[109th Congress Public Law 289]
[From the U.S. Government Printing Office]
[DOCID: f:publ289.109]
[[Page 120 STAT. 1257]]
Public Law 109-289
109th Congress
An Act
Making appropriations for the Department of Defense for the fiscal year
ending September 30, 2007, and for other purposes. <<NOTE: Sept. 29,
2006 - [H.R. 5631]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Department of Defense
Appropriations Act, 2007.>> 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.
[[Page 120 STAT. 1258]]
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
[[Page 120 STAT. 1259]]
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
[[Page 120 STAT. 1260]]
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
[[Page 120 STAT. 1261]]
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.
[[Page 120 STAT. 1262]]
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
[[Page 120 STAT. 1263]]
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
[[Page 120 STAT. 1264]]
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
[[Page 120 STAT. 1265]]
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
[[Page 120 STAT. 1266]]
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.
[[Page 120 STAT. 1267]]
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
[[Page 120 STAT. 1268]]
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: <<NOTE: Deadline. Assessment.>> 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,
[[Page 120 STAT. 1269]]
$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
[[Page 120 STAT. 1270]]
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
[[Page 120 STAT. 1271]]
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. <<NOTE: 10 USC 1584 note.>> 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: <<NOTE: Wages.>> 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,
[[Page 120 STAT. 1272]]
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: <<NOTE: Notification.>> 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
[[Page 120 STAT. 1273]]
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. <<NOTE: 10 USC 2306b note.>> 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 <<NOTE: Notification. Deadline.>> 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
[[Page 120 STAT. 1274]]
(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.
[[Page 120 STAT. 1275]]
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.
[[Page 120 STAT. 1276]]
(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
[[Page 120 STAT. 1277]]
(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) <<NOTE: 15 USC 637 note.>> 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. <<NOTE: Kuwait.>> 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.
[[Page 120 STAT. 1278]]
(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) <<NOTE: Reports.>> 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
[[Page 120 STAT. 1279]]
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. <<NOTE: 10 USC 101 note.>> 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: <<NOTE: Certification.>> 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. <<NOTE: 41 USC 10b-2 note.>> 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) <<NOTE: Reports. Commerce and trade.>> 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. <<NOTE: 10 USC 374 note.>> 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.
[[Page 120 STAT. 1280]]
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 <<NOTE: Housing. Native
Americans.>> 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) <<NOTE: Budget.>> 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
[[Page 120 STAT. 1281]]
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, <<NOTE: 50 USC 403u
note.>> 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) <<NOTE: Labeling. Fraud.>> 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;
[[Page 120 STAT. 1282]]
(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;
[[Page 120 STAT. 1283]]
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. <<NOTE: North Korea.>> 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. <<NOTE: 10 USC 374 note.>> 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) <<NOTE: 50 USC 403f note.>> 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
[[Page 120 STAT. 1284]]
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. <<NOTE: 10 USC 2304 note.>> 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. <<NOTE: Notification. Deadline.>> (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:
[[Page 120 STAT. 1285]]
(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
[[Page 120 STAT. 1286]]
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. <<NOTE: Germany.>> 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. <<NOTE: American Samoa. Native
Americans.>> 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
[[Page 120 STAT. 1287]]
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) <<NOTE: Human rights.>> 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 <<NOTE: Deadline.>> 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
[[Page 120 STAT. 1288]]
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. <<NOTE: Reports. Confidential information.>> 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.
[[Page 120 STAT. 1289]]
(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) <<NOTE: Notification.>> 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
[[Page 120 STAT. 1290]]
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, <<NOTE: Alcohol. States. District of Columbia.>> 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
[[Page 120 STAT. 1291]]
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. <<NOTE: 10 USC 113 note.>> 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) <<NOTE: Government property. Native Americans.>> 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
[[Page 120 STAT. 1292]]
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:
[[Page 120 STAT. 1293]]
(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: <<NOTE: Grants.>> Provided, That the Secretary of Defense shall
[[Page 120 STAT. 1294]]
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. <<NOTE: Budget, Federal. 10 USC 221 note.>> 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. <<NOTE: Notification. Deployment.>> (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
[[Page 120 STAT. 1295]]
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
[[Page 120 STAT. 1296]]
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. <<NOTE: Extension. Research and development.>> 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.
[[Page 120 STAT. 1297]]
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. <<NOTE: Reports. Deadline. Dyslexia. Students.>> 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
[[Page 120 STAT. 1298]]
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. <<NOTE: Deadline. Analysis.>> (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
[[Page 120 STAT. 1299]]
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. <<NOTE: 1 USC 1 note.>> 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.
[[Page 120 STAT. 1300]]
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: <<NOTE: Reports.>> 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.
[[Page 120 STAT. 1301]]
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: <<NOTE: Notification. Deadline.>> 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, <<NOTE: Reports. Deadline.>> 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,
[[Page 120 STAT. 1302]]
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, <<NOTE: Notification.>> 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, <<NOTE: Notification. Deadline.>> 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: <<NOTE: Reports. Deadline.>> 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
[[Page 120 STAT. 1303]]
herein from any person, foreign government, or international
organization may be credited to this Fund, and used for such purposes:
Provided further, <<NOTE: Notification.>> 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, <<NOTE: Notification. Deadline.>> 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: <<NOTE: Reports. Deadline.>> 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, <<NOTE: Management plan. Deadline.>> 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 <<NOTE: Reports. Deadline.>> 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, <<NOTE: Notification. Deadline.>> 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.
[[Page 120 STAT. 1304]]
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.
[[Page 120 STAT. 1305]]
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
[[Page 120 STAT. 1306]]
between appropriations up to $3,000,000,000 of the funds made available
to the Department of Defense in this <<NOTE: Notification.>> 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 <<NOTE: Deadline.>> 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, <<NOTE: Reports. Deadline.>> 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: <<NOTE: Reports.>> Provided, That
the Secretary of Defense shall provide quarterly reports to the
congressional defense committees regarding support provided under this
section.
[[Page 120 STAT. 1307]]
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. <<NOTE: Reports. Deadline. Iraq.>> (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--
[[Page 120 STAT. 1308]]
(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:
[[Page 120 STAT. 1309]]
(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. <<NOTE: Sudan.>> (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) <<NOTE: Notification. Deadline.>> 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).
[[Page 120 STAT. 1310]]
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
[[Page 120 STAT. 1311]]
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 <<NOTE: Continuing Appropriations Resolution, 2007.>> 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
[[Page 120 STAT. 1312]]
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
[[Page 120 STAT. 1313]]
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. <<NOTE: Expiration date.>> 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
[[Page 120 STAT. 1314]]
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. <<NOTE: Contracts.>> 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. <<NOTE: Applicability.>> 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''.
[[Page 120 STAT. 1315]]
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
[[Page 120 STAT. 1316]]
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. <<NOTE: Applicability.>> Section 403(f) of Public Law 103-
356 (31 U.S.C. 501 note) shall be applied by substituting the date
specified in section 106(3) of this division for ``October 1, 2006''.
This division may be cited as the ``Continuing Appropriations
Resolution, 2007''.
Approved September 29, 2006.
LEGISLATIVE HISTORY--H.R. 5631:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 109-504 (Comm. on Appropriations) and 109-676
(Comm. of Conference).
SENATE REPORTS: No. 109-292 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 152 (2006):
June 20, considered and passed House.
Aug. 1-3, Sept. 5-7, considered and passed Senate.
Sept. 26, House agreed to conference report.
Sept. 29, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):
Sept. 29, Presidential statement.
<all>