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tion until September 30, 2009: Provided, That the amount 
provided under this heading is designated as making ap-
propriations for contingency operations directly related to 
the global war on terrorism, and other unanticipated de-
fense-related operations, pursuant to section 402 of H. 
Con. Res. 376 (109th Congress), as made applicable to 
the House of Representatives by H. Res. 818 (109th Con-
gress). 
OTHER PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Other Procurement, 
Air Force’’, $9,850,000, to remain available for obligation 
until September 30, 2009: Provided, That the amount pro-
vided under this heading is designated as making appro-
priations for contingency operations directly related to the 
global war on terrorism, and other unanticipated defense-
related operations, pursuant to section 402 of H. Con. 
Res. 376 (109th Congress), as made applicable to the 
House of Representatives by H. Res. 818 (109th Con-
gress). 
PROCUREMENT, DEFENSE-WIDE 
For an additional amount for ‘‘Procurement, De-
fense-Wide’’, $121,600,000, to remain available for obliga-
tion until September 30, 2009: Provided, That the amount 
provided under this heading is designated as making ap-
propriations for contingency operations directly related to
110
the global war on terrorism, and other unanticipated de-
fense-related operations, pursuant to section 402 of H. 
Con. Res. 376 (109th Congress), as made applicable to 
the House of Representatives by H. Res. 818 (109th Con-
gress). 
REVOLVING AND MANAGEMENT FUNDS 
DEFENSE WORKING CAPITAL FUNDS 
For an additional amount for ‘‘Defense Working 
Capital Funds’’, $1,000,000,000: Provided, That the 
amount provided under this heading is designated as mak-
ing appropriations for contingency operations directly re-
lated to the global war on terrorism, and other unantici-
pated defense-related operations, pursuant to section 402 
of H. Con. Res. 376 (109th Congress), as made applicable 
to the House of Representatives by H. Res. 818 (109th 
Congress). 
GENERAL PROVISIONS 
SEC. 9001. Appropriations provided in this title are 
available for obligation until September 30, 2007, unless 
otherwise so provided in this title. 
SEC. 9002. Notwithstanding any other provision of 
law or of this Act, funds made available in this title are 
in addition to amounts provided elsewhere in this Act.
111
(TRANSFER OF FUNDS) 
SEC. 9003. Upon his determination that such action 
is necessary in the national interest, the Secretary of De-
fense may transfer between appropriations up to 
$2,500,000,000 of the funds made available to the De-
partment of Defense in this title: Provided, That the Sec-
retary shall notify the Congress promptly of each transfer 
made pursuant to the authority in this section: Provided 
further, That the authority provided in this section is in 
addition to any other transfer authority available to the 
Department of Defense and is subject to the same terms 
and conditions as the authority provided in section 8005 
of this Act. 
SEC. 9004. Funds appropriated in this title, or made 
available by the transfer of funds in or pursuant to this 
title, for intelligence activities are deemed to be specifically 
authorized by the Congress for purposes of section 504 
of the National Security Act of 1947 (50 U.S.C. 414). 
SEC. 9005. None of the funds provided in this title 
may be used to finance programs or activities denied by 
Congress in fiscal years 2006 or 2007 appropriations to 
the Department of Defense or to initiate a procurement 
or research, development, test and evaluation new start 
program without prior written notification to the congres-
sional defense committees.
112
SEC. 9006. Notwithstanding any other provision of 
law, of the funds made available in this title to the Depart-
ment of Defense for operation and maintenance, not to 
exceed $1,000,000,000 may be used by the Secretary of 
Defense, with the concurrence of the Secretary of State, 
to train, equip and provide related assistance only to mili-
tary or security forces of Iraq and Afghanistan to enhance 
their capability to combat terrorism and to support United 
States military operations in Iraq and Afghanistan: Pro-
vided, That such assistance may include the provision of 
equipment, supplies, services, training, infrastructure and 
funding: Provided further, That the authority to provide 
assistance under this section is in addition to any other 
authority to provide assistance to foreign nations: Pro-
vided further, That the Secretary of Defense shall notify 
the congressional defense committees, the Committee on 
International Relations of the House of Representatives, 
and the Committee on Foreign Relations of the Senate 
not less than 15 days before providing assistance under 
the authority of this section. 
SEC. 9007. (a) From funds made available in this 
title to the Department of Defense, not to exceed 
$500,000,000 may be used, notwithstanding any other 
provision of law, to fund the Commander’s Emergency Re-
sponse Program, for the purpose of enabling military com-
113
manders in Iraq to respond to urgent humanitarian relief 
and reconstruction requirements within their areas of re-
sponsibility by carrying out programs that will imme-
diately assist the Iraqi people, and to fund a similar pro-
gram to assist the people of Afghanistan. 
(b) QUARTERLY REPORTS.—Not later than 15 days 
after the end of each fiscal year quarter (beginning with 
the first quarter of fiscal year 2007), the Secretary of De-
fense shall submit to the congressional defense committees 
a report regarding the source of funds and the allocation 
and use of funds during that quarter that were made 
available pursuant to the authority provided in this section 
or under any other provision of law for the purposes of 
the programs under subsection (a). 
SEC. 9008. During the current fiscal year, funds 
available to the Department of Defense for operation and 
maintenance may be used, notwithstanding any other pro-
vision of law, to provide supplies, services, transportation, 
including airlift and sealift, and other logistical support 
to coalition forces supporting military and stability oper-
ations in Iraq and Afghanistan: Provided, That the Sec-
retary of Defense shall provide quarterly reports to the 
congressional defense committees regarding support pro-
vided under this section.
114
SEC. 9009. Supervision and administration costs as-
sociated with a construction project funded with appro-
priations available for operation and maintenance, and ex-
ecuted in direct support of the Global War on Terrorism 
only in Iraq and Afghanistan, may be obligated at the time 
a construction contract is awarded: Provided, That for the 
purpose of this section, supervision and administration 
costs include all in-house Government costs. 
SEC. 9010. The reporting requirements of section 
9010 of Public Law 109–148 shall apply to the funds ap-
propriated in this title. 
SEC. 9011. Amounts provided in chapter 1 of title 
V of the Emergency Supplemental Appropriations Act for 
Defense, the Global War on Terror, and Hurricane Recov-
ery, 2006 are hereby designated as emergency require-
ments pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fis-
cal year 2006. 
SEC. 9012. None of the funds made available in this 
Act may be used by the Government of the United States 
to enter into a basing rights agreement between the 
United States and Iraq. 
TITLE X—ADDITIONAL GENERAL PROVISIONS 
SEC. 10001. None of the funds made available in this 
Act may be obligated or expended to provide award fees
115
to any defense contractor for performance that does not 
meet the requirements of the contract concerned. 
SEC. 10002. None of the funds made available in this 
Act may be used in contravention of the following laws 
enacted or regulations promulgated to implement the 
United Nations Convention Against Torture and Other 
Cruel, Inhuman or Degrading Treatment or Punishment 
(done at New York on December 10, 1984): 
(1) Section 2340A of title 18, United States 
Code. 
(2) Section 2242 of the Foreign Affairs Reform 
and Restructuring Act of 1998 (division G of Public 
Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 
note) and any regulations prescribed thereto, includ-
ing regulations under part 208 of title 8, Code of 
Federal Regulations, and part 95 of title 22, Code 
of Federal Regulations. 
(3) Sections 1002 and 1003 of the Department 
of Defense, Emergency Supplemental Appropriations 
to Address Hurricanes in the Gulf of Mexico, and 
Pandemic Influenza Act, 2006 (Public Law 109–
148). 
SEC. 10003. None of the funds appropriated by this 
Act may be used to waive or modify regulations promul-
116
gated under chapter 43, 71, 75, or 77 of title 5, United 
States Code. 
SEC. 10004. None of the funds made available in this 
Act may be used to enter into or carry out a contract for 
the performance by a contractor of any base operation 
support service at Walter Reed Army Medical Hospital 
pursuant to the public-private competition conducted 
under Office of Management and Budget Circular A–76 
that was initiated on June 13, 2000, and that has the 
solicitation number DADA 10–03–R-0001. 
This Act may be cited as the ‘‘Department of Defense 
Appropriations Act, 2007’’.
Passed the House of Representatives June 20, 2006. 
Attest:
Clerk.
109TH CONGRESS 
2D SESSION 
H. R. 5631
AN ACT 
Making appropriations for the Department of De-
fense for the fiscal year ending September 30, 
2007, and for other purposes.