109TH CONGRESS 

2D SESSION H. R. 5631

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,
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1 That the following sums are appropriated, out of any 

2 money in the Treasury not otherwise appropriated, for the 

3 fiscal year ending September 30, 2007, for military func4 tions administered by the Department of Defense and for 

5 other purposes, namely:

6 TITLE I 

7 MILITARY PERSONNEL 

8 MILITARY PERSONNEL, ARMY

9 For pay, allowances, individual clothing, subsistence, 

10 interest on deposits, gratuities, permanent change of sta11 tion travel (including all expenses thereof for organiza12 tional movements), and expenses of temporary duty travel 

13 between permanent duty stations, for members of the 

14 Army on active duty, (except members of reserve compo15 nents provided for elsewhere), cadets, and aviation cadets; 

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

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

18 377, as amended (42 U.S.C. 402 note), and to the Depart19 ment of Defense Military Retirement Fund, 

20 $25,259,649,000. 

21 MILITARY PERSONNEL, NAVY

22 For pay, allowances, individual clothing, subsistence, 

23 interest on deposits, gratuities, permanent change of sta24 tion travel (including all expenses thereof for organiza25 tional movements), and expenses of temporary duty travel 
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1 between permanent duty stations, for members of the 

2 Navy on active duty (except members of the Reserve pro3 vided for elsewhere), midshipmen, and aviation cadets; for 

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

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

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

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

8 MILITARY PERSONNEL, MARINE CORPS

9 For pay, allowances, individual clothing, subsistence, 

10 interest on deposits, gratuities, permanent change of sta11 tion travel (including all expenses thereof for organiza12 tional movements), and expenses of temporary duty travel 

13 between permanent duty stations, for members of the Ma14 rine Corps on active duty (except members of the Reserve 

15 provided for elsewhere); and for payments pursuant to sec16 tion 156 of Public Law 97–377, as amended (42 U.S.C. 

17 402 note), and to the Department of Defense Military Re18 tirement Fund, $7,932,749,000. 

19 MILITARY PERSONNEL, AIR FORCE

20 For pay, allowances, individual clothing, subsistence, 

21 interest on deposits, gratuities, permanent change of sta22 tion travel (including all expenses thereof for organiza23 tional movements), and expenses of temporary duty travel 

24 between permanent duty stations, for members of the Air 

25 Force on active duty (except members of reserve compo-
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1 nents provided for elsewhere), cadets, and aviation cadets; 

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

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

4 377, as amended (42 U.S.C. 402 note), and to the Depart5 ment of Defense Military Retirement Fund, 

6 $19,676,481,000. 

7 RESERVE PERSONNEL, ARMY

8 For pay, allowances, clothing, subsistence, gratuities, 

9 travel, and related expenses for personnel of the Army Re10 serve on active duty under sections 10211, 10302, and 

11 3038 of title 10, United States Code, or while serving on 

12 active duty under section 12301(d) of title 10, 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 reserve training, or while performing 

16 drills or equivalent duty or other duty, and expenses au17 thorized by section 16131 of title 10, United States Code; 

18 and for payments to the Department of Defense Military 

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

20 RESERVE PERSONNEL, NAVY

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

22 travel, and related expenses for personnel of the Navy Re23 serve on active duty under section 10211 of title 10, 

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

25 section 12301(d) of title 10, United States Code, in con-
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1 nection with performing duty specified in section12310(a) 

2 of title 10, United States Code, or while undergoing re3 serve training, or while performing drills or equivalent 

4 duty, and expenses authorized by section 16131 of title 

5 10, United States Code; and for payments to the Depart6 ment of Defense Military Retirement Fund, 

7 $1,485,548,000. 

8 RESERVE PERSONNEL, MARINE CORPS

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

10 travel, and related expenses for personnel of the Marine 

11 Corps Reserve on active duty under section 10211 of title 

12 10, United States Code, or while serving on active duty 

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

14 in connection with performing duty specified in section 

15 12310(a) of title 10, United States Code, or while under16 going reserve training, or while performing drills or equiv17 alent duty, and for members of the Marine Corps platoon 

18 leaders class, and expenses authorized by section 16131 

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

20 Department of Defense Military Retirement Fund, 

21 $498,556,000. 

22 RESERVE PERSONNEL, AIR FORCE

23 For pay, allowances, clothing, subsistence, gratuities, 

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

25 Reserve on active duty under sections 10211, 10305, and 
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1 8038 of title 10, United States Code, or while serving on 

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

3 States Code, in connection with performing duty specified 

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

5 while undergoing reserve training, or while performing 

6 drills or equivalent duty or other duty, and expenses au7 thorized by section 16131 of title 10, United States Code; 

8 and for payments to the Department of Defense Military 

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

10 NATIONAL GUARD PERSONNEL, ARMY

11 For pay, allowances, clothing, subsistence, gratuities, 

12 travel, and related expenses for personnel of the Army Na13 tional Guard while on duty under section 10211, 10302, 

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

15 States Code, or while serving on duty under section 

16 12301(d) of title 10 or section 502(f) of title 32, United 

17 States Code, in connection with performing duty specified 

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

19 while undergoing training, or while performing drills or 

20 equivalent duty or other duty, and expenses authorized by 

21 section 16131 of title 10, United States Code; and for pay22 ments to the Department of Defense Military Retirement 

23 Fund, $4,693,595,000. 
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1 NATIONAL GUARD PERSONNEL, AIR FORCE

2 For pay, allowances, clothing, subsistence, gratuities, 

3 travel, and related expenses for personnel of the Air Na4 tional Guard on duty under section 10211, 10305, or 

5 12402 of title 10 or section 708 of title 32, United States 

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

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

8 in connection with performing duty specified in section 

9 12310(a) of title 10, United States Code, or while under10 going training, or while performing drills or equivalent 

11 duty or other duty, and expenses authorized by section 

12 16131 of title 10, United States Code; and for payments 

13 to the Department of Defense Military Retirement Fund, 

14 $2,038,097,000. 

15 TITLE II 

16 OPERATION AND MAINTENANCE 

17 OPERATION AND MAINTENANCE, ARMY

18 For expenses, not otherwise provided for, necessary 

19 for the operation and maintenance of the Army, as author20 ized by law; and not to exceed $11,478,000 can be used 

21 for emergencies and extraordinary expenses, to be ex22 pended on the approval or authority of the Secretary of 

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

24 of necessity for confidential military purposes, 

25 $22,292,965,000: Provided, That of funds made available 
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1 under this heading, $2,499,000 shall be available for Fort 

2 Baker, in accordance with the terms and conditions as 

3 provided under the heading ‘‘Operation and Maintenance, 

4 Army’’, in Public Law 107–117. 

5 OPERATION AND MAINTENANCE, NAVY

6 For expenses, not otherwise provided for, necessary 

7 for the operation and maintenance of the Navy and the 

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

9 $6,129,000 can be used for emergencies and extraordinary 

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

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

12 on his certificate of necessity for confidential military pur13 poses, $29,853,676,000. 

14 OPERATION AND MAINTENANCE, MARINE CORPS

15 For expenses, not otherwise provided for, necessary 

16 for the operation and maintenance of the Marine Corps, 

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

18 OPERATION AND MAINTENANCE, AIR FORCE

19 For expenses, not otherwise provided for, necessary 

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

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

22 used for emergencies and extraordinary expenses, to be ex23 pended on the approval or authority of the Secretary of 

24 the Air Force, and payments may be made on his certifi-
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1 cate of necessity for confidential military purposes, 

2 $29,089,688,000. 

3 OPERATION AND MAINTENANCE, DEFENSE-WIDE

4 (INCLUDING TRANSFER OF FUNDS) 

5 For expenses, not otherwise provided for, necessary 

6 for the operation and maintenance of activities and agen7 cies of the Department of Defense (other than the military 

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

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

10 for the Combatant Commander Initiative Fund authorized 

11 under section 166a of title 10, United States Code: Pro12 vided further, That not to exceed $40,000,000 can be used 

13 for emergencies and extraordinary expenses, to be ex14 pended on the approval or authority of the Secretary of 

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

16 necessity for confidential military purposes: Provided fur17 ther, That of the funds made available under this heading, 

18 $6,300,000 is available for contractor support to coordi19 nate a wind test demonstration project on an Air Force 

20 installation using wind turbines manufactured in the 

21 United States that are new to the United States market 

22 and to execute the renewable energy purchasing plan: Pro23 vided further, That none of the funds appropriated or oth24 erwise made available by this Act may be used to plan 

25 or implement the consolidation of a budget or appropria-
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1 tions liaison office of the Office of the Secretary of De2 fense, the office of the Secretary of a military department, 

3 or the service headquarters of one of the Armed Forces 

4 into a legislative affairs or legislative liaison office: Pro5 vided further, That $4,000,000, to remain available until 

6 expended, is available only for expenses relating to certain 

7 classified activities, and may be transferred as necessary 

8 by the Secretary to operation and maintenance appropria9 tions or research, development, test and evaluation appro10 priations, to be merged with and to be available for the 

11 same time period as the appropriations to which trans12 ferred: Provided further, That any ceiling on the invest13 ment item unit cost of items that may be purchased with 

14 operation and maintenance funds shall not apply to the 

15 funds described in the preceding proviso: Provided further, 

16 That the transfer authority provided under this heading 

17 is in addition to any other transfer authority provided else18 where in this Act. 

19 OPERATION AND MAINTENANCE, ARMY RESERVE

20 For expenses, not otherwise provided for, necessary 

21 for the operation and maintenance, including training, or22 ganization, and administration, of the Army Reserve; re23 pair of facilities and equipment; hire of passenger motor 

24 vehicles; travel and transportation; care of the dead; re-
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1 cruiting; procurement of services, supplies, and equip2 ment; and communications, $2,064,512,000. 

3 OPERATION AND MAINTENANCE, NAVY RESERVE

4 For expenses, not otherwise provided for, necessary 

5 for the operation and maintenance, including training, or6 ganization, and administration, of the Navy Reserve; re7 pair of facilities and equipment; hire of passenger motor 

8 vehicles; travel and transportation; care of the dead; re9 cruiting; procurement of services, supplies, and equip10 ment; and communications, $1,223,628,000. 

11 OPERATION AND MAINTENANCE, MARINE CORPS

12 RESERVE

13 For expenses, not otherwise provided for, necessary 

14 for the operation and maintenance, including training, or15 ganization, and administration, of the Marine Corps Re16 serve; repair of facilities and equipment; hire of passenger 

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

18 recruiting; procurement of services, supplies, and equip19 ment; and communications, $202,732,000. 

20 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

21 For expenses, not otherwise provided for, necessary 

22 for the operation and maintenance, including training, or23 ganization, and administration, of the Air Force Reserve; 

24 repair of facilities and equipment; hire of passenger motor 

25 vehicles; travel and transportation; care of the dead; re-
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1 cruiting; procurement of services, supplies, and equip2 ment; and communications, $2,659,951,000. 

3 OPERATION AND MAINTENANCE, ARMY NATIONAL

4 GUARD

5 For expenses of training, organizing, and admin6 istering the Army National Guard, including medical and 

7 hospital treatment and related expenses in non-Federal 

8 hospitals; maintenance, operation, and repairs to struc9 tures and facilities; hire of passenger motor vehicles; per10 sonnel services in the National Guard Bureau; travel ex11 penses (other than mileage), as authorized by law for 

12 Army personnel on active duty, for Army National Guard 

13 division, regimental, and battalion commanders while in14 specting units in compliance with National Guard Bureau 

15 regulations when specifically authorized by the Chief, Na16 tional Guard Bureau; supplying and equipping the Army 

17 National Guard as authorized by law; and expenses of re18 pair, modification, maintenance, and issue of supplies and 

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

20 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

21 For expenses of training, organizing, and admin22 istering the Air National Guard, including medical and 

23 hospital treatment and related expenses in non-Federal 

24 hospitals; maintenance, operation, and repairs to struc25 tures and facilities; transportation of things, hire of pas-
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1 senger motor vehicles; supplying and equipping the Air 

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

3 modification, maintenance, and issue of supplies and 

4 equipment, including those furnished from stocks under 

5 the control of agencies of the Department of Defense; 

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

7 authorized by law for Air National Guard personnel on 

8 active Federal duty, for Air National Guard commanders 

9 while inspecting units in compliance with National Guard 

10 Bureau regulations when specifically authorized by the 

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

12 UNITED STATES COURT OF APPEALS FOR THE ARMED

13 FORCES

14 For salaries and expenses necessary for the United 

15 States Court of Appeals for the Armed Forces, 

16 $11,721,000, of which not to exceed $5,000 may be used 

17 for official representation purposes. 

18 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

19 For expenses relating to the Overseas Humanitarian, 

20 Disaster, and Civic Aid programs of the Department of 

21 Defense (consisting of the programs provided under sec22 tions 401, 402, 404, 2557, and 2561 of title 10, United 

23 States Code), $63,204,000, to remain available until Sep24 tember 30, 2008. 
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1 FORMER SOVIET UNION THREAT REDUCTION ACCOUNT

2 For assistance to the republics of the former Soviet 

3 Union, including assistance provided by contract or by 

4 grants, for facilitating the elimination and the safe and 

5 secure transportation and storage of nuclear, chemical and 

6 other weapons; for establishing programs to prevent the 

7 proliferation of weapons, weapons components, and weap8 on-related technology and expertise; for programs relating 

9 to the training and support of defense and military per10 sonnel for demilitarization and protection of weapons, 

11 weapons components and weapons technology and exper12 tise, and for defense and military contacts, $372,128,000, 

13 to remain available until September 30, 2009. 

14 TITLE III 

15 PROCUREMENT 

16 AIRCRAFT PROCUREMENT, ARMY

17 For construction, procurement, production, modifica18 tion, and modernization of aircraft, equipment, including 

19 ordnance, ground handling equipment, spare parts, and 

20 accessories therefor; specialized equipment and training 

21 devices; expansion of public and private plants, including 

22 the land necessary therefor, for the foregoing purposes, 

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

24 and construction prosecuted thereon prior to approval of 

25 title; and procurement and installation of equipment, ap-
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1 pliances, and machine tools in public and private plants; 

2 reserve plant and Government and contractor-owned 

3 equipment layaway; and other expenses necessary for the 

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

5 for obligation until September 30, 2009, of which 

6 $27,375,000 shall be available for the Army National 

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

8 the funds provided in this paragraph are available only 

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

10 evacuation Variant Blackhawk helicopter only for the 

11 Army Reserve. 

12 MISSILE PROCUREMENT, ARMY

13 For construction, procurement, production, modifica14 tion, and modernization of missiles, equipment, including 

15 ordnance, ground handling equipment, spare parts, and 

16 accessories therefor; specialized equipment and training 

17 devices; expansion of public and private plants, including 

18 the land necessary therefor, for the foregoing purposes, 

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

20 and construction prosecuted thereon prior to approval of 

21 title; and procurement and installation of equipment, ap22 pliances, and machine tools in public and private plants; 

23 reserve plant and Government and contractor-owned 

24 equipment layaway; and other expenses necessary for the 

25 foregoing purposes, $1,350,898,000, to remain available 
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1 for obligation until September 30, 2009, of which 

2 $110,000,000 shall be available for the Army National 

3 Guard and Army Reserve. 

4 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

5 VEHICLES, ARMY

6 For construction, procurement, production, and 

7 modification of weapons and tracked combat vehicles, 

8 equipment, including ordnance, spare parts, and acces9 sories therefor; specialized equipment and training devices; 

10 expansion of public and private plants, including the land 

11 necessary therefor, for the foregoing purposes, and such 

12 lands and interests therein, may be acquired, and con13 struction prosecuted thereon prior to approval of title; and 

14 procurement and installation of equipment, appliances, 

15 and machine tools in public and private plants; reserve 

16 plant and Government and contractor-owned equipment 

17 layaway; and other expenses necessary for the foregoing 

18 purposes, $2,047,804,000, to remain available for obliga19 tion until September 30, 2009, of which $218,481,000 

20 shall be available for the Army National Guard and Army 

21 Reserve. 

22 PROCUREMENT OF AMMUNITION, ARMY

23 For construction, procurement, production, and 

24 modification of ammunition, and accessories therefor; spe25 cialized equipment and training devices; expansion of pub-
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1 lic and private plants, including ammunition facilities, au2 thorized by section 2854 of title 10, United States Code, 

3 and the land necessary therefor, for the foregoing pur4 poses, and such lands and interests therein, may be ac5 quired, and construction prosecuted thereon prior to ap6 proval of title; and procurement and installation of equip7 ment, appliances, and machine tools in public and private 

8 plants; reserve plant and Government and contractor9 owned equipment layaway; and other expenses necessary 

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

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

12 $197,181,000 shall be available for the Army National 

13 Guard and Army Reserve. 

14 OTHER PROCUREMENT, ARMY

15 For construction, procurement, production, and 

16 modification of vehicles, including tactical, support, and 

17 non-tracked combat vehicles; the purchase of passenger 

18 motor vehicles for replacement only; communications and 

19 electronic equipment; other support equipment; spare 

20 parts, ordnance, and accessories therefor; specialized 

21 equipment and training devices; expansion of public and 

22 private plants, including the land necessary therefor, for 

23 the foregoing purposes, and such lands and interests 

24 therein, may be acquired, and construction prosecuted 

25 thereon prior to approval of title; and procurement and 
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1 installation of equipment, appliances, and machine tools 

2 in public and private plants; reserve plant and Govern3 ment and contractor-owned equipment layaway; and other 

4 expenses necessary for the foregoing purposes, 

5 $7,005,338,000, to remain available for obligation until 

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

7 available for the Army National Guard and Army Reserve. 

8 AIRCRAFT PROCUREMENT, NAVY

9 For construction, procurement, production, modifica10 tion, and modernization of aircraft, equipment, including 

11 ordnance, spare parts, and accessories therefor; specialized 

12 equipment; expansion of public and private plants, includ13 ing the land necessary therefor, and such lands and inter14 ests therein, may be acquired, and construction prosecuted 

15 thereon prior to approval of title; and procurement and 

16 installation of equipment, appliances, and machine tools 

17 in public and private plants; reserve plant and Govern18 ment and contractor-owned equipment layaway, 

19 $10,590,934,000, to remain available for obligation until 

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

21 available for the Navy Reserve and Marine Corps Reserve. 

22 WEAPONS PROCUREMENT, NAVY

23 For construction, procurement, production, modifica24 tion, and modernization of missiles, torpedoes, other weap25 ons, and related support equipment including spare parts, 
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1 and accessories therefor; expansion of public and private 

2 plants, including the land necessary therefor, and such 

3 lands and interests therein, may be acquired, and con4 struction prosecuted thereon prior to approval of title; and 

5 procurement and installation of equipment, appliances, 

6 and machine tools in public and private plants; reserve 

7 plant and Government and contractor-owned equipment 

8 layaway, $2,533,920,000, to remain available for obliga9 tion until September 30, 2009. 

10 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

11 CORPS

12 For construction, procurement, production, and 

13 modification of ammunition, and accessories therefor; spe14 cialized equipment and training devices; expansion of pub15 lic and private plants, including ammunition facilities, au16 thorized by section 2854 of title 10, United States Code, 

17 and the land necessary therefor, for the foregoing pur18 poses, and such lands and interests therein, may be ac19 quired, and construction prosecuted thereon prior to ap20 proval of title; and procurement and installation of equip21 ment, appliances, and machine tools in public and private 

22 plants; reserve plant and Government and contractor23 owned equipment layaway; and other expenses necessary 

24 for the foregoing purposes, $775,893,000, to remain avail25 able for obligation until September 30, 2009, of which 
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1 $19,600,000 shall be available for the Navy Reserve and 

2 Marine Corps Reserve. 

3 SHIPBUILDING AND CONVERSION, NAVY

4 For expenses necessary for the construction, acquisi5 tion, or conversion of vessels as authorized by law, includ6 ing armor and armament thereof, plant equipment, appli7 ances, and machine tools and installation thereof in public 

8 and private plants; reserve plant and Government and con9 tractor-owned equipment layaway; procurement of critical, 

10 long leadtime components and designs for vessels to be 

11 constructed or converted in the future; and expansion of 

12 public and private plants, including land necessary there13 for, and such lands and interests therein, may be acquired, 

14 and construction prosecuted thereon prior to approval of 

15 title, as follows: 

16 Carrier Replacement Program (AP), 

17 $784,143,000; 

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

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

20 CVN Refuelings, $954,495,000; 

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

22 SSN Engineered Refueling Overhauls (AP), 

23 $22,078,000; 

24 SSBN Engineered Refueling Overhauls, 

25 $189,022,000; 
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1 SSBN Engineered Refueling Overhauls (AP), 

2 $37,154,000; 

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

4 DDG–51 Destroyer, $355,849,000; 

5 DDG–51 Destroyer Modernization, 

6 $50,000,000; 

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

8 LPD–17 (AP), $297,492,000; 

9 LHA–R, $1,135,917,000; 

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

11 Service Craft, $45,245,000; 

12 LCAC Service Life Extension Program, 

13 $110,692,000; 

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

15 and 

16 For outfitting, post delivery, conversions, and 

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

18 In all: $10,491,653,000, to remain available for obli19 gation until September 30, 2011: Provided, That addi20 tional obligations may be incurred after September 30, 

21 2011, for engineering services, tests, evaluations, and 

22 other such budgeted work that must be performed in the 

23 final stage of ship construction: Provided further, That 

24 none of the funds provided under this heading for the con25 struction or conversion of any naval vessel to be con-
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•HR 5631 EH 

1 structed in shipyards in the United States shall be ex2 pended in foreign facilities for the construction of major 

3 components of such vessel: Provided further, That none 

4 of the funds provided under this heading shall be used 

5 for the construction of any naval vessel in foreign ship6 yards. 

7 OTHER PROCUREMENT, NAVY

8 For procurement, production, and modernization of 

9 support equipment and materials not otherwise provided 

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

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

12 of passenger motor vehicles for replacement only; expan13 sion of public and private plants, including the land nec14 essary therefor, and such lands and interests therein, may 

15 be acquired, and construction prosecuted thereon prior to 

16 approval of title; and procurement and installation of 

17 equipment, appliances, and machine tools in public and 

18 private plants; reserve plant and Government and con19 tractor-owned equipment layaway, $5,022,005,000, to re20 main available for obligation until September 30, 2009, 

21 of which $23,000,000 shall be available for the Navy Re22 serve and Marine Corps Reserve. 

23 PROCUREMENT, MARINE CORPS

24 For expenses necessary for the procurement, manu25 facture, and modification of missiles, armament, military 
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•HR 5631 EH 

1 equipment, spare parts, and accessories therefor; plant 

2 equipment, appliances, and machine tools, and installation 

3 thereof in public and private plants; reserve plant and 

4 Government and contractor-owned equipment layaway; ve5 hicles for the Marine Corps, including the purchase of pas6 senger motor vehicles for replacement only; and expansion 

7 of public and private plants, including land necessary 

8 therefor, and such lands and interests therein, may be ac9 quired, and construction prosecuted thereon prior to ap10 proval of title, $1,191,113,000, to remain available for ob11 ligation until September 30, 2009. 

12 AIRCRAFT PROCUREMENT, AIR FORCE

13 For construction, procurement, and modification of 

14 aircraft and equipment, including armor and armament, 

15 specialized ground handling equipment, and training de16 vices, spare parts, and accessories therefor; specialized 

17 equipment; expansion of public and private plants, Gov18 ernment-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; and 

24 other expenses necessary for the foregoing purposes in25 cluding rents and transportation of things, 
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1 $11,852,467,000, to remain available for obligation until 

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

3 available for the Air National Guard and Air Force Re4 serve. 

5 MISSILE PROCUREMENT, AIR FORCE

6 For construction, procurement, and modification of 

7 missiles, spacecraft, rockets, and related equipment, in8 cluding spare parts and accessories therefor, ground han9 dling equipment, and training devices; expansion of public 

10 and private plants, Government-owned equipment and in11 stallation thereof in such plants, erection of structures, 

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

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

14 construction prosecuted thereon prior to approval of title; 

15 reserve plant and Government and contractor-owned 

16 equipment layaway; and other expenses necessary for the 

17 foregoing purposes including rents and transportation of 

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

19 until September 30, 2009. 

20 PROCUREMENT OF AMMUNITION, AIR FORCE

21 For construction, procurement, production, and 

22 modification of ammunition, and accessories therefor; spe23 cialized equipment and training devices; expansion of pub24 lic and private plants, including ammunition facilities, au25 thorized by section 2854 of title 10, United States Code, 
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•HR 5631 EH 

1 and the land necessary therefor, for the foregoing pur2 poses, and such lands and interests therein, may be ac3 quired, and construction prosecuted thereon prior to ap4 proval of title; and procurement and installation of equip5 ment, appliances, and machine tools in public and private 

6 plants; reserve plant and Government and contractor7 owned equipment layaway; and other expenses necessary 

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

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

10 $163,800,000 shall be available for the Air National 

11 Guard and Air Force Reserve. 

12 OTHER PROCUREMENT, AIR FORCE

13 For procurement and modification of equipment (in14 cluding ground guidance and electronic control equipment, 

15 and ground electronic and communication equipment), 

16 and supplies, materials, and spare parts therefor, not oth17 erwise provided for; the purchase of passenger motor vehi18 cles for replacement only; lease of passenger motor vehi19 cles; and expansion of public and private plants, Govern20 ment-owned equipment and installation thereof in such 

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

22 the foregoing purposes, and such lands and interests 

23 therein, may be acquired, and construction prosecuted 

24 thereon, prior to approval of title; reserve plant and Gov25 ernment and contractor-owned equipment layaway, 
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•HR 5631 EH 

1 $15,423,536,000, to remain available for obligation until 

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

3 available for the Air National Guard and Air Force Re4 serve. 

5 PROCUREMENT, DEFENSE-WIDE

6 For expenses of activities and agencies of the Depart7 ment of Defense (other than the military departments) 

8 necessary for procurement, production, and modification 

9 of equipment, supplies, materials, and spare parts there10 for, not otherwise provided for; the purchase of passenger 

11 motor vehicles for replacement only; expansion of public 

12 and private plants, equipment, and installation thereof in 

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

14 for the foregoing purposes, and such lands and interests 

15 therein, may be acquired, and construction prosecuted 

16 thereon prior to approval of title; reserve plant and Gov17 ernment and contractor-owned equipment layaway, 

18 $2,890,531,000, to remain available for obligation until 

19 September 30, 2009. 

20 NATIONAL GUARD AND RESERVE EQUIPMENT

21 For procurement of aircraft, missiles, tracked combat 

22 vehicles, ammunition, other weapons, and other procure23 ment for the reserve components of the Armed Forces, 

24 $500,000,000, to remain available for obligation until Sep25 tember 30, 2009: Provided, That the Chiefs of the Reserve 
27

•HR 5631 EH 

1 and National Guard components shall, not later than 30 

2 days after the enactment of this Act, individually submit 

3 to the congressional defense committees the modernization 

4 priority assessment for their respective Reserve or Na5 tional Guard component. 

6 DEFENSE PRODUCTION ACT PURCHASES

7 For activities by the Department of Defense pursuant 

8 to sections 108, 301, 302, and 303 of the Defense Produc9 tion Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 

10 2093), $39,384,000, to remain available until expended. 

11 TITLE IV 

12 RESEARCH, DEVELOPMENT, TEST AND 

13 EVALUATION 

14 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

15 ARMY

16 For expenses necessary for basic and applied sci17 entific research, development, test and evaluation, includ18 ing maintenance, rehabilitation, lease, and operation of fa19 cilities and equipment, $11,834,882,000 (reduced by 

20 $5,000,000) (increased by $5,000,000), to remain avail21 able for obligation until September 30, 2008. 

22 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

23 NAVY

24 For expenses necessary for basic and applied sci25 entific research, development, test and evaluation, includ-
28

•HR 5631 EH 

1 ing maintenance, rehabilitation, lease, and operation of fa2 cilities and equipment, $17,654,518,000, to remain avail3 able for obligation until September 30, 2008: Provided, 

4 That funds appropriated in this paragraph which are 

5 available for the V–22 may be used to meet unique oper6 ational requirements of the Special Operations Forces: 

7 Provided further, That funds appropriated in this para8 graph shall be available for the Cobra Judy program. 

9 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

10 AIR FORCE

11 For expenses necessary for basic and applied sci12 entific research, development, test and evaluation, includ13 ing maintenance, rehabilitation, lease, and operation of fa14 cilities and equipment, $24,457,062,000, to remain avail15 able for obligation until September 30, 2008. 

16 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

17 DEFENSE-WIDE

18 For expenses of activities and agencies of the Depart19 ment of Defense (other than the military departments), 

20 necessary for basic and applied scientific research, devel21 opment, test and evaluation; advanced research projects 

22 as may be designated and determined by the Secretary 

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

24 lease, and operation of facilities and equipment, 
29

•HR 5631 EH 

1 $21,208,264,000, to remain available for obligation until 

2 September 30, 2008. 

3 OPERATIONAL TEST AND EVALUATION, DEFENSE

4 For expenses, not otherwise provided for, necessary 

5 for the independent activities of the Director, Operational 

6 Test and Evaluation, in the direction and supervision of 

7 operational test and evaluation, including initial oper8 ational test and evaluation which is conducted prior to, 

9 and in support of, production decisions; joint operational 

10 testing and evaluation; and administrative expenses in 

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

12 for obligation until September 30, 2008. 

13 TITLE V 

14 REVOLVING AND MANAGEMENT FUNDS 

15 DEFENSE WORKING CAPITAL FUNDS

16 For the Defense Working Capital Funds, 

17 $1,345,998,000. 

18 NATIONAL DEFENSE SEALIFT FUND

19 For National Defense Sealift Fund programs, 

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

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

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

23 and for the necessary expenses to maintain and preserve 

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

25 needs of the United States, $1,071,932,000, to remain 
30

•HR 5631 EH 

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

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

3 contract that provides for the acquisition of any of the 

4 following major components unless such components are 

5 manufactured in the United States: auxiliary equipment, 

6 including pumps, for all shipboard services; propulsion 

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

8 propellers); shipboard cranes; and spreaders for shipboard 

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

10 in a contract awarded through the obligation of previously 

11 appropriated funds shall not be considered to be the award 

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

13 of the military department responsible for such procure14 ment may waive the restrictions in the first proviso on 

15 a case-by-case basis by certifying in writing to the Com16 mittees on Appropriations of the House of Representatives 

17 and the Senate that adequate domestic supplies are not 

18 available to meet Department of Defense requirements on 

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

20 in order to acquire capability for national security pur21 poses.
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•HR 5631 EH 

1 PENTAGON RESERVATION MAINTENANCE REVOLVING

2 FUND

3 For the Pentagon Reservation Maintenance Revolv4 ing Fund, $18,500,000, to remain available until Sep5 tember 30, 2011. 

6 TITLE VI 

7 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

8 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

9 ARMY

10 For expenses, not otherwise provided for, necessary 

11 for the destruction of the United States stockpile of lethal 

12 chemical agents and munitions, to include construction of 

13 facilities, in accordance with the provisions of section 1412 

14 of the Department of Defense Authorization Act, 1986 

15 (50 U.S.C. 1521), and for the destruction of other chem16 ical warfare materials that are not in the chemical weapon 

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

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

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

20 $215,944,000 shall only be for the Assembled Chemical 

21 Weapons Alternatives (ACWA) program, to remain avail22 able until September 30, 2008; and no less than 

23 $111,283,000 shall be for the Chemical Stockpile Emer24 gency Preparedness Program to remain available until 

25 September 30, 2008. 
32

•HR 5631 EH 

1 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

2 DEFENSE

3 (INCLUDING TRANSFER OF FUNDS) 

4 For drug interdiction and counter-drug activities of 

5 the Department of Defense, for transfer to appropriations 

6 available to the Department of Defense for military per7 sonnel of the reserve components serving under the provi8 sions of title 10 and title 32, United States Code; for Op9 eration and maintenance; for Procurement; and for Re10 search, development, test and evaluation, $936,990,000: 

11 Provided, That the funds appropriated under this heading 

12 shall be available for obligation for the same time period 

13 and for the same purpose as the appropriation to which 

14 transferred: Provided further, That upon a determination 

15 that all or part of the funds transferred from this appro16 priation are not necessary for the purposes provided here17 in, such amounts may be transferred back to this appro18 priation: Provided further, That the transfer authority pro19 vided under this heading is in addition to any other trans20 fer authority contained elsewhere in this Act. 

21 OFFICE OF THE INSPECTOR GENERAL

22 For expenses and activities of the Office of the In23 spector General in carrying out the provisions of the In24 spector General Act of 1978, as amended, $216,297,000, 

25 of which $214,897,000 shall be for Operation and mainte-
33

•HR 5631 EH 

1 nance, of which not to exceed $700,000 is available for 

2 emergencies and extraordinary expenses to be expended on 

3 the approval or authority of the Inspector General, and 

4 payments may be made on the Inspector General’s certifi5 cate of necessity for confidential military purposes; and 

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

7 30, 2009, shall be for Procurement. 

8 TITLE VII 

9 RELATED AGENCIES 

10 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

11 DISABILITY SYSTEM FUND

12 For payment to the Central Intelligence Agency Re13 tirement and Disability System Fund, to maintain the 

14 proper funding level for continuing the operation of the 

15 Central Intelligence Agency Retirement and Disability 

16 System, $256,400,000. 

17 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

18 (INCLUDING TRANSFER OF FUNDS) 

19 For necessary expenses of the Intelligence Commu20 nity Management Account, $597,111,000, of which 

21 $27,454,000 for the Advanced Research and Development 

22 Committee shall remain available until September 30, 

23 2008: Provided, That of the funds appropriated under this 

24 heading, $39,000,000 shall be transferred to the Depart25 ment of Justice for the National Drug Intelligence Center 
34

•HR 5631 EH 

1 to support the Department of Defense’s counter-drug in2 telligence responsibilities, and of the said amount, 

3 $1,500,000 for Procurement shall remain available until 

4 September 30, 2009 and $1,000,000 for Research, devel5 opment, test and evaluation shall remain available until 

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

7 Drug Intelligence Center shall maintain the personnel and 

8 technical resources to provide timely support to law en9 forcement authorities and the intelligence community by 

10 conducting document and computer exploitation of mate11 rials collected in Federal, State, and local law enforcement 

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

13 and national security investigations and operations. 

14 TITLE VIII 

15 GENERAL PROVISIONS 

16 SEC. 8001. No part of any appropriation contained 

17 in this Act shall be used for publicity or propaganda pur18 poses not authorized by the Congress. 

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

20 of law prohibiting the payment of compensation to, or em21 ployment of, any person not a citizen of the United States 

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

23 Provided, That salary increases granted to direct and indi24 rect hire foreign national employees of the Department of 

25 Defense funded by this Act shall not be at a rate in excess 
35

•HR 5631 EH 

1 of the percentage increase authorized by law for civilian 

2 employees of the Department of Defense whose pay is 

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

4 United States Code, or at a rate in excess of the percent5 age increase provided by the appropriate host nation to 

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

7 That this section shall not apply to Department of De8 fense foreign service national employees serving at United 

9 States diplomatic missions whose pay is set by the Depart10 ment of State under the Foreign Service Act of 1980: Pro11 vided further, That the limitations of this provision shall 

12 not apply to foreign national employees of the Department 

13 of Defense in the Republic of Turkey. 

14 SEC. 8003. No part of any appropriation contained 

15 in this Act shall remain available for obligation beyond 

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

17 SEC. 8004. No more than 20 percent of the appro18 priations in this Act which are limited for obligation dur19 ing the current fiscal year shall be obligated during the 

20 last 2 months of the fiscal year: Provided, That this sec21 tion shall not apply to obligations for support of active 

22 duty training of reserve components or summer camp 

23 training of the Reserve Officers’ Training Corps. 
36

•HR 5631 EH 

1 (TRANSFER OF FUNDS) 

2 SEC. 8005. Upon determination by the Secretary of 

3 Defense that such action is necessary in the national inter4 est, he may, with the approval of the Office of Manage5 ment and Budget, transfer not to exceed $4,750,000,000 

6 of working capital funds of the Department of Defense 

7 or funds made available in this Act to the Department 

8 of Defense for military functions (except military con9 struction) between such appropriations or funds or any 

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

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

12 the appropriation or fund to which transferred: Provided, 

13 That such authority to transfer may not be used unless 

14 for higher priority items, based on unforeseen military re15 quirements, than those for which originally appropriated 

16 and in no case where the item for which funds are re17 quested has been denied by the Congress: Provided further, 

18 That the Secretary of Defense shall notify the Congress 

19 promptly of all transfers made pursuant to this authority 

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

21 no part of the funds in this Act shall be available to pre22 pare or present a request to the Committees on Appropria23 tions for reprogramming of funds, unless for higher pri24 ority items, based on unforeseen military requirements, 

25 than those for which originally appropriated and in no 
37

•HR 5631 EH 

1 case where the item for which reprogramming is requested 

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

3 a request for multiple reprogrammings of funds using au4 thority provided in this section must be made prior to 

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

6 military personnel appropriations shall not be taken into 

7 account for purposes of the limitation on the amount of 

8 funds that may be transferred under this section. 

9 (TRANSFER OF FUNDS) 

10 SEC. 8006. During the current fiscal year, cash bal11 ances in working capital funds of the Department of De12 fense established pursuant to section 2208 of title 10, 

13 United States Code, may be maintained in only such 

14 amounts as are necessary at any time for cash disburse15 ments to be made from such funds: Provided, That trans16 fers may be made between such funds: Provided further, 

17 That transfers may be made between working capital 

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

19 appropriation and the ‘‘Operation and Maintenance’’ ap20 propriation accounts in such amounts as may be deter21 mined by the Secretary of Defense, with the approval of 

22 the Office of Management and Budget, except that such 

23 transfers may not be made unless the Secretary of Defense 

24 has notified the Congress of the proposed transfer. Except 

25 in amounts equal to the amounts appropriated to working 
38

•HR 5631 EH 

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

2 against a working capital fund to procure or increase the 

3 value of war reserve material inventory, unless the Sec4 retary of Defense has notified the Congress prior to any 

5 such obligation. 

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

7 be used to initiate a special access program without prior 

8 notification 30 calendar days in advance to the congres9 sional defense committees. 

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

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

12 employs economic order quantity procurement in excess of 

13 $20,000,000 in any 1 year of the contract or that includes 

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

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

16 multiyear contract that employs economic order quantity 

17 procurement in excess of $20,000,000 in any 1 year, un18 less the congressional defense committees have been noti19 fied at least 30 days in advance of the proposed contract 

20 award: Provided, That no part of any appropriation con21 tained in this Act shall be available to initiate a multiyear 

22 contract for which the economic order quantity advance 

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

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

25 any appropriation contained in this Act shall be available 
39

•HR 5631 EH 

1 to initiate multiyear procurement contracts for any sys2 tems or component thereof if the value of the multiyear 

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

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

5 procurement contract can be terminated without 10-day 

6 prior notification to the congressional defense committees: 

7 Provided further, That the execution of multiyear author8 ity shall require the use of a present value analysis to de9 termine lowest cost compared to an annual procurement: 

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

11 Act may be used for a multiyear contract executed after 

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

13 of any such contract—

14 (1) the Secretary of Defense has submitted to 

15 Congress a budget request for full funding of units 

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

17 of a contract for procurement of aircraft, that in18 cludes, for any aircraft unit to be procured through 

19 the contract for which procurement funds are re20 quested in that budget request for production be21 yond advance procurement activities in the fiscal 

22 year covered by the budget, full funding of procure23 ment of such unit in that fiscal year; 

24 (2) cancellation provisions in the contract do 

25 not include consideration of recurring manufacturing 
40

•HR 5631 EH 

1 costs of the contractor associated with the produc2 tion of unfunded units to be delivered under the con3 tract; 

4 (3) the contract provides that payments to the 

5 contractor under the contract shall not be made in 

6 advance of incurred costs on funded units; and 

7 (4) the contract does not provide for a price ad8 justment based on a failure to award a follow-on 

9 contract. 

10 Funds appropriated in title III of this Act may be 

11 used for a multiyear procurement contract as follows: 

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

13 Helicopter mission equipment; and V–22 Osprey. 

14 SEC. 8009. Within the funds appropriated for the op15 eration and maintenance of the Armed Forces, funds are 

16 hereby appropriated pursuant to section 401 of title 10, 

17 United States Code, for humanitarian and civic assistance 

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

19 Such funds may also be obligated for humanitarian and 

20 civic assistance costs incidental to authorized operations 

21 and pursuant to authority granted in section 401 of chap22 ter 20 of title 10, United States Code, and these obliga23 tions shall be reported as required by section 401(d) of 

24 title 10, United States Code: Provided, That funds avail25 able for operation and maintenance shall be available for 
41

•HR 5631 EH 

1 providing humanitarian and similar assistance by using 

2 Civic Action Teams in the Trust Territories of the Pacific 

3 Islands and freely associated states of Micronesia, pursu4 ant to the Compact of Free Association as authorized by 

5 Public Law 99–239: Provided further, That upon a deter6 mination by the Secretary of the Army that such action 

7 is beneficial for graduate medical education programs con8 ducted at Army medical facilities located in Hawaii, the 

9 Secretary of the Army may authorize the provision of med10 ical services at such facilities and transportation to such 

11 facilities, on a nonreimbursable basis, for civilian patients 

12 from American Samoa, the Commonwealth of the North13 ern Mariana Islands, the Marshall Islands, the Federated 

14 States of Micronesia, Palau, and Guam. 

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

16 personnel of the Department of Defense may not be man17 aged on the basis of any end-strength, and the manage18 ment of such personnel during that fiscal year shall not 

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

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

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

22 (b) The fiscal year 2008 budget request for the De23 partment of Defense as well as all justification material 

24 and other documentation supporting the fiscal year 2008 

25 Department of Defense budget request shall be prepared 
42

•HR 5631 EH 

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

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

3 year 2007. 

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

5 to military (civilian) technicians. 

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

7 Act shall be used in any way, directly or indirectly, to in8 fluence congressional action on any legislation or appro9 priation matters pending before the Congress. 

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

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

12 any member of the Army participating as a full-time stu13 dent and receiving benefits paid by the Secretary of Vet14 erans Affairs from the Department of Defense Education 

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

16 credited toward completion of a service commitment: Pro17 vided, That this section shall not apply to those members 

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

19 1987: Provided further, That this section applies only to 

20 active components of the Army. 

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

22 CONTRACTOR PERFORMANCE.—None of the funds appro23 priated by this Act shall be available to convert to con24 tractor performance an activity or function of the Depart25 ment of Defense that, on or after the date of the enact-
43

•HR 5631 EH 

1 ment of this Act, is performed by more than 10 Depart2 ment of Defense civilian employees unless—

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

4 public-private competition that includes a most effi5 cient and cost effective organization plan developed 

6 by such activity or function; 

7 (2) the Competitive Sourcing Official deter8 mines that, over all performance periods stated in 

9 the solicitation of offers for performance of the ac10 tivity or function, the cost of performance of the ac11 tivity or function by a contractor would be less costly 

12 to the Department of Defense by an amount that 

13 equals or exceeds the lesser of—

14 (A) 10 percent of the most efficient organi15 zation’s personnel-related costs for performance 

16 of that activity or function by Federal employ17 ees; or 

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

19 (3) the contractor does not receive an advan20 tage for a proposal that would reduce costs for the 

21 Department of Defense by—

22 (A) not making an employer-sponsored 

23 health insurance plan available to the workers 

24 who are to be employed in the performance of 

25 that activity or function under the contract; or 
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•HR 5631 EH 

1 (B) offering to such workers an employer2 sponsored health benefits plan that requires the 

3 employer to contribute less towards the pre4 mium or subscription share than the amount 

5 that is paid by the Department of Defense for 

6 health benefits for civilian employees under 

7 chapter 89 of title 5, United States Code. 

8 (b) EXCEPTIONS.—

9 (1) The Department of Defense, without regard 

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

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

12 Code, and notwithstanding any administrative regu13 lation, requirement, or policy to the contrary shall 

14 have full authority to enter into a contract for the 

15 performance of any commercial or industrial type 

16 function of the Department of Defense that—

17 (A) is included on the procurement list es18 tablished pursuant to section 2 of the Javits19 Wagner-O’Day Act (41 U.S.C. 47); 

20 (B) is planned to be converted to perform21 ance by a qualified nonprofit agency for the 

22 blind or by a qualified nonprofit agency for 

23 other severely handicapped individuals in ac24 cordance with that Act; or 
45

•HR 5631 EH 

1 (C) is planned to be converted to perform2 ance by a qualified firm under at least 51 per3 cent ownership by an Indian tribe, as defined in 

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

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

6 450b(e)), or a Native Hawaiian Organization, 

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

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

9 (2) This section shall not apply to depot con10 tracts or contracts for depot maintenance as pro11 vided in sections 2469 and 2474 of title 10, United 

12 States Code. 

13 (c) TREATMENT OF CONVERSION.—The conversion 

14 of any activity or function of the Department of Defense 

15 under the authority provided by this section shall be cred16 ited toward any competitive or outsourcing goal, target, 

17 or measurement that may be established by statute, regu18 lation, or policy and is deemed to be awarded under the 

19 authority of, and in compliance with, subsection (h) of sec20 tion 2304 of title 10, United States Code, for the competi21 tion or outsourcing of commercial activities. 

22 (TRANSFER OF FUNDS) 

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

24 for the Department of Defense Pilot Mentor-Protege Pro25 gram may be transferred to any other appropriation con-
46

•HR 5631 EH 

1 tained in this Act solely for the purpose of implementing 

2 a Mentor-Protege Program developmental assistance 

3 agreement pursuant to section 831 of the National De4 fense Authorization Act for Fiscal Year 1991 (Public Law 

5 101–510; 10 U.S.C. 2302 note), as amended, under the 

6 authority of this provision or any other transfer authority 

7 contained in this Act. 

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

9 available for the purchase by the Department of Defense 

10 (and its departments and agencies) of welded shipboard 

11 anchor and mooring chain 4 inches in diameter and under 

12 unless the anchor and mooring chain are manufactured 

13 in the United States from components which are substan14 tially manufactured in the United States: Provided, That 

15 for the purpose of this section manufactured will include 

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

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

18 Provided further, That for the purpose of this section sub19 stantially all of the components of anchor and mooring 

20 chain shall be considered to be produced or manufactured 

21 in the United States if the aggregate cost of the compo22 nents produced or manufactured in the United States ex23 ceeds the aggregate cost of the components produced or 

24 manufactured outside the United States: Provided further, 

25 That when adequate domestic supplies are not available 
47

•HR 5631 EH 

1 to meet Department of Defense requirements on a timely 

2 basis, the Secretary of the service responsible for the pro3 curement may waive this restriction on a case-by-case 

4 basis by certifying in writing to the Committees on Appro5 priations that such an acquisition must be made in order 

6 to acquire capability for national security purposes. 

7 SEC. 8016. None of the funds available to the De8 partment of Defense may be used to demilitarize or dis9 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, 

10 .22 caliber rifles, .30 caliber rifles, or M–1911 pistols. 

11 SEC. 8017. No more than $500,000 of the funds ap12 propriated or made available in this Act shall be used dur13 ing a single fiscal year for any single relocation of an orga14 nization, unit, activity or function of the Department of 

15 Defense into or within the National Capital Region: Pro16 vided, That the Secretary of Defense may waive this re17 striction on a case-by-case basis by certifying in writing 

18 to the congressional defense committees that such a relo19 cation is required in the best interest of the Government. 

20 SEC. 8018. In addition to the funds provided else21 where in this Act, $8,000,000 is appropriated only for in22 centive payments authorized by section 504 of the Indian 

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

24 a prime contractor or a subcontractor at any tier that 

25 makes a subcontract award to any subcontractor or sup-
48

•HR 5631 EH 

1 plier as defined in section 1544 of title 25, United States 

2 Code or a small business owned and controlled by an indi3 vidual or individuals defined under section 4221(9) of title 

4 25, United States Code shall be considered a contractor 

5 for the purposes of being allowed additional compensation 

6 under section 504 of the Indian Financing Act of 1974 

7 (25 U.S.C. 1544) whenever the prime contract or sub8 contract amount is over $500,000 and involves the ex9 penditure of funds appropriated by an Act making Appro10 priations for the Department of Defense with respect to 

11 any fiscal year: Provided further, That notwithstanding 

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

13 shall be applicable to any Department of Defense acquisi14 tion of supplies or services, including any contract and any 

15 subcontract at any tier for acquisition of commercial items 

16 produced or manufactured, in whole or in part by any sub17 contractor or supplier defined in section 1544 of title 25, 

18 United States Code or a small business owned and con19 trolled by an individual or individuals defined under sec20 tion 4221(9) of title 25, United States Code: Provided fur21 ther, That, during the current fiscal year and hereafter, 

22 businesses certified as 8(a) by the Small Business Admin23 istration pursuant to section 8(a)(15) of Public Law 85–

24 536, as amended, shall have the same status as other pro25 gram participants under section 602 of Public Law 100–
49

•HR 5631 EH 

1 656, 102 Stat. 3825 (Business Opportunity Development 

2 Reform Act of 1988) for purposes of contracting with 

3 agencies of the Department of Defense. 

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

5 Act shall be available to perform any cost study pursuant 

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

7 performed exceeds a period of 24 months after initiation 

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

9 30 months after initiation of such study for a multi-func10 tion activity. 

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

12 American Forces Information Service shall not be used for 

13 any national or international political or psychological ac14 tivities. 

15 SEC. 8021. During the current fiscal year, the De16 partment of Defense is authorized to incur obligations of 

17 not to exceed $350,000,000 for purposes specified in sec18 tion 2350j(c) of title 10, United States Code, in anticipa19 tion of receipt of contributions, only from the Government 

20 of Kuwait, under that section: Provided, That upon re21 ceipt, such contributions from the Government of Kuwait 

22 shall be credited to the appropriations or fund which in23 curred such obligations. 
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•HR 5631 EH 

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

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

3 Civil Air Patrol Corporation, of which—

4 (1) $25,087,000 shall be available from ‘‘Oper5 ation and Maintenance, Air Force’’ to support Civil 

6 Air Patrol Corporation operation and maintenance, 

7 readiness, counterdrug activities, and drug demand 

8 reduction activities involving youth programs; 

9 (2) $10,193,000 shall be available from ‘‘Air10 craft Procurement, Air Force’’; and 

11 (3) $908,000 shall be available from ‘‘Other 

12 Procurement, Air Force’’ for vehicle procurement. 

13 (b) The Secretary of the Air Force should waive reim14 bursement for any funds used by the Civil Air Patrol for 

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

16 local government agencies. 

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

18 Act are available to establish a new Department of De19 fense (department) federally funded research and develop20 ment center (FFRDC), either as a new entity, or as a 

21 separate entity administrated by an organization man22 aging another FFRDC, or as a nonprofit membership cor23 poration consisting of a consortium of other FFRDCs and 

24 other non-profit entities. 
51

•HR 5631 EH 

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

2 Overseers, Advisory Group, Special Issues Panel, Visiting 

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

4 and no paid consultant to any defense FFRDC, except 

5 when acting in a technical advisory capacity, may be com6 pensated for his or her services as a member of such enti7 ty, or as a paid consultant by more than one FFRDC in 

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

9 referred to previously in this subsection shall be allowed 

10 travel expenses and per diem as authorized under the Fed11 eral Joint Travel Regulations, when engaged in the per12 formance of membership duties. 

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

14 of the funds available to the department from any source 

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

16 through a fee or other payment mechanism, for construc17 tion of new buildings, for payment of cost sharing for 

18 projects funded by Government grants, for absorption of 

19 contract overruns, or for certain charitable contributions, 

20 not to include employee participation in community service 

21 and/or development. 

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

23 the funds available to the department during fiscal year 

24 2007, not more than 5,417 staff years of technical effort 

25 (staff years) may be funded for defense FFRDCs: Pro-
52

•HR 5631 EH 

1 vided, That this subsection shall not apply to staff years 

2 funded in the National Intelligence Program (NIP) and 

3 the Military Intelligence Program (MIP). 

4 (e) The Secretary of Defense shall, with the submis5 sion of the department’s fiscal year 2008 budget request, 

6 submit a report presenting the specific amounts of staff 

7 years of technical effort to be allocated for each defense 

8 FFRDC during that fiscal year. 

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

10 the total amount appropriated in this Act for FFRDCs 

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

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

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

14 or armor steel plate for use in any Government-owned fa15 cility or property under the control of the Department of 

16 Defense which were not melted and rolled in the United 

17 States or Canada: Provided, That these procurement re18 strictions shall apply to any and all Federal Supply Class 

19 9515, American Society of Testing and Materials (ASTM) 

20 or American Iron and Steel Institute (AISI) specifications 

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

22 That the Secretary of the military department responsible 

23 for the procurement may waive this restriction on a case24 by-case basis by certifying in writing to the Committees 

25 on Appropriations of the House of Representatives and the 
53

•HR 5631 EH 

1 Senate that adequate domestic supplies are not available 

2 to meet Department of Defense requirements on a timely 

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

4 to acquire capability for national security purposes: Pro5 vided further, That these restrictions shall not apply to 

6 contracts which are in being as of the date of the enact7 ment of this Act. 

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

9 ‘‘congressional defense committees’’ means the Armed 

10 Services Committee of the House of Representatives, the 

11 Armed Services Committee of the Senate, the Sub12 committee on Defense of the Committee on Appropriations 

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

14 Committee on Appropriations of the House of Representa15 tives. 

16 SEC. 8026. During the current fiscal year, the De17 partment of Defense may acquire the modification, depot 

18 maintenance and repair of aircraft, vehicles and vessels 

19 as well as the production of components and other De20 fense-related articles, through competition between De21 partment of Defense depot maintenance activities and pri22 vate firms: Provided, That the Senior Acquisition Execu23 tive of the military department or Defense Agency con24 cerned, with power of delegation, shall certify that success25 ful bids include comparable estimates of all direct and in-
54

•HR 5631 EH 

1 direct costs for both public and private bids: Provided fur2 ther, That Office of Management and Budget Circular A–

3 76 shall not apply to competitions conducted under this 

4 section. 

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

6 consultation with the United States Trade Representative, 

7 determines that a foreign country which is party to an 

8 agreement described in paragraph (2) has violated the 

9 terms of the agreement by discriminating against certain 

10 types of products produced in the United States that are 

11 covered by the agreement, the Secretary of Defense shall 

12 rescind the Secretary’s blanket waiver of the Buy Amer13 ican Act with respect to such types of products produced 

14 in that foreign country. 

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

16 reciprocal defense procurement memorandum of under17 standing, between the United States and a foreign country 

18 pursuant to which the Secretary of Defense has prospec19 tively waived the Buy American Act for certain products 

20 in that country. 

21 (b) The Secretary of Defense shall submit to the Con22 gress a report on the amount of Department of Defense 

23 purchases from foreign entities in fiscal year 2007. Such 

24 report shall separately indicate the dollar value of items 

25 for which the Buy American Act was waived pursuant to 
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•HR 5631 EH 

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

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

3 international agreement to which the United States is a 

4 party. 

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

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

7 making appropriations for the Treasury and Post Office 

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

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

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

11 SEC. 8028. Notwithstanding any other provision of 

12 law, funds available during the current fiscal year and 

13 hereafter for ‘‘Drug Interdiction and Counter-Drug Activi14 ties, Defense’’ may be obligated for the Young Marines 

15 program. 

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

17 contained in the Department of Defense Overseas Military 

18 Facility Investment Recovery Account established by sec19 tion 2921(c)(1) of the National Defense Authorization Act 

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

21 be available until expended for the payments specified by 

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

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

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

25 convey at no cost to the Air Force, without consideration, 
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•HR 5631 EH 

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

2 South Dakota, Montana, and Minnesota relocatable mili3 tary housing units located at Grand Forks Air Force Base 

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

5 of the Air Force. 

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

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

8 military housing units under subsection (a) in accordance 

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

10 Secretary by the Operation Walking Shield Program on 

11 behalf of Indian tribes located in the States of North Da12 kota, South Dakota, Montana, and Minnesota. 

13 (c) RESOLUTION OF HOUSING UNIT CONFLICTS.—

14 The Operation Walking Shield Program shall resolve any 

15 conflicts among requests of Indian tribes for housing units 

16 under subsection (a) before submitting requests to the 

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

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

19 term ‘‘Indian tribe’’ means any recognized Indian tribe in20 cluded on the current list published by the Secretary of 

21 the Interior under section 104 of the Federally Recognized 

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

23 4792; 25 U.S.C. 479a–1). 

24 SEC. 8031. During the current fiscal year, appropria25 tions which are available to the Department of Defense 
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•HR 5631 EH 

1 for operation and maintenance may be used to purchase 

2 items having an investment item unit cost of not more 

3 than $250,000. 

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

5 of the appropriations or funds available to the Department 

6 of Defense Working Capital Funds shall be used for the 

7 purchase of an investment item for the purpose of acquir8 ing a new inventory item for sale or anticipated sale dur9 ing the current fiscal year or a subsequent fiscal year to 

10 customers of the Department of Defense Working Capital 

11 Funds if such an item would not have been chargeable 

12 to the Department of Defense Business Operations Fund 

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

14 investment item would be chargeable during the current 

15 fiscal year to appropriations made to the Department of 

16 Defense for procurement. 

17 (b) The fiscal year 2008 budget request for the De18 partment of Defense as well as all justification material 

19 and other documentation supporting the fiscal year 2008 

20 Department of Defense budget shall be prepared and sub21 mitted to the Congress on the basis that any equipment 

22 which was classified as an end item and funded in a pro23 curement appropriation contained in this Act shall be 

24 budgeted for in a proposed fiscal year 2008 procurement 

25 appropriation and not in the supply management business 
58

•HR 5631 EH 

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

2 Defense Working Capital Funds. 

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

4 Act for programs of the Central Intelligence Agency shall 

5 remain available for obligation beyond the current fiscal 

6 year, except for funds appropriated for the Reserve for 

7 Contingencies, which shall remain available until Sep8 tember 30, 2008: Provided, That funds appropriated, 

9 transferred, or otherwise credited to the Central Intel10 ligence Agency Central Services Working Capital Fund 

11 during this or any prior or subsequent fiscal year shall 

12 remain available until expended: Provided further, That 

13 any funds appropriated or transferred to the Central Intel14 ligence Agency for advanced research and development ac15 quisition, for agent operations, and for covert action pro16 grams authorized by the President under section 503 of 

17 the National Security Act of 1947, as amended, shall re18 main available until September 30, 2008. 

19 SEC. 8034. Notwithstanding any other provision of 

20 law, funds made available in this Act for the Defense In21 telligence Agency may be used for the design, develop22 ment, and deployment of General Defense Intelligence 

23 Program intelligence communications and intelligence in24 formation systems for the Services, the Unified and Speci25 fied Commands, and the component commands. 
59

•HR 5631 EH 

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

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

3 Defense unless the entity, in expending the funds, com4 plies with the Buy American Act. For purposes of this 

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

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

7 Treasury and Post Office Departments for the fiscal year 

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

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

10 (b) If the Secretary of Defense determines that a per11 son has been convicted of intentionally affixing a label 

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

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

14 in America, the Secretary shall determine, in accordance 

15 with section 2410f of title 10, United States Code, wheth16 er the person should be debarred from contracting with 

17 the Department of Defense. 

18 (c) In the case of any equipment or products pur19 chased with appropriations provided under this Act, it is 

20 the sense of the Congress that any entity of the Depart21 ment of Defense, in expending the appropriation, purchase 

22 only American-made equipment and products, provided 

23 that American-made equipment and products are cost24 competitive, quality-competitive, and available in a timely 

25 fashion. 
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•HR 5631 EH 

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

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

3 or consulting services entered into without competition on 

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

5 activity responsible for the procurement determines—

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

7 only one source is found fully qualified to perform 

8 the proposed work; 

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

10 unsolicited proposal which offers significant sci11 entific or technological promise, represents the prod12 uct of original thinking, and was submitted in con13 fidence by one source; or 

14 (3) the purpose of the contract is to take ad15 vantage of unique and significant industrial accom16 plishment by a specific concern, or to insure that a 

17 new product or idea of a specific concern is given fi18 nancial support: Provided, That this limitation shall 

19 not apply to contracts in an amount of less than 

20 $25,000, contracts related to improvements of equip21 ment that is in development or production, or con22 tracts as to which a civilian official of the Depart23 ment of Defense, who has been confirmed by the 

24 Senate, determines that the award of such contract 

25 is in the interest of the national defense. 
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•HR 5631 EH 

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 EH 

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 EH 

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-
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•HR 5631 EH 

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 EH 

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

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

5 and counter-drug activities may be transferred to any 

6 other department or agency of the United States except 

7 as specifically provided in an appropriations law. 

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

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

10 bearings other than those produced by a domestic source 

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

12 the military department responsible for such procurement 

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

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

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

20 That this restriction shall not apply to the purchase of 

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

22 Office of Federal Procurement Policy Act, except that the 

23 restriction shall apply to ball or roller bearings purchased 

24 as end items. 
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•HR 5631 EH 

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

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

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

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

8 SEC. 8047. Notwithstanding any other provision of 

9 law, each contract awarded by the Department of Defense 

10 during the current fiscal year for construction or service 

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

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

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

16 include a provision requiring the contractor to employ, for 

17 the purpose of performing that portion of the contract in 

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

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

21 acquire promptly the necessary skills: Provided, That the 

22 Secretary of Defense may waive the requirements of this 

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

24 security. 
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•HR 5631 EH 

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

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

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

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

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

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

11 provisions of Acts providing supplemental appropriations 

12 for the Department of Defense. 

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

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

16 Department of Defense for the current fiscal year may be 

17 obligated or expended to transfer to another nation or an 

18 international organization any defense articles or services 

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

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

23 on Foreign Relations of the Senate are notified 15 days 

24 in advance of such transfer. 

25 (b) COVERED ACTIVITIES.—This section applies to—
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•HR 5631 EH 

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

•HR 5631 EH 

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-
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•HR 5631 EH 

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-
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•HR 5631 EH 

1 count: Provided further, That the total amount 

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

4 of the total appropriation for that account. 

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

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

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

10 Bureau shall establish the amount of reimbursement for 

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

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

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

15 associated with the use of equipment of the project under 

16 that subsection. Such funds shall be available for such 

17 purposes without fiscal year limitation. 

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

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

20 determination under section 2690 of title 10, United 

21 States Code, may implement cost-effective agreements for 

22 required heating facility modernization in the 

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

25 Kaiserslautern such agreements will include the use of 
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•HR 5631 EH 

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

4 Medical Center and Ramstein Air Base, furnished heat 

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

7 United States coal as an energy source. 

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

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

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

13 prototyping, and test activities preceding and leading to 

14 acceptance for operational use: Provided further, That this 

15 restriction does not apply to programs funded within the 

16 National Intelligence Program: Provided further, That the 

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

19 on Appropriations of the House of Representatives and the 

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

21 so. 

22 SEC. 8056. Notwithstanding any other provision of 

23 law, funds available to the Department of Defense shall 

24 be made available to provide transportation of medical 

25 supplies and equipment, on a nonreimbursable basis, to 
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•HR 5631 EH 

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 
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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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•HR 5631 EH 

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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•HR 5631 EH 

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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•HR 5631 EH 

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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•HR 5631 EH 

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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•HR 5631 EH 

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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•HR 5631 EH 

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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•HR 5631 EH 

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 
105

•HR 5631 EH 

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). 
106

•HR 5631 EH 

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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•HR 5631 EH 

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). 
108

•HR 5631 EH 

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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•HR 5631 EH 

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 
110

•HR 5631 EH 

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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•HR 5631 EH 

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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•HR 5631 EH 

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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•HR 5631 EH 

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. 
114

•HR 5631 EH 

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-
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•HR 5631 EH 

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’’.

Passed the House of Representatives June 20, 2006. 

Attest:

Clerk. 
109TH CONGRESS 

2D SESSION H. R. 5631

AN ACT

Making appropriations for the Department of De2007, and for other purposes. fense for the fiscal year ending September 30,