Department of Defense Appropriations Act, 2007
PL 109-289 (H.R.5631), enacted 09/29/2006

120 STAT. 1257
PUBLIC LAW 109–289—SEPT. 29, 2006
Public Law 109–289
109th Congress
An Act
Making appropriations for the Department of Defense for the fiscal year ending
September 30, 2007, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
DIVISION A—DEPARTMENT OF DEFENSE APPROPRIATIONS
ACT, 2007
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2007, for military functions administered by the
Department of Defense and for other purposes, namely:
TITLE I
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Army on active duty, (except members
of reserve components provided for elsewhere), cadets, and aviation
cadets; for members of the Reserve Officers’ Training Corps; and
for payments pursuant to section 156 of Public Law 97–377, as
amended (42 U.S.C. 402 note), and to the Department of Defense
Military Retirement Fund, $25,911,349,000.
MILITARY PERSONNEL, NAVY
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Navy on active duty (except members
of the Reserve provided for elsewhere), midshipmen, and aviation
cadets; for members of the Reserve Officers’ Training Corps; and
for payments pursuant to section 156 of Public Law 97–377, as
amended (42 U.S.C. 402 note), and to the Department of Defense
Military Retirement Fund, $19,049,454,000.
Department of
Defense
Appropriations
Act, 2007.
Sept. 29, 2006
[H.R. 5631]
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PUBLIC LAW 109–289—SEPT. 29, 2006
MILITARY PERSONNEL, MARINE CORPS
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Marine Corps on active duty (except
members of the Reserve provided for elsewhere); and for payments
pursuant to section 156 of Public Law 97–377, as amended (42
U.S.C. 402 note), and to the Department of Defense Military Retire-
ment Fund, $7,932,749,000.
MILITARY PERSONNEL, AIR FORCE
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Air Force on active duty (except members
of reserve components provided for elsewhere), cadets, and aviation
cadets; for members of the Reserve Officers’ Training Corps; and
for payments pursuant to section 156 of Public Law 97–377, as
amended (42 U.S.C. 402 note), and to the Department of Defense
Military Retirement Fund, $20,285,871,000.
RESERVE PERSONNEL, ARMY
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Army Reserve on active
duty under sections 10211, 10302, and 3038 of title 10, United
States Code, or while serving on active duty under section 12301(d)
of title 10, United States Code, in connection with performing
duty specified in section 12310(a) of title 10, United States Code,
or while undergoing reserve training, or while performing drills
or equivalent duty or other duty, and expenses authorized by section
16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $3,043,170,000.
RESERVE PERSONNEL, NAVY
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Navy Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and expenses
authorized by section 16131 of title 10, United States Code; and
for payments to the Department of Defense Military Retirement
Fund, $1,551,838,000.
RESERVE PERSONNEL, MARINE CORPS
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Marine Corps Reserve
on active duty under section 10211 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title
10, United States Code, in connection with performing duty specified
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PUBLIC LAW 109–289—SEPT. 29, 2006
in section 12310(a) of title 10, United States Code, or while under-
going reserve training, or while performing drills or equivalent
duty, and for members of the Marine Corps platoon leaders class,
and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military
Retirement Fund, $498,686,000.
RESERVE PERSONNEL, AIR FORCE
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Air Force Reserve on
active duty under sections 10211, 10305, and 8038 of title 10,
United States Code, or while serving on active duty under section
12301(d) of title 10, United States Code, in connection with per-
forming duty specified in section 12310(a) of title 10, United States
Code, or while undergoing reserve training, or while performing
drills or equivalent duty or other duty, and expenses authorized
by section 16131 of title 10, United States Code; and for payments
to the Department of Defense Military Retirement Fund,
$1,259,620,000.
NATIONAL GUARD PERSONNEL, ARMY
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Army National Guard
while on duty under section 10211, 10302, or 12402 of title 10
or section 708 of title 32, United States Code, or while serving
on duty under section 12301(d) of title 10 or section 502(f) of
title 32, United States Code, in connection with performing duty
specified in section 12310(a) of title 10, United States Code, or
while undergoing training, or while performing drills or equivalent
duty or other duty, and expenses authorized by section 16131 of
title 10, United States Code; and for payments to the Department
of Defense Military Retirement Fund, $4,751,971,000.
NATIONAL GUARD PERSONNEL, AIR FORCE
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Air National Guard on
duty under section 10211, 10305, or 12402 of title 10 or section
708 of title 32, United States Code, or while serving on duty
under section 12301(d) of title 10 or section 502(f) of title 32,
United States Code, in connection with performing duty specified
in section 12310(a) of title 10, United States Code, or while under-
going training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title 10,
United States Code; and for payments to the Department of Defense
Military Retirement Fund, $2,067,752,000.
TITLE II
OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, ARMY
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law;
and not to exceed $11,478,000 can be used for emergencies and
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120 STAT. 1260
PUBLIC LAW 109–289—SEPT. 29, 2006
extraordinary expenses, to be expended on the approval or authority
of the Secretary of the Army, and payments may be made on
his certificate of necessity for confidential military purposes,
$22,397,581,000: Provided, That of funds made available under
this heading, $2,000,000 shall be available for Fort Baker, in accord-
ance with the terms and conditions as provided under the heading
‘‘Operation and Maintenance, Army’’, in Public Law 107–117.
OPERATION AND MAINTENANCE, NAVY
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps,
as authorized by law; and not to exceed $6,129,000 can be used
for emergencies and extraordinary expenses, to be expended on
the approval or authority of the Secretary of the Navy, and pay-
ments may be made on his certificate of necessity for confidential
military purposes, $29,751,721,000.
OPERATION AND MAINTENANCE, MARINE CORPS
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized
by law, $3,338,296,000.
OPERATION AND MAINTENANCE, AIR FORCE
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law;
and not to exceed $7,699,000 can be used for emergencies and
extraordinary expenses, to be expended on the approval or authority
of the Secretary of the Air Force, and payments may be made
on his certificate of necessity for confidential military purposes,
$28,774,928,000.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Depart-
ment of Defense (other than the military departments), as author-
ized by law, $19,948,799,000: Provided, That not more than
$25,000,000 may be used for the Combatant Commander Initiative
Fund authorized under section 166a of title 10, United States
Code: Provided further, That not to exceed $36,000,000 can be
used for emergencies and extraordinary expenses, to be expended
on the approval or authority of the Secretary of Defense, and
payments may be made on his certificate of necessity for confidential
military purposes: Provided further, That of the funds made avail-
able under this heading, $5,000,000 is available for contractor sup-
port to coordinate a wind test demonstration project on an Air
Force installation using wind turbines manufactured in the United
States that are new to the United States market and to execute
the renewable energy purchasing plan: Provided further, That of
the funds provided under this heading, not less than $26,837,000
shall be made available for the Procurement Technical Assistance
Cooperative Agreement Program, of which not less than $3,600,000
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shall be available for centers defined in 10 U.S.C. 2411(1)(D): Pro-
vided further, That none of the funds appropriated or otherwise
made available by this Act may be used to plan or implement
the consolidation of a budget or appropriations liaison office of
the Office of the Secretary of Defense, the office of the Secretary
of a military department, or the service headquarters of one of
the Armed Forces into a legislative affairs or legislative liaison
office: Provided further, That $4,000,000, to remain available until
expended, is available only for expenses relating to certain classified
activities, and may be transferred as necessary by the Secretary
to operation and maintenance appropriations or research, develop-
ment, test and evaluation appropriations, to be merged with and
to be available for the same time period as the appropriations
to which transferred: Provided further, That any ceiling on the
investment item unit cost of items that may be purchased with
operation and maintenance funds shall not apply to the funds
described in the preceding proviso: Provided further, That the
transfer authority provided under this heading is in addition to
any other transfer authority provided elsewhere in this Act.
OPERATION AND MAINTENANCE, ARMY RESERVE
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and equip-
ment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $1,957,888,000.
OPERATION AND MAINTENANCE, NAVY RESERVE
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and equip-
ment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $1,223,628,000.
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of services,
supplies, and equipment; and communications, $199,032,000.
OPERATION AND MAINTENANCE, AIR FORCE RESERVE
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transpor-
tation; care of the dead; recruiting; procurement of services, sup-
plies, and equipment; and communications, $2,563,751,000.
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120 STAT. 1262
PUBLIC LAW 109–289—SEPT. 29, 2006
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD
For expenses of training, organizing, and administering the
Army National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance, oper-
ation, and repairs to structures and facilities; hire of passenger
motor vehicles; personnel services in the National Guard Bureau;
travel expenses (other than mileage), as authorized by law for
Army personnel on active duty, for Army National Guard division,
regimental, and battalion commanders while inspecting units in
compliance with National Guard Bureau regulations when specifi-
cally authorized by the Chief, National Guard Bureau; supplying
and equipping the Army National Guard as authorized by law;
and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $4,323,783,000.
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
For expenses of training, organizing, and administering the
Air National Guard, including medical and hospital treatment and
related expenses in non-Federal hospitals; maintenance, operation,
and repairs to structures and facilities; transportation of things,
hire of passenger motor vehicles; supplying and equipping the Air
National Guard, as authorized by law; expenses for repair, modifica-
tion, maintenance, and issue of supplies and equipment, including
those furnished from stocks under the control of agencies of the
Department of Defense; travel expenses (other than mileage) on
the same basis as authorized by law for Air National Guard per-
sonnel on active Federal duty, for Air National Guard commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National
Guard Bureau, $4,831,185,000.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
For salaries and expenses necessary for the United States
Court of Appeals for the Armed Forces, $11,721,000, of which not
to exceed $5,000 may be used for official representation purposes.
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
For expenses relating to the Overseas Humanitarian, Disaster,
and Civic Aid programs of the Department of Defense (consisting
of the programs provided under sections 401, 402, 404, 2557, and
2561 of title 10, United States Code), $63,204,000, to remain avail-
able until September 30, 2008.
FORMER SOVIET UNION THREAT REDUCTION ACCOUNT
For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for facili-
tating the elimination and the safe and secure transportation and
storage of nuclear, chemical and other weapons; for establishing
programs to prevent the proliferation of weapons, weapons compo-
nents, and weapon-related technology and expertise; for programs
relating to the training and support of defense and military per-
sonnel for demilitarization and protection of weapons, weapons
components and weapons technology and expertise, and for defense
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and military contacts, $372,128,000, to remain available until Sep-
tember 30, 2009: Provided, That of the amounts provided under
this heading, $15,000,000 shall be available only to support the
dismantling and disposal of nuclear submarines, submarine reactor
components, and security enhancements for transport and storage
of nuclear warheads in the Russian Far East.
TITLE III
PROCUREMENT
AIRCRAFT PROCUREMENT, ARMY
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; special-
ized equipment and training devices; expansion of public and private
plants, including the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $3,502,483,000, to
remain available for obligation until September 30, 2009: Provided,
That $19,200,000 of the funds provided in this paragraph are avail-
able only for the purpose of acquiring one HH–60L medical evacu-
ation variant Blackhawk helicopter only for the Army Reserve.
MISSILE PROCUREMENT, ARMY
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; special-
ized equipment and training devices; expansion of public and private
plants, including the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $1,278,967,000, to
remain available for obligation until September 30, 2009.
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES,
ARMY
For construction, procurement, production, and modification
of weapons and tracked combat vehicles, equipment, including ord-
nance, spare parts, and accessories therefor; specialized equipment
and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
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expenses necessary for the foregoing purposes, $1,906,368,000, to
remain available for obligation until September 30, 2009.
PROCUREMENT OF AMMUNITION, ARMY
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $1,719,879,000, to
remain available for obligation until September 30, 2009.
OTHER PROCUREMENT, ARMY
For construction, procurement, production, and modification
of vehicles, including tactical, support, and non-tracked combat
vehicles; the purchase of passenger motor vehicles for replacement
only; and the purchase of 3 vehicles required for physical security
of personnel, notwithstanding price limitations applicable to pas-
senger vehicles but not to exceed $255,000 per vehicle; communica-
tions and electronic equipment; other support equipment; spare
parts, ordnance, and accessories therefor; specialized equipment
and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $7,004,914,000, to
remain available for obligation until September 30, 2009.
AIRCRAFT PROCUREMENT, NAVY
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare
parts, and accessories therefor; specialized equipment; expansion
of public and private plants, including the land necessary therefor,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government 
and 
contractor-owned 
equipment 
layaway,
$10,393,316,000, to remain available for obligation until September
30, 2009.
WEAPONS PROCUREMENT, NAVY
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related
support equipment including spare parts, and accessories therefor;
expansion of public and private plants, including the land necessary
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therefor, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government 
and 
contractor-owned 
equipment 
layaway,
$2,573,820,000, to remain available for obligation until September
30, 2009.
PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $767,314,000, to
remain available for obligation until September 30, 2009.
SHIPBUILDING AND CONVERSION, NAVY
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and
armament thereof, plant equipment, appliances, and machine tools
and installation thereof in public and private plants; reserve plant
and 
Government 
and 
contractor-owned 
equipment 
layaway;
procurement of critical, long leadtime components and designs for
vessels to be constructed or converted in the future; and expansion
of public and private plants, including land necessary therefor,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title, as follows:
Carrier Replacement Program (AP), $791,893,000;
NSSN, $1,775,472,000;
NSSN (AP), $676,582,000;
CVN Refuelings, $954,495,000;
CVN Refuelings (AP), $117,139,000;
SSBN Submarine Refuelings, $189,022,000;
SSBN Submarine Refuelings (AP), $37,154,000;
DDG–1000 Program, $2,568,111,000;
DDG–51 Destroyer, $355,849,000;
Littoral Combat Ship, $520,670,000;
LPD–17 (AP), $297,492,000;
LHA–R, $1,135,917,000;
Special Purpose Craft, $2,900,000;
T–AGS Oceanographic Survey Ship, $117,000,000;
LCAC Service Life Extension Program, $110,692,000;
Prior year shipbuilding costs, $512,849,000;
Service Craft, $45,245,000; and
For outfitting, post delivery, conversions, and first destina-
tion transportation, $370,643,000.
In all: $10,579,125,000, to remain available for obligation until
September 30, 2011: Provided, That additional obligations may
be incurred after September 30, 2011, for engineering services,
tests, evaluations, and other such budgeted work that must be
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performed in the final stage of ship construction: Provided further,
That none of the funds provided under this heading for the construc-
tion or conversion of any naval vessel to be constructed in shipyards
in the United States shall be expended in foreign facilities for
the construction of major components of such vessel: Provided fur-
ther, That none of the funds provided under this heading shall
be used for the construction of any naval vessel in foreign shipyards.
OTHER PROCUREMENT, NAVY
For procurement, production, and modernization of support
equipment and materials not otherwise provided for, Navy ordnance
(except ordnance for new aircraft, new ships, and ships authorized
for conversion); the purchase of passenger motor vehicles for
replacement only, and the purchase of 10 vehicles required for
physical security of personnel, notwithstanding price limitations
applicable to passenger vehicles but not to exceed $255,000 per
vehicle; expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval
of title; and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant and
Government 
and 
contractor-owned 
equipment 
layaway,
$4,927,676,000, to remain available for obligation until September
30, 2009.
PROCUREMENT, MARINE CORPS
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare
parts, and accessories therefor; plant equipment, appliances, and
machine tools, and installation thereof in public and private plants;
reserve plant and Government and contractor-owned equipment
layaway; vehicles for the Marine Corps, including the purchase
of passenger motor vehicles for replacement only; and expansion
of public and private plants, including land necessary therefor,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title,
$894,571,000, to remain available for obligation until September
30, 2009.
AIRCRAFT PROCUREMENT, AIR FORCE
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground han-
dling equipment, and training devices, spare parts, and accessories
therefor; specialized equipment; expansion of public and private
plants, Government-owned equipment and installation thereof in
such plants, erection of structures, and acquisition of land, for
the foregoing purposes, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to approval
of title; reserve plant and Government and contractor-owned equip-
ment layaway; and other expenses necessary for the foregoing pur-
poses including rents and transportation of things, $11,643,356,000,
to remain available for obligation until September 30, 2009.
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MISSILE PROCUREMENT, AIR FORCE
For construction, procurement, and modification of missiles,
spacecraft, rockets, and related equipment, including spare parts
and accessories therefor, ground handling equipment, and training
devices; expansion of public and private plants, Government-owned
equipment and installation thereof in such plants, erection of struc-
tures, and acquisition of land, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things, $3,914,703,000, to remain available for
obligation until September 30, 2009.
PROCUREMENT OF AMMUNITION, AIR FORCE
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $1,054,302,000, to
remain available for obligation until September 30, 2009.
OTHER PROCUREMENT, AIR FORCE
For procurement and modification of equipment (including
ground guidance and electronic control equipment, and ground elec-
tronic and communication equipment), and supplies, materials, and
spare parts therefor, not otherwise provided for; the purchase of
passenger motor vehicles for replacement only, and the purchase
of 2 vehicles required for physical security of personnel, notwith-
standing price limitations applicable to passenger vehicles but not
to exceed $255,000 per vehicle; lease of passenger motor vehicles;
and expansion of public and private plants, Government-owned
equipment and installation thereof in such plants, erection of struc-
tures, and acquisition of land, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon, prior to approval of title; reserve plant and
Government 
and 
contractor-owned 
equipment 
layaway,
$15,493,486,000, to remain available for obligation until September
30, 2009.
PROCUREMENT, DEFENSE-WIDE
For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment, supplies,
materials, and spare parts therefor, not otherwise provided for;
the purchase of passenger motor vehicles for replacement only,
and the purchase of 5 vehicles required for physical security of
personnel, notwithstanding prior limitations applicable to passenger
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vehicles but not to exceed $255,000 per vehicle; expansion of public
and private plants, equipment, and installation thereof in such
plants, erection of structures, and acquisition of land for the fore-
going purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval
of title; reserve plant and Government and contractor-owned equip-
ment layaway, $2,903,292,000, to remain available for obligation
until September 30, 2009.
NATIONAL GUARD AND RESERVE EQUIPMENT
For procurement of aircraft, missiles, tracked combat vehicles,
ammunition, other weapons, and other procurement for the reserve
components of the Armed Forces, $290,000,000, to remain available
for obligation until September 30, 2009: Provided, That the Chiefs
of the Reserve and National Guard components shall, not later
than 30 days after the enactment of this Act, individually submit
to the congressional defense committees the modernization priority
assessment for their respective Reserve or National Guard compo-
nent.
DEFENSE PRODUCTION ACT PURCHASES
For activities by the Department of Defense pursuant to sec-
tions 108, 301, 302, and 303 of the Defense Production Act of
1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), $63,184,000,
to remain available until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY
For expenses necessary for basic and applied scientific research,
development, 
test 
and 
evaluation, 
including 
maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$11,054,958,000, to remain available for obligation until September
30, 2008.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
For expenses necessary for basic and applied scientific research,
development, 
test 
and 
evaluation, 
including 
maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$18,673,894,000, to remain available for obligation until September
30, 2008: Provided, That funds appropriated in this paragraph
which are available for the V–22 may be used to meet unique
operational requirements of the Special Operations Forces: Provided
further, That funds appropriated in this paragraph shall be avail-
able for the Cobra Judy program.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE
For expenses necessary for basic and applied scientific research,
development, 
test 
and 
evaluation, 
including 
maintenance,
rehabilitation, lease, and operation of facilities and equipment,
Deadline.
Assessment.
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$24,516,276,000, to remain available for obligation until September
30, 2008.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE
For expenses of activities and agencies of the Department of
Defense (other than the military departments), necessary for basic
and applied scientific research, development, test and evaluation;
advanced research projects as may be designated and determined
by the Secretary of Defense, pursuant to law; maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$21,291,056,000, to remain available for obligation until September
30, 2008.
OPERATIONAL TEST AND EVALUATION, DEFENSE
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and Evalua-
tion, in the direction and supervision of operational test and evalua-
tion, including initial operational test and evaluation which is con-
ducted prior to, and in support of, production decisions; joint oper-
ational testing and evaluation; and administrative expenses in
connection therewith, $185,420,000, to remain available for obliga-
tion until September 30, 2008.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
For the Defense Working Capital Funds, $1,345,998,000.
NATIONAL DEFENSE SEALIFT FUND
For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve Fleet,
as established by section 11 of the Merchant Ship Sales Act of
1946 (50 U.S.C. App. 1744), and for the necessary expenses to
maintain and preserve a U.S.-flag merchant fleet to serve the
national security needs of the United States, $1,071,932,000, to
remain available until expended: Provided, That none of the funds
provided in this paragraph shall be used to award a new contract
that provides for the acquisition of any of the following major
components unless such components are manufactured in the
United States: auxiliary equipment, including pumps, for all ship-
board services; propulsion system components (that is; engines,
reduction gears, and propellers); shipboard cranes; and spreaders
for shipboard cranes: Provided further, That the exercise of an
option in a contract awarded through the obligation of previously
appropriated funds shall not be considered to be the award of
a new contract: Provided further, That the Secretary of the military
department responsible for such procurement may waive the restric-
tions in the first proviso on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of Rep-
resentatives and the Senate that adequate domestic supplies are
not available to meet Department of Defense requirements on a
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timely basis and that such an acquisition must be made in order
to acquire capability for national security purposes.
PENTAGON RESERVATION MAINTENANCE REVOLVING FUND
For the Pentagon Reservation Maintenance Revolving Fund,
$18,500,000, to remain available until September 30, 2011.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, ARMY
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents
and munitions, to include construction of facilities, in accordance
with the provisions of section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521), and for the destruction
of other chemical warfare materials that are not in the chemical
weapon stockpile, $1,277,304,000, of which $1,046,290,000 shall
be for Operation and maintenance; $231,014,000 shall be for
Research, development, test and evaluation, of which $215,944,000
shall only be for the Assembled Chemical Weapons Alternatives
(ACWA) program, to remain available until September 30, 2008;
and no less than $111,283,000 shall be for the Chemical Stockpile
Emergency Preparedness Program, of which $41,074,000 shall be
for activities on military installations and of which $70,209,000,
to remain available until September 30, 2008, shall be to assist
State and local governments.
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE
(INCLUDING TRANSFER OF FUNDS)
For drug interdiction and counter-drug activities of the Depart-
ment of Defense, for transfer to appropriations available to the
Department of Defense for military personnel of the reserve compo-
nents serving under the provisions of title 10 and title 32, United
States Code; for Operation and maintenance; for Procurement; and
for Research, development, test and evaluation, $977,632,000: Pro-
vided, That the funds appropriated under this heading shall be
available for obligation for the same time period and for the same
purpose as the appropriation to which transferred: Provided further,
That upon a determination that all or part of the funds transferred
from this appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority contained
elsewhere in this Act.
OFFICE OF THE INSPECTOR GENERAL
For expenses and activities of the Office of the Inspector Gen-
eral in carrying out the provisions of the Inspector General Act
of 1978, as amended, $216,297,000, of which $214,897,000 shall
be for Operation and maintenance, of which not to exceed $700,000
is available for emergencies and extraordinary expenses to be
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expended on the approval or authority of the Inspector General,
and payments may be made on the Inspector General’s certificate
of necessity for confidential military purposes; and of which
$1,400,000, to remain available until September 30, 2009, shall
be for Procurement.
TITLE VII
RELATED AGENCIES
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
SYSTEM FUND
For payment to the Central Intelligence Agency Retirement
and Disability System Fund, to maintain the proper funding level
for continuing the operation of the Central Intelligence Agency
Retirement and Disability System, $256,400,000.
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Intelligence Community Manage-
ment Account, $621,611,000, of which $36,268,000 for the Advanced
Research and Development Committee shall remain available until
September 30, 2008: Provided, That of the funds appropriated under
this heading, $39,000,000 shall be transferred to the Department
of Justice for the National Drug Intelligence Center to support
the Department of Defense’s counter-drug intelligence responsibil-
ities, and of the said amount, $1,500,000 for Procurement shall
remain available until September 30, 2009 and $1,000,000 for
Research, development, test and evaluation shall remain available
until September 30, 2008: Provided further, That the National
Drug Intelligence Center shall maintain the personnel and technical
resources to provide timely support to law enforcement authorities
and the intelligence community by conducting document and com-
puter exploitation of materials collected in Federal, State, and local
law enforcement activity associated with counter-drug, counter-ter-
rorism, and national security investigations and operations.
TITLE VIII
GENERAL PROVISIONS
SEC. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not author-
ized by the Congress.
SEC. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment of,
any person not a citizen of the United States shall not apply
to personnel of the Department of Defense: Provided, That salary
increases granted to direct and indirect hire foreign national
employees of the Department of Defense funded by this Act shall
not be at a rate in excess of the percentage increase authorized
by law for civilian employees of the Department of Defense whose
pay is computed under the provisions of section 5332 of title 5,
United States Code, or at a rate in excess of the percentage increase
provided by the appropriate host nation to its own employees,
Wages.
10 USC 1584
note.
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whichever is higher: Provided further, That this section shall not
apply to Department of Defense foreign service national employees
serving at United States diplomatic missions whose pay is set
by the Department of State under the Foreign Service Act of 1980:
Provided further, That the limitations of this provision shall not
apply to foreign national employees of the Department of Defense
in the Republic of Turkey.
SEC. 8003. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current fiscal
year, unless expressly so provided herein.
SEC. 8004. No more than 20 percent of the appropriations
in this Act which are limited for obligation during the current
fiscal year shall be obligated during the last 2 months of the
fiscal year: Provided, That this section shall not apply to obligations
for support of active duty training of reserve components or summer
camp training of the Reserve Officers’ Training Corps.
(TRANSFER OF FUNDS)
SEC. 8005. Upon determination by the Secretary of Defense
that such action is necessary in the national interest, he may,
with the approval of the Office of Management and Budget, transfer
not to exceed $4,500,000,000 of working capital funds of the Depart-
ment of Defense or funds made available in this Act to the Depart-
ment of Defense for military functions (except military construction)
between such appropriations or funds or any subdivision thereof,
to be merged with and to be available for the same purposes,
and for the same time period, as the appropriation or fund to
which transferred: Provided, That such authority to transfer may
not be used unless for higher priority items, based on unforeseen
military requirements, than those for which originally appropriated
and in no case where the item for which funds are requested
has been denied by the Congress: Provided further, That the Sec-
retary of Defense shall notify the Congress promptly of all transfers
made pursuant to this authority or any other authority in this
Act: Provided further, That no part of the funds in this Act shall
be available to prepare or present a request to the Committees
on Appropriations for reprogramming of funds, unless for higher
priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where the
item for which reprogramming is requested has been denied by
the Congress: Provided further, That a request for multiple
reprogrammings of funds using authority provided in this section
must be made prior to June 30, 2007: Provided further, That trans-
fers among military personnel appropriations shall not be taken
into account for purposes of the limitation on the amount of funds
that may be transferred under this section: Provided further, That
no obligation of funds may be made pursuant to section 1206
of Public Law 109–163 (or any successor provision) unless the
Secretary of Defense has notified the congressional defense commit-
tees prior to any such obligation.
(TRANSFER OF FUNDS)
SEC. 8006. During the current fiscal year, cash balances in
working capital funds of the Department of Defense established
pursuant to section 2208 of title 10, United States Code, may
be maintained in only such amounts as are necessary at any time
Notification.
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for cash disbursements to be made from such funds: Provided,
That transfers may be made between such funds: Provided further,
That transfers may be made between working capital funds and
the ‘‘Foreign Currency Fluctuations, Defense’’ appropriation and
the ‘‘Operation and Maintenance’’ appropriation accounts in such
amounts as may be determined by the Secretary of Defense, with
the approval of the Office of Management and Budget, except that
such transfers may not be made unless the Secretary of Defense
has notified the Congress of the proposed transfer. Except in
amounts equal to the amounts appropriated to working capital
funds in this Act, no obligations may be made against a working
capital fund to procure or increase the value of war reserve material
inventory, unless the Secretary of Defense has notified the Congress
prior to any such obligation.
SEC. 8007. Funds appropriated by this Act may not be used
to initiate a special access program without prior notification 30
calendar days in advance to the congressional defense committees.
SEC. 8008. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs economic
order quantity procurement in excess of $20,000,000 in any 1 year
of the contract or that includes an unfunded contingent liability
in excess of $20,000,000; or (2) a contract for advance procurement
leading to a multiyear contract that employs economic order
quantity procurement in excess of $20,000,000 in any 1 year, unless
the congressional defense committees have been notified at least
30 days in advance of the proposed contract award: Provided, That
no part of any appropriation contained in this Act shall be available
to initiate a multiyear contract for which the economic order
quantity advance procurement is not funded at least to the limits
of the Government’s liability: Provided further, That no part of
any appropriation contained in this Act shall be available to initiate
multiyear procurement contracts for any systems or component
thereof if the value of the multiyear contract would exceed
$500,000,000 unless specifically provided in this Act: Provided fur-
ther, That no multiyear procurement contract can be terminated
without 10-day prior notification to the congressional defense
committees: Provided further, That the execution of multiyear
authority shall require the use of a present value analysis to deter-
mine lowest cost compared to an annual procurement: Provided
further, That none of the funds provided in this Act may be used
for a multiyear contract executed after the date of the enactment
of this Act unless in the case of any such contract—
(1) the Secretary of Defense has submitted to Congress
a budget request for full funding of units to be procured through
the contract and, in the case of a contract for procurement
of aircraft, that includes, for any aircraft unit to be procured
through the contract for which procurement funds are requested
in that budget request for production beyond advance procure-
ment activities in the fiscal year covered by the budget, full
funding of procurement of such unit in that fiscal year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the contractor
associated with the production of unfunded units to be delivered
under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
Notification.
Deadline.
10 USC 2306b
note.
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(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
Funds appropriated in title III of this Act may be used for
a multiyear procurement contract as follows:
C–17 Globemaster; F–22A; MH–60R Helicopters; MH–60R Heli-
copter mission equipment; and V–22 Osprey.
SEC. 8009. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby appro-
priated pursuant to section 401 of title 10, United States Code,
for humanitarian and civic assistance costs under chapter 20 of
title 10, United States Code. Such funds may also be obligated
for humanitarian and civic assistance costs incidental to authorized
operations and pursuant to authority granted in section 401 of
chapter 20 of title 10, United States Code, and these obligations
shall be reported as required by section 401(d) of title 10, United
States Code: Provided, That funds available for operation and
maintenance shall be available for providing humanitarian and
similar assistance by using Civic Action Teams in the Trust Terri-
tories of the Pacific Islands and freely associated states of Micro-
nesia, pursuant to the Compact of Free Association as authorized
by Public Law 99–239: Provided further, That upon a determination
by the Secretary of the Army that such action is beneficial for
graduate medical education programs conducted at Army medical
facilities located in Hawaii, the Secretary of the Army may authorize
the provision of medical services at such facilities and transpor-
tation to such facilities, on a nonreimbursable basis, for civilian
patients from American Samoa, the Commonwealth of the Northern
Mariana Islands, the Marshall Islands, the Federated States of
Micronesia, Palau, and Guam.
SEC. 8010. (a) During fiscal year 2007, the civilian personnel
of the Department of Defense may not be managed on the basis
of any end-strength, and the management of such personnel during
that fiscal year shall not be subject to any constraint or limitation
(known as an end-strength) on the number of such personnel who
may be employed on the last day of such fiscal year.
(b) The fiscal year 2008 budget request for the Department
of Defense as well as all justification material and other documenta-
tion supporting the fiscal year 2008 Department of Defense budget
request shall be prepared and submitted to the Congress as if
subsections (a) and (b) of this provision were effective with regard
to fiscal year 2008.
(c) Nothing in this section shall be construed to apply to military
(civilian) technicians.
SEC. 8011. None of the funds made available by this Act shall
be used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before
the Congress.
SEC. 8012. None of the funds appropriated by this Act shall
be available for the basic pay and allowances of any member of
the Army participating as a full-time student and receiving benefits
paid by the Secretary of Veterans Affairs from the Department
of Defense Education Benefits Fund when time spent as a full-
time student is credited toward completion of a service commitment:
Provided, That this section shall not apply to those members who
have reenlisted with this option prior to October 1, 1987: Provided
further, That this section applies only to active components of
the Army.
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SEC. 8013. (a) LIMITATION
ON CONVERSION
TO CONTRACTOR
PERFORMANCE.—None of the funds appropriated by this Act shall
be available to convert to contractor performance an activity or
function of the Department of Defense that, on or after the date
of the enactment of this Act, is performed by more than 10 Depart-
ment of Defense civilian employees unless—
(1) the conversion is based on the result of a public-private
competition that includes a most efficient and cost effective
organization plan developed by such activity or function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers for
performance of the activity or function, the cost of performance
of the activity or function by a contractor would be less costly
to the Department of Defense by an amount that equals or
exceeds the lesser of—
(A) 10 percent of the most efficient organization’s per-
sonnel-related costs for performance of that activity or func-
tion by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of Defense
by—
(A) not making an employer-sponsored health insur-
ance plan available to the workers who are to be employed
in the performance of that activity or function under the
contract; or
(B) offering to such workers an employer-sponsored
health benefits plan that requires the employer to con-
tribute less towards the premium or subscription share
than the amount that is paid by the Department of Defense
for health benefits for civilian employees under chapter
89 of title 5, United States Code.
(b) EXCEPTIONS.—
(1) The Department of Defense, without regard to sub-
section (a) of this section or subsection (a), (b), or (c) of section
2461 of title 10, United States Code, and notwithstanding any
administrative regulation, requirement, or policy to the con-
trary shall have full authority to enter into a contract for
the performance of any commercial or industrial type function
of the Department of Defense that—
(A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O’Day Act (41
U.S.C. 47);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped individuals
in accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by an
Indian tribe, as defined in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b(e)), or a Native Hawaiian Organization, as defined
in section 8(a)(15) of the Small Business Act (15 U.S.C.
637(a)(15)).
(2) This section shall not apply to depot contracts or con-
tracts for depot maintenance as provided in sections 2469 and
2474 of title 10, United States Code.
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(c) TREATMENT OF CONVERSION.—The conversion of any activity
or function of the Department of Defense under the authority pro-
vided by this section shall be credited toward any competitive
or outsourcing goal, target, or measurement that may be established
by statute, regulation, or policy and is deemed to be awarded
under the authority of, and in compliance with, subsection (h)
of section 2304 of title 10, United States Code, for the competition
or outsourcing of commercial activities.
(TRANSFER OF FUNDS)
SEC. 8014. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be trans-
ferred to any other appropriation contained in this Act solely for
the purpose of implementing a Mentor-Protege Program develop-
mental assistance agreement pursuant to section 831 of the
National Defense Authorization Act for Fiscal Year 1991 (Public
Law 101–510; 10 U.S.C. 2302 note), as amended, under the
authority of this provision or any other transfer authority contained
in this Act.
SEC. 8015. None of the funds in this Act may be available
for the purchase by the Department of Defense (and its departments
and agencies) of welded shipboard anchor and mooring chain 4
inches in diameter and under unless the anchor and mooring chain
are manufactured in the United States from components which
are substantially manufactured in the United States: Provided,
That for the purpose of this section manufactured will include
cutting, heat treating, quality control, testing of chain and welding
(including the forging and shot blasting process): Provided further,
That for the purpose of this section substantially all of the compo-
nents of anchor and mooring chain shall be considered to be pro-
duced or manufactured in the United States if the aggregate cost
of the components produced or manufactured in the United States
exceeds the aggregate cost of the components produced or manufac-
tured outside the United States: Provided further, That when ade-
quate domestic supplies are not available to meet Department of
Defense requirements on a timely basis, the Secretary of the service
responsible for the procurement may waive this restriction on a
case-by-case basis by certifying in writing to the Committees on
Appropriations that such an acquisition must be made in order
to acquire capability for national security purposes.
SEC. 8016. None of the funds available to the Department
of Defense may be used to demilitarize or dispose of M–1 Carbines,
M–1 Garand rifles, M–14 rifles, .22 caliber rifles, .30 caliber rifles,
or M–1911 pistols.
SEC. 8017. No more than $500,000 of the funds appropriated
or made available in this Act shall be used during a single fiscal
year for any single relocation of an organization, unit, activity
or function of the Department of Defense into or within the National
Capital Region: Provided, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying in writing
to the congressional defense committees that such a relocation
is required in the best interest of the Government.
SEC. 8018. In addition to the funds provided elsewhere in
this Act, $8,000,000 is appropriated only for incentive payments
authorized by section 504 of the Indian Financing Act of 1974
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120 STAT. 1277
PUBLIC LAW 109–289—SEPT. 29, 2006
(25 U.S.C. 1544): Provided, That a prime contractor or a subcon-
tractor at any tier that makes a subcontract award to any subcon-
tractor or supplier as defined in section 1544 of title 25, United
States Code, or a small business owned and controlled by an indi-
vidual or individuals defined under section 4221(9) of title 25,
United States Code, shall be considered a contractor for the pur-
poses of being allowed additional compensation under section 504
of the Indian Financing Act of 1974 (25 U.S.C. 1544) whenever
the prime contract or subcontract amount is over $500,000 and
involves the expenditure of funds appropriated by an Act making
Appropriations for the Department of Defense with respect to any
fiscal year: Provided further, That notwithstanding section 430 of
title 41, United States Code, this section shall be applicable to
any Department of Defense acquisition of supplies or services,
including any contract and any subcontract at any tier for acquisi-
tion of commercial items produced or manufactured, in whole or
in part by any subcontractor or supplier defined in section 1544
of title 25, United States Code, or a small business owned and
controlled by an individual or individuals defined under section
4221(9) of title 25, United States Code: Provided further, That,
during the current fiscal year and hereafter, businesses certified
as 8(a) by the Small Business Administration pursuant to section
8(a)(15) of Public Law 85–536, as amended, shall have the same
status as other program participants under section 602 of Public
Law 100–656, 102 Stat. 3825 (Business Opportunity Development
Reform Act of 1988) for purposes of contracting with agencies of
the Department of Defense.
SEC. 8019. None of the funds appropriated by this Act shall
be available to perform any cost study pursuant to the provisions
of OMB Circular A–76 if the study being performed exceeds a
period of 24 months after initiation of such study with respect
to a single function activity or 30 months after initiation of such
study for a multi-function activity.
SEC. 8020. Funds appropriated by this Act for the American
Forces Information Service shall not be used for any national or
international political or psychological activities.
SEC. 8021. During the current fiscal year, the Department
of Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of title 10,
United States Code, in anticipation of receipt of contributions, only
from the Government of Kuwait, under that section: Provided,
That upon receipt, such contributions from the Government of
Kuwait shall be credited to the appropriations or fund which
incurred such obligations.
SEC. 8022. (a) Of the funds made available in this Act, not
less than $35,975,000 shall be available for the Civil Air Patrol
Corporation, of which—
(1) $25,087,000 shall be available from ‘‘Operation and
Maintenance, Air Force’’ to support Civil Air Patrol Corporation
operation and maintenance, readiness, counterdrug activities,
and drug demand reduction activities involving youth programs;
(2) $10,193,000 shall be available from ‘‘Aircraft Procure-
ment, Air Force’’; and
(3) $695,000 shall be available from ‘‘Other Procurement,
Air Force’’ for vehicle procurement.
Kuwait.
15 USC 637 note.
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(b) The Secretary of the Air Force should waive reimbursement
for any funds used by the Civil Air Patrol for counter-drug activities
in support of Federal, State, and local government agencies.
SEC. 8023. (a) None of the funds appropriated in this Act
are available to establish a new Department of Defense (depart-
ment) federally funded research and development center (FFRDC),
either as a new entity, or as a separate entity administrated by
an organization managing another FFRDC, or as a nonprofit mem-
bership corporation consisting of a consortium of other FFRDCs
and other non-profit entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or any
similar entity of a defense FFRDC, and no paid consultant to
any defense FFRDC, except when acting in a technical advisory
capacity, may be compensated for his or her services as a member
of such entity, or as a paid consultant by more than one FFRDC
in a fiscal year: Provided, That a member of any such entity
referred to previously in this subsection shall be allowed travel
expenses and per diem as authorized under the Federal Joint Travel
Regulations, when engaged in the performance of membership
duties.
(c) Notwithstanding any other provision of law, none of the
funds available to the department from any source during fiscal
year 2007 may be used by a defense FFRDC, through a fee or
other payment mechanism, for construction of new buildings, for
payment of cost sharing for projects funded by Government grants,
for absorption of contract overruns, or for certain charitable con-
tributions, not to include employee participation in community
service and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2007, not more
than 5,517 staff years of technical effort (staff years) may be funded
for defense FFRDCs: Provided, That of the specific amount referred
to previously in this subsection, not more than 1,060 staff years
may be funded for the defense studies and analysis FFRDCs: Pro-
vided further, That this subsection shall not apply to staff years
funded in the National Intelligence Program (NIP) and the Military
Intelligence Program (MIP).
(e) The Secretary of Defense shall, with the submission of
the department’s fiscal year 2008 budget request, submit a report
presenting the specific amounts of staff years of technical effort
to be allocated for each defense FFRDC during that fiscal year.
(f) Notwithstanding any other provision of this Act, the total
amount appropriated in this Act for FFRDCs is hereby reduced
by $53,200,000.
SEC. 8024. None of the funds appropriated or made available
in this Act shall be used to procure carbon, alloy or armor steel
plate for use in any Government-owned facility or property under
the control of the Department of Defense which were not melted
and rolled in the United States or Canada: Provided, That these
procurement restrictions shall apply to any and all Federal Supply
Class 9515, American Society of Testing and Materials (ASTM)
or American Iron and Steel Institute (AISI) specifications of carbon,
alloy or armor steel plate: Provided further, That the Secretary
of the military department responsible for the procurement may
waive this restriction on a case-by-case basis by certifying in writing
Reports.
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120 STAT. 1279
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to the Committees on Appropriations of the House of Representa-
tives and the Senate that adequate domestic supplies are not avail-
able to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to
acquire capability for national security purposes: Provided further,
That these restrictions shall not apply to contracts which are in
being as of the date of the enactment of this Act.
SEC. 8025. For the purposes of this Act, the term ‘‘congressional
defense committees’’ means the Armed Services Committee of the
House of Representatives, the Armed Services Committee of the
Senate, the Subcommittee on Defense of the Committee on Appro-
priations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives.
SEC. 8026. During the current fiscal year, the Department
of Defense may acquire the modification, depot maintenance and
repair of aircraft, vehicles and vessels as well as the production
of components and other Defense-related articles, through competi-
tion between Department of Defense depot maintenance activities
and private firms: Provided, That the Senior Acquisition Executive
of the military department or Defense Agency concerned, with power
of delegation, shall certify that successful bids include comparable
estimates of all direct and indirect costs for both public and private
bids: Provided further, That Office of Management and Budget
Circular A–76 shall not apply to competitions conducted under
this section.
SEC. 8027. (a)(1) If the Secretary of Defense, after consultation
with the United States Trade Representative, determines that a
foreign country which is party to an agreement described in para-
graph (2) has violated the terms of the agreement by discriminating
against certain types of products produced in the United States
that are covered by the agreement, the Secretary of Defense shall
rescind the Secretary’s blanket waiver of the Buy American Act
with respect to such types of products produced in that foreign
country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the
United States and a foreign country pursuant to which the Secretary
of Defense has prospectively waived the Buy American Act for
certain products in that country.
(b) The Secretary of Defense shall submit to the Congress
a report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2007. Such report shall separately
indicate the dollar value of items for which the Buy American
Act was waived pursuant to any agreement described in subsection
(a)(2), the Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.),
or any international agreement to which the United States is a
party.
(c) For purposes of this section, the term ‘‘Buy American Act’’
means title III of the Act entitled ‘‘An Act making appropriations
for the Treasury and Post Office Departments for the fiscal year
ending June 30, 1934, and for other purposes’’, approved March
3, 1933 (41 U.S.C. 10a et seq.).
SEC. 8028. Notwithstanding any other provision of law, funds
available during the current fiscal year and hereafter for ‘‘Drug
Interdiction and Counter-Drug Activities, Defense’’ may be obligated
for the Young Marines program.
10 USC 374 note.
Reports.
Commerce and
trade.
41 USC 10b–2
note.
Certification.
10 USC 101 note.
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120 STAT. 1280
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SEC. 8029. During the current fiscal year, amounts contained
in the Department of Defense Overseas Military Facility Investment
Recovery Account established by section 2921(c)(1) of the National
Defense Authorization Act of 1991 (Public Law 101–510; 10 U.S.C.
2687 note) shall be available until expended for the payments
specified by section 2921(c)(2) of that Act.
SEC. 8030. (a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Secretary of the Air Force may convey at no
cost to the Air Force, without consideration, to Indian tribes located
in the States of North Dakota, South Dakota, Montana, and Min-
nesota relocatable military housing units located at Grand Forks
Air Force Base and Minot Air Force Base that are excess to the
needs of the Air Force.
(b) PROCESSING OF REQUESTS.—The Secretary of the Air Force
shall convey, at no cost to the Air Force, military housing units
under subsection (a) in accordance with the request for such units
that are submitted to the Secretary by the Operation Walking
Shield Program on behalf of Indian tribes located in the States
of North Dakota, South Dakota, Montana, and Minnesota.
(c) RESOLUTION OF HOUSING UNIT CONFLICTS.—The Operation
Walking Shield Program shall resolve any conflicts among requests
of Indian tribes for housing units under subsection (a) before
submitting requests to the Secretary of the Air Force under sub-
section (b).
(d) INDIAN TRIBE DEFINED.—In this section, the term ‘‘Indian
tribe’’ means any recognized Indian tribe included on the current
list published by the Secretary of the Interior under section 104
of the Federally Recognized Indian Tribe Act of 1994 (Public Law
103–454; 108 Stat. 4792; 25 U.S.C. 479a–1).
SEC. 8031. During the current fiscal year, appropriations which
are available to the Department of Defense for operation and
maintenance may be used to purchase items having an investment
item unit cost of not more than $250,000.
SEC. 8032. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense
Working Capital Funds shall be used for the purchase of an invest-
ment item for the purpose of acquiring a new inventory item for
sale or anticipated sale during the current fiscal year or a subse-
quent fiscal year to customers of the Department of Defense
Working Capital Funds if such an item would not have been charge-
able to the Department of Defense Business Operations Fund during
fiscal year 1994 and if the purchase of such an investment item
would be chargeable during the current fiscal year to appropriations
made to the Department of Defense for procurement.
(b) The fiscal year 2008 budget request for the Department
of Defense as well as all justification material and other documenta-
tion supporting the fiscal year 2008 Department of Defense budget
shall be prepared and submitted to the Congress on the basis
that any equipment which was classified as an end item and funded
in a procurement appropriation contained in this Act shall be budg-
eted for in a proposed fiscal year 2008 procurement appropriation
and not in the supply management business area or any other
area or category of the Department of Defense Working Capital
Funds.
SEC. 8033. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain available
Budget.
Housing.
Native
Americans.
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for obligation beyond the current fiscal year, except for funds appro-
priated for the Reserve for Contingencies, which shall remain avail-
able until September 30, 2008: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intelligence Agency
Central Services Working Capital Fund during this or any prior
or subsequent fiscal year shall remain available until expended:
Provided further, That any funds appropriated or transferred to
the Central Intelligence Agency for advanced research and develop-
ment acquisition, for agent operations, and for covert action pro-
grams authorized by the President under section 503 of the National
Security Act of 1947, as amended, shall remain available until
September 30, 2008.
SEC. 8034. Notwithstanding any other provision of law, funds
made available in this Act for the Defense Intelligence Agency
may be used for the design, development, and deployment of Gen-
eral Defense Intelligence Program intelligence communications and
intelligence information systems for the Services, the Unified and
Specified Commands, and the component commands.
SEC. 8035. Of the funds appropriated to the Department of
Defense under the heading ‘‘Operation and Maintenance, Defense-
Wide’’, not less than $10,000,000 shall be made available only
for the mitigation of environmental impacts, including training
and technical assistance to tribes, related administrative support,
the gathering of information, documenting of environmental dam-
age, and developing a system for prioritization of mitigation and
cost to complete estimates for mitigation, on Indian lands resulting
from Department of Defense activities.
SEC. 8036. (a) None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense unless
the entity, in expending the funds, complies with the Buy American
Act. For purposes of this subsection, the term ‘‘Buy American Act’’
means title III of the Act entitled ‘‘An Act making appropriations
for the Treasury and Post Office Departments for the fiscal year
ending June 30, 1934, and for other purposes’’, approved March
3, 1933 (41 U.S.C. 10a et seq.).
(b) If the Secretary of Defense determines that a person has
been convicted of intentionally affixing a label bearing a ‘‘Made
in America’’ inscription to any product sold in or shipped to the
United States that is not made in America, the Secretary shall
determine, in accordance with section 2410f of title 10, United
States Code, whether the person should be debarred from con-
tracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Con-
gress that any entity of the Department of Defense, in expending
the appropriation, purchase only American-made equipment and
products, provided that American-made equipment and products
are cost-competitive, quality-competitive, and available in a timely
fashion.
SEC. 8037. None of the funds appropriated by this Act shall
be available for a contract for studies, analysis, or consulting serv-
ices entered into without competition on the basis of an unsolicited
proposal unless the head of the activity responsible for the procure-
ment determines—
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
Labeling.
Fraud.
50 USC 403u
note.
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(2) the purpose of the contract is to explore an unsolicited
proposal which offers significant scientific or technological
promise, represents the product of original thinking, and was
submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a specific
concern, or to insure that a new product or idea of a specific
concern is given financial support: Provided, That this limita-
tion shall not apply to contracts in an amount of less than
$25,000, contracts related to improvements of equipment that
is in development or production, or contracts as to which a
civilian official of the Department of Defense, who has been
confirmed by the Senate, determines that the award of such
contract is in the interest of the national defense.
SEC. 8038. (a) Except as provided in subsection (b) and (c),
none of the funds made available by this Act may be used—
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces
or civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee’s place of duty remains at the location of that head-
quarters.
(b) The Secretary of Defense or Secretary of a military depart-
ment may waive the limitations in subsection (a), on a case-by-
case basis, if the Secretary determines, and certifies to the Commit-
tees on Appropriations of the House of Representatives and Senate
that the granting of the waiver will reduce the personnel require-
ments or the financial requirements of the department.
(c) This section does not apply to—
(1) field operating agencies funded within the National
Intelligence Program; or
(2) an Army field operating agency established to eliminate,
mitigate, or counter the effects of improvised explosive devices,
and, as determined by the Secretary of the Army, other similar
threats.
SEC. 8039. The Secretary of Defense, notwithstanding any other
provision of law, acting through the Office of Economic Adjustment
of the Department of Defense, may use funds made available in
this Act under the heading ‘‘Operation and Maintenance, Defense-
Wide’’ to make grants and supplement other Federal funds in
accordance with the guidance provided in the Joint Explanatory
Statement of the Committee of Conference to accompany the con-
ference report on the bill H.R. 5631.
(RESCISSIONS)
SEC. 8040. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from
the following accounts and programs in the specified amounts:
Shipbuilding 
and 
Conversion, 
Navy, 
2005/2009,
$11,245,000;
Aircraft Procurement, Air Force, 2005/2007, $108,000,000;
Other Procurement, Army, 2006/2008, $120,200,000;
Aircraft Procurement, Navy, 2006/2008, $76,700,000;
Aircraft Procurement, Air Force, 2006/2008, $141,100,000;
Missile Procurement, Air Force, 2006/2008, $142,000,000;
Research, Development, Test and Evaluation, Army, 2006/
2007, $21,600,000;
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Research, Development, Test and Evaluation, Navy, 2006/
2007, $35,798,000;
Research, Development, Test and Evaluation, Air Force,
2006/2007, $92,800,000;
Research, Development, Test and Evaluation, Defense-
Wide, 2006/2007, $120,700,000.
SEC. 8041. None of the funds available in this Act may be
used to reduce the authorized positions for military (civilian) techni-
cians of the Army National Guard, the Air National Guard, Army
Reserve and Air Force Reserve for the purpose of applying any
administratively imposed civilian personnel ceiling, freeze, or reduc-
tion on military (civilian) technicians, unless such reductions are
a direct result of a reduction in military force structure.
SEC. 8042. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance
to the Democratic People’s Republic of North Korea unless specifi-
cally appropriated for that purpose.
SEC. 8043. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands
and Defense Agencies shall be available for reimbursement of pay,
allowances and other expenses which would otherwise be incurred
against appropriations for the National Guard and Reserve when
members of the National Guard and Reserve provide intelligence
or counterintelligence support to Combatant Commands, Defense
Agencies and Joint Intelligence Activities, including the activities
and programs included within the National Intelligence Program
and the Military Intelligence Program: Provided, That nothing in
this section authorizes deviation from established Reserve and
National Guard personnel and training procedures.
SEC. 8044. During the current fiscal year, none of the funds
appropriated in this Act may be used to reduce the civilian medical
and medical support personnel assigned to military treatment facili-
ties below the September 30, 2003, level: Provided, That the Service
Surgeons General may waive this section by certifying to the
congressional defense committees that the beneficiary population
is declining in some catchment areas and civilian strength reduc-
tions may be consistent with responsible resource stewardship and
capitation-based budgeting.
SEC. 8045. (a) None of the funds available to the Department
of Defense for any fiscal year for drug interdiction or counter-
drug activities may be transferred to any other department or
agency of the United States except as specifically provided in an
appropriations law.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction and counter-drug
activities may be transferred to any other department or agency
of the United States except as specifically provided in an appropria-
tions law.
SEC. 8046. None of the funds appropriated by this Act may
be used for the procurement of ball and roller bearings other than
those produced by a domestic source and of domestic origin: Pro-
vided, That the Secretary of the military department responsible
for such procurement may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on Appropria-
tions of the House of Representatives and the Senate, that adequate
domestic supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition must
50 USC 403f
note.
10 USC 374 note.
North Korea.
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be made in order to acquire capability for national security pur-
poses: Provided further, That this restriction shall not apply to
the purchase of ‘‘commercial items’’, as defined by section 4(12)
of the Office of Federal Procurement Policy Act, except that the
restriction shall apply to ball or roller bearings purchased as end
items.
SEC. 8047. None of the funds in this Act may be used to
purchase any supercomputer which is not manufactured in the
United States, unless the Secretary of Defense certifies to the
congressional defense committees that such an acquisition must
be made in order to acquire capability for national security purposes
that is not available from United States manufacturers.
SEC. 8048. Notwithstanding any other provision of law, each
contract awarded by the Department of Defense during the current
fiscal year and hereafter for construction or service performed in
whole or in part in a State (as defined in section 381(d) of title
10, United States Code) which is not contiguous with another
State and has an unemployment rate in excess of the national
average rate of unemployment as determined by the Secretary
of Labor, shall include a provision requiring the contractor to
employ, for the purpose of performing that portion of the contract
in such State that is not contiguous with another State, individuals
who are residents of such State and who, in the case of any
craft or trade, possess or would be able to acquire promptly the
necessary skills: Provided, That the Secretary of Defense may waive
the requirements of this section, on a case-by-case basis, in the
interest of national security.
SEC. 8049. None of the funds made available in this or any
other Act may be used to pay the salary of any officer or employee
of the Department of Defense who approves or implements the
transfer of administrative responsibilities or budgetary resources
of any program, project, or activity financed by this Act to the
jurisdiction of another Federal agency not financed by this Act
without the express authorization of Congress: Provided, That this
limitation shall not apply to transfers of funds expressly provided
for in Defense Appropriations Acts, or provisions of Acts providing
supplemental appropriations for the Department of Defense.
SEC. 8050. (a) LIMITATION ON TRANSFER OF DEFENSE ARTICLES
AND SERVICES.—Notwithstanding any other provision of law, none
of the funds available to the Department of Defense for the current
fiscal year may be obligated or expended to transfer to another
nation or an international organization any defense articles or
services (other than intelligence services) for use in the activities
described in subsection (b) unless the congressional defense commit-
tees, the Committee on International Relations of the House of
Representatives, and the Committee on Foreign Relations of the
Senate are notified 15 days in advance of such transfer.
(b) COVERED ACTIVITIES.—This section applies to—
(1) any international peacekeeping or peace-enforcement
operation under the authority of chapter VI or chapter VII
of the United Nations Charter under the authority of a United
Nations Security Council resolution; and
(2) any other international peacekeeping, peace-enforce-
ment, or humanitarian assistance operation.
(c) REQUIRED NOTICE.—A notice under subsection (a) shall
include the following:
Notification.
Deadline.
10 USC 2304
note.
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(1) A description of the equipment, supplies, or services
to be transferred.
(2) A statement of the value of the equipment, supplies,
or services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies—
(A) a statement of whether the inventory requirements
of all elements of the Armed Forces (including the reserve
components) for the type of equipment or supplies to be
transferred have been met; and
(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how the
President proposes to provide funds for such replacement.
SEC. 8051. None of the funds available to the Department
of Defense under this Act shall be obligated or expended to pay
a contractor under a contract with the Department of Defense
for costs of any amount paid by the contractor to an employee
when—
(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee;
and
(2) such bonus is part of restructuring costs associated
with a business combination.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8052. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the heading
‘‘Operation and Maintenance, Defense-Wide’’ may be transferred
to appropriations available for the pay of military personnel, to
be merged with, and to be available for the same time period
as the appropriations to which transferred, to be used in support
of such personnel in connection with support and services for eligible
organizations and activities outside the Department of Defense
pursuant to section 2012 of title 10, United States Code.
SEC. 8053. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the
period of availability for obligation has expired or which has closed
under the provisions of section 1552 of title 31, United States
Code, and which has a negative unliquidated or unexpended bal-
ance, an obligation or an adjustment of an obligation may be
charged to any current appropriation account for the same purpose
as the expired or closed account if—
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of
Defense; and
(3) in the case of an expired account, the obligation is
not chargeable to a current appropriation of the Department
of Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991, Public
Law 101–510, as amended (31 U.S.C. 1551 note): Provided,
That in the case of an expired account, if subsequent review
or investigation discloses that there was not in fact a negative
unliquidated or unexpended balance in the account, any charge
to a current account under the authority of this section shall
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be reversed and recorded against the expired account: Provided
further, That the total amount charged to a current appropria-
tion under this section may not exceed an amount equal to
1 percent of the total appropriation for that account.
SEC. 8054. (a) Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of
equipment of the National Guard Distance Learning Project by
any person or entity on a space-available, reimbursable basis. The
Chief of the National Guard Bureau shall establish the amount
of reimbursement for such use on a case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited
to funds available for the National Guard Distance Learning Project
and be available to defray the costs associated with the use of
equipment of the project under that subsection. Such funds shall
be available for such purposes without fiscal year limitation.
SEC. 8055. Using funds available by this Act or any other
Act, the Secretary of the Air Force, pursuant to a determination
under section 2690 of title 10, United States Code, may implement
cost-effective agreements for required heating facility modernization
in the Kaiserslautern Military Community in the Federal Republic
of Germany: Provided, That in the City of Kaiserslautern such
agreements will include the use of United States anthracite as
the base load energy for municipal district heat to the United
States Defense installations: Provided further, That at Landstuhl
Army Regional Medical Center and Ramstein Air Base, furnished
heat may be obtained from private, regional or municipal services,
if provisions are included for the consideration of United States
coal as an energy source.
SEC. 8056. None of the funds appropriated in title IV of this
Act may be used to procure end-items for delivery to military
forces for operational training, operational use or inventory require-
ments: Provided, That this restriction does not apply to end-items
used in development, prototyping, and test activities preceding and
leading to acceptance for operational use: Provided further, That
this restriction does not apply to programs funded within the
National Intelligence Program: Provided further, That the Secretary
of Defense may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the
House of Representatives and the Senate that it is in the national
security interest to do so.
SEC. 8057. Notwithstanding any other provision of law, funds
available to the Department of Defense in this Act shall be made
available to provide transportation of medical supplies and equip-
ment, on a nonreimbursable basis, to American Samoa, and funds
available to the Department of Defense shall be made available
to provide transportation of medical supplies and equipment, on
a nonreimbursable basis, to the Indian Health Service when it
is in conjunction with a civil-military project.
SEC. 8058. None of the funds made available in this Act may
be used to approve or license the sale of the F–22A advanced
tactical fighter to any foreign government.
SEC. 8059. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each limitation
on the procurement of defense items from foreign sources provided
in law if the Secretary determines that the application of the
limitation with respect to that country would invalidate cooperative
programs entered into between the Department of Defense and
American Samoa.
Native
Americans.
Germany.
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the foreign country, or would invalidate reciprocal trade agreements
for the procurement of defense items entered into under section
2531 of title 10, United States Code, and the country does not
discriminate against the same or similar defense items produced
in the United States for that country.
(b) Subsection (a) applies with respect to—
(1) contracts and subcontracts entered into on or after
the date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under subsection
(a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section 11 (chapters
50–65) of the Harmonized Tariff Schedule and products classified
under headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019,
7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through
7508, 8105, 8108, 8109, 8211, 8215, and 9404.
SEC. 8060. (a) PROHIBITION.—None of the funds made available
by this Act may be used to support any training program involving
a unit of the security forces of a foreign country if the Secretary
of Defense has received credible information from the Department
of State that the unit has committed a gross violation of human
rights, unless all necessary corrective steps have been taken.
(b) MONITORING.—The Secretary of Defense, in consultation
with the Secretary of State, shall ensure that prior to a decision
to conduct any training program referred to in subsection (a), full
consideration is given to all credible information available to the
Department of State relating to human rights violations by foreign
security forces.
(c) WAIVER.—The Secretary of Defense, after consultation with
the Secretary of State, may waive the prohibition in subsection
(a) if he determines that such waiver is required by extraordinary
circumstances.
(d) REPORT.—Not more than 15 days after the exercise of any
waiver under subsection (c), the Secretary of Defense shall submit
a report to the congressional defense committees describing the
extraordinary circumstances, the purpose and duration of the
training program, the United States forces and the foreign security
forces involved in the training program, and the information
relating to human rights violations that necessitates the waiver.
SEC. 8061. None of the funds appropriated or made available
in this Act to the Department of the Navy shall be used to develop,
lease or procure the T–AKE class of ships unless the main propul-
sion diesel engines and propulsors are manufactured in the United
States by a domestically operated entity: Provided, That the Sec-
retary of Defense may waive this restriction on a case-by-case
basis by certifying in writing to the Committees on Appropriations
of the House of Representatives and the Senate that adequate
domestic supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition must
be made in order to acquire capability for national security purposes
or there exists a significant cost or quality difference.
SEC. 8062. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations
Deadline.
Human rights.
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Acts may be obligated or expended for the purpose of performing
repairs or maintenance to military family housing units of the
Department of Defense, including areas in such military family
housing units that may be used for the purpose of conducting
official Department of Defense business.
SEC. 8063. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ‘‘Research, Development,
Test and Evaluation, Defense-Wide’’ for any new start advanced
concept technology demonstration project may only be obligated
30 days after a report, including a description of the project, the
planned acquisition and transition strategy and its estimated
annual and total cost, has been provided in writing to the congres-
sional defense committees: Provided, That the Secretary of Defense
may waive this restriction on a case-by-case basis by certifying
to the congressional defense committees that it is in the national
interest to do so.
SEC. 8064. The Secretary of Defense shall provide a classified
quarterly report beginning 30 days after enactment of this Act,
to the House and Senate Appropriations Committees, Subcommit-
tees on Defense on certain matters as directed in the classified
annex accompanying this Act.
SEC. 8065. During the current fiscal year, refunds attributable
to the use of the Government travel card, refunds attributable
to the use of the Government Purchase Card and refunds attrib-
utable to official Government travel arranged by Government Con-
tracted Travel Management Centers may be credited to operation
and maintenance, and research, development, test and evaluation
accounts of the Department of Defense which are current when
the refunds are received.
SEC. 8066. (a) REGISTERING FINANCIAL MANAGEMENT INFORMA-
TION
TECHNOLOGY
SYSTEMS
WITH
DOD CHIEF
INFORMATION
OFFICER.—None of the funds appropriated in this Act may be used
for a mission critical or mission essential financial management
information technology system (including a system funded by the
defense working capital fund) that is not registered with the Chief
Information Officer of the Department of Defense. A system shall
be considered to be registered with that officer upon the furnishing
to that officer of notice of the system, together with such information
concerning the system as the Secretary of Defense may prescribe.
A financial management information technology system shall be
considered a mission critical or mission essential information tech-
nology system as defined by the Under Secretary of Defense (Comp-
troller).
(b) CERTIFICATIONS
AS
TO
COMPLIANCE
WITH
FINANCIAL
MANAGEMENT MODERNIZATION PLAN.—
(1) During the current fiscal year, a financial management
automated information system, a mixed information system
supporting financial and non-financial systems, or a system
improvement of more than $1,000,000 may not receive Mile-
stone A approval, Milestone B approval, or full rate production,
or their equivalent, within the Department of Defense until
the Under Secretary of Defense (Comptroller) certifies, with
respect to that milestone, that the system is being developed
and managed in accordance with the Department’s Financial
Management Modernization Plan. The Under Secretary of
Defense (Comptroller) may require additional certifications, as
appropriate, with respect to any such system.
Reports.
Confidential
information.
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(2) The Chief Information Officer shall provide the congres-
sional defense committees timely notification of certifications
under paragraph (1).
(c) CERTIFICATIONS AS TO COMPLIANCE WITH CLINGER-COHEN
ACT.—
(1) During the current fiscal year, a major automated
information system may not receive Milestone A approval, Mile-
stone B approval, or full rate production approval, or their
equivalent, within the Department of Defense until the Chief
Information Officer certifies, with respect to that milestone,
that the system is being developed in accordance with the
Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.). The Chief
Information Officer may require additional certifications, as
appropriate, with respect to any such system.
(2) The Chief Information Officer shall provide the congres-
sional defense committees timely notification of certifications
under paragraph (1). Each such notification shall include a
statement confirming that the following steps have been taken
with respect to the system:
(A) Business process reengineering.
(B) An analysis of alternatives.
(C) An economic analysis that includes a calculation
of the return on investment.
(D) Performance measures.
(E) An information assurance strategy consistent with
the Department’s Global Information Grid.
(d) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘Chief Information Officer’’ means the senior
official of the Department of Defense designated by the Sec-
retary of Defense pursuant to section 3506 of title 44, United
States Code.
(2) The term ‘‘information technology system’’ has the
meaning given the term ‘‘information technology’’ in section
5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401).
SEC. 8067. During the current fiscal year, none of the funds
available to the Department of Defense may be used to provide
support to another department or agency of the United States
if such department or agency is more than 90 days in arrears
in making payment to the Department of Defense for goods or
services previously provided to such department or agency on a
reimbursable basis: Provided, That this restriction shall not apply
if the department is authorized by law to provide support to such
department or agency on a nonreimbursable basis, and is providing
the requested support pursuant to such authority: Provided further,
That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate
that it is in the national security interest to do so.
SEC. 8068. Notwithstanding section 12310(b) of title 10, United
States Code, a Reserve who is a member of the National Guard
serving on full-time National Guard duty under section 502(f) of
title 32 may perform duties in support of the ground-based elements
of the National Ballistic Missile Defense System.
SEC. 8069. None of the funds provided in this Act may be
used to transfer to any nongovernmental entity ammunition held
by the Department of Defense that has a center-fire cartridge
and a United States military nomenclature designation of ‘‘armor
Notification.
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penetrator’’, ‘‘armor piercing (AP)’’, ‘‘armor piercing incendiary
(API)’’, or ‘‘armor-piercing incendiary-tracer (API–T)’’, except to an
entity performing demilitarization services for the Department of
Defense under a contract that requires the entity to demonstrate
to the satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by the demili-
tarization process; or (2) used to manufacture ammunition pursuant
to a contract with the Department of Defense or the manufacture
of ammunition for export pursuant to a License for Permanent
Export of Unclassified Military Articles issued by the Department
of State.
SEC. 8070. Notwithstanding any other provision of law, the
Chief of the National Guard Bureau, or his designee, may waive
payment of all or part of the consideration that otherwise would
be required under section 2667 of title 10, United States Code,
in the case of a lease of personal property for a period not in
excess of 1 year to any organization specified in section 508(d)
of title 32, United States Code, or any other youth, social, or
fraternal non-profit organization as may be approved by the Chief
of the National Guard Bureau, or his designee, on a case-by-case
basis.
SEC. 8071. None of the funds appropriated by this Act shall
be used for the support of any nonappropriated funds activity
of the Department of Defense that procures malt beverages and
wine with nonappropriated funds for resale (including such alcoholic
beverages sold by the drink) on a military installation located
in the United States unless such malt beverages and wine are
procured within that State, or in the case of the District of
Columbia, within the District of Columbia, in which the military
installation is located: Provided, That in a case in which the military
installation is located in more than one State, purchases may be
made in any State in which the installation is located: Provided
further, That such local procurement requirements for malt bev-
erages and wine shall apply to all alcoholic beverages only for
military installations in States which are not contiguous with
another State: Provided further, That alcoholic beverages other
than wine and malt beverages, in contiguous States and the District
of Columbia shall be procured from the most competitive source,
price and other factors considered.
SEC. 8072. Funds available to the Department of Defense for
the Global Positioning System during the current fiscal year may
be used to fund civil requirements associated with the satellite
and ground control segments of such system’s modernization pro-
gram.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8073. Of the amounts appropriated in this Act under
the heading ‘‘Operation and Maintenance, Army’’, $78,300,000 shall
remain available until expended: Provided, That notwithstanding
any other provision of law, the Secretary of Defense is authorized
to transfer such funds to other activities of the Federal Government:
Provided further, That the Secretary of Defense is authorized to
enter into and carry out contracts for the acquisition of real prop-
erty, construction, personal services, and operations related to
projects carrying out the purposes of this section: Provided further,
That contracts entered into under the authority of this section
may provide for such indemnification as the Secretary determines
Alcohol.
States.
District of
Columbia.
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PUBLIC LAW 109–289—SEPT. 29, 2006
to be necessary: Provided further, That projects authorized by this
section shall comply with applicable Federal, State, and local law
to the maximum extent consistent with the national security, as
determined by the Secretary of Defense.
SEC. 8074. Section 8106 of the Department of Defense Appro-
priations Act, 1997 (titles I through VIII of the matter under
subsection 101(b) of Public Law 104–208; 110 Stat. 3009–111; 10
U.S.C. 113 note) shall continue in effect to apply to disbursements
that are made by the Department of Defense in fiscal year 2007.
SEC. 8075. In addition to amounts provided elsewhere in this
Act, $2,500,000 is hereby appropriated to the Department of
Defense, to remain available for obligation until expended: Provided,
That notwithstanding any other provision of law, these funds shall
be available only for a grant to the Fisher House Foundation,
Inc., only for the construction and furnishing of additional Fisher
Houses to meet the needs of military family members when con-
fronted with the illness or hospitalization of an eligible military
beneficiary.
SEC. 8076. (a) The Secretary of Defense, in coordination with
the Secretary of Health and Human Services, may carry out a
program to distribute surplus dental and medical equipment of
the Department of Defense, at no cost to the Department of Defense,
to Indian Health Service facilities and to federally-qualified health
centers (within the meaning of section 1905(l)(2)(B) of the Social
Security Act (42 U.S.C. 1396d(l)(2)(B))).
(b) In carrying out this provision, the Secretary of Defense
shall give the Indian Health Service a property disposal priority
equal to the priority given to the Department of Defense and
its twelve special screening programs in distribution of surplus
dental and medical supplies and equipment.
SEC. 8077. Amounts appropriated in title II of this Act are
hereby reduced by $158,100,000 to reflect savings attributable to
efficiencies and management improvements in the funding of mis-
cellaneous or other contracts in the military departments, as follows:
(1) From ‘‘Operation and Maintenance, Army’’, $31,100,000.
(2) From ‘‘Operation and Maintenance, Navy’’, $35,000,000.
(3) From ‘‘Operation and Maintenance, Marine Corps’’,
$5,000,000.
(4) From ‘‘Operation and Maintenance, Air Force’’,
$87,000,000.
SEC. 8078. The total amount appropriated or otherwise made
available in this Act is hereby reduced by $71,000,000 to limit
excessive growth in the procurement of advisory and assistance
services, to be distributed as follows:
‘‘Operation and Maintenance, Army’’, $32,000,000.
‘‘Operation and Maintenance, Navy’’, $34,000,000.
‘‘Operation and Maintenance, Marine Corps’’, $5,000,000.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8079. Of the amounts appropriated in this Act under
the heading ‘‘Research, Development, Test and Evaluation, Defense-
Wide’’, $137,894,000 shall be made available for the Arrow missile
defense program: Provided, That of this amount, $53,000,000 shall
be available for the purpose of producing Arrow missile components
in the United States and Arrow missile components and missiles
in Israel to meet Israel’s defense requirements, consistent with
each nation’s laws, regulations and procedures, and $20,400,000
Government
property.
Native
Americans.
10 USC 113 note.
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PUBLIC LAW 109–289—SEPT. 29, 2006
shall be available for the purpose of the initiation of a joint feasi-
bility study designated the Short Range Ballistic Missile Defense
(SRBMD) initiative: Provided further, That funds made available
under this provision for production of missiles and missile compo-
nents may be transferred to appropriations available for the
procurement of weapons and equipment, to be merged with and
to be available for the same time period and the same purposes
as the appropriation to which transferred: Provided further, That
the transfer authority provided under this provision is in addition
to any other transfer authority contained in this Act.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8080. Of the amounts appropriated in this Act under
the heading ‘‘Shipbuilding and Conversion, Navy’’, $512,849,000
shall be available until September 30, 2007, to fund prior year
shipbuilding cost increases: Provided, That upon enactment of this
Act, the Secretary of the Navy shall transfer such funds to the
following appropriations in the amounts specified: Provided further,
That the amounts transferred shall be merged with and be available
for the same purposes as the appropriations to which transferred:
To:
Under the heading ‘‘Shipbuilding and Conversion,
Navy, 1999/2007’’:
New SSN, $20,000,000;
Under the heading ‘‘Shipbuilding and Conversion,
Navy, 2000/2007’’:
LPD–17 Amphibious Transport Dock Ship Pro-
gram, $66,049,000;
Under the heading ‘‘Shipbuilding and Conversion,
Navy, 2001/2007’’:
New SSN, $41,000,000;
Carrier Replacement Program, $318,400,000;
Under the heading ‘‘Shipbuilding and Conversion,
Navy, 2002/2007’’:
New SSN, $28,000,000;
Under the heading ‘‘Shipbuilding and Conversion,
Navy, 2003/2007’’:
New SSN, $22,000,000; and
Under the heading ‘‘Shipbuilding and Conversion,
Navy, 2005/2009’’:
LPD–17 Amphibious Transport Dock Ship Pro-
gram, $17,400,000.
SEC. 8081. The Secretary of the Navy may settle, or com-
promise, and pay any and all admiralty claims under section 7622
of title 10, United States Code, arising out of the collision involving
the U.S.S. GREENEVILLE and the EHIME MARU, in any amount
and without regard to the monetary limitations in subsections (a)
and (b) of that section: Provided, That such payments shall be
made from funds available to the Department of the Navy for
operation and maintenance.
SEC. 8082. Notwithstanding any other provision of law or regu-
lation, the Secretary of Defense may exercise the provisions of
section 7403(g) of title 38, United States Code, for occupations
listed in section 7403(a)(2) of title 38, United States Code, as
well as the following:
Pharmacists, Audiologists, and Dental Hygienists:
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(A) The requirements of section 7403(g)(1)(A) of title
38, United States Code, shall apply.
(B) The limitations of section 7403(g)(1)(B) of title 38,
United States Code, shall not apply.
SEC. 8083. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, 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) during fiscal year 2007 until the enactment of the Intelligence
Authorization Act for fiscal year 2007.
SEC. 8084. None of the funds in this Act may be used to
initiate a new start program without prior written notification
to the Office of Secretary of Defense and the congressional defense
committees.
SEC. 8085. (a) In addition to the amounts provided elsewhere
in this Act, the amount of $5,400,000 is hereby appropriated to
the Department of Defense for ‘‘Operation and Maintenance, Army
National Guard’’. Such amount shall be made available to the
Secretary of the Army only to make a grant in the amount of
$5,400,000 to the entity specified in subsection (b) to facilitate
access by veterans to opportunities for skilled employment in the
construction industry.
(b) The entity referred to in subsection (a) is the Center for
Military Recruitment, Assessment and Veterans Employment, a
nonprofit labor-management co-operation committee provided for
by section 302(c)(9) of the Labor-Management Relations Act, 1947
(29 U.S.C. 186(c)(9)), for the purposes set forth in section 6(b)
of the Labor Management Cooperation Act of 1978 (29 U.S.C. 175a
note).
SEC. 8086. FINANCING AND FIELDING OF KEY ARMY CAPABILI-
TIES. The Department of Defense and the Department of the Army
shall make future budgetary and programming plans to fully finance
the Non-Line of Sight Future Force cannon (NLOS–C) and a
compatible large caliber ammunition resupply capability for this
system supported by the Future Combat Systems (FCS) Brigade
Combat Team (BCT) in order to field this system in fiscal year
2010: Provided, That the Army shall develop the NLOS–C inde-
pendent of the broader FCS development timeline to achieve fielding
by fiscal year 2010. In addition the Army will deliver eight (8)
combat operational pre-production NLOS–C systems by the end
of calendar year 2008. These systems shall be in addition to those
systems necessary for developmental and operational testing: Pro-
vided further, That the Army shall ensure that budgetary and
programmatic plans will provide for no fewer than seven (7) Stryker
Brigade Combat Teams.
SEC. 8087. Up to $2,000,000 of the funds appropriated under
the heading ‘‘Operation and Maintenance, Navy’’ in this Act for
the Pacific Missile Range Facility may be made available to contract
for the repair, maintenance, and operation of adjacent off-base
water, drainage, and flood control systems, electrical upgrade to
support additional missions critical to base operations, and support
for a range footprint expansion to further guard against encroach-
ment.
SEC. 8088. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $11,100,000 is hereby appro-
priated to the Department of Defense, to remain available until
September 30, 2007: Provided, That the Secretary of Defense shall
Grants.
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make grants in the amounts specified as follows: $4,500,000 to
the Intrepid Sea-Air-Space Foundation; $2,600,000 to the Center
for Applied Science and Technologies at Jordan Valley Innovation
Center; $1,000,000 to the Women in Military Service for America
Memorial Foundation; $2,000,000 to The Presidio Trust; and,
$1,000,000 to the Red Cross Consolidated Blood Services Facility.
SEC. 8089. The budget of the President for fiscal year 2008
submitted to the Congress pursuant to section 1105 of title 31,
United States Code, shall include separate budget justification docu-
ments for costs of United States Armed Forces’ participation in
contingency operations for the Military Personnel accounts, the
Operation and Maintenance accounts, and the Procurement
accounts: Provided, That these documents shall include a descrip-
tion of the funding requested for each contingency operation, for
each military service, to include all Active and Reserve components,
and for each appropriations account: Provided further, That these
documents shall include estimated costs for each element of expense
or object class, a reconciliation of increases and decreases for each
contingency operation, and programmatic data including, but not
limited to, troop strength for each Active and Reserve component,
and estimates of the major weapons systems deployed in support
of each contingency: Provided further, That these documents shall
include budget exhibits OP–5 and OP–32 (as defined in the Depart-
ment of Defense Financial Management Regulation) for all contin-
gency operations for the budget year and the two preceding fiscal
years.
SEC. 8090. None of the funds in this Act may be used for
research, development, test, evaluation, procurement or deployment
of nuclear armed interceptors of a missile defense system.
SEC. 8091. Of the amounts provided in title II of this Act
under the heading ‘‘Operation and Maintenance, Defense-Wide’’,
$20,000,000 is available for the Regional Defense Counter-terrorism
Fellowship Program, to fund the education and training of foreign
military officers, ministry of defense civilians, and other foreign
security officials, to include United States military officers and
civilian officials whose participation directly contributes to the edu-
cation and training of these foreign students.
SEC. 8092. None of the funds appropriated or made available
in this Act shall be used to reduce or disestablish the operation
of the 53rd Weather Reconnaissance Squadron of the Air Force
Reserve, if such action would reduce the WC–130 Weather Recon-
naissance mission below the levels funded in this Act: Provided,
That the Air Force shall allow the 53rd Weather Reconnaissance
Squadron to perform other missions in support of national defense
requirements during the non-hurricane season.
SEC. 8093. None of the funds provided in this Act shall be
available for integration of foreign intelligence information unless
the information has been lawfully collected and processed during
the conduct of authorized foreign intelligence activities: Provided,
That information pertaining to United States persons shall only
be handled in accordance with protections provided in the Fourth
Amendment of the United States Constitution as implemented
through Executive Order No. 12333.
SEC. 8094. (a) At the time members of reserve components
of the Armed Forces are called or ordered to active duty under
section 12302(a) of title 10, United States Code, each member
Notification.
Deployment.
Budget, Federal.
10 USC 221 note.
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shall be notified in writing of the expected period during which
the member will be mobilized.
(b) The Secretary of Defense may waive the requirements of
subsection (a) in any case in which the Secretary determines that
it is necessary to do so to respond to a national security emergency
or to meet dire operational requirements of the Armed Forces.
SEC. 8095. None of the funds available to the Department
of Defense may be obligated to modify command and control rela-
tionships to give Fleet Forces Command administrative and oper-
ational control of U.S. Navy forces assigned to the Pacific fleet:
Provided, That the command and control relationships which
existed on October 1, 2004, shall remain in force unless changes
are specifically authorized in a subsequent Act.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8096. The Secretary of Defense may transfer funds from
any available Department of the Navy appropriation to any avail-
able Navy ship construction appropriation for the purpose of liqui-
dating necessary changes resulting from inflation, market fluctua-
tions, or rate adjustments for any ship construction program appro-
priated in law: Provided, That the Secretary may transfer not
to exceed $100,000,000 under the authority provided by this section:
Provided further, That the Secretary may not transfer any funds
until 30 days after the proposed transfer has been reported to
the Committees on Appropriations of the Senate and the House
of Representatives, unless sooner notified by the Committees that
there is no objection to the proposed transfer: Provided further,
That the transfer authority provided by this section is in addition
to any other transfer authority contained elsewhere in this Act.
SEC. 8097. (a) The total amount appropriated or otherwise
made available in title II of this Act is hereby reduced by
$85,000,000 to limit excessive growth in the travel and transpor-
tation of persons.
(b) The Secretary of Defense shall allocate this reduction propor-
tionately to each budget activity, activity group, subactivity group,
and each program, project, and activity within each applicable
appropriation account.
SEC. 8098. In addition to funds made available elsewhere in
this Act, $5,500,000 is hereby appropriated and shall remain avail-
able until expended to provide assistance, by grant or otherwise
(such as, but not limited to, the provision of funds for repairs,
maintenance, construction, and/or for the purchase of information
technology, text books, teaching resources), to public schools that
have unusually high concentrations of special needs military
dependents enrolled: Provided, That in selecting school systems
to receive such assistance, special consideration shall be given to
school systems in States that are considered overseas assignments,
and all schools within these school systems shall be eligible for
assistance: Provided further, That up to 2 percent of the total
appropriated funds under this section shall be available to support
the administration and execution of the funds or program and/
or events that promote the purpose of this appropriation (e.g. pay-
ment of travel and per diem of school teachers attending conferences
or a meeting that promotes the purpose of this appropriation and/
or consultant fees for on-site training of teachers, staff, or Joint
Venture Education Forum (JVEF) Committee members): Provided
further, That up to $2,000,000 shall be available for the Department
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of Defense to establish a non-profit trust fund to assist in the
public-private funding of public school repair and maintenance
projects, or provide directly to non-profit organizations who in
return will use these monies to provide assistance in the form
of repair, maintenance, or renovation to public school systems that
have high concentrations of special needs military dependents and
are located in States that are considered overseas assignments:
Provided further, That to the extent a Federal agency provides
this assistance, by contract, grant, or otherwise, it may accept
and expend non-Federal funds in combination with these Federal
funds to provide assistance for the authorized purpose, if the non-
Federal entity requests such assistance and the non-Federal funds
are provided on a reimbursable basis.
SEC. 8099. The Secretary of the Air Force is authorized, using
funds available under the heading ‘‘Operation and Maintenance,
Air Force’’, to complete a phased repair project, which repairs
may include upgrades and additions, to the infrastructure of the
operational ranges managed by the Air Force in Alaska: Provided,
That the total cost of such phased projects shall not exceed
$50,000,000.
SEC. 8100. For purposes of section 612 of title 41, United
States Code, any subdivision of appropriations made under the
heading ‘‘Shipbuilding and Conversion, Navy’’ that is not closed
at the time reimbursement is made shall be available to reimburse
the Judgment Fund and shall be considered for the same purposes
as any subdivision under the heading ‘‘Shipbuilding and Conversion,
Navy’’ appropriations in the current fiscal year or any prior fiscal
year.
SEC. 8101. (a) None of the funds appropriated by this Act
may be used to transfer research and development, acquisition,
or other program authority relating to current tactical unmanned
aerial vehicles (TUAVs) from the Army.
(b) The Army shall retain responsibility for and operational
control of the Extended Range Multi-Purpose (ERMP) Unmanned
Aerial Vehicle (UAV) in order to support the Secretary of Defense
in matters relating to the employment of unmanned aerial vehicles.
SEC. 8102. Of the funds provided in this Act, $8,100,000 shall
be available for the operations and development of training and
technology for the Joint Interagency Training Center-East and the
affiliated Center for National Response at the Memorial Tunnel
and for providing homeland defense/security and traditional
warfighting training to the Department of Defense, other Federal
agency, and State and local first responder personnel at the Joint
Interagency Training Center-East.
SEC. 8103. The authority to conduct a continuing cooperative
program in the proviso in title II of Public Law 102–368 under
the heading ‘‘Research, Development, Test and Evaluation, Defense
Agencies’’ (106 Stat. 1121) shall be extended through September
30, 2008, in cooperation with NELHA.
SEC. 8104. The Secretary of Defense may present promotional
materials, including a United States flag, to any member of an
Active or Reserve component under the Secretary’s jurisdiction who,
as determined by the Secretary, participates in Operation Enduring
Freedom or Operation Iraqi Freedom, along with other recognition
items in conjunction with any week-long national observation and
day of national celebration, if established by Presidential proclama-
tion, for any such members returning from such operations.
Extension.
Research and
development.
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SEC. 8105. Up to $10,000,000 of the funds appropriated under
the heading, ‘‘Operation and Maintenance, Navy’’ may be made
available for the Asia Pacific Regional Initiative Program for the
purpose of enabling the Pacific Command to execute Theater Secu-
rity Cooperation activities such as humanitarian assistance, and
payment of incremental and personnel costs of training and exer-
cising with foreign security forces: Provided, That funds made avail-
able for this purpose may be used, notwithstanding any other
funding authorities for humanitarian assistance, security assistance
or combined exercise expenses: Provided further, That funds may
not be obligated to provide assistance to any foreign country that
is otherwise prohibited from receiving such type of assistance under
any other provision of law.
SEC. 8106. Notwithstanding any other provision of this Act,
to reflect savings from revised economic assumptions the total
amount appropriated in title II of this Act is hereby reduced by
$401,925,000, the total amount appropriated in title III of this
Act is hereby reduced by $325,000,000, the total amount appro-
priated in title IV of this Act is hereby reduced by $286,000,000,
the total amount appropriated in title V of this Act is hereby
reduced by $9,500,000, the total amount appropriated in title VI
of this Act is hereby reduced by $9,500,000, and the total amount
appropriated in title VII of this Act is hereby reduced by $2,500,000:
Provided, That the Secretary of Defense shall allocate this reduction
proportionally to each budget activity, activity group, subactivity
group, and each program, project, and activity, within each appro-
priation account: Provided further, That this reduction shall not
apply to ‘‘Central Intelligence Agency Retirement and Disability
System Fund’’.
SEC. 8107. The Secretary of Defense shall, not later than 90
days after the enactment of this Act, submit to the congressional
defense committees a report detailing the efforts by the Department
of Defense Education Activity (DoDEA) to address dyslexia in stu-
dents at DoDEA schools: Provided, That this report shall include
a description of funding provided in this and other Department
of Defense Appropriations Acts used by DoDEA schools to address
dyslexia.
SEC. 8108. (a) LIMITATION ON RETIREMENT PENDING REPORT
ON BOMBER FORCE STRUCTURE.—No funds appropriated for the
Department of Defense may be obligated or expended for retiring
or dismantling any of the 93 B–52H bomber aircraft in service
in the Air Force as of June 1, 2006, until 30 days after the Secretary
of the Air Force transmits to the congressional defense committees
a report on the bomber force structure of the Air Force meeting
the requirements of subsection (b).
(b) ELEMENTS.—The report under subsection (a) shall set forth
the following:
(1) The plan of the Air Force for the modernization of
the B–52H bomber aircraft fleet.
(2) The plans of the Air Force for the modernization of
the balance of the bomber force structure.
(3) The amount and type of bombers in the bomber force
structure that is appropriate to meet the requirements of the
national security strategy of the United States.
(4) An analyses and justification of the cost and projected
savings of any reductions to the B–52H bomber fleet as a
Reports.
Deadline.
Dyslexia.
Students.
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result of the retirement or dismantlement of the B–52H bomber
aircraft covered by the report.
(5) The current assessments for the useful life of each
of the bomber aircraft in the Air Force inventory under the
Aircraft Structural Integrity Program, any flight restrictions
against each of the bomber aircraft in the Air Force inventory,
and an analysis of any funding required for modifications
designed to correct a problem that threatens grounding all
or a portion of that aircraft fleet.
(6) The date by which any new bomber aircraft must reach
initial operational capability and the capabilities of the bomber
force structure that would be replaced or superseded by any
new bomber aircraft.
(7) An assessment of the likelihood that the development
of a new bomber aircraft will meet the current schedule of
reaching initial operational capability by 2018.
(8) An assessment of the risk to national security of retiring
a substantial portion of our bomber fleet, including a consider-
ation of the additional risk if the development of a new bomber
aircraft does not meet the current schedule of reaching initial
operational capability by 2018.
(c) PREPARATION OF REPORT.—A report under this section shall
be prepared and submitted by the Institute of Defense Analyses
to the Secretary of the Air Force for transmittal by the Secretary
in accordance with subsection (a).
(d) FORM.—The report under subsection (a) shall be in unclassi-
fied form, but may include a classified annex.
SEC. 8109. Notwithstanding the first section of Public Law
85–804 (50 U.S.C. 1431), in the event a notice on the modification
of a contract described in that section is submitted to the Commit-
tees on Armed Services of the Senate and the House of Representa-
tives by the Army Contract Adjustment Board during the period
beginning on July 28, 2006, and ending on the date of the adjourn-
ment of the 109th Congress sine die, such contract may be modified
in accordance with such notice commencing on the earlier of—
(1) the date that is 60 calendar days after the date of
such notice; or
(2) the date of the adjournment of the 109th Congress
sine die.
SEC. 8110. (a) Except as provided in subsection (b), the Sec-
retary of the Air Force shall, not later than March 31, 2007, submit
to the congressional defense committees a cost-benefit analysis of
significant proposed realignments or closures of research and
development or test and evaluation installations, activities, facili-
ties, laboratories, units, functions, or capabilities of the Air Force.
The analysis shall include an evaluation of missions served and
alternatives considered and of the benefits, costs, risks, and other
considerations associated with each such proposed realignment or
closure.
(b) The requirement under subsection (a) does not apply to
realignment and closure activities carried out in accordance with
the final recommendations of the Defense Base Closure and Realign-
ment Commission under the 2005 round of defense base closure
and realignment.
(c) None of the funds appropriated or otherwise made available
in this Act may be used to transfer from Eglin Air Force Base,
Florida, to any other location, or otherwise to divest from that
Deadline.
Analysis.
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base, any test and evaluation facility or test and evaluation activity
that as of the beginning of fiscal year 2007 is located or conducted
at that base.
SEC. 8111. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended to implement
any provision of the National Security Personnel System under
chapter 99 of title 5, United States Code, that deviates from any
provision relating to labor-management relations, adverse actions,
or appeals under chapter 71, 75, or 77 of title 5, United States
Code, or from any regulations prescribed under such chapter 71,
75, or 77: Provided, That the limitation in this section shall cease
to apply to the extent that the decision of the court in AFGE
v. Rumsfeld (442 F. Supp. 2d 16 (D.D.C. 2006)) is reversed on
appeal.
SEC. 8112. Except as expressly provided otherwise, any ref-
erence to ‘‘this Act’’ contained in this division shall be referring
only to the provisions of this division.
TITLE IX
ADDITIONAL APPROPRIATIONS
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For an additional amount for ‘‘Military Personnel, Army’’,
$4,346,710,000.
MILITARY PERSONNEL, NAVY
For an additional amount for ‘‘Military Personnel, Navy’’,
$143,296,000.
MILITARY PERSONNEL, MARINE CORPS
For an additional amount for ‘‘Military Personnel, Marine
Corps’’, $145,576,000.
MILITARY PERSONNEL, AIR FORCE
For an additional amount for ‘‘Military Personnel, Air Force’’,
$351,788,000.
RESERVE PERSONNEL, ARMY
For an additional amount for ‘‘Reserve Personnel, Army’’,
$87,756,000.
RESERVE PERSONNEL, MARINE CORPS
For an additional amount for ‘‘Reserve Personnel, Marine
Corps’’, $15,420,000.
NATIONAL GUARD PERSONNEL, ARMY
For an additional amount for ‘‘National Guard Personnel,
Army’’, $295,959,000.
1 USC 1 note.
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OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, ARMY
For an additional amount for ‘‘Operation and Maintenance,
Army’’, $28,364,102,000.
OPERATION AND MAINTENANCE, NAVY
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Operation and Maintenance,
Navy’’, $1,615,288,000: Provided, That up to $90,000,000 shall be
transferred to the Coast Guard ‘‘Operating Expenses’’ account.
OPERATION AND MAINTENANCE, MARINE CORPS
For an additional amount for ‘‘Operation and Maintenance,
Marine Corps’’, $2,689,006,000.
OPERATION AND MAINTENANCE, AIR FORCE
For an additional amount for ‘‘Operation and Maintenance,
Air Force’’, $2,688,189,000.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
For an additional amount for ‘‘Operation and Maintenance,
Defense-Wide’’, $2,774,963,000, of which up to $900,000,000, to
remain available until expended, may be used for payments to
reimburse Pakistan, Jordan, and other key cooperating nations,
for logistical, military, and other support provided, or to be provided,
to United States military operations, notwithstanding any other
provision of law: Provided, That such payments may be made in
such amounts as the Secretary of Defense, with the concurrence
of the Secretary of State, and in consultation with the Director
of the Office of Management and Budget, may determine, in his
discretion, based on documentation determined by the Secretary
of Defense to adequately account for the support provided, and
such determination is final and conclusive upon the accounting
officers of the United States, and 15 days following notification
to the appropriate congressional committees: Provided further, That
the Secretary of Defense shall provide quarterly reports to the
congressional defense committees on the use of funds provided
in this paragraph.
OPERATION AND MAINTENANCE, ARMY RESERVE
For an additional amount for ‘‘Operation and Maintenance,
Army Reserve’’, $211,600,000.
OPERATION AND MAINTENANCE, NAVY RESERVE
For an additional amount for ‘‘Operation and Maintenance,
Navy Reserve’’, $9,886,000.
Reports.
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OPERATION AND MAINTENANCE, MARINE CORPS RESERVE
For an additional amount for ‘‘Operation and Maintenance,
Marine Corps Reserve’’, $48,000,000.
OPERATION AND MAINTENANCE, AIR FORCE RESERVE
For an additional amount for ‘‘Operation and Maintenance,
Air Force Reserve’’, $65,000,000.
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD
For an additional amount for ‘‘Operation and Maintenance,
Army National Guard’’, $424,000,000.
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
For an additional amount for ‘‘Operation and Maintenance,
Air National Guard’’, $200,000,000.
IRAQ FREEDOM FUND
(INCLUDING TRANSFER OF FUNDS)
For 
an 
additional 
amount 
for 
‘‘Iraq 
Freedom 
Fund’’,
$50,000,000, to remain available for transfer until September 30,
2008, only to support operations in Iraq or Afghanistan: Provided,
That the Secretary of Defense may transfer the funds provided
herein to appropriations for military personnel; operation and
maintenance; Overseas Humanitarian, Disaster, and Civic Aid;
procurement; research, development, test and evaluation; and
working capital funds: Provided further, That funds transferred
shall be merged with and be available for the same purposes and
for the same time period as the appropriation or fund to which
transferred: Provided further, That this transfer authority is in
addition to any other transfer authority available to the Department
of Defense: Provided further, That upon a determination that all
or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may
be transferred back to this appropriation: Provided further, That
the Secretary of Defense shall, not fewer than 5 days prior to
making transfers from this appropriation, notify the congressional
defense committees in writing of the details of any such transfer:
Provided further, That the Secretary shall submit a report no later
than 30 days after the end of each fiscal quarter to the congressional
defense committees summarizing the details of the transfer of funds
from this appropriation.
AFGHANISTAN SECURITY FORCES FUND
(INCLUDING TRANSFER OF FUNDS)
For the ‘‘Afghanistan Security Forces Fund’’, $1,500,000,000,
to remain available until September 30, 2008: Provided, That such
funds shall be available to the Secretary of Defense, notwith-
standing any other provision of law, for the purpose of allowing
the Commander, Office of Security Cooperation—Afghanistan, or
the Secretary’s designee, to provide assistance, with the concurrence
of the Secretary of State, to the security forces of Afghanistan,
Reports.
Deadline.
Notification.
Deadline.
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including the provision of equipment, supplies, services, training,
facility and infrastructure repair, renovation, and construction, and
funding: Provided further, That the authority to provide assistance
under this heading is in addition to any other authority to provide
assistance to foreign nations: Provided further, That the Secretary
of Defense may transfer such funds to appropriations for military
personnel; operation and maintenance; Overseas Humanitarian,
Disaster, and Civic Aid; procurement; research, development, test
and evaluation; and defense working capital funds to accomplish
the purposes provided herein: Provided further, That this transfer
authority is in addition to any other transfer authority available
to the Department of Defense: Provided further, That upon a deter-
mination that all or part of the funds so transferred from this
appropriation are not necessary for the purposes provided herein,
such amounts may be transferred back to this appropriation: Pro-
vided further, That contributions of funds for the purposes provided
herein from any person, foreign government, or international
organization may be credited to this Fund, and used for such
purposes: Provided further, That the Secretary shall notify the
congressional defense committees in writing upon the receipt and
upon the transfer of any contribution delineating the sources and
amounts of the funds received and the specific use of such contribu-
tions: Provided further, That the Secretary of Defense shall, not
fewer than five days prior to making transfers from this appropria-
tion account, notify the congressional defense committees in writing
of the details of any such transfer: Provided further, That the
Secretary shall submit a report no later than 30 days after the
end of each fiscal quarter to the congressional defense committees
summarizing the details of the transfer of funds from this appropria-
tion.
IRAQ SECURITY FORCES FUND
(INCLUDING TRANSFER OF FUNDS)
For the ‘‘Iraq Security Forces Fund’’, $1,700,000,000, to remain
available until September 30, 2008: Provided, That such funds
shall be available to the Secretary of Defense, notwithstanding
any other provision of law, for the purpose of allowing the Com-
mander, Multi-National Security Transition Command—Iraq, or the
Secretary’s designee, to provide assistance, with the concurrence
of the Secretary of State, to the security forces of Iraq, including
the provision of equipment, supplies, services, training, facility and
infrastructure repair, renovation, and construction, and funding:
Provided further, That the authority to provide assistance under
this heading is in addition to any other authority to provide assist-
ance to foreign nations: Provided further, That the Secretary of
Defense may transfer such funds to appropriations for military
personnel; operation and maintenance; Overseas Humanitarian,
Disaster, and Civic Aid; procurement; research, development, test
and evaluation; and defense working capital funds to accomplish
the purposes provided herein: Provided further, That this transfer
authority is in addition to any other transfer authority available
to the Department of Defense: Provided further, That upon a deter-
mination that all or part of the funds so transferred from this
appropriation are not necessary for the purposes provided herein,
such amounts may be transferred back to this appropriation: Pro-
vided further, That contributions of funds for the purposes provided
Reports.
Deadline.
Notification.
Deadline.
Notification.
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herein from any person, foreign government, or international
organization may be credited to this Fund, and used for such
purposes: Provided further, That the Secretary shall notify the
congressional defense committees in writing upon the receipt and
upon the transfer of any contribution delineating the sources and
amounts of the funds received and the specific use of such contribu-
tions: Provided further, That the Secretary of Defense shall, not
fewer than five days prior to making transfers from this appropria-
tion account, notify the congressional defense committees in writing
of the details of any such transfer: Provided further, That the
Secretary shall submit a report no later than 30 days after the
end of each fiscal quarter to the congressional defense committees
summarizing the details of the transfer of funds from this appropria-
tion.
JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND
(INCLUDING TRANSFER OF FUNDS)
For the ‘‘Joint Improvised Explosive Device Defeat Fund’’,
$1,920,700,000, to remain available until September 30, 2009: Pro-
vided, That such funds shall be available to the Secretary of
Defense, notwithstanding any other provision of law, for the purpose
of allowing the Director of the Joint Improvised Explosive Device
Defeat Organization to investigate, develop and provide equipment,
supplies, services, training, facilities, personnel and funds to assist
United States forces in the defeat of improvised explosive devices:
Provided further, That within 60 days of the enactment of this
Act, a plan for the intended management and use of the Fund
is provided to the congressional defense committees: Provided fur-
ther, That the Secretary of Defense shall submit a report not later
than 30 days after the end of each fiscal quarter to the congressional
defense committees providing assessments of the evolving threats,
individual service requirements to counter the threats, the current
strategy for predeployment training of members of the Armed Forces
on improvised explosive devices, and details on the execution of
this Fund: Provided further, That the Secretary of Defense may
transfer funds provided herein to appropriations for military per-
sonnel; operation and maintenance; procurement; research, develop-
ment, test and evaluation; and defense working capital funds to
accomplish the purpose provided herein: Provided further, That
this transfer authority is in addition to any other transfer authority
available to the Department of Defense: Provided further, That
upon determination that all or part of the funds so transferred
from this appropriation are not necessary for the purpose provided
herein, such amounts may be transferred back to this appropriation:
Provided further, That the Secretary of Defense shall, not fewer
than 5 days prior to making transfers from this appropriation,
notify the congressional defense committees in writing of the details
of any such transfer.
PROCUREMENT
AIRCRAFT PROCUREMENT, ARMY
For an additional amount for ‘‘Aircraft Procurement, Army’’,
$1,461,300,000, to remain available for obligation until September
30, 2009.
Notification.
Deadline.
Reports.
Deadline.
Management
plan.
Deadline.
Reports.
Deadline.
Notification.
Deadline.
Notification.
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PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES,
ARMY
For an additional amount for ‘‘Procurement of Weapons and
Tracked Combat Vehicles, Army’’, $3,393,230,000, to remain avail-
able for obligation until September 30, 2009.
PROCUREMENT OF AMMUNITION, ARMY
For an additional amount for ‘‘Procurement of Ammunition,
Army’’, $237,750,000, to remain available for obligation until Sep-
tember 30, 2009.
OTHER PROCUREMENT, ARMY
For an additional amount for ‘‘Other Procurement, Army’’,
$5,003,995,000, to remain available for obligation until September
30, 2009.
AIRCRAFT PROCUREMENT, NAVY
For an additional amount for ‘‘Aircraft Procurement, Navy’’,
$486,881,000, to remain available for obligation until September
30, 2009.
WEAPONS PROCUREMENT, NAVY
For an additional amount for ‘‘Weapons Procurement, Navy’’,
$109,400,000, to remain available for obligation until September
30, 2009.
PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS
For an additional amount for ‘‘Procurement of Ammunition,
Navy and Marine Corps’’, $127,880,000, to remain available for
obligation until September 30, 2009.
OTHER PROCUREMENT, NAVY
For an additional amount for ‘‘Other Procurement, Navy’’,
$319,965,000, to remain available for obligation until September
30, 2009.
PROCUREMENT, MARINE CORPS
For an additional amount for ‘‘Procurement, Marine Corps’’,
$4,898,269,000, to remain available for obligation until September
30, 2009.
AIRCRAFT PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Aircraft Procurement, Air Force’’,
$2,291,300,000, to remain available for obligation until September
30, 2009.
MISSILE PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Missile Procurement, Air Force’’,
$32,650,000, to remain available for obligation until September
30, 2009.
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OTHER PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Other Procurement, Air Force’’,
$1,317,607,000, to remain available for obligation until September
30, 2009.
PROCUREMENT, DEFENSE-WIDE
For an additional amount for ‘‘Procurement, Defense-Wide’’,
$145,555,000, to remain available for obligation until September
30, 2009.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Navy’’, $231,106,000, to remain available until
September 30, 2008.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Air Force’’, $36,964,000, to remain available until
September 30, 2008.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Defense-Wide’’, $139,644,000, to remain available
until September 30, 2008.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE
For an additional amount for ‘‘Drug Interdiction and Counter-
Drug Activities, Defense’’, $100,000,000.
RELATED AGENCIES
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
For an additional amount for ‘‘Intelligence Community Manage-
ment Account’’, $19,265,000, to remain available until September
30, 2008.
GENERAL PROVISIONS
SEC. 9001. Appropriations provided in this title are available
for obligation until September 30, 2007, unless otherwise so pro-
vided 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.
(TRANSFER OF FUNDS)
SEC. 9003. Upon his determination that such action is necessary
in the national interest, the Secretary of Defense may transfer
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between appropriations up to $3,000,000,000 of the funds made
available to the Department of Defense in this title: Provided,
That the Secretary 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 congressional defense committees.
SEC. 9006. (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 Com-
mander’s Emergency Response Program, for the purpose of enabling
military commanders in Iraq to respond to urgent humanitarian
relief and reconstruction requirements within their areas of respon-
sibility by carrying out programs that will immediately assist the
Iraqi people, and to fund a similar program 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 Defense 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. 9007. Amounts provided in this title for operations in
Iraq and Afghanistan may be used by the Department of Defense
for the purchase of up to 20 heavy and light armored vehicles
for force protection purposes, notwithstanding price or other limita-
tions specified elsewhere in this Act, or any other provision of
law: Provided, That the Secretary of Defense shall submit a report
in writing no later than 30 days after the end of each fiscal quarter
notifying the congressional defense committees of any purchase
described in this section, including the cost, purposes, and quantities
of vehicles purchased.
SEC. 9008. During the current fiscal year, funds available to
the Department of Defense for operation and maintenance may
be used, notwithstanding any other provision of law, to provide
supplies, services, transportation, including airlift and sealift, and
other logistical support to coalition forces supporting military and
stability operations in Iraq and Afghanistan: Provided, That the
Secretary of Defense shall provide quarterly reports to the congres-
sional defense committees regarding support provided under this
section.
Reports.
Reports.
Deadline.
Deadline.
Notification.
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SEC. 9009. Supervision and administration costs associated with
a construction project funded with appropriations available for oper-
ation and maintenance, and executed 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. (a) Not later than 60 days after the date of the
enactment of this Act and every 90 days thereafter through the
end of fiscal year 2007, the Secretary of Defense shall set forth
in a report to Congress a comprehensive set of performance indica-
tors and measures for progress toward military and political sta-
bility in Iraq.
(b) The report shall include performance standards and goals
for security, economic, and security force training objectives in
Iraq together with a notional timetable for achieving these goals.
(c) In specific, the report requires, at a minimum, the following:
(1) With respect to stability and security in Iraq, the fol-
lowing:
(A) Key measures of political stability, including the
important political milestones that must be achieved over
the next several years.
(B) The primary indicators of a stable security environ-
ment in Iraq, such as number of engagements per day,
numbers of trained Iraqi forces, and trends relating to
numbers and types of ethnic and religious-based hostile
encounters.
(C) An assessment of the estimated strength of the
insurgency in Iraq and the extent to which it is composed
of non-Iraqi fighters.
(D) A description of all militias operating in Iraq,
including the number, size, equipment strength, military
effectiveness, sources of support, legal status, and efforts
to disarm or reintegrate each militia.
(E) Key indicators of economic activity that should
be considered the most important for determining the pros-
pects of stability in Iraq, including—
(i) unemployment levels;
(ii) electricity, water, and oil production rates; and
(iii) hunger and poverty levels.
(F) The criteria the Administration will use to deter-
mine when it is safe to begin withdrawing United States
forces from Iraq.
(2) With respect to the training and performance of security
forces in Iraq, the following:
(A) The training provided Iraqi military and other
Ministry of Defense forces and the equipment used by
such forces.
(B) Key criteria for assessing the capabilities and readi-
ness of the Iraqi military and other Ministry of Defense
forces, goals for achieving certain capability and readiness
levels (as well as for recruiting, training, and equipping
these forces), and the milestones and notional timetable
for achieving these goals.
(C) The operational readiness status of the Iraqi mili-
tary forces, including the type, number, size, and organiza-
tional structure of Iraqi battalions that are—
Reports.
Deadline.
Iraq.
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(i) capable of conducting counterinsurgency oper-
ations independently;
(ii) capable of conducting counterinsurgency oper-
ations with the support of United States or coalition
forces; or
(iii) not ready to conduct counterinsurgency oper-
ations.
(D) The rates of absenteeism in the Iraqi military
forces and the extent to which insurgents have infiltrated
such forces.
(E) The training provided Iraqi police and other Min-
istry of Interior forces and the equipment used by such
forces.
(F) Key criteria for assessing the capabilities and readi-
ness of the Iraqi police and other Ministry of Interior
forces, goals for achieving certain capability and readiness
levels (as well as for recruiting, training, and equipping),
and the milestones and notional timetable for achieving
these goals, including—
(i) the number of police recruits that have received
classroom training and the duration of such instruc-
tion;
(ii) the number of veteran police officers who have
received classroom instruction and the duration of such
instruction;
(iii) the number of police candidates screened by
the Iraqi Police Screening Service, the number of can-
didates derived from other entry procedures, and the
success rates of those groups of candidates;
(iv) the number of Iraqi police forces who have
received field training by international police trainers
and the duration of such instruction; and
(v) attrition rates and measures of absenteeism
and infiltration by insurgents.
(G) The estimated total number of Iraqi battalions
needed for the Iraqi security forces to perform duties now
being undertaken by coalition forces, including defending
the borders of Iraq and providing adequate levels of law
and order throughout Iraq.
(H) The effectiveness of the Iraqi military and police
officer cadres and the chain of command.
(I) The number of United States and coalition advisors
needed to support the Iraqi security forces and associated
ministries.
(J) An assessment, in a classified annex if necessary,
of United States military requirements, including planned
force rotations, through the end of calendar year 2007.
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 Recovery, 2006 are hereby
designated as emergency requirements pursuant to section 402
of H. Con. Res. 95 (109th Congress), the concurrent resolution
on the budget for fiscal year 2006.
SEC. 9012. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended by the United
States Government for a purpose as follows:
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(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq.
SEC. 9013. Each amount appropriated or otherwise made avail-
able in this title is designated as making appropriations for contin-
gency 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 Congress),
and as an emergency requirement pursuant to section 402 of S.
Con. Res. 83 (109th Congress) as made applicable to the Senate
by section 7035 of Public Law 109–234.
(INCLUDING TRANSFER OF FUNDS)
SEC. 9014. (a) Congress makes the following findings:
(1) Despite the signing of the Darfur Peace Agreement
on May 5, 2006, the violence in Darfur, Sudan, continues to
escalate and threatens to spread to other areas of Sudan and
throughout the region.
(2) The African Union Mission in Sudan (AMIS) currently
serves as the primary security force in Darfur, but it is hoped
that a United Nations peacekeeping force can be deployed to
the region.
(3) The continued presence of a peacekeeping force in
Darfur, Sudan, is critical to curbing the spread of violence
in the region.
(b) Of the funds appropriated in this title under the heading
‘‘Operation and Maintenance, Defense-Wide’’, $20,000,000 shall be
made available only for transfer to the Department of State ‘‘Peace-
keeping Operations’’ account to support peacekeeping activities in
Sudan: Provided, That these funds shall be transferred by the
Secretary of Defense if he determines such amounts are required
to assist in peacekeeping activities.
(c) The transfer authority in this section is in addition to
any other transfer authority available to the Department of Defense.
(d) The Secretary shall, not fewer than five days prior to making
transfers under this authority, notify the congressional defense
committees in writing of the details of any such transfer.
SEC. 9015. 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 Restruc-
turing Act of 1998 (division G of Public Law 105–277; 112
Stat. 2681–822; 8 U.S.C. 1231 note) and any regulations pre-
scribed thereto, including 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 Hurri-
canes in the Gulf of Mexico, and Pandemic Influenza Act,
2006 (Public Law 109–148).
Notification.
Deadline.
Sudan.
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SEC. 9016. PROHIBITION
ON PAYMENT
OF AWARD FEES
TO
DEFENSE CONTRACTORS IN CASES OF CONTRACT NON-PERFORMANCE.
None of the funds appropriated or otherwise made available by
this Act may be obligated or expended to provide award fees to
any defense contractor for performance that does not meet the
requirements of the contract.
SEC. 9017. No funds appropriated or otherwise made available
by this Act may be used by the Government of the United States
to enter into an agreement with the Government of Iraq that
would subject members of the Armed Forces of the United States
to the jurisdiction of Iraq criminal courts or punishment under
Iraq law.
SEC. 9018. Notwithstanding any other provision of law, the
Secretary of the Army may reimburse a member for expenses
incurred by the member or family member when such expenses
are otherwise not reimbursable under law: Provided, That such
expenses must have been incurred in good faith as a direct con-
sequence of reasonable preparation for, or execution of, military
orders: Provided further, That reimbursement under this section
shall be allowed only in situations wherein other authorities are
insufficient to remedy a hardship determined by the Secretary,
and only when the Secretary determines that reimbursement of
the expense is in the best interest of the member and the United
States.
TITLE X
FISCAL YEAR 2006 WILDLAND FIRE EMERGENCY
APPROPRIATIONS
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
WILDLAND FIRE MANAGEMENT
For an additional amount for ‘‘Wildland Fire Management’’,
$100,000,000, to be available for obligation upon enactment of this
Act and to remain available until expended, for wildland fire
suppression, emergency rehabilitation activities and for repayment
to other appropriation accounts from which funds were transferred
on an emergency basis for wildfire suppression: Provided, That
the amount provided is designated as an emergency requirement
pursuant to section 501 of H. Con. Res. 376 (109th Congress)
as made applicable to the House of Representatives by H. Res.
818 (109th Congress) and as an emergency requirement pursuant
to section 402 of S. Con. Res. 83 (109th Congress) as made
applicable to the Senate by section 7035 of Public Law 109–234.
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
WILDLAND FIRE MANAGEMENT
For an additional amount for ‘‘Wildland Fire Management’’,
$100,000,000, to be available for obligation upon enactment of this
Act and to remain available until expended, for wildland fire
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suppression, emergency rehabilitation activities and for repayment
to other appropriation accounts from which funds were transferred
on an emergency basis for wildfire suppression: Provided, That
the amount provided is designated as an emergency requirement
pursuant to section 501 of H. Con. Res. 376 (109th Congress)
as made applicable to the House of Representatives by H. Res.
818 (109th Congress) and as an emergency requirement pursuant
to section 402 of S. Con. Res. 83 (109th Congress) as made
applicable to the Senate by section 7035 of Public Law 109–234.
This Act may be cited as the ‘‘Department of Defense Appropria-
tions Act, 2007’’.
DIVISION B—CONTINUING APPROPRIATIONS RESOLUTION,
2007
The following sums are hereby appropriated, out of any money
in the Treasury not otherwise appropriated, and out of applicable
corporate or other revenues, receipts, and funds, for the several
departments, agencies, corporations, and other organizational units
of Government for fiscal year 2007, and for other purposes, namely:
SEC. 101. (a) Such amounts as may be necessary under the
authority and conditions provided in the applicable appropriations
Act for fiscal year 2006 for continuing projects or activities
(including the costs of direct loans and loan guarantees) that are
not otherwise specifically provided for in this division, that were
conducted in fiscal year 2006, and for which appropriations, funds,
or other authority would be available in the following appropriations
Acts:
(1) The Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2007.
(2) The Energy and Water Development Appropriations
Act, 2007 (in the House of Representatives), or the Energy
and Water Appropriations Act, 2007 (in the Senate).
(3) The Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2007 (in the House of Represent-
atives), or the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2007 (in the Senate).
(4) The Department of Homeland Security Appropriations
Act, 2007.
(5) The Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2007.
(6) The Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act, 2007.
(7) The Legislative Branch Appropriations Act, 2007.
(8) The Military Construction, Military Quality of Life and
Veterans Affairs Appropriations Act, 2007 (in the House of
Representatives), or the Military Construction and Veterans
Affairs and Related Agencies Appropriations Act, 2007 (in the
Senate).
(9) The Science, State, Justice, Commerce, and Related
Agencies Appropriations Act, 2007 (in the House of Representa-
tives), or the Departments of Commerce and Justice, Science,
and Related Agencies Appropriations Act, 2007 (in the Senate).
(10) The Transportation, Treasury, Housing and Urban
Development, the Judiciary, the District of Columbia, and Inde-
pendent Agencies Appropriations Act, 2007 (in the House of
Representatives), or the Transportation, Treasury, Housing and
Continuing
Appropriations
Resolution, 2007.
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Urban Development, the Judiciary, and Related Agencies
Appropriations Act, 2007 (in the Senate) and the District of
Columbia Appropriations Act, 2007 (in the Senate).
(b) Whenever the amount that would be made available or
the authority that would be granted for a project or activity under
an Act listed in subsection (a) as passed by the House of Representa-
tives as of October 1, 2006, is the same as the amount or authority
that would be available or granted under the same or other perti-
nent Act as passed by the Senate as of October 1, 2006—
(1) the project or activity shall be continued at a rate
for operations not exceeding the current rate or the rate per-
mitted by the actions of the House and the Senate, whichever
is lower, and under the authority and conditions provided in
applicable appropriations Acts for fiscal year 2006; or
(2) if no amount or authority is made available or granted
for the project or activity by the actions of the House and
the Senate, the project or activity shall not be continued.
(c) Whenever the amount that would be made available or
the authority that would be granted for a project or activity under
an Act listed in subsection (a) as passed by the House of Representa-
tives as of October 1, 2006, is different from the amount or authority
that would be available or granted under the same or other perti-
nent Act as passed by the Senate as of October 1, 2006—
(1) the project or activity shall be continued at a rate
for operations not exceeding the current rate or the rate per-
mitted by the action of the House or the Senate, whichever
is lowest, and under the authority and conditions provided
in applicable appropriations Acts for fiscal year 2006; or
(2) if the project or activity is included in the pertinent
Act of only one of the Houses, the project or activity shall
be continued under the appropriation, fund, or authority
granted by the one House, but at a rate for operations not
exceeding the current rate or the rate permitted by the action
of the one House, whichever is lower, and under the authority
and conditions provided in applicable appropriations Acts for
fiscal year 2006.
(d) Whenever the pertinent Act covering a project or activity
has been passed by only the House of Representatives as of October
1, 2006—
(1) the project or activity shall be continued under the
appropriation, fund, or authority granted by the House, at
a rate for operations not exceeding the current rate or the
rate permitted by the action of the House, whichever is lower,
and under the authority and conditions provided in applicable
appropriations Acts for fiscal year 2006; or
(2) if the project or activity is funded in applicable appro-
priations Acts for fiscal year 2006 and not included in the
pertinent Act of the House as of October 1, 2006, the project
or activity shall be continued under the appropriation, fund,
or authority granted by applicable appropriations Acts for fiscal
year 2006 at a rate for operations not exceeding the current
rate and under the authority and conditions provided in
applicable appropriations Acts for fiscal year 2006.
(e) Whenever the pertinent Act covering a project or activity
has been passed by neither the House of Representatives nor the
Senate as of October 1, 2006, the project or activity shall be contin-
ued under the appropriation, fund, or authority granted by
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PUBLIC LAW 109–289—SEPT. 29, 2006
applicable appropriations Acts for fiscal year 2006 at a rate for
operations not exceeding the current rate and under the authority
and conditions provided in applicable appropriations Acts for fiscal
year 2006.
SEC. 102. (a) For purposes of section 101, the pertinent appro-
priations Acts for fiscal year 2007 covering the activities specified
in subsection (c) shall be the Act listed in section 101(a)(8) as
passed by the House of Representatives, and H.R. 5631 (109th
Congress) as passed by the Senate.
(b) For purposes of sections 106(2) and 107, the applicable
appropriations Act for fiscal year 2007 covering the activities speci-
fied in subsection (c) shall be the Act listed in section 101(a)(8).
(c) The activities referred to in subsections (a) and (b) are
the following activities of the Department of Defense:
(1) Activities under the ‘‘Basic Allowance for Housing’’
accounts, and the basic allowance for housing activities under
the ‘‘Military Personnel’’ accounts.
(2) Activities under the ‘‘Facilities Sustainment, Restora-
tion 
and 
Modernization’’ 
accounts, 
and 
the 
facilities
sustainment, restoration and modernization activities under
the ‘‘Operation and Maintenance’’ accounts.
(3) Activities under the ‘‘Environmental Restoration’’
accounts.
(4) Activities under the ‘‘Defense Health Program’’ account.
SEC. 103. Appropriations made by section 101 shall be available
to the extent and in the manner that would be provided by the
pertinent appropriations Act.
SEC. 104. No appropriation or funds made available or authority
granted pursuant to section 101 shall be used to initiate or resume
any project or activity for which appropriations, funds, or other
authority were not available during fiscal year 2006.
SEC. 105. Appropriations made and authority granted pursuant
to this division shall cover all obligations or expenditures incurred
for any project or activity during the period for which funds or
authority for such project or activity are available under this divi-
sion.
SEC. 106. Unless otherwise provided for in this division or
in the applicable appropriations Act, appropriations and funds made
available and authority granted pursuant to this division shall
be available until whichever of the following first occurs: (1) the
enactment into law of an appropriation for any project or activity
provided for in this division; (2) the enactment into law of the
applicable appropriations Act by both Houses without any provision
for such project or activity; or (3) November 17, 2006.
SEC. 107. Expenditures made pursuant to this division shall
be charged to the applicable appropriation, fund, or authorization
whenever a bill in which such applicable appropriation, fund, or
authorization is contained is enacted into law.
SEC. 108. Appropriations and funds made available by or
authority granted pursuant to this division may be used without
regard to the time limitations for submission and approval of appor-
tionments set forth in section 1513 of title 31, United States Code,
but nothing in this division may be construed to waive any other
provision of law governing the apportionment of funds.
SEC. 109. Notwithstanding any other provision of this division,
except section 106, for those programs that had high initial rates
Expiration date.
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of operation or complete distribution of fiscal year 2006 appropria-
tions at the beginning of that fiscal year because of distributions
of funding to States, foreign countries, grantees, or others, similar
distributions of funds for fiscal year 2007 shall not be made and
no grants shall be awarded for such programs funded by this
division that would impinge on final funding prerogatives.
SEC. 110. This division shall be implemented so that only
the most limited funding action of that permitted in the division
shall be taken in order to provide for continuation of projects
and activities.
SEC. 111. No provision that is included in an appropriations
Act listed in section 101(a), but that was not included in the
applicable appropriations Act for fiscal year 2006 and by its terms
is applicable to more than one appropriation, fund, or authority,
shall be applicable to any appropriation, fund, or authority provided
in this division.
SEC. 112. No provision that is included in an appropriations
Act listed in section 101(a), and that makes the availability of
any appropriation provided therein dependent upon the enactment
of additional authorizing or other legislation, shall be effective
before the date set forth in section 106(3).
SEC. 113. Funds appropriated by this division may be obligated
and expended notwithstanding section 10 of Public Law 91–672
(22 U.S.C. 2412), section 15 of the State Department Basic Authori-
ties Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Rela-
tions Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C.
6212), and section 504(a)(1) of the National Security Act of 1947
(50 U.S.C. 414(a)(1)).
SEC. 114. (a) For entitlements and other mandatory payments
whose budget authority was provided in appropriations Acts for
fiscal year 2006, and for activities under the Food Stamp Act
of 1977, activities shall be continued at the rate to maintain pro-
gram levels under current law, under the authority and conditions
provided in the applicable appropriations Act for fiscal year 2006,
to be continued through the date specified in section 106(3) of
this division.
(b) Notwithstanding section 106 of this division, funds shall
be available and obligations for mandatory payments due on or
about November 1, 2006, and December 1, 2006, may continue
to be made.
SEC. 115. Notwithstanding the second proviso under the
heading ‘‘Rental Assistance Program’’ in title III of the Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2006 (Public Law 109–97), the Sec-
retary of Agriculture is authorized to enter into or renew contracts
under section 521(a)(2) of the Housing Act of 1949 for one year.
SEC. 116. The Secretary of Agriculture shall continue, through
the date specified in section 106(3) of this division, the Water
and Waste Systems Direct Loan Program under the authority and
conditions (including the borrower’s interest rate and fees as of
September 1, 2006) provided by the Agriculture, Rural Develop-
ment, Food and Drug Administration, and Related Agencies Appro-
priations Act, 2006 (Public Law 109–97).
SEC. 117. Section 14704 of title 40, United States Code, shall
be applied by substituting the date specified in section 106(3) of
this division for ‘‘October 1, 2006’’.
Applicability.
Contracts.
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120 STAT. 1315
PUBLIC LAW 109–289—SEPT. 29, 2006
SEC. 118. The authorities provided by sections 2(b)(9) and 7
of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(9) and
635f), and section 1 of Public Law 103–428 shall continue in effect
through the date specified in section 106(3) of this division.
SEC. 119. Section 501(i) of H.R. 3425, as enacted into law
by section 1000(a)(5) of division B of Public Law 106–113 (Appendix
E, 113 Stat. 1501A–313), as amended by section 591(b) of division
D of Public Law 108–447 (118 Stat. 3037), shall continue in effect
through the date specified in section 106(3) of this division.
SEC. 120. In addition to the amounts provided under section
101 of this division, amounts obligated in fiscal year 2006 from
funding provided in section 458(a)(1) of the Higher Education Act
(as reduced by the amount of account maintenance fees obligated
to guaranty agencies for fiscal year 2006 pursuant to section
458(a)(1)(B) of that Act), shall be deemed to have been provided
in an applicable appropriations Act for fiscal year 2006.
SEC. 121. The authority provided by section 2011 of title 38,
United States Code, shall continue in effect through the date speci-
fied in section 106(3) of this division.
SEC. 122. The authority provided by section 2808 of Public
Law 108–136, as amended by section 2809 of Public Law 109–
163, shall continue in effect through the date specified in section
106(3) of this division.
SEC. 123. The authority provided by subsection (a) of section
221 of the Veterans Health Care, Capital Asset, and Business
Improvement Act of 2003 (Public Law 108–170) shall continue
in effect, notwithstanding subsection (d) of that section, through
the earlier of: (1) the date specified in section 106(3) of this division;
or (2) the date of the enactment into law of an authorization
Act relating to major medical facility projects for the Department
of Veterans Affairs.
SEC. 124. Title VIII of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act,
2005 (Public Law 108–447, division B), shall continue in effect
through the date specified in section 106(3) of this division.
SEC. 125. Funds appropriated by section 101 of this division
for International Space Station Cargo Crew Services/International
Partner Purchases within the National Aeronautics and Space
Administration may be obligated in the account and budget struc-
ture set forth in the pertinent Acts specified in section 101(a)(9).
SEC. 126. Except as provided for in section 101(b)(2), amounts
made available under section 101 of this division for civilian per-
sonnel compensation and benefits in each department and agency
may be apportioned up to the rate for operations necessary to
avoid furloughs within such department or agency, consistent with
enacted appropriations for fiscal year 2006, except that such
authority provided under this section shall not be used until after
the department or agency has taken all necessary actions to reduce
or defer non-personnel-related administrative expenses.
SEC. 127. (a) Notwithstanding any other provision of this divi-
sion, except section 106, the District of Columbia may expend
local funds for programs and activities under the heading ‘‘District
of Columbia Funds’’ for such programs and activities under title
V of H.R. 5576 (109th Congress), as passed by the House of Rep-
resentatives, at the rate set forth under ‘‘District of Columbia
Funds, Summary of Expenses’’ as included in the Fiscal Year 2007
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120 STAT. 1316
PUBLIC LAW 109–289—SEPT. 29, 2006
LEGISLATIVE HISTORY—H.R. 5631:
HOUSE REPORTS: No. 109–504 (Comm. on Appropriations) and 109–676
(Comm. of Conference).
SENATE REPORTS: No. 109–292 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 152 (2006):
June 20, considered and passed House.
Aug. 1–3, Sept. 5–7, considered and passed Senate.
Sept. 26, House agreed to conference report.
Sept. 29, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):
Sept. 29, Presidential statement.
Proposed Budget and Financial Plan submitted to the Congress
by the District of Columbia on June 5, 2006.
(b) Sections 131 and 132 of division B of Public Law 109–
115 shall be applied by substituting the date specified in section
106(3) of this division for ‘‘September 30, 2006’’.
SEC. 128. The provisions of title II of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11311 et seq.) shall continue
in effect, notwithstanding section 209 of such Act, through the
earlier of: (1) the date specified in section 106(3) of this division;
or (2) the date of the enactment into law of an authorization
Act relating to the McKinney-Vento Homeless Assistance Act.
SEC. 129. Funds appropriated by section 101 of this division
for the Internal Revenue Service may be obligated in the account
and budget structure set forth in title II of H.R. 5576 (109th
Congress), as passed by the House of Representatives.
SEC. 130. Activities authorized by title V of the Departments
of Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1998 may continue
through the date specified in section 106(3) of this division.
SEC. 131. Section 255(g) of the National Housing Act (12 U.S.C.
1715z–20(g)) is amended by striking ‘‘250,000’’ and inserting
‘‘275,000’’.
SEC. 132. Section 403(f) of Public Law 103–356 (31 U.S.C.
501 note) shall be applied by substituting the date specified in
section 106(3) of this division for ‘‘October 1, 2006’’.
This division may be cited as the ‘‘Continuing Appropriations
Resolution, 2007’’.
Approved September 29, 2006.
Applicability.
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