Text: H.R.5631 — 109th Congress (2005-2006)All Information (Except Text)

Text available as:

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Public Law No: 109-289 (09/29/2006)

 
[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.

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