IB 

109TH CONGRESS 

2D SESSION H. R. 5631 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 7 (legislative day, SEPTEMBER 6), 2006 

Ordered to be printed with the amendment of the Senate 

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

AN ACT 

Making appropriations for the Department of Defense for 

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

purposes. 

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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

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

7 other purposes, namely: 


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1 TITLE I 

2 MILITARY PERSONNEL 

3 MILITARY PERSONNEL, ARMY

4 For pay, allowances, individual clothing, subsistence, 

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

8 between permanent duty stations, for members of the 

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

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

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

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

15 $25,259,649,000. 

16 MILITARY PERSONNEL, NAVY

17 For pay, allowances, individual clothing, subsistence, 

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

21 between permanent duty stations, for members of the 

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

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

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


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

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

3 MILITARY PERSONNEL, MARINE CORPS

4 For pay, allowances, individual clothing, subsistence, 

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

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

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

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

14 MILITARY PERSONNEL, AIR FORCE

15 For pay, allowances, individual clothing, subsistence, 

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

19 between permanent duty stations, for members of the Air 

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

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

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

24 377, as amended (42 U.S.C. 402 note), and to the DepartVerDate Aug 31 2005 00:18 Sep 09, 2006 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\H5631.PP H5631

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1 ment of Defense Military Retirement Fund, 

2 $19,676,481,000. 

3 RESERVE PERSONNEL, ARMY

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

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

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

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

9 States Code, in connection with performing duty specified 

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

11 while undergoing reserve training, or while performing 

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

14 and for payments to the Department of Defense Military 

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

16 RESERVE PERSONNEL, NAVY

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

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

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

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

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

25 duty, and expenses authorized by section 16131 of title 


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

3 $1,485,548,000. 

4 RESERVE PERSONNEL, MARINE CORPS

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

6 travel, and related expenses for personnel of the Marine 

7 Corps Reserve on active duty under section 10211 of title 

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

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

10 in connection with performing duty specified in section 

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

14 leaders class, and expenses authorized by section 16131 

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

16 Department of Defense Military Retirement Fund, 

17 $498,556,000. 

18 RESERVE PERSONNEL, AIR FORCE

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

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

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

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

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

24 States Code, in connection with performing duty specified 

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


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1 while undergoing reserve training, or while performing 

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

4 and for payments to the Department of Defense Military 

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

6 NATIONAL GUARD PERSONNEL, ARMY

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

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

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

11 States Code, or while serving on duty under section 

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

13 States Code, in connection with performing duty specified 

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

15 while undergoing training, or while performing drills or 

16 equivalent duty or other duty, and expenses authorized by 

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

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

20 NATIONAL GUARD PERSONNEL, AIR FORCE

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

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

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

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


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

2 in connection with performing duty specified in section 

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

5 duty or other duty, and expenses authorized by section 

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

7 to the Department of Defense Military Retirement Fund, 

8 $2,038,097,000. 

9 TITLE II 

10 OPERATION AND MAINTENANCE 

11 OPERATION AND MAINTENANCE, ARMY

12 For expenses, not otherwise provided for, necessary 

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

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

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

18 of necessity for confidential military purposes, 

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

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

21 Baker, in accordance with the terms and conditions as 

22 provided under the heading ‘‘Operation and Maintenance, 

23 Army’’, in Public Law 107–117. 


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1 OPERATION AND MAINTENANCE, NAVY

2 For expenses, not otherwise provided for, necessary 

3 for the operation and maintenance of the Navy and the 

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

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

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

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

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

10 OPERATION AND MAINTENANCE, MARINE CORPS

11 For expenses, not otherwise provided for, necessary 

12 for the operation and maintenance of the Marine Corps, 

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

14 OPERATION AND MAINTENANCE, AIR FORCE

15 For expenses, not otherwise provided for, necessary 

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

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

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

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

22 $29,089,688,000. 


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1 OPERATION AND MAINTENANCE, DEFENSE-WIDE

2 (INCLUDING TRANSFER OF FUNDS) 

3 For expenses, not otherwise provided for, necessary 

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

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

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

8 for the Combatant Commander Initiative Fund authorized 

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

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

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

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

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

18 installation using wind turbines manufactured in the 

19 United States that are new to the United States market 

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

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


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1 or the service headquarters of one of the Armed Forces 

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

4 expended, is available only for expenses relating to certain 

5 classified activities, and may be transferred as necessary 

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

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

12 operation and maintenance funds shall not apply to the 

13 funds described in the preceding proviso: Provided further, 

14 That the transfer authority provided under this heading 

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

17 OPERATION AND MAINTENANCE, ARMY RESERVE

18 For expenses, not otherwise provided for, necessary 

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

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


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1 OPERATION AND MAINTENANCE, NAVY RESERVE

2 For expenses, not otherwise provided for, necessary 

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

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

9 OPERATION AND MAINTENANCE, MARINE CORPS

10 RESERVE

11 For expenses, not otherwise provided for, necessary 

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

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

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

18 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

19 For expenses, not otherwise provided for, necessary 

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

22 repair of facilities and equipment; hire of passenger motor 

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


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1 OPERATION AND MAINTENANCE, ARMY NATIONAL

2 GUARD

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

5 hospital treatment and related expenses in non-Federal 

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

10 Army personnel on active duty, for Army National Guard 

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

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

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

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

18 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

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

21 hospital treatment and related expenses in non-Federal 

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

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


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1 modification, maintenance, and issue of supplies and 

2 equipment, including those furnished from stocks under 

3 the control of agencies of the Department of Defense; 

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

5 authorized by law for Air National Guard personnel on 

6 active Federal duty, for Air National Guard commanders 

7 while inspecting units in compliance with National Guard 

8 Bureau regulations when specifically authorized by the 

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

10 UNITED STATES COURT OF APPEALS FOR THE ARMED

11 FORCES

12 For salaries and expenses necessary for the United 

13 States Court of Appeals for the Armed Forces, 

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

15 for official representation purposes. 

16 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

17 For expenses relating to the Overseas Humanitarian, 

18 Disaster, and Civic Aid programs of the Department of 

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

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

23 FORMER SOVIET UNION THREAT REDUCTION ACCOUNT

24 For assistance to the republics of the former Soviet 

25 Union, including assistance provided by contract or by 


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1 grants, for facilitating the elimination and the safe and 

2 secure transportation and storage of nuclear, chemical and 

3 other weapons; for establishing programs to prevent the 

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

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

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

10 to remain available until September 30, 2009. 

11 TITLE III 

12 PROCUREMENT 

13 AIRCRAFT PROCUREMENT, ARMY

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

16 ordnance, ground handling equipment, spare parts, and 

17 accessories therefor; specialized equipment and training 

18 devices; expansion of public and private plants, including 

19 the land necessary therefor, for the foregoing purposes, 

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

21 and construction prosecuted thereon prior to approval of 

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

24 reserve plant and Government and contractor-owned 

25 equipment layaway; and other expenses necessary for the 


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

2 for obligation until September 30, 2009, of which 

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

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

5 the funds provided in this paragraph are available only 

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

7 evacuation Variant Blackhawk helicopter only for the 

8 Army Reserve. 

9 MISSILE PROCUREMENT, ARMY

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

12 ordnance, ground handling equipment, spare parts, and 

13 accessories therefor; specialized equipment and training 

14 devices; expansion of public and private plants, including 

15 the land necessary therefor, for the foregoing purposes, 

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

17 and construction prosecuted thereon prior to approval of 

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

20 reserve plant and Government and contractor-owned 

21 equipment layaway; and other expenses necessary for the 

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

23 for obligation until September 30, 2009, of which 

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

25 Guard and Army Reserve. 


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1 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

2 VEHICLES, ARMY

3 For construction, procurement, production, and 

4 modification of weapons and tracked combat vehicles, 

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

7 expansion of public and private plants, including the land 

8 necessary therefor, for the foregoing purposes, and such 

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

11 procurement and installation of equipment, appliances, 

12 and machine tools in public and private plants; reserve 

13 plant and Government and contractor-owned equipment 

14 layaway; and other expenses necessary for the foregoing 

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

17 shall be available for the Army National Guard and Army 

18 Reserve. 

19 PROCUREMENT OF AMMUNITION, ARMY

20 For construction, procurement, production, and 

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

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

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

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

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

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

10 Guard and Army Reserve. 

11 OTHER PROCUREMENT, ARMY

12 For construction, procurement, production, and 

13 modification of vehicles, including tactical, support, and 

14 non-tracked combat vehicles; the purchase of passenger 

15 motor vehicles for replacement only; communications and 

16 electronic equipment; other support equipment; spare 

17 parts, ordnance, and accessories therefor; specialized 

18 equipment and training devices; expansion of public and 

19 private plants, including the land necessary therefor, for 

20 the foregoing purposes, and such lands and interests 

21 therein, may be acquired, and construction prosecuted 

22 thereon prior to approval of title; and procurement and 

23 installation of equipment, appliances, and machine tools 

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


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1 expenses necessary for the foregoing purposes, 

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

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

4 available for the Army National Guard and Army Reserve. 

5 AIRCRAFT PROCUREMENT, NAVY

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

8 ordnance, spare parts, and accessories therefor; specialized 

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

12 thereon prior to approval of title; and procurement and 

13 installation of equipment, appliances, and machine tools 

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

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

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

18 available for the Navy Reserve and Marine Corps Reserve. 

19 WEAPONS PROCUREMENT, NAVY

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

23 and accessories therefor; expansion of public and private 

24 plants, including the land necessary therefor, and such 

25 lands and interests therein, may be acquired, and conVerDate Aug 31 2005 00:18 Sep 09, 2006 Jkt 049200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6401 E:\BILLS\H5631.PP H5631

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1 struction prosecuted thereon prior to approval of title; and 

2 procurement and installation of equipment, appliances, 

3 and machine tools in public and private plants; reserve 

4 plant and Government and contractor-owned equipment 

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

7 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

8 CORPS

9 For construction, procurement, production, and 

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

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

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

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

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

24 Marine Corps Reserve. 


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1 SHIPBUILDING AND CONVERSION, NAVY

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

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

8 long leadtime components and designs for vessels to be 

9 constructed or converted in the future; and expansion of 

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

12 and construction prosecuted thereon prior to approval of 

13 title, as follows: 

14 Carrier Replacement Program (AP), 

15 $784,143,000; 

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

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

18 CVN Refuelings, $954,495,000; 

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

20 SSN Engineered Refueling Overhauls (AP), 

21 $22,078,000; 

22 SSBN Engineered Refueling Overhauls, 

23 $189,022,000; 

24 SSBN Engineered Refueling Overhauls (AP), 

25 $37,154,000; 


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

2 DDG–51 Destroyer, $355,849,000; 

3 DDG–51 Destroyer Modernization, 

4 $50,000,000; 

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

6 LPD–17 (AP), $297,492,000; 

7 LHA–R, $1,135,917,000; 

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

9 Service Craft, $45,245,000; 

10 LCAC Service Life Extension Program, 

11 $110,692,000; 

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

13 and 

14 For outfitting, post delivery, conversions, and 

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

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

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

20 other such budgeted work that must be performed in the 

21 final stage of ship construction: Provided further, That 

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


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1 components of such vessel: Provided further, That none 

2 of the funds provided under this heading shall be used 

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

5 OTHER PROCUREMENT, NAVY

6 For procurement, production, and modernization of 

7 support equipment and materials not otherwise provided 

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

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

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

13 be acquired, and construction prosecuted thereon prior to 

14 approval of title; and procurement and installation of 

15 equipment, appliances, and machine tools in public and 

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

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

21 PROCUREMENT, MARINE CORPS

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

24 equipment, spare parts, and accessories therefor; plant 

25 equipment, appliances, and machine tools, and installation 


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1 thereof in public and private plants; reserve plant and 

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

5 of public and private plants, including land necessary 

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

10 AIRCRAFT PROCUREMENT, AIR FORCE

11 For construction, procurement, and modification of 

12 aircraft and equipment, including armor and armament, 

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

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

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

18 the foregoing purposes, and such lands and interests 

19 therein, may be acquired, and construction prosecuted 

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

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

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

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


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

3 MISSILE PROCUREMENT, AIR FORCE

4 For construction, procurement, and modification of 

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

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

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

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

12 construction prosecuted thereon prior to approval of title; 

13 reserve plant and Government and contractor-owned 

14 equipment layaway; and other expenses necessary for the 

15 foregoing purposes including rents and transportation of 

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

17 until September 30, 2009. 

18 PROCUREMENT OF AMMUNITION, AIR FORCE

19 For construction, procurement, production, and 

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

24 and the land necessary therefor, for the foregoing pur25 poses, and such lands and interests therein, may be acVerDate Aug 31 2005 00:18 Sep 09, 2006 Jkt 049200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6401 E:\BILLS\H5631.PP H5631

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

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

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

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

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

9 Guard and Air Force Reserve. 

10 OTHER PROCUREMENT, AIR FORCE

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

13 and ground electronic and communication equipment), 

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

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

20 the foregoing purposes, and such lands and interests 

21 therein, may be acquired, and construction prosecuted 

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

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

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


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

3 PROCUREMENT, DEFENSE-WIDE

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

6 necessary for procurement, production, and modification 

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

9 motor vehicles for replacement only; expansion of public 

10 and private plants, equipment, and installation thereof in 

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

12 for the foregoing purposes, and such lands and interests 

13 therein, may be acquired, and construction prosecuted 

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

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

17 September 30, 2009. 

18 NATIONAL GUARD AND RESERVE EQUIPMENT

19 For procurement of aircraft, missiles, tracked combat 

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

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

24 and National Guard components shall, not later than 30 

25 days after the enactment of this Act, individually submit 


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1 to the congressional defense committees the modernization 

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

4 DEFENSE PRODUCTION ACT PURCHASES

5 For activities by the Department of Defense pursuant 

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

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

9 TITLE IV 

10 RESEARCH, DEVELOPMENT, TEST AND 

11 EVALUATION 

12 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

13 ARMY

14 For expenses necessary for basic and applied sci15 entific research, development, test and evaluation, includ16 ing maintenance, rehabilitation, lease, and operation of fa17 cilities and equipment, $11,834,882,000 (reduced by 

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

20 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

21 NAVY

22 For expenses necessary for basic and applied sci23 entific research, development, test and evaluation, includ24 ing maintenance, rehabilitation, lease, and operation of fa25 cilities and equipment, $17,654,518,000, to remain availVerDate Aug 31 2005 00:18 Sep 09, 2006 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6401 E:\BILLS\H5631.PP H5631

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

2 That funds appropriated in this paragraph which are 

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

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

7 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

8 AIR FORCE

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

14 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

15 DEFENSE-WIDE

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

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

20 as may be designated and determined by the Secretary 

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

22 lease, and operation of facilities and equipment, 

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

24 September 30, 2008. 


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1 OPERATIONAL TEST AND EVALUATION, DEFENSE

2 For expenses, not otherwise provided for, necessary 

3 for the independent activities of the Director, Operational 

4 Test and Evaluation, in the direction and supervision of 

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

7 and in support of, production decisions; joint operational 

8 testing and evaluation; and administrative expenses in 

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

10 for obligation until September 30, 2008. 

11 TITLE V 

12 REVOLVING AND MANAGEMENT FUNDS 

13 DEFENSE WORKING CAPITAL FUNDS

14 For the Defense Working Capital Funds, 

15 $1,345,998,000. 

16 NATIONAL DEFENSE SEALIFT FUND

17 For National Defense Sealift Fund programs, 

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

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

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

21 and for the necessary expenses to maintain and preserve 

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

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

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

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


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1 contract that provides for the acquisition of any of the 

2 following major components unless such components are 

3 manufactured in the United States: auxiliary equipment, 

4 including pumps, for all shipboard services; propulsion 

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

6 propellers); shipboard cranes; and spreaders for shipboard 

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

8 in a contract awarded through the obligation of previously 

9 appropriated funds shall not be considered to be the award 

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

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

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

15 and the Senate that adequate domestic supplies are not 

16 available to meet Department of Defense requirements on 

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

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

20 PENTAGON RESERVATION MAINTENANCE REVOLVING

21 FUND

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


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1 TITLE VI 

2 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

3 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

4 ARMY

5 For expenses, not otherwise provided for, necessary 

6 for the destruction of the United States stockpile of lethal 

7 chemical agents and munitions, to include construction of 

8 facilities, in accordance with the provisions of section 1412 

9 of the Department of Defense Authorization Act, 1986 

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

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

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

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

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

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

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

20 September 30, 2008. 

21 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

22 DEFENSE

23 (INCLUDING TRANSFER OF FUNDS) 

24 For drug interdiction and counter-drug activities of 

25 the Department of Defense, for transfer to appropriations 


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

6 Provided, That the funds appropriated under this heading 

7 shall be available for obligation for the same time period 

8 and for the same purpose as the appropriation to which 

9 transferred: Provided further, That upon a determination 

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

16 OFFICE OF THE INSPECTOR GENERAL

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

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

22 emergencies and extraordinary expenses to be expended on 

23 the approval or authority of the Inspector General, and 

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


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

2 30, 2009, shall be for Procurement. 

3 TITLE VII 

4 RELATED AGENCIES 

5 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

6 DISABILITY SYSTEM FUND

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

9 proper funding level for continuing the operation of the 

10 Central Intelligence Agency Retirement and Disability 

11 System, $256,400,000. 

12 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

13 (INCLUDING TRANSFER OF FUNDS) 

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

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

17 Committee shall remain available until September 30, 

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

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

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

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

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


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

2 Drug Intelligence Center shall maintain the personnel and 

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

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

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

8 and national security investigations and operations. 

9 TITLE VIII 

10 GENERAL PROVISIONS 

11 SEC. 8001. No part of any appropriation contained 

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

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

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

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

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

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

21 of the percentage increase authorized by law for civilian 

22 employees of the Department of Defense whose pay is 

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

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


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

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

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

7 not apply to foreign national employees of the Department 

8 of Defense in the Republic of Turkey. 

9 SEC. 8003. No part of any appropriation contained 

10 in this Act shall remain available for obligation beyond 

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

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

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

17 duty training of reserve components or summer camp 

18 training of the Reserve Officers’ Training Corps. 

19 (TRANSFER OF FUNDS) 

20 SEC. 8005. Upon determination by the Secretary of 

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

24 of working capital funds of the Department of Defense 

25 or funds made available in this Act to the Department 


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

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

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

5 the appropriation or fund to which transferred: Provided, 

6 That such authority to transfer may not be used unless 

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

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

11 That the Secretary of Defense shall notify the Congress 

12 promptly of all transfers made pursuant to this authority 

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

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

18 than those for which originally appropriated and in no 

19 case where the item for which reprogramming is requested 

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

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

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

24 military personnel appropriations shall not be taken into 


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1 account for purposes of the limitation on the amount of 

2 funds that may be transferred under this section. 

3 (TRANSFER OF FUNDS) 

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

7 United States Code, may be maintained in only such 

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

11 That transfers may be made between working capital 

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

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

16 the Office of Management and Budget, except that such 

17 transfers may not be made unless the Secretary of Defense 

18 has notified the Congress of the proposed transfer. Except 

19 in amounts equal to the amounts appropriated to working 

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

21 against a working capital fund to procure or increase the 

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

24 such obligation. 


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

2 be used to initiate a special access program without prior 

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

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

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

7 employs economic order quantity procurement in excess of 

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

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

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

11 multiyear contract that employs economic order quantity 

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

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

17 contract for which the economic order quantity advance 

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

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

20 any appropriation contained in this Act shall be available 

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

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

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

25 procurement contract can be terminated without 10-day 


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1 prior notification to the congressional defense committees: 

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

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

6 Act may be used for a multiyear contract executed after 

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

8 of any such contract— 

9 (1) the Secretary of Defense has submitted to 

10 Congress a budget request for full funding of units 

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

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

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

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

19 (2) cancellation provisions in the contract do 

20 not include consideration of recurring manufacturing 

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


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1 (3) the contract provides that payments to the 

2 contractor under the contract shall not be made in 

3 advance of incurred costs on funded units; and 

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

6 contract. 

7 Funds appropriated in title III of this Act may be 

8 used for a multiyear procurement contract as follows: 

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

10 Helicopter mission equipment; and V–22 Osprey. 

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

13 hereby appropriated pursuant to section 401 of title 10, 

14 United States Code, for humanitarian and civic assistance 

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

16 Such funds may also be obligated for humanitarian and 

17 civic assistance costs incidental to authorized operations 

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

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

23 providing humanitarian and similar assistance by using 

24 Civic Action Teams in the Trust Territories of the Pacific 

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1 ant to the Compact of Free Association as authorized by 

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

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

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

8 facilities, on a nonreimbursable basis, for civilian patients 

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

11 States of Micronesia, Palau, and Guam. 

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

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

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

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

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

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

21 and other documentation supporting the fiscal year 2008 

22 Department of Defense budget request shall be prepared 

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

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

25 year 2007. 


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

2 to military (civilian) technicians. 

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

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

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

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

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

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

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

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

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

17 active components of the Army. 

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

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


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

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

4 by such activity or function; 

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

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

10 to the Department of Defense by an amount that 

11 equals or exceeds the lesser of— 

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

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

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

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

19 Department of Defense by— 

20 (A) not making an employer-sponsored 

21 health insurance plan available to the workers 

22 who are to be employed in the performance of 

23 that activity or function under the contract; or 

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


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

3 that is paid by the Department of Defense for 

4 health benefits for civilian employees under 

5 chapter 89 of title 5, United States Code. 

6 (b) EXCEPTIONS.— 

7 (1) The Department of Defense, without regard 

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

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

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

12 have full authority to enter into a contract for the 

13 performance of any commercial or industrial type 

14 function of the Department of Defense that— 

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

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

20 blind or by a qualified nonprofit agency for 

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

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


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

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

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

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

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

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

9 States Code. 

10 (c) TREATMENT OF CONVERSION.—The conversion 

11 of any activity or function of the Department of Defense 

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

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

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

19 (TRANSFER OF FUNDS) 

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

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

24 a Mentor-Protege Program developmental assistance 

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1 fense Authorization Act for Fiscal Year 1991 (Public Law 

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

3 authority of this provision or any other transfer authority 

4 contained in this Act. 

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

6 available for the purchase by the Department of Defense 

7 (and its departments and agencies) of welded shipboard 

8 anchor and mooring chain 4 inches in diameter and under 

9 unless the anchor and mooring chain are manufactured 

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

12 for the purpose of this section manufactured will include 

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

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

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

17 chain shall be considered to be produced or manufactured 

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

21 manufactured outside the United States: Provided further, 

22 That when adequate domestic supplies are not available 

23 to meet Department of Defense requirements on a timely 

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


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

3 to acquire capability for national security purposes. 

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

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

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

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

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

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

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

21 a prime contractor or a subcontractor at any tier that 

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

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


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1 25, United States Code shall be considered a contractor 

2 for the purposes of being allowed additional compensation 

3 under section 504 of the Indian Financing Act of 1974 

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

8 any fiscal year: Provided further, That notwithstanding 

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

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

12 subcontract at any tier for acquisition of commercial items 

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

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

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

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

23 656, 102 Stat. 3825 (Business Opportunity Development 

24 Reform Act of 1988) for purposes of contracting with 

25 agencies of the Department of Defense. 


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

2 Act shall be available to perform any cost study pursuant 

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

4 performed exceeds a period of 24 months after initiation 

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

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

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

9 American Forces Information Service shall not be used for 

10 any national or international political or psychological ac11 tivities. 

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

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

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

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

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

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

23 Civil Air Patrol Corporation, of which— 

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


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1 Air Patrol Corporation operation and maintenance, 

2 readiness, counterdrug activities, and drug demand 

3 reduction activities involving youth programs; 

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

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

7 Procurement, Air Force’’ for vehicle procurement. 

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

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

11 local government agencies. 

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

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

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

19 other non-profit entities. 

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

21 Overseers, Advisory Group, Special Issues Panel, Visiting 

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

23 and no paid consultant to any defense FFRDC, except 

24 when acting in a technical advisory capacity, may be com25 pensated for his or her services as a member of such entiVerDate Aug 31 2005 00:18 Sep 09, 2006 Jkt 049200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6401 E:\BILLS\H5631.PP H5631

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

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

3 referred to previously in this subsection shall be allowed 

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

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

8 of the funds available to the department from any source 

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

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

12 projects funded by Government grants, for absorption of 

13 contract overruns, or for certain charitable contributions, 

14 not to include employee participation in community service 

15 and/or development. 

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

17 the funds available to the department during fiscal year 

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

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

21 funded in the National Intelligence Program (NIP) and 

22 the Military Intelligence Program (MIP). 

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

25 submit a report presenting the specific amounts of staff 


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1 years of technical effort to be allocated for each defense 

2 FFRDC during that fiscal year. 

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

4 the total amount appropriated in this Act for FFRDCs 

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

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

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

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

10 Defense which were not melted and rolled in the United 

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

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

14 or American Iron and Steel Institute (AISI) specifications 

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

16 That the Secretary of the military department responsible 

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

19 on Appropriations of the House of Representatives and the 

20 Senate that adequate domestic supplies are not available 

21 to meet Department of Defense requirements on a timely 

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

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


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

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

4 ‘‘congressional defense committees’’ means the Armed 

5 Services Committee of the House of Representatives, the 

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

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

9 Committee on Appropriations of the House of Representa10 tives. 

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

13 maintenance and repair of aircraft, vehicles and vessels 

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

23 76 shall not apply to competitions conducted under this 

24 section. 


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

2 consultation with the United States Trade Representative, 

3 determines that a foreign country which is party to an 

4 agreement described in paragraph (2) has violated the 

5 terms of the agreement by discriminating against certain 

6 types of products produced in the United States that are 

7 covered by the agreement, the Secretary of Defense shall 

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

10 in that foreign country. 

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

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

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

16 in that country. 

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

19 purchases from foreign entities in fiscal year 2007. Such 

20 report shall separately indicate the dollar value of items 

21 for which the Buy American Act was waived pursuant to 

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

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

24 international agreement to which the United States is a 

25 party. 


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

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

3 making appropriations for the Treasury and Post Office 

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

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

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

7 SEC. 8028. Notwithstanding any other provision of 

8 law, funds available during the current fiscal year and 

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

11 program. 

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

13 contained in the Department of Defense Overseas Military 

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

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

17 be available until expended for the payments specified by 

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

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

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

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

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

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


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

2 of the Air Force. 

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

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

5 military housing units under subsection (a) in accordance 

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

7 Secretary by the Operation Walking Shield Program on 

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

10 (c) RESOLUTION OF HOUSING UNIT CONFLICTS.— 

11 The Operation Walking Shield Program shall resolve any 

12 conflicts among requests of Indian tribes for housing units 

13 under subsection (a) before submitting requests to the 

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

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

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

18 the Interior under section 104 of the Federally Recognized 

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

20 4792; 25 U.S.C. 479a–1). 

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

23 for operation and maintenance may be used to purchase 

24 items having an investment item unit cost of not more 

25 than $250,000. 


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

2 of the appropriations or funds available to the Department 

3 of Defense Working Capital Funds shall be used for the 

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

7 customers of the Department of Defense Working Capital 

8 Funds if such an item would not have been chargeable 

9 to the Department of Defense Business Operations Fund 

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

11 investment item would be chargeable during the current 

12 fiscal year to appropriations made to the Department of 

13 Defense for procurement. 

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

16 and other documentation supporting the fiscal year 2008 

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

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

21 budgeted for in a proposed fiscal year 2008 procurement 

22 appropriation and not in the supply management business 

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

24 Defense Working Capital Funds. 


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

2 Act for programs of the Central Intelligence Agency shall 

3 remain available for obligation beyond the current fiscal 

4 year, except for funds appropriated for the Reserve for 

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

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

9 during this or any prior or subsequent fiscal year shall 

10 remain available until expended: Provided further, That 

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

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

17 SEC. 8034. Notwithstanding any other provision of 

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

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

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

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


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

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

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

5 Treasury and Post Office Departments for the fiscal year 

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

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

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

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

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

12 in America, the Secretary shall determine, in accordance 

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

15 the Department of Defense. 

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

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

20 only American-made equipment and products, provided 

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

23 fashion. 

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

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


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1 or consulting services entered into without competition on 

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

3 activity responsible for the procurement determines— 

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

5 only one source is found fully qualified to perform 

6 the proposed work; 

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

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

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

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

17 not apply to contracts in an amount of less than 

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

22 Senate, determines that the award of such contract 

23 is in the interest of the national defense. 


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

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

3 be used— 

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

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

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

9 of duty remains at the location of that headquarters. 

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

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

13 and certifies to the Committees on Appropriations of the 

14 House of Representatives and Senate that the granting 

15 of the waiver will reduce the personnel requirements or 

16 the financial requirements of the department. 

17 (c) This section does not apply to— 

18 (1) field operating agencies funded within the 

19 National Intelligence Program; or 

20 (2) an Army field operating agency established 

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

23 Secretary of the Army, other similar threats. 

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

25 the Office of Economic Adjustment of the Department of 


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1 Defense, notwithstanding any other provision of law, may 

2 use funds made available in this Act under the heading 

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

4 grants and supplement other Federal funds in accordance 

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

8 (RESCISSIONS)

9 SEC. 8039. Of the funds appropriated in Department 

10 of Defense Appropriations Acts, the following funds are 

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

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

14 $100,200,000; 

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

16 $76,200,000; 

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

18 $15,000,000; 

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

20 $11,245,000; 

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

22 $108,000,000; 

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

24 $64,000,000; 

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

26 $29,600,000; 


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

2 $138,000,000; 

3 ‘‘Research, Development, Test and Evaluation, 

4 Army, 2006/2007’’, $21,600,000; 

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

6 2006/2007’’, $42,577,000; 

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

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

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

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

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

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

17 military (civilian) technicians, unless such reductions are 

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

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

22 of North Korea unless specifically appropriated for that 

23 purpose. 

24 SEC. 8042. Funds appropriated in this Act for oper25 ation and maintenance of the Military Departments, ComVerDate Aug 31 2005 00:18 Sep 09, 2006 Jkt 049200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6401 E:\BILLS\H5631.PP H5631

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1 batant Commands and Defense Agencies shall be available 

2 for reimbursement of pay, allowances and other expenses 

3 which would otherwise be incurred against appropriations 

4 for the National Guard and Reserve when members of the 

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

7 Agencies and Joint Intelligence Activities, including the 

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

10 Provided, That nothing in this section authorizes deviation 

11 from established Reserve and National Guard personnel 

12 and training procedures. 

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

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

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

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

20 is declining in some catchment areas and civilian strength 

21 reductions may be consistent with responsible resource 

22 stewardship and capitation-based budgeting. 

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

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


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

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

5 and counter-drug activities may be transferred to any 

6 other department or agency of the United States except 

7 as specifically provided in an appropriations law. 

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

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

10 bearings other than those produced by a domestic source 

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

12 the military department responsible for such procurement 

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

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

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

20 That this restriction shall not apply to the purchase of 

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

22 Office of Federal Procurement Policy Act, except that the 

23 restriction shall apply to ball or roller bearings purchased 

24 as end items. 


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

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

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

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

8 SEC. 8047. Notwithstanding any other provision of 

9 law, each contract awarded by the Department of Defense 

10 during the current fiscal year for construction or service 

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

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

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

16 include a provision requiring the contractor to employ, for 

17 the purpose of performing that portion of the contract in 

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

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

21 acquire promptly the necessary skills: Provided, That the 

22 Secretary of Defense may waive the requirements of this 

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

24 security. 


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

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

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

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

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

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

11 provisions of Acts providing supplemental appropriations 

12 for the Department of Defense. 

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

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

16 Department of Defense for the current fiscal year may be 

17 obligated or expended to transfer to another nation or an 

18 international organization any defense articles or services 

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

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

23 on Foreign Relations of the Senate are notified 15 days 

24 in advance of such transfer. 

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


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

3 VI or chapter VII of the United Nations Charter 

4 under the authority of a United Nations Security 

5 Council resolution; and 

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

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

9 (a) shall include the following: 

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

11 services to be transferred. 

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

13 supplies, or services to be transferred. 

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

16 (A) a statement of whether the inventory 

17 requirements of all elements of the Armed 

18 Forces (including the reserve components) for 

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

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

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


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

3 expended to pay a contractor under a contract with the 

4 Department of Defense for costs of any amount paid by 

5 the contractor to an employee when— 

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

7 excess of the normal salary paid by the contractor 

8 to the employee; and 

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

11 (INCLUDING TRANSFER OF FUNDS) 

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

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

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

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

17 be available for the same time period as the appropriations 

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

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

22 Code. 

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

24 of an appropriation account of the Department of Defense 

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1 pired or which has closed under the provisions of section 

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

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

5 to any current appropriation account for the same purpose 

6 as the expired or closed account if— 

7 (1) the obligation would have been properly 

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

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

11 (2) the obligation is not otherwise properly 

12 chargeable to any current appropriation account of 

13 the Department of Defense; and 

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

16 of the Department of Defense under the provisions 

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

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

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

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1 count: Provided further, That the total amount 

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

4 of the total appropriation for that account. 

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

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

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

10 Bureau shall establish the amount of reimbursement for 

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

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

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

15 associated with the use of equipment of the project under 

16 that subsection. Such funds shall be available for such 

17 purposes without fiscal year limitation. 

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

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

20 determination under section 2690 of title 10, United 

21 States Code, may implement cost-effective agreements for 

22 required heating facility modernization in the 

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

25 Kaiserslautern such agreements will include the use of 


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

4 Medical Center and Ramstein Air Base, furnished heat 

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

7 United States coal as an energy source. 

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

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

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

13 prototyping, and test activities preceding and leading to 

14 acceptance for operational use: Provided further, That this 

15 restriction does not apply to programs funded within the 

16 National Intelligence Program: Provided further, That the 

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

19 on Appropriations of the House of Representatives and the 

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

21 so. 

22 SEC. 8056. Notwithstanding any other provision of 

23 law, funds available to the Department of Defense shall 

24 be made available to provide transportation of medical 

25 supplies and equipment, on a nonreimbursable basis, to 


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1 American Samoa, and funds available to the Department 

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

5 is in conjunction with a civil-military project. 

6 SEC. 8057. (a) The Secretary of Defense may, on a 

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

8 each limitation on the procurement of defense items from 

9 foreign sources provided in law if the Secretary determines 

10 that the application of the limitation with respect to that 

11 country would invalidate cooperative programs entered 

12 into between the Department of Defense and the foreign 

13 country, or would invalidate reciprocal trade agreements 

14 for the procurement of defense items entered into under 

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

16 country does not discriminate against the same or similar 

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

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

20 (1) contracts and subcontracts entered into on 

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

22 (2) options for the procurement of items that 

23 are exercised after such date under contracts that 

24 are entered into before such date if the option prices 


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

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

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

7 Schedule and products classified under headings 4010, 

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

9 through 7229, 7304.41 through 7304.49, 7306.40, 7502 

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

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

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

13 training program involving a unit of the security forces 

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

16 that the unit has committed a gross violation of human 

17 rights, unless all necessary corrective steps have been 

18 taken. 

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

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

23 all credible information available to the Department of 

24 State relating to human rights violations by foreign secu25 rity forces. 


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1 (c) WAIVER.—The Secretary of Defense, after con2 sultation with the Secretary of State, may waive the prohi3 bition in subsection (a) if he determines that such waiver 

4 is required by extraordinary circumstances. 

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

7 Defense shall submit a report to the congressional defense 

8 committees describing the extraordinary circumstances, 

9 the purpose and duration of the training program, the 

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

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

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

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

17 ships unless the main propulsion diesel engines and 

18 propulsors are manufactured in the United States by a 

19 domestically operated entity: Provided, That the Secretary 

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

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

23 that adequate domestic supplies are not available to meet 

24 Department of Defense requirements on a timely basis 

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


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1 acquire capability for national security purposes or there 

2 exists a significant cost or quality difference. 

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

6 for the purpose of performing repairs or maintenance to 

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

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

11 SEC. 8061. Notwithstanding any other provision of 

12 law, funds appropriated in this Act under the heading 

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

15 demonstration project may only be obligated 30 days after 

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

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

19 to the congressional defense committees: Provided, That 

20 the Secretary of Defense may waive this restriction on a 

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

23 so. 

24 SEC. 8062. The Secretary of Defense shall provide 

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1 ment of this Act, to the House and Senate Appropriations 

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

4 Act. 

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

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

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

13 when the refunds are received. 

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

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

18 or mission essential financial management information 

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

21 Chief Information Officer of the Department of Defense. 

22 A system shall be considered to be registered with that 

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

24 system, together with such information concerning the 

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1 nancial management information technology system shall 

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

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

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

8 management automated information system, a mixed 

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

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

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

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

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

22 (2) The Chief Information Officer shall provide 

23 the congressional defense committees timely notifica24 tion of certifications under paragraph (1). 


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1 (c) CERTIFICATIONS AS TO COMPLIANCE WITH

2 CLINGER-COHEN ACT.— 

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

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

6 production approval, or their equivalent, within the 

7 Department of Defense until the Chief Information 

8 Officer certifies, with respect to that milestone, that 

9 the system is being developed in accordance with the 

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

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

13 any such system. 

14 (2) The Chief Information Officer shall provide 

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

17 such notification shall include, at a minimum, the 

18 funding baseline and milestone schedule for each 

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

21 respect to the system: 

22 (A) Business process reengineering. 

23 (B) An analysis of alternatives. 

24 (C) An economic analysis that includes a 

25 calculation of the return on investment. 


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1 (D) Performance measures. 

2 (E) An information assurance strategy 

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

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

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

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

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

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

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

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

15 the funds available to the Department of Defense may be 

16 used to provide support to another department or agency 

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

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

20 to such department or agency on a reimbursable basis: 

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

23 department or agency on a nonreimbursable basis, and is 

24 providing the requested support pursuant to such author25 ity: Provided further, That the Secretary of Defense may 


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

2 in writing to the Committees on Appropriations of the 

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

4 national security interest to do so. 

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

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

7 the National Guard serving on full-time National Guard 

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

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

10 Ballistic Missile Defense System. 

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

12 may be used to transfer to any nongovernmental entity 

13 ammunition held by the Department of Defense that has 

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

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

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

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

20 to demonstrate to the satisfaction of the Department of 

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

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

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1 manent Export of Unclassified Military Articles issued by 

2 the Department of State. 

3 SEC. 8068. Notwithstanding any other provision of 

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

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

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

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

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

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

13 a case-by-case basis. 

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

15 Act shall be used for the support of any nonappropriated 

16 funds activity of the Department of Defense that procures 

17 malt beverages and wine with nonappropriated funds for 

18 resale (including such alcoholic beverages sold by the 

19 drink) on a military installation located in the United 

20 States unless such malt beverages and wine are procured 

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

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

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

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1 tion is located: Provided further, That such local procure2 ment requirements for malt beverages and wine shall 

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

5 State: Provided further, That alcoholic beverages other 

6 than wine and malt beverages, in contiguous States and 

7 the District of Columbia shall be procured from the most 

8 competitive source, price and other factors considered. 

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

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

13 such system’s modernization program. 

14 (INCLUDING TRANSFER OF FUNDS) 

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

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

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

19 the Secretary of Defense is authorized to transfer such 

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

22 to enter into and carry out contracts for the acquisition 

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

25 section: Provided further, That contracts entered into 


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1 under the authority of this section may provide for such 

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

4 section shall comply with applicable Federal, State, and 

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

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

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

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

12 by the Department of Defense in fiscal year 2007. 

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

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

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

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

19 for the construction and furnishing of additional Fisher 

20 Houses to meet the needs of military family members 

21 when confronted with the illness or hospitalization of an 

22 eligible military beneficiary. 

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

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

25 attributable to efficiencies and management improvements 


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1 in the funding of miscellaneous or other contracts in the 

2 military departments, as follows: 

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

4 $31,100,000. 

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

6 $35,000,000. 

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

8 Corps’’, $5,000,000. 

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

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

12 of advisory and assistance services, to be distributed as 

13 follows: 

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

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

16 $2,000,000. 

17 (INCLUDING TRANSFER OF FUNDS) 

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

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

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

21 available for the Arrow missile defense program: Provided, 

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

23 the purpose of producing Arrow missile components in the 

24 United States and Arrow missile components and missiles 

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


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1 with each nation’s laws, regulations and procedures: Pro2 vided further, That funds made available under this provi3 sion for production of missiles and missile components 

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

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

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

9 this provision is in addition to any other transfer authority 

10 contained in this Act. 

11 (INCLUDING TRANSFER OF FUNDS) 

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

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

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

15 to fund prior year shipbuilding cost increases: Provided, 

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

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

19 amounts transferred shall be merged with and be available 

20 for the same purposes as the appropriations to which 

21 transferred: 

22 To: 

23 Under the heading ‘‘Shipbuilding and Conversion, 

24 Navy, 1999/2007’’: 

25 New SSN, $15,000,000; 


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1 Under the heading ‘‘Shipbuilding and Conversion, 

2 Navy, 2000/2007’’: 

3 LPD–17 Amphibious Transport Dock Ship 

4 Program, $39,049,000; 

5 Under the heading ‘‘Shipbuilding and Conversion, 

6 Navy, 2001/2007’’: 

7 New SSN, $31,000,000; 

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

9 Under the heading ‘‘Shipbuilding and Conversion, 

10 Navy, 2003/2007’’: 

11 New SSN, $22,000,000; 

12 Under the heading ‘‘Shipbuilding and Conversion, 

13 Navy, 2005/2009’’; and 

14 LPD–17 Amphibious Transport Dock Ship 

15 Program, $11,000,000. 

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

17 or compromise, and pay any and all admiralty claims 

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

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

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

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

23 be made from funds available to the Department of the 

24 Navy for operation and maintenance. 


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1 SEC. 8079. Funds appropriated by this Act, or made 

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

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

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

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

9 used to initiate a new start program without prior written 

10 notification to the Office of Secretary of Defense and the 

11 congressional defense committees. 

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

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

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

16 amount shall be made available to the Secretary of the 

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

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

19 by veterans to opportunities for skilled employment in the 

20 construction industry. 

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

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

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


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1 186(c)(9)), for the purposes set forth in section 6(b) of 

2 the Labor Management Cooperation Act of 1978 (29 

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

4 SEC. 8082. FINANCING AND FIELDING OF KEY ARMY

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

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

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

9 caliber ammunition resupply capability for this system 

10 supported by the Future Combat Systems (FCS) Brigade 

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

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

13 NLOS–C independent of the broader FCS development 

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

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

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

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

20 and programmatic plans will provide for no fewer than 

21 seven (7) Stryker Brigade Combat Teams. 

22 SEC. 8083. In addition to the amounts appropriated 

23 or otherwise made available elsewhere in this Act, 

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

25 Defense, to remain available until September 30, 2007: 


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1 Provided, That the Secretary of Defense shall make grants 

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

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

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

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

8 Consolidated Blood Services Facility. 

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

10 year 2008 submitted to the Congress pursuant to section 

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

12 budget justification documents for costs of United States 

13 Armed Forces’ participation in contingency operations for 

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

17 of the funding requested for each contingency operation, 

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

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

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

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

25 component, and estimates of the major weapons systems 


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1 deployed in support of each contingency: Provided further, 

2 That these documents shall include budget exhibits OP– 

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

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

6 years. 

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

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

10 missile defense system. 

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

12 Act under the heading ‘‘Operation and Maintenance, De13 fense-Wide’’, up to $20,000,000 is available for the Re14 gional Defense Counter-terrorism Fellowship Program, to 

15 fund the education and training of foreign military offi16 cers, ministry of defense civilians, and other foreign secu17 rity officials, to include United States military officers and 

18 civilian officials whose participation directly contributes to 

19 the education and training of these foreign students. 

20 SEC. 8087. None of the funds appropriated or made 

21 available in this Act shall be used to reduce or disestablish 

22 the operation of the 53rd Weather Reconnaissance Squad23 ron of the Air Force Reserve, if such action would reduce 

24 the WC–130 Weather Reconnaissance mission below the 

25 levels funded in this Act: Provided, That the Air Force 


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1 shall allow the 53rd Weather Reconnaissance Squadron to 

2 perform other missions in support of national defense re3 quirements during the non-hurricane season. 

4 SEC. 8088. None of the funds provided in this Act 

5 shall be available for integration of foreign intelligence in6 formation unless the information has been lawfully col7 lected and processed during the conduct of authorized for8 eign intelligence activities: Provided, That information 

9 pertaining to United States persons shall only be handled 

10 in accordance with protections provided in the Fourth 

11 Amendment of the United States Constitution as imple12 mented through Executive Order No. 12333. 

13 SEC. 8089. (a) At the time members of reserve com14 ponents of the Armed Forces are called or ordered to ac15 tive duty under section 12302(a) of title 10, United States 

16 Code, each member shall be notified in writing of the ex17 pected period during which the member will be mobilized. 

18 (b) The Secretary of Defense may waive the require19 ments of subsection (a) in any case in which the Secretary 

20 determines that it is necessary to do so to respond to a 

21 national security emergency or to meet dire operational 

22 requirements of the Armed Forces. 

23 (INCLUDING TRANSFER OF FUNDS) 

24 SEC. 8090. The Secretary of Defense may transfer 

25 funds from any available Department of the Navy approVerDate Aug 31 2005 00:18 Sep 09, 2006 Jkt 049200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6401 E:\BILLS\H5631.PP H5631

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1 priation to any available Navy ship construction appro2 priation for the purpose of liquidating necessary changes 

3 resulting from inflation, market fluctuations, or rate ad4 justments for any ship construction program appropriated 

5 in law: Provided, That the Secretary may transfer not to 

6 exceed $100,000,000 under the authority provided by this 

7 section: Provided further, That the funding transferred 

8 shall be available for the same time period as the appro9 priation to which transferred: Provided further, That the 

10 Secretary may not transfer any funds until 30 days after 

11 the proposed transfer has been reported to the Committees 

12 on Appropriations of the Senate and the House of Rep13 resentatives, unless sooner notified by the Committees 

14 that there is no objection to the proposed transfer: Pro15 vided further, That the transfer authority provided by this 

16 section is in addition to any other transfer authority con17 tained elsewhere in this Act. 

18 SEC. 8091. (a) The total amount appropriated or oth19 erwise made available in title II of this Act is hereby re20 duced by $45,000,000 to limit excessive growth in the 

21 travel and transportation of persons. 

22 (b) The Secretary of Defense shall allocate this re23 duction proportionately to each budget activity, activity 

24 group, subactivity group, and each program, project, and 

25 activity within each applicable appropriation account. 


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1 SEC. 8092. For purposes of section 612 of title 41, 

2 United States Code, any subdivision of appropriations 

3 made under the heading ‘‘Shipbuilding and Conversion, 

4 Navy’’ that is not closed at the time reimbursement is 

5 made shall be available to reimburse the Judgment Fund 

6 and shall be considered for the same purposes as any sub7 division under the heading ‘‘Shipbuilding and Conversion, 

8 Navy’’ appropriations in the current fiscal year or any 

9 prior fiscal year. 

10 SEC. 8093. The Secretary of Defense may present 

11 promotional materials, including a United States flag, to 

12 any member of an Active or Reserve component under the 

13 Secretary’s jurisdiction who, as determined by the Sec14 retary, participates in Operation Enduring Freedom or 

15 Operation Iraqi Freedom, along with other recognition 

16 items in conjunction with any week-long national observa17 tion and day of national celebration, if established by 

18 Presidential proclamation, for any such members return19 ing from such operations. 

20 SEC. 8094. Notwithstanding any other provision of 

21 this Act, to reflect savings from revised economic assump22 tions the total amount appropriated in title II of this Act 

23 is hereby reduced by $514,800,000, the total amount ap24 propriated in title III of this Act is hereby reduced by 

25 $93,900,000, the total amount appropriated in title IV of 


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1 this Act is hereby reduced by $315,900,000, the total 

2 amount appropriated in title V of this Act is hereby re3 duced by $10,400,000, the total amount appropriated in 

4 title VI of this Act is hereby reduced by $10,350,000, and 

5 the total amount appropriated in title VII of this Act is 

6 hereby reduced by $3,650,000: Provided, That the Sec7 retary of Defense shall allocate this reduction proportion8 ally to each budget activity, activity group, subactivity 

9 group, and each program, project, and activity, within 

10 each appropriation account: Provided further, That this re11 duction shall not apply to ‘‘Central Intelligence Agency 

12 Retirement and Disability System Fund’’. 

13 SEC. 8095. Notwithstanding any other provision in 

14 this Act, to reflect savings from favorable foreign currency 

15 fluctuations, the total amount appropriated in title I of 

16 this Act is hereby reduced by $23,200,000, the total 

17 amount appropriated in title II of this Act is hereby re18 duced by $32,800,000, the total amount appropriated in 

19 title III of this Act is hereby reduced by $22,100,000, the 

20 total amount appropriated in title IV of this Act is hereby 

21 reduced by $20,200,000, the total amount appropriated 

22 in title V of this Act is hereby reduced by $700,000, the 

23 total amount appropriated in title VI of this Act is hereby 

24 reduced by $700,000, and the total amount appropriated 

25 in title VII of this Act is hereby reduced by $300,000: 


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1 Provided, That the Secretary of Defense shall allocate this 

2 reduction proportionally to each budget activity, activity 

3 group, subactivity group, and each program, project, and 

4 activity, within each appropriation account. 

5 SEC. 8096. The Secretary of Defense shall, not later 

6 than 90 days after the enactment of this Act, submit to 

7 the congressional defense committees a report detailing 

8 the efforts by the Department of Defense Education Activ9 ity (DoDEA) to address dyslexia in students at DoDEA 

10 schools: Provided, That this report shall include a descrip11 tion of funding provided in this and other Department of 

12 Defense Appropriations Acts used by DoDEA schools to 

13 address dyslexia. 

14 SEC. 8097. Appropriations available to the Depart15 ment of Defense may be used for the purchase of heavy 

16 and light armored vehicles for force protection purposes, 

17 notwithstanding price or other limitations applicable to the 

18 purchase of passenger carrying vehicles. 

19 TITLE IX 

20 ADDITIONAL APPROPRIATIONS 

21 MILITARY PERSONNEL 

22 MILITARY PERSONNEL, ARMY

23 For an additional amount for ‘‘Military Personnel, 

24 Army’’, $4,346,710,000: Provided, That the amount pro25 vided under this heading is designated as making approVerDate Aug 31 2005 00:18 Sep 09, 2006 Jkt 049200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6401 E:\BILLS\H5631.PP H5631

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1 priations for contingency operations directly related to the 

2 global war on terrorism, and other unanticipated defense3 related operations, pursuant to section 402 of H. Con. 

4 Res. 376 (109th Congress), as made applicable to the 

5 House of Representatives by H. Res. 818 (109th Con6 gress). 

7 MILITARY PERSONNEL, NAVY

8 For an additional amount for ‘‘Military Personnel, 

9 Navy’’, $229,096,000: Provided, That the amount pro10 vided under this heading is designated as making appro11 priations for contingency operations directly related to the 

12 global war on terrorism, and other unanticipated defense13 related operations, pursuant to section 402 of H. Con. 

14 Res. 376 (109th Congress), as made applicable to the 

15 House of Representatives by H. Res. 818 (109th Con16 gress). 

17 MILITARY PERSONNEL, MARINE CORPS

18 For an additional amount for ‘‘Military Personnel, 

19 Marine Corps’’, $495,456,000: Provided, That the amount 

20 provided under this heading is designated as making ap21 propriations for contingency operations directly related to 

22 the global war on terrorism, and other unanticipated de23 fense-related operations, pursuant to section 402 of H. 

24 Con. Res. 376 (109th Congress), as made applicable to 


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1 the House of Representatives by H. Res. 818 (109th Con2 gress). 

3 MILITARY PERSONNEL, AIR FORCE

4 For an additional amount for ‘‘Military Personnel, 

5 Air Force’’, $659,788,000: Provided, That the amount 

6 provided under this heading is designated as making ap7 propriations for contingency operations directly related to 

8 the global war on terrorism, and other unanticipated de9 fense-related operations, pursuant to section 402 of H. 

10 Con. Res. 376 (109th Congress), as made applicable to 

11 the House of Representatives by H. Res. 818 (109th Con12 gress). 

13 RESERVE PERSONNEL, NAVY

14 For an additional amount for ‘‘Reserve Personnel, 

15 Navy’’, $10,000,000: Provided, That the amount provided 

16 under this heading is designated as making appropriations 

17 for contingency operations directly related to the global 

18 war on terrorism, and other unanticipated defense-related 

19 operations, pursuant to section 402 of H. Con. Res. 376 

20 (109th Congress), as made applicable to the House of 

21 Representatives by H. Res. 818 (109th Congress). 

22 NATIONAL GUARD PERSONNEL, ARMY

23 For an additional amount for ‘‘National Guard Per24 sonnel, Army’’, $251,000,000: Provided, That the amount 

25 provided under this heading is designated as making apVerDate Aug 31 2005 00:18 Sep 09, 2006 Jkt 049200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6401 E:\BILLS\H5631.PP H5631

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1 propriations for contingency operations directly related to 

2 the global war on terrorism, and other unanticipated de3 fense-related operations, pursuant to section 402 of H. 

4 Con. Res. 376 (109th Congress), as made applicable to 

5 the House of Representatives by H. Res. 818 (109th Con6 gress). 

7 OPERATION AND MAINTENANCE 

8 OPERATION AND MAINTENANCE, ARMY

9 For an additional amount for ‘‘Operation and Main10 tenance, Army’’, $24,280,000,000: Provided, That the 

11 amount provided under this heading is designated as mak12 ing appropriations for contingency operations directly re13 lated to the global war on terrorism, and other unantici14 pated defense-related operations, pursuant to section 402 

15 of H. Con. Res. 376 (109th Congress), as made applicable 

16 to the House of Representatives by H. Res. 818 (109th 

17 Congress). 

18 OPERATION AND MAINTENANCE, NAVY

19 For an additional amount for ‘‘Operation and Main20 tenance, Navy’’, $1,954,145,000: Provided, That the 

21 amount provided under this heading is designated as mak22 ing appropriations for contingency operations directly re23 lated to the global war on terrorism, and other unantici24 pated defense-related operations, pursuant to section 402 

25 of H. Con. Res. 376 (109th Congress), as made applicable 


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1 to the House of Representatives by H. Res. 818 (109th 

2 Congress). 

3 OPERATION AND MAINTENANCE, MARINE CORPS

4 For an additional amount for ‘‘Operation and Main5 tenance, Marine Corps’’, $1,781,500,000: Provided, That 

6 the amount provided under this heading is designated as 

7 making appropriations for contingency operations directly 

8 related to the global war on terrorism, and other unantici9 pated defense-related operations, pursuant to section 402 

10 of H. Con. Res. 376 (109th Congress), as made applicable 

11 to the House of Representatives by H. Res. 818 (109th 

12 Congress). 

13 OPERATION AND MAINTENANCE, AIR FORCE

14 For an additional amount for ‘‘Operation and Main15 tenance, Air Force’’, $2,987,108,000: Provided, That the 

16 amount provided under this heading is designated as mak17 ing appropriations for contingency operations directly re18 lated to the global war on terrorism, and other unantici19 pated defense-related operations, pursuant to section 402 

20 of H. Con. Res. 376 (109th Congress), as made applicable 

21 to the House of Representatives by H. Res. 818 (109th 

22 Congress). 

23 OPERATION AND MAINTENANCE, DEFENSE-WIDE

24 For an additional amount for ‘‘Operation and Main25 tenance, Defense-Wide’’, $2,186,673,000, of which up to 


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1 $300,000,000, to remain available until expended, may be 

2 used for payments to reimburse Pakistan, Jordan, and 

3 other key cooperating nations, for logistical, military, and 

4 other support provided, or to be provided, to United States 

5 military operations, notwithstanding any other provision 

6 of law: Provided, That such payments may be made in 

7 such amounts as the Secretary of Defense, with the con8 currence of the Secretary of State, and in consultation 

9 with the Director of the Office of Management and Budg10 et, may determine, in his discretion, based on documenta11 tion determined by the Secretary of Defense to adequately 

12 account for the support provided, and such determination 

13 is final and conclusive upon the accounting officers of the 

14 United States, and 15 days following notification to the 

15 appropriate congressional committees: Provided further, 

16 That the Secretary of Defense shall provide quarterly re17 ports to the congressional defense committees on the use 

18 of funds provided in this paragraph: Provided further, 

19 That the amount provided under this heading is des20 ignated as making appropriations for contingency oper21 ations directly related to the global war on terrorism, and 

22 other unanticipated defense-related operations, pursuant 

23 to section 402 of H. Con. Res. 376 (109th Congress), as 

24 made applicable to the House of Representatives by H. 

25 Res. 818 (109th Congress). 


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1 OPERATION AND MAINTENANCE, ARMY NATIONAL

2 GUARD

3 For an additional amount for ‘‘Operation and Main4 tenance, Army National Guard’’, $220,000,000: Provided, 

5 That the amount provided under this heading is des6 ignated as making appropriations for contingency oper7 ations directly related to the global war on terrorism, and 

8 other unanticipated defense-related operations, pursuant 

9 to section 402 of H. Con. Res. 376 (109th Congress), as 

10 made applicable to the House of Representatives by H. 

11 Res. 818 (109th Congress). 

12 IRAQ FREEDOM FUND

13 (INCLUDING TRANSFER OF FUNDS)

14 For an additional amount for ‘‘Iraq Freedom Fund’’, 

15 $4,000,000,000, to remain available for transfer until 

16 September 30, 2008, only to support operations in Iraq 

17 or Afghanistan and classified activities: Provided, That the 

18 Secretary of Defense may transfer the funds provided 

19 herein to appropriations for military personnel; operation 

20 and maintenance; Overseas Humanitarian, Disaster, and 

21 Civic Aid; procurement; research, development, test and 

22 evaluation; and working capital funds: Provided further, 

23 That of the amounts provided under this heading, 

24 $2,500,000,000 shall only be for classified programs, de25 scribed in further detail in the classified annex accomVerDate Aug 31 2005 00:18 Sep 09, 2006 Jkt 049200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6401 E:\BILLS\H5631.PP H5631

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1 panying this Act: Provided further, That not less than 

2 $1,500,000,000 shall be available for the Joint IED De3 feat Organization: Provided further, That funds trans4 ferred shall be merged with and be available for the same 

5 purposes and for the same time period as the appropria6 tion or fund to which transferred: Provided further, That 

7 this transfer authority is in addition to any other transfer 

8 authority available to the Department of Defense: Pro9 vided further, That upon a determination that all or part 

10 of the funds transferred from this appropriation are not 

11 necessary for the purposes provided herein, such amounts 

12 may be transferred back to this appropriation: Provided 

13 further, That the Secretary of Defense shall, not fewer 

14 than 5 days prior to making transfers from this appropria15 tion, notify the congressional defense committees in writ16 ing of the details of any such transfer: Provided further, 

17 That the Secretary shall submit a report no later than 

18 30 days after the end of each fiscal quarter to the congres19 sional defense committees summarizing the details of the 

20 transfer of funds from this appropriation: Provided fur21 ther, That the amount provided under this heading is des22 ignated as making appropriations for contingency oper23 ations directly related to the global war on terrorism, and 

24 other unanticipated defense-related operations, pursuant 

25 to section 402 of H. Con. Res. 376 (109th Congress), as 


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1 made applicable to the House of Representatives by H. 

2 Res. 818 (109th Congress). 

3 PROCUREMENT 

4 AIRCRAFT PROCUREMENT, ARMY

5 For an additional amount for ‘‘Aircraft Procurement, 

6 Army’’, $132,400,000, to remain available for obligation 

7 until September 30, 2009: Provided, That the amount pro8 vided under this heading is designated as making appro9 priations for contingency operations directly related to the 

10 global war on terrorism, and other unanticipated defense11 related operations, pursuant to section 402 of H. Con. 

12 Res. 376 (109th Congress), as made applicable to the 

13 House of Representatives by H. Res. 818 (109th Con14 gress). 

15 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

16 VEHICLES, ARMY

17 For an additional amount for ‘‘Procurement of Weap18 ons and Tracked Combat Vehicles, Army’’, 

19 $1,214,672,000, to remain available for obligation until 

20 September 30, 2009: Provided, That the amount provided 

21 under this heading is designated as making appropriations 

22 for contingency operations directly related to the global 

23 war on terrorism, and other unanticipated defense-related 

24 operations, pursuant to section 402 of H. Con. Res. 376 


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1 (109th Congress), as made applicable to the House of 

2 Representatives by H. Res. 818 (109th Congress). 

3 PROCUREMENT OF AMMUNITION, ARMY

4 For an additional amount for ‘‘Procurement of Am5 munition, Army’’, $275,241,000, to remain available for 

6 obligation until September 30, 2009: Provided, That the 

7 amount provided under this heading is designated as mak8 ing appropriations for contingency operations directly re9 lated to the global war on terrorism, and other unantici10 pated defense-related operations, pursuant to section 402 

11 of H. Con. Res. 376 (109th Congress), as made applicable 

12 to the House of Representatives by H. Res. 818 (109th 

13 Congress). 

14 OTHER PROCUREMENT, ARMY

15 For an additional amount for ‘‘Other Procurement, 

16 Army’’, $1,939,830,000, to remain available for obligation 

17 until September 30, 2009: Provided, That the amount pro18 vided under this heading is designated as making appro19 priations for contingency operations directly related to the 

20 global war on terrorism, and other unanticipated defense21 related operations, pursuant to section 402 of H. Con. 

22 Res. 376 (109th Congress), as made applicable to the 

23 House of Representatives by H. Res. 818 (109th Con24 gress). 


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1 AIRCRAFT PROCUREMENT, NAVY

2 For an additional amount for ‘‘Aircraft Procurement, 

3 Navy’’, $34,916,000, to remain available for obligation 

4 until September 30, 2009: Provided, That the amount pro5 vided under this heading is designated as making appro6 priations for contingency operations directly related to the 

7 global war on terrorism, and other unanticipated defense8 related operations, pursuant to section 402 of H. Con. 

9 Res. 376 (109th Congress), as made applicable to the 

10 House of Representatives by H. Res. 818 (109th Con11 gress). 

12 WEAPONS PROCUREMENT, NAVY

13 For an additional amount for ‘‘Weapons Procure14 ment, Navy’’, $131,400,000, to remain available for obli15 gation until September 30, 2009: Provided, That the 

16 amount provided under this heading is designated as mak17 ing appropriations for contingency operations directly re18 lated to the global war on terrorism, and other unantici19 pated defense-related operations, pursuant to section 402 

20 of H. Con. Res. 376 (109th Congress), as made applicable 

21 to the House of Representatives by H. Res. 818 (109th 

22 Congress). 


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1 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

2 CORPS

3 For an additional amount for ‘‘Procurement of Am4 munition, Navy and Marine Corps’’, $143,150,000, to re5 main available for obligation until September 30, 2009: 

6 Provided, That the amount provided under this heading 

7 is designated as making appropriations for contingency 

8 operations directly related to the global war on terrorism, 

9 and other unanticipated defense-related operations, pursu10 ant to section 402 of H. Con. Res. 376 (109th Congress), 

11 as made applicable to the House of Representatives by H. 

12 Res. 818 (109th Congress). 

13 OTHER PROCUREMENT, NAVY

14 For an additional amount for ‘‘Other Procurement, 

15 Navy’’, $28,865,000, to remain available for obligation 

16 until September 30, 2009: Provided, That the amount pro17 vided under this heading is designated as making appro18 priations for contingency operations directly related to the 

19 global war on terrorism, and other unanticipated defense20 related operations, pursuant to section 402 of H. Con. 

21 Res. 376 (109th Congress), as made applicable to the 

22 House of Representatives by H. Res. 818 (109th Con23 gress). 


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1 PROCUREMENT, MARINE CORPS

2 For an additional amount for ‘‘Procurement, Marine 

3 Corps’’, $621,450,000, to remain available for obligation 

4 until September 30, 2009: Provided, That the amount pro5 vided under this heading is designated as making appro6 priations for contingency operations directly related to the 

7 global war on terrorism, and other unanticipated defense8 related operations, pursuant to section 402 of H. Con. 

9 Res. 376 (109th Congress), as made applicable to the 

10 House of Representatives by H. Res. 818 (109th Con11 gress). 

12 AIRCRAFT PROCUREMENT, AIR FORCE

13 For an additional amount for ‘‘Aircraft Procurement, 

14 Air Force’’, $912,500,000, to remain available for obliga15 tion until September 30, 2009: Provided, That the amount 

16 provided under this heading is designated as making ap17 propriations for contingency operations directly related to 

18 the global war on terrorism, and other unanticipated de19 fense-related operations, pursuant to section 402 of H. 

20 Con. Res. 376 (109th Congress), as made applicable to 

21 the House of Representatives by H. Res. 818 (109th Con22 gress). 

23 MISSILE PROCUREMENT, AIR FORCE

24 For an additional amount for ‘‘Missile Procurement, 

25 Air Force’’, $32,650,000, to remain available for obligaVerDate Aug 31 2005 00:18 Sep 09, 2006 Jkt 049200 PO 00000 Frm 00108 Fmt 6652 Sfmt 6401 E:\BILLS\H5631.PP H5631

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1 tion until September 30, 2009: Provided, That the amount 

2 provided under this heading is designated as making ap3 propriations for contingency operations directly related to 

4 the global war on terrorism, and other unanticipated de5 fense-related operations, pursuant to section 402 of H. 

6 Con. Res. 376 (109th Congress), as made applicable to 

7 the House of Representatives by H. Res. 818 (109th Con8 gress). 

9 OTHER PROCUREMENT, AIR FORCE

10 For an additional amount for ‘‘Other Procurement, 

11 Air Force’’, $9,850,000, to remain available for obligation 

12 until September 30, 2009: Provided, That the amount pro13 vided under this heading is designated as making appro14 priations for contingency operations directly related to the 

15 global war on terrorism, and other unanticipated defense16 related operations, pursuant to section 402 of H. Con. 

17 Res. 376 (109th Congress), as made applicable to the 

18 House of Representatives by H. Res. 818 (109th Con19 gress). 

20 PROCUREMENT, DEFENSE-WIDE

21 For an additional amount for ‘‘Procurement, De22 fense-Wide’’, $121,600,000, to remain available for obliga23 tion until September 30, 2009: Provided, That the amount 

24 provided under this heading is designated as making ap25 propriations for contingency operations directly related to 


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1 the global war on terrorism, and other unanticipated de2 fense-related operations, pursuant to section 402 of H. 

3 Con. Res. 376 (109th Congress), as made applicable to 

4 the House of Representatives by H. Res. 818 (109th Con5 gress). 

6 REVOLVING AND MANAGEMENT FUNDS 

7 DEFENSE WORKING CAPITAL FUNDS

8 For an additional amount for ‘‘Defense Working 

9 Capital Funds’’, $1,000,000,000: Provided, That the 

10 amount provided under this heading is designated as mak11 ing appropriations for contingency operations directly re12 lated to the global war on terrorism, and other unantici13 pated defense-related operations, pursuant to section 402 

14 of H. Con. Res. 376 (109th Congress), as made applicable 

15 to the House of Representatives by H. Res. 818 (109th 

16 Congress). 

17 GENERAL PROVISIONS 

18 SEC. 9001. Appropriations provided in this title are 

19 available for obligation until September 30, 2007, unless 

20 otherwise so provided in this title. 

21 SEC. 9002. Notwithstanding any other provision of 

22 law or of this Act, funds made available in this title are 

23 in addition to amounts provided elsewhere in this Act. 


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1 (TRANSFER OF FUNDS) 

2 SEC. 9003. Upon his determination that such action 

3 is necessary in the national interest, the Secretary of De4 fense may transfer between appropriations up to 

5 $2,500,000,000 of the funds made available to the De6 partment of Defense in this title: Provided, That the Sec7 retary shall notify the Congress promptly of each transfer 

8 made pursuant to the authority in this section: Provided 

9 further, That the authority provided in this section is in 

10 addition to any other transfer authority available to the 

11 Department of Defense and is subject to the same terms 

12 and conditions as the authority provided in section 8005 

13 of this Act. 

14 SEC. 9004. Funds appropriated in this title, or made 

15 available by the transfer of funds in or pursuant to this 

16 title, for intelligence activities are deemed to be specifically 

17 authorized by the Congress for purposes of section 504 

18 of the National Security Act of 1947 (50 U.S.C. 414). 

19 SEC. 9005. None of the funds provided in this title 

20 may be used to finance programs or activities denied by 

21 Congress in fiscal years 2006 or 2007 appropriations to 

22 the Department of Defense or to initiate a procurement 

23 or research, development, test and evaluation new start 

24 program without prior written notification to the congres25 sional defense committees. 


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1 SEC. 9006. Notwithstanding any other provision of 

2 law, of the funds made available in this title to the Depart3 ment of Defense for operation and maintenance, not to 

4 exceed $1,000,000,000 may be used by the Secretary of 

5 Defense, with the concurrence of the Secretary of State, 

6 to train, equip and provide related assistance only to mili7 tary or security forces of Iraq and Afghanistan to enhance 

8 their capability to combat terrorism and to support United 

9 States military operations in Iraq and Afghanistan: Pro10 vided, That such assistance may include the provision of 

11 equipment, supplies, services, training, infrastructure and 

12 funding: Provided further, That the authority to provide 

13 assistance under this section is in addition to any other 

14 authority to provide assistance to foreign nations: Pro15 vided further, That the Secretary of Defense shall notify 

16 the congressional defense committees, the Committee on 

17 International Relations of the House of Representatives, 

18 and the Committee on Foreign Relations of the Senate 

19 not less than 15 days before providing assistance under 

20 the authority of this section. 

21 SEC. 9007. (a) From funds made available in this 

22 title to the Department of Defense, not to exceed 

23 $500,000,000 may be used, notwithstanding any other 

24 provision of law, to fund the Commander’s Emergency Re25 sponse Program, for the purpose of enabling military comVerDate Aug 31 2005 00:18 Sep 09, 2006 Jkt 049200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6401 E:\BILLS\H5631.PP H5631

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1 manders in Iraq to respond to urgent humanitarian relief 

2 and reconstruction requirements within their areas of re3 sponsibility by carrying out programs that will imme4 diately assist the Iraqi people, and to fund a similar pro5 gram to assist the people of Afghanistan. 

6 (b) QUARTERLY REPORTS.—Not later than 15 days 

7 after the end of each fiscal year quarter (beginning with 

8 the first quarter of fiscal year 2007), the Secretary of De9 fense shall submit to the congressional defense committees 

10 a report regarding the source of funds and the allocation 

11 and use of funds during that quarter that were made 

12 available pursuant to the authority provided in this section 

13 or under any other provision of law for the purposes of 

14 the programs under subsection (a). 

15 SEC. 9008. During the current fiscal year, funds 

16 available to the Department of Defense for operation and 

17 maintenance may be used, notwithstanding any other pro18 vision of law, to provide supplies, services, transportation, 

19 including airlift and sealift, and other logistical support 

20 to coalition forces supporting military and stability oper21 ations in Iraq and Afghanistan: Provided, That the Sec22 retary of Defense shall provide quarterly reports to the 

23 congressional defense committees regarding support pro24 vided under this section. 


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1 SEC. 9009. Supervision and administration costs as2 sociated with a construction project funded with appro3 priations available for operation and maintenance, and ex4 ecuted in direct support of the Global War on Terrorism 

5 only in Iraq and Afghanistan, may be obligated at the time 

6 a construction contract is awarded: Provided, That for the 

7 purpose of this section, supervision and administration 

8 costs include all in-house Government costs. 

9 SEC. 9010. The reporting requirements of section 

10 9010 of Public Law 109–148 shall apply to the funds ap11 propriated in this title. 

12 SEC. 9011. Amounts provided in chapter 1 of title 

13 V of the Emergency Supplemental Appropriations Act for 

14 Defense, the Global War on Terror, and Hurricane Recov15 ery, 2006 are hereby designated as emergency require16 ments pursuant to section 402 of H. Con. Res. 95 (109th 

17 Congress), the concurrent resolution on the budget for fis18 cal year 2006. 

19 SEC. 9012. None of the funds made available in this 

20 Act may be used by the Government of the United States 

21 to enter into a basing rights agreement between the 

22 United States and Iraq. 

23 TITLE X—ADDITIONAL GENERAL PROVISIONS 

24 SEC. 10001. None of the funds made available in this 

25 Act may be obligated or expended to provide award fees 


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1 to any defense contractor for performance that does not 

2 meet the requirements of the contract concerned. 

3 SEC. 10002. None of the funds made available in this 

4 Act may be used in contravention of the following laws 

5 enacted or regulations promulgated to implement the 

6 United Nations Convention Against Torture and Other 

7 Cruel, Inhuman or Degrading Treatment or Punishment 

8 (done at New York on December 10, 1984): 

9 (1) Section 2340A of title 18, United States 

10 Code. 

11 (2) Section 2242 of the Foreign Affairs Reform 

12 and Restructuring Act of 1998 (division G of Public 

13 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 

14 note) and any regulations prescribed thereto, includ15 ing regulations under part 208 of title 8, Code of 

16 Federal Regulations, and part 95 of title 22, Code 

17 of Federal Regulations. 

18 (3) Sections 1002 and 1003 of the Department 

19 of Defense, Emergency Supplemental Appropriations 

20 to Address Hurricanes in the Gulf of Mexico, and 

21 Pandemic Influenza Act, 2006 (Public Law 109– 

22 148). 

23 SEC. 10003. None of the funds appropriated by this 

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1 gated under chapter 43, 71, 75, or 77 of title 5, United 

2 States Code. 

3 SEC. 10004. None of the funds made available in this 

4 Act may be used to enter into or carry out a contract for 

5 the performance by a contractor of any base operation 

6 support service at Walter Reed Army Medical Hospital 

7 pursuant to the public-private competition conducted 

8 under Office of Management and Budget Circular A–76 

9 that was initiated on June 13, 2000, and that has the 

10 solicitation number DADA 10–03–R-0001. 

11 This Act may be cited as the ‘‘Department of Defense 

12 Appropriations Act, 2007’’. 

13 That the following sums are appropriated, out of any 

14 money in the Treasury not otherwise appropriated, for the 

15 fiscal year ending September 30, 2007, for military func16 tions administered by the Department of Defense and for 

17 other purposes, namely: 

18 TITLE I 

19 MILITARY PERSONNEL 

20 MILITARY PERSONNEL, ARMY

21 For pay, allowances, individual clothing, subsistence, 

22 interest on deposits, gratuities, permanent change of station 

23 travel (including all expenses thereof for organizational 

24 movements), and expenses of temporary duty travel between 

25 permanent duty stations, for members of the Army on active 


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1 duty, (except members of reserve components provided for 

2 elsewhere), cadets, and aviation cadets; for members of the 

3 Reserve Officers’ Training Corps; and for payments pursu4 ant to section 156 of Public Law 97–377, as amended (42 

5 U.S.C. 402 note), and to the Department of Defense Mili6 tary Retirement Fund, $29,080,473,000. 

7 MILITARY PERSONNEL, NAVY

8 For pay, allowances, individual clothing, subsistence, 

9 interest on deposits, gratuities, permanent change of station 

10 travel (including all expenses thereof for organizational 

11 movements), and expenses of temporary duty travel between 

12 permanent duty stations, for members of the Navy on active 

13 duty (except members of the Reserve provided for elsewhere), 

14 midshipmen, and aviation cadets; for members of the Re15 serve Officers’ Training Corps; and for payments pursuant 

16 to section 156 of Public Law 97–377, as amended (42 

17 U.S.C. 402 note), and to the Department of Defense Mili18 tary Retirement Fund, $23,186,011,000. 

19 MILITARY PERSONNEL, MARINE CORPS

20 For pay, allowances, individual clothing, subsistence, 

21 interest on deposits, gratuities, permanent change of station 

22 travel (including all expenses thereof for organizational 

23 movements), and expenses of temporary duty travel between 

24 permanent duty stations, for members of the Marine Corps 

25 on active duty (except members of the Reserve provided for 


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1 elsewhere); and for payments pursuant to section 156 of 

2 Public Law 97–377, as amended (42 U.S.C. 402 note), and 

3 to the Department of Defense Military Retirement Fund, 

4 $9,246,696,000. 

5 MILITARY PERSONNEL, AIR FORCE

6 For pay, allowances, individual clothing, subsistence, 

7 interest on deposits, gratuities, permanent change of station 

8 travel (including all expenses thereof for organizational 

9 movements), and expenses of temporary duty travel between 

10 permanent duty stations, for members of the Air Force on 

11 active duty (except members of reserve components provided 

12 for elsewhere), cadets, and aviation cadets; for members of 

13 the Reserve Officers’ Training Corps; and for payments 

14 pursuant to section 156 of Public Law 97–377, as amended 

15 (42 U.S.C. 402 note), and to the Department of Defense 

16 Military Retirement Fund, $22,940,686,000. 

17 RESERVE PERSONNEL, ARMY

18 For pay, allowances, clothing, subsistence, gratuities, 

19 travel, and related expenses for personnel of the Army Re20 serve on active duty under sections 10211, 10302, and 3038 

21 of title 10, United States Code, or while serving on active 

22 duty under section 12301(d) of title 10, United States Code, 

23 in connection with performing duty specified in section 

24 12310(a) of title 10, United States Code, or while under25 going reserve training, or while performing drills or equivaVerDate Aug 31 2005 00:18 Sep 09, 2006 Jkt 049200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6203 E:\BILLS\H5631.PP H5631

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1 lent duty or other duty, and expenses authorized by section 

2 16131 of title 10, United States Code; and for payments 

3 to the Department of Defense Military Retirement Fund, 

4 $3,304,247,000. 

5 RESERVE PERSONNEL, NAVY

6 For pay, allowances, clothing, subsistence, gratuities, 

7 travel, and related expenses for personnel of the Navy Re8 serve on active duty under section 10211 of title 10, United 

9 States Code, or while serving on active duty under section 

10 12301(d) of title 10, United States Code, in connection with 

11 performing duty specified in section 12310(a) of title 10, 

12 United States Code, or while undergoing reserve training, 

13 or while performing drills or equivalent duty, and expenses 

14 authorized by section 16131 of title 10, United States Code; 

15 and for payments to the Department of Defense Military 

16 Retirement Fund, $1,760,676,000. 

17 RESERVE PERSONNEL, MARINE CORPS

18 For pay, allowances, clothing, subsistence, gratuities, 

19 travel, and related expenses for personnel of the Marine 

20 Corps Reserve on active duty under section 10211 of title 

21 10, United States Code, or while serving on active duty 

22 under section 12301(d) of title 10, United States Code, in 

23 connection with performing duty specified in section 

24 12310(a) of title 10, United States Code, or while under25 going reserve training, or while performing drills or equivaVerDate Aug 31 2005 00:18 Sep 09, 2006 Jkt 049200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6203 E:\BILLS\H5631.PP H5631

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1 lent duty, and for members of the Marine Corps platoon 

2 leaders class, and expenses authorized by section 16131 of 

3 title 10, United States Code; and for payments to the De4 partment of Defense Military Retirement Fund, 

5 $535,438,000. 

6 RESERVE PERSONNEL, AIR FORCE

7 For pay, allowances, clothing, subsistence, gratuities, 

8 travel, and related expenses for personnel of the Air Force 

9 Reserve on active duty under sections 10211, 10305, and 

10 8038 of title 10, United States Code, or while serving on 

11 active duty under section 12301(d) of title 10, United States 

12 Code, in connection with performing duty specified in sec13 tion 12310(a) of title 10, United States Code, or while un14 dergoing reserve training, or while performing drills or 

15 equivalent duty or other duty, and expenses authorized by 

16 section 16131 of title 10, United States Code; and for pay17 ments to the Department of Defense Military Retirement 

18 Fund, $1,329,278,000. 

19 NATIONAL GUARD PERSONNEL, ARMY

20 For pay, allowances, clothing, subsistence, gratuities, 

21 travel, and related expenses for personnel of the Army Na22 tional Guard while on duty under section 10211, 10302, 

23 or 12402 of title 10 or section 708 of title 32, United States 

24 Code, or while serving on duty under section 12301(d) of 

25 title 10 or section 502(f) of title 32, United States Code, 


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1 in connection with performing duty specified in section 

2 12310(a) of title 10, United States Code, or while under3 going training, or while performing drills or equivalent 

4 duty or other duty, and expenses authorized by section 

5 16131 of title 10, United States Code; and for payments 

6 to the Department of Defense Military Retirement Fund, 

7 $5,258,080,000. 

8 NATIONAL GUARD PERSONNEL, AIR FORCE

9 For pay, allowances, clothing, subsistence, gratuities, 

10 travel, and related expenses for personnel of the Air Na11 tional Guard on duty under section 10211, 10305, or 12402 

12 of title 10 or section 708 of title 32, United States Code, 

13 or while serving on duty under section 12301(d) of title 10 

14 or section 502(f) of title 32, United States Code, in connec15 tion with performing duty specified in section 12310(a) of 

16 title 10, United States Code, or while undergoing training, 

17 or while performing drills or equivalent duty or other duty, 

18 and expenses authorized by section 16131 of title 10, United 

19 States Code; and for payments to the Department of Defense 

20 Military Retirement Fund, $2,369,255,000. 

21 TITLE II 

22 OPERATION AND MAINTENANCE 

23 OPERATION AND MAINTENANCE, ARMY

24 For expenses, not otherwise provided for, necessary for 

25 the operation and maintenance of the Army, as authorized 


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1 by law; and not to exceed $11,478,000 can be used for emer2 gencies and extraordinary expenses, to be expended on the 

3 approval or authority of the Secretary of the Army, and 

4 payments may be made on his certificate of necessity for 

5 confidential military purposes, $23,980,180,000. 

6 OPERATION AND MAINTENANCE, NAVY

7 For expenses, not otherwise provided for, necessary for 

8 the operation and maintenance of the Navy and the Marine 

9 Corps, as authorized by law; and not to exceed $6,129,000 

10 can be used for emergencies and extraordinary expenses, to 

11 be expended on the approval or authority of the Secretary 

12 of the Navy, and payments may be made on his certificate 

13 of necessity for confidential military purposes, 

14 $30,779,084,000. 

15 OPERATION AND MAINTENANCE, MARINE CORPS

16 For expenses, not otherwise provided for, necessary for 

17 the operation and maintenance of the Marine Corps, as au18 thorized by law, $3,739,862,000. 

19 OPERATION AND MAINTENANCE, AIR FORCE

20 For expenses, not otherwise provided for, necessary for 

21 the operation and maintenance of the Air Force, as author22 ized by law; and not to exceed $7,699,000 can be used for 

23 emergencies and extraordinary expenses, to be expended on 

24 the approval or authority of the Secretary of the Air Force, 


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1 and payments may be made on his certificate of necessity 

2 for confidential military purposes, $30,053,427,000. 

3 OPERATION AND MAINTENANCE, DEFENSE-WIDE

4 (INCLUDING TRANSFER OF FUNDS)

5 For expenses, not otherwise provided for, necessary for 

6 the operation and maintenance of activities and agencies 

7 of the Department of Defense (other than the military de8 partments), as authorized by law, $19,919,175,000: Pro9 vided, That not more than $25,000,000 may be used for 

10 the Combatant Commander Initiative Fund authorized 

11 under section 166a of title 10, United States Code: Provided 

12 further, That not to exceed $36,000,000 can be used for 

13 emergencies and extraordinary expenses, to be expended on 

14 the approval or authority of the Secretary of Defense, and 

15 payments may be made on his certificate of necessity for 

16 confidential military purposes: Provided further, That of 

17 the funds provided under this heading, not less than 

18 $27,037,000 shall be made available for the Procurement 

19 Technical Assistance Cooperative Agreement Program, of 

20 which not less than $3,600,000 shall be available for centers 

21 defined in 10 U.S.C. 2411(1)(D): Provided further, That 

22 none of the funds appropriated or otherwise made available 

23 by this Act may be used to plan or implement the consolida24 tion of a budget or appropriations liaison office of the Office 

25 of the Secretary of Defense, the office of the Secretary of 


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1 a military department, or the service headquarters of one 

2 of the Armed Forces into a legislative affairs or legislative 

3 liaison office: Provided further, That $4,000,000, to remain 

4 available until expended, is available only for expenses re5 lating to certain classified activities, and may be trans6 ferred as necessary by the Secretary to operation and main7 tenance appropriations or research, development, test and 

8 evaluation appropriations, to be merged with and to be 

9 available for the same time period as the appropriations 

10 to which transferred: Provided further, That any ceiling on 

11 the investment item unit cost of items that may be pur12 chased with operation and maintenance funds shall not 

13 apply to the funds described in the preceding proviso: Pro14 vided further, That the transfer authority provided under 

15 this heading is in addition to any other transfer authority 

16 provided elsewhere in this Act. 

17 OPERATION AND MAINTENANCE, ARMY RESERVE

18 For expenses, not otherwise provided for, necessary for 

19 the operation and maintenance, including training, organi20 zation, and administration, of the Army Reserve; repair of 

21 facilities and equipment; hire of passenger motor vehicles; 

22 travel and transportation; care of the dead; recruiting; pro23 curement of services, supplies, and equipment; and commu24 nications, $2,158,278,000. 


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1 OPERATION AND MAINTENANCE, NAVY RESERVE

2 For expenses, not otherwise provided for, necessary for 

3 the operation and maintenance, including training, organi4 zation, and administration, of the Navy Reserve; repair of 

5 facilities and equipment; hire of passenger motor vehicles; 

6 travel and transportation; care of the dead; recruiting; pro7 curement of services, supplies, and equipment; and commu8 nications, $1,275,764,000. 

9 OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

10 For expenses, not otherwise provided for, necessary for 

11 the operation and maintenance, including training, organi12 zation, and administration, of the Marine Corps Reserve; 

13 repair of facilities and equipment; hire of passenger motor 

14 vehicles; travel and transportation; care of the dead; recruit15 ing; procurement of services, supplies, and equipment; and 

16 communications, $208,811,000. 

17 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

18 For expenses, not otherwise provided for, necessary for 

19 the operation and maintenance, including training, organi20 zation, and administration, of the Air Force Reserve; repair 

21 of facilities and equipment; hire of passenger motor vehicles; 

22 travel and transportation; care of the dead; recruiting; pro23 curement of services, supplies, and equipment; and commu24 nications, $2,624,300,000. 


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1 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

2 For expenses of training, organizing, and admin3 istering the Army National Guard, including medical and 

4 hospital treatment and related expenses in non-Federal hos5 pitals; maintenance, operation, and repairs to structures 

6 and facilities; hire of passenger motor vehicles; personnel 

7 services in the National Guard Bureau; travel expenses 

8 (other than mileage), as authorized by law for Army per9 sonnel on active duty, for Army National Guard division, 

10 regimental, and battalion commanders while inspecting 

11 units in compliance with National Guard Bureau regula12 tions when specifically authorized by the Chief, National 

13 Guard Bureau; supplying and equipping the Army Na14 tional Guard as authorized by law; and expenses of repair, 

15 modification, maintenance, and issue of supplies and 

16 equipment (including aircraft), $4,655,565,000. 

17 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

18 For expenses of training, organizing, and admin19 istering the Air National Guard, including medical and 

20 hospital treatment and related expenses in non-Federal hos21 pitals; maintenance, operation, and repairs to structures 

22 and facilities; transportation of things, hire of passenger 

23 motor vehicles; supplying and equipping the Air National 

24 Guard, as authorized by law; expenses for repair, modifica25 tion, maintenance, and issue of supplies and equipment, 


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1 including those furnished from stocks under the control of 

2 agencies of the Department of Defense; travel expenses (other 

3 than mileage) on the same basis as authorized by law for 

4 Air National Guard personnel on active Federal duty, for 

5 Air National Guard commanders while inspecting units in 

6 compliance with National Guard Bureau regulations when 

7 specifically authorized by the Chief, National Guard Bu8 reau, $5,008,392,000. 

9 UNITED STATES COURTOF APPEALS FOR THE ARMED

10 FORCES

11 For salaries and expenses necessary for the United 

12 States Court of Appeals for the Armed Forces, $11,721,000, 

13 of which not to exceed $5,000 may be used for official rep14 resentation purposes. 

15 ENVIRONMENTAL RESTORATION, ARMY

16 (INCLUDING TRANSFER OF FUNDS)

17 For the Department of the Army, $413,794,000, to re18 main available until transferred: Provided, That the Sec19 retary of the Army shall, upon determining that such funds 

20 are required for environmental restoration, reduction and 

21 recycling of hazardous waste, removal of unsafe buildings 

22 and debris of the Department of the Army, or for similar 

23 purposes, transfer the funds made available by this appro24 priation to other appropriations made available to the De25 partment of the Army, to be merged with and to be available 


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1 for the same purposes and for the same time period as the 

2 appropriations to which transferred: Provided further, That 

3 upon a determination that all or part of the funds trans4 ferred from this appropriation are not necessary for the 

5 purposes provided herein, such amounts may be transferred 

6 back to this appropriation. 

7 ENVIRONMENTAL RESTORATION, NAVY

8 (INCLUDING TRANSFER OF FUNDS)

9 For the Department of the Navy, $304,409,000, to re10 main available until transferred: Provided, That the Sec11 retary of the Navy shall, upon determining that such funds 

12 are required for environmental restoration, reduction and 

13 recycling of hazardous waste, removal of unsafe buildings 

14 and debris of the Department of the Navy, or for similar 

15 purposes, transfer the funds made available by this appro16 priation to other appropriations made available to the De17 partment of the Navy, to be merged with and to be available 

18 for the same purposes and for the same time period as the 

19 appropriations to which transferred: Provided further, That 

20 upon a determination that all or part of the funds trans21 ferred from this appropriation are not necessary for the 

22 purposes provided herein, such amounts may be transferred 

23 back to this appropriation. 


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1 ENVIRONMENTAL RESTORATION, AIR FORCE

2 (INCLUDING TRANSFER OF FUNDS)

3 For the Department of the Air Force, $423,871,000, 

4 to remain available until transferred: Provided, That the 

5 Secretary of the Air Force shall, upon determining that 

6 such funds are required for environmental restoration, re7 duction and recycling of hazardous waste, removal of unsafe 

8 buildings and debris of the Department of the Air Force, 

9 or for similar purposes, transfer the funds made available 

10 by this appropriation to other appropriations made avail11 able to the Department of the Air Force, to be merged with 

12 and to be available for the same purposes and for the same 

13 time period as the appropriations to which transferred: 

14 Provided further, That upon a determination that all or 

15 part of the funds transferred from this appropriation are 

16 not necessary for the purposes provided herein, such 

17 amounts may be transferred back to this appropriation. 

18 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

19 (INCLUDING TRANSFER OF FUNDS)

20 For the Department of Defense, $18,431,000, to remain 

21 available until transferred: Provided, That the Secretary of 

22 Defense shall, upon determining that such funds are re23 quired for environmental restoration, reduction and recy24 cling of hazardous waste, removal of unsafe buildings and 

25 debris of the Department of Defense, or for similar purposes, 


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1 transfer the funds made available by this appropriation to 

2 other appropriations made available to the Department of 

3 Defense, to be merged with and to be available for the same 

4 purposes and for the same time period as the appropria5 tions to which transferred: Provided further, That upon a 

6 determination that all or part of the funds transferred from 

7 this appropriation are not necessary for the purposes pro8 vided herein, such amounts may be transferred back to this 

9 appropriation. 

10 ENVIRONMENTAL RESTORATION, FORMERLY USED

11 DEFENSE SITES

12 (INCLUDING TRANSFER OF FUNDS)

13 For the Department of the Army, $282,790,000, to re14 main available until transferred: Provided, That the Sec15 retary of the Army shall, upon determining that such funds 

16 are required for environmental restoration, reduction and 

17 recycling of hazardous waste, removal of unsafe buildings 

18 and debris at sites formerly used by the Department of De19 fense, transfer the funds made available by this appropria20 tion to other appropriations made available to the Depart21 ment of the Army, to be merged with and to be available 

22 for the same purposes and for the same time period as the 

23 appropriations to which transferred: Provided further, That 

24 upon a determination that all or part of the funds trans25 ferred from this appropriation are not necessary for the 


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1 purposes provided herein, such amounts may be transferred 

2 back to this appropriation. 

3 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

4 For expenses relating to the Overseas Humanitarian, 

5 Disaster, and Civic Aid programs of the Department of De6 fense (consisting of the programs provided under sections 

7 401, 402, 404, 2557, and 2561 of title 10, United States 

8 Code), $63,204,000, to remain available until September 

9 30, 2008. 

10 FORMER SOVIET UNION THREAT REDUCTION ACCOUNT

11 For assistance to the republics of the former Soviet 

12 Union, including assistance provided by contract or by 

13 grants, for facilitating the elimination and the safe and se14 cure transportation and storage of nuclear, chemical and 

15 other weapons; for establishing programs to prevent the pro16 liferation of weapons, weapons components, and weapon17 related technology and expertise; for programs relating to 

18 the training and support of defense and military personnel 

19 for demilitarization and protection of weapons, weapons 

20 components and weapons technology and expertise, and for 

21 defense and military contacts, $372,128,000, to remain 

22 available until September 30, 2009: Provided, That of the 

23 amounts provided under this heading, $15,000,000 shall be 

24 available only to support the dismantling and disposal of 

25 nuclear submarines, submarine reactor components, and seVerDate Aug 31 2005 00:18 Sep 09, 2006 Jkt 049200 PO 00000 Frm 00131 Fmt 6652 Sfmt 6203 E:\BILLS\H5631.PP H5631

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1 curity enhancements for transport and storage of nuclear 

2 warheads in the Russian Far East. 

3 TITLE III 

4 PROCUREMENT 

5 AIRCRAFT PROCUREMENT, ARMY

6 For construction, procurement, production, modifica7 tion, and modernization of aircraft, equipment, including 

8 ordnance, ground handling equipment, spare parts, and ac9 cessories therefor; specialized equipment and training de10 vices; expansion of public and private plants, including the 

11 land necessary therefor, for the foregoing purposes, and such 

12 lands and interests therein, may be acquired, and construc13 tion prosecuted thereon prior to approval of title; and pro14 curement and installation of equipment, appliances, and 

15 machine tools in public and private plants; reserve plant 

16 and Government and contractor-owned equipment layaway; 

17 and other expenses necessary for the foregoing purposes, 

18 $3,354,729,000, to remain available for obligation until 

19 September 30, 2009. 

20 MISSILE PROCUREMENT, ARMY

21 For construction, procurement, production, modifica22 tion, and modernization of missiles, equipment, including 

23 ordnance, ground handling equipment, spare parts, and ac24 cessories therefor; specialized equipment and training de25 vices; expansion of public and private plants, including the 


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1 land necessary therefor, for the foregoing purposes, and such 

2 lands and interests therein, may be acquired, and construc3 tion prosecuted thereon prior to approval of title; and pro4 curement and installation of equipment, appliances, and 

5 machine tools in public and private plants; reserve plant 

6 and Government and contractor-owned equipment layaway; 

7 and other expenses necessary for the foregoing purposes, 

8 $1,266,967,000, to remain available for obligation until 

9 September 30, 2009. 

10 PROCUREMENTOF WEAPONS AND TRACKED COMBAT

11 VEHICLES, ARMY

12 For construction, procurement, production, and modi13 fication of weapons and tracked combat vehicles, equipment, 

14 including ordnance, spare parts, and accessories therefor; 

15 specialized equipment and training devices; expansion of 

16 public and private plants, including the land necessary 

17 therefor, for the foregoing purposes, and such lands and in18 terests therein, may be acquired, and construction pros19 ecuted thereon prior to approval of title; and procurement 

20 and installation of equipment, appliances, and machine 

21 tools in public and private plants; reserve plant and Gov22 ernment and contractor-owned equipment layaway; and 

23 other expenses necessary for the foregoing purposes, 

24 $2,092,297,000, to remain available for obligation until 

25 September 30, 2009. 


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1 PROCUREMENTOF AMMUNITION, ARMY

2 For construction, procurement, production, and modi3 fication of ammunition, and accessories therefor; specialized 

4 equipment and training devices; expansion of public and 

5 private plants, including ammunition facilities, authorized 

6 by section 2854 of title 10, United States Code, and the 

7 land necessary therefor, for the foregoing purposes, and such 

8 lands and interests therein, may be acquired, and construc9 tion prosecuted thereon prior to approval of title; and pro10 curement and installation of equipment, appliances, and 

11 machine tools in public and private plants; reserve plant 

12 and Government and contractor-owned equipment layaway; 

13 and other expenses necessary for the foregoing purposes, 

14 $1,948,489,000, to remain available for obligation until 

15 September 30, 2009. 

16 OTHER PROCUREMENT, ARMY

17 For construction, procurement, production, and modi18 fication of vehicles, including tactical, support, and non19 tracked combat vehicles; the purchase of passenger motor ve20 hicles for replacement only; and the purchase of 3 vehicles 

21 required for physical security of personnel, notwithstanding 

22 price limitations applicable to passenger vehicles but not 

23 to exceed $255,000 per vehicle; communications and elec24 tronic equipment; other support equipment; spare parts, 

25 ordnance, and accessories therefor; specialized equipment 


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1 and training devices; expansion of public and private 

2 plants, including the land necessary therefor, for the fore3 going purposes, and such lands and interests therein, may 

4 be acquired, and construction prosecuted thereon prior to 

5 approval of title; and procurement and installation of 

6 equipment, appliances, and machine tools in public and 

7 private plants; reserve plant and Government and con8 tractor-owned equipment layaway; and other expenses nec9 essary for the foregoing purposes, $7,724,878,000, to remain 

10 available for obligation until September 30, 2009. 

11 AIRCRAFT PROCUREMENT, NAVY

12 For construction, procurement, production, modifica13 tion, and modernization of aircraft, equipment, including 

14 ordnance, spare parts, and accessories therefor; specialized 

15 equipment; expansion of public and private plants, includ16 ing the land necessary therefor, and such lands and inter17 ests therein, may be acquired, and construction prosecuted 

18 thereon prior to approval of title; and procurement and in19 stallation of equipment, appliances, and machine tools in 

20 public and private plants; reserve plant and Government 

21 and contractor-owned equipment layaway, 

22 $10,135,249,000, to remain available for obligation until 

23 September 30, 2009. 


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1 WEAPONS PROCUREMENT, NAVY

2 For construction, procurement, production, modifica3 tion, and modernization of missiles, torpedoes, other weap4 ons, and related support equipment including spare parts, 

5 and accessories therefor; expansion of public and private 

6 plants, including the land necessary therefor, and such 

7 lands and interests therein, may be acquired, and construc8 tion prosecuted thereon prior to approval of title; and pro9 curement and installation of equipment, appliances, and 

10 machine tools in public and private plants; reserve plant 

11 and Government and contractor-owned equipment layaway, 

12 $2,558,020,000, to remain available for obligation until 

13 September 30, 2009. 

14 PROCUREMENTOF AMMUNITION, NAVY AND MARINE

15 CORPS

16 For construction, procurement, production, and modi17 fication of ammunition, and accessories therefor; specialized 

18 equipment and training devices; expansion of public and 

19 private plants, including ammunition facilities, authorized 

20 by section 2854 of title 10, United States Code, and the 

21 land necessary therefor, for the foregoing purposes, and such 

22 lands and interests therein, may be acquired, and construc23 tion prosecuted thereon prior to approval of title; and pro24 curement and installation of equipment, appliances, and 

25 machine tools in public and private plants; reserve plant 


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1 and Government and contractor-owned equipment layaway; 

2 and other expenses necessary for the foregoing purposes, 

3 $799,943,000, to remain available for obligation until Sep4 tember 30, 2009. 

5 SHIPBUILDING AND CONVERSION, NAVY

6 For expenses necessary for the construction, acquisi7 tion, or conversion of vessels as authorized by law, includ8 ing armor and armament thereof, plant equipment, appli9 ances, and machine tools and installation thereof in public 

10 and private plants; reserve plant and Government and con11 tractor-owned equipment layaway; procurement of critical, 

12 long leadtime components and designs for vessels to be con13 structed or converted in the future; and expansion of public 

14 and private plants, including land necessary therefor, and 

15 such lands and interests therein, may be acquired, and con16 struction prosecuted thereon prior to approval of title, as 

17 follows: 

18 Carrier Replacement Program (AP), 

19 $784,143,000; 

20 NSSN, $1,775,472,000; 

21 NSSN (AP), $676,582,000; 

22 CVN Refuelings, $954,495,000; 

23 CVN Refuelings (AP), $117,139,000; 

24 SSBN Submarine Refuelings, $189,022,000; 

25 SSBN Submarine Refuelings (AP), $37,154,000; 


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1 DD(X), $2,568,111,000; 

2 DDG–51 Destroyer, $355,849,000; 

3 LCS, $300,670,000; 

4 LPD–17 (AP), $297,492,000; 

5 LHA–R, $1,135,917,000; 

6 T–AGS Oceanographic Survey Ship, 

7 $117,000,000; 

8 LCAC Landing Craft Air Cushion, 

9 $110,692,000; 

10 Prior year shipbuilding costs, $557,849,000; 

11 Service Craft, $45,245,000; and 

12 For outfitting, post delivery, conversions, and 

13 first destination transportation, $370,643,000. 

14 In all: $10,393,475,000, to remain available for obliga15 tion until September 30, 2011: Provided, That additional 

16 obligations may be incurred after September 30, 2011, for 

17 engineering services, tests, evaluations, and other such budg18 eted work that must be performed in the final stage of ship 

19 construction: Provided further, That none of the funds pro20 vided under this heading for the construction or conversion 

21 of any naval vessel to be constructed in shipyards in the 

22 United States shall be expended in foreign facilities for the 

23 construction of major components of such vessel: Provided 

24 further, That none of the funds provided under this heading 


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1 shall be used for the construction of any naval vessel in 

2 foreign shipyards. 

3 OTHER PROCUREMENT, NAVY

4 For procurement, production, and modernization of 

5 support equipment and materials not otherwise provided 

6 for, Navy ordnance (except ordnance for new aircraft, new 

7 ships, and ships authorized for conversion); the purchase 

8 of passenger motor vehicles for replacement only, and the 

9 purchase of 10 vehicles required for physical security of per10 sonnel, notwithstanding price limitations applicable to pas11 senger vehicles but not to exceed $255,000 per vehicle; ex12 pansion of public and private plants, including the land 

13 necessary therefor, and such lands and interests therein, 

14 may be acquired, and construction prosecuted thereon prior 

15 to approval of title; and procurement and installation of 

16 equipment, appliances, and machine tools in public and 

17 private plants; reserve plant and Government and con18 tractor-owned equipment layaway, $4,731,831,000, to re19 main available for obligation until September 30, 2009. 

20 PROCUREMENT, MARINE CORPS

21 For expenses necessary for the procurement, manufac22 ture, and modification of missiles, armament, military 

23 equipment, spare parts, and accessories therefor; plant 

24 equipment, appliances, and machine tools, and installation 

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1 ernment and contractor-owned equipment layaway; vehicles 

2 for the Marine Corps, including the purchase of passenger 

3 motor vehicles for replacement only; and expansion of pub4 lic and private plants, including land necessary therefor, 

5 and such lands and interests therein, may be acquired, and 

6 construction prosecuted thereon prior to approval of title, 

7 $1,151,318,000, to remain available for obligation until 

8 September 30, 2009. 

9 AIRCRAFT PROCUREMENT, AIR FORCE

10 For construction, procurement, and modification of 

11 aircraft and equipment, including armor and armament, 

12 specialized ground handling equipment, and training de13 vices, spare parts, and accessories therefor; specialized 

14 equipment; expansion of public and private plants, Govern15 ment-owned equipment and installation thereof in such 

16 plants, erection of structures, and acquisition of land, for 

17 the foregoing purposes, and such lands and interests therein, 

18 may be acquired, and construction prosecuted thereon prior 

19 to approval of title; reserve plant and Government and con20 tractor-owned equipment layaway; and other expenses nec21 essary for the foregoing purposes including rents and trans22 portation of things, $11,096,406,000, to remain available 

23 for obligation until September 30, 2009. 


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1 MISSILE PROCUREMENT, AIR FORCE

2 For construction, procurement, and modification of 

3 missiles, spacecraft, rockets, and related equipment, includ4 ing spare parts and accessories therefor, ground handling 

5 equipment, and training devices; expansion of public and 

6 private plants, Government-owned equipment and installa7 tion thereof in such plants, erection of structures, and ac8 quisition of land, for the foregoing purposes, and such lands 

9 and interests therein, may be acquired, and construction 

10 prosecuted thereon prior to approval of title; reserve plant 

11 and Government and contractor-owned equipment layaway; 

12 and other expenses necessary for the foregoing purposes in13 cluding rents and transportation of things, $3,975,407,000, 

14 to remain available for obligation until September 30, 

15 2009. 

16 PROCUREMENTOF AMMUNITION, AIR FORCE

17 For construction, procurement, production, and modi18 fication of ammunition, and accessories therefor; specialized 

19 equipment and training devices; expansion of public and 

20 private plants, including ammunition facilities, authorized 

21 by section 2854 of title 10, United States Code, and the 

22 land necessary therefor, for the foregoing purposes, and such 

23 lands and interests therein, may be acquired, and construc24 tion prosecuted thereon prior to approval of title; and pro25 curement and installation of equipment, appliances, and 


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1 machine tools in public and private plants; reserve plant 

2 and Government and contractor-owned equipment layaway; 

3 and other expenses necessary for the foregoing purposes, 

4 $1,046,802,000, to remain available for obligation until 

5 September 30, 2009. 

6 OTHER PROCUREMENT, AIR FORCE

7 For procurement and modification of equipment (in8 cluding ground guidance and electronic control equipment, 

9 and ground electronic and communication equipment), and 

10 supplies, materials, and spare parts therefor, not otherwise 

11 provided for; the purchase of passenger motor vehicles for 

12 replacement only, and the purchase of 2 vehicles required 

13 for physical security of personnel, notwithstanding price 

14 limitations applicable to passenger vehicles but not to ex15 ceed $255,000 per vehicle; lease of passenger motor vehicles; 

16 and expansion of public and private plants, Government17 owned equipment and installation thereof in such plants, 

18 erection of structures, and acquisition of land, for the fore19 going purposes, and such lands and interests therein, may 

20 be acquired, and construction prosecuted thereon, prior to 

21 approval of title; reserve plant and Government and con22 tractor-owned equipment layaway, $15,510,286,000, to re23 main available for obligation until September 30, 2009. 


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1 PROCUREMENT, DEFENSE-WIDE

2 For expenses of activities and agencies of the Depart3 ment of Defense (other than the military departments) nec4 essary for procurement, production, and modification of 

5 equipment, supplies, materials, and spare parts therefor, 

6 not otherwise provided for; the purchase of passenger motor 

7 vehicles for replacement only, and the purchase of 5 vehicles 

8 required for physical security of personnel, notwithstanding 

9 prior limitations applicable to passenger vehicles but not 

10 to exceed $255,000 per vehicle; expansion of public and pri11 vate plants, equipment, and installation thereof in such 

12 plants, erection of structures, and acquisition of land for 

13 the foregoing purposes, and such lands and interests therein, 

14 may be acquired, and construction prosecuted thereon prior 

15 to approval of title; reserve plant and Government and con16 tractor-owned equipment layaway, $2,763,071,000, to re17 main available for obligation until September 30, 2009. 

18 NATIONAL GUARD AND RESERVE EQUIPMENT

19 For procurement of aircraft, missiles, tracked combat 

20 vehicles, ammunition, other weapons, and other procure21 ment for the reserve components of the Armed Forces, 

22 $340,000,000, to remain available for obligation until Sep23 tember 30, 2009: Provided, That the Chiefs of the Reserve 

24 and National Guard components shall, not later than 30 

25 days after the enactment of this Act, individually submit 


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1 to the congressional defense committees the modernization 

2 priority assessment for their respective Reserve or National 

3 Guard component. 

4 DEFENSE PRODUCTION ACT PURCHASES

5 For activities by the Department of Defense pursuant 

6 to sections 108, 301, 302, and 303 of the Defense Production 

7 Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), 

8 $68,884,000, to remain available until expended. 

9 TITLE IV 

10 RESEARCH, DEVELOPMENT, TEST AND 

11 EVALUATION 

12 RESEARCH, DEVELOPMENT, TESTAND EVALUATION, ARMY

13 For expenses necessary for basic and applied scientific 

14 research, development, test and evaluation, including main15 tenance, rehabilitation, lease, and operation of facilities 

16 and equipment, $11,245,040,000, to remain available for 

17 obligation until September 30, 2008. 

18 RESEARCH, DEVELOPMENT, TESTAND EVALUATION, NAVY

19 For expenses necessary for basic and applied scientific 

20 research, development, test and evaluation, including main21 tenance, rehabilitation, lease, and operation of facilities 

22 and equipment, $17,048,238,000, to remain available for 

23 obligation until September 30, 2008: Provided, That funds 

24 appropriated in this paragraph which are available for the 

25 V–22 may be used to meet unique operational requirements 


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1 of the Special Operations Forces: Provided further, That 

2 funds appropriated in this paragraph shall be available for 

3 the Cobra Judy program. 

4 RESEARCH, DEVELOPMENT, TESTAND EVALUATION, AIR

5 FORCE

6 For expenses necessary for basic and applied scientific 

7 research, development, test and evaluation, including main8 tenance, rehabilitation, lease, and operation of facilities 

9 and equipment, $23,974,081,000, to remain available for 

10 obligation until September 30, 2008. 

11 RESEARCH, DEVELOPMENT, TESTAND EVALUATION, 

12 DEFENSE-WIDE

13 For expenses of activities and agencies of the Depart14 ment of Defense (other than the military departments), nec15 essary for basic and applied scientific research, develop16 ment, test and evaluation; advanced research projects as 

17 may be designated and determined by the Secretary of De18 fense, pursuant to law; maintenance, rehabilitation, lease, 

19 and operation of facilities and equipment, $20,543,393,000, 

20 to remain available for obligation until September 30, 

21 2008. 

22 OPERATIONAL TESTAND EVALUATION, DEFENSE

23 For expenses, not otherwise provided for, necessary for 

24 the independent activities of the Director, Operational Test 

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1 ational test and evaluation, including initial operational 

2 test and evaluation which is conducted prior to, and in sup3 port of, production decisions; joint operational testing and 

4 evaluation; and administrative expenses in connection 

5 therewith, $187,520,000, to remain available for obligation 

6 until September 30, 2008. 

7 TITLE V 

8 REVOLVING AND MANAGEMENT FUNDS 

9 DEFENSE WORKING CAPITAL FUNDS

10 For the Defense Working Capital Funds, 

11 $1,345,998,000. 

12 NATIONAL DEFENSE SEALIFT FUND

13 For National Defense Sealift Fund programs, projects, 

14 and activities, and for expenses of the National Defense Re15 serve Fleet, as established by section 11 of the Merchant 

16 Ship Sales Act of 1946 (50 U.S.C. App. 1744), and for the 

17 necessary expenses to maintain and preserve a U.S.-flag 

18 merchant fleet to serve the national security needs of the 

19 United States, $616,932,000, to remain available until ex20 pended: Provided, That none of the funds provided in this 

21 paragraph shall be used to award a new contract that pro22 vides for the acquisition of any of the following major com23 ponents unless such components are manufactured in the 

24 United States: auxiliary equipment, including pumps, for 

25 all shipboard services; propulsion system components (that 


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1 is; engines, reduction gears, and propellers); shipboard 

2 cranes; and spreaders for shipboard cranes: Provided fur3 ther, That the exercise of an option in a contract awarded 

4 through the obligation of previously appropriated funds 

5 shall not be considered to be the award of a new contract: 

6 Provided further, That the Secretary of the military depart7 ment responsible for such procurement may waive the re8 strictions in the first proviso on a case-by-case basis by cer9 tifying in writing to the Committees on Appropriations of 

10 the House of Representatives and the Senate that adequate 

11 domestic supplies are not available to meet Department of 

12 Defense requirements on a timely basis and that such an 

13 acquisition must be made in order to acquire capability for 

14 national security purposes. 

15 PENTAGON RESERVATION MAINTENANCE REVOLVING FUND

16 For the Pentagon Reservation Maintenance Revolving 

17 Fund, $18,500,000, to remain available until September 30, 

18 2011. 

19 TITLE VI 

20 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

21 DEFENSE HEALTH PROGRAM

22 For expenses, not otherwise provided for, for medical 

23 and health care programs of the Department of Defense, as 

24 authorized by law, $21,409,863,000, of which 

25 $20,544,605,000 shall be for Operation and maintenance, 


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1 and of which up to $10,887,784,000 may be available for 

2 contracts entered into under the TRICARE program; of 

3 which $397,355,000, to remain available for obligation 

4 until September 30, 2009, shall be for Procurement; and 

5 of which $467,903,000, to remain available for obligation 

6 until September 30, 2008, shall be for Research, develop7 ment, test and evaluation. 

8 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, ARMY

9 For expenses, not otherwise provided for, necessary for 

10 the destruction of the United States stockpile of lethal chem11 ical agents and munitions, to include construction of facili12 ties, in accordance with the provisions of section 1412 of 

13 the Department of Defense Authorization Act, 1986 (50 

14 U.S.C. 1521), and for the destruction of other chemical war15 fare materials that are not in the chemical weapon stock16 pile, $1,277,304,000, of which $1,046,290,000 shall be for 

17 Operation and maintenance; $231,014,000 shall be for Re18 search, development, test and evaluation, of which 

19 $215,944,000 shall only be for the Assembled Chemical 

20 Weapons Alternatives (ACWA) program, to remain avail21 able until September 30, 2008; and no less than 

22 $111,283,000 may be for the Chemical Stockpile Emergency 

23 Preparedness Program, of which $41,074,000 shall be for 

24 activities on military installations and of which 


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1 $70,209,000, to remain available until September 30, 2008, 

2 shall be to assist State and local governments. 

3 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

4 DEFENSE

5 (INCLUDING TRANSFER OF FUNDS)

6 For drug interdiction and counter-drug activities of 

7 the Department of Defense, for transfer to appropriations 

8 available to the Department of Defense for military per9 sonnel of the reserve components serving under the provi10 sions of title 10 and title 32, United States Code; for Oper11 ation and maintenance; for Procurement; and for Research, 

12 development, test and evaluation, $978,212,000: Provided, 

13 That the funds appropriated under this heading shall be 

14 available for obligation for the same time period and for 

15 the same purpose as the appropriation to which transferred: 

16 Provided further, That upon a determination that all or 

17 part of the funds transferred from this appropriation are 

18 not necessary for the purposes provided herein, such 

19 amounts may be transferred back to this appropriation: 

20 Provided further, That the transfer authority provided 

21 under this heading is in addition to any other transfer au22 thority contained elsewhere in this Act. 

23 OFFICE OF THE INSPECTOR GENERAL

24 For expenses and activities of the Office of the Inspec25 tor General in carrying out the provisions of the Inspector 


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1 General Act of 1978, as amended, $216,297,000, of which 

2 $214,897,000 shall be for Operation and maintenance, of 

3 which not to exceed $700,000 is available for emergencies 

4 and extraordinary expenses to be expended on the approval 

5 or authority of the Inspector General, and payments may 

6 be made on the Inspector General’s certificate of necessity 

7 for confidential military purposes; and of which $1,400,000, 

8 to remain available until September 30, 2009, shall be for 

9 Procurement. 

10 TITLE VII 

11 RELATED AGENCIES 

12 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

13 DISABILITY SYSTEM FUND

14 For payment to the Central Intelligence Agency Retire15 ment and Disability System Fund, to maintain the proper 

16 funding level for continuing the operation of the Central 

17 Intelligence Agency Retirement and Disability System, 

18 $256,400,000. 

19 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

20 (INCLUDING TRANSFER OF FUNDS)

21 For necessary expenses of the Intelligence Community 

22 Management Account, $597,011,000, of which $36,268,000 

23 for the Advanced Research and Development Committee 

24 shall remain available until September 30, 2008: Provided, 

25 That the Director of National Intelligence shall, utilizing 


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1 amounts appropriated by this heading, prepare as soon as 

2 practicable but not later than 90 days after the date of en3 actment of this Act, a new National Intelligence Estimate 

4 on prospects for security and stability in Iraq, which shall 

5 address such matters as the Director of National Intel6 ligence considers appropriate, including (1) an assessment 

7 of whether Iraq is succeeding in creating a stable and effec8 tive unity government, and the likelihood that government 

9 will address the concerns of the Sunni community, (2) the 

10 prospects for Iraq’s ethnic, religious and tribal divisions, 

11 (3) the prospects for controlling severe sectarian violence 

12 that could lead to civil war, (4) an assessment whether Iraq 

13 is succeeding in standing up effective security forces, in14 cluding an assessment of (A) the extent to which militias 

15 are providing security in Iraq, and (B) the extent to which 

16 the Government of Iraq has developed and implemented a 

17 credible plan to disarm and demobilize and reintegrate mi18 litias into government security forces and is working to ob19 tain a political commitment from political parties to ban 

20 militias, and (5) the prospects for economic reconstruction 

21 and the impact that will have on security and stability: 

22 Provided further, That the Director of National Intelligence 

23 shall submit to Congress the National Intelligence Estimate 

24 prepared under the preceding proviso and this document 

25 shall be submitted in classified form, except that, consistent 


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1 with the protection of intelligence sources and methods, an 

2 unclassified summary of key judgments of the National In3 telligence Estimate should be submitted: Provided further, 

4 That if the Director of National Intelligence is unable to 

5 submit the National Intelligence Estimate by the date speci6 fied in the preceding proviso, the Director shall submit to 

7 Congress, not later than that date, a report setting forth 

8 the reasons for being unable to do so and the date on which 

9 such National Intelligence Estimate will be provided. 

10 TITLE VIII 

11 GENERAL PROVISIONS 

12 SEC. 8001. No part of any appropriation contained 

13 in this Act shall be used for publicity or propaganda pur14 poses not authorized by the Congress. 

15 SEC. 8002. During the current fiscal year, provisions 

16 of law prohibiting the payment of compensation to, or em17 ployment of, any person not a citizen of the United States 

18 shall not apply to personnel of the Department of Defense: 

19 Provided, That salary increases granted to direct and indi20 rect hire foreign national employees of the Department of 

21 Defense funded by this Act shall not be at a rate in excess 

22 of the percentage increase authorized by law for civilian 

23 employees of the Department of Defense whose pay is com24 puted under the provisions of section 5332 of title 5, United 

25 States Code, or at a rate in excess of the percentage increase 


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1 provided by the appropriate host nation to its own employ2 ees, whichever is higher: Provided further, That this section 

3 shall not apply to Department of Defense foreign service 

4 national employees serving at United States diplomatic 

5 missions whose pay is set by the Department of State under 

6 the Foreign Service Act of 1980: Provided further, That the 

7 limitations of this provision shall not apply to foreign na8 tional employees of the Department of Defense in the Re9 public of Turkey. 

10 SEC. 8003. No part of any appropriation contained 

11 in this Act shall remain available for obligation beyond the 

12 current fiscal year, unless expressly so provided herein. 

13 SEC. 8004. No more than 20 percent of the appropria14 tions in this Act which are limited for obligation during 

15 the current fiscal year shall be obligated during the last 2 

16 months of the fiscal year: Provided, That this section shall 

17 not apply to obligations for support of active duty training 

18 of reserve components or summer camp training of the Re19 serve Officers’ Training Corps. 

20 (TRANSFER OF FUNDS)

21 SEC. 8005. Upon determination by the Secretary of 

22 Defense that such action is necessary in the national inter23 est, he may, with the approval of the Office of Management 

24 and Budget, transfer not to exceed $4,500,000,000 of work25 ing capital funds of the Department of Defense or funds 

26 made available in this Act to the Department of Defense 


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1 for military functions (except military construction) be2 tween such appropriations or funds or any subdivision 

3 thereof, to be merged with and to be available for the same 

4 purposes, and for the same time period, as the appropria5 tion or fund to which transferred: Provided, That such au6 thority to transfer may not be used unless for higher pri7 ority items, based on unforeseen military requirements, 

8 than those for which originally appropriated and in no case 

9 where the item for which funds are requested has been de10 nied by the Congress: Provided further, That the Secretary 

11 of Defense shall notify the Congress promptly of all transfers 

12 made pursuant to this authority or any other authority in 

13 this Act: Provided further, That no part of the funds in 

14 this Act shall be available to prepare or present a request 

15 to the Committees on Appropriations for reprogramming 

16 of funds, unless for higher priority items, based on unfore17 seen military requirements, than those for which originally 

18 appropriated and in no case where the item for which re19 programming is requested has been denied by the Congress: 

20 Provided further, That a request for multiple 

21 reprogrammings of funds using authority provided in this 

22 section must be made prior to June 30, 2007: Provided fur23 ther, That transfers among military personnel appropria24 tions shall not be taken into account for purposes of the 


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1 limitation on the amount of funds that may be transferred 

2 under this section. 

3 (TRANSFER OF FUNDS)

4 SEC. 8006. During the current fiscal year, cash bal5 ances in working capital funds of the Department of De6 fense established pursuant to section 2208 of title 10, United 

7 States Code, may be maintained in only such amounts as 

8 are necessary at any time for cash disbursements to be made 

9 from such funds: Provided, That transfers may be made be10 tween such funds: Provided further, That transfers may be 

11 made between working capital funds and the ‘‘Foreign Cur12 rency Fluctuations, Defense’’ appropriation and the ‘‘Oper13 ation and Maintenance’’ appropriation accounts in such 

14 amounts as may be determined by the Secretary of Defense, 

15 with the approval of the Office of Management and Budget, 

16 except that such transfers may not be made unless the Sec17 retary of Defense has notified the Congress of the proposed 

18 transfer. Except in amounts equal to the amounts appro19 priated to working capital funds in this Act, no obligations 

20 may be made against a working capital fund to procure 

21 or increase the value of war reserve material inventory, un22 less the Secretary of Defense has notified the Congress prior 

23 to any such obligation. 

24 SEC. 8007. Funds appropriated by this Act may not 

25 be used to initiate a special access program without prior 


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1 notification 30 calendar days in session in advance to the 

2 congressional defense committees. 

3 SEC. 8008. None of the funds provided in this Act shall 

4 be available to initiate: (1) a multiyear contract that em5 ploys economic order quantity procurement in excess of 

6 $20,000,000 in any one year of the contract or that includes 

7 an unfunded contingent liability in excess of $20,000,000; 

8 or (2) a contract for advance procurement leading to a 

9 multiyear contract that employs economic order quantity 

10 procurement in excess of $20,000,000 in any one year, un11 less the congressional defense committees have been notified 

12 at least 30 days in advance of the proposed contract award: 

13 Provided, That no part of any appropriation contained in 

14 this Act shall be available to initiate a multiyear contract 

15 for which the economic order quantity advance procurement 

16 is not funded at least to the limits of the Government’s li17 ability: Provided further, That no part of any appropria18 tion contained in this Act shall be available to initiate 

19 multiyear procurement contracts for any systems or compo20 nent thereof if the value of the multiyear contract would 

21 exceed $500,000,000 unless specifically provided in this Act: 

22 Provided further, That no multiyear procurement contract 

23 can be terminated without 10-day prior notification to the 

24 congressional defense committees: Provided further, That the 

25 execution of multiyear authority shall require the use of a 


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1 present value analysis to determine lowest cost compared 

2 to an annual procurement: Provided further, That none of 

3 the funds provided in this Act may be used for a multiyear 

4 contract executed after the date of the enactment of this Act 

5 unless in the case of any such contract— 

6 (1) the Secretary of Defense has submitted to 

7 Congress a budget request for full funding of units to 

8 be procured through the contract; 

9 (2) cancellation provisions in the contract do not 

10 include consideration of recurring manufacturing 

11 costs of the contractor associated with the production 

12 of unfunded units to be delivered under the contract; 

13 (3) the contract provides that payments to the 

14 contractor under the contract shall not be made in 

15 advance of incurred costs on funded units; and 

16 (4) the contract does not provide for a price ad17 justment based on a failure to award a follow-on con18 tract. 

19 Funds appropriated in title III of this Act may be 

20 used for a multiyear procurement contract as follows: 

21 C–17 Globemaster; 

22 F–22A; 

23 MH–60R Helicopters; 

24 MH–60R Helicopter mission equipment; and 

25 V–22 Osprey. 


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1 SEC. 8009. Within the funds appropriated for the oper2 ation and maintenance of the Armed Forces, funds are here3 by appropriated pursuant to section 401 of title 10, United 

4 States Code, for humanitarian and civic assistance costs 

5 under chapter 20 of title 10, United States Code. Such funds 

6 may also be obligated for humanitarian and civic assist7 ance costs incidental to authorized operations and pursuant 

8 to authority granted in section 401 of chapter 20 of title 

9 10, United States Code, and these obligations shall be re10 ported as required by section 401(d) of title 10, United 

11 States Code: Provided, That funds available for operation 

12 and maintenance shall be available for providing humani13 tarian and similar assistance by using Civic Action Teams 

14 in the Trust Territories of the Pacific Islands and freely 

15 associated states of Micronesia, pursuant to the Compact 

16 of Free Association as authorized by Public Law 99–239: 

17 Provided further, That upon a determination by the Sec18 retary of the Army that such action is beneficial for grad19 uate medical education programs conducted at Army med20 ical facilities located in Hawaii, the Secretary of the Army 

21 may authorize the provision of medical services at such fa22 cilities and transportation to such facilities, on a non23 reimbursable basis, for civilian patients from American 

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1 lands, the Marshall Islands, the Federated States of Micro2 nesia, Palau, and Guam. 

3 SEC. 8010. (a) During fiscal year 2007, the civilian 

4 personnel of the Department of Defense may not be man5 aged on the basis of any end-strength, and the management 

6 of such personnel during that fiscal year shall not be subject 

7 to any constraint or limitation (known as an end-strength) 

8 on the number of such personnel who may be employed on 

9 the last day of such fiscal year. 

10 (b) The fiscal year 2008 budget request for the Depart11 ment of Defense as well as all justification material and 

12 other documentation supporting the fiscal year 2008 De13 partment of Defense budget request shall be prepared and 

14 submitted to the Congress as if subsections (a) and (b) of 

15 this provision were effective with regard to fiscal year 2008. 

16 (c) Nothing in this section shall be construed to apply 

17 to military (civilian) technicians. 

18 SEC. 8011. None of the funds appropriated in this or 

19 any other Act may be used to initiate a new installation 

20 overseas without 30-day advance notification to the Com21 mittees on Appropriations. 

22 SEC. 8012. None of the funds made available by this 

23 Act shall be used in any way, directly or indirectly, to in24 fluence congressional action on any legislation or appro25 priation matters pending before the Congress. 


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1 SEC. 8013. None of the funds appropriated by this Act 

2 shall be available for the basic pay and allowances of any 

3 member of the Army participating as a full-time student 

4 and receiving benefits paid by the Secretary of Veterans Af5 fairs from the Department of Defense Education Benefits 

6 Fund when time spent as a full-time student is credited 

7 toward completion of a service commitment: Provided, That 

8 this subsection shall not apply to those members who have 

9 reenlisted with this option prior to October 1, 1987: Pro10 vided further, That this subsection applies only to active 

11 components of the Army. 

12 SEC. 8014. (a) LIMITATION ON CONVERSION TO CON13 TRACTOR PERFORMANCE.—None of the funds appropriated 

14 by this Act shall be available to convert to contractor per15 formance an activity or function of the Department of De16 fense that, on or after the date of the enactment of this Act, 

17 is performed by more than 10 Department of Defense civil18 ian employees unless— 

19 (1) the conversion is based on the result of a pub20 lic-private competition that includes a most efficient 

21 and cost effective organization plan developed by such 

22 activity or function; 

23 (2) the Competitive Sourcing Official determines 

24 that, over all performance periods stated in the solici25 tation of offers for performance of the activity or 


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1 function, the cost of performance of the activity or 

2 function by a contractor would be less costly to the 

3 Department of Defense by an amount that equals or 

4 exceeds the lesser of— 

5 (A) 10 percent of the most efficient organi6 zation’s personnel-related costs for performance 

7 of that activity or function by Federal employ8 ees; or 

9 (B) $10,000,000; and 

10 (3) the contractor does not receive an advantage 

11 for a proposal that would reduce costs for the Depart12 ment of Defense by— 

13 (A) not making an employer-sponsored 

14 health insurance plan available to the workers 

15 who are to be employed in the performance of 

16 that activity or function under the contract; 

17 (B) offering to such workers an employer18 sponsored health benefits plan that requires the 

19 employer to contribute less towards the premium 

20 or subscription share than the amount that is 

21 paid by the Department of Defense for health 

22 benefits for civilian employees under chapter 89 

23 of title 5, United States Code; or 

24 (C) offering to such workers a retirement 

25 benefit that in any year costs less than the anVerDate Aug 31 2005 00:18 Sep 09, 2006 Jkt 049200 PO 00000 Frm 00161 Fmt 6652 Sfmt 6203 E:\BILLS\H5631.PP H5631

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1 nual retirement cost factor applicable to Depart2 ment of Defense civilian employees under chapter 

3 84 of title 5, United States Code. 

4 (b) EXCEPTIONS.— 

5 (1) The Department of Defense, without regard 

6 to subsection (a) of this section or subsections (a), (b), 

7 or (c) of section 2461 of title 10, United States Code, 

8 and notwithstanding any administrative regulation, 

9 requirement, or policy to the contrary shall have full 

10 authority to enter into a contract for the performance 

11 of any commercial or industrial type function of the 

12 Department of Defense that— 

13 (A) is included on the procurement list es14 tablished pursuant to section 2 of the Javits15 Wagner-O’Day Act (41 U.S.C. 47); 

16 (B) is planned to be converted to perform17 ance by a qualified nonprofit agency for the 

18 blind or by a qualified nonprofit agency for 

19 other severely handicapped individuals in ac20 cordance with that Act; or 

21 (C) is planned to be converted to perform22 ance by a qualified firm under at least 51 per23 cent ownership by an Indian tribe, as defined in 

24 section 4(e) of the Indian Self-Determination 

25 and Education Assistance Act (25 U.S.C. 


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1 450b(e)), or a Native Hawaiian Organization, as 

2 defined in section 8(a)(15) of the Small Business 

3 Act (15 U.S.C. 637(a)(15)). 

4 (2) This section shall not apply to depot con5 tracts or contracts for depot maintenance as provided 

6 in sections 2469 and 2474 of title 10, United States 

7 Code. 

8 (c) TREATMENT OF CONVERSION.—The conversion of 

9 any activity or function of the Department of Defense under 

10 the authority provided by this section shall be credited to11 ward any competitive or outsourcing goal, target, or meas12 urement that may be established by statute, regulation, or 

13 policy and is deemed to be awarded under the authority 

14 of, and in compliance with, subsection (h) of section 2304 

15 of title 10, United States Code, for the competition or 

16 outsourcing of commercial activities. 

17 (TRANSFER OF FUNDS)

18 SEC. 8015. Funds appropriated in title III of this Act 

19 for the Department of Defense Pilot Mentor-Protege Pro20 gram may be transferred to any other appropriation con21 tained in this Act solely for the purpose of implementing 

22 a Mentor-Protege Program developmental assistance agree23 ment pursuant to section 831 of the National Defense Au24 thorization Act for Fiscal Year 1991 (Public Law 101–510; 

25 10 U.S.C. 2302 note), as amended, under the authority of 


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1 this provision or any other transfer authority contained in 

2 this Act. 

3 SEC. 8016. None of the funds in this Act may be avail4 able for the purchase by the Department of Defense (and 

5 its departments and agencies) of welded shipboard anchor 

6 and mooring chain 4 inches in diameter and under unless 

7 the anchor and mooring chain are manufactured in the 

8 United States from components which are substantially 

9 manufactured in the United States: Provided, That for the 

10 purpose of this section manufactured will include cutting, 

11 heat treating, quality control, testing of chain and welding 

12 (including the forging and shot blasting process): Provided 

13 further, That for the purpose of this section substantially 

14 all of the components of anchor and mooring chain shall 

15 be considered to be produced or manufactured in the United 

16 States if the aggregate cost of the components produced or 

17 manufactured in the United States exceeds the aggregate 

18 cost of the components produced or manufactured outside 

19 the United States: Provided further, That when adequate 

20 domestic supplies are not available to meet Department of 

21 Defense requirements on a timely basis, the Secretary of the 

22 service responsible for the procurement may waive this re23 striction on a case-by-case basis by certifying in writing 

24 to the Committees on Appropriations that such an acquisiVerDate Aug 31 2005 00:18 Sep 09, 2006 Jkt 049200 PO 00000 Frm 00164 Fmt 6652 Sfmt 6203 E:\BILLS\H5631.PP H5631

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1 tion must be made in order to acquire capability for na2 tional security purposes. 

3 SEC. 8017. None of the funds available to the Depart4 ment of Defense may be used to demilitarize or dispose of 

5 M–1 Carbines, M–1 Garand rifles, M–14 rifles, .22 caliber 

6 rifles, .30 caliber rifles, or M–1911 pistols. 

7 SEC. 8018. None of the funds appropriated by this Act 

8 available for the Civilian Health and Medical Program of 

9 the Uniformed Services (CHAMPUS) or TRICARE shall 

10 be available for the reimbursement of any health care pro11 vider for inpatient mental health service for care received 

12 when a patient is referred to a provider of inpatient mental 

13 health care or residential treatment care by a medical or 

14 health care professional having an economic interest in the 

15 facility to which the patient is referred: Provided, That this 

16 limitation does not apply in the case of inpatient mental 

17 health services provided under the program for persons with 

18 disabilities under subsection (d) of section 1079 of title 10, 

19 United States Code, provided as partial hospital care, or 

20 provided pursuant to a waiver authorized by the Secretary 

21 of Defense because of medical or psychological circumstances 

22 of the patient that are confirmed by a health professional 

23 who is not a Federal employee after a review, pursuant to 

24 rules prescribed by the Secretary, which takes into account 

25 the appropriate level of care for the patient, the intensity 


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1 of services required by the patient, and the availability of 

2 that care. 

3 SEC. 8019. No more than $500,000 of the funds appro4 priated or made available in this Act shall be used during 

5 a single fiscal year for any single relocation of an organiza6 tion, unit, activity or function of the Department of Defense 

7 into or within the National Capital Region: Provided, That 

8 the Secretary of Defense may waive this restriction on a 

9 case-by-case basis by certifying in writing to the congres10 sional defense committees that such a relocation is required 

11 in the best interest of the Government. 

12 SEC. 8020. In addition to the funds provided elsewhere 

13 in this Act, $8,000,000 is appropriated only for incentive 

14 payments authorized by section 504 of the Indian Financ15 ing Act of 1974 (25 U.S.C. 1544): Provided, That a prime 

16 contractor or a subcontractor at any tier that makes a sub17 contract award to any subcontractor or supplier as defined 

18 in section 1544 of title 25, United States Code or a small 

19 business owned and controlled by an individual or individ20 uals defined under section 4221(9) of title 25, United States 

21 Code shall be considered a contractor for the purposes of 

22 being allowed additional compensation under section 504 

23 of the Indian Financing Act of 1974 (25 U.S.C. 1544) 

24 whenever the prime contract or subcontract amount is over 

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1 priated by an Act making Appropriations for the Depart2 ment of Defense with respect to any fiscal year: Provided 

3 further, That notwithstanding section 430 of title 41, 

4 United States Code, this section shall be applicable to any 

5 Department of Defense acquisition of supplies or services, 

6 including any contract and any subcontract at any tier for 

7 acquisition of commercial items produced or manufactured, 

8 in whole or in part by any subcontractor or supplier de9 fined in section 1544 of title 25, United States Code or a 

10 small business owned and controlled by an individual or 

11 individuals defined under section 4221(9) of title 25, 

12 United States Code: Provided further, That, during the cur13 rent fiscal year and hereafter, businesses certified as 8(a) 

14 by the Small Business Administration pursuant to section 

15 8(a)(15) of Public Law 85–536, as amended, shall have the 

16 same status as other program participants under section 

17 602 of Public Law 100–656, 102 Stat. 3825 (Business Op18 portunity Development Reform Act of 1988) for purposes 

19 of contracting with agencies of the Department of Defense. 

20 SEC. 8021. None of the funds appropriated by this Act 

21 shall be available to perform any cost study pursuant to 

22 the provisions of OMB Circular A–76 if the study being 

23 performed exceeds a period of 24 months after initiation 

24 of such study with respect to a single function activity or 


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1 30 months after initiation of such study for a multi-func2 tion activity. 

3 SEC. 8022. Funds appropriated by this Act for the 

4 American Forces Information Service shall not be used for 

5 any national or international political or psychological ac6 tivities. 

7 SEC. 8023. Notwithstanding any other provision of 

8 law or regulation, the Secretary of Defense may adjust wage 

9 rates for civilian employees hired for certain health care 

10 occupations as authorized for the Secretary of Veterans Af11 fairs by section 7455 of title 38, United States Code. 

12 SEC. 8024. During the current fiscal year, the Depart13 ment of Defense is authorized to incur obligations of not 

14 to exceed $350,000,000 for purposes specified in section 

15 2350j(c) of title 10, United States Code, in anticipation of 

16 receipt of contributions, only from the Government of Ku17 wait, under that section: Provided, That upon receipt, such 

18 contributions from the Government of Kuwait shall be cred19 ited to the appropriations or fund which incurred such obli20 gations. 

21 SEC. 8025. (a) Of the funds made available in this 

22 Act, not less than $35,975,000 shall be available for the 

23 Civil Air Patrol Corporation, of which— 

24 (1) $25,087,000 shall be available from ‘‘Oper25 ation and Maintenance, Air Force’’ to support Civil 


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1 Air Patrol Corporation operation and maintenance, 

2 readiness, counterdrug activities, and drug demand 

3 reduction activities involving youth programs; 

4 (2) $10,193,000 shall be available from ‘‘Aircraft 

5 Procurement, Air Force’’; and 

6 (3) $695,000 shall be available from ‘‘Other Pro7 curement, Air Force’’ for vehicle procurement. 

8 (b) The Secretary of the Air Force should waive reim9 bursement for any funds used by the Civil Air Patrol for 

10 counter-drug activities in support of Federal, State, and 

11 local government agencies. 

12 SEC. 8026. (a) None of the funds appropriated in this 

13 Act are available to establish a new Department of Defense 

14 (department) federally funded research and development 

15 center (FFRDC), either as a new entity, or as a separate 

16 entity administrated by an organization managing another 

17 FFRDC, or as a nonprofit membership corporation con18 sisting of a consortium of other FFRDCs and other non19 profit entities. 

20 (b) No member of a Board of Directors, Trustees, Over21 seers, Advisory Group, Special Issues Panel, Visiting Com22 mittee, or any similar entity of a defense FFRDC, and no 

23 paid consultant to any defense FFRDC, except when acting 

24 in a technical advisory capacity, may be compensated for 

25 his or her services as a member of such entity, or as a paid 


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1 consultant by more than one FFRDC in a fiscal year: Pro2 vided, That a member of any such entity referred to pre3 viously in this subsection shall be allowed travel expenses 

4 and per diem as authorized under the Federal Joint Travel 

5 Regulations, when engaged in the performance of member6 ship duties. 

7 (c) Notwithstanding any other provision of law, none 

8 of the funds available to the department from any source 

9 during fiscal year 2007 may be used by a defense FFRDC, 

10 through a fee or other payment mechanism, for construction 

11 of new buildings, for payment of cost sharing for projects 

12 funded by Government grants, for absorption of contract 

13 overruns, or for certain charitable contributions, not to in14 clude employee participation in community service and/or 

15 development. 

16 (d) Notwithstanding any other provision of law, of the 

17 funds available to the department during fiscal year 2007, 

18 not more than 5,517 staff years of technical effort (staff 

19 years) may be funded for defense FFRDCs: Provided, That 

20 of the specific amount referred to previously in this sub21 section, not more than 1,050 staff years may be funded for 

22 the defense studies and analysis FFRDCs: Provided further, 

23 That this subsection shall not apply to staff years funded 

24 in the National Intelligence Program (NIP). 


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1 (e) The Secretary of Defense shall, with the submission 

2 of the department’s fiscal year 2008 budget request, submit 

3 a report presenting the specific amounts of staff years of 

4 technical effort to be allocated for each defense FFRDC dur5 ing that fiscal year. 

6 (f) Notwithstanding any other provision of this Act, 

7 the total amount appropriated in this Act for FFRDCs is 

8 hereby reduced by $53,200,000. 

9 SEC. 8027. None of the funds appropriated or made 

10 available in this Act shall be used to procure carbon, alloy 

11 or armor steel plate for use in any Government-owned facil12 ity or property under the control of the Department of De13 fense which were not melted and rolled in the United States 

14 or Canada: Provided, That these procurement restrictions 

15 shall apply to any and all Federal Supply Class 9515, 

16 American Society of Testing and Materials (ASTM) or 

17 American Iron and Steel Institute (AISI) specifications of 

18 carbon, alloy or armor steel plate: Provided further, That 

19 the Secretary of the military department responsible for the 

20 procurement may waive this restriction on a case-by-case 

21 basis by certifying in writing to the Committees on Appro22 priations of the House of Representatives and the Senate 

23 that adequate domestic supplies are not available to meet 

24 Department of Defense requirements on a timely basis and 

25 that such an acquisition must be made in order to acquire 


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1 capability for national security purposes: Provided further, 

2 That these restrictions shall not apply to contracts which 

3 are in being as of the date of the enactment of this Act. 

4 SEC. 8028. For the purposes of this Act, the term ‘‘con5 gressional defense committees’’ means the Armed Services 

6 Committee of the House of Representatives, the Armed Serv7 ices Committee of the Senate, the Subcommittee on Defense 

8 of the Committee on Appropriations of the Senate, and the 

9 Subcommittee on Defense of the Committee on Appropria10 tions of the House of Representatives. In addition, for any 

11 matter pertaining to basic allowance for housing, facilities 

12 sustainment, restoration and modernization, environmental 

13 restoration and the Defense Health Program, ‘‘congressional 

14 defense committees’’ also means the Subcommittee on Mili15 tary Quality of Life and Veterans Affairs, and Related 

16 Agencies of the Committee on Appropriations of the House 

17 of Representatives. 

18 SEC. 8029. During the current fiscal year, the Depart19 ment of Defense may acquire the modification, depot main20 tenance and repair of aircraft, vehicles and vessels as well 

21 as the production of components and other Defense-related 

22 articles, through competition between Department of De23 fense depot maintenance activities and private firms: Pro24 vided, That the Senior Acquisition Executive of the military 

25 department or Defense Agency concerned, with power of delVerDate Aug 31 2005 00:18 Sep 09, 2006 Jkt 049200 PO 00000 Frm 00172 Fmt 6652 Sfmt 6203 E:\BILLS\H5631.PP H5631

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1 egation, shall certify that successful bids include comparable 

2 estimates of all direct and indirect costs for both public and 

3 private bids: Provided further, That Office of Management 

4 and Budget Circular A–76 shall not apply to competitions 

5 conducted under this section. 

6 SEC. 8030. (a)(1) If the Secretary of Defense, after con7 sultation with the United States Trade Representative, de8 termines that a foreign country which is party to an agree9 ment described in paragraph (2) has violated the terms of 

10 the agreement by discriminating against certain types of 

11 products produced in the United States that are covered by 

12 the agreement, the Secretary of Defense shall rescind the 

13 Secretary’s blanket waiver of the Buy American Act with 

14 respect to such types of products produced in that foreign 

15 country. 

16 (2) An agreement referred to in paragraph (1) is any 

17 reciprocal defense procurement memorandum of under18 standing, between the United States and a foreign country 

19 pursuant to which the Secretary of Defense has prospec20 tively waived the Buy American Act for certain products 

21 in that country. 

22 (b) The Secretary of Defense shall submit to the Con23 gress a report on the amount of Department of Defense pur24 chases from foreign entities in fiscal year 2007. Such report 

25 shall separately indicate the dollar value of items for which 


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1 the Buy American Act was waived pursuant to any agree2 ment described in subsection (a)(2), the Trade Agreement 

3 Act of 1979 (19 U.S.C. 2501 et seq.), or any international 

4 agreement to which the United States is a party. 

5 (c) For purposes of this section, the term ‘‘Buy Amer6 ican Act’’ means title III of the Act entitled ‘‘An Act mak7 ing appropriations for the Treasury and Post Office De8 partments for the fiscal year ending June 30, 1934, and 

9 for other purposes’’, approved March 3, 1933 (41 U.S.C. 

10 10a et seq.). 

11 SEC. 8031. Notwithstanding any other provision of 

12 law, funds available during the current fiscal year and 

13 hereafter for ‘‘Drug Interdiction and Counter-Drug Activi14 ties, Defense’’ may be obligated for the Young Marines pro15 gram. 

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 8032. During the current fiscal year, amounts 

18 contained in the Department of Defense Overseas Military 

19 Facility Investment Recovery Account established by section 

20 2921(c)(1) of the National Defense Authorization Act of 

21 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall be 

22 available until expended for the payments specified by sec23 tion 2921(c)(2) of that Act. 

24 SEC. 8033. (a) IN GENERAL.—Notwithstanding any 

25 other provision of law, the Secretary of the Air Force may 

26 convey at no cost to the Air Force, without consideration, 


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1 to Indian tribes located in the States of North Dakota, 

2 South Dakota, Montana, and Minnesota relocatable mili3 tary housing units located at Grand Forks Air Force Base 

4 and Minot Air Force Base that are excess to the needs of 

5 the Air Force. 

6 (b) PROCESSING OF REQUESTS.—The Secretary of the 

7 Air Force shall convey, at no cost to the Air Force, military 

8 housing units under subsection (a) in accordance with the 

9 request for such units that are submitted to the Secretary 

10 by the Operation Walking Shield Program on behalf of In11 dian tribes located in the States of North Dakota, South 

12 Dakota, Montana, and Minnesota. 

13 (c) RESOLUTION OF HOUSING UNIT CONFLICTS.—The 

14 Operation Walking Shield Program shall resolve any con15 flicts among requests of Indian tribes for housing units 

16 under subsection (a) before submitting requests to the Sec17 retary of the Air Force under subsection (b). 

18 (d) INDIAN TRIBE DEFINED.—In this section, the term 

19 ‘‘Indian tribe’’ means any recognized Indian tribe included 

20 on the current list published by the Secretary of the Interior 

21 under section 104 of the Federally Recognized Indian Tribe 

22 Act of 1994 (Public Law 103–454; 108 Stat. 4792; 25 

23 U.S.C. 479a–1). 

24 SEC. 8034. During the current fiscal year, appropria25 tions which are available to the Department of Defense for 


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1 operation and maintenance may be used to purchase items 

2 having an investment item unit cost of not more than 

3 $250,000. 

4 SEC. 8035. (a) During the current fiscal year, none 

5 of the appropriations or funds available to the Department 

6 of Defense Working Capital Funds shall be used for the pur7 chase of an investment item for the purpose of acquiring 

8 a new inventory item for sale or anticipated sale during 

9 the current fiscal year or a subsequent fiscal year to cus10 tomers of the Department of Defense Working Capital 

11 Funds if such an item would not have been chargeable to 

12 the Department of Defense Business Operations Fund dur13 ing fiscal year 1994 and if the purchase of such an invest14 ment item would be chargeable during the current fiscal 

15 year to appropriations made to the Department of Defense 

16 for procurement. 

17 (b) The fiscal year 2008 budget request for the Depart18 ment of Defense as well as all justification material and 

19 other documentation supporting the fiscal year 2008 De20 partment of Defense budget shall be prepared and submitted 

21 to the Congress on the basis that any equipment which was 

22 classified as an end item and funded in a procurement ap23 propriation contained in this Act shall be budgeted for in 

24 a proposed fiscal year 2008 procurement appropriation and 

25 not in the supply management business area or any other 


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1 area or category of the Department of Defense Working 

2 Capital Funds. 

3 SEC. 8036. None of the funds appropriated by this Act 

4 for programs of the Central Intelligence Agency shall re5 main available for obligation beyond the current fiscal year, 

6 except for funds appropriated for the Reserve for Contin7 gencies, which shall remain available until September 30, 

8 2008: Provided, That funds appropriated, transferred, or 

9 otherwise credited to the Central Intelligence Agency Cen10 tral Services Working Capital Fund during this or any 

11 prior or subsequent fiscal year shall remain available until 

12 expended: Provided further, That any funds appropriated 

13 or transferred to the Central Intelligence Agency for ad14 vanced research and development acquisition, for agent op15 erations, and for covert action programs authorized by the 

16 President under section 503 of the National Security Act 

17 of 1947, as amended, shall remain available until Sep18 tember 30, 2008. 

19 SEC. 8037. Notwithstanding any other provision of 

20 law, funds made available in this Act for the Defense Intel21 ligence Agency may be used for the design, development, and 

22 deployment of General Defense Intelligence Program intel23 ligence communications and intelligence information sys24 tems for the Services, the Unified and Specified Commands, 

25 and the component commands. 


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1 SEC. 8038. Of the funds appropriated to the Depart2 ment of Defense under the heading ‘‘Operation and Mainte3 nance, Defense-Wide’’, not less than $10,000,000 shall be 

4 made available only for the mitigation of environmental 

5 impacts, including training and technical assistance to 

6 tribes, related administrative support, the gathering of in7 formation, documenting of environmental damage, and de8 veloping a system for prioritization of mitigation and cost 

9 to complete estimates for mitigation, on Indian lands re10 sulting from Department of Defense activities. 

11 SEC. 8039. (a) None of the funds appropriated in this 

12 Act may be expended by an entity of the Department of 

13 Defense unless the entity, in expending the funds, complies 

14 with the Buy American Act. For purposes of this subsection, 

15 the term ‘‘Buy American Act’’ means title III of the Act 

16 entitled ‘‘An Act making appropriations for the Treasury 

17 and Post Office Departments for the fiscal year ending June 

18 30, 1934, and for other purposes’’, approved March 3, 1933 

19 (41 U.S.C. 10a et seq.). 

20 (b) If the Secretary of Defense determines that a person 

21 has been convicted of intentionally affixing a label bearing 

22 a ‘‘Made in America’’ inscription to any product sold in 

23 or shipped to the United States that is not made in Amer24 ica, the Secretary shall determine, in accordance with sec25 tion 2410f of title 10, United States Code, whether the perVerDate Aug 31 2005 00:18 Sep 09, 2006 Jkt 049200 PO 00000 Frm 00178 Fmt 6652 Sfmt 6203 E:\BILLS\H5631.PP H5631

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1 son should be debarred from contracting with the Depart2 ment of Defense. 

3 (c) In the case of any equipment or products purchased 

4 with appropriations provided under this Act, it is the sense 

5 of the Congress that any entity of the Department of De6 fense, in expending the appropriation, purchase only Amer7 ican-made equipment and products, provided that Amer8 ican-made equipment and products are cost-competitive, 

9 quality-competitive, and available in a timely fashion. 

10 SEC. 8040. None of the funds appropriated by this Act 

11 shall be available for a contract for studies, analysis, or 

12 consulting services entered into without competition on the 

13 basis of an unsolicited proposal unless the head of the activ14 ity responsible for the procurement determines— 

15 (1) as a result of thorough technical evaluation, 

16 only one source is found fully qualified to perform the 

17 proposed work; 

18 (2) the purpose of the contract is to explore an 

19 unsolicited proposal which offers significant scientific 

20 or technological promise, represents the product of 

21 original thinking, and was submitted in confidence 

22 by one source; or 

23 (3) the purpose of the contract is to take advan24 tage of unique and significant industrial accomplish25 ment by a specific concern, or to insure that a new 


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1 product or idea of a specific concern is given finan2 cial support: Provided, That this limitation shall not 

3 apply to contracts in an amount of less than $25,000, 

4 contracts related to improvements of equipment that 

5 is in development or production, or contracts as to 

6 which a civilian official of the Department of Defense, 

7 who has been confirmed by the Senate, determines 

8 that the award of such contract is in the interest of 

9 the national defense. 

10 SEC. 8041. (a) Except as provided in subsection (b) 

11 and (c), none of the funds made available by this Act may 

12 be used— 

13 (1) to establish a field operating agency; or 

14 (2) to pay the basic pay of a member of the 

15 Armed Forces or civilian employee of the department 

16 who is transferred or reassigned from a headquarters 

17 activity if the member or employee’s place of duty re18 mains at the location of that headquarters. 

19 (b) The Secretary of Defense or Secretary of a military 

20 department may waive the limitations in subsection (a), 

21 on a case-by-case basis, if the Secretary determines, and cer22 tifies to the Committees on Appropriations of the House of 

23 Representatives and Senate that the granting of the waiver 

24 will reduce the personnel requirements or the financial re25 quirements of the department. 


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1 (c) This section does not apply to— 

2 (1) field operating agencies funded within the 

3 National Intelligence Program; or 

4 (2) an Army field operating agency established 

5 to eliminate, mitigate, or counter the effects of impro6 vised explosive devices, and, as determined by the Sec7 retary of the Army, other similar threats. 

8 SEC. 8042. The Secretary of Defense, notwithstanding 

9 any other provision of law, acting through the Office of Eco10 nomic Adjustment of the Department of Defense, may use 

11 funds made available in this Act under the heading ‘‘Oper12 ation and Maintenance, Defense-Wide’’ to make grants and 

13 supplement other Federal funds in accordance with the 

14 guidance provided in the report of the Committee on Appro15 priations of the Senate accompanying this Act. 

16 (RESCISSIONS)

17 SEC. 8043. Of the funds appropriated in Department 

18 of Defense Appropriations Acts, the following funds are 

19 hereby rescinded from the following accounts and programs 

20 in the specified amounts: 

21 ‘‘Other Procurement, Army, 2006/2008’’, 

22 $20,000,000; 

23 ‘‘Aircraft Procurement, Navy, 2006/2008’’, 

24 $40,700,000; 

25 ‘‘Shipbuilding and Conversion, Navy, 2006/ 

26 2010’’, $220,000,000; 


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1 ‘‘Aircraft Procurement, Air Force, 2006/2008’’, 

2 $141,100,000; 

3 ‘‘Missile Procurement, Air Force, 2006/2008’’, 

4 $100,000,000; 

5 ‘‘Other Procurement, Air Force, 2006/2008’’, 

6 $125,000,000; 

7 ‘‘Research, Development, Test and Evaluation, 

8 Navy, 2006/2007’’, $27,282,000; 

9 ‘‘Research, Development, Test and Evaluation, 

10 Air Force, 2006/2007’’, $92,800,000; 

11 ‘‘Research, Development, Test and Evaluation, 

12 Defense-Wide, 2006/2007’’, $100,000,000; 

13 ‘‘Aircraft Procurement, Air Force, 2005/2007’’, 

14 $107,200,000; and 

15 ‘‘Shipbuilding and Conversion Navy, 2005/ 

16 2009’’, $11,245,000. 

17 SEC. 8044. None of the funds available in this Act may 

18 be used to reduce the authorized positions for military (ci19 vilian) technicians of the Army National Guard, the Air 

20 National Guard, Army Reserve and Air Force Reserve for 

21 the purpose of applying any administratively imposed ci22 vilian personnel ceiling, freeze, or reduction on military (ci23 vilian) technicians, unless such reductions are a direct re24 sult of a reduction in military force structure. 


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1 SEC. 8045. None of the funds appropriated or other2 wise made available in this Act may be obligated or ex3 pended for assistance to the Democratic People’s Republic 

4 of North Korea unless specifically appropriated for that 

5 purpose. 

6 SEC. 8046. Funds appropriated in this Act for oper7 ation and maintenance of the Military Departments, Com8 batant Commands and Defense Agencies shall be available 

9 for reimbursement of pay, allowances and other expenses 

10 which would otherwise be incurred against appropriations 

11 for the National Guard and Reserve when members of the 

12 National Guard and Reserve provide intelligence or coun13 terintelligence support to Combatant Commands, Defense 

14 Agencies and Joint Intelligence Activities, including the ac15 tivities and programs included within the National Intel16 ligence Program and the Military Intelligence Program: 

17 Provided, That nothing in this section authorizes deviation 

18 from established Reserve and National Guard personnel and 

19 training procedures. 

20 SEC. 8047. During the current fiscal year, none of the 

21 funds appropriated in this Act may be used to reduce the 

22 civilian medical and medical support personnel assigned to 

23 military treatment facilities below the September 30, 2003, 

24 level: Provided, That the Service Surgeons General may 

25 waive this section by certifying to the congressional defense 


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1 committees that the beneficiary population is declining in 

2 some catchment areas and civilian strength reductions may 

3 be consistent with responsible resource stewardship and 

4 capitation-based budgeting. 

5 SEC. 8048. Notwithstanding any other provision of 

6 law, that not more than 35 percent of funds provided in 

7 this Act for environmental remediation may be obligated 

8 under indefinite delivery/indefinite quantity contracts with 

9 a total contract value of $130,000,000 or higher. 

10 SEC. 8049. (a) None of the funds available to the De11 partment of Defense for any fiscal year for drug interdic12 tion or counter-drug activities may be transferred to any 

13 other department or agency of the United States except as 

14 specifically provided in an appropriations law. 

15 (b) None of the funds available to the Central Intel16 ligence Agency for any fiscal year for drug interdiction and 

17 counter-drug activities may be transferred to any other de18 partment or agency of the United States except as specifi19 cally provided in an appropriations law. 

20 SEC. 8050. None of the funds appropriated by this Act 

21 may be used for the procurement of ball and roller bearings 

22 other than those produced by a domestic source and of do23 mestic origin: Provided, That the Secretary of the military 

24 department responsible for such procurement may waive 

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1 ing to the Committees on Appropriations of the House of 

2 Representatives and the Senate, that adequate domestic 

3 supplies are not available to meet Department of Defense 

4 requirements on a timely basis and that such an acquisition 

5 must be made in order to acquire capability for national 

6 security purposes: Provided further, That this restriction 

7 shall not apply to the purchase of ‘‘commercial items’’, as 

8 defined by section 4(12) of the Office of Federal Procure9 ment Policy Act, except that the restriction shall apply to 

10 ball or roller bearings purchased as end items. 

11 SEC. 8051. None of the funds in this Act may be used 

12 to purchase any supercomputer which is not manufactured 

13 in the United States, unless the Secretary of Defense cer14 tifies to the congressional defense committees that such an 

15 acquisition must be made in order to acquire capability for 

16 national security purposes that is not available from 

17 United States manufacturers. 

18 SEC. 8052. Notwithstanding any other provision of 

19 law, each contract awarded by the Department of Defense 

20 during the current fiscal year and hereafter for construction 

21 or service performed in whole or in part in a State (as 

22 defined in section 381(d) of title 10, United States Code) 

23 which is not contiguous with another State and has an un24 employment rate in excess of the national average rate of 

25 unemployment as determined by the Secretary of Labor, 


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1 shall include a provision requiring the contractor to em2 ploy, for the purpose of performing that portion of the con3 tract in such State that is not contiguous with another 

4 State, individuals who are residents of such State and who, 

5 in the case of any craft or trade, possess or would be able 

6 to acquire promptly the necessary skills: Provided, That the 

7 Secretary of Defense may waive the requirements of this 

8 section, on a case-by-case basis, in the interest of national 

9 security. 

10 SEC. 8053. None of the funds made available in this 

11 or any other Act may be used to pay the salary of any 

12 officer or employee of the Department of Defense who ap13 proves or implements the transfer of administrative respon14 sibilities or budgetary resources of any program, project, 

15 or activity financed by this Act to the jurisdiction of an16 other Federal agency not financed by this Act without the 

17 express authorization of Congress: Provided, That this limi18 tation shall not apply to transfers of funds expressly pro19 vided for in Defense Appropriations Acts, or provisions of 

20 Acts providing supplemental appropriations for the De21 partment of Defense. 

22 SEC. 8054. (a) LIMITATION ON TRANSFER OF DE23 FENSE ARTICLES AND SERVICES.—Notwithstanding any 

24 other provision of law, none of the funds available to the 

25 Department of Defense for the current fiscal year may be 


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1 obligated or expended to transfer to another nation or an 

2 international organization any defense articles or services 

3 (other than intelligence services) for use in the activities de4 scribed in subsection (b) unless the congressional defense 

5 committees, the Committee on International Relations of 

6 the House of Representatives, and the Committee on For7 eign Relations of the Senate are notified 15 days in advance 

8 of such transfer. 

9 (b) COVERED ACTIVITIES.—This section applies to— 

10 (1) any international peacekeeping or peace-en11 forcement operation under the authority of chapter VI 

12 or chapter VII of the United Nations Charter under 

13 the authority of a United Nations Security Council 

14 resolution; and 

15 (2) any other international peacekeeping, peace16 enforcement, or humanitarian assistance operation. 

17 (c) REQUIRED NOTICE.—A notice under subsection (a) 

18 shall include the following: 

19 (1) A description of the equipment, supplies, or 

20 services to be transferred. 

21 (2) A statement of the value of the equipment, 

22 supplies, or services to be transferred. 

23 (3) In the case of a proposed transfer of equip24 ment or supplies— 


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1 (A) a statement of whether the inventory re2 quirements of all elements of the Armed Forces 

3 (including the reserve components) for the type 

4 of equipment or supplies to be transferred have 

5 been met; and 

6 (B) a statement of whether the items pro7 posed to be transferred will have to be replaced 

8 and, if so, how the President proposes to provide 

9 funds for such replacement. 

10 SEC. 8055. None of the funds available to the Depart11 ment of Defense under this Act shall be obligated or ex12 pended to pay a contractor under a contract with the De13 partment of Defense for costs of any amount paid by the 

14 contractor to an employee when— 

15 (1) such costs are for a bonus or otherwise in ex16 cess of the normal salary paid by the contractor to the 

17 employee; and 

18 (2) such bonus is part of restructuring costs asso19 ciated with a business combination. 

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 8056. During the current fiscal year, no more 

22 than $30,000,000 of appropriations made in this Act under 

23 the heading ‘‘Operation and Maintenance, Defense-Wide’’ 

24 may be transferred to appropriations available for the pay 

25 of military personnel, to be merged with, and to be available 

26 for the same time period as the appropriations to which 


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1 transferred, to be used in support of such personnel in con2 nection with support and services for eligible organizations 

3 and activities outside the Department of Defense pursuant 

4 to section 2012 of title 10, United States Code. 

5 SEC. 8057. During the current fiscal year, in the case 

6 of an appropriation account of the Department of Defense 

7 for which the period of availability for obligation has ex8 pired or which has closed under the provisions of section 

9 1552 of title 31, United States Code, and which has a nega10 tive unliquidated or unexpended balance, an obligation or 

11 an adjustment of an obligation may be charged to any cur12 rent appropriation account for the same purpose as the ex13 pired or closed account if— 

14 (1) the obligation would have been properly 

15 chargeable (except as to amount) to the expired or 

16 closed account before the end of the period of avail17 ability or closing of that account; 

18 (2) the obligation is not otherwise properly 

19 chargeable to any current appropriation account of 

20 the Department of Defense; and 

21 (3) in the case of an expired account, the obliga22 tion is not chargeable to a current appropriation of 

23 the Department of Defense under the provisions of sec24 tion 1405(b)(8) of the National Defense Authorization 

25 Act for Fiscal Year 1991, Public Law 101–510, as 


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1 amended (31 U.S.C. 1551 note): Provided, That in 

2 the case of an expired account, if subsequent review 

3 or investigation discloses that there was not in fact a 

4 negative unliquidated or unexpended balance in the 

5 account, any charge to a current account under the 

6 authority of this section shall be reversed and re7 corded against the expired account: Provided further, 

8 That the total amount charged to a current appro9 priation under this section may not exceed an 

10 amount equal to 1 percent of the total appropriation 

11 for that account. 

12 SEC. 8058. (a) Notwithstanding any other provision 

13 of law, the Chief of the National Guard Bureau may permit 

14 the use of equipment of the National Guard Distance Learn15 ing Project by any person or entity on a space-available, 

16 reimbursable basis. The Chief of the National Guard Bu17 reau shall establish the amount of reimbursement for such 

18 use on a case-by-case basis. 

19 (b) Amounts collected under subsection (a) shall be 

20 credited to funds available for the National Guard Distance 

21 Learning Project and be available to defray the costs associ22 ated with the use of equipment of the project under that 

23 subsection. Such funds shall be available for such purposes 

24 without fiscal year limitation. 


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1 SEC. 8059. Using funds available by this Act or any 

2 other Act, the Secretary of the Air Force, pursuant to a 

3 determination under section 2690 of title 10, United States 

4 Code, may implement cost-effective agreements for required 

5 heating facility modernization in the Kaiserslautern Mili6 tary Community in the Federal Republic of Germany: Pro7 vided, That in the City of Kaiserslautern such agreements 

8 will include the use of United States anthracite as the base 

9 load energy for municipal district heat to the United States 

10 Defense installations: Provided further, That at Landstuhl 

11 Army Regional Medical Center and Ramstein Air Base, 

12 furnished heat may be obtained from private, regional or 

13 municipal services, if provisions are included for the con14 sideration of United States coal as an energy source. 

15 SEC. 8060. None of the funds appropriated in title IV 

16 of this Act may be used to procure end-items for delivery 

17 to military forces for operational training, operational use 

18 or inventory requirements: Provided, That this restriction 

19 does not apply to end-items used in development, proto20 typing, and test activities preceding and leading to accept21 ance for operational use: Provided further, That this restric22 tion does not apply to programs funded within the National 

23 Intelligence Program: Provided further, That the Secretary 

24 of Defense may waive this restriction on a case-by-case basis 

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1 tions of the House of Representatives and the Senate that 

2 it is in the national security interest to do so. 

3 SEC. 8061. Notwithstanding any other provision of 

4 law, funds available to the Department of Defense shall be 

5 made available to provide transportation of medical sup6 plies and equipment, on a nonreimbursable basis, to Amer7 ican Samoa, and funds available to the Department of De8 fense shall be made available to provide transportation of 

9 medical supplies and equipment, on a nonreimbursable 

10 basis, to the Indian Health Service when it is in conjunc11 tion with a civil-military project. 

12 SEC. 8062. None of the funds made available in this 

13 Act may be used to approve or license the sale of the F– 

14 22A advanced tactical fighter to any foreign government. 

15 SEC. 8063. (a) The Secretary of Defense may, on a 

16 case-by-case basis, waive with respect to a foreign country 

17 each limitation on the procurement of defense items from 

18 foreign sources provided in law if the Secretary determines 

19 that the application of the limitation with respect to that 

20 country would invalidate cooperative programs entered into 

21 between the Department of Defense and the foreign country, 

22 or would invalidate reciprocal trade agreements for the pro23 curement of defense items entered into under section 2531 

24 of title 10, United States Code, and the country does not 


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1 discriminate against the same or similar defense items pro2 duced in the United States for that country. 

3 (b) Subsection (a) applies with respect to— 

4 (1) contracts and subcontracts entered into on or 

5 after the date of the enactment of this Act; and 

6 (2) options for the procurement of items that are 

7 exercised after such date under contracts that are en8 tered into before such date if the option prices are ad9 justed for any reason other than the application of a 

10 waiver granted under subsection (a). 

11 (c) Subsection (a) does not apply to a limitation re12 garding construction of public vessels, ball and roller bear13 ings, food, and clothing or textile materials as defined by 

14 section 11 (chapters 50–65) of the Harmonized Tariff 

15 Schedule and products classified under headings 4010, 

16 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 

17 7229, 7304.41 through 7304.49, 7306.40, 7502 through 

18 7508, 8105, 8108, 8109, 8211, 8215, and 9404. 

19 SEC. 8064. (a) PROHIBITION.—None of the funds made 

20 available by this Act may be used to support any training 

21 program involving a unit of the security forces of a foreign 

22 country if the Secretary of Defense has received credible in23 formation from the Department of State that the unit has 

24 committed a gross violation of human rights, unless all nec25 essary corrective steps have been taken. 


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1 (b) MONITORING.—The Secretary of Defense, in con2 sultation with the Secretary of State, shall ensure that prior 

3 to a decision to conduct any training program referred to 

4 in subsection (a), full consideration is given to all credible 

5 information available to the Department of State relating 

6 to human rights violations by foreign security forces. 

7 (c) WAIVER.—The Secretary of Defense, after consulta8 tion with the Secretary of State, may waive the prohibition 

9 in subsection (a) if he determines that such waiver is re10 quired by extraordinary circumstances. 

11 (d) REPORT.—Not more than 15 days after the exercise 

12 of any waiver under subsection (c), the Secretary of Defense 

13 shall submit a report to the congressional defense commit14 tees describing the extraordinary circumstances, the purpose 

15 and duration of the training program, the United States 

16 forces and the foreign security forces involved in the train17 ing program, and the information relating to human rights 

18 violations that necessitates the waiver. 

19 SEC. 8065. None of the funds appropriated or made 

20 available in this Act to the Department of the Navy shall 

21 be used to develop, lease or procure the T–AKE class of ships 

22 unless the main propulsion diesel engines and propulsors 

23 are manufactured in the United States by a domestically 

24 operated entity: Provided, That the Secretary of Defense 

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1 fying in writing to the Committees on Appropriations of 

2 the House of Representatives and the Senate that adequate 

3 domestic supplies are not available to meet Department of 

4 Defense requirements on a timely basis and that such an 

5 acquisition must be made in order to acquire capability for 

6 national security purposes or there exists a significant cost 

7 or quality difference. 

8 SEC. 8066. None of the funds appropriated or other9 wise made available by this or other Department of Defense 

10 Appropriations Acts may be obligated or expended for the 

11 purpose of performing repairs or maintenance to military 

12 family housing units of the Department of Defense, includ13 ing areas in such military family housing units that may 

14 be used for the purpose of conducting official Department 

15 of Defense business. 

16 SEC. 8067. Notwithstanding any other provision of 

17 law, funds appropriated in this Act under the heading ‘‘Re18 search, Development, Test and Evaluation, Defense-Wide’’ 

19 for any new start advanced concept technology demonstra20 tion project may only be obligated 30 days after a report, 

21 including a description of the project, the planned acquisi22 tion and transition strategy and its estimated annual and 

23 total cost, has been provided in writing to the congressional 

24 defense committees: Provided, That the Secretary of Defense 

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1 fying to the congressional defense committees that it is in 

2 the national interest to do so. 

3 SEC. 8068. The Secretary of Defense shall provide a 

4 classified quarterly report beginning 30 days after enact5 ment of this Act, to the House and Senate Appropriations 

6 Committees, Subcommittees on Defense on certain matters 

7 as directed in the classified annex accompanying this Act. 

8 SEC. 8069. During the current fiscal year, refunds at9 tributable to the use of the Government travel card, refunds 

10 attributable to the use of the Government Purchase Card 

11 and refunds attributable to official Government travel ar12 ranged by Government Contracted Travel Management 

13 Centers may be credited to operation and maintenance, and 

14 research, development, test and evaluation accounts of the 

15 Department of Defense which are current when the refunds 

16 are received. 

17 SEC. 8070. (a) REGISTERING FINANCIAL MANAGE18 MENT INFORMATION TECHNOLOGY SYSTEMS WITH DOD 

19 CHIEF INFORMATION OFFICER.—None of the funds appro20 priated in this Act may be used for a mission critical or 

21 mission essential financial management information tech22 nology system (including a system funded by the defense 

23 working capital fund) that is not registered with the Chief 

24 Information Officer of the Department of Defense. A system 

25 shall be considered to be registered with that officer upon 


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1 the furnishing to that officer of notice of the system, together 

2 with such information concerning the system as the Sec3 retary of Defense may prescribe. A financial management 

4 information technology system shall be considered a mission 

5 critical or mission essential information technology system 

6 as defined by the Under Secretary of Defense (Comptroller). 

7 (b) CERTIFICATIONS AS TO COMPLIANCE WITH FINAN8 CIAL MANAGEMENT MODERNIZATION PLAN.— 

9 (1) During the current fiscal year, a financial 

10 management automated information system, a mixed 

11 information system supporting financial and non-fi12 nancial systems, or a system improvement of more 

13 than $1,000,000 may not receive Milestone A ap14 proval, Milestone B approval, or full rate production, 

15 or their equivalent, within the Department of Defense 

16 until the Under Secretary of Defense (Comptroller) 

17 certifies, with respect to that milestone, that the sys18 tem is being developed and managed in accordance 

19 with the Department’s Financial Management Mod20 ernization Plan. The Under Secretary of Defense 

21 (Comptroller) may require additional certifications, 

22 as appropriate, with respect to any such system. 

23 (2) The Chief Information Officer shall provide 

24 the congressional defense committees timely notifica25 tion of certifications under paragraph (1). 


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1 (c) CERTIFICATIONS AS TO COMPLIANCE WITH

2 CLINGER-COHEN ACT.— 

3 (1) During the current fiscal year, a major auto4 mated information system may not receive Milestone 

5 A approval, Milestone B approval, or full rate pro6 duction approval, or their equivalent, within the De7 partment of Defense until the Chief Information Offi8 cer certifies, with respect to that milestone, that the 

9 system is being developed in accordance with the 

10 Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.). 

11 The Chief Information Officer may require additional 

12 certifications, as appropriate, with respect to any 

13 such system. 

14 (2) The Chief Information Officer shall provide 

15 the congressional defense committees timely notifica16 tion of certifications under paragraph (1). Each such 

17 notification shall include a statement confirming that 

18 the following steps have been taken with respect to the 

19 system: 

20 (A) Business process reengineering. 

21 (B) An analysis of alternatives. 

22 (C) An economic analysis that includes a 

23 calculation of the return on investment. 

24 (D) Performance measures. 


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1 (E) An information assurance strategy con2 sistent with the Department’s Global Informa3 tion Grid. 

4 (d) DEFINITIONS.—For purposes of this section: 

5 (1) The term ‘‘Chief Information Officer’’ means 

6 the senior official of the Department of Defense des7 ignated by the Secretary of Defense pursuant to sec8 tion 3506 of title 44, United States Code. 

9 (2) The term ‘‘information technology system’’ 

10 has the meaning given the term ‘‘information tech11 nology’’ in section 5002 of the Clinger-Cohen Act of 

12 1996 (40 U.S.C. 1401). 

13 SEC. 8071. During the current fiscal year, none of the 

14 funds available to the Department of Defense may be used 

15 to provide support to another department or agency of the 

16 United States if such department or agency is more than 

17 90 days in arrears in making payment to the Department 

18 of Defense for goods or services previously provided to such 

19 department or agency on a reimbursable basis: Provided, 

20 That this restriction shall not apply if the department is 

21 authorized by law to provide support to such department 

22 or agency on a nonreimbursable basis, and is providing the 

23 requested support pursuant to such authority: Provided fur24 ther, That the Secretary of Defense may waive this restric25 tion on a case-by-case basis by certifying in writing to the 


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1 Committees on Appropriations of the House of Representa2 tives and the Senate that it is in the national security inter3 est to do so. 

4 SEC. 8072. Notwithstanding section 12310(b) of title 

5 10, United States Code, a Reserve who is a member of the 

6 National Guard serving on full-time National Guard duty 

7 under section 502(f) of title 32 may perform duties in sup8 port of the ground-based elements of the National Ballistic 

9 Missile Defense System. 

10 SEC. 8073. None of the funds provided in this Act may 

11 be used to transfer to any nongovernmental entity ammuni12 tion held by the Department of Defense that has a center13 fire cartridge and a United States military nomenclature 

14 designation of ‘‘armor penetrator’’, ‘‘armor piercing (AP)’’, 

15 ‘‘armor piercing incendiary (API)’’, or ‘‘armor-piercing in16 cendiary-tracer (API–T)’’, except to an entity performing 

17 demilitarization services for the Department of Defense 

18 under a contract that requires the entity to demonstrate to 

19 the satisfaction of the Department of Defense that armor 

20 piercing projectiles are either: (1) rendered incapable of 

21 reuse by the demilitarization process; or (2) used to manu22 facture ammunition pursuant to a contract with the De23 partment of Defense or the manufacture of ammunition for 

24 export pursuant to a License for Permanent Export of UnVerDate Aug 31 2005 00:18 Sep 09, 2006 Jkt 049200 PO 00000 Frm 00200 Fmt 6652 Sfmt 6203 E:\BILLS\H5631.PP H5631

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1 classified Military Articles issued by the Department of 

2 State. 

3 SEC. 8074. Notwithstanding any other provision of 

4 law, the Chief of the National Guard Bureau, or his des5 ignee, may waive payment of all or part of the consider6 ation that otherwise would be required under section 2667 

7 of title 10, United States Code, in the case of a lease of 

8 personal property for a period not in excess of 1 year to 

9 any organization specified in section 508(d) of title 32, 

10 United States Code, or any other youth, social, or fraternal 

11 non-profit organization as may be approved by the Chief 

12 of the National Guard Bureau, or his designee, on a case13 by-case basis. 

14 SEC. 8075. None of the funds appropriated by this Act 

15 shall be used for the support of any nonappropriated funds 

16 activity of the Department of Defense that procures malt 

17 beverages and wine with nonappropriated funds for resale 

18 (including such alcoholic beverages sold by the drink) on 

19 a military installation located in the United States unless 

20 such malt beverages and wine are procured within that 

21 State, or in the case of the District of Columbia, within 

22 the District of Columbia, in which the military installation 

23 is located: Provided, That in a case in which the military 

24 installation is located in more than one State, purchases 

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1 cated: Provided further, That such local procurement re2 quirements for malt beverages and wine shall apply to all 

3 alcoholic beverages only for military installations in States 

4 which are not contiguous with another State: Provided fur5 ther, That alcoholic beverages other than wine and malt bev6 erages, in contiguous States and the District of Columbia 

7 shall be procured from the most competitive source, price 

8 and other factors considered. 

9 SEC. 8076. Funds available to the Department of De10 fense for the Global Positioning System during the current 

11 fiscal year may be used to fund civil requirements associ12 ated with the satellite and ground control segments of such 

13 system’s modernization program. 

14 (INCLUDING TRANSFER OF FUNDS)

15 SEC. 8077. Of the amounts appropriated in this Act 

16 under the heading ‘‘Operation and Maintenance, Army’’, 

17 $78,300,000 shall remain available until expended: Pro18 vided, That notwithstanding any other provision of law, the 

19 Secretary of Defense is authorized to transfer such funds 

20 to other activities of the Federal Government: Provided fur21 ther, That the Secretary of Defense is authorized to enter 

22 into and carry out contracts for the acquisition of real 

23 property, construction, personal services, and operations re24 lated to projects carrying out the purposes of this section: 

25 Provided further, That contracts entered into under the au26 thority of this section may provide for such indemnification 


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1 as the Secretary determines to be necessary: Provided fur2 ther, That projects authorized by this section shall comply 

3 with applicable Federal, State, and local law to the max4 imum extent consistent with the national security, as deter5 mined by the Secretary of Defense. 

6 SEC. 8078. Section 8106 of the Department of Defense 

7 Appropriations Act, 1997 (titles I through VIII of the mat8 ter under subsection 101(b) of Public Law 104–208; 110 

9 Stat. 3009–111; 10 U.S.C. 113 note) shall continue in effect 

10 to apply to disbursements that are made by the Department 

11 of Defense in fiscal year 2007. 

12 SEC. 8079. (a) The Secretary of Defense, in coordina13 tion with the Secretary of Health and Human Services, 

14 may carry out a program to distribute surplus dental and 

15 medical equipment of the Department of Defense, at no cost 

16 to the Department of Defense, to Indian Health Service fa17 cilities and to federally-qualified health centers (within the 

18 meaning of section 1905(l)(2)(B) of the Social Security Act 

19 (42 U.S.C. 1396d(l)(2)(B))). 

20 (b) In carrying out this provision, the Secretary of De21 fense shall give the Indian Health Service a property dis22 posal priority equal to the priority given to the Department 

23 of Defense and its twelve special screening programs in dis24 tribution of surplus dental and medical supplies and equip25 ment. 


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1 SEC. 8080. Amounts appropriated in title II of this 

2 Act are hereby reduced by $92,000,000 to reflect savings at3 tributable to efficiencies and management improvements in 

4 the funding of miscellaneous or other contracts in the mili5 tary departments, as follows: 

6 (1) From ‘‘Operation and Maintenance, Army’’, 

7 $5,000,000. 

8 (2) From ‘‘Operation and Maintenance, Air 

9 Force’’, $87,000,000. 

10 SEC. 8081. The total amount appropriated or other11 wise made available in this Act is hereby reduced by 

12 $71,000,000 to limit excessive growth in the procurement 

13 of advisory and assistance services, to be distributed as fol14 lows: 

15 ‘‘Operation and Maintenance, Army’’, $32,000,000. 

16 ‘‘Operation and Maintenance, Navy’’, $34,000,000. 

17 ‘‘Operation and Maintenance, Marine Corps’’, 

18 $5,000,000. 

19 (INCLUDING TRANSFER OF FUNDS)

20 SEC. 8082. Of the amounts appropriated in this Act 

21 under the heading ‘‘Research, Development, Test and Eval22 uation, Defense-Wide’’, $152,494,000 shall be made avail23 able for the Arrow missile defense program: Provided, That 

24 of this amount, $63,000,000 shall be available for the pur25 pose of producing Arrow missile components in the United 

26 States and Arrow missile components and missiles in Israel 


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1 to meet Israel’s defense requirements, consistent with each 

2 nation’s laws, regulations and procedures, and $25,000,000 

3 shall be available for the purpose of the initiation of a joint 

4 feasibility study designated the Short Range Ballistic Mis5 sile Defense (SRBMD) initiative: Provided further, That 

6 funds made available under this provision for production 

7 of missiles and missile components may be transferred to 

8 appropriations available for the procurement of weapons 

9 and equipment, to be merged with and to be available for 

10 the same time period and the same purposes as the appro11 priation to which transferred: Provided further, That the 

12 transfer authority provided under this provision is in addi13 tion to any other transfer authority contained in this Act. 

14 (INCLUDING TRANSFER OF FUNDS)

15 SEC. 8083. Of the amounts appropriated in this Act 

16 under the heading ‘‘Shipbuilding and Conversion, Navy’’, 

17 $557,849,000 shall be available until September 30, 2007, 

18 to fund prior year shipbuilding cost increases: Provided, 

19 That upon enactment of this Act, the Secretary of the Navy 

20 shall transfer such funds to the following appropriations in 

21 the amounts specified: Provided further, That the amounts 

22 transferred shall be merged with and be available for the 

23 same purposes as the appropriations to which transferred: 

24 To: 

25 Under the heading ‘‘Shipbuilding and Con26 version, Navy, 1999/2007’’: 


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1 New SSN, $25,000,000; 

2 Under the heading ‘‘Shipbuilding and Con3 version, Navy, 2000/2007’’: 

4 LPD–17 Amphibious Transport Dock 

5 Ship Program, $66,049,000; 

6 Under the heading ‘‘Shipbuilding and Con7 version, Navy, 2001/2007’’: 

8 New SSN, $41,000,000; 

9 Carrier Replacement Program, 

10 $338,400,000; 

11 Under the heading ‘‘Shipbuilding and Con12 version, Navy, 2002/2007’’: 

13 New SSN, $43,000,000; 

14 Under the heading ‘‘Shipbuilding and Con15 version, Navy, 2003/2007’’: 

16 New SSN, $22,000,000; and 

17 Under the heading ‘‘Shipbuilding and Con18 version, Navy, 2005/2009’’: 

19 LPD–17 Amphibious Transport Dock 

20 Ship Program, $22,400,000. 

21 SEC. 8084. The Secretary of the Navy may settle, or 

22 compromise, and pay any and all admiralty claims under 

23 section 7622 of title 10, United States Code arising out of 

24 the collision involving the U.S.S. GREENEVILLE and the 

25 EHIME MARU, in any amount and without regard to the 


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1 monetary limitations in subsections (a) and (b) of that sec2 tion: Provided, That such payments shall be made from 

3 funds available to the Department of the Navy for operation 

4 and maintenance. 

5 SEC. 8085. Notwithstanding any other provision of 

6 law or regulation, the Secretary of Defense may exercise the 

7 provisions of section 7403(g) of title 38, United States Code 

8 for occupations listed in section 7403(a)(2) of title 38, 

9 United States Code as well as the following: 

10 Pharmacists, Audiologists, and Dental Hygien11 ists. 

12 (A) The requirements of section 

13 7403(g)(1)(A) of title 38, United States Code 

14 shall apply. 

15 (B) The limitations of section 7403(g)(1)(B) 

16 of title 38, United States Code shall not apply. 

17 SEC. 8086. Funds appropriated by this Act, or made 

18 available by the transfer of funds in this Act, for intelligence 

19 activities are deemed to be specifically authorized by the 

20 Congress for purposes of section 504 of the National Secu21 rity Act of 1947 (50 U.S.C. 414) during fiscal year 2007 

22 until the enactment of the Intelligence Authorization Act 

23 for fiscal year 2007. 

24 SEC. 8087. None of the funds in this Act may be used 

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1 fication to the Office of Secretary of Defense and the con2 gressional defense committees. 

3 SEC. 8088. FINANCING AND FIELDING OF KEY ARMY

4 CAPABILITIES.—The Department of Defense and the De5 partment of the Army shall make future budgetary and pro6 gramming plans to fully finance the Non-Line of Sight Fu7 ture Force cannon and resupply vehicle program (NLOS– 

8 C) in order to field this system in fiscal year 2010, con9 sistent with the broader plan to field the Future Combat 

10 System (FCS) in fiscal year 2010: Provided, That if the 

11 Army is precluded from fielding the FCS program by fiscal 

12 year 2010, then the Army shall develop the NLOS–C inde13 pendent of the broader FCS development timeline to achieve 

14 fielding by fiscal year 2010. In addition the Army will de15 liver eight (8) combat operational pre-production NLOS– 

16 C systems by the end of calendar year 2008. These systems 

17 shall be in addition to those systems necessary for develop18 mental and operational testing: Provided further, That the 

19 Army shall ensure that budgetary and programmatic plans 

20 will provide for no fewer than seven (7) Stryker Brigade 

21 Combat Teams. 

22 SEC. 8089. Up to $2,000,000 of the funds appropriated 

23 under the heading ‘‘Operation and Maintenance, Navy’’ in 

24 this Act for the Pacific Missile Range Facility may be made 

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1 ation of adjacent off-base water, drainage, and flood control 

2 systems, electrical upgrade to support additional missions 

3 critical to base operations, and support for a range foot4 print expansion to further guard against encroachment. 

5 SEC. 8090. The budget of the President for fiscal year 

6 2008 submitted to the Congress pursuant to section 1105 

7 of title 31, United States Code shall include separate budget 

8 justification documents for costs of United States Armed 

9 Forces’ participation in contingency operations for the 

10 Military Personnel accounts, the Operation and Mainte11 nance accounts, and the Procurement accounts: Provided, 

12 That these documents shall include a description of the 

13 funding requested for each contingency operation, for each 

14 military service, to include all Active and Reserve compo15 nents, and for each appropriations account: Provided fur16 ther, That these documents shall include estimated costs for 

17 each element of expense or object class, a reconciliation of 

18 increases and decreases for each contingency operation, and 

19 programmatic data including, but not limited to, troop 

20 strength for each Active and Reserve component, and esti21 mates of the major weapons systems deployed in support 

22 of each contingency: Provided further, That these documents 

23 shall include budget exhibits OP–5 and OP–32 (as defined 

24 in the Department of Defense Financial Management ReguVerDate Aug 31 2005 00:18 Sep 09, 2006 Jkt 049200 PO 00000 Frm 00209 Fmt 6652 Sfmt 6203 E:\BILLS\H5631.PP H5631

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1 lation) for all contingency operations for the budget year 

2 and the two preceding fiscal years. 

3 SEC. 8091. None of the funds in this Act may be used 

4 for research, development, test, evaluation, procurement or 

5 deployment of nuclear armed interceptors of a missile de6 fense system. 

7 SEC. 8092. Of the amounts provided in title II of this 

8 Act under the heading ‘‘Operation and Maintenance, De9 fense-Wide’’, $20,000,000 is available for the Regional De10 fense Counter-terrorism Fellowship Program, to fund the 

11 education and training of foreign military officers, min12 istry of defense civilians, and other foreign security offi13 cials, to include United States military officers and civilian 

14 officials whose participation directly contributes to the edu15 cation and training of these foreign students. 

16 SEC. 8093. None of the funds appropriated or made 

17 available in this Act shall be used to reduce or disestablish 

18 the operation of the 53rd Weather Reconnaissance Squad19 ron of the Air Force Reserve, if such action would reduce 

20 the WC–130 Weather Reconnaissance mission below the lev21 els funded in this Act: Provided, That the Air Force shall 

22 allow the 53rd Weather Reconnaissance Squadron to per23 form other missions in support of national defense require24 ments during the non-hurricane season. 


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1 SEC. 8094. None of the funds provided in this Act shall 

2 be available for integration of foreign intelligence informa3 tion unless the information has been lawfully collected and 

4 processed during the conduct of authorized foreign intel5 ligence activities: Provided, That information pertaining to 

6 United States persons shall only be handled in accordance 

7 with protections provided in the Fourth Amendment of the 

8 United States Constitution as implemented through Execu9 tive Order No. 12333. 

10 SEC. 8095. None of the funds available to the Depart11 ment of Defense may be obligated to modify command and 

12 control relationships to give Fleet Forces Command admin13 istrative and operational control of U.S. Navy forces as14 signed to the Pacific fleet: Provided, That the command and 

15 control relationships which existed on October 1, 2004, shall 

16 remain in force unless changes are specifically authorized 

17 in a subsequent Act. 

18 SEC. 8096. (a) At the time members of reserve compo19 nents of the Armed Forces are called or ordered to active 

20 duty under section 12302(a) of title 10, United States Code, 

21 each member shall be notified in writing of the expected 

22 period during which the member will be mobilized. 

23 (b) The Secretary of Defense may waive the require24 ments of subsection (a) in any case in which the Secretary 

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1 tional security emergency or to meet dire operational re2 quirements of the Armed Forces. 

3 (TRANSFER OF FUNDS)

4 SEC. 8097. The Secretary of Defense may transfer 

5 funds from any currently available Department of the Navy 

6 appropriation to any available Navy shipbuilding and con7 version appropriation for the purpose of funding ship8 building cost increases for any ship construction program, 

9 to be merged with and to be available for the same purposes 

10 and for the same time period as the appropriation to which 

11 transferred: Provided, That all transfers under this section 

12 shall be subject to the notification requirements applicable 

13 to transfers under section 8005 of this Act. 

14 SEC. 8098. (a) The total amount appropriated or oth15 erwise made available in title II of this Act is hereby re16 duced by $85,000,000 to limit excessive growth in the travel 

17 and transportation of persons. 

18 (b) The Secretary of Defense shall allocate this reduc19 tion proportionately to each budget activity, activity group, 

20 subactivity group, and each program, project, and activity 

21 within each applicable appropriation account. 

22 SEC. 8099. In addition to funds made available else23 where in this Act, $5,500,000 is hereby appropriated and 

24 shall remain available until expended to provide assistance, 

25 by grant or otherwise (such as, but not limited to, the provi26 sion of funds for repairs, maintenance, construction, and/ 


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1 or for the purchase of information technology, text books, 

2 teaching resources), to public schools that have unusually 

3 high concentrations of special needs military dependents en4 rolled: Provided, That in selecting school systems to receive 

5 such assistance, special consideration shall be given to 

6 school systems in States that are considered overseas assign7 ments, and all schools within these school systems shall be 

8 eligible for assistance: Provided further, That up to 2 per9 cent of the total appropriated funds under this section shall 

10 be available to support the administration and execution 

11 of the funds or program and/or events that promote the pur12 pose of this appropriation (e.g. payment of travel and per 

13 diem of school teachers attending conferences or a meeting 

14 that promotes the purpose of this appropriation and/or con15 sultant fees for on-site training of teachers, staff, or Joint 

16 Venture Education Forum (JVEF) Committee members): 

17 Provided further, That up to $2,000,000 shall be available 

18 for the Department of Defense to establish a non-profit trust 

19 fund to assist in the public-private funding of public school 

20 repair and maintenance projects, or provide directly to 

21 non-profit organizations who in return will use these mon22 ies to provide assistance in the form of repair, maintenance, 

23 or renovation to public school systems that have high con24 centrations of special needs military dependents and are lo25 cated in States that are considered overseas assignments: 


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1 Provided further, That to the extent a Federal agency pro2 vides this assistance, by contract, grant, or otherwise, it 

3 may accept and expend non-Federal funds in combination 

4 with these Federal funds to provide assistance for the au5 thorized purpose, if the non-Federal entity requests such as6 sistance and the non-Federal funds are provided on a reim7 bursable basis. 

8 SEC. 8100. The Secretary of the Air Force is author9 ized, using funds available under the heading ‘‘Operation 

10 and Maintenance, Air Force’’, to complete a phased repair 

11 project, which repairs may include upgrades and additions, 

12 to the infrastructure of the operational ranges managed by 

13 the Air Force in Alaska: Provided, That the total cost of 

14 such phased projects shall not exceed $50,000,000. 

15 SEC. 8101. For purposes of section 612 of title 41, 

16 United States Code, any subdivision of appropriations 

17 made under the heading ‘‘Shipbuilding and Conversion, 

18 Navy’’ that is not closed at the time reimbursement is made 

19 shall be available to reimburse the Judgment Fund and 

20 shall be considered for the same purposes as any subdivision 

21 under the heading ‘‘Shipbuilding and Conversion, Navy’’ 

22 appropriations in the current fiscal year or any prior fiscal 

23 year. 

24 SEC. 8102. (a) None of the funds appropriated by this 

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1 quisition, or other program authority relating to current 

2 tactical unmanned aerial vehicles (TUAVs) from the Army. 

3 (b) The Army shall retain responsibility for and oper4 ational control of the Extended Range Multi-Purpose 

5 (ERMP) Unmanned Aerial Vehicle (UAV) in order to sup6 port the Secretary of Defense in matters relating to the em7 ployment of unmanned aerial vehicles. 

8 SEC. 8103. Of the funds provided in this Act, 

9 $10,000,000 shall be available for the operations and devel10 opment of training and technology for the Joint Inter11 agency Training Center-East and the affiliated Center for 

12 National Response at the Memorial Tunnel and for pro13 viding homeland defense/security and traditional 

14 warfighting training to the Department of Defense, other 

15 Federal agency, and State and local first responder per16 sonnel at the Joint Interagency Training Center-East. 

17 SEC. 8104. The authority to conduct a cooperative pro18 gram in the proviso in title II of Public Law 102–368 

19 under the heading ‘‘Research, Development, Test and Eval20 uation, Defense Agencies’’ (106 Stat. 1121) shall be ex21 tended through September 30, 2008. 

22 SEC. 8105. Up to $10,000,000 of the funds appro23 priated under the heading, ‘‘Operation and Maintenance, 

24 Navy’’ may be made available for the Asia Pacific Regional 

25 Initiative Program for the purpose of enabling the Pacific 


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1 Command to execute Theater Security Cooperation activi2 ties such as humanitarian assistance, and payment of in3 cremental and personnel costs of training and exercising 

4 with foreign security forces: Provided, That funds made 

5 available for this purpose may be used, notwithstanding 

6 any other funding authorities for humanitarian assistance, 

7 security assistance or combined exercise expenses: Provided 

8 further, That funds may not be obligated to provide assist9 ance to any foreign country that is otherwise prohibited 

10 from receiving such type of assistance under any other pro11 vision of law. 

12 SEC. 8106. The Secretary of Defense may present pro13 motional materials, including a United States flag, to any 

14 member of an Active or Reserve component under the Sec15 retary’s jurisdiction who, as determined by the Secretary, 

16 participates in Operation Enduring Freedom or Operation 

17 Iraqi Freedom, along with other recognition items in con18 junction with any week-long national observation and day 

19 of national celebration, if established by Presidential proc20 lamation, for any such members returning from such oper21 ations. 

22 SEC. 8107. Notwithstanding any other provision of 

23 this Act, to reflect savings from revised economic assump24 tions the total amount appropriated in title II of this Act 

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1 priated in title III of this Act is hereby reduced by 

2 $331,600,000, the total amount appropriated in title IV of 

3 this Act is hereby reduced by $317,000,000, the total 

4 amount appropriated in title V of this Act is hereby reduced 

5 by $9,700,000, and the total amount appropriated in title 

6 VI of this Act is hereby reduced by $93,700,000: Provided, 

7 That the Secretary of Defense shall allocate this reduction 

8 proportionally to each budget activity, activity group, sub9 activity group, and each program, project, and activity, 

10 within each appropriation account. 

11 SEC. 8108. (a) LIMITATION ON RETIREMENT PENDING

12 REPORTON BOMBER FORCE STRUCTURE.—No funds ap13 propriated for the Department of Defense may be obligated 

14 or expended for retiring or dismantling any of the 93 B– 

15 52H bomber aircraft in service in the Air Force as of June 

16 1, 2006, until 30 days after the Secretary of the Air Force 

17 transmits to the congressional defense committees a report 

18 on the bomber force structure of the Air Force meeting the 

19 requirements of subsection (b). 

20 (b) ELEMENTS.—The report under subsection (a) shall 

21 set forth the following: 

22 (1) The plan of the Air Force for the moderniza23 tion of the B–52H bomber aircraft fleet. 

24 (2) The plans of the Air Force for the moderniza25 tion of the balance of the bomber force structure. 


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1 (3) The amount and type of bombers in the 

2 bomber force structure that is appropriate to meet the 

3 requirements of the national security strategy of the 

4 United States. 

5 (4) An analysis and justification of the cost and 

6 projected savings of any reductions to the B–52H 

7 bomber fleet as a result of the retirement or dis8 mantlement of the B–52H bomber aircraft covered by 

9 the report. 

10 (5) The current assessments for the useful life of 

11 each of the bomber aircraft in the Air Force inventory 

12 under the Aircraft Structural Integrity Program, any 

13 flight restrictions against each of the bomber aircraft 

14 in the Air Force inventory, and an analysis of any 

15 funding required for modifications designed to correct 

16 a problem that threatens grounding all or a portion 

17 of that aircraft fleet. 

18 (6) The date by which any new bomber aircraft 

19 must reach initial operational capability and the ca20 pabilities of the bomber force structure that would be 

21 replaced or superseded by any new bomber aircraft. 

22 (7) An assessment of the likelihood that the devel23 opment of a new bomber aircraft will meet the cur24 rent schedule of reaching initial operational capa25 bility by 2018. 


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1 (8) An assessment of the risk to national security 

2 of retiring a substantial portion of our bomber fleet, 

3 including a consideration of the additional risk if the 

4 development of a new bomber aircraft does not meet 

5 the current schedule of reaching initial operational 

6 capability by 2018. 

7 (c) PREPARATION OF REPORT.—A report under this 

8 section shall be prepared and submitted by the Institute of 

9 Defense Analysis to the Secretary of the Air Force for trans10 mittal by the Secretary in accordance with subsection (a). 

11 (d) FORM.—The report under subsection (a) shall be 

12 in unclassified form, but may include a classified annex. 

13 SEC. 8109. Not later than December 31, 2006, the Sec14 retary of Defense shall submit to the congressional defense 

15 committees a report setting forth the assessment of the Sec16 retary regarding the Depleted Uranium Sensing and Treat17 ment for Removal program of the Department of Defense. 

18 SEC. 8110. Of the amount appropriated or otherwise 

19 made available by title III under the heading ‘‘OTHER PRO20 CUREMENT, ARMY’’, up to $2,600,000 may be available for 

21 the Virtual Interactive Combat Environment for the New 

22 Jersey National Guard. 

23 SEC. 8111. Of the amount appropriated or otherwise 

24 made available by title III under the heading ‘‘OTHER PRO25 CUREMENT, NAVY’’, up to $3,000,000 may be available for 


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1 the Man Overboard Identification System (MOBI) pro2 gram. 

3 SEC. 8112. PROHIBITION ON PAYMENTOF AWARD

4 FEES TO DEFENSE CONTRACTORS IN CASES OF CONTRACT

5 NON-PERFORMANCE.—None of the funds appropriated or 

6 otherwise made available by this Act may be obligated or 

7 expended to provide award fees to any defense contractor 

8 for performance that does not meet the requirements of the 

9 contract. 

10 SEC. 8113. Of the amount appropriated or otherwise 

11 made available by title II under the heading ‘‘OPERATION

12 AND MAINTENANCE, AIR FORCE’’, up to $10,000,000 may 

13 be available to provide the United States Northern Com14 mand with an interoperable mobile wireless communica15 tions capability to effectively communicate with Federal, 

16 State, and local authorities. 

17 SEC. 8114. Of the amount appropriated or otherwise 

18 made available by title IV under the heading ‘‘RESEARCH, 

19 DEVELOPMENT, TESTAND EVALUATION, NAVY’’, up to 

20 $2,000,000 may be available for the Advanced Airship Fly21 ing Laboratory. 

22 SEC. 8115. Of the amount appropriated by title IV 

23 under the heading ‘‘RESEARCH, DEVELOPMENT, TESTAND

24 EVALUATION, ARMY’’, up to $2,000,000 may be available 

25 for support of design enhancements and continued testing 


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1 of the Para foil Joint Precision Air Drop System (JPADS) 

2 design parachute system for the drop of 5-ton and 15-ton 

3 loads to precise locations from high altitude and greater off4 set distance. 

5 SEC. 8116. Of the amount appropriated or otherwise 

6 made available by title IV under the heading ‘‘RESEARCH, 

7 DEVELOPMENT, TESTAND EVALUATION, AIR FORCE’’, up 

8 to $6,000,000 may be available for Military-Standard-1760 

9 (MIL–STD 1760) integration for the internal weapons bays 

10 of B–52 aircraft. 

11 SEC. 8117. Notwithstanding the first section of Public 

12 Law 85–804 (50 U.S.C. 1431), in the event a notice on the 

13 modification of a contract described in that section is sub14 mitted to the Committees on Armed Services of the Senate 

15 and the House of Representatives by the Army Contract Ad16 justment Board during the period beginning on July 28, 

17 2006, and ending on the date of the adjournment of the 

18 109th Congress sine die, such contract may be modified in 

19 accordance with such notice commencing on the earlier of— 

20 (1) the date that is 60 calendar days after the 

21 date of such notice; or 

22 (2) the date of the adjournment of the 109th Con23 gress sine die. 

24 SEC. 8118. From funds available in this Act, an addi25 tional $6,700,000,000 may be available to fund equipment 


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1 reset requirements resulting from continuing combat oper2 ations, including repair, depot, and procurement activities. 

3 SEC. 8119. (a) INTERIM REPORTON MANAGEMENTOF

4 BIOMETRICS PROGRAM.—Not later than September 8, 2006, 

5 the Secretary of Defense shall submit to the congressional 

6 defense committees an interim report on the management 

7 of the biometrics program of the Department of Defense. 

8 (b) FINAL REPORT.—Not later than October 15, 2006, 

9 the Secretary shall submit to the congressional defense com10 mittees a final report on the management of the biometrics 

11 program of the Department of Defense. 

12 (c) REPORT ELEMENTS.—Each report under this sec13 tion shall include, current as of the date of such report, the 

14 following: 

15 (1) A detailed description of the recommenda16 tions of the Defense Science Board regarding the 

17 management of the biometrics program of the Depart18 ment of Defense. 

19 (2) Such recommendations as the Defense 

20 Science Board considers appropriate regarding 

21 changes of mission for the existing biometrics support 

22 officers. 

23 SEC. 8120. (a) JOINT ADVERTISING, MARKET RE24 SEARCH AND STUDIES PROGRAM.—Of the amount appro25 priated or otherwise made available by title II under the 


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1 heading ‘‘OPERATION AND MAINTENANCE, DEFENSE2 WIDE’’, up to $7,500,000 may be available for the Joint 

3 Advertising, Market Research and Studies (JAMRS) pro4 gram. 

5 (b) SUPPLEMENT NOT SUPPLANT.—The amount avail6 able under subsection (a) for the program referred to in that 

7 subsection is in addition to any other amounts available 

8 in this Act for that program. 

9 SEC. 8121. Of the amount appropriated or otherwise 

10 made available by title II under the heading ‘‘OPERATION

11 AND MAINTENANCE, ARMY’’, up to $500,000 may be avail12 able for the United States Army Center of Military History 

13 to support a traveling exhibit on military experience in 

14 World War II. 

15 SEC. 8122. Of the amount appropriated or otherwise 

16 made available by title IV under the heading ‘‘RESEARCH, 

17 DEVELOPMENT, TESTAND EVALUATION, ARMY’’, up to 

18 $1,000,000 may be available for environmental manage19 ment and compliance information. 

20 SEC. 8123. The Secretary of Defense shall submit to 

21 the congressional defense committees, at the same time the 

22 budget of the President for fiscal year 2008 is submitted 

23 to Congress pursuant to section 1105(a) of title 31, United 

24 States Code, a report setting forth the following: 


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1 (1) A plan to procure medical countermeasures 

2 for purposes of treating forward deployed members of 

3 the Armed Forces against the lethal effects of acute ra4 diation syndrome, including neutropenia and 

5 thrombocytopenia. 

6 (2) An identification of the countermeasures re7 quired to protect members of the Armed Forces in the 

8 event of a nuclear or bioterrorist attack. 

9 (3) A plan for the forward deployment of the 

10 countermeasures identified under paragraph (2), in11 cluding an assessment of the costs associated with im12 plementing such plan. 

13 SEC. 8124. Of the amount appropriated or otherwise 

14 made available by title IV under the heading ‘‘RESEARCH, 

15 DEVELOPMENT, TESTAND EVALUATION, AIR FORCE’’, up 

16 to $1,500,000 may be available for Commercialization and 

17 Industrialization of Adaptive Optics (PE #0602890F). 

18 SEC. 8125. Of the amount appropriated or otherwise 

19 made available by title IV under the heading ‘‘RESEARCH, 

20 DEVELOPMENT, TESTAND EVALUATION, NAVY’’ up to 

21 $1,000,000 may be available for an integrated, low-cost, 

22 low-power Multibeam Side Scan Sonar System for Un23 manned Underwater Vehicles (UUVs). 

24 SEC. 8126. Of the amount appropriated or otherwise 

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1 MENTOF AMMUNITION, AIR FORCE’’, up to $5,000,000 may 

2 be available for the procurement of Radiation Hardened 

3 Microelectronics (HX5000). 

4 SEC. 8127. Of the amount appropriated or otherwise 

5 made available by title IV under the heading ‘‘RESEARCH, 

6 DEVELOPMENT, TESTAND EVALUATION, AIR FORCE’’, up 

7 to $4,000,000 may be available for the Transportable 

8 Transponder Landing System. 

9 SEC. 8128. Of the amount appropriated or otherwise 

10 made available by title II under the heading ‘‘OPERATION

11 AND MAINTENANCE, MARINE CORPS RESERVE’’, up to 

12 $3,500,000 may be available for the Individual First Aid 

13 Kit (IFAK). 

14 SEC. 8129. Of the amount appropriated or otherwise 

15 made available by title IV under the heading ‘‘RESEARCH, 

16 DEVELOPMENT, TESTAND EVALUATION, ARMY’’, up to 

17 $8,000,000 may be available for the Advanced Tank Arma18 ment System. 

19 SEC. 8130. Of the amount appropriated or otherwise 

20 made available by title IV under the heading ‘‘RESEARCH, 

21 DEVELOPMENT, TESTAND EVALUATION, ARMY’’, up to 

22 $1,000,000 may be available for the development of a Light23 weight All Terrain Vehicle (LATV). 

24 SEC. 8131. Of the amount appropriated or otherwise 

25 made available by title VI under the heading ‘‘DEFENSE


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1 HEALTH PROGRAM’’, up to $500,000 may be available for 

2 a pilot program on troops to nurse teachers. 

3 SEC. 8132. The aggregate amount available in this Act 

4 for expenses of the Department of Defense relating to con5 ferences in fiscal year 2007, including expenses relating to 

6 conference programs, staff, travel costs, and other conference 

7 matters, may not exceed $70,000,000. 

8 SEC. 8133. (a) POSTING OF CERTAIN REPORTS ON DE9 PARTMENT OF DEFENSE INTERNET WEBSITE.—Each re10 port described in subsection (b) shall be posted on the Inter11 net website of the Department of Defense for the public not 

12 later than 48 hours after the submittal of such report to 

13 Congress. 

14 (b) COVERED REPORTS.—The reports described in this 

15 subsection are the reports as follows: 

16 Each report required by a provision of this Act to be 

17 submitted by the Department of Defense to the Committees 

18 on Appropriations of the Senate and the House of Rep19 resentatives. 

20 (c) REDACTION OF CERTAIN INFORMATION.—In post21 ing a report on the Internet website of the Department 

22 under subsection (a), the Secretary of Defense may redact 

23 any information whose release to the public would, as deter24 mined by the Secretary, compromise the national security 

25 of the United States. 


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1 SEC. 8134. Not later than 90 days after the date of 

2 the enactment of this Act, the Secretary of Defense shall 

3 with regard to payments made with funds provided by this 

4 Act submit to the congressional defense committees and the 

5 Committee on Homeland Security and Governmental Af6 fairs of the Senate and the Committee on Government Re7 form of the House of Representatives a report— 

8 (1) describing risk assessments performed by the 

9 Department of Defense on payments made by the De10 partment for travel, as required under section 2 of the 

11 Improper Payments Information Act of 2002 (Public 

12 Law 107–300; 31 U.S.C. 3321 note); 

13 (2) including an estimate, using statistically 

14 valid methods, of improper payments for travel that 

15 have been processed by the Defense Finance and Ac16 counting Service (DFAS); and 

17 (3) including an explanation that the methods 

18 used to perform risk assessments are statistically 

19 valid in accordance with Office of Management and 

20 Budget Memorandum 30–13 issued pursuant to the 

21 Improper Payments Information Act of 2002 (Public 

22 Law 107–300; 31 U.S.C. 3321 note). 

23 SEC. 8135. Of the amount appropriated or otherwise 

24 made available by title IV under the heading ‘‘RESEARCH, 

25 DEVELOPMENT, TESTAND EVALUATION, NAVY’’, up to 


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1 $2,500,000 may be available for the Wireless Maritime In2 spection System as part of the Smartship Wireless Project 

3 of the Navy. 

4 SEC. 8136. Of the amount appropriated in title IV 

5 under the heading ‘‘RESEARCH, DEVELOPMENT, TESTAND

6 EVALUATION, ARMY’’, up to $5,000,000 may be made avail7 able for the Virtual Training and Airspace Management 

8 Simulation for Unmanned Aerial Vehicles. 

9 SEC. 8137. Of the amount appropriated or otherwise 

10 made available by title IV under the heading ‘‘RESEARCH, 

11 DEVELOPMENT, TESTAND EVALUATION, DEFENSE-WIDE’’, 

12 up to $3,000,000 may be available for Small and Medium 

13 Caliber Recoil Mitigation Technologies (PE #1160402BB). 

14 SEC. 8138. Of the amount appropriated or otherwise 

15 made available by title IV under the heading ‘‘RESEARCH, 

16 DEVELOPMENT, TESTAND EVALUATION, ARMY’’, up to 

17 $1,000,000 may be available for the Automated Commu18 nications Support System for WARFIGHTERS, Intel19 ligence Community, Linguists, and Analysts. 

20 SEC. 8139. No funds appropriated or otherwise made 

21 available by this Act may be used by the Government of 

22 the United States to enter into an agreement with the Gov23 ernment of Iraq that would subject members of the Armed 

24 Forces of the United States to the jurisdiction of Iraq crimi25 nal courts or punishment under Iraq law. 


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1 SEC. 8140. (a) REPORTS TO CONGRESS AND NOTICE

2 TO PUBLIC ON EARMARKS IN FUNDS AVAILABLE TO THE

3 DEPARTMENT OF DEFENSE.—The Secretary of Defense 

4 shall submit to Congress, and post on the Internet website 

5 of the Department of Defense available to the public, infor6 mation as follows: 

7 (1) A description of each earmark of funds made 

8 available to the Department of Defense by this Act, 

9 including the location (by city, State, country, and 

10 congressional district if relevant) in which the ear11 marked funds are to be utilized, the purpose of such 

12 earmark (if known), and the recipient of such ear13 mark. 

14 (2) The total cost of administering each such ear15 mark including the amount of such earmark, staff 

16 time, administrative expenses, and other costs. 

17 (3) The total cost of administering all such ear18 marks. 

19 (4) An assessment of the utility of each such ear20 mark in meeting the goals of the Department, set 

21 forth using a rating system as follows: 

22 (A) A for an earmark that directly advances 

23 the primary goals of the Department or an agen24 cy, element, or component of the Department. 


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1 (B) B for an earmark that advances many 

2 of the primary goals of the Department or an 

3 agency, element, or component of the Depart4 ment. 

5 (C) C for an earmark that may advance 

6 some of the primary goals of the Department or 

7 an agency, element, or component of the Depart8 ment. 

9 (D) D for an earmark that cannot be dem10 onstrated as being cost-effective in advancing the 

11 primary goals of the Department or any agency, 

12 element, or component of the Department. 

13 (E) F for an earmark that distracts from or 

14 otherwise impedes that capacity of the Depart15 ment to meet the primary goals of the Depart16 ment. 

17 (b) EARMARK DEFINED.—In this section, the term 

18 ‘‘earmark’’ means a provision of law, or a directive con19 tained within a joint explanatory statement or report ac20 companying a conference report or bill (as applicable), that 

21 specifies the identity of an entity, program, project, or serv22 ice, including a defense system, to receive assistance not re23 quested by the President and the amount of the assistance 

24 to be so received. 


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1 SEC. 8141. Of the amount appropriated or otherwise 

2 made available by title IV under the heading ‘‘RESEARCH, 

3 DEVELOPMENT, TESTAND EVALUATION, ARMY’’, up to 

4 $1,000,000 may be available for Program Element 

5 0602787A for blast protection research. 

6 SEC. 8142. Of the amount appropriated or otherwise 

7 made available by title IV under the heading ‘‘RESEARCH, 

8 DEVELOPMENT, TESTAND EVALUATION, ARMY’’, up to 

9 $10,000,000 may be available for the Combat Support Hos10 pital-Mobile Support Hospital. 

11 SEC. 8143. Of the amounts available for the activity 

12 described on pages 149 through 159 of Volume VI, Book I 

13 of the Fiscal Year 2007 Congressional Budget Justification 

14 Book of the Intelligence Community, up to $8,000,000 may 

15 be available for personnel for that activity. 

16 SEC. 8144. None of the funds appropriated or other17 wise made available by this Act may be obligated or ex18 pended by the United States Government for a purpose as 

19 follows: 

20 (1) To establish any military installation or base 

21 for the purpose of providing for the permanent sta22 tioning of United States Armed Forces in Iraq. 

23 (2) To exercise United States control over any 

24 oil resource of Iraq. 


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1 SEC. 8145. Of the amount appropriated by title IV 

2 under the heading ‘‘RESEARCH, DEVELOPMENT, TESTAND

3 EVALUATION, ARMY’’, up to $10,000,000 may be available 

4 for experimentation and refinement of tactics and doctrine 

5 in the use of the Class IV unmanned aerial vehicles and 

6 ground stations associated with such vehicles. 

7 SEC. 8146. Of the amount appropriated by title IV 

8 under the heading ‘‘RESEARCH, DEVELOPMENT, TESTAND

9 EVALUATION, ARMY’’, up to $10,000,000 may be available 

10 for Combat Vehicle and Automotive Technology. 

11 SEC. 8147. Of the amount appropriated or otherwise 

12 made available by title III under the heading ‘‘SHIP13 BUILDING AND CONVERSION, NAVY’’, up to $10,000,000 may 

14 be available for the Carrier Replacement Program for ad15 vance procurement of nuclear propulsion equipment. 

16 SEC. 8148. (a) Except as provided in subsection (b), 

17 the Secretary of the Air Force shall, not later than March 

18 31, 2007, submit to the congressional defense committees a 

19 cost-benefit analysis of significant proposed realignments or 

20 closures of research and development or test and evaluation 

21 installations, activities, facilities, laboratories, units, func22 tions, or capabilities of the Air Force. The analysis shall 

23 include an evaluation of missions served and alternatives 

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1 erations associated with each such proposed realignment or 

2 closure. 

3 (b) The requirement under subsection (a) does not 

4 apply to realignment and closure activities carried out in 

5 accordance with the final recommendations of the Defense 

6 Base Closure and Realignment Commission under the 2005 

7 round of defense base closure and realignment. 

8 SEC. 8149. (a) Of the amount appropriated or other9 wise made available by title II under the heading ‘‘OPER10 ATION AND MAINTENANCE, DEFENSE-WIDE’’, up to 

11 $2,000,000 may be available for the Office of Economic Ad12 justment of the Department of Defense to conduct a traffic 

13 study on the improvements that are required to be carried 

14 out to the transportation infrastructure around Fort 

15 Belvoir, Virginia, to accommodate the increase in the work16 force located on and around Fort Belvoir resulting from de17 cisions implemented under the 2005 round of defense base 

18 closure and realignment. The study shall incorporate the 

19 input of the Virginia Department of Transportation and 

20 other State and local governments and agencies. 

21 (b) Not later than one year after the date of the enact22 ment of this Act, the Secretary of Defense shall submit to 

23 the congressional defense committees a report on the study 

24 conducted under subsection (a), including a cost estimate 

25 for such improvements and the funding sources, including 


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1 the Defense Access Road Program, proposed for such im2 provements. 

3 SEC. 8150. Of the amount appropriated or otherwise 

4 made available by title III under the heading ‘‘PROCURE5 MENT, DEFENSE-WIDE’’, up to $12,600,000 may be avail6 able for the completion of the final phase of the activity 

7 described on pages 337 through 339 of Volume II of Book 

8 1 of the Fiscal Year 2007 Congressional Budget Justifica9 tion Book of a component of the intelligence community. 

10 SEC. 8151. Of the amount appropriated or otherwise 

11 made available by title IV under the heading ‘‘RESEARCH, 

12 DEVELOPMENT, TESTAND EVALUATION, ARMY’’, 

13 $1,000,000 may be available for the Portable Battery Oper14 ated Solid-State Electrochemical Oxygen Generator project 

15 for the purpose of developing a field-portable oxygen genera16 tion device to enable the quick administration of oxygen to 

17 members of the Armed Forces wounded in action. 

18 SEC. 8152. Of the amount appropriated or otherwise 

19 made available by title IV under the heading ‘‘RESEARCH, 

20 DEVELOPMENT, TESTAND EVALUATION, NAVY’’, up to 

21 $1,000,000 may be available for Energy Regeneration and 

22 Conversion Fuel Cell Systems to address Navy Unmanned 

23 Underwater Vehicle requirements. 

24 SEC. 8153. ROYALTY RELIEF FOR PRODUCTION OF OIL

25 AND GAS.—(a) PRICE THRESHOLDS.—Notwithstanding 


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1 any other provision of law, the Secretary of the Interior 

2 shall place limitations based on market price on the royalty 

3 relief granted under any lease for the production of oil or 

4 natural gas on Federal land (including submerged land) 

5 entered into by the Secretary of the Interior on or after the 

6 date of enactment of this Act. 

7 (b) CLARIFICATION OF AUTHORITY TO IMPOSE PRICE

8 THRESHOLDS FOR CERTAIN LEASE SALES.—Congress reaf9 firms the authority of the Secretary of the Interior under 

10 section 8(a)(1)(H) of the Outer Continental Shelf Lands Act 

11 (43 U.S.C. 1337(a)(1)(H)) to vary, based on the price of 

12 production from a lease, the suspension of royalties under 

13 any lease subject to section 304 of the Outer Continental 

14 Shelf Deep Water Royalty Relief Act (Public Law 104–58; 

15 43 U.S.C. 1337 note). 

16 SEC. 8154. Of the amount appropriated or otherwise 

17 made available by title IV under the heading ‘‘RESEARCH, 

18 DEVELOPMENT, TESTAND EVALUATION, ARMY’’, up to 

19 $1,000,000 may be available for Program Element 

20 0602105A for Thermoplastic Composite Body Armor re21 search. 

22 SEC. 8155. Of the amount appropriated or otherwise 

23 made available by title II under the heading ‘‘OPERATION

24 AND MAINTENANCE, ARMY NATIONAL GUARD’’, up to 


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1 $7,500,000 may be available to renovate and repair existing 

2 barracks at Camp Perry, Port Clinton, Ohio. 

3 SEC. 8156. Of the amount appropriated or otherwise 

4 made available by title IV under the heading ‘‘RESEARCH, 

5 DEVELOPMENT, TESTAND EVALUATION, ARMY’’, up to 

6 $3,000,000 may be available for Weapons and Munitions 

7 Advanced Technology (PE #603004A) for Advanced 

8 Switching and Cooling Concepts for Electromagnetic Gun 

9 Applications. 

10 SEC. 8157. Of the amount appropriated by title IX 

11 under the heading ‘‘OPERATION AND MAINTENANCE, DE12 FENSE-WIDE’’, up to $5,000,000 may be used for commu13 nity-based programs that provide mental health and read14 justment assistance to members of the National Guard and 

15 Reserve and their families on their return from deployment. 

16 SEC. 8158. Of the amount appropriated or otherwise 

17 made available by title II under the heading ‘‘OPERATION

18 AND MAINTENANCE, NAVY’’, up to $3,000,000 may be avail19 able to the Navy to fund improvements to physical security 

20 at Navy recruiting stations and to improve data security. 

21 SEC. 8159. Of the amount appropriated or otherwise 

22 made available by title VI under the heading ‘‘DEFENSE

23 HEALTH PROGRAM’’, $19,000,000 shall be available for the 

24 Defense and Veterans Brain Injury Center. 


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1 SEC. 8160. (a) ADDITIONAL AMOUNTFOR DRUG

2 INTERDICTION AND COUNTER-DRUG ACTIVITIES.—The 

3 amount appropriated by title VI under the heading ‘‘DRUG

4 INTERDICTION AND COUNTER-DRUG ACTIVITIES’’ is hereby 

5 increased by $700,000,000, with the amount of the increase 

6 designated as an emergency requirement pursuant to sec7 tion 402 of S. Con. Res. 83 (109th Congress), the concurrent 

8 resolution on the budget for fiscal year 2007, as made appli9 cable in the Senate by section 7035 of Public Law 109– 

10 234. 

11 (b) AVAILABILITY.—Of the amount appropriated or 

12 otherwise made available by title VI under the heading 

13 ‘‘DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES’’, 

14 as increased by subsection (a), up to an additional 

15 $700,000,000 may be available to combat the growth of pop16 pies in Afghanistan, to eliminate the production and trade 

17 of opium and heroin, and to prevent terrorists from using 

18 the proceeds for terrorist activities in Afghanistan, Iraq, 

19 and elsewhere. 

20 (c) SUPPLEMENT NOT SUPPLANT.—The amount avail21 able under subsection (b) for the purpose set forth in that 

22 subsection is in addition to any other amounts available 

23 in this Act for that purpose. 

24 SEC. 8161. Of the amounts appropriated or otherwise 

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1 able for infrastructure for the Afghanistan military legal 

2 system. 

3 SEC. 8162. Of the amount appropriated or otherwise 

4 made available by title III under the heading ‘‘OTHER PRO5 CUREMENT, ARMY’’, up to $1,500,000 may be available for 

6 a Convoy Training Simulator for the Montana Army Na7 tional Guard. 

8 SEC. 8163. Of the amount appropriated or otherwise 

9 made available by title IV under the heading ‘‘RESEARCH, 

10 DEVELOPMENT, TESTAND EVALUATION, NAVY’’, up to 

11 $300,000 may be available for independent testing of the 

12 Joint Improvised Explosive Device Neutralizer III, with 

13 such test to be designed and conducted by the Marine Corps 

14 Warfighting Laboratory. 

15 SEC. 8164. Of the amount appropriated or otherwise 

16 made available by title IV under the heading ‘‘RESEARCH, 

17 DEVELOPMENT, TESTAND EVALUATION, DEFENSE-WIDE’’, 

18 up to $1,500,000 may be available for the development of 

19 a field-deployable hydrogen fueling station. 

20 SEC. 8165. Of the amount appropriated or otherwise 

21 made available by title IV under the heading ‘‘RESEARCH, 

22 DEVELOPMENT, TESTAND EVALUATION, DEFENSE-WIDE’’, 

23 up to $6,000,000 may be available for bioterrorism protec24 tion research (PE #0601384BP). 


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1 SEC. 8166. Notwithstanding any other provision of 

2 law, the Secretary of the Army may reimburse a member 

3 for expenses incurred by the member or family member 

4 when such expenses are otherwise not reimbursable under 

5 law: Provided, That such expenses must have been incurred 

6 in good faith as a direct consequence of reasonable prepara7 tion for, or execution of, military orders: Provided further, 

8 That reimbursement under this section shall be allowed only 

9 in situations wherein other authorities are insufficient to 

10 remedy a hardship determined by the Secretary, and only 

11 when the Secretary determines that reimbursement of the 

12 expense is in the best interest of the member and the United 

13 States: Provided further, That this provision shall only 

14 apply to soldiers assigned to the 172nd Stryker Brigade 

15 Combat Team. 

16 SEC. 8167. Of the amount appropriated or otherwise 

17 made available by title IV under the heading ‘‘RESEARCH, 

18 DEVELOPMENT, TESTAND EVALUATION, DEFENSE-WIDE’’ 

19 for DARPA Management Headquarters, up to $1,000,000 

20 may be available for the Heavy Fuel Diesel Engine (PE 

21 #0603286E). 


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1 TITLE IX 

2 ADDITIONAL APPROPRIATIONS 

3 CHAPTER 1 

4 MILITARY PERSONNEL 

5 MILITARY PERSONNEL, ARMY

6 For an additional amount for ‘‘Military Personnel, 

7 Army’’, $5,054,502,000. 

8 MILITARY PERSONNEL, NAVY

9 For an additional amount for ‘‘Military Personnel, 

10 Navy’’, $114,500,000. 

11 MILITARY PERSONNEL, MARINE CORPS

12 For an additional amount for ‘‘Military Personnel, 

13 Marine Corps’’, $142,320,000. 

14 MILITARY PERSONNEL, AIR FORCE

15 For an additional amount for ‘‘Military Personnel, 

16 Air Force’’, $129,000,000. 

17 RESERVE PERSONNEL, ARMY

18 For an additional amount for ‘‘Reserve Personnel, 

19 Army’’, $90,910,000. 

20 RESERVE PERSONNEL, MARINE CORPS

21 For an additional amount for ‘‘Reserve Personnel, Ma22 rine Corps’’, $15,420,000. 

23 NATIONAL GUARD PERSONNEL, ARMY

24 For an additional amount for ‘‘National Guard Per25 sonnel, Army’’, $214,100,000. 


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1 CHAPTER 2 

2 OPERATION AND MAINTENANCE 

3 OPERATION AND MAINTENANCE, ARMY

4 For an additional amount for ‘‘Operation and Mainte5 nance, Army’’, $24,037,232,000. 

6 OPERATION AND MAINTENANCE, NAVY

7 (INCLUDING TRANSFER OF FUNDS)

8 For an additional amount for ‘‘Operation and Mainte9 nance, Navy’’, $1,284,172,000: Provided, That up to 

10 $90,000,000 shall be transferred to the Coast Guard ‘‘Oper11 ating Expenses’’ account. 

12 OPERATION AND MAINTENANCE, MARINE CORPS

13 For an additional amount for ‘‘Operation and Mainte14 nance, Marine Corps’’, $1,809,466,000. 

15 OPERATION AND MAINTENANCE, AIR FORCE

16 For an additional amount for ‘‘Operation and Mainte17 nance, Air Force’’, $1,940,553,000. 

18 OPERATION AND MAINTENANCE, DEFENSE-WIDE

19 For an additional amount for ‘‘Operation and Mainte20 nance, Defense-Wide’’, $2,383,189,000 of which up to 

21 $760,000,000, to remain available until expended, may be 

22 used for payments to reimburse Pakistan, Jordan, and 

23 other key cooperating nations, for logistical, military, and 

24 other support provided, or to be provided, to United States 

25 military operations, notwithstanding any other provision 


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1 of law: Provided, That such payments may be made in such 

2 amounts as the Secretary of Defense, with the concurrence 

3 of the Secretary of State, and in consultation with the Di4 rector of the Office of Management and Budget, may deter5 mine, in his discretion, based on documentation determined 

6 by the Secretary of Defense to adequately account for the 

7 support provided, and such determination is final and con8 clusive upon the accounting officers of the United States, 

9 and 15 days following notification to the appropriate con10 gressional committees: Provided further, That the Secretary 

11 of Defense shall provide quarterly reports to the congres12 sional defense committees on the use of funds provided in 

13 this paragraph. 

14 OPERATION AND MAINTENANCE, ARMY RESERVE

15 For an additional amount for ‘‘Operation and Mainte16 nance, Army Reserve’’, $211,600,000. 

17 OPERATION AND MAINTENANCE, NAVY RESERVE

18 For an additional amount for ‘‘Operation and Mainte19 nance, Navy Reserve’’, $8,036,000. 

20 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

21 For an additional amount for ‘‘Operation and Mainte22 nance, Air Force Reserve’’, $65,000,000. 

23 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

24 For an additional amount for ‘‘Operation and Mainte25 nance, Army National Guard’’, $2,033,100,000, which shall 


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1 be designated as an emergency pursuant to section 402 of 

2 S. Con. Res. 83 (109th Congress), the concurrent resolution 

3 on the budget for fiscal year 2007, as made applicable in 

4 the Senate by section 7035 of Public Law 109–234. 

5 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

6 For an additional amount for ‘‘Operation and Mainte7 nance, Air National Guard’’, $200,000,000. 

8 IRAQ FREEDOM FUND

9 (INCLUDING TRANSFER OF FUNDS)

10 For an additional amount for ‘‘Iraq Freedom Fund’’, 

11 $50,000,000, to remain available for transfer until Sep12 tember 30, 2008, only to support operations in Iraq or Af13 ghanistan: Provided, That the Secretary of Defense may 

14 transfer the funds provided herein to appropriations for 

15 military personnel; operation and maintenance; Overseas 

16 Humanitarian, Disaster, and Civic Aid; procurement; re17 search, development, test and evaluation; and working cap18 ital funds: Provided further, That funds transferred shall 

19 be merged with and be available for the same purposes and 

20 for the same time period as the appropriation or fund to 

21 which transferred: Provided further, That this transfer au22 thority is in addition to any other transfer authority avail23 able to the Department of Defense: Provided further, That 

24 upon a determination that all or part of the funds trans25 ferred from this appropriation are not necessary for the 


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1 purposes provided herein, such amounts may be transferred 

2 back to this appropriation: Provided further, That the Sec3 retary of Defense shall, not fewer than 5 days prior to mak4 ing transfers from this appropriation, notify the congres5 sional defense committees in writing of the details of any 

6 such transfer: Provided further, That the Secretary shall 

7 submit a report no later than 30 days after the end of each 

8 fiscal quarter to the congressional defense committees sum9 marizing the details of the transfer of funds from this ap10 propriation. 

11 AFGHANISTAN SECURITY FORCES FUND

12 (INCLUDING TRANSFER OF FUNDS)

13 For the ‘‘Afghanistan Security Forces Fund’’, 

14 $1,200,000,000, to remain available until September 30, 

15 2008: Provided, That such funds shall be available to the 

16 Secretary of Defense, notwithstanding any other provision 

17 of law, for the purpose of allowing the Commander, Office 

18 of Security Cooperation—Afghanistan, or the Secretary’s 

19 designee, to provide assistance, with the concurrence of the 

20 Secretary of State, to the security forces of Afghanistan, in21 cluding the provision of equipment, supplies, services, 

22 training, facility and infrastructure repair, renovation, 

23 and construction, and funding: Provided further, That the 

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1 eign nations: Provided further, That the Secretary of De2 fense may transfer such funds to appropriations for mili3 tary personnel; operation and maintenance; Overseas Hu4 manitarian, Disaster, and Civic Aid; procurement; re5 search, development, test and evaluation; and defense work6 ing capital funds to accomplish the purposes provided here7 in: Provided further, That this transfer authority is in ad8 dition to any other transfer authority available to the De9 partment of Defense: Provided further, That upon a deter10 mination that all or part of the funds so transferred from 

11 this appropriation are not necessary for the purposes pro12 vided herein, such amounts may be transferred back to this 

13 appropriation: Provided further, That contributions of 

14 funds for the purposes provided herein from any person, 

15 foreign government, or international organization may be 

16 credited to this Fund, and used for such purposes: Provided 

17 further, That the Secretary shall notify the congressional 

18 defense committees in writing upon the receipt and upon 

19 the transfer of any contribution delineating the sources and 

20 amounts of the funds received and the specific use of such 

21 contributions: Provided further, That the Secretary of De22 fense shall, not fewer than five days prior to making trans23 fers from this appropriation account, notify the congres24 sional defense committees in writing of the details of any 

25 such transfer: Provided further, That the Secretary shall 


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1 submit a report no later than 30 days after the end of each 

2 fiscal quarter to the congressional defense committees sum3 marizing the details of the transfer of funds from this ap4 propriation. 

5 IRAQ SECURITY FORCES FUND

6 (INCLUDING TRANSFER OF FUNDS)

7 For the ‘‘Iraq Security Forces Fund’’, $1,400,000,000, 

8 to remain available until September 30, 2008: Provided, 

9 That such funds shall be available to the Secretary of De10 fense, notwithstanding any other provision of law, for the 

11 purpose of allowing the Commander, Multi-National Secu12 rity Transition Command—Iraq, or the Secretary’s des13 ignee, to provide assistance, with the concurrence of the Sec14 retary of State, to the security forces of Iraq, including the 

15 provision of equipment, supplies, services, training, facility 

16 and infrastructure repair, renovation, and construction, 

17 and funding: Provided further, That the authority to pro18 vide assistance under this heading is in addition to any 

19 other authority to provide assistance to foreign nations: 

20 Provided further, That the Secretary of Defense may trans21 fer such funds to appropriations for military personnel; op22 eration and maintenance; Overseas Humanitarian, Dis23 aster, and Civic Aid; procurement; research, development, 

24 test and evaluation; and defense working capital funds to 

25 accomplish the purposes provided herein: Provided further, 


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1 That this transfer authority is in addition to any other 

2 transfer authority available to the Department of Defense: 

3 Provided further, That upon a determination that all or 

4 part of the funds so transferred from this appropriation are 

5 not necessary for the purposes provided herein, such 

6 amounts may be transferred back to this appropriation: 

7 Provided further, That contributions of funds for the pur8 poses provided herein from any person, foreign government, 

9 or international organization may be credited to this Fund, 

10 and used for such purposes: Provided further, That the Sec11 retary shall notify the congressional defense committees in 

12 writing upon the receipt and upon the transfer of any con13 tribution delineating the sources and amounts of the funds 

14 received and the specific use of such contributions: Provided 

15 further, That the Secretary of Defense shall, not fewer than 

16 five days prior to making transfers from this appropriation 

17 account, notify the congressional defense committees in 

18 writing of the details of any such transfer: Provided further, 

19 That the Secretary shall submit a report no later than 30 

20 days after the end of each fiscal quarter to the congressional 

21 defense committees summarizing the details of the transfer 

22 of funds from this appropriation. 


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1 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For the ‘‘Joint Improvised Explosive Device Defeat 

4 Fund’’, $1,500,000,000, to remain available until Sep5 tember 30, 2009: Provided, That such funds shall be avail6 able to the Secretary of Defense, notwithstanding any other 

7 provision of law, for the purpose of allowing the Director 

8 of the Joint Improvised Explosive Device Defeat Organiza9 tion to investigate, develop and provide equipment, sup10 plies, services, training, facilities, personnel and funds to 

11 assist United States forces in the defeat of improvised explo12 sive devices: Provided further, That within 60 days of the 

13 enactment of this Act, a plan for the intended management 

14 and use of the Fund is provided to the congressional defense 

15 committees: Provided further, That the Secretary of Defense 

16 shall submit a report not later than 30 days after the end 

17 of each fiscal quarter to the congressional defense commit18 tees providing assessments of the evolving threats, indi19 vidual service requirements to counter the threats, the cur20 rent strategy for predeployment training of members of the 

21 Armed Forces on improvised explosive devices, and details 

22 on the execution of this Fund: Provided further, That the 

23 Secretary of Defense may transfer funds provided herein to 

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1 uation; and defense working capital funds to accomplish the 

2 purpose provided herein: Provided further, That this trans3 fer authority is in addition to any other transfer authority 

4 available to the Department of Defense: Provided further, 

5 That upon determination that all or part of the funds so 

6 transferred from this appropriation are not necessary for 

7 the purpose provided herein, such amounts may be trans8 ferred back to this appropriation: Provided further, That 

9 the Secretary of Defense shall, not fewer than 5 days prior 

10 to making transfers from this appropriation, notify the con11 gressional defense committees in writing of the details of 

12 any such transfer. 

13 CHAPTER 3 

14 PROCUREMENT 

15 AIRCRAFT PROCUREMENT, ARMY

16 For an additional amount for ‘‘Aircraft Procurement, 

17 Army’’, $556,000,000, to remain available until September 

18 30, 2009. 

19 PROCUREMENTOF WEAPONS AND TRACKED COMBAT

20 VEHICLES, ARMY

21 For an additional amount for ‘‘Procurement of Weap22 ons and Tracked Combat Vehicles, Army’’, $1,048,280,000, 

23 to remain available until September 30, 2009. 


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1 OTHER PROCUREMENT, ARMY

2 For an additional amount for ‘‘Other Procurement, 

3 Army’’, $1,817,527,000, to remain available until Sep4 tember 30, 2009. 

5 AIRCRAFT PROCUREMENT, NAVY

6 For an additional amount for ‘‘Aircraft Procurement, 

7 Navy’’, $153,700,000, to remain available until September 

8 30, 2009. 

9 PROCUREMENTOF AMMUNITION, NAVY AND MARINE

10 CORPS

11 For an additional amount for ‘‘Procurement of Am12 munition, Navy and Marine Corps’’, $99,930,000, to re13 main available until September 30, 2009. 

14 OTHER PROCUREMENT, NAVY

15 For an additional amount for ‘‘Other Procurement, 

16 Navy’’, $276,500,000, to remain available until September 

17 30, 2009. 

18 PROCUREMENT, MARINE CORPS

19 For an additional amount for ‘‘Procurement, Marine 

20 Corps’’, $1,281,068,000, to remain available until Sep21 tember 30, 2009. 

22 AIRCRAFT PROCUREMENT, AIR FORCE

23 For an additional amount for ‘‘Aircraft Procurement, 

24 Air Force’’, $720,100,000, to remain available until Sep25 tember 30, 2009. 


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1 MISSILE PROCUREMENT, AIR FORCE

2 For an additional amount for ‘‘Missile Procurement, 

3 Air Force’’, $25,400,000, to remain available until Sep4 tember 30, 2009. 

5 OTHER PROCUREMENT, AIR FORCE

6 For an additional amount for ‘‘Other Procurement, 

7 Air Force’’, $1,220,293,000, to remain available until Sep8 tember 30, 2009. 

9 PROCUREMENT, DEFENSE-WIDE

10 For an additional amount for ‘‘Procurement, Defense11 Wide’’, $56,255,000, to remain available until September 

12 30, 2009. 

13 CHAPTER 4 

14 RESEARCH, DEVELOPMENT, TEST AND 

15 EVALUATION 

16 RESEARCH, DEVELOPMENT, TESTAND EVALUATION, NAVY

17 For an additional amount for ‘‘Research, Develop18 ment, Test and Evaluation, Navy’’, $110,000,000, to re19 main available until September 30, 2008. 

20 RESEARCH, DEVELOPMENT, TESTAND EVALUATION, AIR

21 FORCE

22 For an additional amount for ‘‘Research, Develop23 ment, Test and Evaluation, Air Force’’, $33,064,000, to re24 main available until September 30, 2008. 


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1 RESEARCH, DEVELOPMENT, TESTAND EVALUATION, 

2 DEFENSE-WIDE

3 For an additional amount for ‘‘Research, Develop4 ment, Test and Evaluation, Defense-Wide’’, $155,144,000, 

5 to remain available until September 30, 2008. 

6 CHAPTER 5 

7 REVOLVING AND MANAGEMENT FUNDS 

8 DEFENSE WORKING CAPITAL FUNDS

9 For an additional amount for ‘‘Defense Working Cap10 ital Funds’’, $373,474,000. 

11 CHAPTER 6 

12 RELATED AGENCIES 

13 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

14 For an additional amount for ‘‘Intelligence Commu15 nity Management Account’’, $219,265,000, to remain avail16 able until September 30, 2008: Provided, That $200,000,000 

17 of such funds is available only for a unit dedicated to bring18 ing to justice Osama bin Laden and other key leaders of 

19 al Qaeda: Provided further, That the Secretary of Defense 

20 shall, not later than 60 days after the date of the enactment 

21 of this Act, and every 90 days thereafter, submit to the con22 gressional defense committees, the Committee on Inter23 national Relations of the House of Representatives, and the 

24 Committee on Foreign Relations of the Senate a classified 

25 report on progress made by the operations in the global war 


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1 on terrorism for which funding is provided in this Act, in2 cluding an assessment of the likely current location of ter3 rorist leaders, including Osama bin Laden and other key 

4 leaders of al Qaeda, a description of ongoing efforts to bring 

5 to justice such terrorists, a description of the cooperation 

6 provided by the governments of any countries assessed as 

7 likely locations of top leaders of al Qaeda and by other rel8 evant countries, a description of diplomatic efforts cur9 rently being made to improve the cooperation of any such 

10 governments, and a description of the status of, and strat11 egy for bringing to justice, perpetrators of terrorism includ12 ing the top leadership of al Qaeda: Provided further, That 

13 the Secretary of Defense shall prepare such reports in con14 sultation with other appropriate officials with regard to 

15 funds appropriated under this chapter: Provided further, 

16 That the amount provided under this heading is designated 

17 as making appropriations for contingency operations di18 rectly related to the global war on terrorism, and other un19 anticipated defense-related operations, pursuant to section 

20 402 of H. Con. Res. 376 (109th Congress), as made applica21 ble to the House of Representatives by H. Res. 818 (109th 

22 Congress) and is designated as an emergency requirement 

23 pursuant to section 402 of S. Con. Res. 83 (109th Congress), 

24 the concurrent resolution on the budget for fiscal year 2007, 


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1 as made applicable in the Senate by section 7035 of Public 

2 Law 109–234. 

3 DEPARTMENT OF THE INTERIOR

4 For an additional amount for ‘‘WILDLAND FIRE MAN5 AGEMENT’’ under the heading ‘‘DEPARTMENT OF THE 

6 INTERIOR’’ of title I of the Department of the Interior, 

7 Environment, and Related Agencies Appropriations Act, 

8 2006 (Public Law 109–54), $100,000,000 for the conduct 

9 of emergency wildfire suppression activities of the Secretary 

10 of the Interior: Provided, That the amount provided under 

11 this heading is designated as an emergency requirement 

12 pursuant to section 402 of S. Con. Res. 83 (109th Congress), 

13 the concurrent resolution on the budget for fiscal year 2007, 

14 as made applicable in the Senate by section 7035 of Public 

15 Law 109–234. 

16 DEPARTMENT OF AGRICULTURE

17 For an additional amount for ‘‘WILDLAND FIRE MAN18 AGEMENT’’ under the heading ‘‘DEPARTMENT OF AGRI19 CULTURE’’ of title III of the Department of the Interior, 

20 Environment, and Related Agencies Appropriations Act, 

21 2006 (Public Law 109–54), $175,000,000 for the conduct 

22 of emergency wildfire suppression activities of the Secretary 

23 of Agriculture, acting through the Chief of the Forest Serv24 ice: Provided, That the amount provided under this heading 

25 is designated as an emergency requirement pursuant to sec26 tion 402 of S. Con. Res. 83 (109th Congress), the concurrent 


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1 resolution on the budget for fiscal year 2007, as made appli2 cable in the Senate by section 7035 of Public Law 109– 

3 234. 

4 GENERAL PROVISIONS, THIS TITLE 

5 SEC. 9001. Appropriations provided in this title are 

6 available for obligation until September 30, 2007, unless 

7 otherwise so provided in this title. 

8 SEC. 9002. Notwithstanding any other provision of 

9 law or of this Act, funds made available in this title are 

10 in addition to amounts provided elsewhere in this Act. 

11 (TRANSFER OF FUNDS)

12 SEC. 9003. Upon his determination that such action 

13 is necessary in the national interest, the Secretary of De14 fense may transfer between appropriations up to 

15 $2,500,000,000 of the funds made available to the Depart16 ment of Defense in this title: Provided, That the Secretary 

17 shall notify the Congress promptly of each transfer made 

18 pursuant to the authority in this section: Provided further, 

19 That the authority provided in this section is in addition 

20 to any other transfer authority available to the Department 

21 of Defense and is subject to the same terms and conditions 

22 as the authority provided in section 8005 of this Act. 

23 SEC. 9004. Funds appropriated in this title, or made 

24 available by the transfer of funds in or pursuant to this 

25 title, for intelligence activities are deemed to be specifically 


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1 authorized by the Congress for purposes of section 504 of 

2 the National Security Act of 1947 (50 U.S.C. 414). 

3 SEC. 9005. None of the funds provided in this title may 

4 be used to finance programs or activities denied by Congress 

5 in fiscal years 2006 or 2007 appropriations to the Depart6 ment of Defense or to initiate a procurement or research, 

7 development, test and evaluation new start program with8 out prior written notification to the congressional defense 

9 committees. 

10 SEC. 9006. (a) From funds made available in this title 

11 to the Department of Defense, not to exceed $500,000,000 

12 may be used, notwithstanding any other provision of law, 

13 to fund the Commander’s Emergency Response Program, 

14 for the purpose of enabling military commanders in Iraq 

15 to respond to urgent humanitarian relief and reconstruction 

16 requirements within their areas of responsibility by car17 rying out programs that will immediately assist the Iraqi 

18 people, and to fund a similar program to assist the people 

19 of Afghanistan. 

20 (b) QUARTERLY REPORTS.—Not later than 15 days 

21 after the end of each fiscal year quarter (beginning with 

22 the first quarter of fiscal year 2007), the Secretary of De23 fense shall submit to the congressional defense committees 

24 a report regarding the source of funds and the allocation 

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1 able pursuant to the authority provided in this section or 

2 under any other provision of law for the purposes of the 

3 programs under subsection (a). 

4 SEC. 9007. Amounts provided in this title for oper5 ations in Iraq and Afghanistan may be used by the Depart6 ment of Defense for the purchase of up to 20 heavy and 

7 light armored vehicles for force protection purposes, not8 withstanding price or other limitations specified elsewhere 

9 in this Act, or any other provision of law: Provided, That 

10 the Secretary of Defense shall submit a report in writing 

11 no later than 30 days after the end of each fiscal quarter 

12 notifying the congressional defense committees of any pur13 chase described in this section, including the cost, purposes, 

14 and quantities of vehicles purchased. 

15 SEC. 9008. During the current fiscal year, funds avail16 able to the Department of Defense for operation and mainte17 nance may be used, notwithstanding any other provision 

18 of law, to provide supplies, services, transportation, includ19 ing airlift and sealift, and other logistical support to coali20 tion forces supporting military and stability operations in 

21 Iraq and Afghanistan: Provided, That the Secretary of De22 fense shall provide quarterly reports to the congressional de23 fense committees regarding support provided under this sec24 tion. 


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1 SEC. 9009. Supervision and administration costs asso2 ciated with a construction project funded with appropria3 tions available for operation and maintenance, and exe4 cuted in direct support of the Global War on Terrorism only 

5 in Iraq and Afghanistan, may be obligated at the time a 

6 construction contract is awarded: Provided, That for the 

7 purpose of this section, supervision and administration 

8 costs include all in-house Government costs. 

9 SEC. 9010. (a) Not later than 60 days after the date 

10 of the enactment of this Act and every 90 days thereafter 

11 through the end of fiscal year 2007, the Secretary of Defense 

12 shall set forth in a report to Congress a comprehensive set 

13 of performance indicators and measures for progress toward 

14 military and political stability in Iraq. 

15 (b) The report shall include performance standards 

16 and goals for security, economic, and security force training 

17 objectives in Iraq together with a notional timetable for 

18 achieving these goals. 

19 (c) In specific, the report requires, at a minimum, the 

20 following: 

21 (1) With respect to stability and security in 

22 Iraq, the following: 

23 (A) Key measures of political stability, in24 cluding the important political milestones that 

25 must be achieved over the next several years. 


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1 (B) The primary indicators of a stable secu2 rity environment in Iraq, such as number of en3 gagements per day, numbers of trained Iraqi 

4 forces, and trends relating to numbers and types 

5 of ethnic and religious-based hostile encounters. 

6 (C) An assessment of the estimated strength 

7 of the insurgency in Iraq and the extent to which 

8 it is composed of non-Iraqi fighters. 

9 (D) A description of all militias operating 

10 in Iraq, including the number, size, equipment 

11 strength, military effectiveness, sources of sup12 port, legal status, and efforts to disarm or re13 integrate each militia. 

14 (E) Key indicators of economic activity that 

15 should be considered the most important for de16 termining the prospects of stability in Iraq, in17 cluding— 

18 (i) unemployment levels; 

19 (ii) electricity, water, and oil produc20 tion rates; and 

21 (iii) hunger and poverty levels. 

22 (F) The criteria the Administration will use 

23 to determine when it is safe to begin with24 drawing United States forces from Iraq. 


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1 (2) With respect to the training and performance 

2 of security forces in Iraq, the following: 

3 (A) The training provided Iraqi military 

4 and other Ministry of Defense forces and the 

5 equipment used by such forces. 

6 (B) Key criteria for assessing the capabili7 ties and readiness of the Iraqi military and 

8 other Ministry of Defense forces, goals for achiev9 ing certain capability and readiness levels (as 

10 well as for recruiting, training, and equipping 

11 these forces), and the milestones and notional 

12 timetable for achieving these goals. 

13 (C) The operational readiness status of the 

14 Iraqi military forces, including the type, num15 ber, size, and organizational structure of Iraqi 

16 battalions that are— 

17 (i) capable of conducting 

18 counterinsurgency operations independ19 ently; 

20 (ii) capable of conducting 

21 counterinsurgency operations with the sup22 port of United States or coalition forces; or 

23 (iii) not ready to conduct 

24 counterinsurgency operations. 


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1 (D) The rates of absenteeism in the Iraqi 

2 military forces and the extent to which insur3 gents have infiltrated such forces. 

4 (E) The training provided Iraqi police and 

5 other Ministry of Interior forces and the equip6 ment used by such forces. 

7 (F) Key criteria for assessing the capabili8 ties and readiness of the Iraqi police and other 

9 Ministry of Interior forces, goals for achieving 

10 certain capability and readiness levels (as well 

11 as for recruiting, training, and equipping), and 

12 the milestones and notional timetable for achiev13 ing these goals, including— 

14 (i) the number of police recruits that 

15 have received classroom training and the 

16 duration of such instruction; 

17 (ii) the number of veteran police offi18 cers who have received classroom instruction 

19 and the duration of such instruction; 

20 (iii) the number of police candidates 

21 screened by the Iraqi Police Screening Serv22 ice, the number of candidates derived from 

23 other entry procedures, and the success rates 

24 of those groups of candidates; 


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1 (iv) the number of Iraqi police forces 

2 who have received field training by inter3 national police trainers and the duration of 

4 such instruction; and 

5 (v) attrition rates and measures of ab6 senteeism and infiltration by insurgents. 

7 (G) The estimated total number of Iraqi 

8 battalions needed for the Iraqi security forces to 

9 perform duties now being undertaken by coali10 tion forces, including defending the borders of 

11 Iraq and providing adequate levels of law and 

12 order throughout Iraq. 

13 (H) The effectiveness of the Iraqi military 

14 and police officer cadres and the chain of com15 mand. 

16 (I) The number of United States and coali17 tion advisors needed to support the Iraqi secu18 rity forces and associated ministries. 

19 (J) An assessment, in a classified annex if 

20 necessary, of United States military require21 ments, including planned force rotations, 

22 through the end of calendar year 2007. 

23 SEC. 9011. Amounts provided in chapters 1 and 2 of 

24 this title are designated as making appropriations for con25 tingency operations directly related to the global war on 


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1 terrorism, and other unanticipated defense-related oper2 ations, pursuant to section 402 of H. Con. Res. 376 (109th 

3 Congress), as made applicable to the House of Representa4 tives by H. Res. 818 (109th Congress) and are designated 

5 as an emergency requirement pursuant to section 402 of 

6 S. Con. Res. 83 (109th Congress), the concurrent resolution 

7 on the budget for fiscal year 2007, as made applicable in 

8 the Senate by section 7035 of Public Law 109–234: Pro9 vided, That the amounts provided in chapters 3, 4, 5, and 

10 6 of this title are available immediately upon enactment 

11 of this Act. 

12 SEC. 9012. (a) ADDITIONAL AMOUNTFOR ARMY AND

13 MARINE CORPS FOR EQUIPMENT RESET.—In addition to 

14 amounts provided by other provisions of this title, 

15 $7,800,000,000 is provided to the Army, and 

16 $5,300,000,000 is provided to the Marine Corps, to fund 

17 equipment reset requirements resulting from continuing 

18 combat operations. 

19 (b) DESIGNATION AS EMERGENCY REQUIREMENTS.— 

20 The amounts provided under subsection (a) are designated 

21 as appropriations for contingency operations directly re22 lated to the Global War on Terrorism, and other unantici23 pated defense-related operations, pursuant to section 402 of 

24 H. Con. Res. 376 (109th Congress), as made applicable to 

25 the House of Representatives by H. Con. Res. 818 (109th 


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1 Congress), and are designated as an emergency requirement 

2 pursuant to section 402 of S. Con. Res. 83 (109th Congress), 

3 the concurrent resolution on the budget for fiscal year 2007, 

4 as made applicable in the Senate by section 7035 of Public 

5 Law 109–234. 

6 SEC. 9013. Of the amount appropriated or otherwise 

7 made available by chapter 2 of this title under the heading 

8 ‘‘OPERATION AND MAINTENANCE, ARMY NATIONAL

9 GUARD’’, up to $6,700,000 may be available for the pilot 

10 program of the Army National Guard on the reintegration 

11 of members of the National Guard into civilian life after 

12 deployment. 

13 SEC. 9014. (a) Of the amount appropriated or other14 wise made available by chapter 2 of this title under the 

15 heading ‘‘OPERATION AND MAINTENANCE, ARMY’’, up to 

16 $9,000,000 may be made available for the procurement of 

17 hemostatic agents, including blood clotting bandages and 

18 invasive hemostatic agents, for use by members of the Armed 

19 Forces in the field. 

20 (b) Of the amount appropriated or otherwise made 

21 available by such chapter under the heading ‘‘OPERATION

22 AND MAINTENANCE, MARINE CORPS’’, up to $2,000,000 

23 may be made available for the procurement of hemostatic 

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1 ting bandages, for use by members of the Armed Forces in 

2 the field. 

3 SEC. 9015. Of the amount appropriated or otherwise 

4 made available by this Act by reason of the adoption of 

5 Senate Amendment 4751 (referred to as the ‘‘Stevens 

6 amendment’’), $2,440,000,000 is available for the National 

7 Guard for National Guard and Reserve equipment. Such 

8 amount is in addition to any other amounts available in 

9 this title, or under title III under the heading ‘‘OTHER

10 PROCUREMENT, ARMY’’, for National Guard and Reserve 

11 equipment. 

12 SEC. 9016. (a) Not later than 30 days after the date 

13 of the enactment of this Act, the Secretary of Defense shall 

14 submit to the appropriate committees of Congress a report 

15 setting forth procedures and guidelines of the Department 

16 of Defense to protect United States military and civilian 

17 personnel should sectarian violence further increase in Iraq. 

18 (b) FORM.—The report required by subsection (a) may 

19 be submitted in classified form. 

20 (c) APPROPRIATE COMMITTEES OF CONGRESS DE21 FINED.—In this section, the term ‘‘appropriate committees 

22 of Congress’’ means— 

23 (1) the Committee on Armed Services, the Com24 mittee on Foreign Relations, the Select Committee on 


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1 Intelligence, and the Committee on Appropriations of 

2 the Senate; and 

3 (2) the Committee on Armed Services, the Com4 mittee on International Relations, the Permanent Se5 lect Committee on Intelligence, and the Committee on 

6 Appropriations of the House of Representatives. 

7 SEC. 9017. (a) Congress makes the following findings: 

8 (1) Despite the signing of the Darfur Peace 

9 Agreement on May 5, 2006, the violence in Darfur, 

10 Sudan, continues to escalate and threatens to spread 

11 to other areas of Sudan and throughout the region. 

12 (2) The African Union Mission in Sudan 

13 (AMIS) currently serves as the primary security force 

14 in Sudan, but is undermanned and under-equipped. 

15 (3) Although the United Nations has approved 

16 sending a peacekeeping force to Darfur, the African 

17 Union Mission in Sudan (AMIS) will need to expand 

18 its manpower and capability in order to assist or 

19 serve as a bridge force until the United Nations 

20 peacekeeping force can be deployed. 

21 (b) The amount appropriated or otherwise made avail22 able by chapter 2 of this title under the heading ‘‘OPER23 ATION AND MAINTENANCE, DEFENSE-WIDE’’ is hereby in24 creased by $20,000,000. 


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1 (c) Of the amount appropriated or otherwise made 

2 available by chapter 2 of this title under the heading ‘‘OP3 ERATION AND MAINTENANCE, DEFENSE-WIDE’’, as in4 creased by subsection (b), $20,000,000 may be available— 

5 (1) to assist in the training, support, and equip6 ping of the African Union Mission in Sudan (AMIS) 

7 to bolster its efforts to protect the civilian population 

8 in Darfur; 

9 (2) to facilitate the air-lifting of AMIS forces 

10 into the Darfur region as quickly as possible; and 

11 (3) to assist and expand the logistics capability 

12 of the African Union Mission in Sudan (AMIS). 

13 (d) The amount made available by subsection (b) is 

14 designated as appropriations for contingency operations di15 rectly related to the global war on terrorism, and other un16 anticipated defense-related operations, pursuant to section 

17 402 of H. Con. Res. 376 (109th Congress), as made applica18 ble to the House of Representatives by H. Res. 818 (109th 

19 Congress) and is designated as an emergency requirement 

20 pursuant to section 402 of S. Con. Res. 83 (109th Congress), 

21 the concurrent resolution on the budget for fiscal year 2007, 

22 as made applicable in the Senate by section 7035 of Public 

23 Law 109–234. 

24 (e) The Secretary of Defense may transfer funds made 

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1 complish the purposes of this section. This transfer author2 ity is in addition to any other transfer authority available 

3 to the Department of Defense. The Secretary shall, not fewer 

4 than five days prior to making transfers from this appro5 priation account, notify the congressional defense commit6 tees in writing of the details of any such transfer. 

7 SEC. 9018. (a) ADDITIONAL AMOUNTFOR AIRCRAFT

8 PROCUREMENT, AIR FORCE.—The amount appropriated by 

9 chapter 3 of this title under the heading ‘‘AIRCRAFT PRO10 CUREMENT, AIR FORCE’’ is hereby increased by 

11 $65,400,000, with the amount of the increase designated as 

12 appropriations for contingency operations directly related 

13 to the Global War on Terrorism, and other unanticipated 

14 defense-related operations, pursuant to section 402 of H. 

15 Con. Res. 376 (109th Congress), as made applicable to the 

16 House of Representatives by H. Con. Res. 818 (109th Con17 gress) and designated as an emergency requirement pursu18 ant to section 402 of S. Con. Res. 83 (109th Congress), the 

19 concurrent resolution on the budget for fiscal year 2007, as 

20 made applicable in the Senate by Section 7035 of Public 

21 Law 109–234. 

22 (b) AVAILABILITY FOR PROCUREMENTOF PREDA23 TORS.—Of the amount appropriated by chapter 3 of this 

24 title under the heading ‘‘AIRCRAFT PROCUREMENT, AIR

25 FORCE’’, as increased by subsection (a), up to $65,400,000 


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1 may be available for procurement of Predators for Special 

2 Operations forces. 

3 (c) SUPPLEMENT NOT SUPPLANT.—The amount avail4 able under subsection (b) for the purpose specified in that 

5 subsection is in addition to any other amounts available 

6 in this Act for that purpose. 

7 This Act may be cited as the ‘‘Department of Defense 

8 Appropriations Act, 2007’’. 

Passed the House of Representatives June 20, 2006. 

Attest: KAREN L. HAAS, 

Clerk. 

Passed the Senate September 7 (legislative day, September 6), 2006. 

Attest: EMILY J. REYNOLDS, 

Secretary. 


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