[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5631 Enrolled Bill (ENR)]
H.R.5631
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
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 stations, 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 stations, 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.
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 stations, 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 Retirement 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 stations, 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 in section
12310(a) of title 10, United States Code, or while undergoing 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 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, $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 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,
$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 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 accordance 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 payments 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 Department
of Defense (other than the military departments), as authorized 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 available under this heading, $5,000,000 is available for
contractor support 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 shall be available
for centers defined in 10 U.S.C. 2411(1)(D): Provided 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, development, 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
equipment; 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
equipment; 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 transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $2,563,751,000.
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, operation, 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 specifically 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, modification,
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 personnel 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 available 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
facilitating 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 components,
and weapon-related technology and expertise; for programs relating to
the training and support of defense and military personnel for
demilitarization and protection of weapons, weapons components and
weapons technology and expertise, and for defense and military
contacts, $372,128,000, to remain available until September 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; 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, $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 available only for the purpose of acquiring one HH-
60L medical evacuation 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; 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, $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 ordnance,
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 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 passenger vehicles but
not to exceed $255,000 per vehicle; communications 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
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
destination 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 performed in the
final stage of ship construction: Provided further, That none of the
funds provided under this heading for the construction 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 further, 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 handling
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 equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things, $11,643,356,000, to remain available for
obligation until September 30, 2009.
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 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 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 electronic 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, notwithstanding 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 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 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 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 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, $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 component.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to sections
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 available 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,
$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
Evaluation, in the direction and supervision of operational test and
evaluation, including initial operational test and evaluation which is
conducted prior to, and in support of, production decisions; joint
operational testing and evaluation; and administrative expenses in
connection therewith, $185,420,000, to remain available for obligation
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 shipboard 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 restrictions
in the first proviso 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.
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 Department
of Defense, for transfer to appropriations available to the Department
of Defense for military personnel of the reserve components 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: Provided, 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 General
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 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 Management
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 responsibilities, 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 computer exploitation of materials collected in Federal,
State, and local law enforcement activity associated with counter-drug,
counter-terrorism, 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 authorized 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, 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 Department of Defense or
funds made available in this Act to the Department 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 Secretary 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 transfers 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 committees 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 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 further, 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 determine 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 procurement
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
(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 Helicopter
mission equipment; and V-22 Osprey.
Sec. 8009. Within the funds appropriated for the operation and
maintenance of the Armed Forces, funds are hereby appropriated 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 Territories of the Pacific Islands and freely
associated states of Micronesia, 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
transportation 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 documentation
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.
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 Department 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
personnel-related costs for performance of that activity or
function 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 insurance 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 contribute 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 subsection (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 contrary
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
contracts for depot maintenance as provided in sections 2469 and
2474 of title 10, United States Code.
(c) Treatment of Conversion.--The conversion of any activity or
function of the Department of Defense under the authority provided 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 transferred
to any other appropriation contained in this Act solely for the purpose
of implementing a Mentor-Protege Program developmental 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 components of anchor and mooring chain
shall be considered to be produced 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
manufactured outside the United States: Provided further, That when
adequate 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 (25 U.S.C. 1544):
Provided, That a prime contractor or a subcontractor at any tier that
makes a subcontract award to any subcontractor or supplier as 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, shall be considered a
contractor for the purposes 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 acquisition 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 Procurement,
Air Force''; and
(3) $695,000 shall be available from ``Other Procurement, Air
Force'' for vehicle procurement.
(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 (department)
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 membership 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 contributions, 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: Provided 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 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: 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 Appropriations 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 competition 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 paragraph (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.
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 provision 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 Minnesota 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 subsection (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 investment item for
the purpose of acquiring a new inventory item for sale or anticipated
sale during the current fiscal year or a subsequent fiscal year to
customers of the Department of Defense Working Capital Funds if such an
item would not have been chargeable 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 documentation
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 budgeted 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 for
obligation beyond the current fiscal year, except for funds
appropriated for the Reserve for Contingencies, which shall remain
available 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 development acquisition,
for agent operations, and for covert action programs 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 General 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 damage, 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 contracting 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 Congress
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 services
entered into without competition on the basis of an unsolicited
proposal unless the head of the activity responsible for the
procurement determines--
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(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 limitation 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 headquarters.
(b) The Secretary of Defense or Secretary of a military department
may waive the limitations in subsection (a), on a case-by-case basis,
if the Secretary determines, and certifies to the Committees on
Appropriations of the House of Representatives and Senate that the
granting of the waiver will reduce the personnel requirements 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 conference 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;
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) technicians 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 reduction 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 specifically
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 facilities
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 reductions 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 appropriations 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: Provided, 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 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: 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 committees, 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-enforcement, or
humanitarian assistance operation.
(c) Required Notice.--A notice under subsection (a) shall include
the following:
(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 balance, 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 be reversed and recorded against
the expired account: Provided further, That the total amount
charged to a current appropriation 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 requirements:
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 equipment,
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 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 propulsion diesel
engines and propulsors are manufactured in the United States by a
domestically operated entity: Provided, 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 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 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 congressional 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, Subcommittees 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 attributable to official
Government travel arranged by Government Contracted 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 Information
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 technology system as defined by the Under Secretary of
Defense (Comptroller).
(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 Milestone 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.
(2) The Chief Information Officer shall provide the
congressional 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, Milestone
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
congressional 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 Secretary
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 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
demilitarization 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 beverages
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 program.
(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 property, 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 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 Appropriations
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 confronted 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 miscellaneous 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 shall be available for the
purpose of the initiation of a joint feasibility 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 components 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 Program,
$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 Program,
$17,400,000.
Sec. 8081. The Secretary of the Navy may settle, or compromise, 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
regulation, 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:
(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 Capabilities. 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
independent 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: Provided 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 encroachment.
Sec. 8088. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $11,100,000 is hereby
appropriated to the Department of Defense, to remain available until
September 30, 2007: Provided, That the Secretary of Defense shall 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 documents 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 description 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 Department of Defense Financial Management Regulation)
for all contingency 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 education 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 Reconnaissance 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 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 relationships to give
Fleet Forces Command administrative and operational 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 available Navy
ship construction appropriation for the purpose of liquidating
necessary changes resulting from inflation, market fluctuations, or
rate adjustments for any ship construction program appropriated 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 transportation of persons.
(b) The Secretary of Defense shall allocate this reduction
proportionately 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 available 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. payment 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 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 proclamation, for any such
members returning from such operations.
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 Security Cooperation
activities such as humanitarian assistance, and payment of incremental
and personnel costs of training and exercising with foreign security
forces: Provided, That funds made available 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 appropriated 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 appropriation 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 students 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 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
consideration 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 unclassified
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 Committees on
Armed Services of the Senate and the House of Representatives by the
Army Contract Adjustment Board during the period beginning on July 28,
2006, and ending on the date of the adjournment 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 Secretary
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, facilities, 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 Realignment
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 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 reference 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.
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.
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, notwithstanding 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, 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 determination 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: Provided 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 contributions: Provided
further, That the Secretary of Defense shall, not fewer than five days
prior to making transfers from this appropriation 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 appropriation.
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 Commander, 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 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 determination 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: Provided 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 contributions: Provided
further, That the Secretary of Defense shall, not fewer than five days
prior to making transfers from this appropriation 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 appropriation.
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: Provided,
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 further, 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 personnel; operation and
maintenance; procurement; research, development, 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.
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 available 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 September 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.
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 Management
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 provided in
this title.
Sec. 9002. Notwithstanding any other provision of law or of this
Act, funds made available in this title are in addition to amounts
provided elsewhere in this Act.
(TRANSFER OF FUNDS)
Sec. 9003. Upon his determination that such action is necessary in
the national interest, the Secretary of Defense may transfer 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 Commander'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 responsibility 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 limitations
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
congressional defense committees regarding support provided under this
section.
Sec. 9009. Supervision and administration costs associated with a
construction project funded with appropriations available for operation
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 indicators and measures
for progress toward military and political stability 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
following:
(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 environment
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 prospects 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 determine
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
readiness 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 military
forces, including the type, number, size, and organizational
structure of Iraqi battalions that are--
(i) capable of conducting counterinsurgency operations
independently;
(ii) capable of conducting counterinsurgency operations
with the support of United States or coalition forces; or
(iii) not ready to conduct counterinsurgency
operations.
(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 Ministry
of Interior forces and the equipment used by such forces.
(F) Key criteria for assessing the capabilities and
readiness 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 instruction;
(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 candidates
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:
(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 available in
this title is designated as making appropriations for contingency
operations directly related to the global war on terrorism, and other
unanticipated defense-related operations, pursuant to section 402 of H.
Con. Res. 376 (109th Congress) as made applicable to the House of
Representatives by H. Res. 818 (109th 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 ``Peacekeeping
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
Restructuring Act of 1998 (division G of Public Law 105-277; 112
Stat. 2681-822; 8 U.S.C. 1231 note) and any regulations prescribed
thereto, 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 Hurricanes in the
Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law 109-
148).
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 consequence 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 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 Appropriations
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
Representatives), 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 Representatives), 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
Independent Agencies Appropriations Act, 2007 (in the House of
Representatives), or the Transportation, Treasury, Housing and
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 Representatives as
of October 1, 2006, is the same as the amount or authority that would
be available or granted under the same or other pertinent 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 permitted 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 Representatives as
of October 1, 2006, is different from the amount or authority that
would be available or granted under the same or other pertinent 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 permitted 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
appropriations 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 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.
Sec. 102. (a) For purposes of section 101, the pertinent
appropriations 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
specified 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, Restoration
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 division.
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 apportionments 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 of
operation or complete distribution of fiscal year 2006 appropriations
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 Authorities Act of 1956
(22 U.S.C. 2680), section 313 of the Foreign Relations 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 program 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 Secretary 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 Development, Food and Drug
Administration, and Related Agencies Appropriations 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''.
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 specified
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 structure 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 personnel
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 division,
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 Representatives, at the
rate set forth under ``District of Columbia Funds, Summary of
Expenses'' as included in the Fiscal Year 2007 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''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.