997 (titles I through VIII of 

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

10 208; 110 Stat. 3009–111; 10 U.S.C. 113 note) shall con11 tinue in effect to apply to disbursements that are made 

12 by the Department of Defense in fiscal year 2007. 

13 SEC. 8073. In addition to amounts provided else14 where in this Act, $2,500,000 is hereby appropriated to 

15 the Department of Defense, to remain available for obliga16 tion until expended: Provided, That notwithstanding any 

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

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

19 for the construction and furnishing of additional Fisher 

20 Houses to meet the needs of military family members 

21 when confronted with the illness or hospitalization of an 

22 eligible military beneficiary. 

23 SEC. 8074. Amounts appropriated in title II of this 

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

25 attributable to efficiencies and management improvements 
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1 in the funding of miscellaneous or other contracts in the 

2 military departments, as follows: 

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

4 $31,100,000. 

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

6 $35,000,000. 

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

8 Corps’’, $5,000,000. 

9 SEC. 8075. The total amount appropriated or other10 wise made available in this Act is hereby reduced by 

11 $22,000,000 to limit excessive growth in the procurement 

12 of advisory and assistance services, to be distributed as 

13 follows: 

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

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

16 $2,000,000. 

17 (INCLUDING TRANSFER OF FUNDS) 

18 SEC. 8076. Of the amounts appropriated in this Act 

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

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

21 available for the Arrow missile defense program: Provided, 

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

23 the purpose of producing Arrow missile components in the 

24 United States and Arrow missile components and missiles 

25 in Israel to meet Israel’s defense requirements, consistent 
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1 with each nation’s laws, regulations and procedures: Pro2 vided further, That funds made available under this provi3 sion for production of missiles and missile components 

4 may be transferred to appropriations available for the pro5 curement of weapons and equipment, to be merged with 

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

7 purposes as the appropriation to which transferred: Pro8 vided further, That the transfer authority provided under 

9 this provision is in addition to any other transfer authority 

10 contained in this Act. 

11 (INCLUDING TRANSFER OF FUNDS) 

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

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

14 $436,449,000 shall be available until September 30, 2007, 

15 to fund prior year shipbuilding cost increases: Provided, 

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

17 Navy shall transfer such funds to the following appropria18 tions in the amounts specified: Provided further, That the 

19 amounts transferred shall be merged with and be available 

20 for the same purposes as the appropriations to which 

21 transferred: 

22 To: 

23 Under the heading ‘‘Shipbuilding and Conversion, 

24 Navy, 1999/2007’’: 

25 New SSN, $15,000,000; 
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1 Under the heading ‘‘Shipbuilding and Conversion, 

2 Navy, 2000/2007’’: 

3 LPD–17 Amphibious Transport Dock Ship 

4 Program, $39,049,000; 

5 Under the heading ‘‘Shipbuilding and Conversion, 

6 Navy, 2001/2007’’: 

7 New SSN, $31,000,000; 

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

9 Under the heading ‘‘Shipbuilding and Conversion, 

10 Navy, 2003/2007’’: 

11 New SSN, $22,000,000; 

12 Under the heading ‘‘Shipbuilding and Conversion, 

13 Navy, 2005/2009’’; and 

14 LPD–17 Amphibious Transport Dock Ship 

15 Program, $11,000,000. 

16 SEC. 8078. The Secretary of the Navy may settle, 

17 or compromise, and pay any and all admiralty claims 

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

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

20 and the EHIME MARU, in any amount and without re21 gard to the monetary limitations in subsections (a) and 

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

23 be made from funds available to the Department of the 

24 Navy for operation and maintenance. 
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1 SEC. 8079. Funds appropriated by this Act, or made 

2 available by the transfer of funds in this Act, for intel3 ligence activities are deemed to be specifically authorized 

4 by the Congress for purposes of section 504 of the Na5 tional Security Act of 1947 (50 U.S.C. 414) during fiscal 

6 year 2007 until the enactment of the Intelligence Author7 ization Act for fiscal year 2007. 

8 SEC. 8080. None of the funds in this Act may be 

9 used to initiate a new start program without prior written 

10 notification to the Office of Secretary of Defense and the 

11 congressional defense committees. 

12 SEC. 8081. (a) In addition to the amounts provided 

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

14 appropriated to the Department of Defense for ‘‘Oper15 ation and Maintenance, Army National Guard’’. Such 

16 amount shall be made available to the Secretary of the 

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

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

19 by veterans to opportunities for skilled employment in the 

20 construction industry. 

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

22 Center for Military Recruitment, Assessment and Vet23 erans Employment, a nonprofit labor-management co-op24 eration committee provided for by section 302(c)(9) of the 

25 Labor-Management Relations Act, 1947 (29 U.S.C. 
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1 186(c)(9)), for the purposes set forth in section 6(b) of 

2 the Labor Management Cooperation Act of 1978 (29 

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

4 SEC. 8082. FINANCING AND FIELDING OF KEY ARMY

5 CAPABILITIES.—The Department of Defense and the De6 partment of the Army shall make future budgetary and 

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

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

9 caliber ammunition resupply capability for this system 

10 supported by the Future Combat Systems (FCS) Brigade 

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

12 year 2010: Provided, That the Army shall develop the 

13 NLOS–C independent of the broader FCS development 

14 timeline to achieve fielding by fiscal year 2010. In addition 

15 the Army will deliver eight (8) combat operational pre16 production NLOS–C systems by the end of calendar year 

17 2008. These systems shall be in addition to those systems 

18 necessary for developmental and operational testing: Pro19 vided further, That the Army shall ensure that budgetary 

20 and programmatic plans will provide for no fewer than 

21 seven (7) Stryker Brigade Combat Teams. 

22 SEC. 8083. In addition to the amounts appropriated 

23 or otherwise made available elsewhere in this Act, 

24 $13,000,000 is hereby appropriated to the Department of 

25 Defense, to remain available until September 30, 2007: 
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1 Provided, That the Secretary of Defense shall make grants 

2 in the amounts specified as follows: $4,500,000 to the In3 trepid Sea-Air-Space Foundation; $4,000,000 to the Cen4 ter for Applied Science and Technologies at Jordan Valley 

5 Innovation Center; $1,000,000 to the Women in Military 

6 Service for America Memorial Foundation; $2,000,000 to 

7 The Presidio Trust; and, $1,500,000 to the Red Cross 

8 Consolidated Blood Services Facility. 

9 SEC. 8084. The budget of the President for fiscal 

10 year 2008 submitted to the Congress pursuant to section 

11 1105 of title 31, United States Code shall include separate 

12 budget justification documents for costs of United States 

13 Armed Forces’ participation in contingency operations for 

14 the Military Personnel accounts, the Operation and Main15 tenance accounts, and the Procurement accounts: Pro16 vided, That these documents shall include a description 

17 of the funding requested for each contingency operation, 

18 for each military service, to include all Active and Reserve 

19 components, and for each appropriations account: Pro20 vided further, That these documents shall include esti21 mated costs for each element of expense or object class, 

22 a reconciliation of increases and decreases for each contin23 gency operation, and programmatic data including, but 

24 not limited to, troop strength for each Active and Reserve 

25 component, and estimates of the major weapons systems 
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1 deployed in support of each contingency: Provided further, 

2 That these documents shall include budget exhibits OP– 

3 5 and OP–32 (as defined in the Department of Defense 

4 Financial Management Regulation) for all contingency op5 erations for the budget year and the two preceding fiscal 

6 years. 

7 SEC. 8085. None of the funds in this Act may be 

8 used for research, development, test, evaluation, procure9 ment or deployment of nuclear armed interceptors of a 

10 missile defense system. 

11 SEC. 8086. Of the amounts provided in title II of this 

12 Act under the heading ‘‘Operation and Maintenance, De13 fense-Wide’’, up to $20,000,000 is available for the Re14 gional Defense Counter-terrorism Fellowship Program, to 

15 fund the education and training of foreign military offi16 cers, ministry of defense civilians, and other foreign secu17 rity officials, to include United States military officers and 

18 civilian officials whose participation directly contributes to 

19 the education and training of these foreign students. 

20 SEC. 8087. None of the funds appropriated or made 

21 available in this Act shall be used to reduce or disestablish 

22 the operation of the 53rd Weather Reconnaissance Squad23 ron of the Air Force Reserve, if such action would reduce 

24 the WC–130 Weather Reconnaissance mission below the 

25 levels funded in this Act: Provided, That the Air Force 
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1 shall allow the 53rd Weather Reconnaissance Squadron to 

2 perform other missions in support of national defense re3 quirements during the non-hurricane season. 

4 SEC. 8088. None of the funds provided in this Act 

5 shall be available for integration of foreign intelligence in6 formation unless the information has been lawfully col7 lected and processed during the conduct of authorized for8 eign intelligence activities: Provided, That information 

9 pertaining to United States persons shall only be handled 

10 in accordance with protections provided in the Fourth 

11 Amendment of the United States Constitution as imple12 mented through Executive Order No. 12333. 

13 SEC. 8089. (a) At the time members of reserve com14 ponents of the Armed Forces are called or ordered to ac15 tive duty under section 12302(a) of title 10, United States 

16 Code, each member shall be notified in writing of the ex17 pected period during which the member will be mobilized. 

18 (b) The Secretary of Defense may waive the require19 ments of subsection (a) in any case in which the Secretary 

20 determines that it is necessary to do so to respond to a 

21 national security emergency or to meet dire operational 

22 requirements of the Armed Forces. 

23 (INCLUDING TRANSFER OF FUNDS) 

24 SEC. 8090. The Secretary of Defense may transfer 

25 funds from any available Department of the Navy appro-
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1 priation to any available Navy ship construction appro2 priation for the purpose of liquidating necessary changes 

3 resulting from inflation, market fluctuations, or rate ad4 justments for any ship construction program appropriated 

5 in law: Provided, That the Secretary may transfer not to 

6 exceed $100,000,000 under the authority provided by this 

7 section: Provided further, That the funding transferred 

8 shall be available for the same time period as the appro9 priation to which transferred: Provided further, That the 

10 Secretary may not transfer any funds until 30 days after 

11 the proposed transfer has been reported to the Committees 

12 on Appropriations of the Senate and the House of Rep13 resentatives, unless sooner notified by the Committees 

14 that there is no objection to the proposed transfer: Pro15 vided further, That the transfer authority provided by this 

16 section is in addition to any other transfer authority con17 tained elsewhere in this Act. 

18 SEC. 8091. (a) The total amount appropriated or oth19 erwise made available in title II of this Act is hereby re20 duced by $45,000,000 to limit excessive growth in the 

21 travel and transportation of persons. 

22 (b) The Secretary of Defense shall allocate this re23 duction proportionately to each budget activity, activity 

24 group, subactivity group, and each program, project, and 

25 activity within each applicable appropriation account. 
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1 SEC. 8092. For purposes of section 612 of title 41, 

2 United States Code, any subdivision of appropriations 

3 made under the heading ‘‘Shipbuilding and Conversion, 

4 Navy’’ that is not closed at the time reimbursement is 

5 made shall be available to reimburse the Judgment Fund 

6 and shall be considered for the same purposes as any sub7 division under the heading ‘‘Shipbuilding and Conversion, 

8 Navy’’ appropriations in the current fiscal year or any 

9 prior fiscal year. 

10 SEC. 8093. The Secretary of Defense may present 

11 promotional materials, including a United States flag, to 

12 any member of an Active or Reserve component under the 

13 Secretary’s jurisdiction who, as determined by the Sec14 retary, participates in Operation Enduring Freedom or 

15 Operation Iraqi Freedom, along with other recognition 

16 items in conjunction with any week-long national observa17 tion and day of national celebration, if established by 

18 Presidential proclamation, for any such members return19 ing from such operations. 

20 SEC. 8094. Notwithstanding any other provision of 

21 this Act, to reflect savings from revised economic assump22 tions the total amount appropriated in title II of this Act 

23 is hereby reduced by $514,800,000, the total amount ap24 propriated in title III of this Act is hereby reduced by 

25 $93,900,000, the total amount appropriated in title IV of 
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1 this Act is hereby reduced by $315,900,000, the total 

2 amount appropriated in title V of this Act is hereby re3 duced by $10,400,000, the total amount appropriated in 

4 title VI of this Act is hereby reduced by $10,350,000, and 

5 the total amount appropriated in title VII of this Act is 

6 hereby reduced by $3,650,000: Provided, That the Sec7 retary of Defense shall allocate this reduction proportion8 ally to each budget activity, activity group, subactivity 

9 group, and each program, project, and activity, within 

10 each appropriation account: Provided further, That this re11 duction shall not apply to ‘‘Central Intelligence Agency 

12 Retirement and Disability System Fund’’. 

13 SEC. 8095. Notwithstanding any other provision in 

14 this Act, to reflect savings from favorable foreign currency 

15 fluctuations, the total amount appropriated in title I of 

16 this Act is hereby reduced by $23,200,000, the total 

17 amount appropriated in title II of this Act is hereby re18 duced by $32,800,000, the total amount appropriated in 

19 title III of this Act is hereby reduced by $22,100,000, the 

20 total amount appropriated in title IV of this Act is hereby 

21 reduced by $20,200,000, the total amount appropriated 

22 in title V of this Act is hereby reduced by $700,000, the 

23 total amount appropriated in title VI of this Act is hereby 

24 reduced by $700,000, and the total amount appropriated 

25 in title VII of this Act is hereby reduced by $300,000: 
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1 Provided, That the Secretary of Defense shall allocate this 

2 reduction proportionally to each budget activity, activity 

3 group, subactivity group, and each program, project, and 

4 activity, within each appropriation account. 

5 SEC. 8096. The Secretary of Defense shall, not later 

6 than 90 days after the enactment of this Act, submit to 

7 the congressional defense committees a report detailing 

8 the efforts by the Department of Defense Education Activ9 ity (DoDEA) to address dyslexia in students at DoDEA 

10 schools: Provided, That this report shall include a descrip11 tion of funding provided in this and other Department of 

12 Defense Appropriations Acts used by DoDEA schools to 

13 address dyslexia. 

14 SEC. 8097. Appropriations available to the Depart15 ment of Defense may be used for the purchase of heavy 

16 and light armored vehicles for force protection purposes, 

17 notwithstanding price or other limitations applicable to the 

18 purchase of passenger carrying vehicles. 

19 TITLE IX 

20 ADDITIONAL APPROPRIATIONS 

21 MILITARY PERSONNEL 

22 MILITARY PERSONNEL, ARMY

23 For an additional amount for ‘‘Military Personnel, 

24 Army’’, $4,346,710,000: Provided, That the amount pro25 vided under this heading is designated as making appro-
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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 MILITARY PERSONNEL, NAVY

8 For an additional amount for ‘‘Military Personnel, 

9 Navy’’, $229,096,000: Provided, That the amount pro10 vided under this heading is designated as making appro11 priations for contingency operations directly related to the 

12 global war on terrorism, and other unanticipated defense13 related operations, pursuant to section 402 of H. Con. 

14 Res. 376 (109th Congress), as made applicable to the 

15 House of Representatives by H. Res. 818 (109th Con16 gress). 

17 MILITARY PERSONNEL, MARINE CORPS

18 For an additional amount for ‘‘Military Personnel, 

19 Marine Corps’’, $495,456,000: Provided, That the amount 

20 provided under this heading is designated as making ap21 propriations for contingency operations directly related to 

22 the global war on terrorism, and other unanticipated de23 fense-related operations, pursuant to section 402 of H. 

24 Con. Res. 376 (109th Congress), as made applicable to 
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1 the House of Representatives by H. Res. 818 (109th Con2 gress). 

3 MILITARY PERSONNEL, AIR FORCE

4 For an additional amount for ‘‘Military Personnel, 

5 Air Force’’, $659,788,000: Provided, That the amount 

6 provided under this heading is designated as making ap7 propriations for contingency operations directly related to 

8 the global war on terrorism, and other unanticipated de9 fense-related operations, pursuant to section 402 of H. 

10 Con. Res. 376 (109th Congress), as made applicable to 

11 the House of Representatives by H. Res. 818 (109th Con12 gress). 

13 RESERVE PERSONNEL, NAVY

14 For an additional amount for ‘‘Reserve Personnel, 

15 Navy’’, $10,000,000: Provided, That the amount provided 

16 under this heading is designated as making appropriations 

17 for contingency operations directly related to the global 

18 war on terrorism, and other unanticipated defense-related 

19 operations, pursuant to section 402 of H. Con. Res. 376 

20 (109th Congress), as made applicable to the House of 

21 Representatives by H. Res. 818 (109th Congress). 

22 NATIONAL GUARD PERSONNEL, ARMY

23 For an additional amount for ‘‘National Guard Per24 sonnel, Army’’, $251,000,000: Provided, That the amount 

25 provided under this heading is designated as making ap-
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1 propriations for contingency operations directly related to 

2 the global war on terrorism, and other unanticipated de3 fense-related operations, pursuant to section 402 of H. 

4 Con. Res. 376 (109th Congress), as made applicable to 

5 the House of Representatives by H. Res. 818 (109th Con6 gress). 

7 OPERATION AND MAINTENANCE 

8 OPERATION AND MAINTENANCE, ARMY

9 For an additional amount for ‘‘Operation and Main10 tenance, Army’’, $24,280,000,000: Provided, That the 

11 amount provided under this heading is designated as mak12 ing appropriations for contingency operations directly re13 lated to the global war on terrorism, and other unantici14 pated defense-related operations, pursuant to section 402 

15 of H. Con. Res. 376 (109th Congress), as made applicable 

16 to the House of Representatives by H. Res. 818 (109th 

17 Congress). 

18 OPERATION AND MAINTENANCE, NAVY

19 For an additional amount for ‘‘Operation and Main20 tenance, Navy’’, $1,954,145,000: Provided, That the 

21 amount provided under this heading is designated as mak22 ing appropriations for contingency operations directly re23 lated to the global war on terrorism, and other unantici24 pated defense-related operations, pursuant to section 402 

25 of H. Con. Res. 376 (109th Congress), as made applicable 
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1 to the House of Representatives by H. Res. 818 (109th 

2 Congress). 

3 OPERATION AND MAINTENANCE, MARINE CORPS

4 For an additional amount for ‘‘Operation and Main5 tenance, Marine Corps’’, $1,781,500,000: Provided, That 

6 the amount provided under this heading is designated as 

7 making appropriations for contingency operations directly 

8 related to the global war on terrorism, and other unantici9 pated defense-related operations, pursuant to section 402 

10 of H. Con. Res. 376 (109th Congress), as made applicable 

11 to the House of Representatives by H. Res. 818 (109th 

12 Congress). 

13 OPERATION AND MAINTENANCE, AIR FORCE

14 For an additional amount for ‘‘Operation and Main15 tenance, Air Force’’, $2,987,108,000: 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). 

23 OPERATION AND MAINTENANCE, DEFENSE-WIDE

24 For an additional amount for ‘‘Operation and Main25 tenance, Defense-Wide’’, $2,186,673,000, of which up to 
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1 $300,000,000, to remain available until expended, may be 

2 used for payments to reimburse Pakistan, Jordan, and 

3 other key cooperating nations, for logistical, military, and 

4 other support provided, or to be provided, to United States 

5 military operations, notwithstanding any other provision 

6 of law: Provided, That such payments may be made in 

7 such amounts as the Secretary of Defense, with the con8 currence of the Secretary of State, and in consultation 

9 with the Director of the Office of Management and Budg10 et, may determine, in his discretion, based on documenta11 tion determined by the Secretary of Defense to adequately 

12 account for the support provided, and such determination 

13 is final and conclusive upon the accounting officers of the 

14 United States, and 15 days following notification to the 

15 appropriate congressional committees: Provided further, 

16 That the Secretary of Defense shall provide quarterly re17 ports to the congressional defense committees on the use 

18 of funds provided in this paragraph: Provided further, 

19 That the amount provided under this heading is des20 ignated as making appropriations for contingency oper21 ations directly related to the global war on terrorism, and 

22 other unanticipated defense-related operations, pursuant 

23 to section 402 of H. Con. Res. 376 (109th Congress), as 

24 made applicable to the House of Representatives by H. 

25 Res. 818 (109th Congress). 
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1 OPERATION AND MAINTENANCE, ARMY NATIONAL

2 GUARD

3 For an additional amount for ‘‘Operation and Main4 tenance, Army National Guard’’, $220,000,000: Provided, 

5 That the amount provided under this heading is des6 ignated as making appropriations for contingency oper7 ations directly related to the global war on terrorism, and 

8 other unanticipated defense-related operations, pursuant 

9 to section 402 of H. Con. Res. 376 (109th Congress), as 

10 made applicable to the House of Representatives by H. 

11 Res. 818 (109th Congress). 

12 IRAQ FREEDOM FUND

13 (INCLUDING TRANSFER OF FUNDS)

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

15 $4,000,000,000, to remain available for transfer until 

16 September 30, 2008, only to support operations in Iraq 

17 or Afghanistan and classified activities: Provided, That the 

18 Secretary of Defense may transfer the funds provided 

19 herein to appropriations for military personnel; operation 

20 and maintenance; Overseas Humanitarian, Disaster, and 

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

22 evaluation; and working capital funds: Provided further, 

23 That of the amounts provided under this heading, 

24 $2,500,000,000 shall only be for classified programs, de25 scribed in further detail in the classified annex accom-
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1 panying this Act: Provided further, That not less than 

2 $1,500,000,000 shall be available for the Joint IED De3 feat Organization: Provided further, That funds trans4 ferred shall be merged with and be available for the same 

5 purposes and for the same time period as the appropria6 tion or fund to which transferred: Provided further, That 

7 this transfer authority is in addition to any other transfer 

8 authority available to the Department of Defense: Pro9 vided further, That upon a determination that all or part 

10 of the funds transferred from this appropriation are not 

11 necessary for the purposes provided herein, such amounts 

12 may be transferred back to this appropriation: Provided 

13 further, That the Secretary of Defense shall, not fewer 

14 than 5 days prior to making transfers from this appropria15 tion, notify the congressional defense committees in writ16 ing of the details of any such transfer: Provided further, 

17 That the Secretary shall submit a report no later than 

18 30 days after the end of each fiscal quarter to the congres19 sional defense committees summarizing the details of the 

20 transfer of funds from this appropriation: Provided fur21 ther, That the amount provided under this heading is des22 ignated as making appropriations for contingency oper23 ations directly related to the global war on terrorism, and 

24 other unanticipated defense-related operations, pursuant 

25 to section 402 of H. Con. Res. 376 (109th Congress), as 
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1 made applicable to the House of Representatives by H. 

2 Res. 818 (109th Congress). 

3 PROCUREMENT 

4 AIRCRAFT PROCUREMENT, ARMY

5 For an additional amount for ‘‘Aircraft Procurement, 

6 Army’’, $132,400,000, to remain available for obligation 

7 until September 30, 2009: Provided, That the amount pro8 vided under this heading is designated as making appro9 priations for contingency operations directly related to the 

10 global war on terrorism, and other unanticipated defense11 related operations, pursuant to section 402 of H. Con. 

12 Res. 376 (109th Congress), as made applicable to the 

13 House of Representatives by H. Res. 818 (109th Con14 gress). 

15 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

16 VEHICLES, ARMY

17 For an additional amount for ‘‘Procurement of Weap18 ons and Tracked Combat Vehicles, Army’’, 

19 $1,214,672,000, to remain available for obligation until 

20 September 30, 2009: Provided, That the amount provided 

21 under this heading is designated as making appropriations 

22 for contingency operations directly related to the global 

23 war on terrorism, and other unanticipated defense-related 

24 operations, pursuant to section 402 of H. Con. Res. 376 
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1 (109th Congress), as made applicable to the House of 

2 Representatives by H. Res. 818 (109th Congress). 

3 PROCUREMENT OF AMMUNITION, ARMY

4 For an additional amount for ‘‘Procurement of Am5 munition, Army’’, $275,241,000, to remain available for 

6 obligation until September 30, 2009: Provided, That the 

7 amount provided under this heading is designated as mak8 ing appropriations for contingency operations directly re9 lated to the global war on terrorism, and other unantici10 pated defense-related operations, pursuant to section 402 

11 of H. Con. Res. 376 (109th Congress), as made applicable 

12 to the House of Representatives by H. Res. 818 (109th 

13 Congress). 

14 OTHER PROCUREMENT, ARMY

15 For an additional amount for ‘‘Other Procurement, 

16 Army’’, $1,939,830,000, to remain available for obligation 

17 until September 30, 2009: Provided, That the amount pro18 vided under this heading is designated as making appro19 priations for contingency operations directly related to the 

20 global war on terrorism, and other unanticipated defense21 related operations, pursuant to section 402 of H. Con. 

22 Res. 376 (109th Congress), as made applicable to the 

23 House of Representatives by H. Res. 818 (109th Con24 gress). 
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1 AIRCRAFT PROCUREMENT, NAVY

2 For an additional amount for ‘‘Aircraft Procurement, 

3 Navy’’, $34,916,000, 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 WEAPONS PROCUREMENT, NAVY

13 For an additional amount for ‘‘Weapons Procure14 ment, Navy’’, $131,400,000, to remain available for obli15 gation until September 30, 2009: 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 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

2 CORPS

3 For an additional amount for ‘‘Procurement of Am4 munition, Navy and Marine Corps’’, $143,150,000, to re5 main available for obligation until September 30, 2009: 

6 Provided, That the amount provided under this heading 

7 is designated as making appropriations for contingency 

8 operations directly related to the global war on terrorism, 

9 and other unanticipated defense-related operations, pursu10 ant to section 402 of H. Con. Res. 376 (109th Congress), 

11 as made applicable to the House of Representatives by H. 

12 Res. 818 (109th Congress). 

13 OTHER PROCUREMENT, NAVY

14 For an additional amount for ‘‘Other Procurement, 

15 Navy’’, $28,865,000, to remain available for obligation 

16 until September 30, 2009: 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 PROCUREMENT, MARINE CORPS

2 For an additional amount for ‘‘Procurement, Marine 

3 Corps’’, $621,450,000, 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, AIR FORCE

13 For an additional amount for ‘‘Aircraft Procurement, 

14 Air Force’’, $912,500,000, to remain available for obliga15 tion until September 30, 2009: Provided, That the amount 

16 provided under this heading is designated as making ap17 propriations for contingency operations directly related to 

18 the global war on terrorism, and other unanticipated de19 fense-related operations, pursuant to section 402 of H. 

20 Con. Res. 376 (109th Congress), as made applicable to 

21 the House of Representatives by H. Res. 818 (109th Con22 gress). 

23 MISSILE PROCUREMENT, AIR FORCE

24 For an additional amount for ‘‘Missile Procurement, 

25 Air Force’’, $32,650,000, to remain available for obliga-
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1 tion until September 30, 2009: Provided, That the amount 

2 provided under this heading is designated as making ap3 propriations for contingency operations directly related to 

4 the global war on terrorism, and other unanticipated de5 fense-related operations, pursuant to section 402 of H. 

6 Con. Res. 376 (109th Congress), as made applicable to 

7 the House of Representatives by H. Res. 818 (109th Con8 gress). 

9 OTHER PROCUREMENT, AIR FORCE

10 For an additional amount for ‘‘Other Procurement, 

11 Air Force’’, $9,850,000, to remain available for obligation 

12 until September 30, 2009: Provided, That the amount pro13 vided under this heading is designated as making appro14 priations for contingency operations directly related to the 

15 global war on terrorism, and other unanticipated defense16 related operations, pursuant to section 402 of H. Con. 

17 Res. 376 (109th Congress), as made applicable to the 

18 House of Representatives by H. Res. 818 (109th Con19 gress). 

20 PROCUREMENT, DEFENSE-WIDE

21 For an additional amount for ‘‘Procurement, De22 fense-Wide’’, $121,600,000, to remain available for obliga23 tion until September 30, 2009: Provided, That the amount 

24 provided under this heading is designated as making ap25 propriations for contingency operations directly related to 
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1 the global war on terrorism, and other unanticipated de2 fense-related operations, pursuant to section 402 of H. 

3 Con. Res. 376 (109th Congress), as made applicable to 

4 the House of Representatives by H. Res. 818 (109th Con5 gress). 

6 REVOLVING AND MANAGEMENT FUNDS 

7 DEFENSE WORKING CAPITAL FUNDS

8 For an additional amount for ‘‘Defense Working 

9 Capital Funds’’, $1,000,000,000: Provided, That the 

10 amount provided under this heading is designated as mak11 ing appropriations for contingency operations directly re12 lated to the global war on terrorism, and other unantici13 pated defense-related operations, pursuant to section 402 

14 of H. Con. Res. 376 (109th Congress), as made applicable 

15 to the House of Representatives by H. Res. 818 (109th 

16 Congress). 

17 GENERAL PROVISIONS 

18 SEC. 9001. Appropriations provided in this title are 

19 available for obligation until September 30, 2007, unless 

20 otherwise so provided in this title. 

21 SEC. 9002. Notwithstanding any other provision of 

22 law or of this Act, funds made available in this title are 

23 in addition to amounts provided elsewhere in this Act. 
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1 (TRANSFER OF FUNDS) 

2 SEC. 9003. Upon his determination that such action 

3 is necessary in the national interest, the Secretary of De4 fense may transfer between appropriations up to 

5 $2,500,000,000 of the funds made available to the De6 partment of Defense in this title: Provided, That the Sec7 retary shall notify the Congress promptly of each transfer 

8 made pursuant to the authority in this section: Provided 

9 further, That the authority provided in this section is in 

10 addition to any other transfer authority available to the 

11 Department of Defense and is subject to the same terms 

12 and conditions as the authority provided in section 8005 

13 of this Act. 

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

15 available by the transfer of funds in or pursuant to this 

16 title, for intelligence activities are deemed to be specifically 

17 authorized by the Congress for purposes of section 504 

18 of the National Security Act of 1947 (50 U.S.C. 414). 

19 SEC. 9005. None of the funds provided in this title 

20 may be used to finance programs or activities denied by 

21 Congress in fiscal years 2006 or 2007 appropriations to 

22 the Department of Defense or to initiate a procurement 

23 or research, development, test and evaluation new start 

24 program without prior written notification to the congres25 sional defense committees. 
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1 SEC. 9006. Notwithstanding any other provision of 

2 law, of the funds made available in this title to the Depart3 ment of Defense for operation and maintenance, not to 

4 exceed $1,000,000,000 may be used by the Secretary of 

5 Defense, with the concurrence of the Secretary of State, 

6 to train, equip and provide related assistance only to mili7 tary or security forces of Iraq and Afghanistan to enhance 

8 their capability to combat terrorism and to support United 

9 States military operations in Iraq and Afghanistan: Pro10 vided, That such assistance may include the provision of 

11 equipment, supplies, services, training, infrastructure and 

12 funding: Provided further, That the authority to provide 

13 assistance under this section is in addition to any other 

14 authority to provide assistance to foreign nations: Pro15 vided further, That the Secretary of Defense shall notify 

16 the congressional defense committees, the Committee on 

17 International Relations of the House of Representatives, 

18 and the Committee on Foreign Relations of the Senate 

19 not less than 15 days before providing assistance under 

20 the authority of this section. 

21 SEC. 9007. (a) From funds made available in this 

22 title to the Department of Defense, not to exceed 

23 $500,000,000 may be used, notwithstanding any other 

24 provision of law, to fund the Commander’s Emergency Re25 sponse Program, for the purpose of enabling military com-
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1 manders in Iraq to respond to urgent humanitarian relief 

2 and reconstruction requirements within their areas of re3 sponsibility by carrying out programs that will imme4 diately assist the Iraqi people, and to fund a similar pro5 gram to assist the people of Afghanistan. 

6 (b) QUARTERLY REPORTS.—Not later than 15 days 

7 after the end of each fiscal year quarter (beginning with 

8 the first quarter of fiscal year 2007), the Secretary of De9 fense shall submit to the congressional defense committees 

10 a report regarding the source of funds and the allocation 

11 and use of funds during that quarter that were made 

12 available pursuant to the authority provided in this section 

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

14 the programs under subsection (a). 

15 SEC. 9008. During the current fiscal year, funds 

16 available to the Department of Defense for operation and 

17 maintenance may be used, notwithstanding any other pro18 vision of law, to provide supplies, services, transportation, 

19 including airlift and sealift, and other logistical support 

20 to coalition forces supporting military and stability oper21 ations in Iraq and Afghanistan: Provided, That the Sec22 retary of Defense shall provide quarterly reports to the 

23 congressional defense committees regarding support pro24 vided under this section. 
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1 SEC. 9009. Supervision and administration costs as2 sociated with a construction project funded with appro3 priations available for operation and maintenance, and ex4 ecuted in direct support of the Global War on Terrorism 

5 only in Iraq and Afghanistan, may be obligated at the time 

6 a construction contract is awarded: Provided, That for the 

7 purpose of this section, supervision and administration 

8 costs include all in-house Government costs. 

9 SEC. 9010. The reporting requirements of section 

10 9010 of Public Law 109–148 shall apply to the funds ap11 propriated in this title. 

12 SEC. 9011. Amounts provided in chapter 1 of title 

13 V of the Emergency Supplemental Appropriations Act for 

14 Defense, the Global War on Terror, and Hurricane Recov15 ery, 2006 are hereby designated as emergency require16 ments pursuant to section 402 of H. Con. Res. 95 (109th 

17 Congress), the concurrent resolution on the budget for fis18 cal year 2006. 

19 SEC. 9012. None of the funds made available in this 

20 Act may be used by the Government of the United States 

21 to enter into a basing rights agreement between the 

22 United States and Iraq. 

23 TITLE X—ADDITIONAL GENERAL PROVISIONS 

24 SEC. 10001. None of the funds made available in this 

25 Act may be obligated or expended to provide award fees 
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1 to any defense contractor for performance that does not 

2 meet the requirements of the contract concerned. 

3 SEC. 10002. None of the funds made available in this 

4 Act may be used in contravention of the following laws 

5 enacted or regulations promulgated to implement the 

6 United Nations Convention Against Torture and Other 

7 Cruel, Inhuman or Degrading Treatment or Punishment 

8 (done at New York on December 10, 1984): 

9 (1) Section 2340A of title 18, United States 

10 Code. 

11 (2) Section 2242 of the Foreign Affairs Reform 

12 and Restructuring Act of 1998 (division G of Public 

13 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 

14 note) and any regulations prescribed thereto, includ15 ing regulations under part 208 of title 8, Code of 

16 Federal Regulations, and part 95 of title 22, Code 

17 of Federal Regulations. 

18 (3) Sections 1002 and 1003 of the Department 

19 of Defense, Emergency Supplemental Appropriations 

20 to Address Hurricanes in the Gulf of Mexico, and 

21 Pandemic Influenza Act, 2006 (Public Law 109– 

22 148). 

23 SEC. 10003. None of the funds appropriated by this 

24 Act may be used to waive or modify regulations promul-
116 

HR 5631 RS 

1 gated under chapter 43, 71, 75, or 77 of title 5, United 

2 States Code. 

3 SEC. 10004. None of the funds made available in this 

4 Act may be used to enter into or carry out a contract for 

5 the performance by a contractor of any base operation 

6 support service at Walter Reed Army Medical Hospital 

7 pursuant to the public-private competition conducted 

8 under Office of Management and Budget Circular A–76 

9 that was initiated on June 13, 2000, and that has the 

10 solicitation number DADA 10–03–R-0001. 

11 This Act may be cited as the ‘‘Department of Defense 

12 Appropriations Act, 2007’’. 

13 That the following sums are appropriated, out of any 

14 money in the Treasury not otherwise appropriated, for the 

15 fiscal year ending September 30, 2007, for military func16 tions administered by the Department of Defense and for 

17 other purposes, namely: 

18 TITLE I 

19 MILITARY PERSONNEL 

20 MILITARY PERSONNEL, ARMY

21 For pay, allowances, individual clothing, subsistence, 

22 interest on deposits, gratuities, permanent change of station 

23 travel (including all expenses thereof for organizational 

24 movements), and expenses of temporary duty travel between 

25 permanent duty stations, for members of the Army on active 
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1 duty, (except members of reserve components provided for 

2 elsewhere), cadets, and aviation cadets; for members of the 

3 Reserve Officers’ Training Corps; and for payments pursu4 ant to section 156 of Public Law 97–377, as amended (42 

5 U.S.C. 402 note), and to the Department of Defense Mili6 tary Retirement Fund, $29,080,473,000. 

7 MILITARY PERSONNEL, NAVY

8 For pay, allowances, individual clothing, subsistence, 

9 interest on deposits, gratuities, permanent change of station 

10 travel (including all expenses thereof for organizational 

11 movements), and expenses of temporary duty travel between 

12 permanent duty stations, for members of the Navy on active 

13 duty (except members of the Reserve provided for elsewhere), 

14 midshipmen, and aviation cadets; for members of the Re15 serve Officers’ Training Corps; and for payments pursuant 

16 to section 156 of Public Law 97–377, as amended (42 

17 U.S.C. 402 note), and to the Department of Defense Mili18 tary Retirement Fund, $23,186,011,000. 

19 MILITARY PERSONNEL, MARINE CORPS

20 For pay, allowances, individual clothing, subsistence, 

21 interest on deposits, gratuities, permanent change of station 

22 travel (including all expenses thereof for organizational 

23 movements), and expenses of temporary duty travel between 

24 permanent duty stations, for members of the Marine Corps 

25 on active duty (except members of the Reserve provided for 
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1 elsewhere); and for payments pursuant to section 156 of 

2 Public Law 97–377, as amended (42 U.S.C. 402 note), and 

3 to the Department of Defense Military Retirement Fund, 

4 $9,246,696,000. 

5 MILITARY PERSONNEL, AIR FORCE

6 For pay, allowances, individual clothing, subsistence, 

7 interest on deposits, gratuities, permanent change of station 

8 travel (including all expenses thereof for organizational 

9 movements), and expenses of temporary duty travel between 

10 permanent duty stations, for members of the Air Force on 

11 active duty (except members of reserve components provided 

12 for elsewhere), cadets, and aviation cadets; for members of 

13 the Reserve Officers’ Training Corps; and for payments 

14 pursuant to section 156 of Public Law 97–377, as amended 

15 (42 U.S.C. 402 note), and to the Department of Defense 

16 Military Retirement Fund, $22,940,686,000. 

17 RESERVE PERSONNEL, ARMY

18 For pay, allowances, clothing, subsistence, gratuities, 

19 travel, and related expenses for personnel of the Army Re20 serve on active duty under sections 10211, 10302, and 3038 

21 of title 10, United States Code, or while serving on active 

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

23 in connection with performing duty specified in section 

24 12310(a) of title 10, United States Code, or while under25 going reserve training, or while performing drills or equiva-
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1 lent duty or other duty, and expenses authorized by section 

2 16131 of title 10, United States Code; and for payments 

3 to the Department of Defense Military Retirement Fund, 

4 $3,304,247,000. 

5 RESERVE PERSONNEL, NAVY

6 For pay, allowances, clothing, subsistence, gratuities, 

7 travel, and related expenses for personnel of the Navy Re8 serve on active duty under section 10211 of title 10, United 

9 States Code, or while serving on active duty under section 

10 12301(d) of title 10, United States Code, in connection with 

11 performing duty specified in section 12310(a) of title 10, 

12 United States Code, or while undergoing reserve training, 

13 or while performing drills or equivalent duty, and expenses 

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

15 and for payments to the Department of Defense Military 

16 Retirement Fund, $1,760,676,000. 

17 RESERVE PERSONNEL, MARINE CORPS

18 For pay, allowances, clothing, subsistence, gratuities, 

19 travel, and related expenses for personnel of the Marine 

20 Corps Reserve on active duty under section 10211 of title 

21 10, United States Code, or while serving on active duty 

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

23 connection with performing duty specified in section 

24 12310(a) of title 10, United States Code, or while under25 going reserve training, or while performing drills or equiva-
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1 lent duty, and for members of the Marine Corps platoon 

2 leaders class, and expenses authorized by section 16131 of 

3 title 10, United States Code; and for payments to the De4 partment of Defense Military Retirement Fund, 

5 $535,438,000. 

6 RESERVE PERSONNEL, AIR FORCE

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

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

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

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

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

12 Code, in connection with performing duty specified in sec13 tion 12310(a) of title 10, United States Code, or while un14 dergoing reserve training, or while performing drills or 

15 equivalent duty or other duty, and expenses authorized by 

16 section 16131 of title 10, United States Code; and for pay17 ments to the Department of Defense Military Retirement 

18 Fund, $1,329,278,000. 

19 NATIONAL GUARD PERSONNEL, ARMY

20 For pay, allowances, clothing, subsistence, gratuities, 

21 travel, and related expenses for personnel of the Army Na22 tional Guard while on duty under section 10211, 10302, 

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

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

25 title 10 or section 502(f) of title 32, United States Code, 
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1 in connection with performing duty specified in section 

2 12310(a) of title 10, United States Code, or while under3 going training, or while performing drills or equivalent 

4 duty or other duty, and expenses authorized by section 

5 16131 of title 10, United States Code; and for payments 

6 to the Department of Defense Military Retirement Fund, 

7 $5,258,080,000. 

8 NATIONAL GUARD PERSONNEL, AIR FORCE

9 For pay, allowances, clothing, subsistence, gratuities, 

10 travel, and related expenses for personnel of the Air Na11 tional Guard on duty under section 10211, 10305, or 12402 

12 of title 10 or section 708 of title 32, United States Code, 

13 or while serving on duty under section 12301(d) of title 10 

14 or section 502(f) of title 32, United States Code, in connec15 tion with performing duty specified in section 12310(a) of 

16 title 10, United States Code, or while undergoing training, 

17 or while performing drills or equivalent duty or other duty, 

18 and expenses authorized by section 16131 of title 10, United 

19 States Code; and for payments to the Department of Defense 

20 Military Retirement Fund, $2,369,255,000. 

21 TITLE II 

22 OPERATION AND MAINTENANCE 

23 OPERATION AND MAINTENANCE, ARMY

24 For expenses, not otherwise provided for, necessary for 

25 the operation and maintenance of the Army, as authorized 
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1 by law; and not to exceed $11,478,000 can be used for emer2 gencies and extraordinary expenses, to be expended on the 

3 approval or authority of the Secretary of the Army, and 

4 payments may be made on his certificate of necessity for 

5 confidential military purposes, $23,980,180,000. 

6 OPERATION AND MAINTENANCE, NAVY

7 For expenses, not otherwise provided for, necessary for 

8 the operation and maintenance of the Navy and the Marine 

9 Corps, as authorized by law; and not to exceed $6,129,000 

10 can be used for emergencies and extraordinary expenses, to 

11 be expended on the approval or authority of the Secretary 

12 of the Navy, and payments may be made on his certificate 

13 of necessity for confidential military purposes, 

14 $30,779,084,000. 

15 OPERATION AND MAINTENANCE, MARINE CORPS

16 For expenses, not otherwise provided for, necessary for 

17 the operation and maintenance of the Marine Corps, as au18 thorized by law, $3,739,862,000. 

19 OPERATION AND MAINTENANCE, AIR FORCE

20 For expenses, not otherwise provided for, necessary for 

21 the operation and maintenance of the Air Force, as author22 ized by law; and not to exceed $7,699,000 can be used for 

23 emergencies and extraordinary expenses, to be expended on 

24 the approval or authority of the Secretary of the Air Force, 
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1 and payments may be made on his certificate of necessity 

2 for confidential military purposes, $30,053,427,000. 

3 OPERATION AND MAINTENANCE, DEFENSE-WIDE

4 (INCLUDING TRANSFER OF FUNDS)

5 For expenses, not otherwise provided for, necessary for 

6 the operation and maintenance of activities and agencies 

7 of the Department of Defense (other than the military de8 partments), as authorized by law, $19,919,175,000: Pro9 vided, That not more than $25,000,000 may be used for 

10 the Combatant Commander Initiative Fund authorized 

11 under section 166a of title 10, United States Code: Provided 

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

13 emergencies and extraordinary expenses, to be expended on 

14 the approval or authority of the Secretary of Defense, and 

15 payments may be made on his certificate of necessity for 

16 confidential military purposes: Provided further, That of 

17 the funds provided under this heading, not less than 

18 $27,037,000 shall be made available for the Procurement 

19 Technical Assistance Cooperative Agreement Program, of 

20 which not less than $3,600,000 shall be available for centers 

21 defined in 10 U.S.C. 2411(1)(D): Provided further, That 

22 none of the funds appropriated or otherwise made available 

23 by this Act may be used to plan or implement the consolida24 tion of a budget or appropriations liaison office of the Office 

25 of the Secretary of Defense, the office of the Secretary of 
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1 a military department, or the service headquarters of one 

2 of the Armed Forces into a legislative affairs or legislative 

3 liaison office: Provided further, That $4,000,000, to remain 

4 available until expended, is available only for expenses re5 lating to certain classified activities, and may be trans6 ferred as necessary by the Secretary to operation and main7 tenance appropriations or research, development, test and 

8 evaluation appropriations, to be merged with and to be 

9 available for the same time period as the appropriations 

10 to which transferred: Provided further, That any ceiling on 

11 the investment item unit cost of items that may be pur12 chased with operation and maintenance funds shall not 

13 apply to the funds described in the preceding proviso: Pro14 vided further, That the transfer authority provided under 

15 this heading is in addition to any other transfer authority 

16 provided elsewhere in this Act. 

17 OPERATION AND MAINTENANCE, ARMY RESERVE

18 For expenses, not otherwise provided for, necessary for 

19 the operation and maintenance, including training, organi20 zation, and administration, of the Army Reserve; repair of 

21 facilities and equipment; hire of passenger motor vehicles; 

22 travel and transportation; care of the dead; recruiting; pro23 curement of services, supplies, and equipment; and commu24 nications, $2,158,278,000. 
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1 OPERATION AND MAINTENANCE, NAVY RESERVE

2 For expenses, not otherwise provided for, necessary for 

3 the operation and maintenance, including training, organi4 zation, and administration, of the Navy Reserve; repair of 

5 facilities and equipment; hire of passenger motor vehicles; 

6 travel and transportation; care of the dead; recruiting; pro7 curement of services, supplies, and equipment; and commu8 nications, $1,275,764,000. 

9 OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

10 For expenses, not otherwise provided for, necessary for 

11 the operation and maintenance, including training, organi12 zation, and administration, of the Marine Corps Reserve; 

13 repair of facilities and equipment; hire of passenger motor 

14 vehicles; travel and transportation; care of the dead; recruit15 ing; procurement of services, supplies, and equipment; and 

16 communications, $208,811,000. 

17 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

18 For expenses, not otherwise provided for, necessary for 

19 the operation and maintenance, including training, organi20 zation, and administration, of the Air Force Reserve; repair 

21 of facilities and equipment; hire of passenger motor vehicles; 

22 travel and transportation; care of the dead; recruiting; pro23 curement of services, supplies, and equipment; and commu24 nications, $2,624,300,000. 
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1 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

2 For expenses of training, organizing, and admin3 istering the Army National Guard, including medical and 

4 hospital treatment and related expenses in non-Federal hos5 pitals; maintenance, operation, and repairs to structures 

6 and facilities; hire of passenger motor vehicles; personnel 

7 services in the National Guard Bureau; travel expenses 

8 (other than mileage), as authorized by law for Army per9 sonnel on active duty, for Army National Guard division, 

10 regimental, and battalion commanders while inspecting 

11 units in compliance with National Guard Bureau regula12 tions when specifically authorized by the Chief, National 

13 Guard Bureau; supplying and equipping the Army Na14 tional Guard as authorized by law; and expenses of repair, 

15 modification, maintenance, and issue of supplies and 

16 equipment (including aircraft), $4,655,565,000. 

17 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

18 For expenses of training, organizing, and admin19 istering the Air National Guard, including medical and 

20 hospital treatment and related expenses in non-Federal hos21 pitals; maintenance, operation, and repairs to structures 

22 and facilities; transportation of things, hire of passenger 

23 motor vehicles; supplying and equipping the Air National 

24 Guard, as authorized by law; expenses for repair, modifica25 tion, maintenance, and issue of supplies and equipment, 
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1 including those furnished from stocks under the control of 

2 agencies of the Department of Defense; travel expenses (other 

3 than mileage) on the same basis as authorized by law for 

4 Air National Guard personnel on active Federal duty, for 

5 Air National Guard commanders while inspecting units in 

6 compliance with National Guard Bureau regulations when 

7 specifically authorized by the Chief, National Guard Bu8 reau, $5,008,392,000. 

9 UNITED STATES COURT OF APPEALS FOR THE ARMED

10 FORCES

11 For salaries and expenses necessary for the United 

12 States Court of Appeals for the Armed Forces, $11,721,000, 

13 of which not to exceed $5,000 may be used for official rep14 resentation purposes. 

15 ENVIRONMENTAL RESTORATION, ARMY

16 (INCLUDING TRANSFER OF FUNDS)

17 For the Department of the Army, $413,794,000, to re18 main available until transferred: Provided, That the Sec19 retary of the Army shall, upon determining that such funds 

20 are required for environmental restoration, reduction and 

21 recycling of hazardous waste, removal of unsafe buildings 

22 and debris of the Department of the Army, or for similar 

23 purposes, transfer the funds made available by this appro24 priation to other appropriations made available to the De25 partment of the Army, to be merged with and to be available 
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1 for the same purposes and for the same time period as the 

2 appropriations to which transferred: Provided further, That 

3 upon a determination that all or part of the funds trans4 ferred from this appropriation are not necessary for the 

5 purposes provided herein, such amounts may be transferred 

6 back to this appropriation. 

7 ENVIRONMENTAL RESTORATION, NAVY

8 (INCLUDING TRANSFER OF FUNDS)

9 For the Department of the Navy, $304,409,000, to re10 main available until transferred: Provided, That the Sec11 retary of the Navy shall, upon determining that such funds 

12 are required for environmental restoration, reduction and 

13 recycling of hazardous waste, removal of unsafe buildings 

14 and debris of the Department of the Navy, or for similar 

15 purposes, transfer the funds made available by this appro16 priation to other appropriations made available to the De17 partment of the Navy, to be merged with and to be available 

18 for the same purposes and for the same time period as the 

19 appropriations to which transferred: Provided further, That 

20 upon a determination that all or part of the funds trans21 ferred from this appropriation are not necessary for the 

22 purposes provided herein, such amounts may be transferred 

23 back to this appropriation. 
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1 ENVIRONMENTAL RESTORATION, AIR FORCE

2 (INCLUDING TRANSFER OF FUNDS)

3 For the Department of the Air Force, $423,871,000, 

4 to remain available until transferred: Provided, That the 

5 Secretary of the Air Force shall, upon determining that 

6 such funds are required for environmental restoration, re7 duction and recycling of hazardous waste, removal of unsafe 

8 buildings and debris of the Department of the Air Force, 

9 or for similar purposes, transfer the funds made available 

10 by this appropriation to other appropriations made avail11 able to the Department of the Air Force, to be merged with 

12 and to be available for the same purposes and for the same 

13 time period as the appropriations to which transferred: 

14 Provided further, That upon a determination that all or 

15 part of the funds transferred from this appropriation are 

16 not necessary for the purposes provided herein, such 

17 amounts may be transferred back to this appropriation. 

18 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

19 (INCLUDING TRANSFER OF FUNDS)

20 For the Department of Defense, $18,431,000, to remain 

21 available until transferred: Provided, That the Secretary of 

22 Defense shall, upon determining that such funds are re23 quired for environmental restoration, reduction and recy24 cling of hazardous waste, removal of unsafe buildings and 

25 debris of the Department of Defense, or for similar purposes, 
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1 transfer the funds made available by this appropriation to 

2 other appropriations made available to the Department of 

3 Defense, to be merged with and to be available for the same 

4 purposes and for the same time period as the appropria5 tions to which transferred: Provided further, That upon a 

6 determination that all or part of the funds transferred from 

7 this appropriation are not necessary for the purposes pro8 vided herein, such amounts may be transferred back to this 

9 appropriation. 

10 ENVIRONMENTAL RESTORATION, FORMERLY USED

11 DEFENSE SITES

12 (INCLUDING TRANSFER OF FUNDS)

13 For the Department of the Army, $282,790,000, to re14 main available until transferred: Provided, That the Sec15 retary of the Army shall, upon determining that such funds 

16 are required for environmental restoration, reduction and 

17 recycling of hazardous waste, removal of unsafe buildings 

18 and debris at sites formerly used by the Department of De19 fense, transfer the funds made available by this appropria20 tion to other appropriations made available to the Depart21 ment of the Army, to be merged with and to be available 

22 for the same purposes and for the same time period as the 

23 appropriations to which transferred: Provided further, That 

24 upon a determination that all or part of the funds trans25 ferred from this appropriation are not necessary for the 
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1 purposes provided herein, such amounts may be transferred 

2 back to this appropriation. 

3 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

4 For expenses relating to the Overseas Humanitarian, 

5 Disaster, and Civic Aid programs of the Department of De6 fense (consisting of the programs provided under sections 

7 401, 402, 404, 2557, and 2561 of title 10, United States 

8 Code), $63,204,000, to remain available until September 

9 30, 2008. 

10 FORMER SOVIET UNION THREAT REDUCTION ACCOUNT

11 For assistance to the republics of the former Soviet 

12 Union, including assistance provided by contract or by 

13 grants, for facilitating the elimination and the safe and se14 cure transportation and storage of nuclear, chemical and 

15 other weapons; for establishing programs to prevent the pro16 liferation of weapons, weapons components, and weapon17 related technology and expertise; for programs relating to 

18 the training and support of defense and military personnel 

19 for demilitarization and protection of weapons, weapons 

20 components and weapons technology and expertise, and for 

21 defense and military contacts, $372,128,000, to remain 

22 available until September 30, 2009: Provided, That of the 

23 amounts provided under this heading, $15,000,000 shall be 

24 available only to support the dismantling and disposal of 

25 nuclear submarines, submarine reactor components, and se-
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1 curity enhancements for transport and storage of nuclear 

2 warheads in the Russian Far East. 

3 TITLE III 

4 PROCUREMENT 

5 AIRCRAFT PROCUREMENT, ARMY

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

8 ordnance, ground handling equipment, spare parts, and ac9 cessories therefor; specialized equipment and training de10 vices; expansion of public and private plants, including the 

11 land necessary therefor, for the foregoing purposes, and such 

12 lands and interests therein, may be acquired, and construc13 tion prosecuted thereon prior to approval of title; and pro14 curement and installation of equipment, appliances, and 

15 machine tools in public and private plants; reserve plant 

16 and Government and contractor-owned equipment layaway; 

17 and other expenses necessary for the foregoing purposes, 

18 $3,354,729,000, to remain available for obligation until 

19 September 30, 2009. 

20 MISSILE PROCUREMENT, ARMY

21 For construction, procurement, production, modifica22 tion, and modernization of missiles, equipment, including 

23 ordnance, ground handling equipment, spare parts, and ac24 cessories therefor; specialized equipment and training de25 vices; expansion of public and private plants, including the 
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1 land necessary therefor, for the foregoing purposes, and such 

2 lands and interests therein, may be acquired, and construc3 tion prosecuted thereon prior to approval of title; and pro4 curement and installation of equipment, appliances, and 

5 machine tools in public and private plants; reserve plant 

6 and Government and contractor-owned equipment layaway; 

7 and other expenses necessary for the foregoing purposes, 

8 $1,266,967,000, to remain available for obligation until 

9 September 30, 2009. 

10 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

11 VEHICLES, ARMY

12 For construction, procurement, production, and modi13 fication of weapons and tracked combat vehicles, equipment, 

14 including ordnance, spare parts, and accessories therefor; 

15 specialized equipment and training devices; expansion of 

16 public and private plants, including the land necessary 

17 therefor, for the foregoing purposes, and such lands and in18 terests therein, may be acquired, and construction pros19 ecuted thereon prior to approval of title; and procurement 

20 and installation of equipment, appliances, and machine 

21 tools in public and private plants; reserve plant and Gov22 ernment and contractor-owned equipment layaway; and 

23 other expenses necessary for the foregoing purposes, 

24 $2,092,297,000, to remain available for obligation until 

25 September 30, 2009. 
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1 PROCUREMENT OF AMMUNITION, ARMY

2 For construction, procurement, production, and modi3 fication of ammunition, and accessories therefor; specialized 

4 equipment and training devices; expansion of public and 

5 private plants, including ammunition facilities, authorized 

6 by section 2854 of title 10, United States Code, and the 

7 land necessary therefor, for the foregoing purposes, and such 

8 lands and interests therein, may be acquired, and construc9 tion prosecuted thereon prior to approval of title; and pro10 curement and installation of equipment, appliances, and 

11 machine tools in public and private plants; reserve plant 

12 and Government and contractor-owned equipment layaway; 

13 and other expenses necessary for the foregoing purposes, 

14 $1,948,489,000, to remain available for obligation until 

15 September 30, 2009. 

16 OTHER PROCUREMENT, ARMY

17 For construction, procurement, production, and modi18 fication of vehicles, including tactical, support, and non19 tracked combat vehicles; the purchase of passenger motor ve20 hicles for replacement only; and the purchase of 3 vehicles 

21 required for physical security of personnel, notwithstanding 

22 price limitations applicable to passenger vehicles but not 

23 to exceed $255,000 per vehicle; communications and elec24 tronic equipment; other support equipment; spare parts, 

25 ordnance, and accessories therefor; specialized equipment 
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1 and training devices; expansion of public and private 

2 plants, including the land necessary therefor, for the fore3 going purposes, and such lands and interests therein, may 

4 be acquired, and construction prosecuted thereon prior to 

5 approval of title; and procurement and installation of 

6 equipment, appliances, and machine tools in public and 

7 private plants; reserve plant and Government and con8 tractor-owned equipment layaway; and other expenses nec9 essary for the foregoing purposes, $7,724,878,000, to remain 

10 available for obligation until September 30, 2009. 

11 AIRCRAFT PROCUREMENT, NAVY

12 For construction, procurement, production, modifica13 tion, and modernization of aircraft, equipment, including 

14 ordnance, spare parts, and accessories therefor; specialized 

15 equipment; expansion of public and private plants, includ16 ing the land necessary therefor, and such lands and inter17 ests therein, may be acquired, and construction prosecuted 

18 thereon prior to approval of title; and procurement and in19 stallation of equipment, appliances, and machine tools in 

20 public and private plants; reserve plant and Government 

21 and contractor-owned equipment layaway, 

22 $10,135,249,000, to remain available for obligation until 

23 September 30, 2009. 
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1 WEAPONS PROCUREMENT, NAVY

2 For construction, procurement, production, modifica3 tion, and modernization of missiles, torpedoes, other weap4 ons, and related support equipment including spare parts, 

5 and accessories therefor; expansion of public and private 

6 plants, including the land necessary therefor, and such 

7 lands and interests therein, may be acquired, and construc8 tion prosecuted thereon prior to approval of title; and pro9 curement and installation of equipment, appliances, and 

10 machine tools in public and private plants; reserve plant 

11 and Government and contractor-owned equipment layaway, 

12 $2,558,020,000, to remain available for obligation until 

13 September 30, 2009. 

14 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

15 CORPS

16 For construction, procurement, production, and modi17 fication of ammunition, and accessories therefor; specialized 

18 equipment and training devices; expansion of public and 

19 private plants, including ammunition facilities, authorized 

20 by section 2854 of title 10, United States Code, and the 

21 land necessary therefor, for the foregoing purposes, and such 

22 lands and interests therein, may be acquired, and construc23 tion prosecuted thereon prior to approval of title; and pro24 curement and installation of equipment, appliances, and 

25 machine tools in public and private plants; reserve plant 
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1 and Government and contractor-owned equipment layaway; 

2 and other expenses necessary for the foregoing purposes, 

3 $799,943,000, to remain available for obligation until Sep4 tember 30, 2009. 

5 SHIPBUILDING AND CONVERSION, NAVY

6 For expenses necessary for the construction, acquisi7 tion, or conversion of vessels as authorized by law, includ8 ing armor and armament thereof, plant equipment, appli9 ances, and machine tools and installation thereof in public 

10 and private plants; reserve plant and Government and con11 tractor-owned equipment layaway; procurement of critical, 

12 long leadtime components and designs for vessels to be con13 structed or converted in the future; and expansion of public 

14 and private plants, including land necessary therefor, and 

15 such lands and interests therein, may be acquired, and con16 struction prosecuted thereon prior to approval of title, as 

17 follows: 

18 Carrier Replacement Program (AP), 

19 $784,143,000; 

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

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

22 CVN Refuelings, $954,495,000; 

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

24 SSBN Submarine Refuelings, $189,022,000; 

25 SSBN Submarine Refuelings (AP), $37,154,000; 
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1 DD(X), $2,568,111,000; 

2 DDG–51 Destroyer, $355,849,000; 

3 LCS, $300,670,000; 

4 LPD–17 (AP), $297,492,000; 

5 LHA–R, $1,135,917,000; 

6 T-AGS Oceanographic Survey Ship, 

7 $117,000,000; 

8 LCAC Landing Craft Air Cushion, 

9 $110,692,000; 

10 Prior year shipbuilding costs, $557,849,000; 

11 Service Craft, $45,245,000; and 

12 For outfitting, post delivery, conversions, and 

13 first destination transportation, $370,643,000. 

14 In all: $10,393,475,000, to remain available for obliga15 tion until September 30, 2011: Provided, That additional 

16 obligations may be incurred after September 30, 2011, for 

17 engineering services, tests, evaluations, and other such budg18 eted work that must be performed in the final stage of ship 

19 construction: Provided further, That none of the funds pro20 vided under this heading for the construction or conversion 

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

22 United States shall be expended in foreign facilities for the 

23 construction of major components of such vessel: Provided 

24 further, That none of the funds provided under this heading 
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1 shall be used for the construction of any naval vessel in 

2 foreign shipyards. 

3 OTHER PROCUREMENT, NAVY

4 For procurement, production, and modernization of 

5 support equipment and materials not otherwise provided 

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

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

8 of passenger motor vehicles for replacement only, and the 

9 purchase of 10 vehicles required for physical security of per10 sonnel, notwithstanding price limitations applicable to pas11 senger vehicles but not to exceed $255,000 per vehicle; ex12 pansion of public and private plants, including the land 

13 necessary therefor, and such lands and interests therein, 

14 may be acquired, and construction prosecuted thereon prior 

15 to approval of title; and procurement and installation of 

16 equipment, appliances, and machine tools in public and 

17 private plants; reserve plant and Government and con18 tractor-owned equipment layaway, $4,731,831,000, to re19 main available for obligation until September 30, 2009. 

20 PROCUREMENT, MARINE CORPS

21 For expenses necessary for the procurement, manufac22 ture, and modification of missiles, armament, military 

23 equipment, spare parts, and accessories therefor; plant 

24 equipment, appliances, and machine tools, and installation 

25 thereof in public and private plants; reserve plant and Gov-
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1 ernment and contractor-owned equipment layaway; vehicles 

2 for the Marine Corps, including the purchase of passenger 

3 motor vehicles for replacement only; and expansion of pub4 lic and private plants, including land necessary therefor, 

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

6 construction prosecuted thereon prior to approval of title, 

7 $1,151,318,000, to remain available for obligation until 

8 September 30, 2009. 

9 AIRCRAFT PROCUREMENT, AIR FORCE

10 For construction, procurement, and modification of 

11 aircraft and equipment, including armor and armament, 

12 specialized ground handling equipment, and training de13 vices, spare parts, and accessories therefor; specialized 

14 equipment; expansion of public and private plants, Govern15 ment-owned equipment and installation thereof in such 

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

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

18 may be acquired, and construction prosecuted thereon prior 

19 to approval of title; reserve plant and Government and con20 tractor-owned equipment layaway; and other expenses nec21 essary for the foregoing purposes including rents and trans22 portation of things, $11,096,406,000, to remain available 

23 for obligation until September 30, 2009. 
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1 MISSILE PROCUREMENT, AIR FORCE

2 For construction, procurement, and modification of 

3 missiles, spacecraft, rockets, and related equipment, includ4 ing spare parts and accessories therefor, ground handling 

5 equipment, and training devices; expansion of public and 

6 private plants, Government-owned equipment and installa7 tion thereof in such plants, erection of structures, and ac8 quisition of land, for the foregoing purposes, and such lands 

9 and interests therein, may be acquired, and construction 

10 prosecuted thereon prior to approval of title; reserve plant 

11 and Government and contractor-owned equipment layaway; 

12 and other expenses necessary for the foregoing purposes in13 cluding rents and transportation of things, $3,975,407,000, 

14 to remain available for obligation until September 30, 

15 2009. 

16 PROCUREMENT OF AMMUNITION, AIR FORCE

17 For construction, procurement, production, and modi18 fication of ammunition, and accessories therefor; specialized 

19 equipment and training devices; expansion of public and 

20 private plants, including ammunition facilities, authorized 

21 by section 2854 of title 10, United States Code, and the 

22 land necessary therefor, for the foregoing purposes, and such 

23 lands and interests therein, may be acquired, and construc24 tion prosecuted thereon prior to approval of title; and pro25 curement and installation of equipment, appliances, and 
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1 machine tools in public and private plants; reserve plant 

2 and Government and contractor-owned equipment layaway; 

3 and other expenses necessary for the foregoing purposes, 

4 $1,046,802,000, to remain available for obligation until 

5 September 30, 2009. 

6 OTHER PROCUREMENT, AIR FORCE

7 For procurement and modification of equipment (in8 cluding ground guidance and electronic control equipment, 

9 and ground electronic and communication equipment), and 

10 supplies, materials, and spare parts therefor, not otherwise 

11 provided for; the purchase of passenger motor vehicles for 

12 replacement only, and the purchase of 2 vehicles required 

13 for physical security of personnel, notwithstanding price 

14 limitations applicable to passenger vehicles but not to ex15 ceed $255,000 per vehicle; lease of passenger motor vehicles; 

16 and expansion of public and private plants, Government17 owned equipment and installation thereof in such plants, 

18 erection of structures, and acquisition of land, for the fore19 going purposes, and such lands and interests therein, may 

20 be acquired, and construction prosecuted thereon, prior to 

21 approval of title; reserve plant and Government and con22 tractor-owned equipment layaway, $15,510,286,000, to re23 main available for obligation until September 30, 2009. 
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1 PROCUREMENT, DEFENSE-WIDE

2 For expenses of activities and agencies of the Depart3 ment of Defense (other than the military departments) nec4 essary for procurement, production, and modification of 

5 equipment, supplies, materials, and spare parts therefor, 

6 not otherwise provided for; the purchase of passenger motor 

7 vehicles for replacement only, and the purchase of 5 vehicles 

8 required for physical security of personnel, notwithstanding 

9 prior limitations applicable to passenger vehicles but not 

10 to exceed $255,000 per vehicle; expansion of public and pri11 vate plants, equipment, and installation thereof in such 

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

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

14 may be acquired, and construction prosecuted thereon prior 

15 to approval of title; reserve plant and Government and con16 tractor-owned equipment layaway, $2,763,071,000, to re17 main available for obligation until 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 $340,000,000, 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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HR 5631 RS 

1 to the congressional defense committees the modernization 

2 priority assessment for their respective Reserve or National 

3 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 Production 

7 Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), 

8 $68,884,000, to remain available until expended. 

9 TITLE IV 

10 RESEARCH, DEVELOPMENT, TEST AND 

11 EVALUATION 

12 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

13 For expenses necessary for basic and applied scientific 

14 research, development, test and evaluation, including main15 tenance, rehabilitation, lease, and operation of facilities 

16 and equipment, $11,245,040,000, to remain available for 

17 obligation until September 30, 2008. 

18 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

19 For expenses necessary for basic and applied scientific 

20 research, development, test and evaluation, including main21 tenance, rehabilitation, lease, and operation of facilities 

22 and equipment, $17,048,238,000, to remain available for 

23 obligation until September 30, 2008: Provided, That funds 

24 appropriated in this paragraph which are available for the 

25 V–22 may be used to meet unique operational requirements 
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1 of the Special Operations Forces: Provided further, That 

2 funds appropriated in this paragraph shall be available for 

3 the Cobra Judy program. 

4 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR

5 FORCE

6 For expenses necessary for basic and applied scientific 

7 research, development, test and evaluation, including main8 tenance, rehabilitation, lease, and operation of facilities 

9 and equipment, $23,974,081,000, to remain available for 

10 obligation until September 30, 2008. 

11 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

12 DEFENSE-WIDE

13 For expenses of activities and agencies of the Depart14 ment of Defense (other than the military departments), nec15 essary for basic and applied scientific research, develop16 ment, test and evaluation; advanced research projects as 

17 may be designated and determined by the Secretary of De18 fense, pursuant to law; maintenance, rehabilitation, lease, 

19 and operation of facilities and equipment, $20,543,393,000, 

20 to remain available for obligation until September 30, 

21 2008. 

22 OPERATIONAL TEST AND EVALUATION, DEFENSE

23 For expenses, not otherwise provided for, necessary for 

24 the independent activities of the Director, Operational Test 

25 and Evaluation, in the direction and supervision of oper-
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1 ational test and evaluation, including initial operational 

2 test and evaluation which is conducted prior to, and in sup3 port of, production decisions; joint operational testing and 

4 evaluation; and administrative expenses in connection 

5 therewith, $187,520,000, to remain available for obligation 

6 until September 30, 2008. 

7 TITLE V 

8 REVOLVING AND MANAGEMENT FUNDS 

9 DEFENSE WORKING CAPITAL FUNDS

10 For the Defense Working Capital Funds, 

11 $1,345,998,000. 

12 NATIONAL DEFENSE SEALIFT FUND

13 For National Defense Sealift Fund programs, projects, 

14 and activities, and for expenses of the National Defense Re15 serve Fleet, as established by section 11 of the Merchant 

16 Ship Sales Act of 1946 (50 U.S.C. App. 1744), and for the 

17 necessary expenses to maintain and preserve a U.S.-flag 

18 merchant fleet to serve the national security needs of the 

19 United States, $616,932,000, to remain available until ex20 pended: Provided, That none of the funds provided in this 

21 paragraph shall be used to award a new contract that pro22 vides for the acquisition of any of the following major com23 ponents unless such components are manufactured in the 

24 United States: auxiliary equipment, including pumps, for 

25 all shipboard services; propulsion system components (that 
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1 is; engines, reduction gears, and propellers); shipboard 

2 cranes; and spreaders for shipboard cranes: Provided fur3 ther, That the exercise of an option in a contract awarded 

4 through the obligation of previously appropriated funds 

5 shall not be considered to be the award of a new contract: 

6 Provided further, That the Secretary of the military depart7 ment responsible for such procurement may waive the re8 strictions in the first proviso on a case-by-case basis by cer9 tifying in writing to the Committees on Appropriations of 

10 the House of Representatives and the Senate that adequate 

11 domestic supplies are not available to meet Department of 

12 Defense requirements on a timely basis and that such an 

13 acquisition must be made in order to acquire capability for 

14 national security purposes. 

15 PENTAGON RESERVATION MAINTENANCE REVOLVING FUND

16 For the Pentagon Reservation Maintenance Revolving 

17 Fund, $18,500,000, to remain available until September 30, 

18 2011. 

19 TITLE VI 

20 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

21 DEFENSE HEALTH PROGRAM

22 For expenses, not otherwise provided for, for medical 

23 and health care programs of the Department of Defense, as 

24 authorized by law, $21,409,863,000, of which 

25 $20,544,605,000 shall be for Operation and maintenance, 
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1 and of which up to $10,887,784,000 may be available for 

2 contracts entered into under the TRICARE program; of 

3 which $397,355,000, to remain available for obligation 

4 until September 30, 2009, shall be for Procurement; and 

5 of which $467,903,000, to remain available for obligation 

6 until September 30, 2008, shall be for Research, develop7 ment, test and evaluation. 

8 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, ARMY

9 For expenses, not otherwise provided for, necessary for 

10 the destruction of the United States stockpile of lethal chem11 ical agents and munitions, to include construction of facili12 ties, in accordance with the provisions of section 1412 of 

13 the Department of Defense Authorization Act, 1986 (50 

14 U.S.C. 1521), and for the destruction of other chemical war15 fare materials that are not in the chemical weapon stock16 pile, $1,277,304,000, of which $1,046,290,000 shall be for 

17 Operation and maintenance; $231,014,000 shall be for Re18 search, development, test and evaluation, of which 

19 $215,944,000 shall only be for the Assembled Chemical 

20 Weapons Alternatives (ACWA) program, to remain avail21 able until September 30, 2008; and no less than 

22 $111,283,000 may be for the Chemical Stockpile Emergency 

23 Preparedness Program, of which $41,074,000 shall be for 

24 activities on military installations and of which 
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1 $70,209,000, to remain available until September 30, 2008, 

2 shall be to assist State and local governments. 

3 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

4 DEFENSE

5 (INCLUDING TRANSFER OF FUNDS)

6 For drug interdiction and counter-drug activities of 

7 the Department of Defense, for transfer to appropriations 

8 available to the Department of Defense for military per9 sonnel of the reserve components serving under the provi10 sions of title 10 and title 32, United States Code; for Oper11 ation and maintenance; for Procurement; and for Research, 

12 development, test and evaluation, $978,212,000: Provided, 

13 That the funds appropriated under this heading shall be 

14 available for obligation for the same time period and for 

15 the same purpose as the appropriation to which transferred: 

16 Provided further, That upon a determination that all or 

17 part of the funds transferred from this appropriation are 

18 not necessary for the purposes provided herein, such 

19 amounts may be transferred back to this appropriation: 

20 Provided further, That the transfer authority provided 

21 under this heading is in addition to any other transfer au22 thority contained elsewhere in this Act. 

23 OFFICE OF THE INSPECTOR GENERAL

24 For expenses and activities of the Office of the Inspec25 tor General in carrying out the provisions of the Inspector 
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1 General Act of 1978, as amended, $216,297,000, of which 

2 $214,897,000 shall be for Operation and maintenance, of 

3 which not to exceed $700,000 is available for emergencies 

4 and extraordinary expenses to be expended on the approval 

5 or authority of the Inspector General, and payments may 

6 be made on the Inspector General’s certificate of necessity 

7 for confidential military purposes; and of which $1,400,000, 

8 to remain available until September 30, 2009, shall be for 

9 Procurement. 

10 TITLE VII 

11 RELATED AGENCIES 

12 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

13 DISABILITY SYSTEM FUND

14 For payment to the Central Intelligence Agency Retire15 ment and Disability System Fund, to maintain the proper 

16 funding level for continuing the operation of the Central 

17 Intelligence Agency Retirement and Disability System, 

18 $256,400,000. 

19 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

20 (INCLUDING TRANSFER OF FUNDS)

21 For necessary expenses of the Intelligence Community 

22 Management Account, $597,011,000, of which $36,268,000 

23 for the Advanced Research and Development Committee 

24 shall remain available until September 30, 2008. 
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1 TITLE VIII 

2 GENERAL PROVISIONS 

3 SEC. 8001. No part of any appropriation contained 

4 in this Act shall be used for publicity or propaganda pur5 poses not authorized by the Congress. 

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

7 of law prohibiting the payment of compensation to, or em8 ployment of, any person not a citizen of the United States 

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

10 Provided, That salary increases granted to direct and indi11 rect hire foreign national employees of the Department of 

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

13 of the percentage increase authorized by law for civilian 

14 employees of the Department of Defense whose pay is com15 puted under the provisions of section 5332 of title 5, United 

16 States Code, or at a rate in excess of the percentage increase 

17 provided by the appropriate host nation to its own employ18 ees, whichever is higher: Provided further, That this section 

19 shall not apply to Department of Defense foreign service 

20 national employees serving at United States diplomatic 

21 missions whose pay is set by the Department of State under 

22 the Foreign Service Act of 1980: Provided further, That the 

23 limitations of this provision shall not apply to foreign na24 tional employees of the Department of Defense in the Re25 public of Turkey. 
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1 SEC. 8003. No part of any appropriation contained 

2 in this Act shall remain available for obligation beyond the 

3 current fiscal year, unless expressly so provided herein. 

4 SEC. 8004. No more than 20 percent of the appropria5 tions in this Act which are limited for obligation during 

6 the current fiscal year shall be obligated during the last 2 

7 months of the fiscal year: Provided, That this section shall 

8 not apply to obligations for support of active duty training 

9 of reserve components or summer camp training of the Re10 serve Officers’ Training Corps. 

11 (TRANSFER OF FUNDS)

12 SEC. 8005. Upon determination by the Secretary of 

13 Defense that such action is necessary in the national inter14 est, he may, with the approval of the Office of Management 

15 and Budget, transfer not to exceed $4,500,000,000 of work16 ing capital funds of the Department of Defense or funds 

17 made available in this Act to the Department of Defense 

18 for military functions (except military construction) be19 tween such appropriations or funds or any subdivision 

20 thereof, to be merged with and to be available for the same 

21 purposes, and for the same time period, as the appropria22 tion or fund to which transferred: Provided, That such au23 thority to transfer may not be used unless for higher pri24 ority items, based on unforeseen military requirements, 

25 than those for which originally appropriated and in no case 

26 where the item for which funds are requested has been de-
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1 nied by the Congress: Provided further, That the Secretary 

2 of Defense shall notify the Congress promptly of all transfers 

3 made pursuant to this authority or any other authority in 

4 this Act: Provided further, That no part of the funds in 

5 this Act shall be available to prepare or present a request 

6 to the Committees on Appropriations for reprogramming 

7 of funds, unless for higher priority items, based on unfore8 seen military requirements, than those for which originally 

9 appropriated and in no case where the item for which re10 programming is requested has been denied by the Congress: 

11 Provided further, That a request for multiple 

12 reprogrammings of funds using authority provided in this 

13 section must be made prior to June 30, 2007: Provided fur14 ther, That transfers among military personnel appropria15 tions shall not be taken into account for purposes of the 

16 limitation on the amount of funds that may be transferred 

17 under this section. 

18 (TRANSFER OF FUNDS)

19 SEC. 8006. During the current fiscal year, cash bal20 ances in working capital funds of the Department of De21 fense established pursuant to section 2208 of title 10, United 

22 States Code, may be maintained in only such amounts as 

23 are necessary at any time for cash disbursements to be made 

24 from such funds: Provided, That transfers may be made be25 tween such funds: Provided further, That transfers may be 

26 made between working capital funds and the ‘‘Foreign Cur-
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1 rency Fluctuations, Defense’’ appropriation and the ‘‘Oper2 ation and Maintenance’’ appropriation accounts in such 

3 amounts as may be determined by the Secretary of Defense, 

4 with the approval of the Office of Management and Budget, 

5 except that such transfers may not be made unless the Sec6 retary of Defense has notified the Congress of the proposed 

7 transfer. Except in amounts equal to the amounts appro8 priated to working capital funds in this Act, no obligations 

9 may be made against a working capital fund to procure 

10 or increase the value of war reserve material inventory, un11 less the Secretary of Defense has notified the Congress prior 

12 to any such obligation. 

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

14 be used to initiate a special access program without prior 

15 notification 30 calendar days in session in advance to the 

16 congressional defense committees. 

17 SEC. 8008. None of the funds provided in this Act shall 

18 be available to initiate: (1) a multiyear contract that em19 ploys economic order quantity procurement in excess of 

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

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

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

23 multiyear contract that employs economic order quantity 

24 procurement in excess of $20,000,000 in any one year, un25 less the congressional defense committees have been notified 
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1 at least 30 days in advance of the proposed contract award: 

2 Provided, That no part of any appropriation contained in 

3 this Act shall be available to initiate a multiyear contract 

4 for which the economic order quantity advance procurement 

5 is not funded at least to the limits of the Government’s li6 ability: Provided further, That no part of any appropria7 tion contained in this Act shall be available to initiate 

8 multiyear procurement contracts for any systems or compo9 nent thereof if the value of the multiyear contract would 

10 exceed $500,000,000 unless specifically provided in this Act: 

11 Provided further, That no multiyear procurement contract 

12 can be terminated without 10-day prior notification to the 

13 congressional defense committees: Provided further, That the 

14 execution of multiyear authority shall require the use of a 

15 present value analysis to determine lowest cost compared 

16 to an annual procurement: Provided further, That none of 

17 the funds provided in this Act may be used for a multiyear 

18 contract executed after the date of the enactment of this Act 

19 unless in the case of any such contract— 

20 (1) the Secretary of Defense has submitted to 

21 Congress a budget request for full funding of units to 

22 be procured through the contract; 

23 (2) cancellation provisions in the contract do not 

24 include consideration of recurring manufacturing 
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1 costs of the contractor associated with the production 

2 of unfunded units to be delivered under the contract; 

3 (3) the contract provides that payments to the 

4 contractor under the contract shall not be made in 

5 advance of incurred costs on funded units; and 

6 (4) the contract does not provide for a price ad7 justment based on a failure to award a follow-on con8 tract. 

9 Funds appropriated in title III of this Act may be 

10 used for a multiyear procurement contract as follows: 

11 C–17 Globemaster; 

12 F–22A; 

13 MH–60R Helicopters; 

14 MH–60R Helicopter mission equipment; and 

15 V–22 Osprey. 

16 SEC. 8009. Within the funds appropriated for the oper17 ation and maintenance of the Armed Forces, funds are here18 by appropriated pursuant to section 401 of title 10, United 

19 States Code, for humanitarian and civic assistance costs 

20 under chapter 20 of title 10, United States Code. Such funds 

21 may also be obligated for humanitarian and civic assist22 ance costs incidental to authorized operations and pursuant 

23 to authority granted in section 401 of chapter 20 of title 

24 10, United States Code, and these obligations shall be re25 ported as required by section 401(d) of title 10, United 
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1 States Code: Provided, That funds available for operation 

2 and maintenance shall be available for providing humani3 tarian and similar assistance by using Civic Action Teams 

4 in the Trust Territories of the Pacific Islands and freely 

5 associated states of Micronesia, pursuant to the Compact 

6 of Free Association as authorized by Public Law 99–239: 

7 Provided further, That upon a determination by the Sec8 retary of the Army that such action is beneficial for grad9 uate medical education programs conducted at Army med10 ical facilities located in Hawaii, the Secretary of the Army 

11 may authorize the provision of medical services at such fa12 cilities and transportation to such facilities, on a non13 reimbursable basis, for civilian patients from American 

14 Samoa, the Commonwealth of the Northern Mariana Is15 lands, the Marshall Islands, the Federated States of Micro16 nesia, Palau, and Guam. 

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

18 personnel of the Department of Defense may not be man19 aged on the basis of any end-strength, and the management 

20 of such personnel during that fiscal year shall not be subject 

21 to any constraint or limitation (known as an end-strength) 

22 on the number of such personnel who may be employed on 

23 the last day of such fiscal year. 

24 (b) The fiscal year 2008 budget request for the Depart25 ment of Defense as well as all justification material and 
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1 other documentation supporting the fiscal year 2008 De2 partment of Defense budget request shall be prepared and 

3 submitted to the Congress as if subsections (a) and (b) of 

4 this provision were effective with regard to fiscal year 2008. 

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

6 to military (civilian) technicians. 

7 SEC. 8011. None of the funds appropriated in this or 

8 any other Act may be used to initiate a new installation 

9 overseas without 30-day advance notification to the Com10 mittees on Appropriations. 

11 SEC. 8012. None of the funds made available by this 

12 Act shall be used in any way, directly or indirectly, to in13 fluence congressional action on any legislation or appro14 priation matters pending before the Congress. 

15 SEC. 8013. None of the funds appropriated by this Act 

16 shall be available for the basic pay and allowances of any 

17 member of the Army participating as a full-time student 

18 and receiving benefits paid by the Secretary of Veterans Af19 fairs from the Department of Defense Education Benefits 

20 Fund when time spent as a full-time student is credited 

21 toward completion of a service commitment: Provided, That 

22 this subsection shall not apply to those members who have 

23 reenlisted with this option prior to October 1, 1987: Pro24 vided further, That this subsection applies only to active 

25 components of the Army. 
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1 SEC. 8014. (a) LIMITATION ON CONVERSION TO CON2 TRACTOR PERFORMANCE.—None of the funds appropriated 

3 by this Act shall be available to convert to contractor per4 formance an activity or function of the Department of De5 fense that, on or after the date of the enactment of this Act, 

6 is performed by more than 10 Department of Defense civil7 ian employees unless— 

8 (1) the conversion is based on the result of a pub9 lic-private competition that includes a most efficient 

10 and cost effective organization plan developed by such 

11 activity or function; 

12 (2) the Competitive Sourcing Official determines 

13 that, over all performance periods stated in the solici14 tation of offers for performance of the activity or 

15 function, the cost of performance of the activity or 

16 function by a contractor would be less costly to the 

17 Department of Defense by an amount that equals or 

18 exceeds the lesser of— 

19 (A) 10 percent of the most efficient organi20 zation’s personnel-related costs for performance 

21 of that activity or function by Federal employ22 ees; or 

23 (B) $10,000,000; and 
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1 (3) the contractor does not receive an advantage 

2 for a proposal that would reduce costs for the Depart3 ment of Defense by— 

4 (A) not making an employer-sponsored 

5 health insurance plan available to the workers 

6 who are to be employed in the performance of 

7 that activity or function under the contract; or 

8 (B) offering to such workers an employer9 sponsored health benefits plan that requires the 

10 employer to contribute less towards the premium 

11 or subscription share than the amount that is 

12 paid by the Department of Defense for health 

13 benefits for civilian employees under chapter 89 

14 of title 5, United States Code. 

15 (b) EXCEPTIONS.— 

16 (1) The Department of Defense, without regard 

17 to subsection (a) of this section or subsections (a), (b), 

18 or (c) of section 2461 of title 10, United States Code, 

19 and notwithstanding any administrative regulation, 

20 requirement, or policy to the contrary shall have full 

21 authority to enter into a contract for the performance 

22 of any commercial or industrial type function of the 

23 Department of Defense that— 
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1 (A) is included on the procurement list es2 tablished pursuant to section 2 of the Javits3 Wagner-O’Day Act (41 U.S.C. 47); 

4 (B) is planned to be converted to perform5 ance by a qualified nonprofit agency for the 

6 blind or by a qualified nonprofit agency for 

7 other severely handicapped individuals in ac8 cordance with that Act; or 

9 (C) is planned to be converted to perform10 ance by a qualified firm under at least 51 per11 cent ownership by an Indian tribe, as defined in 

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

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

14 450b(e)), or a Native Hawaiian Organization, as 

15 defined in section 8(a)(15) of the Small Business 

16 Act (15 U.S.C. 637(a)(15)). 

17 (2) This section shall not apply to depot con18 tracts or contracts for depot maintenance as provided 

19 in sections 2469 and 2474 of title 10, United States 

20 Code. 

21 (c) TREATMENT OF CONVERSION.—The conversion of 

22 any activity or function of the Department of Defense under 

23 the authority provided by this section shall be credited to24 ward any competitive or outsourcing goal, target, or meas25 urement that may be established by statute, regulation, or 
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1 policy and is deemed to be awarded under the authority 

2 of, and in compliance with, subsection (h) of section 2304 

3 of title 10, United States Code, for the competition or 

4 outsourcing of commercial activities. 

5 (TRANSFER OF FUNDS)

6 SEC. 8015. Funds appropriated in title III of this Act 

7 for the Department of Defense Pilot Mentor-Protege Pro8 gram may be transferred to any other appropriation con9 tained in this Act solely for the purpose of implementing 

10 a Mentor-Protege Program developmental assistance agree11 ment pursuant to section 831 of the National Defense Au12 thorization Act for Fiscal Year 1991 (Public Law 101–510; 

13 10 U.S.C. 2302 note), as amended, under the authority of 

14 this provision or any other transfer authority contained in 

15 this Act. 

16 SEC. 8016. None of the funds in this Act may be avail17 able for the purchase by the Department of Defense (and 

18 its departments and agencies) of welded shipboard anchor 

19 and mooring chain 4 inches in diameter and under unless 

20 the anchor and mooring chain are manufactured in the 

21 United States from components which are substantially 

22 manufactured in the United States: Provided, That for the 

23 purpose of this section manufactured will include cutting, 

24 heat treating, quality control, testing of chain and welding 

25 (including the forging and shot blasting process): Provided 

26 further, That for the purpose of this section substantially 
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1 all of the components of anchor and mooring chain shall 

2 be considered to be produced or manufactured in the United 

3 States if the aggregate cost of the components produced or 

4 manufactured in the United States exceeds the aggregate 

5 cost of the components produced or manufactured outside 

6 the United States: Provided further, That when adequate 

7 domestic supplies are not available to meet Department of 

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

9 service responsible for the procurement may waive this re10 striction on a case-by-case basis by certifying in writing 

11 to the Committees on Appropriations that such an acquisi12 tion must be made in order to acquire capability for na13 tional security purposes. 

14 SEC. 8017. None of the funds available to the Depart15 ment of Defense may be used to demilitarize or dispose of 

16 M–1 Carbines, M–1 Garand rifles, M–14 rifles, .22 caliber 

17 rifles, .30 caliber rifles, or M–1911 pistols. 

18 SEC. 8018. None of the funds appropriated by this Act 

19 available for the Civilian Health and Medical Program of 

20 the Uniformed Services (CHAMPUS) or TRICARE shall 

21 be available for the reimbursement of any health care pro22 vider for inpatient mental health service for care received 

23 when a patient is referred to a provider of inpatient mental 

24 health care or residential treatment care by a medical or 

25 health care professional having an economic interest in the 
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1 facility to which the patient is referred: Provided, That this 

2 limitation does not apply in the case of inpatient mental 

3 health services provided under the program for persons with 

4 disabilities under subsection (d) of section 1079 of title 10, 

5 United States Code, provided as partial hospital care, or 

6 provided pursuant to a waiver authorized by the Secretary 

7 of Defense because of medical or psychological circumstances 

8 of the patient that are confirmed by a health professional 

9 who is not a Federal employee after a review, pursuant to 

10 rules prescribed by the Secretary, which takes into account 

11 the appropriate level of care for the patient, the intensity 

12 of services required by the patient, and the availability of 

13 that care. 

14 SEC. 8019. No more than $500,000 of the funds appro15 priated or made available in this Act shall be used during 

16 a single fiscal year for any single relocation of an organiza17 tion, unit, activity or function of the Department of Defense 

18 into or within the National Capital Region: Provided, That 

19 the Secretary of Defense may waive this restriction on a 

20 case-by-case basis by certifying in writing to the congres21 sional defense committees that such a relocation is required 

22 in the best interest of the Government. 

23 SEC. 8020. In addition to the funds provided elsewhere 

24 in this Act, $8,000,000 is appropriated only for incentive 

25 payments authorized by section 504 of the Indian Financ-
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1 ing Act of 1974 (25 U.S.C. 1544): Provided, That a prime 

2 contractor or a subcontractor at any tier that makes a sub3 contract award to any subcontractor or supplier as defined 

4 in section 1544 of title 25, United States Code or a small 

5 business owned and controlled by an individual or individ6 uals defined under section 4221(9) of title 25, United States 

7 Code shall be considered a contractor for the purposes of 

8 being allowed additional compensation under section 504 

9 of the Indian Financing Act of 1974 (25 U.S.C. 1544) 

10 whenever the prime contract or subcontract amount is over 

11 $500,000 and involves the expenditure of funds appro12 priated by an Act making Appropriations for the Depart13 ment of Defense with respect to any fiscal year: Provided 

14 further, That notwithstanding section 430 of title 41, 

15 United States Code, this section shall be applicable to any 

16 Department of Defense acquisition of supplies or services, 

17 including any contract and any subcontract at any tier for 

18 acquisition of commercial items produced or manufactured, 

19 in whole or in part by any subcontractor or supplier de20 fined in section 1544 of title 25, United States Code or a 

21 small business owned and controlled by an individual or 

22 individuals defined under section 4221(9) of title 25, 

23 United States Code: Provided further, That, during the cur24 rent fiscal year and hereafter, businesses certified as 8(a) 

25 by the Small Business Administration pursuant to section 
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1 8(a)(15) of Public Law 85–536, as amended, shall have the 

2 same status as other program participants under section 

3 602 of Public Law 100–656, 102 Stat. 3825 (Business Op4 portunity Development Reform Act of 1988) for purposes 

5 of contracting with agencies of the Department of Defense. 

6 SEC. 8021. None of the funds appropriated by this Act 

7 shall be available to perform any cost study pursuant to 

8 the provisions of OMB Circular A–76 if the study being 

9 performed exceeds a period of 24 months after initiation 

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

11 30 months after initiation of such study for a multi-func12 tion activity. 

13 SEC. 8022. Funds appropriated by this Act for the 

14 American Forces Information Service shall not be used for 

15 any national or international political or psychological ac16 tivities. 

17 SEC. 8023. Notwithstanding any other provision of 

18 law or regulation, the Secretary of Defense may adjust wage 

19 rates for civilian employees hired for certain health care 

20 occupations as authorized for the Secretary of Veterans Af21 fairs by section 7455 of title 38, United States Code. 

22 SEC. 8024. During the current fiscal year, the Depart23 ment of Defense is authorized to incur obligations of not 

24 to exceed $350,000,000 for purposes specified in section 

25 2350j(c) of title 10, United States Code, in anticipation of 
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1 receipt of contributions, only from the Government of Ku2 wait, under that section: Provided, That upon receipt, such 

3 contributions from the Government of Kuwait shall be cred4 ited to the appropriations or fund which incurred such obli5 gations. 

6 SEC. 8025. (a) Of the funds made available in this 

7 Act, not less than $35,975,000 shall be available for the 

8 Civil Air Patrol Corporation, of which— 

9 (1) $25,087,000 shall be available from ‘‘Oper10 ation and Maintenance, Air Force’’ to support Civil 

11 Air Patrol Corporation operation and maintenance, 

12 readiness, counterdrug activities, and drug demand 

13 reduction activities involving youth programs; 

14 (2) $10,193,000 shall be available from ‘‘Aircraft 

15 Procurement, Air Force’’; and 

16 (3) $695,000 shall be available from ‘‘Other Pro17 curement, Air Force’’ for vehicle procurement. 

18 (b) The Secretary of the Air Force should waive reim19 bursement for any funds used by the Civil Air Patrol for 

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

21 local government agencies. 

22 SEC. 8026. (a) None of the funds appropriated in this 

23 Act are available to establish a new Department of Defense 

24 (department) federally funded research and development 

25 center (FFRDC), either as a new entity, or as a separate 
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1 entity administrated by an organization managing another 

2 FFRDC, or as a nonprofit membership corporation con3 sisting of a consortium of other FFRDCs and other non4 profit entities. 

5 (b) No member of a Board of Directors, Trustees, Over6 seers, Advisory Group, Special Issues Panel, Visiting Com7 mittee, or any similar entity of a defense FFRDC, and no 

8 paid consultant to any defense FFRDC, except when acting 

9 in a technical advisory capacity, may be compensated for 

10 his or her services as a member of such entity, or as a paid 

11 consultant by more than one FFRDC in a fiscal year: Pro12 vided, That a member of any such entity referred to pre13 viously in this subsection shall be allowed travel expenses 

14 and per diem as authorized under the Federal Joint Travel 

15 Regulations, when engaged in the performance of member16 ship duties. 

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

18 of the funds available to the department from any source 

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

20 through a fee or other payment mechanism, for construction 

21 of new buildings, for payment of cost sharing for projects 

22 funded by Government grants, for absorption of contract 

23 overruns, or for certain charitable contributions, not to in24 clude employee participation in community service and/or 

25 development. 
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1 (d) Notwithstanding any other provision of law, of the 

2 funds available to the department during fiscal year 2007, 

3 not more than 5,517 staff years of technical effort (staff 

4 years) may be funded for defense FFRDCs: Provided, That 

5 of the specific amount referred to previously in this sub6 section, not more than 1,050 staff years may be funded for 

7 the defense studies and analysis FFRDCs: Provided further, 

8 That this subsection shall not apply to staff years funded 

9 in the National Intelligence Program (NIP). 

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

11 of the department’s fiscal year 2008 budget request, submit 

12 a report presenting the specific amounts of staff years of 

13 technical effort to be allocated for each defense FFRDC dur14 ing that fiscal year. 

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

16 the total amount appropriated in this Act for FFRDCs is 

17 hereby reduced by $53,200,000. 

18 SEC. 8027. None of the funds appropriated or made 

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

20 or armor steel plate for use in any Government-owned facil21 ity or property under the control of the Department of De22 fense which were not melted and rolled in the United States 

23 or Canada: Provided, That these procurement restrictions 

24 shall apply to any and all Federal Supply Class 9515, 

25 American Society of Testing and Materials (ASTM) or 
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1 American Iron and Steel Institute (AISI) specifications of 

2 carbon, alloy or armor steel plate: Provided further, That 

3 the Secretary of the military department responsible for the 

4 procurement may waive this restriction on a case-by-case 

5 basis by certifying in writing to the Committees on Appro6 priations of the House of Representatives and the Senate 

7 that adequate domestic supplies are not available to meet 

8 Department of Defense requirements on a timely basis and 

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

10 capability for national security purposes: Provided further, 

11 That these restrictions shall not apply to contracts which 

12 are in being as of the date of the enactment of this Act. 

13 SEC. 8028. For the purposes of this Act, the term ‘‘con14 gressional defense committees’’ means the Armed Services 

15 Committee of the House of Representatives, the Armed Serv16 ices Committee of the Senate, the Subcommittee on Defense 

17 of the Committee on Appropriations of the Senate, and the 

18 Subcommittee on Defense of the Committee on Appropria19 tions of the House of Representatives. In addition, for any 

20 matter pertaining to basic allowance for housing, facilities 

21 sustainment, restoration and modernization, environmental 

22 restoration and the Defense Health Program, ‘‘congressional 

23 defense committees’’ also means the Subcommittee on Mili24 tary Quality of Life and Veterans Affairs, and Related 
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1 Agencies of the Committee on Appropriations of the House 

2 of Representatives. 

3 SEC. 8029. During the current fiscal year, the Depart4 ment of Defense may acquire the modification, depot main5 tenance and repair of aircraft, vehicles and vessels as well 

6 as the production of components and other Defense-related 

7 articles, through competition between Department of De8 fense depot maintenance activities and private firms: Pro9 vided, That the Senior Acquisition Executive of the military 

10 department or Defense Agency concerned, with power of del11 egation, shall certify that successful bids include comparable 

12 estimates of all direct and indirect costs for both public and 

13 private bids: Provided further, That Office of Management 

14 and Budget Circular A–76 shall not apply to competitions 

15 conducted under this section. 

16 SEC. 8030. (a)(1) If the Secretary of Defense, after con17 sultation with the United States Trade Representative, de18 termines that a foreign country which is party to an agree19 ment described in paragraph (2) has violated the terms of 

20 the agreement by discriminating against certain types of 

21 products produced in the United States that are covered by 

22 the agreement, the Secretary of Defense shall rescind the 

23 Secretary’s blanket waiver of the Buy American Act with 

24 respect to such types of products produced in that foreign 

25 country. 
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1 (2) An agreement referred to in paragraph (1) is any 

2 reciprocal defense procurement memorandum of under3 standing, between the United States and a foreign country 

4 pursuant to which the Secretary of Defense has prospec5 tively waived the Buy American Act for certain products 

6 in that country. 

7 (b) The Secretary of Defense shall submit to the Con8 gress a report on the amount of Department of Defense pur9 chases from foreign entities in fiscal year 2007. Such report 

10 shall separately indicate the dollar value of items for which 

11 the Buy American Act was waived pursuant to any agree12 ment described in subsection (a)(2), the Trade Agreement 

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

14 agreement to which the United States is a party. 

15 (c) For purposes of this section, the term ‘‘Buy Amer16 ican Act’’ means title III of the Act entitled ‘‘An Act mak17 ing appropriations for the Treasury and Post Office De18 partments for the fiscal year ending June 30, 1934, and 

19 for other purposes’’, approved March 3, 1933 (41 U.S.C. 

20 10a et seq.). 

21 SEC. 8031. Notwithstanding any other provision of 

22 law, funds available during the current fiscal year and 

23 hereafter for ‘‘Drug Interdiction and Counter-Drug Activi24 ties, Defense’’ may be obligated for the Young Marines pro25 gram. 
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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8032. During the current fiscal year, amounts 

3 contained in the Department of Defense Overseas Military 

4 Facility Investment Recovery Account established by section 

5 2921(c)(1) of the National Defense Authorization Act of 

6 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall be 

7 available until expended for the payments specified by sec8 tion 2921(c)(2) of that Act. 

9 SEC. 8033. (a) IN GENERAL.—Notwithstanding any 

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

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

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

13 South Dakota, Montana, and Minnesota relocatable mili14 tary housing units located at Grand Forks Air Force Base 

15 and Minot Air Force Base that are excess to the needs of 

16 the Air Force. 

17 (b) PROCESSING OF REQUESTS.—The Secretary of the 

18 Air Force shall convey, at no cost to the Air Force, military 

19 housing units under subsection (a) in accordance with the 

20 request for such units that are submitted to the Secretary 

21 by the Operation Walking Shield Program on behalf of In22 dian tribes located in the States of North Dakota, South 

23 Dakota, Montana, and Minnesota. 

24 (c) RESOLUTION OF HOUSING UNIT CONFLICTS.—The 

25 Operation Walking Shield Program shall resolve any con-
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1 flicts among requests of Indian tribes for housing units 

2 under subsection (a) before submitting requests to the Sec3 retary of the Air Force under subsection (b). 

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

5 ‘‘Indian tribe’’ means any recognized Indian tribe included 

6 on the current list published by the Secretary of the Interior 

7 under section 104 of the Federally Recognized Indian Tribe 

8 Act of 1994 (Public Law 103–454; 108 Stat. 4792; 25 

9 U.S.C. 479a–1). 

10 SEC. 8034. During the current fiscal year, appropria11 tions which are available to the Department of Defense for 

12 operation and maintenance may be used to purchase items 

13 having an investment item unit cost of not more than 

14 $250,000. 

15 SEC. 8035. (a) During the current fiscal year, none 

16 of the appropriations or funds available to the Department 

17 of Defense Working Capital Funds shall be used for the pur18 chase of an investment item for the purpose of acquiring 

19 a new inventory item for sale or anticipated sale during 

20 the current fiscal year or a subsequent fiscal year to cus21 tomers of the Department of Defense Working Capital 

22 Funds if such an item would not have been chargeable to 

23 the Department of Defense Business Operations Fund dur24 ing fiscal year 1994 and if the purchase of such an invest25 ment item would be chargeable during the current fiscal 
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1 year to appropriations made to the Department of Defense 

2 for procurement. 

3 (b) The fiscal year 2008 budget request for the Depart4 ment of Defense as well as all justification material and 

5 other documentation supporting the fiscal year 2008 De6 partment of Defense budget shall be prepared and submitted 

7 to the Congress on the basis that any equipment which was 

8 classified as an end item and funded in a procurement ap9 propriation contained in this Act shall be budgeted for in 

10 a proposed fiscal year 2008 procurement appropriation and 

11 not in the supply management business area or any other 

12 area or category of the Department of Defense Working 

13 Capital Funds. 

14 SEC. 8036. None of the funds appropriated by this Act 

15 for programs of the Central Intelligence Agency shall re16 main available for obligation beyond the current fiscal year, 

17 except for funds appropriated for the Reserve for Contin18 gencies, which shall remain available until September 30, 

19 2008: Provided, That funds appropriated, transferred, or 

20 otherwise credited to the Central Intelligence Agency Cen21 tral Services Working Capital Fund during this or any 

22 prior or subsequent fiscal year shall remain available until 

23 expended: Provided further, That any funds appropriated 

24 or transferred to the Central Intelligence Agency for ad25 vanced research and development acquisition, for agent op-
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1 erations, and for covert action programs authorized by the 

2 President under section 503 of the National Security Act 

3 of 1947, as amended, shall remain available until Sep4 tember 30, 2008. 

5 SEC. 8037. Notwithstanding any other provision of 

6 law, funds made available in this Act for the Defense Intel7 ligence Agency may be used for the design, development, and 

8 deployment of General Defense Intelligence Program intel9 ligence communications and intelligence information sys10 tems for the Services, the Unified and Specified Commands, 

11 and the component commands. 

12 SEC. 8038. Of the funds appropriated to the Depart13 ment of Defense under the heading ‘‘Operation and Mainte14 nance, Defense-Wide’’, not less than $10,000,000 shall be 

15 made available only for the mitigation of environmental 

16 impacts, including training and technical assistance to 

17 tribes, related administrative support, the gathering of in18 formation, documenting of environmental damage, and de19 veloping a system for prioritization of mitigation and cost 

20 to complete estimates for mitigation, on Indian lands re21 sulting from Department of Defense activities. 

22 SEC. 8039. (a) None of the funds appropriated in this 

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

24 Defense unless the entity, in expending the funds, complies 

25 with the Buy American Act. For purposes of this subsection, 
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1 the term ‘‘Buy American Act’’ means title III of the Act 

2 entitled ‘‘An Act making appropriations for the Treasury 

3 and Post Office Departments for the fiscal year ending June 

4 30, 1934, and for other purposes’’, approved March 3, 1933 

5 (41 U.S.C. 10a et seq.). 

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

7 has been convicted of intentionally affixing a label bearing 

8 a ‘‘Made in America’’ inscription to any product sold in 

9 or shipped to the United States that is not made in Amer10 ica, the Secretary shall determine, in accordance with sec11 tion 2410f of title 10, United States Code, whether the per12 son should be debarred from contracting with the Depart13 ment of Defense. 

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

15 with appropriations provided under this Act, it is the sense 

16 of the Congress that any entity of the Department of De17 fense, in expending the appropriation, purchase only Amer18 ican-made equipment and products, provided that Amer19 ican-made equipment and products are cost-competitive, 

20 quality-competitive, and available in a timely fashion. 

21 SEC. 8040. None of the funds appropriated by this Act 

22 shall be available for a contract for studies, analysis, or 

23 consulting services entered into without competition on the 

24 basis of an unsolicited proposal unless the head of the activ25 ity responsible for the procurement determines— 
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1 (1) as a result of thorough technical evaluation, 

2 only one source is found fully qualified to perform the 

3 proposed work; 

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

5 unsolicited proposal which offers significant scientific 

6 or technological promise, represents the product of 

7 original thinking, and was submitted in confidence 

8 by one source; or 

9 (3) the purpose of the contract is to take advan10 tage of unique and significant industrial accomplish11 ment by a specific concern, or to insure that a new 

12 product or idea of a specific concern is given finan13 cial support: Provided, That this limitation shall not 

14 apply to contracts in an amount of less than $25,000, 

15 contracts related to improvements of equipment that 

16 is in development or production, or contracts as to 

17 which a civilian official of the Department of Defense, 

18 who has been confirmed by the Senate, determines 

19 that the award of such contract is in the interest of 

20 the national defense. 

21 SEC. 8041. (a) Except as provided in subsection (b) 

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

23 be used— 

24 (1) to establish a field operating agency; or 
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1 (2) to pay the basic pay of a member of the 

2 Armed Forces or civilian employee of the department 

3 who is transferred or reassigned from a headquarters 

4 activity if the member or employee’s place of duty re5 mains at the location of that headquarters. 

6 (b) The Secretary of Defense or Secretary of a military 

7 department may waive the limitations in subsection (a), 

8 on a case-by-case basis, if the Secretary determines, and cer9 tifies to the Committees on Appropriations of the House of 

10 Representatives and Senate that the granting of the waiver 

11 will reduce the personnel requirements or the financial re12 quirements of the department. 

13 (c) This section does not apply to— 

14 (1) field operating agencies funded within the 

15 National Intelligence Program; or 

16 (2) an Army field operating agency established 

17 to eliminate, mitigate, or counter the effects of impro18 vised explosive devices, and, as determined by the Sec19 retary of the Army, other similar threats. 

20 SEC. 8042. The Secretary of Defense, notwithstanding 

21 any other provision of law, acting through the Office of Eco22 nomic Adjustment of the Department of Defense, may use 

23 funds made available in this Act under the heading ‘‘Oper24 ation and Maintenance, Defense-Wide’’ to make grants and 

25 supplement other Federal funds in accordance with the 
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1 guidance provided in the report of the Committee on Appro2 priations of the Senate accompanying this Act, and the 

3 projects specified in such guidance shall be considered to 

4 be authorized by law. 

5 (RESCISSIONS)

6 SEC. 8043. Of the funds appropriated in Department 

7 of Defense Appropriations Acts, the following funds are 

8 hereby rescinded from the following accounts and programs 

9 in the specified amounts: 

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

11 $20,000,000; 

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

13 $40,700,000; 

14 ‘‘Shipbuilding and Conversion, Navy, 2006/ 

15 2010’’, $220,000,000; 

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

17 $141,100,000; 

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

19 $100,000,000; 

20 ‘‘Other Procurement, Air Force, 2006/2008’’, 

21 $125,000,000; 

22 ‘‘Research, Development, Test and Evaluation, 

23 Navy, 2006/2007’’, $27,282,000; 

24 ‘‘Research, Development, Test and Evaluation, 

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

2 Defense-Wide, 2006/2007’’, $100,000,000; 

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

4 $107,200,000; and 

5 ‘‘Shipbuilding and Conversion Navy, 2005/ 

6 2009’’, $11,245,000. 

7 SEC. 8044. None of the funds available in this Act may 

8 be used to reduce the authorized positions for military (ci9 vilian) technicians of the Army National Guard, the Air 

10 National Guard, Army Reserve and Air Force Reserve for 

11 the purpose of applying any administratively imposed ci12 vilian personnel ceiling, freeze, or reduction on military (ci13 vilian) technicians, unless such reductions are a direct re14 sult of a reduction in military force structure. 

15 SEC. 8045. None of the funds appropriated or other16 wise made available in this Act may be obligated or ex17 pended for assistance to the Democratic People’s Republic 

18 of North Korea unless specifically appropriated for that 

19 purpose. 

20 SEC. 8046. Funds appropriated in this Act for oper21 ation and maintenance of the Military Departments, Com22 batant Commands and Defense Agencies shall be available 

23 for reimbursement of pay, allowances and other expenses 

24 which would otherwise be incurred against appropriations 

25 for the National Guard and Reserve when members of the 
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1 National Guard and Reserve provide intelligence or coun2 terintelligence support to Combatant Commands, Defense 

3 Agencies and Joint Intelligence Activities, including the ac4 tivities and programs included within the National Intel5 ligence Program and the Military Intelligence Program: 

6 Provided, That nothing in this section authorizes deviation 

7 from established Reserve and National Guard personnel and 

8 training procedures. 

9 SEC. 8047. During the current fiscal year, none of the 

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

11 civilian medical and medical support personnel assigned to 

12 military treatment facilities below the September 30, 2003, 

13 level: Provided, That the Service Surgeons General may 

14 waive this section by certifying to the congressional defense 

15 committees that the beneficiary population is declining in 

16 some catchment areas and civilian strength reductions may 

17 be consistent with responsible resource stewardship and 

18 capitation-based budgeting. 

19 SEC. 8048. Notwithstanding any other provision of 

20 law, that not more than 35 percent of funds provided in 

21 this Act for environmental remediation may be obligated 

22 under indefinite delivery/indefinite quantity contracts with 

23 a total contract value of $130,000,000 or higher. 

24 SEC. 8049. (a) None of the funds available to the De25 partment of Defense for any fiscal year for drug interdic-
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1 tion or counter-drug activities may be transferred to any 

2 other department or agency of the United States except as 

3 specifically provided in an appropriations law. 

4 (b) None of the funds available to the Central Intel5 ligence Agency for any fiscal year for drug interdiction and 

6 counter-drug activities may be transferred to any other de7 partment or agency of the United States except as specifi8 cally provided in an appropriations law. 

9 SEC. 8050. None of the funds appropriated by this Act 

10 may be used for the procurement of ball and roller bearings 

11 other than those produced by a domestic source and of do12 mestic origin: Provided, That the Secretary of the military 

13 department responsible for such procurement may waive 

14 this restriction on a case-by-case basis by certifying in writ15 ing to the Committees on Appropriations of the House of 

16 Representatives and the Senate, that adequate domestic 

17 supplies are not available to meet Department of Defense 

18 requirements on a timely basis and that such an acquisition 

19 must be made in order to acquire capability for national 

20 security purposes: Provided further, That this restriction 

21 shall not apply to the purchase of ‘‘commercial items’’, as 

22 defined by section 4(12) of the Office of Federal Procure23 ment Policy Act, except that the restriction shall apply to 

24 ball or roller bearings purchased as end items. 
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1 SEC. 8051. None of the funds in this Act may be used 

2 to purchase any supercomputer which is not manufactured 

3 in the United States, unless the Secretary of Defense cer4 tifies to the congressional defense committees that such an 

5 acquisition must be made in order to acquire capability for 

6 national security purposes that is not available from 

7 United States manufacturers. 

8 SEC. 8052. Notwithstanding any other provision of 

9 law, each contract awarded by the Department of Defense 

10 during the current fiscal year and hereafter for construction 

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

12 defined in section 381(d) of title 10, United States Code) 

13 which is not contiguous with another State and has an un14 employment rate in excess of the national average rate of 

15 unemployment as determined by the Secretary of Labor, 

16 shall include a provision requiring the contractor to em17 ploy, for the purpose of performing that portion of the con18 tract in such State that is not contiguous with another 

19 State, individuals who are residents of such State and who, 

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

21 to 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. 8053. 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 respon5 sibilities or budgetary resources of any program, project, 

6 or activity financed by this Act to the jurisdiction of an7 other Federal agency not financed by this Act without the 

8 express authorization of Congress: Provided, That this limi9 tation shall not apply to transfers of funds expressly pro10 vided for in Defense Appropriations Acts, or provisions of 

11 Acts providing supplemental appropriations for the De12 partment of Defense. 

13 SEC. 8054. (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 de20 scribed in subsection (b) unless the congressional defense 

21 committees, the Committee on International Relations of 

22 the House of Representatives, and the Committee on For23 eign Relations of the Senate are notified 15 days in advance 

24 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 VI 

3 or chapter VII of the United Nations Charter under 

4 the authority of a United Nations Security Council 

5 resolution; and 

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

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

9 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 re17 quirements of all elements of the Armed Forces 

18 (including the reserve components) for the type 

19 of equipment or supplies to be transferred have 

20 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 provide 

24 funds for such replacement. 
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1 SEC. 8055. None of the funds available to the Depart2 ment of Defense under this Act shall be obligated or ex3 pended to pay a contractor under a contract with the De4 partment of Defense for costs of any amount paid by the 

5 contractor to an employee when— 

6 (1) such costs are for a bonus or otherwise in ex7 cess of the normal salary paid by the contractor to the 

8 employee; and 

9 (2) such bonus is part of restructuring costs asso10 ciated with a business combination. 

11 (INCLUDING TRANSFER OF FUNDS)

12 SEC. 8056. During the current fiscal year, no more 

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

14 the heading ‘‘Operation and Maintenance, Defense-Wide’’ 

15 may be transferred to appropriations available for the pay 

16 of military personnel, to be merged with, and to be available 

17 for the same time period as the appropriations to which 

18 transferred, to be used in support of such personnel in con19 nection with support and services for eligible organizations 

20 and activities outside the Department of Defense pursuant 

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

22 SEC. 8057. During the current fiscal year, in the case 

23 of an appropriation account of the Department of Defense 

24 for which the period of availability for obligation has ex25 pired or which has closed under the provisions of section 

26 1552 of title 31, United States Code, and which has a nega-
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1 tive unliquidated or unexpended balance, an obligation or 

2 an adjustment of an obligation may be charged to any cur3 rent appropriation account for the same purpose as the ex4 pired or closed account if— 

5 (1) the obligation would have been properly 

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

7 closed account before the end of the period of avail8 ability or closing of that account; 

9 (2) the obligation is not otherwise properly 

10 chargeable to any current appropriation account of 

11 the Department of Defense; and 

12 (3) in the case of an expired account, the obliga13 tion is not chargeable to a current appropriation of 

14 the Department of Defense under the provisions of sec15 tion 1405(b)(8) of the National Defense Authorization 

16 Act for Fiscal Year 1991, Public Law 101–510, as 

17 amended (31 U.S.C. 1551 note): Provided, That in 

18 the case of an expired account, if subsequent review 

19 or investigation discloses that there was not in fact a 

20 negative unliquidated or unexpended balance in the 

21 account, any charge to a current account under the 

22 authority of this section shall be reversed and re23 corded against the expired account: Provided further, 

24 That the total amount charged to a current appro25 priation under this section may not exceed an 
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1 amount equal to 1 percent of the total appropriation 

2 for that account. 

3 SEC. 8058. (a) Notwithstanding any other provision 

4 of law, the Chief of the National Guard Bureau may permit 

5 the use of equipment of the National Guard Distance Learn6 ing Project by any person or entity on a space-available, 

7 reimbursable basis. The Chief of the National Guard Bu8 reau shall establish the amount of reimbursement for such 

9 use on a case-by-case basis. 

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

11 credited to funds available for the National Guard Distance 

12 Learning Project and be available to defray the costs associ13 ated with the use of equipment of the project under that 

14 subsection. Such funds shall be available for such purposes 

15 without fiscal year limitation. 

16 SEC. 8059. Using funds available by this Act or any 

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

18 determination under section 2690 of title 10, United States 

19 Code, may implement cost-effective agreements for required 

20 heating facility modernization in the Kaiserslautern Mili21 tary Community in the Federal Republic of Germany: Pro22 vided, That in the City of Kaiserslautern such agreements 

23 will include the use of United States anthracite as the base 

24 load energy for municipal district heat to the United States 

25 Defense installations: Provided further, That at Landstuhl 
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1 Army Regional Medical Center and Ramstein Air Base, 

2 furnished heat may be obtained from private, regional or 

3 municipal services, if provisions are included for the con4 sideration of United States coal as an energy source. 

5 SEC. 8060. None of the funds appropriated in title IV 

6 of this Act may be used to procure end-items for delivery 

7 to military forces for operational training, operational use 

8 or inventory requirements: Provided, That this restriction 

9 does not apply to end-items used in development, proto10 typing, and test activities preceding and leading to accept11 ance for operational use: Provided further, That this restric12 tion does not apply to programs funded within the National 

13 Intelligence Program: Provided further, That the Secretary 

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

15 by certifying in writing to the Committees on Appropria16 tions of the House of Representatives and the Senate that 

17 it is in the national security interest to do so. 

18 SEC. 8061. Notwithstanding any other provision of 

19 law, funds available to the Department of Defense shall be 

20 made available to provide transportation of medical sup21 plies and equipment, on a nonreimbursable basis, to Amer22 ican Samoa, and funds available to the Department of De23 fense shall be made available to provide transportation of 

24 medical supplies and equipment, on a nonreimbursable 
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1 basis, to the Indian Health Service when it is in conjunc2 tion with a civil-military project. 

3 SEC. 8062. None of the funds made available in this 

4 Act may be used to approve or license the sale of the F– 

5 22A advanced tactical fighter to any foreign government. 

6 SEC. 8063. (a) The Secretary of Defense may, on a 

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

8 each limitation on the procurement of defense items from 

9 foreign sources provided in law if the Secretary determines 

10 that the application of the limitation with respect to that 

11 country would invalidate cooperative programs entered into 

12 between the Department of Defense and the foreign country, 

13 or would invalidate reciprocal trade agreements for the pro14 curement of defense items entered into under section 2531 

15 of title 10, United States Code, and the country does not 

16 discriminate against the same or similar defense items pro17 duced in the United States for that country. 

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

19 (1) contracts and subcontracts entered into on or 

20 after the date of the enactment of this Act; and 

21 (2) options for the procurement of items that are 

22 exercised after such date under contracts that are en23 tered into before such date if the option prices are ad24 justed for any reason other than the application of a 

25 waiver granted under subsection (a). 
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1 (c) Subsection (a) does not apply to a limitation re2 garding construction of public vessels, ball and roller bear3 ings, food, and clothing or textile materials as defined by 

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

5 Schedule and products classified under headings 4010, 

6 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 

7 7229, 7304.41 through 7304.49, 7306.40, 7502 through 

8 7508, 8105, 8108, 8109, 8211, 8215, and 9404. 

9 SEC. 8064. (a) PROHIBITION.—None of the funds made 

10 available by this Act may be used to support any training 

11 program involving a unit of the security forces of a foreign 

12 country if the Secretary of Defense has received credible in13 formation from the Department of State that the unit has 

14 committed a gross violation of human rights, unless all nec15 essary corrective steps have been taken. 

16 (b) MONITORING.—The Secretary of Defense, in con17 sultation with the Secretary of State, shall ensure that prior 

18 to a decision to conduct any training program referred to 

19 in subsection (a), full consideration is given to all credible 

20 information available to the Department of State relating 

21 to human rights violations by foreign security forces. 

22 (c) WAIVER.—The Secretary of Defense, after consulta23 tion with the Secretary of State, may waive the prohibition 

24 in subsection (a) if he determines that such waiver is re25 quired by extraordinary circumstances. 
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1 (d) REPORT.—Not more than 15 days after the exercise 

2 of any waiver under subsection (c), the Secretary of Defense 

3 shall submit a report to the congressional defense commit4 tees describing the extraordinary circumstances, the purpose 

5 and duration of the training program, the United States 

6 forces and the foreign security forces involved in the train7 ing program, and the information relating to human rights 

8 violations that necessitates the waiver. 

9 SEC. 8065. None of the funds appropriated or made 

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

11 be used to develop, lease or procure the T-AKE class of ships 

12 unless the main propulsion diesel engines and propulsors 

13 are manufactured in the United States by a domestically 

14 operated entity: Provided, That the Secretary of Defense 

15 may waive this restriction on a case-by-case basis by certi16 fying in writing to the Committees on Appropriations of 

17 the House of Representatives and the Senate that adequate 

18 domestic supplies are not available to meet Department of 

19 Defense requirements on a timely basis and that such an 

20 acquisition must be made in order to acquire capability for 

21 national security purposes or there exists a significant cost 

22 or quality difference. 

23 SEC. 8066. None of the funds appropriated or other24 wise made available by this or other Department of Defense 

25 Appropriations Acts may be obligated or expended for the 
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1 purpose of performing repairs or maintenance to military 

2 family housing units of the Department of Defense, includ3 ing areas in such military family housing units that may 

4 be used for the purpose of conducting official Department 

5 of Defense business. 

6 SEC. 8067. Notwithstanding any other provision of 

7 law, funds appropriated in this Act under the heading ‘‘Re8 search, Development, Test and Evaluation, Defense-Wide’’ 

9 for any new start advanced concept technology demonstra10 tion project may only be obligated 30 days after a report, 

11 including a description of the project, the planned acquisi12 tion and transition strategy and its estimated annual and 

13 total cost, has been provided in writing to the congressional 

14 defense committees: Provided, That the Secretary of Defense 

15 may waive this restriction on a case-by-case basis by certi16 fying to the congressional defense committees that it is in 

17 the national interest to do so. 

18 SEC. 8068. The Secretary of Defense shall provide a 

19 classified quarterly report beginning 30 days after enact20 ment of this Act, to the House and Senate Appropriations 

21 Committees, Subcommittees on Defense on certain matters 

22 as directed in the classified annex accompanying this Act. 

23 SEC. 8069. During the current fiscal year, refunds at24 tributable to the use of the Government travel card, refunds 

25 attributable to the use of the Government Purchase Card 
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1 and refunds attributable to official Government travel ar2 ranged by Government Contracted Travel Management 

3 Centers may be credited to operation and maintenance, and 

4 research, development, test and evaluation accounts of the 

5 Department of Defense which are current when the refunds 

6 are received. 

7 SEC. 8070. (a) REGISTERING FINANCIAL MANAGE8 MENT INFORMATION TECHNOLOGY SYSTEMS WITH DOD 

9 CHIEF INFORMATION OFFICER.—None of the funds appro10 priated in this Act may be used for a mission critical or 

11 mission essential financial management information tech12 nology system (including a system funded by the defense 

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

14 Information Officer of the Department of Defense. A system 

15 shall be considered to be registered with that officer upon 

16 the furnishing to that officer of notice of the system, together 

17 with such information concerning the system as the Sec18 retary of Defense may prescribe. A financial management 

19 information technology system shall be considered a mission 

20 critical or mission essential information technology system 

21 as defined by the Under Secretary of Defense (Comptroller). 

22 (b) CERTIFICATIONS AS TO COMPLIANCE WITH FINAN23 CIAL MANAGEMENT MODERNIZATION PLAN.— 

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

25 management automated information system, a mixed 
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1 information system supporting financial and non-fi2 nancial systems, or a system improvement of more 

3 than $1,000,000 may not receive Milestone A ap4 proval, Milestone B approval, or full rate production, 

5 or their equivalent, within the Department of Defense 

6 until the Under Secretary of Defense (Comptroller) 

7 certifies, with respect to that milestone, that the sys8 tem is being developed and managed in accordance 

9 with the Department’s Financial Management Mod10 ernization Plan. The Under Secretary of Defense 

11 (Comptroller) may require additional certifications, 

12 as appropriate, with respect to any such system. 

13 (2) The Chief Information Officer shall provide 

14 the congressional defense committees timely notifica15 tion of certifications under paragraph (1). 

16 (c) CERTIFICATIONS AS TO COMPLIANCE WITH

17 CLINGER-COHEN ACT.— 

18 (1) During the current fiscal year, a major auto19 mated information system may not receive Milestone 

20 A approval, Milestone B approval, or full rate pro21 duction approval, or their equivalent, within the De22 partment of Defense until the Chief Information Offi23 cer certifies, with respect to that milestone, that the 

24 system is being developed in accordance with the 

25 Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.). 
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1 The Chief Information Officer may require additional 

2 certifications, as appropriate, with respect to any 

3 such system. 

4 (2) The Chief Information Officer shall provide 

5 the congressional defense committees timely notifica6 tion of certifications under paragraph (1). Each such 

7 notification shall include a statement confirming that 

8 the following steps have been taken with respect to the 

9 system: 

10 (A) Business process reengineering. 

11 (B) An analysis of alternatives. 

12 (C) An economic analysis that includes a 

13 calculation of the return on investment. 

14 (D) Performance measures. 

15 (E) An information assurance strategy con16 sistent with the Department’s Global Informa17 tion Grid. 

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

19 (1) The term ‘‘Chief Information Officer’’ means 

20 the senior official of the Department of Defense des21 ignated by the Secretary of Defense pursuant to sec22 tion 3506 of title 44, United States Code. 

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

24 has the meaning given the term ‘‘information tech-
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1 nology’’ in section 5002 of the Clinger-Cohen Act of 

2 1996 (40 U.S.C. 1401). 

3 SEC. 8071. During the current fiscal year, none of the 

4 funds available to the Department of Defense may be used 

5 to provide support to another department or agency of the 

6 United States if such department or agency is more than 

7 90 days in arrears in making payment to the Department 

8 of Defense for goods or services previously provided to such 

9 department or agency on a reimbursable basis: Provided, 

10 That this restriction shall not apply if the department is 

11 authorized by law to provide support to such department 

12 or agency on a nonreimbursable basis, and is providing the 

13 requested support pursuant to such authority: Provided fur14 ther, That the Secretary of Defense may waive this restric15 tion on a case-by-case basis by certifying in writing to the 

16 Committees on Appropriations of the House of Representa17 tives and the Senate that it is in the national security inter18 est to do so. 

19 SEC. 8072. Notwithstanding section 12310(b) of title 

20 10, United States Code, a Reserve who is a member of the 

21 National Guard serving on full-time National Guard duty 

22 under section 502(f) of title 32 may perform duties in sup23 port of the ground-based elements of the National Ballistic 

24 Missile Defense System. 
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1 SEC. 8073. None of the funds provided in this Act may 

2 be used to transfer to any nongovernmental entity ammuni3 tion held by the Department of Defense that has a center4 fire cartridge and a United States military nomenclature 

5 designation of ‘‘armor penetrator’’, ‘‘armor piercing (AP)’’, 

6 ‘‘armor piercing incendiary (API)’’, or ‘‘armor-piercing in7 cendiary-tracer (API–T)’’, except to an entity performing 

8 demilitarization services for the Department of Defense 

9 under a contract that requires the entity to demonstrate to 

10 the satisfaction of the Department of Defense that armor 

11 piercing projectiles are either: (1) rendered incapable of 

12 reuse by the demilitarization process; or (2) used to manu13 facture ammunition pursuant to a contract with the De14 partment of Defense or the manufacture of ammunition for 

15 export pursuant to a License for Permanent Export of Un16 classified Military Articles issued by the Department of 

17 State. 

18 SEC. 8074. Notwithstanding any other provision of 

19 law, the Chief of the National Guard Bureau, or his des20 ignee, may waive payment of all or part of the consider21 ation that otherwise would be required under section 2667 

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

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

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

25 United States Code, or any other youth, social, or fraternal 
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1 non-profit organization as may be approved by the Chief 

2 of the National Guard Bureau, or his designee, on a case3 by-case basis. 

4 SEC. 8075. None of the funds appropriated by this Act 

5 shall be used for the support of any nonappropriated funds 

6 activity of the Department of Defense that procures malt 

7 beverages and wine with nonappropriated funds for resale 

8 (including such alcoholic beverages sold by the drink) on 

9 a military installation located in the United States unless 

10 such malt beverages and wine are procured within that 

11 State, or in the case of the District of Columbia, within 

12 the District of Columbia, in which the military installation 

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

14 installation is located in more than one State, purchases 

15 may be made in any State in which the installation is lo16 cated: Provided further, That such local procurement re17 quirements for malt beverages and wine shall apply to all 

18 alcoholic beverages only for military installations in States 

19 which are not contiguous with another State: Provided fur20 ther, That alcoholic beverages other than wine and malt bev21 erages, in contiguous States and the District of Columbia 

22 shall be procured from the most competitive source, price 

23 and other factors considered. 

24 SEC. 8076. Funds available to the Department of De25 fense for the Global Positioning System during the current 
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1 fiscal year may be used to fund civil requirements associ2 ated with the satellite and ground control segments of such 

3 system’s modernization program. 

4 (INCLUDING TRANSFER OF FUNDS)

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

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

7 $78,300,000 shall remain available until expended: Pro8 vided, That notwithstanding any other provision of law, the 

9 Secretary of Defense is authorized to transfer such funds 

10 to other activities of the Federal Government: Provided fur11 ther, That the Secretary of Defense is authorized to enter 

12 into and carry out contracts for the acquisition of real 

13 property, construction, personal services, and operations re14 lated to projects carrying out the purposes of this section: 

15 Provided further, That contracts entered into under the au16 thority of this section may provide for such indemnification 

17 as the Secretary determines to be necessary: Provided fur18 ther, That projects authorized by this section shall comply 

19 with applicable Federal, State, and local law to the max20 imum extent consistent with the national security, as deter21 mined by the Secretary of Defense. 

22 SEC. 8078. Section 8106 of the Department of Defense 

23 Appropriations Act, 1997 (titles I through VIII of the mat24 ter under subsection 101(b) of Public Law 104–208; 110 

25 Stat. 3009–111; 10 U.S.C. 113 note) shall continue in effect 
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1 to apply to disbursements that are made by the Department 

2 of Defense in fiscal year 2007. 

3 SEC. 8079. (a) The Secretary of Defense, in coordina4 tion with the Secretary of Health and Human Services, 

5 may carry out a program to distribute surplus dental and 

6 medical equipment of the Department of Defense, at no cost 

7 to the Department of Defense, to Indian Health Service fa8 cilities and to federally-qualified health centers (within the 

9 meaning of section 1905(l)(2)(B) of the Social Security Act 

10 (42 U.S.C. 1396d(l)(2)(B))). 

11 (b) In carrying out this provision, the Secretary of De12 fense shall give the Indian Health Service a property dis13 posal priority equal to the priority given to the Department 

14 of Defense and its twelve special screening programs in dis15 tribution of surplus dental and medical supplies and equip16 ment. 

17 SEC. 8080. Amounts appropriated in title II of this 

18 Act are hereby reduced by $92,000,000 to reflect savings at19 tributable to efficiencies and management improvements in 

20 the funding of miscellaneous or other contracts in the mili21 tary departments, as follows: 

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

23 $5,000,000. 

24 (2) From ‘‘Operation and Maintenance, Air 

25 Force’’, $87,000,000. 
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1 SEC. 8081. The total amount appropriated or other2 wise made available in this Act is hereby reduced by 

3 $71,000,000 to limit excessive growth in the procurement 

4 of advisory and assistance services, to be distributed as fol5 lows: 

6 ‘‘Operation and Maintenance, Army’’, $32,000,000. 

7 ‘‘Operation and Maintenance, Navy’’, $34,000,000. 

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

9 $5,000,000. 

10 (INCLUDING TRANSFER OF FUNDS)

11 SEC. 8082. Of the amounts appropriated in this Act 

12 under the heading ‘‘Research, Development, Test and Eval13 uation, Defense-Wide’’, $152,494,000 shall be made avail14 able for the Arrow missile defense program: Provided, That 

15 of this amount, $63,000,000 shall be available for the pur16 pose of producing Arrow missile components in the United 

17 States and Arrow missile components and missiles in Israel 

18 to meet Israel’s defense requirements, consistent with each 

19 nation’s laws, regulations and procedures, and $25,000,000 

20 shall be available for the purpose of the initiation of a joint 

21 feasibility study designated the Short Range Ballistic Mis22 sile Defense (SRBMD) initiative: Provided further, That 

23 funds made available under this provision for production 

24 of missiles and missile components may be transferred to 

25 appropriations available for the procurement of weapons 

26 and equipment, to be merged with and to be available for 
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1 the same time period and the same purposes as the appro2 priation to which transferred: Provided further, That the 

3 transfer authority provided under this provision is in addi4 tion to any other transfer authority contained in this Act. 

5 (INCLUDING TRANSFER OF FUNDS)

6 SEC. 8083. Of the amounts appropriated in this Act 

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

8 $557,849,000 shall be available until September 30, 2007, 

9 to fund prior year shipbuilding cost increases: Provided, 

10 That upon enactment of this Act, the Secretary of the Navy 

11 shall transfer such funds to the following appropriations in 

12 the amounts specified: Provided further, That the amounts 

13 transferred shall be merged with and be available for the 

14 same purposes as the appropriations to which transferred: 

15 To: 

16 Under the heading ‘‘Shipbuilding and Con17 version, Navy, 1999/2007’’: 

18 New SSN, $25,000,000; 

19 Under the heading ‘‘Shipbuilding and Con20 version, Navy, 2000/2007’’: 

21 LPD–17 Amphibious Transport Dock 

22 Ship Program, $66,049,000; 

23 Under the heading ‘‘Shipbuilding and Con24 version, Navy, 2001/2007’’: 

25 New SSN, $41,000,000; 
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1 Carrier Replacement Program, 

2 $338,400,000; 

3 Under the heading ‘‘Shipbuilding and Con4 version, Navy, 2002/2007’’: 

5 New SSN, $43,000,000; 

6 Under the heading ‘‘Shipbuilding and Con7 version, Navy, 2003/2007’’: 

8 New SSN, $22,000,000; and 

9 Under the heading ‘‘Shipbuilding and Con10 version, Navy, 2005/2009’’: 

11 LPD–17 Amphibious Transport Dock 

12 Ship Program, $22,400,000. 

13 SEC. 8084. The Secretary of the Navy may settle, or 

14 compromise, and pay any and all admiralty claims under 

15 section 7622 of title 10, United States Code arising out of 

16 the collision involving the U.S.S. GREENEVILLE and the 

17 EHIME MARU, in any amount and without regard to the 

18 monetary limitations in subsections (a) and (b) of that sec19 tion: Provided, That such payments shall be made from 

20 funds available to the Department of the Navy for operation 

21 and maintenance. 

22 SEC. 8085. Notwithstanding any other provision of 

23 law or regulation, the Secretary of Defense may exercise the 

24 provisions of section 7403(g) of title 38, United States Code 
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1 for occupations listed in section 7403(a)(2) of title 38, 

2 United States Code as well as the following: 

3 Pharmacists, Audiologists, and Dental Hygien4 ists. 

5 (A) The requirements of section 

6 7403(g)(1)(A) of title 38, United States Code 

7 shall apply. 

8 (B) The limitations of section 7403(g)(1)(B) 

9 of title 38, United States Code shall not apply. 

10 SEC. 8086. Funds appropriated by this Act, or made 

11 available by the transfer of funds in this Act, for intelligence 

12 activities are deemed to be specifically authorized by the 

13 Congress for purposes of section 504 of the National Secu14 rity Act of 1947 (50 U.S.C. 414) during fiscal year 2007 

15 until the enactment of the Intelligence Authorization Act 

16 for fiscal year 2007. 

17 SEC. 8087. None of the funds in this Act may be used 

18 to initiate a new start program without prior written noti19 fication to the Office of Secretary of Defense and the con20 gressional defense committees. 

21 SEC. 8088. FINANCING AND FIELDING OF KEY ARMY

22 CAPABILITIES.—The Department of Defense and the De23 partment of the Army shall make future budgetary and pro24 gramming plans to fully finance the Non-Line of Sight Fu25 ture Force cannon and resupply vehicle program (NLOS– 
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1 C) in order to field this system in fiscal year 2010, con2 sistent with the broader plan to field the Future Combat 

3 System (FCS) in fiscal year 2010: Provided, That if the 

4 Army is precluded from fielding the FCS program by fiscal 

5 year 2010, then the Army shall develop the NLOS–C inde6 pendent of the broader FCS development timeline to achieve 

7 fielding by fiscal year 2010. In addition the Army will de8 liver eight (8) combat operational pre-production NLOS– 

9 C systems by the end of calendar year 2008. These systems 

10 shall be in addition to those systems necessary for develop11 mental and operational testing: Provided further, That the 

12 Army shall ensure that budgetary and programmatic plans 

13 will provide for no fewer than seven (7) Stryker Brigade 

14 Combat Teams. 

15 SEC. 8089. Up to $2,000,000 of the funds appropriated 

16 under the heading ‘‘Operation and Maintenance, Navy’’ in 

17 this Act for the Pacific Missile Range Facility may be made 

18 available to contract for the repair, maintenance, and oper19 ation of adjacent off-base water, drainage, and flood control 

20 systems, electrical upgrade to support additional missions 

21 critical to base operations, and support for a range foot22 print expansion to further guard against encroachment. 

23 SEC. 8090. The budget of the President for fiscal year 

24 2008 submitted to the Congress pursuant to section 1105 

25 of title 31, United States Code shall include separate budget 
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1 justification documents for costs of United States Armed 

2 Forces’ participation in contingency operations for the 

3 Military Personnel accounts, the Operation and Mainte4 nance accounts, and the Procurement accounts: Provided, 

5 That these documents shall include a description of the 

6 funding requested for each contingency operation, for each 

7 military service, to include all Active and Reserve compo8 nents, and for each appropriations account: Provided fur9 ther, That these documents shall include estimated costs for 

10 each element of expense or object class, a reconciliation of 

11 increases and decreases for each contingency operation, and 

12 programmatic data including, but not limited to, troop 

13 strength for each Active and Reserve component, and esti14 mates of the major weapons systems deployed in support 

15 of each contingency: Provided further, That these documents 

16 shall include budget exhibits OP–5 and OP–32 (as defined 

17 in the Department of Defense Financial Management Regu18 lation) for all contingency operations for the budget year 

19 and the two preceding fiscal years. 

20 SEC. 8091. None of the funds in this Act may be used 

21 for research, development, test, evaluation, procurement or 

22 deployment of nuclear armed interceptors of a missile de23 fense system. 

24 SEC. 8092. Of the amounts provided in title II of this 

25 Act under the heading ‘‘Operation and Maintenance, De-
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1 fense-Wide’’, $20,000,000 is available for the Regional De2 fense Counter-terrorism Fellowship Program, to fund the 

3 education and training of foreign military officers, min4 istry of defense civilians, and other foreign security offi5 cials, to include United States military officers and civilian 

6 officials whose participation directly contributes to the edu7 cation and training of these foreign students. 

8 SEC. 8093. None of the funds appropriated or made 

9 available in this Act shall be used to reduce or disestablish 

10 the operation of the 53rd Weather Reconnaissance Squad11 ron of the Air Force Reserve, if such action would reduce 

12 the WC–130 Weather Reconnaissance mission below the lev13 els funded in this Act: Provided, That the Air Force shall 

14 allow the 53rd Weather Reconnaissance Squadron to per15 form other missions in support of national defense require16 ments during the non-hurricane season. 

17 SEC. 8094. None of the funds provided in this Act shall 

18 be available for integration of foreign intelligence informa19 tion unless the information has been lawfully collected and 

20 processed during the conduct of authorized foreign intel21 ligence activities: Provided, That information pertaining to 

22 United States persons shall only be handled in accordance 

23 with protections provided in the Fourth Amendment of the 

24 United States Constitution as implemented through Execu25 tive Order No. 12333. 
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1 SEC. 8095. None of the funds available to the Depart2 ment of Defense may be obligated to modify command and 

3 control relationships to give Fleet Forces Command admin4 istrative and operational control of U.S. Navy forces as5 signed to the Pacific fleet: Provided, That the command and 

6 control relationships which existed on October 1, 2004, shall 

7 remain in force unless changes are specifically authorized 

8 in a subsequent Act. 

9 SEC. 8096. (a) At the time members of reserve compo10 nents of the Armed Forces are called or ordered to active 

11 duty under section 12302(a) of title 10, United States Code, 

12 each member shall be notified in writing of the expected 

13 period during which the member will be mobilized. 

14 (b) The Secretary of Defense may waive the require15 ments of subsection (a) in any case in which the Secretary 

16 determines that it is necessary to do so to respond to a na17 tional security emergency or to meet dire operational re18 quirements of the Armed Forces. 

19 (TRANSFER OF FUNDS)

20 SEC. 8097. The Secretary of Defense may transfer 

21 funds from any currently available Department of the Navy 

22 appropriation to any available Navy shipbuilding and con23 version appropriation for the purpose of funding ship24 building cost increases for any ship construction program, 

25 to be merged with and to be available for the same purposes 

26 and for the same time period as the appropriation to which 
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1 transferred: Provided, That all transfers under this section 

2 shall be subject to the notification requirements applicable 

3 to transfers under section 8005 of this Act. 

4 SEC. 8098. (a) The total amount appropriated or oth5 erwise made available in title II of this Act is hereby re6 duced by $85,000,000 to limit excessive growth in the travel 

7 and transportation of persons. 

8 (b) The Secretary of Defense shall allocate this reduc9 tion proportionately to each budget activity, activity group, 

10 subactivity group, and each program, project, and activity 

11 within each applicable appropriation account. 

12 SEC. 8099. In addition to funds made available else13 where in this Act, $5,500,000 is hereby appropriated and 

14 shall remain available until expended to provide assistance, 

15 by grant or otherwise (such as, but not limited to, the provi16 sion of funds for repairs, maintenance, construction, and/ 

17 or for the purchase of information technology, text books, 

18 teaching resources), to public schools that have unusually 

19 high concentrations of special needs military dependents en20 rolled: Provided, That in selecting school systems to receive 

21 such assistance, special consideration shall be given to 

22 school systems in States that are considered overseas assign23 ments, and all schools within these school systems shall be 

24 eligible for assistance: Provided further, That up to 2 per25 cent of the total appropriated funds under this section shall 
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1 be available to support the administration and execution 

2 of the funds or program and/or events that promote the pur3 pose of this appropriation (e.g. payment of travel and per 

4 diem of school teachers attending conferences or a meeting 

5 that promotes the purpose of this appropriation and/or con6 sultant fees for on-site training of teachers, staff, or Joint 

7 Venture Education Forum (JVEF) Committee members): 

8 Provided further, That up to $2,000,000 shall be available 

9 for the Department of Defense to establish a non-profit trust 

10 fund to assist in the public-private funding of public school 

11 repair and maintenance projects, or provide directly to 

12 non-profit organizations who in return will use these mon13 ies to provide assistance in the form of repair, maintenance, 

14 or renovation to public school systems that have high con15 centrations of special needs military dependents and are lo16 cated in States that are considered overseas assignments: 

17 Provided further, That to the extent a Federal agency pro18 vides this assistance, by contract, grant, or otherwise, it 

19 may accept and expend non-Federal funds in combination 

20 with these Federal funds to provide assistance for the au21 thorized purpose, if the non-Federal entity requests such as22 sistance and the non-Federal funds are provided on a reim23 bursable basis. 

24 SEC. 8100. The Secretary of the Air Force is author25 ized, using funds available under the heading ‘‘Operation 
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1 and Maintenance, Air Force’’, to complete a phased repair 

2 project, which repairs may include upgrades and additions, 

3 to the infrastructure of the operational ranges managed by 

4 the Air Force in Alaska: Provided, That the total cost of 

5 such phased projects shall not exceed $50,000,000. 

6 SEC. 8101. For purposes of section 612 of title 41, 

7 United States Code, any subdivision of appropriations 

8 made under the heading ‘‘Shipbuilding and Conversion, 

9 Navy’’ that is not closed at the time reimbursement is made 

10 shall be available to reimburse the Judgment Fund and 

11 shall be considered for the same purposes as any subdivision 

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

13 appropriations in the current fiscal year or any prior fiscal 

14 year. 

15 SEC. 8102. (a) None of the funds appropriated by this 

16 Act may be used to transfer research and development, ac17 quisition, or other program authority relating to current 

18 tactical unmanned aerial vehicles (TUAVs) from the Army. 

19 (b) The Army shall retain responsibility for and oper20 ational control of the Extended Range Multi-Purpose 

21 (ERMP) Unmanned Aerial Vehicle (UAV) in order to sup22 port the Secretary of Defense in matters relating to the em23 ployment of unmanned aerial vehicles. 

24 SEC. 8103. Of the funds provided in this Act, 

25 $10,000,000 shall be available for the operations and devel-
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1 opment of training and technology for the Joint Inter2 agency Training Center-East and the affiliated Center for 

3 National Response at the Memorial Tunnel and for pro4 viding homeland defense/security and traditional 

5 warfighting training to the Department of Defense, other 

6 Federal agency, and State and local first responder per7 sonnel at the Joint Interagency Training Center-East. 

8 SEC. 8104. The authority to conduct a cooperative pro9 gram in the proviso in title II of Public Law 102–368 

10 under the heading ‘‘Research, Development, Test and Eval11 uation, Defense Agencies’’ (106 Stat. 1121) shall be ex12 tended through September 30, 2008. 

13 SEC. 8105. Up to $10,000,000 of the funds appro14 priated under the heading, ‘‘Operation and Maintenance, 

15 Navy’’ may be made available for the Asia Pacific Regional 

16 Initiative Program for the purpose of enabling the Pacific 

17 Command to execute Theater Security Cooperation activi18 ties such as humanitarian assistance, and payment of in19 cremental and personnel costs of training and exercising 

20 with foreign security forces: Provided, That funds made 

21 available for this purpose may be used, notwithstanding 

22 any other funding authorities for humanitarian assistance, 

23 security assistance or combined exercise expenses: Provided 

24 further, That funds may not be obligated to provide assist25 ance to any foreign country that is otherwise prohibited 
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1 from receiving such type of assistance under any other pro2 vision of law. 

3 SEC. 8106. The Secretary of Defense may present pro4 motional materials, including a United States flag, to any 

5 member of an Active or Reserve component under the Sec6 retary’s jurisdiction who, as determined by the Secretary, 

7 participates in Operation Enduring Freedom or Operation 

8 Iraqi Freedom, along with other recognition items in con9 junction with any week-long national observation and day 

10 of national celebration, if established by Presidential proc11 lamation, for any such members returning from such oper12 ations. 

13 SEC. 8107. Notwithstanding any other provision of 

14 this Act, to reflect savings from revised economic assump15 tions the total amount appropriated in title II of this Act 

16 is hereby reduced by $520,300,000, the total amount appro17 priated in title III of this Act is hereby reduced by 

18 $331,600,000, the total amount appropriated in title IV of 

19 this Act is hereby reduced by $317,000,000, the total 

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

21 by $9,700,000, and the total amount appropriated in title 

22 VI of this Act is hereby reduced by $93,700,000: Provided, 

23 That the Secretary of Defense shall allocate this reduction 

24 proportionally to each budget activity, activity group, sub-
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1 activity group, and each program, project, and activity, 

2 within each appropriation account. 

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

4 REPORT ON BOMBER FORCE STRUCTURE.—No funds ap5 propriated for the Department of Defense may be obligated 

6 or expended for retiring or dismantling any of the 93 B– 

7 52H bomber aircraft in service in the Air Force as of June 

8 1, 2006, until 30 days after the Secretary of the Air Force 

9 transmits to the congressional defense committees a report 

10 on the bomber force structure of the Air Force meeting the 

11 requirements of subsection (b). 

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

13 set forth the following: 

14 (1) The plan of the Air Force for the moderniza15 tion of the B–52H bomber aircraft fleet. 

16 (2) The plans of the Air Force for the moderniza17 tion of the balance of the bomber force structure. 

18 (3) The amount and type of bombers in the 

19 bomber force structure that is appropriate to meet the 

20 requirements of the national security strategy of the 

21 United States. 

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

23 projected savings of any reductions to the B–52H 

24 bomber fleet as a result of the retirement or dis-
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1 mantlement of the B–52H bomber aircraft covered by 

2 the report. 

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

4 each of the bomber aircraft in the Air Force inventory 

5 under the Aircraft Structural Integrity Program, any 

6 flight restrictions against each of the bomber aircraft 

7 in the Air Force inventory, and an analysis of any 

8 funding required for modifications designed to correct 

9 a problem that threatens grounding all or a portion 

10 of that aircraft fleet. 

11 (6) The date by which any new bomber aircraft 

12 must reach initial operational capability and the ca13 pabilities of the bomber force structure that would be 

14 replaced or superseded by any new bomber aircraft. 

15 (7) An assessment of the likelihood that the devel16 opment of a new bomber aircraft will meet the cur17 rent schedule of reaching initial operational capa18 bility by 2018. 

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

20 of retiring a substantial portion of our bomber fleet, 

21 including a consideration of the additional risk if the 

22 development of a new bomber aircraft does not meet 

23 the current schedule of reaching initial operational 

24 capability by 2018. 
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1 (c) PREPARATION OF REPORT.—A report under this 

2 section shall be prepared and submitted by the Institute of 

3 Defense Analysis to the Secretary of the Air Force for trans4 mittal by the Secretary in accordance with subsection (a). 

5 (d) FORM.—The report under subsection (a) shall be 

6 in unclassified form, but may include a classified annex. 

7 TITLE IX 

8 ADDITIONAL APPROPRIATIONS 

9 CHAPTER 1 

10 MILITARY PERSONNEL 

11 MILITARY PERSONNEL, ARMY

12 For an additional amount for ‘‘Military Personnel, 

13 Army’’, $5,054,502,000. 

14 MILITARY PERSONNEL, NAVY

15 For an additional amount for ‘‘Military Personnel, 

16 Navy’’, $114,500,000. 

17 MILITARY PERSONNEL, MARINE CORPS

18 For an additional amount for ‘‘Military Personnel, 

19 Marine Corps’’, $142,320,000. 

20 MILITARY PERSONNEL, AIR FORCE

21 For an additional amount for ‘‘Military Personnel, 

22 Air Force’’, $129,000,000. 

23 RESERVE PERSONNEL, ARMY

24 For an additional amount for ‘‘Reserve Personnel, 

25 Army’’, $90,910,000. 
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1 RESERVE PERSONNEL, MARINE CORPS

2 For an additional amount for ‘‘Reserve Personnel, Ma3 rine Corps’’, $15,420,000. 

4 NATIONAL GUARD PERSONNEL, ARMY

5 For an additional amount for ‘‘National Guard Per6 sonnel, Army’’, $214,100,000. 

7 CHAPTER 2 

8 OPERATION AND MAINTENANCE 

9 OPERATION AND MAINTENANCE, ARMY

10 For an additional amount for ‘‘Operation and Mainte11 nance, Army’’, $24,037,232,000. 

12 OPERATION AND MAINTENANCE, NAVY

13 (INCLUDING TRANSFER OF FUNDS)

14 For an additional amount for ‘‘Operation and Mainte15 nance, Navy’’, $1,284,172,000: Provided, That up to 

16 $90,000,000 shall be transferred to the Coast Guard ‘‘Oper17 ating Expenses’’ account. 

18 OPERATION AND MAINTENANCE, MARINE CORPS

19 For an additional amount for ‘‘Operation and Mainte20 nance, Marine Corps’’, $1,809,466,000. 

21 OPERATION AND MAINTENANCE, AIR FORCE

22 For an additional amount for ‘‘Operation and Mainte23 nance, Air Force’’, $1,940,553,000. 
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1 OPERATION AND MAINTENANCE, DEFENSE-WIDE

2 For an additional amount for ‘‘Operation and Mainte3 nance, Defense-Wide’’, $2,383,189,000 of which up to 

4 $760,000,000, to remain available until expended, may be 

5 used for payments to reimburse Pakistan, Jordan, and 

6 other key cooperating nations, for logistical, military, and 

7 other support provided, or to be provided, to United States 

8 military operations, notwithstanding any other provision 

9 of law: Provided, That such payments may be made in such 

10 amounts as the Secretary of Defense, with the concurrence 

11 of the Secretary of State, and in consultation with the Di12 rector of the Office of Management and Budget, may deter13 mine, in his discretion, based on documentation determined 

14 by the Secretary of Defense to adequately account for the 

15 support provided, and such determination is final and con16 clusive upon the accounting officers of the United States, 

17 and 15 days following notification to the appropriate con18 gressional committees: Provided further, That the Secretary 

19 of Defense shall provide quarterly reports to the congres20 sional defense committees on the use of funds provided in 

21 this paragraph. 

22 OPERATION AND MAINTENANCE, ARMY RESERVE

23 For an additional amount for ‘‘Operation and Mainte24 nance, Army Reserve’’, $211,600,000. 
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1 OPERATION AND MAINTENANCE, NAVY RESERVE

2 For an additional amount for ‘‘Operation and Mainte3 nance, Navy Reserve’’, $8,036,000. 

4 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

5 For an additional amount for ‘‘Operation and Mainte6 nance, Air Force Reserve’’, $65,000,000. 

7 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

8 For an additional amount for ‘‘Operation and Mainte9 nance, Army National Guard’’, $204,000,000. 

10 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

11 For an additional amount for ‘‘Operation and Mainte12 nance, Air National Guard’’, $200,000,000. 

13 IRAQ FREEDOM FUND

14 (INCLUDING TRANSFER OF FUNDS)

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

16 $50,000,000, to remain available for transfer until Sep17 tember 30, 2008, only to support operations in Iraq or Af18 ghanistan: Provided, That the Secretary of Defense may 

19 transfer the funds provided herein to appropriations for 

20 military personnel; operation and maintenance; Overseas 

21 Humanitarian, Disaster, and Civic Aid; procurement; re22 search, development, test and evaluation; and working cap23 ital funds: Provided further, That funds transferred shall 

24 be merged with and be available for the same purposes and 

25 for the same time period as the appropriation or fund to 
222 

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1 which transferred: Provided further, That this transfer au2 thority is in addition to any other transfer authority avail3 able to the Department of Defense: Provided further, That 

4 upon a determination that all or part of the funds trans5 ferred from this appropriation are not necessary for the 

6 purposes provided herein, such amounts may be transferred 

7 back to this appropriation: Provided further, That the Sec8 retary of Defense shall, not fewer than 5 days prior to mak9 ing transfers from this appropriation, notify the congres10 sional defense committees in writing of the details of any 

11 such transfer: Provided further, That the Secretary shall 

12 submit a report no later than 30 days after the end of each 

13 fiscal quarter to the congressional defense committees sum14 marizing the details of the transfer of funds from this ap15 propriation. 

16 AFGHANISTAN SECURITY FORCES FUND

17 (INCLUDING TRANSFER OF FUNDS)

18 For the ‘‘Afghanistan Security Forces Fund’’, 

19 $1,200,000,000, to remain available until September 30, 

20 2008: Provided, That such funds shall be available to the 

21 Secretary of Defense, notwithstanding any other provision 

22 of law, for the purpose of allowing the Commander, Office 

23 of Security Cooperation—Afghanistan, or the Secretary’s 

24 designee, to provide assistance, with the concurrence of the 

25 Secretary of State, to the security forces of Afghanistan, in-
223 

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1 cluding the provision of equipment, supplies, services, 

2 training, facility and infrastructure repair, renovation, 

3 and construction, and funding: Provided further, That the 

4 authority to provide assistance under this heading is in ad5 dition to any other authority to provide assistance to for6 eign nations: Provided further, That the Secretary of De7 fense may transfer such funds to appropriations for mili8 tary personnel; operation and maintenance; Overseas Hu9 manitarian, Disaster, and Civic Aid; procurement; re10 search, development, test and evaluation; and defense work11 ing capital funds to accomplish the purposes provided here12 in: Provided further, That this transfer authority is in ad13 dition to any other transfer authority available to the De14 partment of Defense: Provided further, That upon a deter15 mination that all or part of the funds so transferred from 

16 this appropriation are not necessary for the purposes pro17 vided herein, such amounts may be transferred back to this 

18 appropriation: Provided further, That contributions of 

19 funds for the purposes provided herein from any person, 

20 foreign government, or international organization may be 

21 credited to this Fund, and used for such purposes: Provided 

22 further, That the Secretary shall notify the congressional 

23 defense committees in writing upon the receipt and upon 

24 the transfer of any contribution delineating the sources and 

25 amounts of the funds received and the specific use of such 
224 

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1 contributions: Provided further, That the Secretary of De2 fense shall, not fewer than five days prior to making trans3 fers from this appropriation account, notify the congres4 sional defense committees in writing of the details of any 

5 such transfer: Provided further, That the Secretary shall 

6 submit a report no later than 30 days after the end of each 

7 fiscal quarter to the congressional defense committees sum8 marizing the details of the transfer of funds from this ap9 propriation. 

10 IRAQ SECURITY FORCES FUND

11 (INCLUDING TRANSFER OF FUNDS)

12 For the ‘‘Iraq Security Forces Fund’’, $1,400,000,000, 

13 to remain available until September 30, 2008: Provided, 

14 That such funds shall be available to the Secretary of De15 fense, notwithstanding any other provision of law, for the 

16 purpose of allowing the Commander, Multi-National Secu17 rity Transition Command—Iraq, or the Secretary’s des18 ignee, to provide assistance, with the concurrence of the Sec19 retary of State, to the security forces of Iraq, including the 

20 provision of equipment, supplies, services, training, facility 

21 and infrastructure repair, renovation, and construction, 

22 and funding: Provided further, That the authority to pro23 vide assistance under this heading is in addition to any 

24 other authority to provide assistance to foreign nations: 

25 Provided further, That the Secretary of Defense may trans-
225 

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1 fer such funds to appropriations for military personnel; op2 eration and maintenance; Overseas Humanitarian, Dis3 aster, and Civic Aid; procurement; research, development, 

4 test and evaluation; and defense working capital funds to 

5 accomplish the purposes provided herein: Provided further, 

6 That this transfer authority is in addition to any other 

7 transfer authority available to the Department of Defense: 

8 Provided further, That upon a determination that all or 

9 part of the funds so transferred from this appropriation are 

10 not necessary for the purposes provided herein, such 

11 amounts may be transferred back to this appropriation: 

12 Provided further, That contributions of funds for the pur13 poses provided herein from any person, foreign government, 

14 or international organization may be credited to this Fund, 

15 and used for such purposes: Provided further, That the Sec16 retary shall notify the congressional defense committees in 

17 writing upon the receipt and upon the transfer of any con18 tribution delineating the sources and amounts of the funds 

19 received and the specific use of such contributions: Provided 

20 further, That the Secretary of Defense shall, not fewer than 

21 five days prior to making transfers from this appropriation 

22 account, notify the congressional defense committees in 

23 writing of the details of any such transfer: Provided further, 

24 That the Secretary shall submit a report no later than 30 

25 days after the end of each fiscal quarter to the congressional 
226 

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1 defense committees summarizing the details of the transfer 

2 of funds from this appropriation. 

3 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

4 (INCLUDING TRANSFER OF FUNDS)

5 For the ‘‘Joint Improvised Explosive Device Defeat 

6 Fund’’, $1,500,000,000, to remain available until Sep7 tember 30, 2009: Provided, That such funds shall be avail8 able to the Secretary of Defense, notwithstanding any other 

9 provision of law, for the purpose of allowing the Director 

10 of the Joint Improvised Explosive Device Defeat Organiza11 tion to investigate, develop and provide equipment, sup12 plies, services, training, facilities, personnel and funds to 

13 assist United States forces in the defeat of improvised explo14 sive devices: Provided further, That within 60 days of the 

15 enactment of this Act, a plan for the intended management 

16 and use of the Fund is provided to the congressional defense 

17 committees: Provided further, That the Secretary of Defense 

18 shall submit a report not later than 30 days after the end 

19 of each fiscal quarter to the congressional defense commit20 tees providing assessments of the evolving threats, indi21 vidual service requirements to counter the threats, the cur22 rent strategy for predeployment training of members of the 

23 Armed Forces on improvised explosive devices, and details 

24 on the execution of this Fund: Provided further, That the 

25 Secretary of Defense may transfer funds provided herein to 
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1 appropriations for military personnel; operation and main2 tenance; procurement; research, development, test and eval3 uation; and defense working capital funds to accomplish the 

4 purpose provided herein: Provided further, That this trans5 fer authority is in addition to any other transfer authority 

6 available to the Department of Defense: Provided further, 

7 That upon determination that all or part of the funds so 

8 transferred from this appropriation are not necessary for 

9 the purpose provided herein, such amounts may be trans10 ferred back to this appropriation: Provided further, That 

11 the Secretary of Defense shall, not fewer than 5 days prior 

12 to making transfers from this appropriation, notify the con13 gressional defense committees in writing of the details of 

14 any such transfer. 

15 CHAPTER 3 

16 PROCUREMENT 

17 AIRCRAFT PROCUREMENT, ARMY

18 For an additional amount for ‘‘Aircraft Procurement, 

19 Army’’, $556,000,000, to remain available until September 

20 30, 2009. 

21 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

22 VEHICLES, ARMY

23 For an additional amount for ‘‘Procurement of Weap24 ons and Tracked Combat Vehicles, Army’’, $1,048,280,000, 

25 to remain available until September 30, 2009. 
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1 OTHER PROCUREMENT, ARMY

2 For an additional amount for ‘‘Other Procurement, 

3 Army’’, $1,817,527,000, to remain available until Sep4 tember 30, 2009. 

5 AIRCRAFT PROCUREMENT, NAVY

6 For an additional amount for ‘‘Aircraft Procurement, 

7 Navy’’, $153,700,000, to remain available until September 

8 30, 2009. 

9 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

10 CORPS

11 For an additional amount for ‘‘Procurement of Am12 munition, Navy and Marine Corps’’, $99,930,000, to re13 main available until September 30, 2009. 

14 OTHER PROCUREMENT, NAVY

15 For an additional amount for ‘‘Other Procurement, 

16 Navy’’, $276,500,000, to remain available until September 

17 30, 2009. 

18 PROCUREMENT, MARINE CORPS

19 For an additional amount for ‘‘Procurement, Marine 

20 Corps’’, $1,281,068,000, to remain available until Sep21 tember 30, 2009. 

22 AIRCRAFT PROCUREMENT, AIR FORCE

23 For an additional amount for ‘‘Aircraft Procurement, 

24 Air Force’’, $720,100,000, to remain available until Sep25 tember 30, 2009. 
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1 MISSILE PROCUREMENT, AIR FORCE

2 For an additional amount for ‘‘Missile Procurement, 

3 Air Force’’, $25,400,000, to remain available until Sep4 tember 30, 2009. 

5 OTHER PROCUREMENT, AIR FORCE

6 For an additional amount for ‘‘Other Procurement, 

7 Air Force’’, $1,220,293,000, to remain available until Sep8 tember 30, 2009. 

9 PROCUREMENT, DEFENSE-WIDE

10 For an additional amount for ‘‘Procurement, Defense11 Wide’’, $56,255,000, to remain available until September 

12 30, 2009. 

13 CHAPTER 4 

14 RESEARCH, DEVELOPMENT, TEST AND 

15 EVALUATION 

16 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

17 For an additional amount for ‘‘Research, Develop18 ment, Test and Evaluation, Navy’’, $110,000,000, to re19 main available until September 30, 2008. 

20 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR

21 FORCE

22 For an additional amount for ‘‘Research, Develop23 ment, Test and Evaluation, Air Force’’, $33,064,000, to re24 main available until September 30, 2008. 
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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

2 DEFENSE-WIDE

3 For an additional amount for ‘‘Research, Develop4 ment, Test and Evaluation, Defense-Wide’’, $155,144,000, 

5 to remain available until September 30, 2008. 

6 CHAPTER 5 

7 REVOLVING AND MANAGEMENT FUNDS 

8 DEFENSE WORKING CAPITAL FUNDS

9 For an additional amount for ‘‘Defense Working Cap10 ital Funds’’, $373,474,000. 

11 CHAPTER 6 

12 RELATED AGENCIES 

13 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

14 For an additional amount for ‘‘Intelligence Commu15 nity Management Account’’, $19,265,000, to remain avail16 able until September 30, 2008. 

17 GENERAL PROVISIONS, THIS TITLE 

18 SEC. 9001. Appropriations provided in this title are 

19 available for obligation until September 30, 2007, unless 

20 otherwise so provided in this title. 

21 SEC. 9002. Notwithstanding any other provision of 

22 law or of this Act, funds made available in this title are 

23 in addition to amounts provided elsewhere in this Act. 

24 (TRANSFER OF FUNDS)

25 SEC. 9003. Upon his determination that such action 

26 is necessary in the national interest, the Secretary of De-
231 

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1 fense may transfer between appropriations up to 

2 $2,500,000,000 of the funds made available to the Depart3 ment of Defense in this title: Provided, That the Secretary 

4 shall notify the Congress promptly of each transfer made 

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

6 That the authority provided in this section is in addition 

7 to any other transfer authority available to the Department 

8 of Defense and is subject to the same terms and conditions 

9 as the authority provided in section 8005 of this Act. 

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

11 available by the transfer of funds in or pursuant to this 

12 title, for intelligence activities are deemed to be specifically 

13 authorized by the Congress for purposes of section 504 of 

14 the National Security Act of 1947 (50 U.S.C. 414). 

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

16 be used to finance programs or activities denied by Congress 

17 in fiscal years 2006 or 2007 appropriations to the Depart18 ment of Defense or to initiate a procurement or research, 

19 development, test and evaluation new start program with20 out prior written notification to the congressional defense 

21 committees. 

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

23 to the Department of Defense, not to exceed $500,000,000 

24 may be used, notwithstanding any other provision of law, 

25 to fund the Commander’s Emergency Response Program, 
232 

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1 for the purpose of enabling military commanders in Iraq 

2 to respond to urgent humanitarian relief and reconstruction 

3 requirements within their areas of responsibility by car4 rying out programs that will immediately assist the Iraqi 

5 people, and to fund a similar program to assist the people 

6 of Afghanistan. 

7 (b) QUARTERLY REPORTS.—Not later than 15 days 

8 after the end of each fiscal year quarter (beginning with 

9 the first quarter of fiscal year 2007), the Secretary of De10 fense shall submit to the congressional defense committees 

11 a report regarding the source of funds and the allocation 

12 and use of funds during that quarter that were made avail13 able pursuant to the authority provided in this section or 

14 under any other provision of law for the purposes of the 

15 programs under subsection (a). 

16 SEC. 9007. Amounts provided in this title for oper17 ations in Iraq and Afghanistan may be used by the Depart18 ment of Defense for the purchase of up to 20 heavy and 

19 light armored vehicles for force protection purposes, not20 withstanding price or other limitations specified elsewhere 

21 in this Act, or any other provision of law: Provided, That 

22 the Secretary of Defense shall submit a report in writing 

23 no later than 30 days after the end of each fiscal quarter 

24 notifying the congressional defense committees of any pur-
233 

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1 chase described in this section, including the cost, purposes, 

2 and quantities of vehicles purchased. 

3 SEC. 9008. During the current fiscal year, funds avail4 able to the Department of Defense for operation and mainte5 nance may be used, notwithstanding any other provision 

6 of law, to provide supplies, services, transportation, includ7 ing airlift and sealift, and other logistical support to coali8 tion forces supporting military and stability operations in 

9 Iraq and Afghanistan: Provided, That the Secretary of De10 fense shall provide quarterly reports to the congressional de11 fense committees regarding support provided under this sec12 tion. 

13 SEC. 9009. Supervision and administration costs asso14 ciated with a construction project funded with appropria15 tions available for operation and maintenance, and exe16 cuted in direct support of the Global War on Terrorism only 

17 in Iraq and Afghanistan, may be obligated at the time a 

18 construction contract is awarded: Provided, That for the 

19 purpose of this section, supervision and administration 

20 costs include all in-house Government costs. 

21 SEC. 9010. (a) Not later than 60 days after the date 

22 of the enactment of this Act and every 90 days thereafter 

23 through the end of fiscal year 2007, the Secretary of Defense 

24 shall set forth in a report to Congress a comprehensive set 
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1 of performance indicators and measures for progress toward 

2 military and political stability in Iraq. 

3 (b) The report shall include performance standards 

4 and goals for security, economic, and security force training 

5 objectives in Iraq together with a notional timetable for 

6 achieving these goals. 

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

8 following: 

9 (1) With respect to stability and security in 

10 Iraq, the following: 

11 (A) Key measures of political stability, in12 cluding the important political milestones that 

13 must be achieved over the next several years. 

14 (B) The primary indicators of a stable secu15 rity environment in Iraq, such as number of en16 gagements per day, numbers of trained Iraqi 

17 forces, and trends relating to numbers and types 

18 of ethnic and religious-based hostile encounters. 

19 (C) An assessment of the estimated strength 

20 of the insurgency in Iraq and the extent to which 

21 it is composed of non-Iraqi fighters. 

22 (D) A description of all militias operating 

23 in Iraq, including the number, size, equipment 

24 strength, military effectiveness, sources of sup-
235 

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1 port, legal status, and efforts to disarm or re2 integrate each militia. 

3 (E) Key indicators of economic activity that 

4 should be considered the most important for de5 termining the prospects of stability in Iraq, in6 cluding— 

7 (i) unemployment levels; 

8 (ii) electricity, water, and oil produc9 tion rates; and 

10 (iii) hunger and poverty levels. 

11 (F) The criteria the Administration will use 

12 to determine when it is safe to begin with13 drawing United States forces from Iraq. 

14 (2) With respect to the training and performance 

15 of security forces in Iraq, the following: 

16 (A) The training provided Iraqi military 

17 and other Ministry of Defense forces and the 

18 equipment used by such forces. 

19 (B) Key criteria for assessing the capabili20 ties and readiness of the Iraqi military and 

21 other Ministry of Defense forces, goals for achiev22 ing certain capability and readiness levels (as 

23 well as for recruiting, training, and equipping 

24 these forces), and the milestones and notional 

25 timetable for achieving these goals. 
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1 (C) The operational readiness status of the 

2 Iraqi military forces, including the type, num3 ber, size, and organizational structure of Iraqi 

4 battalions that are— 

5 (i) capable of conducting 

6 counterinsurgency operations independ7 ently; 

8 (ii) capable of conducting 

9 counterinsurgency operations with the sup10 port of United States or coalition forces; or 

11 (iii) not ready to conduct 

12 counterinsurgency operations. 

13 (D) The rates of absenteeism in the Iraqi 

14 military forces and the extent to which insur15 gents have infiltrated such forces. 

16 (E) The training provided Iraqi police and 

17 other Ministry of Interior forces and the equip18 ment used by such forces. 

19 (F) Key criteria for assessing the capabili20 ties and readiness of the Iraqi police and other 

21 Ministry of Interior forces, goals for achieving 

22 certain capability and readiness levels (as well 

23 as for recruiting, training, and equipping), and 

24 the milestones and notional timetable for achiev25 ing these goals, including— 
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1 (i) the number of police recruits that 

2 have received classroom training and the 

3 duration of such instruction; 

4 (ii) the number of veteran police offi5 cers who have received classroom instruction 

6 and the duration of such instruction; 

7 (iii) the number of police candidates 

8 screened by the Iraqi Police Screening Serv9 ice, the number of candidates derived from 

10 other entry procedures, and the success rates 

11 of those groups of candidates; 

12 (iv) the number of Iraqi police forces 

13 who have received field training by inter14 national police trainers and the duration of 

15 such instruction; and 

16 (v) attrition rates and measures of ab17 senteeism and infiltration by insurgents. 

18 (G) The estimated total number of Iraqi 

19 battalions needed for the Iraqi security forces to 

20 perform duties now being undertaken by coali21 tion forces, including defending the borders of 

22 Iraq and providing adequate levels of law and 

23 order throughout Iraq. 
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1 (H) The effectiveness of the Iraqi military 

2 and police officer cadres and the chain of com3 mand. 

4 (I) The number of United States and coali5 tion advisors needed to support the Iraqi secu6 rity forces and associated ministries. 

7 (J) An assessment, in a classified annex if 

8 necessary, of United States military require9 ments, including planned force rotations, 

10 through the end of calendar year 2007. 

11 SEC. 9011. Amounts provided in chapters 1 and 2 of 

12 this title are designated as making appropriations for con13 tingency operations directly related to the global war on 

14 terrorism, and other unanticipated defense-related oper15 ations, pursuant to section 402 of H. Con. Res. 376 (109th 

16 Congress), as made applicable to the House of Representa17 tives by H. Res. 818 (109th Congress) and are designated 

18 as an emergency requirement pursuant to section 402 of 

19 S. Con. Res. 83 (109th Congress), the concurrent resolution 

20 on the budget for fiscal year 2007, as made applicable in 

21 the Senate by section 7035 of Public Law 109–234: Pro22 vided, That the amounts provided in chapters 3, 4, 5, and 

23 6 of this title are available immediately upon enactment 

24 of this Act. 
239 

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1 This Act may be cited as the ‘‘Department of Defense 

2 Appropriations Act, 2007’’. 
Calendar No. 532 

109TH CONGRESS 

2D SESSION H.R. 5631 

[Report No. 109–292] 

AN ACT 

Making appropriations for the Department of De2007, and for other purposes. fense for the fiscal year ending September 30, 

JUNE 21, 2006 

Received; read twice and referred to the Committee on 

J

Appropriations 

ULY 25, 2006 

Reported with an amendment