In the Senate of the United States,

September 7 (legislative day, September 6), 2006.

Resolved, That the bill from the House of Representatives (H.R. 5631) entitled ‘‘An Act making appropriations for

the Department of Defense for the fiscal year ending September 30, 2007, and for other purposes.’’, do pass with the

following

AMENDMENT:

Strike out all after the enacting clause and insert:

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:
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1 TITLE I

2 MILITARY PERSONNEL

3 MILITARY PERSONNEL, ARMY

4 For pay, allowances, individual clothing, subsistence,

5 interest on deposits, gratuities, permanent change of station

6 travel (including all expenses thereof for organizational

7 movements), and expenses of temporary duty travel between

8 permanent duty stations, for members of the Army on active

9 duty, (except members of reserve components provided for

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

11 Reserve Officers’ Training Corps; and for payments pursu12 ant to section 156 of Public Law 97–377, as amended (42

13 U.S.C. 402 note), and to the Department of Defense Mili14 tary Retirement Fund, $29,080,473,000.

15 MILITARY PERSONNEL, NAVY

16 For pay, allowances, individual clothing, subsistence,

17 interest on deposits, gratuities, permanent change of station

18 travel (including all expenses thereof for organizational

19 movements), and expenses of temporary duty travel between

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

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

22 midshipmen, and aviation cadets; for members of the Re23 serve Officers’ Training Corps; and for payments pursuant

24 to section 156 of Public Law 97–377, as amended (42
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1 U.S.C. 402 note), and to the Department of Defense Mili2 tary Retirement Fund, $23,186,011,000.

3 MILITARY PERSONNEL, MARINE CORPS

4 For pay, allowances, individual clothing, subsistence,

5 interest on deposits, gratuities, permanent change of station

6 travel (including all expenses thereof for organizational

7 movements), and expenses of temporary duty travel between

8 permanent duty stations, for members of the Marine Corps

9 on active duty (except members of the Reserve provided for

10 elsewhere); and for payments pursuant to section 156 of

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

12 to the Department of Defense Military Retirement Fund,

13 $9,246,696,000.

14 MILITARY PERSONNEL, AIR FORCE

15 For pay, allowances, individual clothing, subsistence,

16 interest on deposits, gratuities, permanent change of station

17 travel (including all expenses thereof for organizational

18 movements), and expenses of temporary duty travel between

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

20 active duty (except members of reserve components provided

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

22 the Reserve Officers’ Training Corps; and for payments

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

24 (42 U.S.C. 402 note), and to the Department of Defense

25 Military Retirement Fund, $22,940,686,000.
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1 RESERVE PERSONNEL, ARMY

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

3 travel, and related expenses for personnel of the Army Re4 serve on active duty under sections 10211, 10302, and 3038

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

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

7 in connection with performing duty specified in section

8 12310(a) of title 10, United States Code, or while under9 going reserve training, or while performing drills or equiva10 lent duty or other duty, and expenses authorized by section

11 16131 of title 10, United States Code; and for payments

12 to the Department of Defense Military Retirement Fund,

13 $3,304,247,000.

14 RESERVE PERSONNEL, NAVY

15 For pay, allowances, clothing, subsistence, gratuities,

16 travel, and related expenses for personnel of the Navy Re17 serve on active duty under section 10211 of title 10, United

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

19 12301(d) of title 10, United States Code, in connection with

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

21 United States Code, or while undergoing reserve training,

22 or while performing drills or equivalent duty, and expenses

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

24 and for payments to the Department of Defense Military

25 Retirement Fund, $1,760,676,000.
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1 RESERVE PERSONNEL, MARINE CORPS

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

3 travel, and related expenses for personnel of the Marine

4 Corps Reserve on active duty under section 10211 of title

5 10, United States Code, or while serving on active duty

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

7 connection with performing duty specified in section

8 12310(a) of title 10, United States Code, or while under9 going reserve training, or while performing drills or equiva10 lent duty, and for members of the Marine Corps platoon

11 leaders class, and expenses authorized by section 16131 of

12 title 10, United States Code; and for payments to the De13 partment of Defense Military Retirement Fund,

14 $535,438,000.

15 RESERVE PERSONNEL, AIR FORCE

16 For pay, allowances, clothing, subsistence, gratuities,

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

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

19 8038 of title 10, United States Code, or while serving on

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

21 Code, in connection with performing duty specified in sec22 tion 12310(a) of title 10, United States Code, or while un23 dergoing reserve training, or while performing drills or

24 equivalent duty or other duty, and expenses authorized by

25 section 16131 of title 10, United States Code; and for pay-
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1 ments to the Department of Defense Military Retirement

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

3 NATIONAL GUARD PERSONNEL, ARMY

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

5 travel, and related expenses for personnel of the Army Na6 tional Guard while on duty under section 10211, 10302,

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

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

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

10 in connection with performing duty specified in section

11 12310(a) of title 10, United States Code, or while under12 going training, or while performing drills or equivalent

13 duty or other duty, and expenses authorized by section

14 16131 of title 10, United States Code; and for payments

15 to the Department of Defense Military Retirement Fund,

16 $5,258,080,000.

17 NATIONAL GUARD PERSONNEL, AIR FORCE

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

19 travel, and related expenses for personnel of the Air Na20 tional Guard on duty under section 10211, 10305, or 12402

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

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

23 or section 502(f) of title 32, United States Code, in connec24 tion with performing duty specified in section 12310(a) of

25 title 10, United States Code, or while undergoing training,
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1 or while performing drills or equivalent duty or other duty,

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

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

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

5 TITLE II

6 OPERATION AND MAINTENANCE

7 OPERATION AND MAINTENANCE, ARMY

8 For expenses, not otherwise provided for, necessary for

9 the operation and maintenance of the Army, as authorized

10 by law; and not to exceed $11,478,000 can be used for emer11 gencies and extraordinary expenses, to be expended on the

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

13 payments may be made on his certificate of necessity for

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

15 OPERATION AND MAINTENANCE, NAVY

16 For expenses, not otherwise provided for, necessary for

17 the operation and maintenance of the Navy and the Marine

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

19 can be used for emergencies and extraordinary expenses, to

20 be expended on the approval or authority of the Secretary

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

22 of necessity for confidential military purposes,

23 $30,779,084,000.
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1 OPERATION AND MAINTENANCE, MARINE CORPS

2 For expenses, not otherwise provided for, necessary for

3 the operation and maintenance of the Marine Corps, as au4 thorized by law, $3,739,862,000.

5 OPERATION AND MAINTENANCE, AIR FORCE

6 For expenses, not otherwise provided for, necessary for

7 the operation and maintenance of the Air Force, as author8 ized by law; and not to exceed $7,699,000 can be used for

9 emergencies and extraordinary expenses, to be expended on

10 the approval or authority of the Secretary of the Air Force,

11 and payments may be made on his certificate of necessity

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

13 OPERATION AND MAINTENANCE, DEFENSE-WIDE

14 (INCLUDING TRANSFER OF FUNDS)

15 For expenses, not otherwise provided for, necessary for

16 the operation and maintenance of activities and agencies

17 of the Department of Defense (other than the military de18 partments), as authorized by law, $19,919,175,000: Pro19 vided, That not more than $25,000,000 may be used for

20 the Combatant Commander Initiative Fund authorized

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

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

23 emergencies and extraordinary expenses, to be expended on

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

25 payments may be made on his certificate of necessity for
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1 confidential military purposes: Provided further, That of

2 the funds provided under this heading, not less than

3 $27,037,000 shall be made available for the Procurement

4 Technical Assistance Cooperative Agreement Program, of

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

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

7 none of the funds appropriated or otherwise made available

8 by this Act may be used to plan or implement the consolida9 tion of a budget or appropriations liaison office of the Office

10 of the Secretary of Defense, the office of the Secretary of

11 a military department, or the service headquarters of one

12 of the Armed Forces into a legislative affairs or legislative

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

14 available until expended, is available only for expenses re15 lating to certain classified activities, and may be trans16 ferred as necessary by the Secretary to operation and main17 tenance appropriations or research, development, test and

18 evaluation appropriations, to be merged with and to be

19 available for the same time period as the appropriations

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

21 the investment item unit cost of items that may be pur22 chased with operation and maintenance funds shall not

23 apply to the funds described in the preceding proviso: Pro24 vided further, That the transfer authority provided under
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1 this heading is in addition to any other transfer authority

2 provided elsewhere in this Act.

3 OPERATION AND MAINTENANCE, ARMY RESERVE

4 For expenses, not otherwise provided for, necessary for

5 the operation and maintenance, including training, organi6 zation, and administration, of the Army Reserve; repair of

7 facilities and equipment; hire of passenger motor vehicles;

8 travel and transportation; care of the dead; recruiting; pro9 curement of services, supplies, and equipment; and commu10 nications, $2,158,278,000.

11 OPERATION AND MAINTENANCE, NAVY RESERVE

12 For expenses, not otherwise provided for, necessary for

13 the operation and maintenance, including training, organi14 zation, and administration, of the Navy Reserve; repair of

15 facilities and equipment; hire of passenger motor vehicles;

16 travel and transportation; care of the dead; recruiting; pro17 curement of services, supplies, and equipment; and commu18 nications, $1,275,764,000.

19 OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

20 For expenses, not otherwise provided for, necessary for

21 the operation and maintenance, including training, organi22 zation, and administration, of the Marine Corps Reserve;

23 repair of facilities and equipment; hire of passenger motor

24 vehicles; travel and transportation; care of the dead; recruit-
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1 ing; procurement of services, supplies, and equipment; and

2 communications, $208,811,000.

3 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

4 For expenses, not otherwise provided for, necessary for

5 the operation and maintenance, including training, organi6 zation, and administration, of the Air Force Reserve; repair

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

8 travel and transportation; care of the dead; recruiting; pro9 curement of services, supplies, and equipment; and commu10 nications, $2,624,300,000.

11 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

12 For expenses of training, organizing, and admin13 istering the Army National Guard, including medical and

14 hospital treatment and related expenses in non-Federal hos15 pitals; maintenance, operation, and repairs to structures

16 and facilities; hire of passenger motor vehicles; personnel

17 services in the National Guard Bureau; travel expenses

18 (other than mileage), as authorized by law for Army per19 sonnel on active duty, for Army National Guard division,

20 regimental, and battalion commanders while inspecting

21 units in compliance with National Guard Bureau regula22 tions when specifically authorized by the Chief, National

23 Guard Bureau; supplying and equipping the Army Na24 tional Guard as authorized by law; and expenses of repair,
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1 modification, maintenance, and issue of supplies and

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

3 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

4 For expenses of training, organizing, and admin5 istering the Air National Guard, including medical and

6 hospital treatment and related expenses in non-Federal hos7 pitals; maintenance, operation, and repairs to structures

8 and facilities; transportation of things, hire of passenger

9 motor vehicles; supplying and equipping the Air National

10 Guard, as authorized by law; expenses for repair, modifica11 tion, maintenance, and issue of supplies and equipment,

12 including those furnished from stocks under the control of

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

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

15 Air National Guard personnel on active Federal duty, for

16 Air National Guard commanders while inspecting units in

17 compliance with National Guard Bureau regulations when

18 specifically authorized by the Chief, National Guard Bu19 reau, $5,008,392,000.

20 UNITED STATES COURT OF APPEALS FOR THE ARMED

21 FORCES

22 For salaries and expenses necessary for the United

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

24 of which not to exceed $5,000 may be used for official rep25 resentation purposes.
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1 ENVIRONMENTAL RESTORATION, ARMY

2 (INCLUDING TRANSFER OF FUNDS)

3 For the Department of the Army, $413,794,000, to re4 main available until transferred: Provided, That the Sec5 retary of the Army shall, upon determining that such funds

6 are required for environmental restoration, reduction and

7 recycling of hazardous waste, removal of unsafe buildings

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

9 purposes, transfer the funds made available by this appro10 priation to other appropriations made available to the De11 partment of the Army, to be merged with and to be available

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

13 appropriations to which transferred: Provided further, That

14 upon a determination that all or part of the funds trans15 ferred from this appropriation are not necessary for the

16 purposes provided herein, such amounts may be transferred

17 back to this appropriation.

18 ENVIRONMENTAL RESTORATION, NAVY

19 (INCLUDING TRANSFER OF FUNDS)

20 For the Department of the Navy, $304,409,000, to re21 main available until transferred: Provided, That the Sec22 retary of the Navy shall, upon determining that such funds

23 are required for environmental restoration, reduction and

24 recycling of hazardous waste, removal of unsafe buildings

25 and debris of the Department of the Navy, or for similar
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1 purposes, transfer the funds made available by this appro2 priation to other appropriations made available to the De3 partment of the Navy, to be merged with and to be available

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

5 appropriations to which transferred: Provided further, That

6 upon a determination that all or part of the funds trans7 ferred from this appropriation are not necessary for the

8 purposes provided herein, such amounts may be transferred

9 back to this appropriation.

10 ENVIRONMENTAL RESTORATION, AIR FORCE

11 (INCLUDING TRANSFER OF FUNDS)

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

13 to remain available until transferred: Provided, That the

14 Secretary of the Air Force shall, upon determining that

15 such funds are required for environmental restoration, re16 duction and recycling of hazardous waste, removal of unsafe

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

18 or for similar purposes, transfer the funds made available

19 by this appropriation to other appropriations made avail20 able to the Department of the Air Force, to be merged with

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

22 time period as the appropriations to which transferred:

23 Provided further, That upon a determination that all or

24 part of the funds transferred from this appropriation are
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1 not necessary for the purposes provided herein, such

2 amounts may be transferred back to this appropriation.

3 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

4 (INCLUDING TRANSFER OF FUNDS)

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

6 available until transferred: Provided, That the Secretary of

7 Defense shall, upon determining that such funds are re8 quired for environmental restoration, reduction and recy9 cling of hazardous waste, removal of unsafe buildings and

10 debris of the Department of Defense, or for similar purposes,

11 transfer the funds made available by this appropriation to

12 other appropriations made available to the Department of

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

14 purposes and for the same time period as the appropria15 tions to which transferred: Provided further, That upon a

16 determination that all or part of the funds transferred from

17 this appropriation are not necessary for the purposes pro18 vided herein, such amounts may be transferred back to this

19 appropriation.

20 ENVIRONMENTAL RESTORATION, FORMERLY USED

21 DEFENSE SITES

22 (INCLUDING TRANSFER OF FUNDS)

23 For the Department of the Army, $282,790,000, to re24 main available until transferred: Provided, That the Sec25 retary of the Army shall, upon determining that such funds
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1 are required for environmental restoration, reduction and

2 recycling of hazardous waste, removal of unsafe buildings

3 and debris at sites formerly used by the Department of De4 fense, transfer the funds made available by this appropria5 tion to other appropriations made available to the Depart6 ment of the Army, to be merged with and to be available

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

8 appropriations to which transferred: Provided further, That

9 upon a determination that all or part of the funds trans10 ferred from this appropriation are not necessary for the

11 purposes provided herein, such amounts may be transferred

12 back to this appropriation.

13 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

14 For expenses relating to the Overseas Humanitarian,

15 Disaster, and Civic Aid programs of the Department of De16 fense (consisting of the programs provided under sections

17 401, 402, 404, 2557, and 2561 of title 10, United States

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

19 30, 2008.

20 FORMER SOVIET UNION THREAT REDUCTION ACCOUNT

21 For assistance to the republics of the former Soviet

22 Union, including assistance provided by contract or by

23 grants, for facilitating the elimination and the safe and se24 cure transportation and storage of nuclear, chemical and

25 other weapons; for establishing programs to prevent the pro-
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1 liferation of weapons, weapons components, and weapon2 related technology and expertise; for programs relating to

3 the training and support of defense and military personnel

4 for demilitarization and protection of weapons, weapons

5 components and weapons technology and expertise, and for

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

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

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

9 available only to support the dismantling and disposal of

10 nuclear submarines, submarine reactor components, and se11 curity enhancements for transport and storage of nuclear

12 warheads in the Russian Far East.

13 TITLE III

14 PROCUREMENT

15 AIRCRAFT PROCUREMENT, ARMY

16 For construction, procurement, production, modifica17 tion, and modernization of aircraft, equipment, including

18 ordnance, ground handling equipment, spare parts, and ac19 cessories therefor; specialized equipment and training de20 vices; expansion of public and private plants, including the

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

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

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

2 and other expenses necessary for the foregoing purposes,

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

4 September 30, 2009.

5 MISSILE PROCUREMENT, ARMY

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

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

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

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

15 machine tools in public and private plants; reserve plant

16 and Government and contractor-owned equipment layaway;

17 and other expenses necessary for the foregoing purposes,

18 $1,266,967,000, to remain available for obligation until

19 September 30, 2009.

20 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

21 VEHICLES, ARMY

22 For construction, procurement, production, and modi23 fication of weapons and tracked combat vehicles, equipment,

24 including ordnance, spare parts, and accessories therefor;

25 specialized equipment and training devices; expansion of
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1 public and private plants, including the land necessary

2 therefor, for the foregoing purposes, and such lands and in3 terests therein, may be acquired, and construction pros4 ecuted thereon prior to approval of title; and procurement

5 and installation of equipment, appliances, and machine

6 tools in public and private plants; reserve plant and Gov7 ernment and contractor-owned equipment layaway; and

8 other expenses necessary for the foregoing purposes,

9 $2,092,297,000, to remain available for obligation until

10 September 30, 2009.

11 PROCUREMENT OF AMMUNITION, ARMY

12 For construction, procurement, production, and modi13 fication of ammunition, and accessories therefor; specialized

14 equipment and training devices; expansion of public and

15 private plants, including ammunition facilities, authorized

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

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

18 lands and interests therein, may be acquired, and construc19 tion prosecuted thereon prior to approval of title; and pro20 curement and installation of equipment, appliances, and

21 machine tools in public and private plants; reserve plant

22 and Government and contractor-owned equipment layaway;

23 and other expenses necessary for the foregoing purposes,

24 $1,948,489,000, to remain available for obligation until

25 September 30, 2009.
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1 OTHER PROCUREMENT, ARMY

2 For construction, procurement, production, and modi3 fication of vehicles, including tactical, support, and non4 tracked combat vehicles; the purchase of passenger motor ve5 hicles for replacement only; and the purchase of 3 vehicles

6 required for physical security of personnel, notwithstanding

7 price limitations applicable to passenger vehicles but not

8 to exceed $255,000 per vehicle; communications and elec9 tronic equipment; other support equipment; spare parts,

10 ordnance, and accessories therefor; specialized equipment

11 and training devices; expansion of public and private

12 plants, including the land necessary therefor, for the fore13 going purposes, and such lands and interests therein, may

14 be acquired, and construction prosecuted thereon prior to

15 approval of title; and procurement and installation of

16 equipment, appliances, and machine tools in public and

17 private plants; reserve plant and Government and con18 tractor-owned equipment layaway; and other expenses nec19 essary for the foregoing purposes, $7,724,878,000, to remain

20 available for obligation until September 30, 2009.

21 AIRCRAFT PROCUREMENT, NAVY

22 For construction, procurement, production, modifica23 tion, and modernization of aircraft, equipment, including

24 ordnance, spare parts, and accessories therefor; specialized

25 equipment; expansion of public and private plants, includ-
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1 ing the land necessary therefor, and such lands and inter2 ests therein, may be acquired, and construction prosecuted

3 thereon prior to approval of title; and procurement and in4 stallation of equipment, appliances, and machine tools in

5 public and private plants; reserve plant and Government

6 and contractor-owned equipment layaway,

7 $10,135,249,000, to remain available for obligation until

8 September 30, 2009.

9 WEAPONS PROCUREMENT, NAVY

10 For construction, procurement, production, modifica11 tion, and modernization of missiles, torpedoes, other weap12 ons, and related support equipment including spare parts,

13 and accessories therefor; expansion of public and private

14 plants, including the land necessary therefor, and such

15 lands and interests therein, may be acquired, and construc16 tion prosecuted thereon prior to approval of title; and pro17 curement and installation of equipment, appliances, and

18 machine tools in public and private plants; reserve plant

19 and Government and contractor-owned equipment layaway,

20 $2,558,020,000, to remain available for obligation until

21 September 30, 2009.

22 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

23 CORPS

24 For construction, procurement, production, and modi25 fication of ammunition, and accessories therefor; specialized
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1 equipment and training devices; expansion of public and

2 private plants, including ammunition facilities, authorized

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

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

5 lands and interests therein, may be acquired, and construc6 tion prosecuted thereon prior to approval of title; and pro7 curement and installation of equipment, appliances, and

8 machine tools in public and private plants; reserve plant

9 and Government and contractor-owned equipment layaway;

10 and other expenses necessary for the foregoing purposes,

11 $799,943,000, to remain available for obligation until Sep12 tember 30, 2009.

13 SHIPBUILDING AND CONVERSION, NAVY

14 For expenses necessary for the construction, acquisi15 tion, or conversion of vessels as authorized by law, includ16 ing armor and armament thereof, plant equipment, appli17 ances, and machine tools and installation thereof in public

18 and private plants; reserve plant and Government and con19 tractor-owned equipment layaway; procurement of critical,

20 long leadtime components and designs for vessels to be con21 structed or converted in the future; and expansion of public

22 and private plants, including land necessary therefor, and

23 such lands and interests therein, may be acquired, and con24 struction prosecuted thereon prior to approval of title, as

25 follows:
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1 Carrier Replacement Program (AP),

2 $784,143,000;

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

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

5 CVN Refuelings, $954,495,000;

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

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

8 SSBN Submarine Refuelings (AP), $37,154,000;

9 DD(X), $2,568,111,000;

10 DDG–51 Destroyer, $355,849,000;

11 LCS, $300,670,000;

12 LPD–17 (AP), $297,492,000;

13 LHA–R, $1,135,917,000;

14 T–AGS Oceanographic Survey Ship,

15 $117,000,000;

16 LCAC Landing Craft Air Cushion,

17 $110,692,000;

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

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

20 For outfitting, post delivery, conversions, and

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

22 In all: $10,393,475,000, to remain available for obliga23 tion until September 30, 2011: Provided, That additional

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

25 engineering services, tests, evaluations, and other such budg-
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1 eted work that must be performed in the final stage of ship

2 construction: Provided further, That none of the funds pro3 vided under this heading for the construction or conversion

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

5 United States shall be expended in foreign facilities for the

6 construction of major components of such vessel: Provided

7 further, That none of the funds provided under this heading

8 shall be used for the construction of any naval vessel in

9 foreign shipyards.

10 OTHER PROCUREMENT, NAVY

11 For procurement, production, and modernization of

12 support equipment and materials not otherwise provided

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

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

15 of passenger motor vehicles for replacement only, and the

16 purchase of 10 vehicles required for physical security of per17 sonnel, notwithstanding price limitations applicable to pas18 senger vehicles but not to exceed $255,000 per vehicle; ex19 pansion of public and private plants, including the land

20 necessary therefor, and such lands and interests therein,

21 may be acquired, and construction prosecuted thereon prior

22 to approval of title; and procurement and installation of

23 equipment, appliances, and machine tools in public and

24 private plants; reserve plant and Government and con-
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HR 5631 EAS

1 tractor-owned equipment layaway, $4,731,831,000, to re2 main available for obligation until September 30, 2009.

3 PROCUREMENT, MARINE CORPS

4 For expenses necessary for the procurement, manufac5 ture, and modification of missiles, armament, military

6 equipment, spare parts, and accessories therefor; plant

7 equipment, appliances, and machine tools, and installation

8 thereof in public and private plants; reserve plant and Gov9 ernment and contractor-owned equipment layaway; vehicles

10 for the Marine Corps, including the purchase of passenger

11 motor vehicles for replacement only; and expansion of pub12 lic and private plants, including land necessary therefor,

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

14 construction prosecuted thereon prior to approval of title,

15 $1,151,318,000, to remain available for obligation until

16 September 30, 2009.

17 AIRCRAFT PROCUREMENT, AIR FORCE

18 For construction, procurement, and modification of

19 aircraft and equipment, including armor and armament,

20 specialized ground handling equipment, and training de21 vices, spare parts, and accessories therefor; specialized

22 equipment; expansion of public and private plants, Govern23 ment-owned equipment and installation thereof in such

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

25 the foregoing purposes, and such lands and interests therein,
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1 may be acquired, and construction prosecuted thereon prior

2 to approval of title; reserve plant and Government and con3 tractor-owned equipment layaway; and other expenses nec4 essary for the foregoing purposes including rents and trans5 portation of things, $11,096,406,000, to remain available

6 for obligation until September 30, 2009.

7 MISSILE PROCUREMENT, AIR FORCE

8 For construction, procurement, and modification of

9 missiles, spacecraft, rockets, and related equipment, includ10 ing spare parts and accessories therefor, ground handling

11 equipment, and training devices; expansion of public and

12 private plants, Government-owned equipment and installa13 tion thereof in such plants, erection of structures, and ac14 quisition of land, for the foregoing purposes, and such lands

15 and interests therein, may be acquired, and construction

16 prosecuted thereon prior to approval of title; reserve plant

17 and Government and contractor-owned equipment layaway;

18 and other expenses necessary for the foregoing purposes in19 cluding rents and transportation of things, $3,975,407,000,

20 to remain available for obligation until September 30,

21 2009.

22 PROCUREMENT OF AMMUNITION, AIR FORCE

23 For construction, procurement, production, and modi24 fication of ammunition, and accessories therefor; specialized

25 equipment and training devices; expansion of public and
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1 private plants, including ammunition facilities, authorized

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

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

4 lands and interests therein, may be acquired, and construc5 tion prosecuted thereon prior to approval of title; and pro6 curement and installation of equipment, appliances, and

7 machine tools in public and private plants; reserve plant

8 and Government and contractor-owned equipment layaway;

9 and other expenses necessary for the foregoing purposes,

10 $1,046,802,000, to remain available for obligation until

11 September 30, 2009.

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), and

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

17 provided for; the purchase of passenger motor vehicles for

18 replacement only, and the purchase of 2 vehicles required

19 for physical security of personnel, notwithstanding price

20 limitations applicable to passenger vehicles but not to ex21 ceed $255,000 per vehicle; lease of passenger motor vehicles;

22 and expansion of public and private plants, Government23 owned equipment and installation thereof in such plants,

24 erection of structures, and acquisition of land, for the fore25 going purposes, and such lands and interests therein, may
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HR 5631 EAS

1 be acquired, and construction prosecuted thereon, prior to

2 approval of title; reserve plant and Government and con3 tractor-owned equipment layaway, $15,510,286,000, to re4 main available for obligation until September 30, 2009.

5 PROCUREMENT, DEFENSE-WIDE

6 For expenses of activities and agencies of the Depart7 ment of Defense (other than the military departments) nec8 essary for procurement, production, and modification of

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

10 not otherwise provided for; the purchase of passenger motor

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

12 required for physical security of personnel, notwithstanding

13 prior limitations applicable to passenger vehicles but not

14 to exceed $255,000 per vehicle; expansion of public and pri15 vate plants, equipment, and installation thereof in such

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

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

18 may be acquired, and construction prosecuted thereon prior

19 to approval of title; reserve plant and Government and con20 tractor-owned equipment layaway, $2,763,071,000, to re21 main available for obligation until September 30, 2009.

22 NATIONAL GUARD AND RESERVE EQUIPMENT

23 For procurement of aircraft, missiles, tracked combat

24 vehicles, ammunition, other weapons, and other procure25 ment for the reserve components of the Armed Forces,
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1 $340,000,000, to remain available for obligation until Sep2 tember 30, 2009: Provided, That the Chiefs of the Reserve

3 and National Guard components shall, not later than 30

4 days after the enactment of this Act, individually submit

5 to the congressional defense committees the modernization

6 priority assessment for their respective Reserve or National

7 Guard component.

8 DEFENSE PRODUCTION ACT PURCHASES

9 For activities by the Department of Defense pursuant

10 to sections 108, 301, 302, and 303 of the Defense Production

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

12 $68,884,000, to remain available until expended.

13 TITLE IV

14 RESEARCH, DEVELOPMENT, TEST AND

15 EVALUATION

16 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

17 For expenses necessary for basic and applied scientific

18 research, development, test and evaluation, including main19 tenance, rehabilitation, lease, and operation of facilities

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

21 obligation until September 30, 2008.

22 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

23 For expenses necessary for basic and applied scientific

24 research, development, test and evaluation, including main25 tenance, rehabilitation, lease, and operation of facilities
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1 and equipment, $17,048,238,000, to remain available for

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

3 appropriated in this paragraph which are available for the

4 V–22 may be used to meet unique operational requirements

5 of the Special Operations Forces: Provided further, That

6 funds appropriated in this paragraph shall be available for

7 the Cobra Judy program.

8 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR

9 FORCE

10 For expenses necessary for basic and applied scientific

11 research, development, test and evaluation, including main12 tenance, rehabilitation, lease, and operation of facilities

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

14 obligation until September 30, 2008.

15 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

16 DEFENSE-WIDE

17 For expenses of activities and agencies of the Depart18 ment of Defense (other than the military departments), nec19 essary for basic and applied scientific research, develop20 ment, test and evaluation; advanced research projects as

21 may be designated and determined by the Secretary of De22 fense, pursuant to law; maintenance, rehabilitation, lease,

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

24 to remain available for obligation until September 30,

25 2008.
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1 OPERATIONAL TEST AND EVALUATION, DEFENSE

2 For expenses, not otherwise provided for, necessary for

3 the independent activities of the Director, Operational Test

4 and Evaluation, in the direction and supervision of oper5 ational test and evaluation, including initial operational

6 test and evaluation which is conducted prior to, and in sup7 port of, production decisions; joint operational testing and

8 evaluation; and administrative expenses in connection

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

10 until September 30, 2008.

11 TITLE V

12 REVOLVING AND MANAGEMENT FUNDS

13 DEFENSE WORKING CAPITAL FUNDS

14 For the Defense Working Capital Funds,

15 $1,345,998,000.

16 NATIONAL DEFENSE SEALIFT FUND

17 For National Defense Sealift Fund programs, projects,

18 and activities, and for expenses of the National Defense Re19 serve Fleet, as established by section 11 of the Merchant

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

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

22 merchant fleet to serve the national security needs of the

23 United States, $616,932,000, to remain available until ex24 pended: Provided, That none of the funds provided in this

25 paragraph shall be used to award a new contract that pro-
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HR 5631 EAS

1 vides for the acquisition of any of the following major com2 ponents unless such components are manufactured in the

3 United States: auxiliary equipment, including pumps, for

4 all shipboard services; propulsion system components (that

5 is; engines, reduction gears, and propellers); shipboard

6 cranes; and spreaders for shipboard cranes: Provided fur7 ther, That the exercise of an option in a contract awarded

8 through the obligation of previously appropriated funds

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

10 Provided further, That the Secretary of the military depart11 ment responsible for such procurement may waive the re12 strictions in the first proviso on a case-by-case basis by cer13 tifying in writing to the Committees on Appropriations of

14 the House of Representatives and the Senate that adequate

15 domestic supplies are not available to meet Department of

16 Defense requirements on a timely basis and that such an

17 acquisition must be made in order to acquire capability for

18 national security purposes.

19 PENTAGON RESERVATION MAINTENANCE REVOLVING FUND

20 For the Pentagon Reservation Maintenance Revolving

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

22 2011.
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1 TITLE VI

2 OTHER DEPARTMENT OF DEFENSE PROGRAMS

3 DEFENSE HEALTH PROGRAM

4 For expenses, not otherwise provided for, for medical

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

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

7 $20,544,605,000 shall be for Operation and maintenance,

8 and of which up to $10,887,784,000 may be available for

9 contracts entered into under the TRICARE program; of

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

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

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

13 until September 30, 2008, shall be for Research, develop14 ment, test and evaluation.

15 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, ARMY

16 For expenses, not otherwise provided for, necessary for

17 the destruction of the United States stockpile of lethal chem18 ical agents and munitions, to include construction of facili19 ties, in accordance with the provisions of section 1412 of

20 the Department of Defense Authorization Act, 1986 (50

21 U.S.C. 1521), and for the destruction of other chemical war22 fare materials that are not in the chemical weapon stock23 pile, $1,277,304,000, of which $1,046,290,000 shall be for

24 Operation and maintenance; $231,014,000 shall be for Re25 search, development, test and evaluation, of which
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HR 5631 EAS

1 $215,944,000 shall only be for the Assembled Chemical

2 Weapons Alternatives (ACWA) program, to remain avail3 able until September 30, 2008; and no less than

4 $111,283,000 may be for the Chemical Stockpile Emergency

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

6 activities on military installations and of which

7 $70,209,000, to remain available until September 30, 2008,

8 shall be to assist State and local governments.

9 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,

10 DEFENSE

11 (INCLUDING TRANSFER OF FUNDS)

12 For drug interdiction and counter-drug activities of

13 the Department of Defense, for transfer to appropriations

14 available to the Department of Defense for military per15 sonnel of the reserve components serving under the provi16 sions of title 10 and title 32, United States Code; for Oper17 ation and maintenance; for Procurement; and for Research,

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

19 That the funds appropriated under this heading shall be

20 available for obligation for the same time period and for

21 the same purpose as the appropriation to which transferred:

22 Provided further, That upon a determination that all or

23 part of the funds transferred from this appropriation are

24 not necessary for the purposes provided herein, such

25 amounts may be transferred back to this appropriation:
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1 Provided further, That the transfer authority provided

2 under this heading is in addition to any other transfer au3 thority contained elsewhere in this Act.

4 OFFICE OF THE INSPECTOR GENERAL

5 For expenses and activities of the Office of the Inspec6 tor General in carrying out the provisions of the Inspector

7 General Act of 1978, as amended, $216,297,000, of which

8 $214,897,000 shall be for Operation and maintenance, of

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

10 and extraordinary expenses to be expended on the approval

11 or authority of the Inspector General, and payments may

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

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

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

15 Procurement.

16 TITLE VII

17 RELATED AGENCIES

18 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

19 DISABILITY SYSTEM FUND

20 For payment to the Central Intelligence Agency Retire21 ment and Disability System Fund, to maintain the proper

22 funding level for continuing the operation of the Central

23 Intelligence Agency Retirement and Disability System,

24 $256,400,000.
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1 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

2 (INCLUDING TRANSFER OF FUNDS)

3 For necessary expenses of the Intelligence Community

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

5 for the Advanced Research and Development Committee

6 shall remain available until September 30, 2008: Provided,

7 That the Director of National Intelligence shall, utilizing

8 amounts appropriated by this heading, prepare as soon as

9 practicable but not later than 90 days after the date of en10 actment of this Act, a new National Intelligence Estimate

11 on prospects for security and stability in Iraq, which shall

12 address such matters as the Director of National Intel13 ligence considers appropriate, including (1) an assessment

14 of whether Iraq is succeeding in creating a stable and effec15 tive unity government, and the likelihood that government

16 will address the concerns of the Sunni community, (2) the

17 prospects for Iraq’s ethnic, religious and tribal divisions,

18 (3) the prospects for controlling severe sectarian violence

19 that could lead to civil war, (4) an assessment whether Iraq

20 is succeeding in standing up effective security forces, in21 cluding an assessment of (A) the extent to which militias

22 are providing security in Iraq, and (B) the extent to which

23 the Government of Iraq has developed and implemented a

24 credible plan to disarm and demobilize and reintegrate mi25 litias into government security forces and is working to ob-
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HR 5631 EAS

1 tain a political commitment from political parties to ban

2 militias, and (5) the prospects for economic reconstruction

3 and the impact that will have on security and stability:

4 Provided further, That the Director of National Intelligence

5 shall submit to Congress the National Intelligence Estimate

6 prepared under the preceding proviso and this document

7 shall be submitted in classified form, except that, consistent

8 with the protection of intelligence sources and methods, an

9 unclassified summary of key judgments of the National In10 telligence Estimate should be submitted: Provided further,

11 That if the Director of National Intelligence is unable to

12 submit the National Intelligence Estimate by the date speci13 fied in the preceding proviso, the Director shall submit to

14 Congress, not later than that date, a report setting forth

15 the reasons for being unable to do so and the date on which

16 such National Intelligence Estimate will be provided.

17 TITLE VIII

18 GENERAL PROVISIONS

19 SEC. 8001. No part of any appropriation contained

20 in this Act shall be used for publicity or propaganda pur21 poses not authorized by the Congress.

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

23 of law prohibiting the payment of compensation to, or em24 ployment of, any person not a citizen of the United States

25 shall not apply to personnel of the Department of Defense:
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1 Provided, That salary increases granted to direct and indi2 rect hire foreign national employees of the Department of

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

4 of the percentage increase authorized by law for civilian

5 employees of the Department of Defense whose pay is com6 puted under the provisions of section 5332 of title 5, United

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

8 provided by the appropriate host nation to its own employ9 ees, whichever is higher: Provided further, That this section

10 shall not apply to Department of Defense foreign service

11 national employees serving at United States diplomatic

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

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

14 limitations of this provision shall not apply to foreign na15 tional employees of the Department of Defense in the Re16 public of Turkey.

17 SEC. 8003. No part of any appropriation contained

18 in this Act shall remain available for obligation beyond the

19 current fiscal year, unless expressly so provided herein.

20 SEC. 8004. No more than 20 percent of the appropria21 tions in this Act which are limited for obligation during

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

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

24 not apply to obligations for support of active duty training
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1 of reserve components or summer camp training of the Re2 serve Officers’ Training Corps.

3 (TRANSFER OF FUNDS)

4 SEC. 8005. Upon determination by the Secretary of

5 Defense that such action is necessary in the national inter6 est, he may, with the approval of the Office of Management

7 and Budget, transfer not to exceed $4,500,000,000 of work8 ing capital funds of the Department of Defense or funds

9 made available in this Act to the Department of Defense

10 for military functions (except military construction) be11 tween such appropriations or funds or any subdivision

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

13 purposes, and for the same time period, as the appropria14 tion or fund to which transferred: Provided, That such au15 thority to transfer may not be used unless for higher pri16 ority items, based on unforeseen military requirements,

17 than those for which originally appropriated and in no case

18 where the item for which funds are requested has been de19 nied by the Congress: Provided further, That the Secretary

20 of Defense shall notify the Congress promptly of all transfers

21 made pursuant to this authority or any other authority in

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

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

24 to the Committees on Appropriations for reprogramming

25 of funds, unless for higher priority items, based on unfore26 seen military requirements, than those for which originally
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HR 5631 EAS

1 appropriated and in no case where the item for which re2 programming is requested has been denied by the Congress:

3 Provided further, That a request for multiple

4 reprogrammings of funds using authority provided in this

5 section must be made prior to June 30, 2007: Provided fur6 ther, That transfers among military personnel appropria7 tions shall not be taken into account for purposes of the

8 limitation on the amount of funds that may be transferred

9 under this section.

10 (TRANSFER OF FUNDS)

11 SEC. 8006. During the current fiscal year, cash bal12 ances in working capital funds of the Department of De13 fense established pursuant to section 2208 of title 10, United

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

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

16 from such funds: Provided, That transfers may be made be17 tween such funds: Provided further, That transfers may be

18 made between working capital funds and the ‘‘Foreign Cur19 rency Fluctuations, Defense’’ appropriation and the ‘‘Oper20 ation and Maintenance’’ appropriation accounts in such

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

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

23 except that such transfers may not be made unless the Sec24 retary of Defense has notified the Congress of the proposed

25 transfer. Except in amounts equal to the amounts appro26 priated to working capital funds in this Act, no obligations
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HR 5631 EAS

1 may be made against a working capital fund to procure

2 or increase the value of war reserve material inventory, un3 less the Secretary of Defense has notified the Congress prior

4 to any such obligation.

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

6 be used to initiate a special access program without prior

7 notification 30 calendar days in session in advance to the

8 congressional defense committees.

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

10 be available to initiate: (1) a multiyear contract that em11 ploys economic order quantity procurement in excess of

12 $20,000,000 in any one year of the contract or that includes

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

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

15 multiyear contract that employs economic order quantity

16 procurement in excess of $20,000,000 in any one year, un17 less the congressional defense committees have been notified

18 at least 30 days in advance of the proposed contract award:

19 Provided, That no part of any appropriation contained in

20 this Act shall be available to initiate a multiyear contract

21 for which the economic order quantity advance procurement

22 is not funded at least to the limits of the Government’s li23 ability: Provided further, That no part of any appropria24 tion contained in this Act shall be available to initiate

25 multiyear procurement contracts for any systems or compo-
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HR 5631 EAS

1 nent thereof if the value of the multiyear contract would

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

3 Provided further, That no multiyear procurement contract

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

5 congressional defense committees: Provided further, That the

6 execution of multiyear authority shall require the use of a

7 present value analysis to determine lowest cost compared

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

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

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

11 unless in the case of any such contract—

12 (1) the Secretary of Defense has submitted to

13 Congress a budget request for full funding of units to

14 be procured through the contract;

15 (2) cancellation provisions in the contract do not

16 include consideration of recurring manufacturing

17 costs of the contractor associated with the production

18 of unfunded units to be delivered under the contract;

19 (3) the contract provides that payments to the

20 contractor under the contract shall not be made in

21 advance of incurred costs on funded units; and

22 (4) the contract does not provide for a price ad23 justment based on a failure to award a follow-on con24 tract.
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HR 5631 EAS

1 Funds appropriated in title III of this Act may be

2 used for a multiyear procurement contract as follows:

3 C–17 Globemaster;

4 F–22A;

5 MH–60R Helicopters;

6 MH–60R Helicopter mission equipment; and

7 V–22 Osprey.

8 SEC. 8009. Within the funds appropriated for the oper9 ation and maintenance of the Armed Forces, funds are here10 by appropriated pursuant to section 401 of title 10, United

11 States Code, for humanitarian and civic assistance costs

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

13 may also be obligated for humanitarian and civic assist14 ance costs incidental to authorized operations and pursuant

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

16 10, United States Code, and these obligations shall be re17 ported as required by section 401(d) of title 10, United

18 States Code: Provided, That funds available for operation

19 and maintenance shall be available for providing humani20 tarian and similar assistance by using Civic Action Teams

21 in the Trust Territories of the Pacific Islands and freely

22 associated states of Micronesia, pursuant to the Compact

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

24 Provided further, That upon a determination by the Sec25 retary of the Army that such action is beneficial for grad-
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HR 5631 EAS

1 uate medical education programs conducted at Army med2 ical facilities located in Hawaii, the Secretary of the Army

3 may authorize the provision of medical services at such fa4 cilities and transportation to such facilities, on a non5 reimbursable basis, for civilian patients from American

6 Samoa, the Commonwealth of the Northern Mariana Is7 lands, the Marshall Islands, the Federated States of Micro8 nesia, Palau, and Guam.

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

10 personnel of the Department of Defense may not be man11 aged on the basis of any end-strength, and the management

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

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

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

15 the last day of such fiscal year.

16 (b) The fiscal year 2008 budget request for the Depart17 ment of Defense as well as all justification material and

18 other documentation supporting the fiscal year 2008 De19 partment of Defense budget request shall be prepared and

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

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

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

23 to military (civilian) technicians.

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

25 any other Act may be used to initiate a new installation
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HR 5631 EAS

1 overseas without 30-day advance notification to the Com2 mittees on Appropriations.

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

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

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

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

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

10 and receiving benefits paid by the Secretary of Veterans Af11 fairs from the Department of Defense Education Benefits

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

13 toward completion of a service commitment: Provided, That

14 this subsection shall not apply to those members who have

15 reenlisted with this option prior to October 1, 1987: Pro16 vided further, That this subsection applies only to active

17 components of the Army.

18 SEC. 8014. (a) LIMITATION ON CONVERSION TO CON19 TRACTOR PERFORMANCE.—None of the funds appropriated

20 by this Act shall be available to convert to contractor per21 formance an activity or function of the Department of De22 fense that, on or after the date of the enactment of this Act,

23 is performed by more than 10 Department of Defense civil24 ian employees unless—
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HR 5631 EAS

1 (1) the conversion is based on the result of a pub2 lic-private competition that includes a most efficient

3 and cost effective organization plan developed by such

4 activity or function;

5 (2) the Competitive Sourcing Official determines

6 that, over all performance periods stated in the solici7 tation of offers for performance of the activity or

8 function, the cost of performance of the activity or

9 function by a contractor would be less costly to the

10 Department of Defense by an amount that equals or

11 exceeds the lesser of—

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

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

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

17 (3) the contractor does not receive an advantage

18 for a proposal that would reduce costs for the Depart19 ment of Defense by—

20 (A) not making an employer-sponsored

21 health insurance plan available to the workers

22 who are to be employed in the performance of

23 that activity or function under the contract;

24 (B) offering to such workers an employer25 sponsored health benefits plan that requires the
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HR 5631 EAS

1 employer to contribute less towards the premium

2 or subscription share than the amount that is

3 paid by the Department of Defense for health

4 benefits for civilian employees under chapter 89

5 of title 5, United States Code; or

6 (C) offering to such workers a retirement

7 benefit that in any year costs less than the an8 nual retirement cost factor applicable to Depart9 ment of Defense civilian employees under chapter

10 84 of title 5, United States Code.

11 (b) EXCEPTIONS.—

12 (1) The Department of Defense, without regard

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

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

15 and notwithstanding any administrative regulation,

16 requirement, or policy to the contrary shall have full

17 authority to enter into a contract for the performance

18 of any commercial or industrial type function of the

19 Department of Defense that—

20 (A) is included on the procurement list es21 tablished pursuant to section 2 of the Javits22 Wagner-O’Day Act (41 U.S.C. 47);

23 (B) is planned to be converted to perform24 ance by a qualified nonprofit agency for the

25 blind or by a qualified nonprofit agency for
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HR 5631 EAS

1 other severely handicapped individuals in ac2 cordance with that Act; or

3 (C) is planned to be converted to perform4 ance by a qualified firm under at least 51 per5 cent ownership by an Indian tribe, as defined in

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

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

8 450b(e)), or a Native Hawaiian Organization, as

9 defined in section 8(a)(15) of the Small Business

10 Act (15 U.S.C. 637(a)(15)).

11 (2) This section shall not apply to depot con12 tracts or contracts for depot maintenance as provided

13 in sections 2469 and 2474 of title 10, United States

14 Code.

15 (c) TREATMENT OF CONVERSION.—The conversion of

16 any activity or function of the Department of Defense under

17 the authority provided by this section shall be credited to18 ward any competitive or outsourcing goal, target, or meas19 urement that may be established by statute, regulation, or

20 policy and is deemed to be awarded under the authority

21 of, and in compliance with, subsection (h) of section 2304

22 of title 10, United States Code, for the competition or

23 outsourcing of commercial activities.

24 (TRANSFER OF FUNDS)

25 SEC. 8015. Funds appropriated in title III of this Act

26 for the Department of Defense Pilot Mentor-Protege Pro-
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1 gram may be transferred to any other appropriation con2 tained in this Act solely for the purpose of implementing

3 a Mentor-Protege Program developmental assistance agree4 ment pursuant to section 831 of the National Defense Au5 thorization Act for Fiscal Year 1991 (Public Law 101–510;

6 10 U.S.C. 2302 note), as amended, under the authority of

7 this provision or any other transfer authority contained in

8 this Act.

9 SEC. 8016. None of the funds in this Act may be avail10 able for the purchase by the Department of Defense (and

11 its departments and agencies) of welded shipboard anchor

12 and mooring chain 4 inches in diameter and under unless

13 the anchor and mooring chain are manufactured in the

14 United States from components which are substantially

15 manufactured in the United States: Provided, That for the

16 purpose of this section manufactured will include cutting,

17 heat treating, quality control, testing of chain and welding

18 (including the forging and shot blasting process): Provided

19 further, That for the purpose of this section substantially

20 all of the components of anchor and mooring chain shall

21 be considered to be produced or manufactured in the United

22 States if the aggregate cost of the components produced or

23 manufactured in the United States exceeds the aggregate

24 cost of the components produced or manufactured outside

25 the United States: Provided further, That when adequate
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1 domestic supplies are not available to meet Department of

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

3 service responsible for the procurement may waive this re4 striction on a case-by-case basis by certifying in writing

5 to the Committees on Appropriations that such an acquisi6 tion must be made in order to acquire capability for na7 tional security purposes.

8 SEC. 8017. None of the funds available to the Depart9 ment of Defense may be used to demilitarize or dispose of

10 M–1 Carbines, M–1 Garand rifles, M–14 rifles, .22 caliber

11 rifles, .30 caliber rifles, or M–1911 pistols.

12 SEC. 8018. None of the funds appropriated by this Act

13 available for the Civilian Health and Medical Program of

14 the Uniformed Services (CHAMPUS) or TRICARE shall

15 be available for the reimbursement of any health care pro16 vider for inpatient mental health service for care received

17 when a patient is referred to a provider of inpatient mental

18 health care or residential treatment care by a medical or

19 health care professional having an economic interest in the

20 facility to which the patient is referred: Provided, That this

21 limitation does not apply in the case of inpatient mental

22 health services provided under the program for persons with

23 disabilities under subsection (d) of section 1079 of title 10,

24 United States Code, provided as partial hospital care, or

25 provided pursuant to a waiver authorized by the Secretary
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1 of Defense because of medical or psychological circumstances

2 of the patient that are confirmed by a health professional

3 who is not a Federal employee after a review, pursuant to

4 rules prescribed by the Secretary, which takes into account

5 the appropriate level of care for the patient, the intensity

6 of services required by the patient, and the availability of

7 that care.

8 SEC. 8019. No more than $500,000 of the funds appro9 priated or made available in this Act shall be used during

10 a single fiscal year for any single relocation of an organiza11 tion, unit, activity or function of the Department of Defense

12 into or within the National Capital Region: Provided, That

13 the Secretary of Defense may waive this restriction on a

14 case-by-case basis by certifying in writing to the congres15 sional defense committees that such a relocation is required

16 in the best interest of the Government.

17 SEC. 8020. In addition to the funds provided elsewhere

18 in this Act, $8,000,000 is appropriated only for incentive

19 payments authorized by section 504 of the Indian Financ20 ing Act of 1974 (25 U.S.C. 1544): Provided, That a prime

21 contractor or a subcontractor at any tier that makes a sub22 contract award to any subcontractor or supplier as defined

23 in section 1544 of title 25, United States Code or a small

24 business owned and controlled by an individual or individ25 uals defined under section 4221(9) of title 25, United States
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1 Code shall be considered a contractor for the purposes of

2 being allowed additional compensation under section 504

3 of the Indian Financing Act of 1974 (25 U.S.C. 1544)

4 whenever the prime contract or subcontract amount is over

5 $500,000 and involves the expenditure of funds appro6 priated by an Act making Appropriations for the Depart7 ment of Defense with respect to any fiscal year: Provided

8 further, That notwithstanding section 430 of title 41,

9 United States Code, this section shall be applicable to any

10 Department of Defense acquisition of supplies or services,

11 including any contract and any subcontract at any tier for

12 acquisition of commercial items produced or manufactured,

13 in whole or in part by any subcontractor or supplier de14 fined in section 1544 of title 25, United States Code or a

15 small business owned and controlled by an individual or

16 individuals defined under section 4221(9) of title 25,

17 United States Code: Provided further, That, during the cur18 rent fiscal year and hereafter, businesses certified as 8(a)

19 by the Small Business Administration pursuant to section

20 8(a)(15) of Public Law 85–536, as amended, shall have the

21 same status as other program participants under section

22 602 of Public Law 100–656, 102 Stat. 3825 (Business Op23 portunity Development Reform Act of 1988) for purposes

24 of contracting with agencies of the Department of Defense.
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1 SEC. 8021. None of the funds appropriated by this Act

2 shall be available to perform any cost study pursuant to

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

4 performed exceeds a period of 24 months after initiation

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

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

8 SEC. 8022. Funds appropriated by this Act for the

9 American Forces Information Service shall not be used for

10 any national or international political or psychological ac11 tivities.

12 SEC. 8023. Notwithstanding any other provision of

13 law or regulation, the Secretary of Defense may adjust wage

14 rates for civilian employees hired for certain health care

15 occupations as authorized for the Secretary of Veterans Af16 fairs by section 7455 of title 38, United States Code.

17 SEC. 8024. During the current fiscal year, the Depart18 ment of Defense is authorized to incur obligations of not

19 to exceed $350,000,000 for purposes specified in section

20 2350j(c) of title 10, United States Code, in anticipation of

21 receipt of contributions, only from the Government of Ku22 wait, under that section: Provided, That upon receipt, such

23 contributions from the Government of Kuwait shall be cred24 ited to the appropriations or fund which incurred such obli25 gations.
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1 SEC. 8025. (a) Of the funds made available in this

2 Act, not less than $35,975,000 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 ‘‘Aircraft

10 Procurement, Air Force’’; and

11 (3) $695,000 shall be available from ‘‘Other Pro12 curement, 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. 8026. (a) None of the funds appropriated in this

18 Act are available to establish a new Department of Defense

19 (department) federally funded research and development

20 center (FFRDC), either as a new entity, or as a separate

21 entity administrated by an organization managing another

22 FFRDC, or as a nonprofit membership corporation con23 sisting of a consortium of other FFRDCs and other non24 profit entities.
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1 (b) No member of a Board of Directors, Trustees, Over2 seers, Advisory Group, Special Issues Panel, Visiting Com3 mittee, or any similar entity of a defense FFRDC, and no

4 paid consultant to any defense FFRDC, except when acting

5 in a technical advisory capacity, may be compensated for

6 his or her services as a member of such entity, or as a paid

7 consultant by more than one FFRDC in a fiscal year: Pro8 vided, That a member of any such entity referred to pre9 viously in this subsection shall be allowed travel expenses

10 and per diem as authorized under the Federal Joint Travel

11 Regulations, when engaged in the performance of member12 ship 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 construction

17 of new buildings, for payment of cost sharing for projects

18 funded by Government grants, for absorption of contract

19 overruns, or for certain charitable contributions, not to in20 clude employee participation in community service and/or

21 development.

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

23 funds available to the department during fiscal year 2007,

24 not more than 5,517 staff years of technical effort (staff

25 years) may be funded for defense FFRDCs: Provided, That
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1 of the specific amount referred to previously in this sub2 section, not more than 1,050 staff years may be funded for

3 the defense studies and analysis FFRDCs: Provided further,

4 That this subsection shall not apply to staff years funded

5 in the National Intelligence Program (NIP).

6 (e) The Secretary of Defense shall, with the submission

7 of the department’s fiscal year 2008 budget request, submit

8 a report presenting the specific amounts of staff years of

9 technical effort to be allocated for each defense FFRDC dur10 ing that fiscal year.

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

12 the total amount appropriated in this Act for FFRDCs is

13 hereby reduced by $53,200,000.

14 SEC. 8027. None of the funds appropriated or made

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

16 or armor steel plate for use in any Government-owned facil17 ity or property under the control of the Department of De18 fense which were not melted and rolled in the United States

19 or Canada: Provided, That these procurement restrictions

20 shall apply to any and all Federal Supply Class 9515,

21 American Society of Testing and Materials (ASTM) or

22 American Iron and Steel Institute (AISI) specifications of

23 carbon, alloy or armor steel plate: Provided further, That

24 the Secretary of the military department responsible for the

25 procurement may waive this restriction on a case-by-case
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1 basis by certifying in writing to the Committees on Appro2 priations of the House of Representatives and the Senate

3 that adequate domestic supplies are not available to meet

4 Department of Defense requirements on a timely basis and

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

6 capability for national security purposes: Provided further,

7 That these restrictions shall not apply to contracts which

8 are in being as of the date of the enactment of this Act.

9 SEC. 8028. For the purposes of this Act, the term ‘‘con10 gressional defense committees’’ means the Armed Services

11 Committee of the House of Representatives, the Armed Serv12 ices Committee of the Senate, the Subcommittee on Defense

13 of the Committee on Appropriations of the Senate, and the

14 Subcommittee on Defense of the Committee on Appropria15 tions of the House of Representatives. In addition, for any

16 matter pertaining to basic allowance for housing, facilities

17 sustainment, restoration and modernization, environmental

18 restoration and the Defense Health Program, ‘‘congressional

19 defense committees’’ also means the Subcommittee on Mili20 tary Quality of Life and Veterans Affairs, and Related

21 Agencies of the Committee on Appropriations of the House

22 of Representatives.

23 SEC. 8029. During the current fiscal year, the Depart24 ment of Defense may acquire the modification, depot main25 tenance and repair of aircraft, vehicles and vessels as well
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1 as the production of components and other Defense-related

2 articles, through competition between Department of De3 fense depot maintenance activities and private firms: Pro4 vided, That the Senior Acquisition Executive of the military

5 department or Defense Agency concerned, with power of del6 egation, shall certify that successful bids include comparable

7 estimates of all direct and indirect costs for both public and

8 private bids: Provided further, That Office of Management

9 and Budget Circular A–76 shall not apply to competitions

10 conducted under this section.

11 SEC. 8030. (a)(1) If the Secretary of Defense, after con12 sultation with the United States Trade Representative, de13 termines that a foreign country which is party to an agree14 ment described in paragraph (2) has violated the terms of

15 the agreement by discriminating against certain types of

16 products produced in the United States that are covered by

17 the agreement, the Secretary of Defense shall rescind the

18 Secretary’s blanket waiver of the Buy American Act with

19 respect to such types of products produced in that foreign

20 country.

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

22 reciprocal defense procurement memorandum of under23 standing, between the United States and a foreign country

24 pursuant to which the Secretary of Defense has prospec-
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1 tively waived the Buy American Act for certain products

2 in that country.

3 (b) The Secretary of Defense shall submit to the Con4 gress a report on the amount of Department of Defense pur5 chases from foreign entities in fiscal year 2007. Such report

6 shall separately indicate the dollar value of items for which

7 the Buy American Act was waived pursuant to any agree8 ment described in subsection (a)(2), the Trade Agreement

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

10 agreement to which the United States is a party.

11 (c) For purposes of this section, the term ‘‘Buy Amer12 ican Act’’ means title III of the Act entitled ‘‘An Act mak13 ing appropriations for the Treasury and Post Office De14 partments for the fiscal year ending June 30, 1934, and

15 for other purposes’’, approved March 3, 1933 (41 U.S.C.

16 10a et seq.).

17 SEC. 8031. Notwithstanding any other provision of

18 law, funds available during the current fiscal year and

19 hereafter for ‘‘Drug Interdiction and Counter-Drug Activi20 ties, Defense’’ may be obligated for the Young Marines pro21 gram.

22 (INCLUDING TRANSFER OF FUNDS)

23 SEC. 8032. During the current fiscal year, amounts

24 contained in the Department of Defense Overseas Military

25 Facility Investment Recovery Account established by section

26 2921(c)(1) of the National Defense Authorization Act of
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1 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall be

2 available until expended for the payments specified by sec3 tion 2921(c)(2) of that Act.

4 SEC. 8033. (a) IN GENERAL.—Notwithstanding any

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

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

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

8 South Dakota, Montana, and Minnesota relocatable mili9 tary housing units located at Grand Forks Air Force Base

10 and Minot Air Force Base that are excess to the needs of

11 the Air Force.

12 (b) PROCESSING OF REQUESTS.—The Secretary of the

13 Air Force shall convey, at no cost to the Air Force, military

14 housing units under subsection (a) in accordance with the

15 request for such units that are submitted to the Secretary

16 by the Operation Walking Shield Program on behalf of In17 dian tribes located in the States of North Dakota, South

18 Dakota, Montana, and Minnesota.

19 (c) RESOLUTION OF HOUSING UNIT CONFLICTS.—The

20 Operation Walking Shield Program shall resolve any con21 flicts among requests of Indian tribes for housing units

22 under subsection (a) before submitting requests to the Sec23 retary of the Air Force under subsection (b).

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

25 ‘‘Indian tribe’’ means any recognized Indian tribe included
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1 on the current list published by the Secretary of the Interior

2 under section 104 of the Federally Recognized Indian Tribe

3 Act of 1994 (Public Law 103–454; 108 Stat. 4792; 25

4 U.S.C. 479a–1).

5 SEC. 8034. During the current fiscal year, appropria6 tions which are available to the Department of Defense for

7 operation and maintenance may be used to purchase items

8 having an investment item unit cost of not more than

9 $250,000.

10 SEC. 8035. (a) During the current fiscal year, none

11 of the appropriations or funds available to the Department

12 of Defense Working Capital Funds shall be used for the pur13 chase of an investment item for the purpose of acquiring

14 a new inventory item for sale or anticipated sale during

15 the current fiscal year or a subsequent fiscal year to cus16 tomers of the Department of Defense Working Capital

17 Funds if such an item would not have been chargeable to

18 the Department of Defense Business Operations Fund dur19 ing fiscal year 1994 and if the purchase of such an invest20 ment item would be chargeable during the current fiscal

21 year to appropriations made to the Department of Defense

22 for procurement.

23 (b) The fiscal year 2008 budget request for the Depart24 ment of Defense as well as all justification material and

25 other documentation supporting the fiscal year 2008 De-
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1 partment of Defense budget shall be prepared and submitted

2 to the Congress on the basis that any equipment which was

3 classified as an end item and funded in a procurement ap4 propriation contained in this Act shall be budgeted for in

5 a proposed fiscal year 2008 procurement appropriation and

6 not in the supply management business area or any other

7 area or category of the Department of Defense Working

8 Capital Funds.

9 SEC. 8036. None of the funds appropriated by this Act

10 for programs of the Central Intelligence Agency shall re11 main available for obligation beyond the current fiscal year,

12 except for funds appropriated for the Reserve for Contin13 gencies, which shall remain available until September 30,

14 2008: Provided, That funds appropriated, transferred, or

15 otherwise credited to the Central Intelligence Agency Cen16 tral Services Working Capital Fund during this or any

17 prior or subsequent fiscal year shall remain available until

18 expended: Provided further, That any funds appropriated

19 or transferred to the Central Intelligence Agency for ad20 vanced research and development acquisition, for agent op21 erations, and for covert action programs authorized by the

22 President under section 503 of the National Security Act

23 of 1947, as amended, shall remain available until Sep24 tember 30, 2008.
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1 SEC. 8037. Notwithstanding any other provision of

2 law, funds made available in this Act for the Defense Intel3 ligence Agency may be used for the design, development, and

4 deployment of General Defense Intelligence Program intel5 ligence communications and intelligence information sys6 tems for the Services, the Unified and Specified Commands,

7 and the component commands.

8 SEC. 8038. Of the funds appropriated to the Depart9 ment of Defense under the heading ‘‘Operation and Mainte10 nance, Defense-Wide’’, not less than $10,000,000 shall be

11 made available only for the mitigation of environmental

12 impacts, including training and technical assistance to

13 tribes, related administrative support, the gathering of in14 formation, documenting of environmental damage, and de15 veloping a system for prioritization of mitigation and cost

16 to complete estimates for mitigation, on Indian lands re17 sulting from Department of Defense activities.

18 SEC. 8039. (a) None of the funds appropriated in this

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

20 Defense unless the entity, in expending the funds, complies

21 with the Buy American Act. For purposes of this subsection,

22 the term ‘‘Buy American Act’’ means title III of the Act

23 entitled ‘‘An Act making appropriations for the Treasury

24 and Post Office Departments for the fiscal year ending June
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1 30, 1934, and for other purposes’’, approved March 3, 1933

2 (41 U.S.C. 10a et seq.).

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

4 has been convicted of intentionally affixing a label bearing

5 a ‘‘Made in America’’ inscription to any product sold in

6 or shipped to the United States that is not made in Amer7 ica, the Secretary shall determine, in accordance with sec8 tion 2410f of title 10, United States Code, whether the per9 son should be debarred from contracting with the Depart10 ment of Defense.

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

12 with appropriations provided under this Act, it is the sense

13 of the Congress that any entity of the Department of De14 fense, in expending the appropriation, purchase only Amer15 ican-made equipment and products, provided that Amer16 ican-made equipment and products are cost-competitive,

17 quality-competitive, and available in a timely fashion.

18 SEC. 8040. None of the funds appropriated by this Act

19 shall be available for a contract for studies, analysis, or

20 consulting services entered into without competition on the

21 basis of an unsolicited proposal unless the head of the activ22 ity responsible for the procurement determines—

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

24 only one source is found fully qualified to perform the

25 proposed work;
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1 (2) the purpose of the contract is to explore an

2 unsolicited proposal which offers significant scientific

3 or technological promise, represents the product of

4 original thinking, and was submitted in confidence

5 by one source; or

6 (3) the purpose of the contract is to take advan7 tage of unique and significant industrial accomplish8 ment by a specific concern, or to insure that a new

9 product or idea of a specific concern is given finan10 cial support: Provided, That this limitation shall not

11 apply to contracts in an amount of less than $25,000,

12 contracts related to improvements of equipment that

13 is in development or production, or contracts as to

14 which a civilian official of the Department of Defense,

15 who has been confirmed by the Senate, determines

16 that the award of such contract is in the interest of

17 the national defense.

18 SEC. 8041. (a) Except as provided in subsection (b)

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

20 be used—

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

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

23 Armed Forces or civilian employee of the department

24 who is transferred or reassigned from a headquarters
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1 activity if the member or employee’s place of duty re2 mains at the location of that headquarters.

3 (b) The Secretary of Defense or Secretary of a military

4 department may waive the limitations in subsection (a),

5 on a case-by-case basis, if the Secretary determines, and cer6 tifies to the Committees on Appropriations of the House of

7 Representatives and Senate that the granting of the waiver

8 will reduce the personnel requirements or the financial re9 quirements of the department.

10 (c) This section does not apply to—

11 (1) field operating agencies funded within the

12 National Intelligence Program; or

13 (2) an Army field operating agency established

14 to eliminate, mitigate, or counter the effects of impro15 vised explosive devices, and, as determined by the Sec16 retary of the Army, other similar threats.

17 SEC. 8042. The Secretary of Defense, notwithstanding

18 any other provision of law, acting through the Office of Eco19 nomic Adjustment of the Department of Defense, may use

20 funds made available in this Act under the heading ‘‘Oper21 ation and Maintenance, Defense-Wide’’ to make grants and

22 supplement other Federal funds in accordance with the

23 guidance provided in the report of the Committee on Appro24 priations of the Senate accompanying this Act.
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1 (RESCISSIONS)

2 SEC. 8043. Of the funds appropriated in Department

3 of Defense Appropriations Acts, the following funds are

4 hereby rescinded from the following accounts and programs

5 in the specified amounts:

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

7 $20,000,000;

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

9 $40,700,000;

10 ‘‘Shipbuilding and Conversion, Navy, 2006/

11 2010’’, $220,000,000;

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

13 $141,100,000;

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

15 $100,000,000;

16 ‘‘Other Procurement, Air Force, 2006/2008’’,

17 $125,000,000;

18 ‘‘Research, Development, Test and Evaluation,

19 Navy, 2006/2007’’, $27,282,000;

20 ‘‘Research, Development, Test and Evaluation,

21 Air Force, 2006/2007’’, $92,800,000;

22 ‘‘Research, Development, Test and Evaluation,

23 Defense-Wide, 2006/2007’’, $100,000,000;

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

25 $107,200,000; and
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1 ‘‘Shipbuilding and Conversion Navy, 2005/

2 2009’’, $11,245,000.

3 SEC. 8044. None of the funds available in this Act may

4 be used to reduce the authorized positions for military (ci5 vilian) technicians of the Army National Guard, the Air

6 National Guard, Army Reserve and Air Force Reserve for

7 the purpose of applying any administratively imposed ci8 vilian personnel ceiling, freeze, or reduction on military (ci9 vilian) technicians, unless such reductions are a direct re10 sult of a reduction in military force structure.

11 SEC. 8045. None of the funds appropriated or other12 wise made available in this Act may be obligated or ex13 pended for assistance to the Democratic People’s Republic

14 of North Korea unless specifically appropriated for that

15 purpose.

16 SEC. 8046. Funds appropriated in this Act for oper17 ation and maintenance of the Military Departments, Com18 batant Commands and Defense Agencies shall be available

19 for reimbursement of pay, allowances and other expenses

20 which would otherwise be incurred against appropriations

21 for the National Guard and Reserve when members of the

22 National Guard and Reserve provide intelligence or coun23 terintelligence support to Combatant Commands, Defense

24 Agencies and Joint Intelligence Activities, including the ac25 tivities and programs included within the National Intel-
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1 ligence Program and the Military Intelligence Program:

2 Provided, That nothing in this section authorizes deviation

3 from established Reserve and National Guard personnel and

4 training procedures.

5 SEC. 8047. During the current fiscal year, none of the

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

7 civilian medical and medical support personnel assigned to

8 military treatment facilities below the September 30, 2003,

9 level: Provided, That the Service Surgeons General may

10 waive this section by certifying to the congressional defense

11 committees that the beneficiary population is declining in

12 some catchment areas and civilian strength reductions may

13 be consistent with responsible resource stewardship and

14 capitation-based budgeting.

15 SEC. 8048. Notwithstanding any other provision of

16 law, that not more than 35 percent of funds provided in

17 this Act for environmental remediation may be obligated

18 under indefinite delivery/indefinite quantity contracts with

19 a total contract value of $130,000,000 or higher.

20 SEC. 8049. (a) None of the funds available to the De21 partment of Defense for any fiscal year for drug interdic22 tion or counter-drug activities may be transferred to any

23 other department or agency of the United States except as

24 specifically provided in an appropriations law.
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1 (b) None of the funds available to the Central Intel2 ligence Agency for any fiscal year for drug interdiction and

3 counter-drug activities may be transferred to any other de4 partment or agency of the United States except as specifi5 cally provided in an appropriations law.

6 SEC. 8050. None of the funds appropriated by this Act

7 may be used for the procurement of ball and roller bearings

8 other than those produced by a domestic source and of do9 mestic origin: Provided, That the Secretary of the military

10 department responsible for such procurement may waive

11 this restriction on a case-by-case basis by certifying in writ12 ing to the Committees on Appropriations of the House of

13 Representatives and the Senate, that adequate domestic

14 supplies are not available to meet Department of Defense

15 requirements on a timely basis and that such an acquisition

16 must be made in order to acquire capability for national

17 security purposes: Provided further, That this restriction

18 shall not apply to the purchase of ‘‘commercial items’’, as

19 defined by section 4(12) of the Office of Federal Procure20 ment Policy Act, except that the restriction shall apply to

21 ball or roller bearings purchased as end items.

22 SEC. 8051. None of the funds in this Act may be used

23 to purchase any supercomputer which is not manufactured

24 in the United States, unless the Secretary of Defense cer25 tifies to the congressional defense committees that such an
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1 acquisition must be made in order to acquire capability for

2 national security purposes that is not available from

3 United States manufacturers.

4 SEC. 8052. Notwithstanding any other provision of

5 law, each contract awarded by the Department of Defense

6 during the current fiscal year and hereafter for construction

7 or service performed in whole or in part in a State (as

8 defined in section 381(d) of title 10, United States Code)

9 which is not contiguous with another State and has an un10 employment rate in excess of the national average rate of

11 unemployment as determined by the Secretary of Labor,

12 shall include a provision requiring the contractor to em13 ploy, for the purpose of performing that portion of the con14 tract in such State that is not contiguous with another

15 State, individuals who are residents of such State and who,

16 in the case of any craft or trade, possess or would be able

17 to acquire promptly the necessary skills: Provided, That the

18 Secretary of Defense may waive the requirements of this

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

20 security.

21 SEC. 8053. None of the funds made available in this

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

23 officer or employee of the Department of Defense who ap24 proves or implements the transfer of administrative respon25 sibilities or budgetary resources of any program, project,
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1 or activity financed by this Act to the jurisdiction of an2 other Federal agency not financed by this Act without the

3 express authorization of Congress: Provided, That this limi4 tation shall not apply to transfers of funds expressly pro5 vided for in Defense Appropriations Acts, or provisions of

6 Acts providing supplemental appropriations for the De7 partment of Defense.

8 SEC. 8054. (a) LIMITATION ON TRANSFER OF DE9 FENSE ARTICLES AND SERVICES.—Notwithstanding any

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

11 Department of Defense for the current fiscal year may be

12 obligated or expended to transfer to another nation or an

13 international organization any defense articles or services

14 (other than intelligence services) for use in the activities de15 scribed in subsection (b) unless the congressional defense

16 committees, the Committee on International Relations of

17 the House of Representatives, and the Committee on For18 eign Relations of the Senate are notified 15 days in advance

19 of such transfer.

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

21 (1) any international peacekeeping or peace-en22 forcement operation under the authority of chapter VI

23 or chapter VII of the United Nations Charter under

24 the authority of a United Nations Security Council

25 resolution; and
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1 (2) any other international peacekeeping, peace2 enforcement, or humanitarian assistance operation.

3 (c) REQUIRED NOTICE.—A notice under subsection (a)

4 shall include the following:

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

6 services to be transferred.

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

8 supplies, or services to be transferred.

9 (3) In the case of a proposed transfer of equip10 ment or supplies—

11 (A) a statement of whether the inventory re12 quirements of all elements of the Armed Forces

13 (including the reserve components) for the type

14 of equipment or supplies to be transferred have

15 been met; and

16 (B) a statement of whether the items pro17 posed to be transferred will have to be replaced

18 and, if so, how the President proposes to provide

19 funds for such replacement.

20 SEC. 8055. None of the funds available to the Depart21 ment of Defense under this Act shall be obligated or ex22 pended to pay a contractor under a contract with the De23 partment of Defense for costs of any amount paid by the

24 contractor to an employee when—
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1 (1) such costs are for a bonus or otherwise in ex2 cess of the normal salary paid by the contractor to the

3 employee; and

4 (2) such bonus is part of restructuring costs asso5 ciated with a business combination.

6 (INCLUDING TRANSFER OF FUNDS)

7 SEC. 8056. During the current fiscal year, no more

8 than $30,000,000 of appropriations made in this Act under

9 the heading ‘‘Operation and Maintenance, Defense-Wide’’

10 may be transferred to appropriations available for the pay

11 of military personnel, to be merged with, and to be available

12 for the same time period as the appropriations to which

13 transferred, to be used in support of such personnel in con14 nection with support and services for eligible organizations

15 and activities outside the Department of Defense pursuant

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

17 SEC. 8057. During the current fiscal year, in the case

18 of an appropriation account of the Department of Defense

19 for which the period of availability for obligation has ex20 pired or which has closed under the provisions of section

21 1552 of title 31, United States Code, and which has a nega22 tive unliquidated or unexpended balance, an obligation or

23 an adjustment of an obligation may be charged to any cur24 rent appropriation account for the same purpose as the ex25 pired or closed account if—
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1 (1) the obligation would have been properly

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

3 closed account before the end of the period of avail4 ability or closing of that account;

5 (2) the obligation is not otherwise properly

6 chargeable to any current appropriation account of

7 the Department of Defense; and

8 (3) in the case of an expired account, the obliga9 tion is not chargeable to a current appropriation of

10 the Department of Defense under the provisions of sec11 tion 1405(b)(8) of the National Defense Authorization

12 Act for Fiscal Year 1991, Public Law 101–510, as

13 amended (31 U.S.C. 1551 note): Provided, That in

14 the case of an expired account, if subsequent review

15 or investigation discloses that there was not in fact a

16 negative unliquidated or unexpended balance in the

17 account, any charge to a current account under the

18 authority of this section shall be reversed and re19 corded against the expired account: Provided further,

20 That the total amount charged to a current appro21 priation under this section may not exceed an

22 amount equal to 1 percent of the total appropriation

23 for that account.

24 SEC. 8058. (a) Notwithstanding any other provision

25 of law, the Chief of the National Guard Bureau may permit
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1 the use of equipment of the National Guard Distance Learn2 ing Project by any person or entity on a space-available,

3 reimbursable basis. The Chief of the National Guard Bu4 reau shall establish the amount of reimbursement for such

5 use on a case-by-case basis.

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

7 credited to funds available for the National Guard Distance

8 Learning Project and be available to defray the costs associ9 ated with the use of equipment of the project under that

10 subsection. Such funds shall be available for such purposes

11 without fiscal year limitation.

12 SEC. 8059. Using funds available by this Act or any

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

14 determination under section 2690 of title 10, United States

15 Code, may implement cost-effective agreements for required

16 heating facility modernization in the Kaiserslautern Mili17 tary Community in the Federal Republic of Germany: Pro18 vided, That in the City of Kaiserslautern such agreements

19 will include the use of United States anthracite as the base

20 load energy for municipal district heat to the United States

21 Defense installations: Provided further, That at Landstuhl

22 Army Regional Medical Center and Ramstein Air Base,

23 furnished heat may be obtained from private, regional or

24 municipal services, if provisions are included for the con25 sideration of United States coal as an energy source.
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1 SEC. 8060. None of the funds appropriated in title IV

2 of this Act may be used to procure end-items for delivery

3 to military forces for operational training, operational use

4 or inventory requirements: Provided, That this restriction

5 does not apply to end-items used in development, proto6 typing, and test activities preceding and leading to accept7 ance for operational use: Provided further, That this restric8 tion does not apply to programs funded within the National

9 Intelligence Program: Provided further, That the Secretary

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

11 by certifying in writing to the Committees on Appropria12 tions of the House of Representatives and the Senate that

13 it is in the national security interest to do so.

14 SEC. 8061. Notwithstanding any other provision of

15 law, funds available to the Department of Defense shall be

16 made available to provide transportation of medical sup17 plies and equipment, on a nonreimbursable basis, to Amer18 ican Samoa, and funds available to the Department of De19 fense shall be made available to provide transportation of

20 medical supplies and equipment, on a nonreimbursable

21 basis, to the Indian Health Service when it is in conjunc22 tion with a civil-military project.

23 SEC. 8062. None of the funds made available in this

24 Act may be used to approve or license the sale of the F–

25 22A advanced tactical fighter to any foreign government.
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1 SEC. 8063. (a) The Secretary of Defense may, on a

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

3 each limitation on the procurement of defense items from

4 foreign sources provided in law if the Secretary determines

5 that the application of the limitation with respect to that

6 country would invalidate cooperative programs entered into

7 between the Department of Defense and the foreign country,

8 or would invalidate reciprocal trade agreements for the pro9 curement of defense items entered into under section 2531

10 of title 10, United States Code, and the country does not

11 discriminate against the same or similar defense items pro12 duced in the United States for that country.

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

14 (1) contracts and subcontracts entered into on or

15 after the date of the enactment of this Act; and

16 (2) options for the procurement of items that are

17 exercised after such date under contracts that are en18 tered into before such date if the option prices are ad19 justed for any reason other than the application of a

20 waiver granted under subsection (a).

21 (c) Subsection (a) does not apply to a limitation re22 garding construction of public vessels, ball and roller bear23 ings, food, and clothing or textile materials as defined by

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

25 Schedule and products classified under headings 4010,
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1 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through

2 7229, 7304.41 through 7304.49, 7306.40, 7502 through

3 7508, 8105, 8108, 8109, 8211, 8215, and 9404.

4 SEC. 8064. (a) PROHIBITION.—None of the funds made

5 available by this Act may be used to support any training

6 program involving a unit of the security forces of a foreign

7 country if the Secretary of Defense has received credible in8 formation from the Department of State that the unit has

9 committed a gross violation of human rights, unless all nec10 essary corrective steps have been taken.

11 (b) MONITORING.—The Secretary of Defense, in con12 sultation with the Secretary of State, shall ensure that prior

13 to a decision to conduct any training program referred to

14 in subsection (a), full consideration is given to all credible

15 information available to the Department of State relating

16 to human rights violations by foreign security forces.

17 (c) WAIVER.—The Secretary of Defense, after consulta18 tion with the Secretary of State, may waive the prohibition

19 in subsection (a) if he determines that such waiver is re20 quired by extraordinary circumstances.

21 (d) REPORT.—Not more than 15 days after the exercise

22 of any waiver under subsection (c), the Secretary of Defense

23 shall submit a report to the congressional defense commit24 tees describing the extraordinary circumstances, the purpose

25 and duration of the training program, the United States
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1 forces and the foreign security forces involved in the train2 ing program, and the information relating to human rights

3 violations that necessitates the waiver.

4 SEC. 8065. None of the funds appropriated or made

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

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

7 unless the main propulsion diesel engines and propulsors

8 are manufactured in the United States by a domestically

9 operated entity: Provided, That the Secretary of Defense

10 may waive this restriction on a case-by-case basis by certi11 fying in writing to the Committees on Appropriations of

12 the House of Representatives and the Senate that adequate

13 domestic supplies are not available to meet Department of

14 Defense requirements on a timely basis and that such an

15 acquisition must be made in order to acquire capability for

16 national security purposes or there exists a significant cost

17 or quality difference.

18 SEC. 8066. None of the funds appropriated or other19 wise made available by this or other Department of Defense

20 Appropriations Acts may be obligated or expended for the

21 purpose of performing repairs or maintenance to military

22 family housing units of the Department of Defense, includ23 ing areas in such military family housing units that may

24 be used for the purpose of conducting official Department

25 of Defense business.
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1 SEC. 8067. Notwithstanding any other provision of

2 law, funds appropriated in this Act under the heading ‘‘Re3 search, Development, Test and Evaluation, Defense-Wide’’

4 for any new start advanced concept technology demonstra5 tion project may only be obligated 30 days after a report,

6 including a description of the project, the planned acquisi7 tion and transition strategy and its estimated annual and

8 total cost, has been provided in writing to the congressional

9 defense committees: Provided, That the Secretary of Defense

10 may waive this restriction on a case-by-case basis by certi11 fying to the congressional defense committees that it is in

12 the national interest to do so.

13 SEC. 8068. The Secretary of Defense shall provide a

14 classified quarterly report beginning 30 days after enact15 ment of this Act, to the House and Senate Appropriations

16 Committees, Subcommittees on Defense on certain matters

17 as directed in the classified annex accompanying this Act.

18 SEC. 8069. During the current fiscal year, refunds at19 tributable to the use of the Government travel card, refunds

20 attributable to the use of the Government Purchase Card

21 and refunds attributable to official Government travel ar22 ranged by Government Contracted Travel Management

23 Centers may be credited to operation and maintenance, and

24 research, development, test and evaluation accounts of the
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1 Department of Defense which are current when the refunds

2 are received.

3 SEC. 8070. (a) REGISTERING FINANCIAL MANAGE4 MENT INFORMATION TECHNOLOGY SYSTEMS WITH DOD

5 CHIEF INFORMATION OFFICER.—None of the funds appro6 priated in this Act may be used for a mission critical or

7 mission essential financial management information tech8 nology system (including a system funded by the defense

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

10 Information Officer of the Department of Defense. A system

11 shall be considered to be registered with that officer upon

12 the furnishing to that officer of notice of the system, together

13 with such information concerning the system as the Sec14 retary of Defense may prescribe. A financial management

15 information technology system shall be considered a mission

16 critical or mission essential information technology system

17 as defined by the Under Secretary of Defense (Comptroller).

18 (b) CERTIFICATIONS AS TO COMPLIANCE WITH FINAN19 CIAL MANAGEMENT MODERNIZATION PLAN.—

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

21 management automated information system, a mixed

22 information system supporting financial and non-fi23 nancial systems, or a system improvement of more

24 than $1,000,000 may not receive Milestone A ap25 proval, Milestone B approval, or full rate production,
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1 or their equivalent, within the Department of Defense

2 until the Under Secretary of Defense (Comptroller)

3 certifies, with respect to that milestone, that the sys4 tem is being developed and managed in accordance

5 with the Department’s Financial Management Mod6 ernization Plan. The Under Secretary of Defense

7 (Comptroller) may require additional certifications,

8 as appropriate, with respect to any such system.

9 (2) The Chief Information Officer shall provide

10 the congressional defense committees timely notifica11 tion of certifications under paragraph (1).

12 (c) CERTIFICATIONS AS TO COMPLIANCE WITH

13 CLINGER-COHEN ACT.—

14 (1) During the current fiscal year, a major auto15 mated information system may not receive Milestone

16 A approval, Milestone B approval, or full rate pro17 duction approval, or their equivalent, within the De18 partment of Defense until the Chief Information Offi19 cer certifies, with respect to that milestone, that the

20 system is being developed in accordance with the

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

22 The Chief Information Officer may require additional

23 certifications, as appropriate, with respect to any

24 such system.
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1 (2) The Chief Information Officer shall provide

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

4 notification shall include a statement confirming that

5 the following steps have been taken with respect to the

6 system:

7 (A) Business process reengineering.

8 (B) An analysis of alternatives.

9 (C) An economic analysis that includes a

10 calculation of the return on investment.

11 (D) Performance measures.

12 (E) An information assurance strategy con13 sistent with the Department’s Global Informa14 tion Grid.

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

16 (1) The term ‘‘Chief Information Officer’’ means

17 the senior official of the Department of Defense des18 ignated by the Secretary of Defense pursuant to sec19 tion 3506 of title 44, United States Code.

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

21 has the meaning given the term ‘‘information tech22 nology’’ in section 5002 of the Clinger-Cohen Act of

23 1996 (40 U.S.C. 1401).

24 SEC. 8071. During the current fiscal year, none of the

25 funds available to the Department of Defense may be used
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1 to provide support to another department or agency of the

2 United States if such department or agency is more than

3 90 days in arrears in making payment to the Department

4 of Defense for goods or services previously provided to such

5 department or agency on a reimbursable basis: Provided,

6 That this restriction shall not apply if the department is

7 authorized by law to provide support to such department

8 or agency on a nonreimbursable basis, and is providing the

9 requested support pursuant to such authority: Provided fur10 ther, That the Secretary of Defense may waive this restric11 tion on a case-by-case basis by certifying in writing to the

12 Committees on Appropriations of the House of Representa13 tives and the Senate that it is in the national security inter14 est to do so.

15 SEC. 8072. Notwithstanding section 12310(b) of title

16 10, United States Code, a Reserve who is a member of the

17 National Guard serving on full-time National Guard duty

18 under section 502(f) of title 32 may perform duties in sup19 port of the ground-based elements of the National Ballistic

20 Missile Defense System.

21 SEC. 8073. None of the funds provided in this Act may

22 be used to transfer to any nongovernmental entity ammuni23 tion held by the Department of Defense that has a center24 fire cartridge and a United States military nomenclature

25 designation of ‘‘armor penetrator’’, ‘‘armor piercing (AP)’’,
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1 ‘‘armor piercing incendiary (API)’’, or ‘‘armor-piercing in2 cendiary-tracer (API–T)’’, except to an entity performing

3 demilitarization services for the Department of Defense

4 under a contract that requires the entity to demonstrate to

5 the satisfaction of the Department of Defense that armor

6 piercing projectiles are either: (1) rendered incapable of

7 reuse by the demilitarization process; or (2) used to manu8 facture ammunition pursuant to a contract with the De9 partment of Defense or the manufacture of ammunition for

10 export pursuant to a License for Permanent Export of Un11 classified Military Articles issued by the Department of

12 State.

13 SEC. 8074. Notwithstanding any other provision of

14 law, the Chief of the National Guard Bureau, or his des15 ignee, may waive payment of all or part of the consider16 ation that otherwise would be required under section 2667

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

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

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

20 United States Code, or any other youth, social, or fraternal

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

22 of the National Guard Bureau, or his designee, on a case23 by-case basis.

24 SEC. 8075. None of the funds appropriated by this Act

25 shall be used for the support of any nonappropriated funds
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1 activity of the Department of Defense that procures malt

2 beverages and wine with nonappropriated funds for resale

3 (including such alcoholic beverages sold by the drink) on

4 a military installation located in the United States unless

5 such malt beverages and wine are procured within that

6 State, or in the case of the District of Columbia, within

7 the District of Columbia, in which the military installation

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

9 installation is located in more than one State, purchases

10 may be made in any State in which the installation is lo11 cated: Provided further, That such local procurement re12 quirements for malt beverages and wine shall apply to all

13 alcoholic beverages only for military installations in States

14 which are not contiguous with another State: Provided fur15 ther, That alcoholic beverages other than wine and malt bev16 erages, in contiguous States and the District of Columbia

17 shall be procured from the most competitive source, price

18 and other factors considered.

19 SEC. 8076. Funds available to the Department of De20 fense for the Global Positioning System during the current

21 fiscal year may be used to fund civil requirements associ22 ated with the satellite and ground control segments of such

23 system’s modernization program.

24 (INCLUDING TRANSFER OF FUNDS)

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

26 under the heading ‘‘Operation and Maintenance, Army’’,
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1 $78,300,000 shall remain available until expended: Pro2 vided, That notwithstanding any other provision of law, the

3 Secretary of Defense is authorized to transfer such funds

4 to other activities of the Federal Government: Provided fur5 ther, That the Secretary of Defense is authorized to enter

6 into and carry out contracts for the acquisition of real

7 property, construction, personal services, and operations re8 lated to projects carrying out the purposes of this section:

9 Provided further, That contracts entered into under the au10 thority of this section may provide for such indemnification

11 as the Secretary determines to be necessary: Provided fur12 ther, That projects authorized by this section shall comply

13 with applicable Federal, State, and local law to the max14 imum extent consistent with the national security, as deter15 mined by the Secretary of Defense.

16 SEC. 8078. Section 8106 of the Department of Defense

17 Appropriations Act, 1997 (titles I through VIII of the mat18 ter under subsection 101(b) of Public Law 104–208; 110

19 Stat. 3009–111; 10 U.S.C. 113 note) shall continue in effect

20 to apply to disbursements that are made by the Department

21 of Defense in fiscal year 2007.

22 SEC. 8079. (a) The Secretary of Defense, in coordina23 tion with the Secretary of Health and Human Services,

24 may carry out a program to distribute surplus dental and

25 medical equipment of the Department of Defense, at no cost
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1 to the Department of Defense, to Indian Health Service fa2 cilities and to federally-qualified health centers (within the

3 meaning of section 1905(l)(2)(B) of the Social Security Act

4 (42 U.S.C. 1396d(l)(2)(B))).

5 (b) In carrying out this provision, the Secretary of De6 fense shall give the Indian Health Service a property dis7 posal priority equal to the priority given to the Department

8 of Defense and its twelve special screening programs in dis9 tribution of surplus dental and medical supplies and equip10 ment.

11 SEC. 8080. Amounts appropriated in title II of this

12 Act are hereby reduced by $92,000,000 to reflect savings at13 tributable to efficiencies and management improvements in

14 the funding of miscellaneous or other contracts in the mili15 tary departments, as follows:

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

17 $5,000,000.

18 (2) From ‘‘Operation and Maintenance, Air

19 Force’’, $87,000,000.

20 SEC. 8081. The total amount appropriated or other21 wise made available in this Act is hereby reduced by

22 $71,000,000 to limit excessive growth in the procurement

23 of advisory and assistance services, to be distributed as fol24 lows:

25 ‘‘Operation and Maintenance, Army’’, $32,000,000.
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1 ‘‘Operation and Maintenance, Navy’’, $34,000,000.

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

3 $5,000,000.

4 (INCLUDING TRANSFER OF FUNDS)

5 SEC. 8082. Of the amounts appropriated in this Act

6 under the heading ‘‘Research, Development, Test and Eval7 uation, Defense-Wide’’, $152,494,000 shall be made avail8 able for the Arrow missile defense program: Provided, That

9 of this amount, $63,000,000 shall be available for the pur10 pose of producing Arrow missile components in the United

11 States and Arrow missile components and missiles in Israel

12 to meet Israel’s defense requirements, consistent with each

13 nation’s laws, regulations and procedures, and $25,000,000

14 shall be available for the purpose of the initiation of a joint

15 feasibility study designated the Short Range Ballistic Mis16 sile Defense (SRBMD) initiative: Provided further, That

17 funds made available under this provision for production

18 of missiles and missile components may be transferred to

19 appropriations available for the procurement of weapons

20 and equipment, to be merged with and to be available for

21 the same time period and the same purposes as the appro22 priation to which transferred: Provided further, That the

23 transfer authority provided under this provision is in addi24 tion to any other transfer authority contained in this Act.
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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8083. Of the amounts appropriated in this Act

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

4 $557,849,000 shall be available until September 30, 2007,

5 to fund prior year shipbuilding cost increases: Provided,

6 That upon enactment of this Act, the Secretary of the Navy

7 shall transfer such funds to the following appropriations in

8 the amounts specified: Provided further, That the amounts

9 transferred shall be merged with and be available for the

10 same purposes as the appropriations to which transferred:

11 To:

12 Under the heading ‘‘Shipbuilding and Con13 version, Navy, 1999/2007’’:

14 New SSN, $25,000,000;

15 Under the heading ‘‘Shipbuilding and Con16 version, Navy, 2000/2007’’:

17 LPD–17 Amphibious Transport Dock

18 Ship Program, $66,049,000;

19 Under the heading ‘‘Shipbuilding and Con20 version, Navy, 2001/2007’’:

21 New SSN, $41,000,000;

22 Carrier Replacement Program,

23 $338,400,000;

24 Under the heading ‘‘Shipbuilding and Con25 version, Navy, 2002/2007’’:
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1 New SSN, $43,000,000;

2 Under the heading ‘‘Shipbuilding and Con3 version, Navy, 2003/2007’’:

4 New SSN, $22,000,000; and

5 Under the heading ‘‘Shipbuilding and Con6 version, Navy, 2005/2009’’:

7 LPD–17 Amphibious Transport Dock

8 Ship Program, $22,400,000.

9 SEC. 8084. The Secretary of the Navy may settle, or

10 compromise, and pay any and all admiralty claims under

11 section 7622 of title 10, United States Code arising out of

12 the collision involving the U.S.S. GREENEVILLE and the

13 EHIME MARU, in any amount and without regard to the

14 monetary limitations in subsections (a) and (b) of that sec15 tion: Provided, That such payments shall be made from

16 funds available to the Department of the Navy for operation

17 and maintenance.

18 SEC. 8085. Notwithstanding any other provision of

19 law or regulation, the Secretary of Defense may exercise the

20 provisions of section 7403(g) of title 38, United States Code

21 for occupations listed in section 7403(a)(2) of title 38,

22 United States Code as well as the following:

23 Pharmacists, Audiologists, and Dental Hygien24 ists.
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1 (A) The requirements of section

2 7403(g)(1)(A) of title 38, United States Code

3 shall apply.

4 (B) The limitations of section 7403(g)(1)(B)

5 of title 38, United States Code shall not apply.

6 SEC. 8086. Funds appropriated by this Act, or made

7 available by the transfer of funds in this Act, for intelligence

8 activities are deemed to be specifically authorized by the

9 Congress for purposes of section 504 of the National Secu10 rity Act of 1947 (50 U.S.C. 414) during fiscal year 2007

11 until the enactment of the Intelligence Authorization Act

12 for fiscal year 2007.

13 SEC. 8087. None of the funds in this Act may be used

14 to initiate a new start program without prior written noti15 fication to the Office of Secretary of Defense and the con16 gressional defense committees.

17 SEC. 8088. FINANCING AND FIELDING OF KEY ARMY

18 CAPABILITIES.—The Department of Defense and the De19 partment of the Army shall make future budgetary and pro20 gramming plans to fully finance the Non-Line of Sight Fu21 ture Force cannon and resupply vehicle program (NLOS–

22 C) in order to field this system in fiscal year 2010, con23 sistent with the broader plan to field the Future Combat

24 System (FCS) in fiscal year 2010: Provided, That if the

25 Army is precluded from fielding the FCS program by fiscal
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1 year 2010, then the Army shall develop the NLOS–C inde2 pendent of the broader FCS development timeline to achieve

3 fielding by fiscal year 2010. In addition the Army will de4 liver eight (8) combat operational pre-production NLOS–

5 C systems by the end of calendar year 2008. These systems

6 shall be in addition to those systems necessary for develop7 mental and operational testing: Provided further, That the

8 Army shall ensure that budgetary and programmatic plans

9 will provide for no fewer than seven (7) Stryker Brigade

10 Combat Teams.

11 SEC. 8089. Up to $2,000,000 of the funds appropriated

12 under the heading ‘‘Operation and Maintenance, Navy’’ in

13 this Act for the Pacific Missile Range Facility may be made

14 available to contract for the repair, maintenance, and oper15 ation of adjacent off-base water, drainage, and flood control

16 systems, electrical upgrade to support additional missions

17 critical to base operations, and support for a range foot18 print expansion to further guard against encroachment.

19 SEC. 8090. The budget of the President for fiscal year

20 2008 submitted to the Congress pursuant to section 1105

21 of title 31, United States Code shall include separate budget

22 justification documents for costs of United States Armed

23 Forces’ participation in contingency operations for the

24 Military Personnel accounts, the Operation and Mainte25 nance accounts, and the Procurement accounts: Provided,
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1 That these documents shall include a description of the

2 funding requested for each contingency operation, for each

3 military service, to include all Active and Reserve compo4 nents, and for each appropriations account: Provided fur5 ther, That these documents shall include estimated costs for

6 each element of expense or object class, a reconciliation of

7 increases and decreases for each contingency operation, and

8 programmatic data including, but not limited to, troop

9 strength for each Active and Reserve component, and esti10 mates of the major weapons systems deployed in support

11 of each contingency: Provided further, That these documents

12 shall include budget exhibits OP–5 and OP–32 (as defined

13 in the Department of Defense Financial Management Regu14 lation) for all contingency operations for the budget year

15 and the two preceding fiscal years.

16 SEC. 8091. None of the funds in this Act may be used

17 for research, development, test, evaluation, procurement or

18 deployment of nuclear armed interceptors of a missile de19 fense system.

20 SEC. 8092. Of the amounts provided in title II of this

21 Act under the heading ‘‘Operation and Maintenance, De22 fense-Wide’’, $20,000,000 is available for the Regional De23 fense Counter-terrorism Fellowship Program, to fund the

24 education and training of foreign military officers, min25 istry of defense civilians, and other foreign security offi-
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1 cials, to include United States military officers and civilian

2 officials whose participation directly contributes to the edu3 cation and training of these foreign students.

4 SEC. 8093. None of the funds appropriated or made

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

6 the operation of the 53rd Weather Reconnaissance Squad7 ron of the Air Force Reserve, if such action would reduce

8 the WC–130 Weather Reconnaissance mission below the lev9 els funded in this Act: Provided, That the Air Force shall

10 allow the 53rd Weather Reconnaissance Squadron to per11 form other missions in support of national defense require12 ments during the non-hurricane season.

13 SEC. 8094. None of the funds provided in this Act shall

14 be available for integration of foreign intelligence informa15 tion unless the information has been lawfully collected and

16 processed during the conduct of authorized foreign intel17 ligence activities: Provided, That information pertaining to

18 United States persons shall only be handled in accordance

19 with protections provided in the Fourth Amendment of the

20 United States Constitution as implemented through Execu21 tive Order No. 12333.

22 SEC. 8095. None of the funds available to the Depart23 ment of Defense may be obligated to modify command and

24 control relationships to give Fleet Forces Command admin25 istrative and operational control of U.S. Navy forces as-
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1 signed to the Pacific fleet: Provided, That the command and

2 control relationships which existed on October 1, 2004, shall

3 remain in force unless changes are specifically authorized

4 in a subsequent Act.

5 SEC. 8096. (a) At the time members of reserve compo6 nents of the Armed Forces are called or ordered to active

7 duty under section 12302(a) of title 10, United States Code,

8 each member shall be notified in writing of the expected

9 period during which the member will be mobilized.

10 (b) The Secretary of Defense may waive the require11 ments of subsection (a) in any case in which the Secretary

12 determines that it is necessary to do so to respond to a na13 tional security emergency or to meet dire operational re14 quirements of the Armed Forces.

15 (TRANSFER OF FUNDS)

16 SEC. 8097. The Secretary of Defense may transfer

17 funds from any currently available Department of the Navy

18 appropriation to any available Navy shipbuilding and con19 version appropriation for the purpose of funding ship20 building cost increases for any ship construction program,

21 to be merged with and to be available for the same purposes

22 and for the same time period as the appropriation to which

23 transferred: Provided, That all transfers under this section

24 shall be subject to the notification requirements applicable

25 to transfers under section 8005 of this Act.
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1 SEC. 8098. (a) The total amount appropriated or oth2 erwise made available in title II of this Act is hereby re3 duced by $85,000,000 to limit excessive growth in the travel

4 and transportation of persons.

5 (b) The Secretary of Defense shall allocate this reduc6 tion proportionately to each budget activity, activity group,

7 subactivity group, and each program, project, and activity

8 within each applicable appropriation account.

9 SEC. 8099. In addition to funds made available else10 where in this Act, $5,500,000 is hereby appropriated and

11 shall remain available until expended to provide assistance,

12 by grant or otherwise (such as, but not limited to, the provi13 sion of funds for repairs, maintenance, construction, and/

14 or for the purchase of information technology, text books,

15 teaching resources), to public schools that have unusually

16 high concentrations of special needs military dependents en17 rolled: Provided, That in selecting school systems to receive

18 such assistance, special consideration shall be given to

19 school systems in States that are considered overseas assign20 ments, and all schools within these school systems shall be

21 eligible for assistance: Provided further, That up to 2 per22 cent of the total appropriated funds under this section shall

23 be available to support the administration and execution

24 of the funds or program and/or events that promote the pur25 pose of this appropriation (e.g. payment of travel and per
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1 diem of school teachers attending conferences or a meeting

2 that promotes the purpose of this appropriation and/or con3 sultant fees for on-site training of teachers, staff, or Joint

4 Venture Education Forum (JVEF) Committee members):

5 Provided further, That up to $2,000,000 shall be available

6 for the Department of Defense to establish a non-profit trust

7 fund to assist in the public-private funding of public school

8 repair and maintenance projects, or provide directly to

9 non-profit organizations who in return will use these mon10 ies to provide assistance in the form of repair, maintenance,

11 or renovation to public school systems that have high con12 centrations of special needs military dependents and are lo13 cated in States that are considered overseas assignments:

14 Provided further, That to the extent a Federal agency pro15 vides this assistance, by contract, grant, or otherwise, it

16 may accept and expend non-Federal funds in combination

17 with these Federal funds to provide assistance for the au18 thorized purpose, if the non-Federal entity requests such as19 sistance and the non-Federal funds are provided on a reim20 bursable basis.

21 SEC. 8100. The Secretary of the Air Force is author22 ized, using funds available under the heading ‘‘Operation

23 and Maintenance, Air Force’’, to complete a phased repair

24 project, which repairs may include upgrades and additions,

25 to the infrastructure of the operational ranges managed by
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1 the Air Force in Alaska: Provided, That the total cost of

2 such phased projects shall not exceed $50,000,000.

3 SEC. 8101. For purposes of section 612 of title 41,

4 United States Code, any subdivision of appropriations

5 made under the heading ‘‘Shipbuilding and Conversion,

6 Navy’’ that is not closed at the time reimbursement is made

7 shall be available to reimburse the Judgment Fund and

8 shall be considered for the same purposes as any subdivision

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

10 appropriations in the current fiscal year or any prior fiscal

11 year.

12 SEC. 8102. (a) None of the funds appropriated by this

13 Act may be used to transfer research and development, ac14 quisition, or other program authority relating to current

15 tactical unmanned aerial vehicles (TUAVs) from the Army.

16 (b) The Army shall retain responsibility for and oper17 ational control of the Extended Range Multi-Purpose

18 (ERMP) Unmanned Aerial Vehicle (UAV) in order to sup19 port the Secretary of Defense in matters relating to the em20 ployment of unmanned aerial vehicles.

21 SEC. 8103. Of the funds provided in this Act,

22 $10,000,000 shall be available for the operations and devel23 opment of training and technology for the Joint Inter24 agency Training Center-East and the affiliated Center for

25 National Response at the Memorial Tunnel and for pro-
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1 viding homeland defense/security and traditional

2 warfighting training to the Department of Defense, other

3 Federal agency, and State and local first responder per4 sonnel at the Joint Interagency Training Center-East.

5 SEC. 8104. The authority to conduct a cooperative pro6 gram in the proviso in title II of Public Law 102–368

7 under the heading ‘‘Research, Development, Test and Eval8 uation, Defense Agencies’’ (106 Stat. 1121) shall be ex9 tended through September 30, 2008.

10 SEC. 8105. Up to $10,000,000 of the funds appro11 priated under the heading, ‘‘Operation and Maintenance,

12 Navy’’ may be made available for the Asia Pacific Regional

13 Initiative Program for the purpose of enabling the Pacific

14 Command to execute Theater Security Cooperation activi15 ties such as humanitarian assistance, and payment of in16 cremental and personnel costs of training and exercising

17 with foreign security forces: Provided, That funds made

18 available for this purpose may be used, notwithstanding

19 any other funding authorities for humanitarian assistance,

20 security assistance or combined exercise expenses: Provided

21 further, That funds may not be obligated to provide assist22 ance to any foreign country that is otherwise prohibited

23 from receiving such type of assistance under any other pro24 vision of law.
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1 SEC. 8106. The Secretary of Defense may present pro2 motional materials, including a United States flag, to any

3 member of an Active or Reserve component under the Sec4 retary’s jurisdiction who, as determined by the Secretary,

5 participates in Operation Enduring Freedom or Operation

6 Iraqi Freedom, along with other recognition items in con7 junction with any week-long national observation and day

8 of national celebration, if established by Presidential proc9 lamation, for any such members returning from such oper10 ations.

11 SEC. 8107. Notwithstanding any other provision of

12 this Act, to reflect savings from revised economic assump13 tions the total amount appropriated in title II of this Act

14 is hereby reduced by $520,300,000, the total amount appro15 priated in title III of this Act is hereby reduced by

16 $331,600,000, the total amount appropriated in title IV of

17 this Act is hereby reduced by $317,000,000, the total

18 amount appropriated in title V of this Act is hereby reduced

19 by $9,700,000, and the total amount appropriated in title

20 VI of this Act is hereby reduced by $93,700,000: Provided,

21 That the Secretary of Defense shall allocate this reduction

22 proportionally to each budget activity, activity group, sub23 activity group, and each program, project, and activity,

24 within each appropriation account.
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1 SEC. 8108. (a) LIMITATION ON RETIREMENT PENDING

2 REPORT ON BOMBER FORCE STRUCTURE.—No funds ap3 propriated for the Department of Defense may be obligated

4 or expended for retiring or dismantling any of the 93 B–

5 52H bomber aircraft in service in the Air Force as of June

6 1, 2006, until 30 days after the Secretary of the Air Force

7 transmits to the congressional defense committees a report

8 on the bomber force structure of the Air Force meeting the

9 requirements of subsection (b).

10 (b) ELEMENTS.—The report under subsection (a) shall

11 set forth the following:

12 (1) The plan of the Air Force for the moderniza13 tion of the B–52H bomber aircraft fleet.

14 (2) The plans of the Air Force for the moderniza15 tion of the balance of the bomber force structure.

16 (3) The amount and type of bombers in the

17 bomber force structure that is appropriate to meet the

18 requirements of the national security strategy of the

19 United States.

20 (4) An analysis and justification of the cost and

21 projected savings of any reductions to the B–52H

22 bomber fleet as a result of the retirement or dis23 mantlement of the B–52H bomber aircraft covered by

24 the report.
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1 (5) The current assessments for the useful life of

2 each of the bomber aircraft in the Air Force inventory

3 under the Aircraft Structural Integrity Program, any

4 flight restrictions against each of the bomber aircraft

5 in the Air Force inventory, and an analysis of any

6 funding required for modifications designed to correct

7 a problem that threatens grounding all or a portion

8 of that aircraft fleet.

9 (6) The date by which any new bomber aircraft

10 must reach initial operational capability and the ca11 pabilities of the bomber force structure that would be

12 replaced or superseded by any new bomber aircraft.

13 (7) An assessment of the likelihood that the devel14 opment of a new bomber aircraft will meet the cur15 rent schedule of reaching initial operational capa16 bility by 2018.

17 (8) An assessment of the risk to national security

18 of retiring a substantial portion of our bomber fleet,

19 including a consideration of the additional risk if the

20 development of a new bomber aircraft does not meet

21 the current schedule of reaching initial operational

22 capability by 2018.

23 (c) PREPARATION OF REPORT.—A report under this

24 section shall be prepared and submitted by the Institute of
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1 Defense Analysis to the Secretary of the Air Force for trans2 mittal by the Secretary in accordance with subsection (a).

3 (d) FORM.—The report under subsection (a) shall be

4 in unclassified form, but may include a classified annex.

5 SEC. 8109. Not later than December 31, 2006, the Sec6 retary of Defense shall submit to the congressional defense

7 committees a report setting forth the assessment of the Sec8 retary regarding the Depleted Uranium Sensing and Treat9 ment for Removal program of the Department of Defense.

10 SEC. 8110. Of the amount appropriated or otherwise

11 made available by title III under the heading ‘‘OTHER PRO12 CUREMENT, ARMY’’, up to $2,600,000 may be available for

13 the Virtual Interactive Combat Environment for the New

14 Jersey National Guard.

15 SEC. 8111. Of the amount appropriated or otherwise

16 made available by title III under the heading ‘‘OTHER PRO17 CUREMENT, NAVY’’, up to $3,000,000 may be available for

18 the Man Overboard Identification System (MOBI) pro19 gram.

20 SEC. 8112. PROHIBITION ON PAYMENT OF AWARD

21 FEES TO DEFENSE CONTRACTORS IN CASES OF CONTRACT

22 NON-PERFORMANCE.—None of the funds appropriated or

23 otherwise made available by this Act may be obligated or

24 expended to provide award fees to any defense contractor
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1 for performance that does not meet the requirements of the

2 contract.

3 SEC. 8113. Of the amount appropriated or otherwise

4 made available by title II under the heading ‘‘OPERATION

5 AND MAINTENANCE, AIR FORCE’’, up to $10,000,000 may

6 be available to provide the United States Northern Com7 mand with an interoperable mobile wireless communica8 tions capability to effectively communicate with Federal,

9 State, and local authorities.

10 SEC. 8114. Of the amount appropriated or otherwise

11 made available by title IV under the heading ‘‘RESEARCH,

12 DEVELOPMENT, TEST AND EVALUATION, NAVY’’, up to

13 $2,000,000 may be available for the Advanced Airship Fly14 ing Laboratory.

15 SEC. 8115. Of the amount appropriated by title IV

16 under the heading ‘‘RESEARCH, DEVELOPMENT, TEST AND

17 EVALUATION, ARMY’’, up to $2,000,000 may be available

18 for support of design enhancements and continued testing

19 of the Para foil Joint Precision Air Drop System (JPADS)

20 design parachute system for the drop of 5-ton and 15-ton

21 loads to precise locations from high altitude and greater off22 set distance.

23 SEC. 8116. Of the amount appropriated or otherwise

24 made available by title IV under the heading ‘‘RESEARCH,

25 DEVELOPMENT, TEST AND EVALUATION, AIR FORCE’’, up
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1 to $6,000,000 may be available for Military-Standard-1760

2 (MIL–STD 1760) integration for the internal weapons bays

3 of B–52 aircraft.

4 SEC. 8117. Notwithstanding the first section of Public

5 Law 85–804 (50 U.S.C. 1431), in the event a notice on the

6 modification of a contract described in that section is sub7 mitted to the Committees on Armed Services of the Senate

8 and the House of Representatives by the Army Contract Ad9 justment Board during the period beginning on July 28,

10 2006, and ending on the date of the adjournment of the

11 109th Congress sine die, such contract may be modified in

12 accordance with such notice commencing on the earlier of—

13 (1) the date that is 60 calendar days after the

14 date of such notice; or

15 (2) the date of the adjournment of the 109th Con16 gress sine die.

17 SEC. 8118. From funds available in this Act, an addi18 tional $6,700,000,000 may be available to fund equipment

19 reset requirements resulting from continuing combat oper20 ations, including repair, depot, and procurement activities.

21 SEC. 8119. (a) INTERIM REPORT ON MANAGEMENT OF

22 BIOMETRICS PROGRAM.—Not later than September 8, 2006,

23 the Secretary of Defense shall submit to the congressional

24 defense committees an interim report on the management

25 of the biometrics program of the Department of Defense.
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1 (b) FINAL REPORT.—Not later than October 15, 2006,

2 the Secretary shall submit to the congressional defense com3 mittees a final report on the management of the biometrics

4 program of the Department of Defense.

5 (c) REPORT ELEMENTS.—Each report under this sec6 tion shall include, current as of the date of such report, the

7 following:

8 (1) A detailed description of the recommenda9 tions of the Defense Science Board regarding the

10 management of the biometrics program of the Depart11 ment of Defense.

12 (2) Such recommendations as the Defense

13 Science Board considers appropriate regarding

14 changes of mission for the existing biometrics support

15 officers.

16 SEC. 8120. (a) JOINT ADVERTISING, MARKET RE17 SEARCH AND STUDIES PROGRAM.—Of the amount appro18 priated or otherwise made available by title II under the

19 heading ‘‘OPERATION AND MAINTENANCE, DEFENSE20 WIDE’’, up to $7,500,000 may be available for the Joint

21 Advertising, Market Research and Studies (JAMRS) pro22 gram.

23 (b) SUPPLEMENT NOT SUPPLANT.—The amount avail24 able under subsection (a) for the program referred to in that
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1 subsection is in addition to any other amounts available

2 in this Act for that program.

3 SEC. 8121. Of the amount appropriated or otherwise

4 made available by title II under the heading ‘‘OPERATION

5 AND MAINTENANCE, ARMY’’, up to $500,000 may be avail6 able for the United States Army Center of Military History

7 to support a traveling exhibit on military experience in

8 World War II.

9 SEC. 8122. Of the amount appropriated or otherwise

10 made available by title IV under the heading ‘‘RESEARCH,

11 DEVELOPMENT, TEST AND EVALUATION, ARMY’’, up to

12 $1,000,000 may be available for environmental manage13 ment and compliance information.

14 SEC. 8123. The Secretary of Defense shall submit to

15 the congressional defense committees, at the same time the

16 budget of the President for fiscal year 2008 is submitted

17 to Congress pursuant to section 1105(a) of title 31, United

18 States Code, a report setting forth the following:

19 (1) A plan to procure medical countermeasures

20 for purposes of treating forward deployed members of

21 the Armed Forces against the lethal effects of acute ra22 diation syndrome, including neutropenia and

23 thrombocytopenia.
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1 (2) An identification of the countermeasures re2 quired to protect members of the Armed Forces in the

3 event of a nuclear or bioterrorist attack.

4 (3) A plan for the forward deployment of the

5 countermeasures identified under paragraph (2), in6 cluding an assessment of the costs associated with im7 plementing such plan.

8 SEC. 8124. Of the amount appropriated or otherwise

9 made available by title IV under the heading ‘‘RESEARCH,

10 DEVELOPMENT, TEST AND EVALUATION, AIR FORCE’’, up

11 to $1,500,000 may be available for Commercialization and

12 Industrialization of Adaptive Optics (PE #0602890F).

13 SEC. 8125. Of the amount appropriated or otherwise

14 made available by title IV under the heading ‘‘RESEARCH,

15 DEVELOPMENT, TEST AND EVALUATION, NAVY’’ up to

16 $1,000,000 may be available for an integrated, low-cost,

17 low-power Multibeam Side Scan Sonar System for Un18 manned Underwater Vehicles (UUVs).

19 SEC. 8126. Of the amount appropriated or otherwise

20 made available by title III under the heading ‘‘PROCURE21 MENT OF AMMUNITION, AIR FORCE’’, up to $5,000,000 may

22 be available for the procurement of Radiation Hardened

23 Microelectronics (HX5000).

24 SEC. 8127. Of the amount appropriated or otherwise

25 made available by title IV under the heading ‘‘RESEARCH,
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1 DEVELOPMENT, TEST AND EVALUATION, AIR FORCE’’, up

2 to $4,000,000 may be available for the Transportable

3 Transponder Landing System.

4 SEC. 8128. Of the amount appropriated or otherwise

5 made available by title II under the heading ‘‘OPERATION

6 AND MAINTENANCE, MARINE CORPS RESERVE’’, up to

7 $3,500,000 may be available for the Individual First Aid

8 Kit (IFAK).

9 SEC. 8129. Of the amount appropriated or otherwise

10 made available by title IV under the heading ‘‘RESEARCH,

11 DEVELOPMENT, TEST AND EVALUATION, ARMY’’, up to

12 $8,000,000 may be available for the Advanced Tank Arma13 ment System.

14 SEC. 8130. Of the amount appropriated or otherwise

15 made available by title IV under the heading ‘‘RESEARCH,

16 DEVELOPMENT, TEST AND EVALUATION, ARMY’’, up to

17 $1,000,000 may be available for the development of a Light18 weight All Terrain Vehicle (LATV).

19 SEC. 8131. Of the amount appropriated or otherwise

20 made available by title VI under the heading ‘‘DEFENSE

21 HEALTH PROGRAM’’, up to $500,000 may be available for

22 a pilot program on troops to nurse teachers.

23 SEC. 8132. The aggregate amount available in this Act

24 for expenses of the Department of Defense relating to con25 ferences in fiscal year 2007, including expenses relating to
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1 conference programs, staff, travel costs, and other conference

2 matters, may not exceed $70,000,000.

3 SEC. 8133. (a) POSTING OF CERTAIN REPORTS ON DE4 PARTMENT OF DEFENSE INTERNET WEBSITE.—Each re5 port described in subsection (b) shall be posted on the Inter6 net website of the Department of Defense for the public not

7 later than 48 hours after the submittal of such report to

8 Congress.

9 (b) COVERED REPORTS.—The reports described in this

10 subsection are the reports as follows:

11 Each report required by a provision of this Act to be

12 submitted by the Department of Defense to the Committees

13 on Appropriations of the Senate and the House of Rep14 resentatives.

15 (c) REDACTION OF CERTAIN INFORMATION.—In post16 ing a report on the Internet website of the Department

17 under subsection (a), the Secretary of Defense may redact

18 any information whose release to the public would, as deter19 mined by the Secretary, compromise the national security

20 of the United States.

21 SEC. 8134. Not later than 90 days after the date of

22 the enactment of this Act, the Secretary of Defense shall

23 with regard to payments made with funds provided by this

24 Act submit to the congressional defense committees and the

25 Committee on Homeland Security and Governmental Af-
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1 fairs of the Senate and the Committee on Government Re2 form of the House of Representatives a report—

3 (1) describing risk assessments performed by the

4 Department of Defense on payments made by the De5 partment for travel, as required under section 2 of the

6 Improper Payments Information Act of 2002 (Public

7 Law 107–300; 31 U.S.C. 3321 note);

8 (2) including an estimate, using statistically

9 valid methods, of improper payments for travel that

10 have been processed by the Defense Finance and Ac11 counting Service (DFAS); and

12 (3) including an explanation that the methods

13 used to perform risk assessments are statistically

14 valid in accordance with Office of Management and

15 Budget Memorandum 30–13 issued pursuant to the

16 Improper Payments Information Act of 2002 (Public

17 Law 107–300; 31 U.S.C. 3321 note).

18 SEC. 8135. Of the amount appropriated or otherwise

19 made available by title IV under the heading ‘‘RESEARCH,

20 DEVELOPMENT, TEST AND EVALUATION, NAVY’’, up to

21 $2,500,000 may be available for the Wireless Maritime In22 spection System as part of the Smartship Wireless Project

23 of the Navy.

24 SEC. 8136. Of the amount appropriated in title IV

25 under the heading ‘‘RESEARCH, DEVELOPMENT, TEST AND
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1 EVALUATION, ARMY’’, up to $5,000,000 may be made avail2 able for the Virtual Training and Airspace Management

3 Simulation for Unmanned Aerial Vehicles.

4 SEC. 8137. Of the amount appropriated or otherwise

5 made available by title IV under the heading ‘‘RESEARCH,

6 DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE’’,

7 up to $3,000,000 may be available for Small and Medium

8 Caliber Recoil Mitigation Technologies (PE #1160402BB).

9 SEC. 8138. Of the amount appropriated or otherwise

10 made available by title IV under the heading ‘‘RESEARCH,

11 DEVELOPMENT, TEST AND EVALUATION, ARMY’’, up to

12 $1,000,000 may be available for the Automated Commu13 nications Support System for WARFIGHTERS, Intel14 ligence Community, Linguists, and Analysts.

15 SEC. 8139. No funds appropriated or otherwise made

16 available by this Act may be used by the Government of

17 the United States to enter into an agreement with the Gov18 ernment of Iraq that would subject members of the Armed

19 Forces of the United States to the jurisdiction of Iraq crimi20 nal courts or punishment under Iraq law.

21 SEC. 8140. (a) REPORTS TO CONGRESS AND NOTICE

22 TO PUBLIC ON EARMARKS IN FUNDS AVAILABLE TO THE

23 DEPARTMENT OF DEFENSE.—The Secretary of Defense

24 shall submit to Congress, and post on the Internet website
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1 of the Department of Defense available to the public, infor2 mation as follows:

3 (1) A description of each earmark of funds made

4 available to the Department of Defense by this Act,

5 including the location (by city, State, country, and

6 congressional district if relevant) in which the ear7 marked funds are to be utilized, the purpose of such

8 earmark (if known), and the recipient of such ear9 mark.

10 (2) The total cost of administering each such ear11 mark including the amount of such earmark, staff

12 time, administrative expenses, and other costs.

13 (3) The total cost of administering all such ear14 marks.

15 (4) An assessment of the utility of each such ear16 mark in meeting the goals of the Department, set

17 forth using a rating system as follows:

18 (A) A for an earmark that directly advances

19 the primary goals of the Department or an agen20 cy, element, or component of the Department.

21 (B) B for an earmark that advances many

22 of the primary goals of the Department or an

23 agency, element, or component of the Depart24 ment.
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1 (C) C for an earmark that may advance

2 some of the primary goals of the Department or

3 an agency, element, or component of the Depart4 ment.

5 (D) D for an earmark that cannot be dem6 onstrated as being cost-effective in advancing the

7 primary goals of the Department or any agency,

8 element, or component of the Department.

9 (E) F for an earmark that distracts from or

10 otherwise impedes that capacity of the Depart11 ment to meet the primary goals of the Depart12 ment.

13 (b) EARMARK DEFINED.—In this section, the term

14 ‘‘earmark’’ means a provision of law, or a directive con15 tained within a joint explanatory statement or report ac16 companying a conference report or bill (as applicable), that

17 specifies the identity of an entity, program, project, or serv18 ice, including a defense system, to receive assistance not re19 quested by the President and the amount of the assistance

20 to be so received.

21 SEC. 8141. Of the amount appropriated or otherwise

22 made available by title IV under the heading ‘‘RESEARCH,

23 DEVELOPMENT, TEST AND EVALUATION, ARMY’’, up to

24 $1,000,000 may be available for Program Element

25 0602787A for blast protection research.
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1 SEC. 8142. Of the amount appropriated or otherwise

2 made available by title IV under the heading ‘‘RESEARCH,

3 DEVELOPMENT, TEST AND EVALUATION, ARMY’’, up to

4 $10,000,000 may be available for the Combat Support Hos5 pital-Mobile Support Hospital.

6 SEC. 8143. Of the amounts available for the activity

7 described on pages 149 through 159 of Volume VI, Book I

8 of the Fiscal Year 2007 Congressional Budget Justification

9 Book of the Intelligence Community, up to $8,000,000 may

10 be available for personnel for that activity.

11 SEC. 8144. None of the funds appropriated or other12 wise made available by this Act may be obligated or ex13 pended by the United States Government for a purpose as

14 follows:

15 (1) To establish any military installation or base

16 for the purpose of providing for the permanent sta17 tioning of United States Armed Forces in Iraq.

18 (2) To exercise United States control over any

19 oil resource of Iraq.

20 SEC. 8145. Of the amount appropriated by title IV

21 under the heading ‘‘RESEARCH, DEVELOPMENT, TEST AND

22 EVALUATION, ARMY’’, up to $10,000,000 may be available

23 for experimentation and refinement of tactics and doctrine

24 in the use of the Class IV unmanned aerial vehicles and

25 ground stations associated with such vehicles.
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1 SEC. 8146. Of the amount appropriated by title IV

2 under the heading ‘‘RESEARCH, DEVELOPMENT, TEST AND

3 EVALUATION, ARMY’’, up to $10,000,000 may be available

4 for Combat Vehicle and Automotive Technology.

5 SEC. 8147. Of the amount appropriated or otherwise

6 made available by title III under the heading ‘‘SHIP7 BUILDING AND CONVERSION, NAVY’’, up to $10,000,000 may

8 be available for the Carrier Replacement Program for ad9 vance procurement of nuclear propulsion equipment.

10 SEC. 8148. (a) Except as provided in subsection (b),

11 the Secretary of the Air Force shall, not later than March

12 31, 2007, submit to the congressional defense committees a

13 cost-benefit analysis of significant proposed realignments or

14 closures of research and development or test and evaluation

15 installations, activities, facilities, laboratories, units, func16 tions, or capabilities of the Air Force. The analysis shall

17 include an evaluation of missions served and alternatives

18 considered and of the benefits, costs, risks, and other consid19 erations associated with each such proposed realignment or

20 closure.

21 (b) The requirement under subsection (a) does not

22 apply to realignment and closure activities carried out in

23 accordance with the final recommendations of the Defense

24 Base Closure and Realignment Commission under the 2005

25 round of defense base closure and realignment.
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1 SEC. 8149. (a) Of the amount appropriated or other2 wise made available by title II under the heading ‘‘OPER3 ATION AND MAINTENANCE, DEFENSE-WIDE’’, up to

4 $2,000,000 may be available for the Office of Economic Ad5 justment of the Department of Defense to conduct a traffic

6 study on the improvements that are required to be carried

7 out to the transportation infrastructure around Fort

8 Belvoir, Virginia, to accommodate the increase in the work9 force located on and around Fort Belvoir resulting from de10 cisions implemented under the 2005 round of defense base

11 closure and realignment. The study shall incorporate the

12 input of the Virginia Department of Transportation and

13 other State and local governments and agencies.

14 (b) Not later than one year after the date of the enact15 ment of this Act, the Secretary of Defense shall submit to

16 the congressional defense committees a report on the study

17 conducted under subsection (a), including a cost estimate

18 for such improvements and the funding sources, including

19 the Defense Access Road Program, proposed for such im20 provements.

21 SEC. 8150. Of the amount appropriated or otherwise

22 made available by title III under the heading ‘‘PROCURE23 MENT, DEFENSE-WIDE’’, up to $12,600,000 may be avail24 able for the completion of the final phase of the activity

25 described on pages 337 through 339 of Volume II of Book
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1 1 of the Fiscal Year 2007 Congressional Budget Justifica2 tion Book of a component of the intelligence community.

3 SEC. 8151. Of the amount appropriated or otherwise

4 made available by title IV under the heading ‘‘RESEARCH,

5 DEVELOPMENT, TEST AND EVALUATION, ARMY’’,

6 $1,000,000 may be available for the Portable Battery Oper7 ated Solid-State Electrochemical Oxygen Generator project

8 for the purpose of developing a field-portable oxygen genera9 tion device to enable the quick administration of oxygen to

10 members of the Armed Forces wounded in action.

11 SEC. 8152. Of the amount appropriated or otherwise

12 made available by title IV under the heading ‘‘RESEARCH,

13 DEVELOPMENT, TEST AND EVALUATION, NAVY’’, up to

14 $1,000,000 may be available for Energy Regeneration and

15 Conversion Fuel Cell Systems to address Navy Unmanned

16 Underwater Vehicle requirements.

17 SEC. 8153. ROYALTY RELIEF FOR PRODUCTION OF OIL

18 AND GAS.—(a) PRICE THRESHOLDS.—Notwithstanding

19 any other provision of law, the Secretary of the Interior

20 shall place limitations based on market price on the royalty

21 relief granted under any lease for the production of oil or

22 natural gas on Federal land (including submerged land)

23 entered into by the Secretary of the Interior on or after the

24 date of enactment of this Act.
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1 (b) CLARIFICATION OF AUTHORITY TO IMPOSE PRICE

2 THRESHOLDS FOR CERTAIN LEASE SALES.—Congress reaf3 firms the authority of the Secretary of the Interior under

4 section 8(a)(1)(H) of the Outer Continental Shelf Lands Act

5 (43 U.S.C. 1337(a)(1)(H)) to vary, based on the price of

6 production from a lease, the suspension of royalties under

7 any lease subject to section 304 of the Outer Continental

8 Shelf Deep Water Royalty Relief Act (Public Law 104–58;

9 43 U.S.C. 1337 note).

10 SEC. 8154. Of the amount appropriated or otherwise

11 made available by title IV under the heading ‘‘RESEARCH,

12 DEVELOPMENT, TEST AND EVALUATION, ARMY’’, up to

13 $1,000,000 may be available for Program Element

14 0602105A for Thermoplastic Composite Body Armor re15 search.

16 SEC. 8155. Of the amount appropriated or otherwise

17 made available by title II under the heading ‘‘OPERATION

18 AND MAINTENANCE, ARMY NATIONAL GUARD’’, up to

19 $7,500,000 may be available to renovate and repair existing

20 barracks at Camp Perry, Port Clinton, Ohio.

21 SEC. 8156. Of the amount appropriated or otherwise

22 made available by title IV under the heading ‘‘RESEARCH,

23 DEVELOPMENT, TEST AND EVALUATION, ARMY’’, up to

24 $3,000,000 may be available for Weapons and Munitions

25 Advanced Technology (PE #603004A) for Advanced
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1 Switching and Cooling Concepts for Electromagnetic Gun

2 Applications.

3 SEC. 8157. Of the amount appropriated by title IX

4 under the heading ‘‘OPERATION AND MAINTENANCE, DE5 FENSE-WIDE’’, up to $5,000,000 may be used for commu6 nity-based programs that provide mental health and read7 justment assistance to members of the National Guard and

8 Reserve and their families on their return from deployment.

9 SEC. 8158. Of the amount appropriated or otherwise

10 made available by title II under the heading ‘‘OPERATION

11 AND MAINTENANCE, NAVY’’, up to $3,000,000 may be avail12 able to the Navy to fund improvements to physical security

13 at Navy recruiting stations and to improve data security.

14 SEC. 8159. Of the amount appropriated or otherwise

15 made available by title VI under the heading ‘‘DEFENSE

16 HEALTH PROGRAM’’, $19,000,000 shall be available for the

17 Defense and Veterans Brain Injury Center.

18 SEC. 8160. (a) ADDITIONAL AMOUNT FOR DRUG

19 INTERDICTION AND COUNTER-DRUG ACTIVITIES.—The

20 amount appropriated by title VI under the heading ‘‘DRUG

21 INTERDICTION AND COUNTER-DRUG ACTIVITIES’’ is hereby

22 increased by $700,000,000, with the amount of the increase

23 designated as an emergency requirement pursuant to sec24 tion 402 of S. Con. Res. 83 (109th Congress), the concurrent

25 resolution on the budget for fiscal year 2007, as made appli-
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1 cable in the Senate by section 7035 of Public Law 109–

2 234.

3 (b) AVAILABILITY.—Of the amount appropriated or

4 otherwise made available by title VI under the heading

5 ‘‘DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES’’,

6 as increased by subsection (a), up to an additional

7 $700,000,000 may be available to combat the growth of pop8 pies in Afghanistan, to eliminate the production and trade

9 of opium and heroin, and to prevent terrorists from using

10 the proceeds for terrorist activities in Afghanistan, Iraq,

11 and elsewhere.

12 (c) SUPPLEMENT NOT SUPPLANT.—The amount avail13 able under subsection (b) for the purpose set forth in that

14 subsection is in addition to any other amounts available

15 in this Act for that purpose.

16 SEC. 8161. Of the amounts appropriated or otherwise

17 made available by this Act, up to $2,000,000 may be avail18 able for infrastructure for the Afghanistan military legal

19 system.

20 SEC. 8162. Of the amount appropriated or otherwise

21 made available by title III under the heading ‘‘OTHER PRO22 CUREMENT, ARMY’’, up to $1,500,000 may be available for

23 a Convoy Training Simulator for the Montana Army Na24 tional Guard.
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1 SEC. 8163. Of the amount appropriated or otherwise

2 made available by title IV under the heading ‘‘RESEARCH,

3 DEVELOPMENT, TEST AND EVALUATION, NAVY’’, up to

4 $300,000 may be available for independent testing of the

5 Joint Improvised Explosive Device Neutralizer III, with

6 such test to be designed and conducted by the Marine Corps

7 Warfighting Laboratory.

8 SEC. 8164. Of the amount appropriated or otherwise

9 made available by title IV under the heading ‘‘RESEARCH,

10 DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE’’,

11 up to $1,500,000 may be available for the development of

12 a field-deployable hydrogen fueling station.

13 SEC. 8165. Of the amount appropriated or otherwise

14 made available by title IV under the heading ‘‘RESEARCH,

15 DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE’’,

16 up to $6,000,000 may be available for bioterrorism protec17 tion research (PE #0601384BP).

18 SEC. 8166. Notwithstanding any other provision of

19 law, the Secretary of the Army may reimburse a member

20 for expenses incurred by the member or family member

21 when such expenses are otherwise not reimbursable under

22 law: Provided, That such expenses must have been incurred

23 in good faith as a direct consequence of reasonable prepara24 tion for, or execution of, military orders: Provided further,

25 That reimbursement under this section shall be allowed only
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1 in situations wherein other authorities are insufficient to

2 remedy a hardship determined by the Secretary, and only

3 when the Secretary determines that reimbursement of the

4 expense is in the best interest of the member and the United

5 States: Provided further, That this provision shall only

6 apply to soldiers assigned to the 172nd Stryker Brigade

7 Combat Team.

8 SEC. 8167. Of the amount appropriated or otherwise

9 made available by title IV under the heading ‘‘RESEARCH,

10 DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE’’

11 for DARPA Management Headquarters, up to $1,000,000

12 may be available for the Heavy Fuel Diesel Engine (PE

13 #0603286E).

14 TITLE IX

15 ADDITIONAL APPROPRIATIONS

16 CHAPTER 1

17 MILITARY PERSONNEL

18 MILITARY PERSONNEL, ARMY

19 For an additional amount for ‘‘Military Personnel,

20 Army’’, $5,054,502,000.

21 MILITARY PERSONNEL, NAVY

22 For an additional amount for ‘‘Military Personnel,

23 Navy’’, $114,500,000.
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1 MILITARY PERSONNEL, MARINE CORPS

2 For an additional amount for ‘‘Military Personnel,

3 Marine Corps’’, $142,320,000.

4 MILITARY PERSONNEL, AIR FORCE

5 For an additional amount for ‘‘Military Personnel,

6 Air Force’’, $129,000,000.

7 RESERVE PERSONNEL, ARMY

8 For an additional amount for ‘‘Reserve Personnel,

9 Army’’, $90,910,000.

10 RESERVE PERSONNEL, MARINE CORPS

11 For an additional amount for ‘‘Reserve Personnel, Ma12 rine Corps’’, $15,420,000.

13 NATIONAL GUARD PERSONNEL, ARMY

14 For an additional amount for ‘‘National Guard Per15 sonnel, Army’’, $214,100,000.

16 CHAPTER 2

17 OPERATION AND MAINTENANCE

18 OPERATION AND MAINTENANCE, ARMY

19 For an additional amount for ‘‘Operation and Mainte20 nance, Army’’, $24,037,232,000.

21 OPERATION AND MAINTENANCE, NAVY

22 (INCLUDING TRANSFER OF FUNDS)

23 For an additional amount for ‘‘Operation and Mainte24 nance, Navy’’, $1,284,172,000: Provided, That up to
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1 $90,000,000 shall be transferred to the Coast Guard ‘‘Oper2 ating Expenses’’ account.

3 OPERATION AND MAINTENANCE, MARINE CORPS

4 For an additional amount for ‘‘Operation and Mainte5 nance, Marine Corps’’, $1,809,466,000.

6 OPERATION AND MAINTENANCE, AIR FORCE

7 For an additional amount for ‘‘Operation and Mainte8 nance, Air Force’’, $1,940,553,000.

9 OPERATION AND MAINTENANCE, DEFENSE-WIDE

10 For an additional amount for ‘‘Operation and Mainte11 nance, Defense-Wide’’, $2,383,189,000 of which up to

12 $760,000,000, to remain available until expended, may be

13 used for payments to reimburse Pakistan, Jordan, and

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

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

16 military operations, notwithstanding any other provision

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

18 amounts as the Secretary of Defense, with the concurrence

19 of the Secretary of State, and in consultation with the Di20 rector of the Office of Management and Budget, may deter21 mine, in his discretion, based on documentation determined

22 by the Secretary of Defense to adequately account for the

23 support provided, and such determination is final and con24 clusive upon the accounting officers of the United States,

25 and 15 days following notification to the appropriate con-
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1 gressional committees: Provided further, That the Secretary

2 of Defense shall provide quarterly reports to the congres3 sional defense committees on the use of funds provided in

4 this paragraph.

5 OPERATION AND MAINTENANCE, ARMY RESERVE

6 For an additional amount for ‘‘Operation and Mainte7 nance, Army Reserve’’, $211,600,000.

8 OPERATION AND MAINTENANCE, NAVY RESERVE

9 For an additional amount for ‘‘Operation and Mainte10 nance, Navy Reserve’’, $8,036,000.

11 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

12 For an additional amount for ‘‘Operation and Mainte13 nance, Air Force Reserve’’, $65,000,000.

14 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

15 For an additional amount for ‘‘Operation and Mainte16 nance, Army National Guard’’, $2,033,100,000, which shall

17 be designated as an emergency pursuant to section 402 of

18 S. Con. Res. 83 (109th Congress), the concurrent resolution

19 on the budget for fiscal year 2007, as made applicable in

20 the Senate by section 7035 of Public Law 109–234.

21 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

22 For an additional amount for ‘‘Operation and Mainte23 nance, Air National Guard’’, $200,000,000.
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1 IRAQ FREEDOM FUND

2 (INCLUDING TRANSFER OF FUNDS)

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

4 $50,000,000, to remain available for transfer until Sep5 tember 30, 2008, only to support operations in Iraq or Af6 ghanistan: Provided, That the Secretary of Defense may

7 transfer the funds provided herein to appropriations for

8 military personnel; operation and maintenance; Overseas

9 Humanitarian, Disaster, and Civic Aid; procurement; re10 search, development, test and evaluation; and working cap11 ital funds: Provided further, That funds transferred shall

12 be merged with and be available for the same purposes and

13 for the same time period as the appropriation or fund to

14 which transferred: Provided further, That this transfer au15 thority is in addition to any other transfer authority avail16 able to the Department of Defense: Provided further, That

17 upon a determination that all or part of the funds trans18 ferred from this appropriation are not necessary for the

19 purposes provided herein, such amounts may be transferred

20 back to this appropriation: Provided further, That the Sec21 retary of Defense shall, not fewer than 5 days prior to mak22 ing transfers from this appropriation, notify the congres23 sional defense committees in writing of the details of any

24 such transfer: Provided further, That the Secretary shall

25 submit a report no later than 30 days after the end of each
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1 fiscal quarter to the congressional defense committees sum2 marizing the details of the transfer of funds from this ap3 propriation.

4 AFGHANISTAN SECURITY FORCES FUND

5 (INCLUDING TRANSFER OF FUNDS)

6 For the ‘‘Afghanistan Security Forces Fund’’,

7 $1,200,000,000, to remain available until September 30,

8 2008: Provided, That such funds shall be available to the

9 Secretary of Defense, notwithstanding any other provision

10 of law, for the purpose of allowing the Commander, Office

11 of Security Cooperation—Afghanistan, or the Secretary’s

12 designee, to provide assistance, with the concurrence of the

13 Secretary of State, to the security forces of Afghanistan, in14 cluding the provision of equipment, supplies, services,

15 training, facility and infrastructure repair, renovation,

16 and construction, and funding: Provided further, That the

17 authority to provide assistance under this heading is in ad18 dition to any other authority to provide assistance to for19 eign nations: Provided further, That the Secretary of De20 fense may transfer such funds to appropriations for mili21 tary personnel; operation and maintenance; Overseas Hu22 manitarian, Disaster, and Civic Aid; procurement; re23 search, development, test and evaluation; and defense work24 ing capital funds to accomplish the purposes provided here25 in: Provided further, That this transfer authority is in ad-
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1 dition to any other transfer authority available to the De2 partment of Defense: Provided further, That upon a deter3 mination that all or part of the funds so transferred from

4 this appropriation are not necessary for the purposes pro5 vided herein, such amounts may be transferred back to this

6 appropriation: Provided further, That contributions of

7 funds for the purposes provided herein from any person,

8 foreign government, or international organization may be

9 credited to this Fund, and used for such purposes: Provided

10 further, That the Secretary shall notify the congressional

11 defense committees in writing upon the receipt and upon

12 the transfer of any contribution delineating the sources and

13 amounts of the funds received and the specific use of such

14 contributions: Provided further, That the Secretary of De15 fense shall, not fewer than five days prior to making trans16 fers from this appropriation account, notify the congres17 sional defense committees in writing of the details of any

18 such transfer: Provided further, That the Secretary shall

19 submit a report no later than 30 days after the end of each

20 fiscal quarter to the congressional defense committees sum21 marizing the details of the transfer of funds from this ap22 propriation.
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1 IRAQ SECURITY FORCES FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For the ‘‘Iraq Security Forces Fund’’, $1,400,000,000,

4 to remain available until September 30, 2008: Provided,

5 That such funds shall be available to the Secretary of De6 fense, notwithstanding any other provision of law, for the

7 purpose of allowing the Commander, Multi-National Secu8 rity Transition Command—Iraq, or the Secretary’s des9 ignee, to provide assistance, with the concurrence of the Sec10 retary of State, to the security forces of Iraq, including the

11 provision of equipment, supplies, services, training, facility

12 and infrastructure repair, renovation, and construction,

13 and funding: Provided further, That the authority to pro14 vide assistance under this heading is in addition to any

15 other authority to provide assistance to foreign nations:

16 Provided further, That the Secretary of Defense may trans17 fer such funds to appropriations for military personnel; op18 eration and maintenance; Overseas Humanitarian, Dis19 aster, and Civic Aid; procurement; research, development,

20 test and evaluation; and defense working capital funds to

21 accomplish the purposes provided herein: Provided further,

22 That this transfer authority is in addition to any other

23 transfer authority available to the Department of Defense:

24 Provided further, That upon a determination that all or

25 part of the funds so transferred from this appropriation are
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1 not necessary for the purposes provided herein, such

2 amounts may be transferred back to this appropriation:

3 Provided further, That contributions of funds for the pur4 poses provided herein from any person, foreign government,

5 or international organization may be credited to this Fund,

6 and used for such purposes: Provided further, That the Sec7 retary shall notify the congressional defense committees in

8 writing upon the receipt and upon the transfer of any con9 tribution delineating the sources and amounts of the funds

10 received and the specific use of such contributions: Provided

11 further, That the Secretary of Defense shall, not fewer than

12 five days prior to making transfers from this appropriation

13 account, notify the congressional defense committees in

14 writing of the details of any such transfer: Provided further,

15 That the Secretary shall submit a report no later than 30

16 days after the end of each fiscal quarter to the congressional

17 defense committees summarizing the details of the transfer

18 of funds from this appropriation.

19 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

20 (INCLUDING TRANSFER OF FUNDS)

21 For the ‘‘Joint Improvised Explosive Device Defeat

22 Fund’’, $1,500,000,000, to remain available until Sep23 tember 30, 2009: Provided, That such funds shall be avail24 able to the Secretary of Defense, notwithstanding any other

25 provision of law, for the purpose of allowing the Director
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1 of the Joint Improvised Explosive Device Defeat Organiza2 tion to investigate, develop and provide equipment, sup3 plies, services, training, facilities, personnel and funds to

4 assist United States forces in the defeat of improvised explo5 sive devices: Provided further, That within 60 days of the

6 enactment of this Act, a plan for the intended management

7 and use of the Fund is provided to the congressional defense

8 committees: Provided further, That the Secretary of Defense

9 shall submit a report not later than 30 days after the end

10 of each fiscal quarter to the congressional defense commit11 tees providing assessments of the evolving threats, indi12 vidual service requirements to counter the threats, the cur13 rent strategy for predeployment training of members of the

14 Armed Forces on improvised explosive devices, and details

15 on the execution of this Fund: Provided further, That the

16 Secretary of Defense may transfer funds provided herein to

17 appropriations for military personnel; operation and main18 tenance; procurement; research, development, test and eval19 uation; and defense working capital funds to accomplish the

20 purpose provided herein: Provided further, That this trans21 fer authority is in addition to any other transfer authority

22 available to the Department of Defense: Provided further,

23 That upon determination that all or part of the funds so

24 transferred from this appropriation are not necessary for

25 the purpose provided herein, such amounts may be trans-
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1 ferred back to this appropriation: Provided further, That

2 the Secretary of Defense shall, not fewer than 5 days prior

3 to making transfers from this appropriation, notify the con4 gressional defense committees in writing of the details of

5 any such transfer.

6 CHAPTER 3

7 PROCUREMENT

8 AIRCRAFT PROCUREMENT, ARMY

9 For an additional amount for ‘‘Aircraft Procurement,

10 Army’’, $556,000,000, to remain available until September

11 30, 2009.

12 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

13 VEHICLES, ARMY

14 For an additional amount for ‘‘Procurement of Weap15 ons and Tracked Combat Vehicles, Army’’, $1,048,280,000,

16 to remain available until September 30, 2009.

17 OTHER PROCUREMENT, ARMY

18 For an additional amount for ‘‘Other Procurement,

19 Army’’, $1,817,527,000, to remain available until Sep20 tember 30, 2009.

21 AIRCRAFT PROCUREMENT, NAVY

22 For an additional amount for ‘‘Aircraft Procurement,

23 Navy’’, $153,700,000, to remain available until September

24 30, 2009.
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1 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

2 CORPS

3 For an additional amount for ‘‘Procurement of Am4 munition, Navy and Marine Corps’’, $99,930,000, to re5 main available until September 30, 2009.

6 OTHER PROCUREMENT, NAVY

7 For an additional amount for ‘‘Other Procurement,

8 Navy’’, $276,500,000, to remain available until September

9 30, 2009.

10 PROCUREMENT, MARINE CORPS

11 For an additional amount for ‘‘Procurement, Marine

12 Corps’’, $1,281,068,000, to remain available until Sep13 tember 30, 2009.

14 AIRCRAFT PROCUREMENT, AIR FORCE

15 For an additional amount for ‘‘Aircraft Procurement,

16 Air Force’’, $720,100,000, to remain available until Sep17 tember 30, 2009.

18 MISSILE PROCUREMENT, AIR FORCE

19 For an additional amount for ‘‘Missile Procurement,

20 Air Force’’, $25,400,000, to remain available until Sep21 tember 30, 2009.

22 OTHER PROCUREMENT, AIR FORCE

23 For an additional amount for ‘‘Other Procurement,

24 Air Force’’, $1,220,293,000, to remain available until Sep25 tember 30, 2009.
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1 PROCUREMENT, DEFENSE-WIDE

2 For an additional amount for ‘‘Procurement, Defense3 Wide’’, $56,255,000, to remain available until September

4 30, 2009.

5 CHAPTER 4

6 RESEARCH, DEVELOPMENT, TEST AND

7 EVALUATION

8 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

9 For an additional amount for ‘‘Research, Develop10 ment, Test and Evaluation, Navy’’, $110,000,000, to re11 main available until September 30, 2008.

12 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR

13 FORCE

14 For an additional amount for ‘‘Research, Develop15 ment, Test and Evaluation, Air Force’’, $33,064,000, to re16 main available until September 30, 2008.

17 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

18 DEFENSE-WIDE

19 For an additional amount for ‘‘Research, Develop20 ment, Test and Evaluation, Defense-Wide’’, $155,144,000,

21 to remain available until September 30, 2008.
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1 CHAPTER 5

2 REVOLVING AND MANAGEMENT FUNDS

3 DEFENSE WORKING CAPITAL FUNDS

4 For an additional amount for ‘‘Defense Working Cap5 ital Funds’’, $373,474,000.

6 CHAPTER 6

7 RELATED AGENCIES

8 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

9 For an additional amount for ‘‘Intelligence Commu10 nity Management Account’’, $219,265,000, to remain avail11 able until September 30, 2008: Provided, That $200,000,000

12 of such funds is available only for a unit dedicated to bring13 ing to justice Osama bin Laden and other key leaders of

14 al Qaeda: Provided further, That the Secretary of Defense

15 shall, not later than 60 days after the date of the enactment

16 of this Act, and every 90 days thereafter, submit to the con17 gressional defense committees, the Committee on Inter18 national Relations of the House of Representatives, and the

19 Committee on Foreign Relations of the Senate a classified

20 report on progress made by the operations in the global war

21 on terrorism for which funding is provided in this Act, in22 cluding an assessment of the likely current location of ter23 rorist leaders, including Osama bin Laden and other key

24 leaders of al Qaeda, a description of ongoing efforts to bring

25 to justice such terrorists, a description of the cooperation
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1 provided by the governments of any countries assessed as

2 likely locations of top leaders of al Qaeda and by other rel3 evant countries, a description of diplomatic efforts cur4 rently being made to improve the cooperation of any such

5 governments, and a description of the status of, and strat6 egy for bringing to justice, perpetrators of terrorism includ7 ing the top leadership of al Qaeda: Provided further, That

8 the Secretary of Defense shall prepare such reports in con9 sultation with other appropriate officials with regard to

10 funds appropriated under this chapter: Provided further,

11 That the amount provided under this heading is designated

12 as making appropriations for contingency operations di13 rectly related to the global war on terrorism, and other un14 anticipated defense-related operations, pursuant to section

15 402 of H. Con. Res. 376 (109th Congress), as made applica16 ble to the House of Representatives by H. Res. 818 (109th

17 Congress) and is designated as an emergency requirement

18 pursuant to section 402 of S. Con. Res. 83 (109th Congress),

19 the concurrent resolution on the budget for fiscal year 2007,

20 as made applicable in the Senate by section 7035 of Public

21 Law 109–234.

22 DEPARTMENT OF THE INTERIOR

23 For an additional amount for ‘‘WILDLAND FIRE MAN24 AGEMENT’’ under the heading ‘‘DEPARTMENT OF THE

25 INTERIOR’’ of title I of the Department of the Interior,

26 Environment, and Related Agencies Appropriations Act,
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1 2006 (Public Law 109–54), $100,000,000 for the conduct

2 of emergency wildfire suppression activities of the Secretary

3 of the Interior: Provided, That the amount provided under

4 this heading is designated as an emergency requirement

5 pursuant to section 402 of S. Con. Res. 83 (109th Congress),

6 the concurrent resolution on the budget for fiscal year 2007,

7 as made applicable in the Senate by section 7035 of Public

8 Law 109–234.

9 DEPARTMENT OF AGRICULTURE

10 For an additional amount for ‘‘WILDLAND FIRE MAN11 AGEMENT’’ under the heading ‘‘DEPARTMENT OF AGRI12 CULTURE’’ of title III of the Department of the Interior,

13 Environment, and Related Agencies Appropriations Act,

14 2006 (Public Law 109–54), $175,000,000 for the conduct

15 of emergency wildfire suppression activities of the Secretary

16 of Agriculture, acting through the Chief of the Forest Serv17 ice: Provided, That the amount provided under this heading

18 is designated as an emergency requirement pursuant to sec19 tion 402 of S. Con. Res. 83 (109th Congress), the concurrent

20 resolution on the budget for fiscal year 2007, as made appli21 cable in the Senate by section 7035 of Public Law 109–

22 234.

23 GENERAL PROVISIONS, THIS TITLE

24 SEC. 9001. Appropriations provided in this title are

25 available for obligation until September 30, 2007, unless

26 otherwise so provided in this title.
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1 SEC. 9002. Notwithstanding any other provision of

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

3 in addition to amounts provided elsewhere in this Act.

4 (TRANSFER OF FUNDS)

5 SEC. 9003. Upon his determination that such action

6 is necessary in the national interest, the Secretary of De7 fense may transfer between appropriations up to

8 $2,500,000,000 of the funds made available to the Depart9 ment of Defense in this title: Provided, That the Secretary

10 shall notify the Congress promptly of each transfer made

11 pursuant to the authority in this section: Provided further,

12 That the authority provided in this section is in addition

13 to any other transfer authority available to the Department

14 of Defense and is subject to the same terms and conditions

15 as the authority provided in section 8005 of this Act.

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

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

18 title, for intelligence activities are deemed to be specifically

19 authorized by the Congress for purposes of section 504 of

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

21 SEC. 9005. None of the funds provided in this title may

22 be used to finance programs or activities denied by Congress

23 in fiscal years 2006 or 2007 appropriations to the Depart24 ment of Defense or to initiate a procurement or research,

25 development, test and evaluation new start program with-
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1 out prior written notification to the congressional defense

2 committees.

3 SEC. 9006. (a) From funds made available in this title

4 to the Department of Defense, not to exceed $500,000,000

5 may be used, notwithstanding any other provision of law,

6 to fund the Commander’s Emergency Response Program,

7 for the purpose of enabling military commanders in Iraq

8 to respond to urgent humanitarian relief and reconstruction

9 requirements within their areas of responsibility by car10 rying out programs that will immediately assist the Iraqi

11 people, and to fund a similar program to assist the people

12 of Afghanistan.

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

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

15 the first quarter of fiscal year 2007), the Secretary of De16 fense shall submit to the congressional defense committees

17 a report regarding the source of funds and the allocation

18 and use of funds during that quarter that were made avail19 able pursuant to the authority provided in this section or

20 under any other provision of law for the purposes of the

21 programs under subsection (a).

22 SEC. 9007. Amounts provided in this title for oper23 ations in Iraq and Afghanistan may be used by the Depart24 ment of Defense for the purchase of up to 20 heavy and

25 light armored vehicles for force protection purposes, not-
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1 withstanding price or other limitations specified elsewhere

2 in this Act, or any other provision of law: Provided, That

3 the Secretary of Defense shall submit a report in writing

4 no later than 30 days after the end of each fiscal quarter

5 notifying the congressional defense committees of any pur6 chase described in this section, including the cost, purposes,

7 and quantities of vehicles purchased.

8 SEC. 9008. During the current fiscal year, funds avail9 able to the Department of Defense for operation and mainte10 nance may be used, notwithstanding any other provision

11 of law, to provide supplies, services, transportation, includ12 ing airlift and sealift, and other logistical support to coali13 tion forces supporting military and stability operations in

14 Iraq and Afghanistan: Provided, That the Secretary of De15 fense shall provide quarterly reports to the congressional de16 fense committees regarding support provided under this sec17 tion.

18 SEC. 9009. Supervision and administration costs asso19 ciated with a construction project funded with appropria20 tions available for operation and maintenance, and exe21 cuted in direct support of the Global War on Terrorism only

22 in Iraq and Afghanistan, may be obligated at the time a

23 construction contract is awarded: Provided, That for the

24 purpose of this section, supervision and administration

25 costs include all in-house Government costs.
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1 SEC. 9010. (a) Not later than 60 days after the date

2 of the enactment of this Act and every 90 days thereafter

3 through the end of fiscal year 2007, the Secretary of Defense

4 shall set forth in a report to Congress a comprehensive set

5 of performance indicators and measures for progress toward

6 military and political stability in Iraq.

7 (b) The report shall include performance standards

8 and goals for security, economic, and security force training

9 objectives in Iraq together with a notional timetable for

10 achieving these goals.

11 (c) In specific, the report requires, at a minimum, the

12 following:

13 (1) With respect to stability and security in

14 Iraq, the following:

15 (A) Key measures of political stability, in16 cluding the important political milestones that

17 must be achieved over the next several years.

18 (B) The primary indicators of a stable secu19 rity environment in Iraq, such as number of en20 gagements per day, numbers of trained Iraqi

21 forces, and trends relating to numbers and types

22 of ethnic and religious-based hostile encounters.

23 (C) An assessment of the estimated strength

24 of the insurgency in Iraq and the extent to which

25 it is composed of non-Iraqi fighters.
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1 (D) A description of all militias operating

2 in Iraq, including the number, size, equipment

3 strength, military effectiveness, sources of sup4 port, legal status, and efforts to disarm or re5 integrate each militia.

6 (E) Key indicators of economic activity that

7 should be considered the most important for de8 termining the prospects of stability in Iraq,

9 including—

10 (i) unemployment levels;

11 (ii) electricity, water, and oil produc12 tion rates; and

13 (iii) hunger and poverty levels.

14 (F) The criteria the Administration will use

15 to determine when it is safe to begin with16 drawing United States forces from Iraq.

17 (2) With respect to the training and performance

18 of security forces in Iraq, the following:

19 (A) The training provided Iraqi military

20 and other Ministry of Defense forces and the

21 equipment used by such forces.

22 (B) Key criteria for assessing the capabili23 ties and readiness of the Iraqi military and

24 other Ministry of Defense forces, goals for achiev25 ing certain capability and readiness levels (as
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1 well as for recruiting, training, and equipping

2 these forces), and the milestones and notional

3 timetable for achieving these goals.

4 (C) The operational readiness status of the

5 Iraqi military forces, including the type, num6 ber, size, and organizational structure of Iraqi

7 battalions that are—

8 (i) capable of conducting

9 counterinsurgency operations independ10 ently;

11 (ii) capable of conducting

12 counterinsurgency operations with the sup13 port of United States or coalition forces; or

14 (iii) not ready to conduct

15 counterinsurgency operations.

16 (D) The rates of absenteeism in the Iraqi

17 military forces and the extent to which insur18 gents have infiltrated such forces.

19 (E) The training provided Iraqi police and

20 other Ministry of Interior forces and the equip21 ment used by such forces.

22 (F) Key criteria for assessing the capabili23 ties and readiness of the Iraqi police and other

24 Ministry of Interior forces, goals for achieving

25 certain capability and readiness levels (as well
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1 as for recruiting, training, and equipping), and

2 the milestones and notional timetable for achiev3 ing these goals, including—

4 (i) the number of police recruits that

5 have received classroom training and the

6 duration of such instruction;

7 (ii) the number of veteran police offi8 cers who have received classroom instruction

9 and the duration of such instruction;

10 (iii) the number of police candidates

11 screened by the Iraqi Police Screening Serv12 ice, the number of candidates derived from

13 other entry procedures, and the success rates

14 of those groups of candidates;

15 (iv) the number of Iraqi police forces

16 who have received field training by inter17 national police trainers and the duration of

18 such instruction; and

19 (v) attrition rates and measures of ab20 senteeism and infiltration by insurgents.

21 (G) The estimated total number of Iraqi

22 battalions needed for the Iraqi security forces to

23 perform duties now being undertaken by coali24 tion forces, including defending the borders of
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1 Iraq and providing adequate levels of law and

2 order throughout Iraq.

3 (H) The effectiveness of the Iraqi military

4 and police officer cadres and the chain of com5 mand.

6 (I) The number of United States and coali7 tion advisors needed to support the Iraqi secu8 rity forces and associated ministries.

9 (J) An assessment, in a classified annex if

10 necessary, of United States military require11 ments, including planned force rotations,

12 through the end of calendar year 2007.

13 SEC. 9011. Amounts provided in chapters 1 and 2 of

14 this title are designated as making appropriations for con15 tingency operations directly related to the global war on

16 terrorism, and other unanticipated defense-related oper17 ations, pursuant to section 402 of H. Con. Res. 376 (109th

18 Congress), as made applicable to the House of Representa19 tives by H. Res. 818 (109th Congress) and are designated

20 as an emergency requirement pursuant to section 402 of

21 S. Con. Res. 83 (109th Congress), the concurrent resolution

22 on the budget for fiscal year 2007, as made applicable in

23 the Senate by section 7035 of Public Law 109–234: Pro24 vided, That the amounts provided in chapters 3, 4, 5, and
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1 6 of this title are available immediately upon enactment

2 of this Act.

3 SEC. 9012. (a) ADDITIONAL AMOUNT FOR ARMY AND

4 MARINE CORPS FOR EQUIPMENT RESET.—In addition to

5 amounts provided by other provisions of this title,

6 $7,800,000,000 is provided to the Army, and

7 $5,300,000,000 is provided to the Marine Corps, to fund

8 equipment reset requirements resulting from continuing

9 combat operations.

10 (b) DESIGNATION AS EMERGENCY REQUIREMENTS.—

11 The amounts provided under subsection (a) are designated

12 as appropriations for contingency operations directly re13 lated to the Global War on Terrorism, and other unantici14 pated defense-related operations, pursuant to section 402 of

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

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

17 Congress), and are designated as an emergency requirement

18 pursuant to section 402 of S. Con. Res. 83 (109th Congress),

19 the concurrent resolution on the budget for fiscal year 2007,

20 as made applicable in the Senate by section 7035 of Public

21 Law 109–234.

22 SEC. 9013. Of the amount appropriated or otherwise

23 made available by chapter 2 of this title under the heading

24 ‘‘OPERATION AND MAINTENANCE, ARMY NATIONAL

25 GUARD’’, up to $6,700,000 may be available for the pilot
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1 program of the Army National Guard on the reintegration

2 of members of the National Guard into civilian life after

3 deployment.

4 SEC. 9014. (a) Of the amount appropriated or other5 wise made available by chapter 2 of this title under the

6 heading ‘‘OPERATION AND MAINTENANCE, ARMY’’, up to

7 $9,000,000 may be made available for the procurement of

8 hemostatic agents, including blood clotting bandages and

9 invasive hemostatic agents, for use by members of the Armed

10 Forces in the field.

11 (b) Of the amount appropriated or otherwise made

12 available by such chapter under the heading ‘‘OPERATION

13 AND MAINTENANCE, MARINE CORPS’’, up to $2,000,000

14 may be made available for the procurement of hemostatic

15 agents and invasive hemostatic agents, including blood clot16 ting bandages, for use by members of the Armed Forces in

17 the field.

18 SEC. 9015. Of the amount appropriated or otherwise

19 made available by this Act by reason of the adoption of

20 Senate Amendment 4751 (referred to as the ‘‘Stevens

21 amendment’’), $2,440,000,000 is available for the National

22 Guard for National Guard and Reserve equipment. Such

23 amount is in addition to any other amounts available in

24 this title, or under title III under the heading ‘‘OTHER
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1 PROCUREMENT, ARMY’’, for National Guard and Reserve

2 equipment.

3 SEC. 9016. (a) Not later than 30 days after the date

4 of the enactment of this Act, the Secretary of Defense shall

5 submit to the appropriate committees of Congress a report

6 setting forth procedures and guidelines of the Department

7 of Defense to protect United States military and civilian

8 personnel should sectarian violence further increase in Iraq.

9 (b) FORM.—The report required by subsection (a) may

10 be submitted in classified form.

11 (c) APPROPRIATE COMMITTEES OF CONGRESS DE12 FINED.—In this section, the term ‘‘appropriate committees

13 of Congress’’ means—

14 (1) the Committee on Armed Services, the Com15 mittee on Foreign Relations, the Select Committee on

16 Intelligence, and the Committee on Appropriations of

17 the Senate; and

18 (2) the Committee on Armed Services, the Com19 mittee on International Relations, the Permanent Se20 lect Committee on Intelligence, and the Committee on

21 Appropriations of the House of Representatives.

22 SEC. 9017. (a) Congress makes the following findings:

23 (1) Despite the signing of the Darfur Peace

24 Agreement on May 5, 2006, the violence in Darfur,
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1 Sudan, continues to escalate and threatens to spread

2 to other areas of Sudan and throughout the region.

3 (2) The African Union Mission in Sudan

4 (AMIS) currently serves as the primary security force

5 in Sudan, but is undermanned and under-equipped.

6 (3) Although the United Nations has approved

7 sending a peacekeeping force to Darfur, the African

8 Union Mission in Sudan (AMIS) will need to expand

9 its manpower and capability in order to assist or

10 serve as a bridge force until the United Nations

11 peacekeeping force can be deployed.

12 (b) The amount appropriated or otherwise made avail13 able by chapter 2 of this title under the heading ‘‘OPER14 ATION AND MAINTENANCE, DEFENSE-WIDE’’ is hereby in15 creased by $20,000,000.

16 (c) Of the amount appropriated or otherwise made

17 available by chapter 2 of this title under the heading ‘‘OP18 ERATION AND MAINTENANCE, DEFENSE-WIDE’’, as in19 creased by subsection (b), $20,000,000 may be available—

20 (1) to assist in the training, support, and equip21 ping of the African Union Mission in Sudan (AMIS)

22 to bolster its efforts to protect the civilian population

23 in Darfur;

24 (2) to facilitate the air-lifting of AMIS forces

25 into the Darfur region as quickly as possible; and
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1 (3) to assist and expand the logistics capability

2 of the African Union Mission in Sudan (AMIS).

3 (d) The amount made available by subsection (b) is

4 designated as appropriations for contingency operations di5 rectly related to the global war on terrorism, and other un6 anticipated defense-related operations, pursuant to section

7 402 of H. Con. Res. 376 (109th Congress), as made applica8 ble to the House of Representatives by H. Res. 818 (109th

9 Congress) and is designated as an emergency requirement

10 pursuant to section 402 of S. Con. Res. 83 (109th Congress),

11 the concurrent resolution on the budget for fiscal year 2007,

12 as made applicable in the Senate by section 7035 of Public

13 Law 109–234.

14 (e) The Secretary of Defense may transfer funds made

15 available by subsection (b) to other appropriations to ac16 complish the purposes of this section. This transfer author17 ity is in addition to any other transfer authority available

18 to the Department of Defense. The Secretary shall, not fewer

19 than five days prior to making transfers from this appro20 priation account, notify the congressional defense commit21 tees in writing of the details of any such transfer.

22 SEC. 9018. (a) ADDITIONAL AMOUNT FOR AIRCRAFT

23 PROCUREMENT, AIR FORCE.—The amount appropriated by

24 chapter 3 of this title under the heading ‘‘AIRCRAFT PRO25 CUREMENT, AIR FORCE’’ is hereby increased by
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1 $65,400,000, with the amount of the increase designated as

2 appropriations for contingency operations directly related

3 to the Global War on Terrorism, and other unanticipated

4 defense-related operations, pursuant to section 402 of H.

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

6 House of Representatives by H. Con. Res. 818 (109th Con7 gress) and designated as an emergency requirement pursu8 ant to section 402 of S. Con. Res. 83 (109th Congress), the

9 concurrent resolution on the budget for fiscal year 2007, as

10 made applicable in the Senate by Section 7035 of Public

11 Law 109–234.

12 (b) AVAILABILITY FOR PROCUREMENT OF PREDA13 TORS.—Of the amount appropriated by chapter 3 of this

14 title under the heading ‘‘AIRCRAFT PROCUREMENT, AIR

15 FORCE’’, as increased by subsection (a), up to $65,400,000

16 may be available for procurement of Predators for Special

17 Operations forces.

18 (c) SUPPLEMENT NOT SUPPLANT.—The amount avail19 able under subsection (b) for the purpose specified in that

20 subsection is in addition to any other amounts available

21 in this Act for that purpose.
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1 This Act may be cited as the ‘‘Department of Defense

2 Appropriations Act, 2007’’.

Attest:

Secretary.
109TH CONGRESS

2D SESSION H. R. 5631

AMENDMENT