[Congressional Record Volume 152, Number 104 (Tuesday, August 1, 2006)]
[Senate]
[Pages S8513-S8529]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2007
Mr. STEVENS. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 532, H.R. 5631.
I further ask that the committee-reported substitute be agreed to as
original text for the purpose of further amendment, with no points of
order waived by virtue of this agreement. I further ask that
consideration of the bill be for debate only during today's session.
Further, I ask that it not be in order to file a cloture motion on
this bill prior to the adjournment for August. This is the DOD
appropriations bill.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The clerk will state the bill by title.
The legislative clerk read as follows:
A bill (H.R. 5631) making appropriations for the Department
of Defense for the fiscal year ending September 30, 2007, and
for other purposes.
The Senate proceeded to consider the bill, which had been reported
from the Committee on Appropriations, with an amendment to strike all
after the enacting clause and insert in lieu thereof the following:
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, $29,080,473,000.
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, $23,186,011,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Marine Corps on
active duty (except members of the Reserve provided for
elsewhere); and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to
the Department of Defense Military Retirement Fund,
$9,246,696,000.
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, $22,940,686,000.
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,
$3,304,247,000.
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, $1,760,676,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Marine
Corps Reserve on active duty under section 10211 of title 10,
United States Code, or while serving on active duty under
section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and
for members of the Marine Corps platoon leaders class, and
expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense
Military Retirement Fund, $535,438,000.
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
[[Page S8514]]
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,
$1,329,278,000.
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, $5,258,080,000.
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, $2,369,255,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law;
and not to exceed $11,478,000 can be used for emergencies and
extraordinary expenses, to be expended on the approval or
authority of the Secretary of the Army, and payments may be
made on his certificate of necessity for confidential
military purposes, $23,980,180,000.
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,
$30,779,084,000.
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, $3,739,862,000.
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, $30,053,427,000.
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, $19,919,175,000: 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 provided under this
heading, not less than $27,037,000 shall be made available
for the Procurement Technical Assistance Cooperative
Agreement Program, of which not less than $3,600,000 shall be
available for centers defined in 10 U.S.C. 2411(1)(D):
Provided further, That none of the funds appropriated or
otherwise made available by this Act may be used to plan or
implement the consolidation of a budget or appropriations
liaison office of the Office of the Secretary of Defense, the
office of the Secretary of a military department, or the
service headquarters of one of the Armed Forces into a
legislative affairs or legislative liaison office: Provided
further, That $4,000,000, to remain available until expended,
is available only for expenses relating to certain classified
activities, and may be transferred as necessary by the
Secretary to operation and maintenance appropriations or
research, development, test and evaluation appropriations, to
be merged with and to be available for the same time period
as the appropriations to which transferred: Provided further,
That any ceiling on the investment item unit cost of items
that may be purchased with operation and maintenance funds
shall not apply to the funds described in the preceding
proviso: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Army Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$2,158,278,000.
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,
$1,275,764,000.
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, $208,811,000.
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, $2,624,300,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the
Army National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities; hire of
passenger motor vehicles; personnel services in the National
Guard Bureau; travel expenses (other than mileage), as
authorized by law for Army personnel on active duty, for Army
National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard
Bureau regulations when specifically authorized by the Chief,
National Guard Bureau; supplying and equipping the Army
National Guard as authorized by law; and expenses of repair,
modification, maintenance, and issue of supplies and
equipment (including aircraft), $4,655,565,000.
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, $5,008,392,000.
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.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $413,794,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of the Army, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Army,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations 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.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $304,409,000, to remain
available until transferred: Provided, That the Secretary of
the Navy shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of the Navy, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Navy,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations 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.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $423,871,000, to
remain available until transferred: Provided, That the
Secretary of the Air Force shall, upon determining that such
funds
[[Page S8515]]
are required for environmental restoration, reduction and
recycling of hazardous waste, removal of unsafe buildings and
debris of the Department of the Air Force, or for similar
purposes, transfer the funds made available by this
appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be
available for the same purposes and for the same time period
as the appropriations 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.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $18,431,000, to remain
available until transferred: Provided, That the Secretary of
Defense shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of Defense, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of Defense,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations 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.
Environmental Restoration, Formerly Used Defense Sites
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Army, $282,790,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris at
sites formerly used by the Department of Defense, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Army,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations 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.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian,
Disaster, and Civic Aid programs of the Department of Defense
(consisting of the programs provided under sections 401, 402,
404, 2557, and 2561 of title 10, United States Code),
$63,204,000, to remain available until September 30, 2008.
Former Soviet Union Threat Reduction Account
For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure
transportation and storage of nuclear, chemical and other
weapons; for establishing programs to prevent the
proliferation of weapons, weapons components, and weapon-
related technology and expertise; for programs relating to
the training and support of defense and military personnel
for demilitarization and protection of weapons, weapons
components and weapons technology and expertise, and for
defense and military contacts, $372,128,000, to remain
available until September 30, 2009: Provided, That of the
amounts provided under this heading, $15,000,000 shall be
available only to support the dismantling and disposal of
nuclear submarines, submarine reactor components, and
security enhancements for transport and storage of nuclear
warheads in the Russian Far East.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices;
expansion of public and private plants, including the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$3,354,729,000, to remain available for obligation until
September 30, 2009.
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,
$1,266,967,000, to remain available for obligation until
September 30, 2009.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification
of weapons and tracked combat vehicles, equipment, including
ordnance, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including the land necessary therefor, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the
foregoing purposes, $2,092,297,000, 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,
$1,948,489,000, 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,
$7,724,878,000, 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, $10,135,249,000, to remain available
for obligation until September 30, 2009.
Weapons Procurement, Navy
For construction, procurement, production, modification,
and modernization of missiles, torpedoes, other weapons, and
related support equipment including spare parts, and
accessories therefor; expansion of public and private plants,
including the land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway,
$2,558,020,000, 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,
$799,943,000, 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), $784,143,000;
NSSN, $1,775,472,000;
NSSN (AP), $676,582,000;
[[Page S8516]]
CVN Refuelings, $954,495,000;
CVN Refuelings (AP), $117,139,000;
SSBN Submarine Refuelings, $189,022,000;
SSBN Submarine Refuelings (AP), $37,154,000;
DD(X), $2,568,111,000;
DDG-51 Destroyer, $355,849,000;
LCS, $300,670,000;
LPD-17 (AP), $297,492,000;
LHA-R, $1,135,917,000;
T-AGS Oceanographic Survey Ship, $117,000,000;
LCAC Landing Craft Air Cushion, $110,692,000;
Prior year shipbuilding costs, $557,849,000;
Service Craft, $45,245,000; and
For outfitting, post delivery, conversions, and first
destination transportation, $370,643,000.
In all: $10,393,475,000, to remain available for obligation
until September 30, 2011: Provided, That additional
obligations may be incurred after September 30, 2011, for
engineering services, tests, evaluations, and other such
budgeted work that must be performed in the final stage of
ship construction: Provided further, That none of the funds
provided under this heading for the construction or
conversion of any naval vessel to be constructed in shipyards
in the United States shall be expended in foreign facilities
for the construction of major components of such vessel:
Provided further, That none of the funds provided under this
heading shall be used for the construction of any naval
vessel in foreign shipyards.
Other Procurement, Navy
For procurement, production, and modernization of support
equipment and materials not otherwise provided for, Navy
ordnance (except ordnance for new aircraft, new ships, and
ships authorized for conversion); the purchase of passenger
motor vehicles for replacement only, and the purchase of 10
vehicles required for physical security of personnel,
notwithstanding price limitations applicable to passenger
vehicles but not to exceed $255,000 per vehicle; expansion of
public and private plants, including the land necessary
therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway, $4,731,831,000, 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,
$1,151,318,000, 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,
$11,096,406,000, to remain available for obligation until
September 30, 2009.
Missile Procurement, Air Force
For construction, procurement, and modification of
missiles, spacecraft, rockets, and related equipment,
including spare parts and accessories therefor, ground
handling equipment, and training devices; expansion of public
and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing
purposes including rents and transportation of things,
$3,975,407,000, 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,
$1,046,802,000, 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, $15,510,286,000, to remain available for obligation
until September 30, 2009.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department
of Defense (other than the military departments) necessary
for procurement, production, and modification of equipment,
supplies, materials, and spare parts therefor, not otherwise
provided for; the purchase of passenger motor vehicles for
replacement only, and the purchase of 5 vehicles required for
physical security of personnel, notwithstanding prior
limitations applicable to passenger vehicles but not to
exceed $255,000 per vehicle; expansion of public and private
plants, equipment, and installation thereof in such plants,
erection of structures, and acquisition of land for the
foregoing purposes, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; reserve plant and Government and
contractor-owned equipment layaway, $2,763,071,000, 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, $340,000,000,
to remain available for obligation until September 30, 2009:
Provided, That the Chiefs of the Reserve and National Guard
components shall, not later than 30 days after the enactment
of this Act, individually submit to the congressional defense
committees the modernization priority assessment for their
respective Reserve or National Guard component.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to
sections 108, 301, 302, and 303 of the Defense Production Act
of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093),
$68,884,000, 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, $11,245,040,000, 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, $17,048,238,000, 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, $23,974,081,000, 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, $20,543,393,000, 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, $187,520,000, 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
[[Page S8517]]
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, $616,932,000, to remain available until
expended: Provided, That none of the funds provided in this
paragraph shall be used to award a new contract that provides
for the acquisition of any of the following major components
unless such components are manufactured in the United States:
auxiliary equipment, including pumps, for all shipboard
services; propulsion system components (that is; engines,
reduction gears, and propellers); shipboard cranes; and
spreaders for shipboard cranes: Provided further, That the
exercise of an option in a contract awarded through the
obligation of previously appropriated funds shall not be
considered to be the award of a new contract: Provided
further, That the Secretary of the military department
responsible for such procurement may waive the restrictions
in the first proviso on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes.
Pentagon Reservation Maintenance Revolving Fund
For the Pentagon Reservation Maintenance Revolving Fund,
$18,500,000, to remain available until September 30, 2011.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and
health care programs of the Department of Defense, as
authorized by law, $21,409,863,000, of which $20,544,605,000
shall be for Operation and maintenance, and of which up to
$10,887,784,000 may be available for contracts entered into
under the TRICARE program; of which $397,355,000, to remain
available for obligation until September 30, 2009, shall be
for Procurement; and of which $467,903,000, to remain
available for obligation until September 30, 2008, shall be
for Research, development, test and evaluation.
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 may 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, $978,212,000: Provided, That the funds
appropriated under this heading shall be available for
obligation for the same time period and for the same purpose
as the appropriation to which transferred: Provided further,
That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred
back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition
to any other transfer authority contained elsewhere in this
Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $216,297,000, of which
$214,897,000 shall be for Operation and maintenance, of which
not to exceed $700,000 is available for emergencies and
extraordinary expenses to be expended on the approval or
authority of the Inspector General, and payments may be made
on the Inspector General's certificate of necessity for
confidential military purposes; and of which $1,400,000, to
remain available until September 30, 2009, shall be for
Procurement.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement
and Disability System Fund, to maintain the proper funding
level for continuing the operation of the Central
Intelligence Agency Retirement and Disability System,
$256,400,000.
Intelligence Community Management Account
(including transfer of funds)
For necessary expenses of the Intelligence Community
Management Account, $597,011,000, of which $36,268,000 for
the Advanced Research and Development Committee shall remain
available until September 30, 2008.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 8002. During the current fiscal year, provisions of
law prohibiting the payment of compensation to, or employment
of, any person not a citizen of the United States shall not
apply to personnel of the Department of Defense: Provided,
That salary increases granted to direct and indirect hire
foreign national employees of the Department of Defense
funded by this Act shall not be at a rate in excess of the
percentage increase authorized by law for civilian employees
of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or
at a rate in excess of the percentage increase provided by
the appropriate host nation to its own employees, whichever
is higher: Provided further, That this section shall not
apply to Department of Defense foreign service national
employees serving at United States diplomatic missions whose
pay is set by the Department of State under the Foreign
Service Act of 1980: Provided further, That the limitations
of this provision shall not apply to foreign national
employees of the Department of Defense in the Republic of
Turkey.
Sec. 8003. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year, unless expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations in
this Act which are limited for obligation during the current
fiscal year shall be obligated during the last 2 months of
the fiscal year: Provided, That this section shall not apply
to obligations for support of active duty training of reserve
components or summer camp training of the Reserve Officers'
Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense
that such action is necessary in the national interest, he
may, with the approval of the Office of Management and
Budget, transfer not to exceed $4,500,000,000 of working
capital funds of the Department of Defense or funds made
available in this Act to the Department of Defense for
military functions (except military construction) between
such appropriations or funds or any subdivision thereof, to
be merged with and to be available for the same purposes, and
for the same time period, as the appropriation or fund to
which transferred: Provided, That such authority to transfer
may not be used unless for higher priority items, based on
unforeseen military requirements, than those for which
originally appropriated and in no case where the item for
which funds are requested has been denied by the Congress:
Provided further, That the Secretary of Defense shall notify
the Congress promptly of all transfers made pursuant to this
authority or any other authority in this Act: Provided
further, That no part of the funds in this Act shall be
available to prepare or present a request to the Committees
on Appropriations for reprogramming of funds, unless for
higher priority items, based on unforeseen military
requirements, than those for which originally appropriated
and in no case where the item for which reprogramming is
requested has been denied by the Congress: Provided further,
That a request for multiple reprogrammings of funds using
authority provided in this section must be made prior to June
30, 2007: Provided further, That transfers among military
personnel appropriations shall not be taken into account for
purposes of the limitation on the amount of funds that may be
transferred under this section.
(transfer of funds)
Sec. 8006. During the current fiscal year, cash balances in
working capital funds of the Department of Defense
established pursuant to section 2208 of title 10, United
States Code, may be maintained in only such amounts as are
necessary at any time for cash disbursements to be made from
such funds: Provided, That transfers may be made between such
funds: Provided further, That transfers may be made between
working capital funds and the ``Foreign Currency
Fluctuations, Defense'' appropriation and the ``Operation and
Maintenance'' appropriation accounts in such amounts as may
be determined by the Secretary of Defense, with the approval
of the Office of Management and Budget, except that such
transfers may not be made unless the Secretary of Defense has
notified the Congress of the proposed transfer. Except in
amounts equal to the amounts appropriated to working capital
funds in this Act, no obligations may be made against a
working capital fund to procure or increase the value of war
reserve material inventory, unless the Secretary of Defense
has notified the Congress prior to any such obligation.
Sec. 8007. Funds appropriated by this Act may not be used
to initiate a special access program without prior
notification 30 calendar days in session in advance to the
congressional defense committees.
Sec. 8008. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs
economic order quantity procurement in excess of $20,000,000
in any one year of the contract or that includes an unfunded
contingent liability in excess of $20,000,000; or (2) a
contract for advance procurement leading to a multiyear
contract that employs economic order quantity procurement in
excess of $20,000,000 in any one 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
[[Page S8518]]
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;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the
contractor associated with the production of unfunded units
to be delivered under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
Funds appropriated in title III of this Act may be used for
a multiyear procurement contract as follows:
C-17 Globemaster;
F-22A;
MH-60R Helicopters;
MH-60R Helicopter mission equipment; and
V-22 Osprey.
Sec. 8009. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby
appropriated pursuant to section 401 of title 10, United
States Code, for humanitarian and civic assistance costs
under chapter 20 of title 10, United States Code. Such funds
may also be obligated for humanitarian and civic assistance
costs incidental to authorized operations and pursuant to
authority granted in section 401 of chapter 20 of title 10,
United States Code, and these obligations shall be reported
as required by section 401(d) of title 10, United States
Code: Provided, That funds available for operation and
maintenance shall be available for providing humanitarian and
similar assistance by using Civic Action Teams in the Trust
Territories of the Pacific Islands and freely associated
states of Micronesia, pursuant to the Compact of Free
Association as authorized by Public Law 99-239: Provided
further, That upon a determination by the Secretary of the
Army that such action is beneficial for graduate medical
education programs conducted at Army medical facilities
located in Hawaii, the Secretary of the Army may authorize
the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable
basis, for civilian patients from American Samoa, the
Commonwealth of the Northern Mariana Islands, the Marshall
Islands, the Federated States of Micronesia, Palau, and Guam.
Sec. 8010. (a) During fiscal year 2007, the civilian
personnel of the Department of Defense may not be managed on
the basis of any end-strength, and the management of such
personnel during that fiscal year shall not be subject to any
constraint or limitation (known as an end-strength) on the
number of such personnel who may be employed on the last day
of such fiscal year.
(b) The fiscal year 2008 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2008 Department of
Defense budget request shall be prepared and submitted to the
Congress as if subsections (a) and (b) of this provision were
effective with regard to fiscal year 2008.
(c) Nothing in this section shall be construed to apply to
military (civilian) technicians.
Sec. 8011. None of the funds appropriated in this or any
other Act may be used to initiate a new installation overseas
without 30-day advance notification to the Committees on
Appropriations.
Sec. 8012. 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. 8013. 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
subsection shall not apply to those members who have
reenlisted with this option prior to October 1, 1987:
Provided further, That this subsection applies only to active
components of the Army.
Sec. 8014. (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 subsections (a), (b), or (c) of
section 2461 of title 10, United States Code, and
notwithstanding any administrative regulation, requirement,
or policy to the contrary shall have full authority to enter
into a contract for the performance of any commercial or
industrial type function of the Department of Defense that--
(A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act (41
U.S.C. 47);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped individuals
in accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by an
Indian tribe, as defined in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b(e)), or a Native Hawaiian Organization, as defined in
section 8(a)(15) of the Small Business Act (15 U.S.C.
637(a)(15)).
(2) This section shall not apply to depot contracts or
contracts for depot maintenance as provided in sections 2469
and 2474 of title 10, United States Code.
(c) Treatment of Conversion.--The conversion of any
activity or function of the Department of Defense under the
authority provided by this section shall be credited toward
any competitive or outsourcing goal, target, or measurement
that may be established by statute, regulation, or policy and
is deemed to be awarded under the authority of, and in
compliance with, subsection (h) of section 2304 of title 10,
United States Code, for the competition or outsourcing of
commercial activities.
(transfer of funds)
Sec. 8015. 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. 8016. 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. 8017. 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. 8018. None of the funds appropriated by this Act
available for the Civilian Health and Medical Program of the
Uniformed Services (CHAMPUS) or TRICARE shall be available
for the reimbursement of any health care provider for
inpatient mental health service for care received when a
patient is referred to a provider of inpatient mental health
care or residential treatment care by a medical or health
care professional having an economic interest in the facility
to which the patient is referred: Provided, That this
limitation does not apply in the case of inpatient mental
health services provided under the program for persons with
disabilities under subsection (d) of section 1079 of title
10, United States Code, provided as partial hospital
[[Page S8519]]
care, or provided pursuant to a waiver authorized by the
Secretary of Defense because of medical or psychological
circumstances of the patient that are confirmed by a health
professional who is not a Federal employee after a review,
pursuant to rules prescribed by the Secretary, which takes
into account the appropriate level of care for the patient,
the intensity of services required by the patient, and the
availability of that care.
Sec. 8019. 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. 8020. In addition to the funds provided elsewhere in
this Act, $8,000,000 is appropriated only for incentive
payments authorized by section 504 of the Indian Financing
Act of 1974 (25 U.S.C. 1544): Provided, That a prime
contractor or a subcontractor at any tier that makes a
subcontract award to any subcontractor or supplier as defined
in section 1544 of title 25, United States Code or a small
business owned and controlled by an individual or individuals
defined under section 4221(9) of title 25, United States Code
shall be considered a contractor for the purposes of being
allowed additional compensation under section 504 of the
Indian Financing Act of 1974 (25 U.S.C. 1544) whenever the
prime contract or subcontract amount is over $500,000 and
involves the expenditure of funds appropriated by an Act
making Appropriations for the Department of Defense with
respect to any fiscal year: Provided further, That
notwithstanding section 430 of title 41, United States Code,
this section shall be applicable to any Department of Defense
acquisition of supplies or services, including any contract
and any subcontract at any tier for acquisition of commercial
items produced or manufactured, in whole or in part by any
subcontractor or supplier defined in section 1544 of title
25, United States Code or a small business owned and
controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code: Provided
further, That, during the current fiscal year and hereafter,
businesses certified as 8(a) by the Small Business
Administration pursuant to section 8(a)(15) of Public Law 85-
536, as amended, shall have the same status as other program
participants under section 602 of Public Law 100-656, 102
Stat. 3825 (Business Opportunity Development Reform Act of
1988) for purposes of contracting with agencies of the
Department of Defense.
Sec. 8021. 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. 8022. 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. 8023. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may adjust wage rates
for civilian employees hired for certain health care
occupations as authorized for the Secretary of Veterans
Affairs by section 7455 of title 38, United States Code.
Sec. 8024. 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. 8025. (a) Of the funds made available in this Act, not
less than $35,975,000 shall be available for the Civil Air
Patrol Corporation, of which--
(1) $25,087,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol
Corporation operation and maintenance, readiness, counterdrug
activities, and drug demand reduction activities involving
youth programs;
(2) $10,193,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $695,000 shall be available from ``Other Procurement,
Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive
reimbursement for any funds used by the Civil Air Patrol for
counter-drug activities in support of Federal, State, and
local government agencies.
Sec. 8026. (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 1,050 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).
(e) The Secretary of Defense shall, with the submission of
the department's fiscal year 2008 budget request, submit a
report presenting the specific amounts of staff years of
technical effort to be allocated for each defense FFRDC
during that fiscal year.
(f) Notwithstanding any other provision of this Act, the
total amount appropriated in this Act for FFRDCs is hereby
reduced by $53,200,000.
Sec. 8027. None of the funds appropriated or made available
in this Act shall be used to procure carbon, alloy or armor
steel plate for use in any Government-owned facility or
property under the control of the Department of Defense which
were not melted and rolled in the United States or Canada:
Provided, That these procurement restrictions shall apply to
any and all Federal Supply Class 9515, American Society of
Testing and Materials (ASTM) or American Iron and Steel
Institute (AISI) specifications of carbon, alloy or armor
steel plate: Provided further, That the Secretary of the
military department responsible for the procurement may waive
this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That these restrictions
shall not apply to contracts which are in being as of the
date of the enactment of this Act.
Sec. 8028. 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. In addition, for any matter
pertaining to basic allowance for housing, facilities
sustainment, restoration and modernization, environmental
restoration and the Defense Health Program, ``congressional
defense committees'' also means the Subcommittee on Military
Quality of Life and Veterans Affairs, and Related Agencies of
the Committee on Appropriations of the House of
Representatives.
Sec. 8029. During the current fiscal year, the Department
of Defense may acquire the modification, depot maintenance
and repair of aircraft, vehicles and vessels as well as the
production of components and other Defense-related articles,
through competition between Department of Defense depot
maintenance activities and private firms: Provided, That the
Senior Acquisition Executive of the military department or
Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of
all direct and indirect costs for both public and private
bids: Provided further, That Office of Management and Budget
Circular A-0976 shall not apply to competitions conducted
under this section.
Sec. 8030. (a)(1) If the Secretary of Defense, after
consultation with the United States Trade Representative,
determines that a foreign country which is party to an
agreement described in paragraph (2) has violated the terms
of the agreement by discriminating against certain types of
products produced in the United States that are covered by
the agreement, the Secretary of Defense shall rescind the
Secretary's blanket waiver of the Buy American Act with
respect to such types of products produced in that foreign
country.
(2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of understanding,
between the United States and a foreign country pursuant to
which the Secretary of Defense has prospectively waived the
Buy American Act for certain products in that country.
(b) The Secretary of Defense shall submit to the Congress a
report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2007. Such report shall
separately indicate the dollar value of items for which the
Buy American Act was waived pursuant to any agreement
described in subsection (a)(2), the Trade Agreement Act of
1979 (19 U.S.C. 2501 et seq.), or any international agreement
to which the United States is a party.
(c) For purposes of this section, the term ``Buy American
Act'' means title III of the Act entitled ``An Act making
appropriations for the Treasury and Post Office Departments
for the fiscal year ending June 30, 1934, and for other
purposes'', approved March 3, 1933 (41 U.S.C. 10a et seq.).
Sec. 8031. Notwithstanding any other provision of law,
funds available during the current fiscal year and hereafter
for ``Drug Interdiction
[[Page S8520]]
and Counter-Drug Activities, Defense'' may be obligated for
the Young Marines program.
(including transfer of funds)
Sec. 8032. 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 101-09510; 10 U.S.C. 2687 note) shall be
available until expended for the payments specified by
section 2921(c)(2) of that Act.
Sec. 8033. (a) In General.--Notwithstanding any other
provision of law, the Secretary of the Air Force may convey
at no cost to the Air Force, without consideration, to Indian
tribes located in the States of North Dakota, South Dakota,
Montana, and Minnesota relocatable military housing units
located at Grand Forks Air Force Base and Minot Air Force
Base that are excess to the needs of the Air Force.
(b) Processing of Requests.--The Secretary of the Air Force
shall convey, at no cost to the Air Force, military housing
units under subsection (a) in accordance with the request for
such units that are submitted to the Secretary by the
Operation Walking Shield Program on behalf of Indian tribes
located in the States of North Dakota, South Dakota, Montana,
and Minnesota.
(c) Resolution of Housing Unit Conflicts.--The Operation
Walking Shield Program shall resolve any conflicts among
requests of Indian tribes for housing units under subsection
(a) before submitting requests to the Secretary of the Air
Force under subsection (b).
(d) Indian Tribe Defined.--In this section, the term
``Indian tribe'' means any recognized Indian tribe included
on the current list published by the Secretary of the
Interior under section 104 of the Federally Recognized Indian
Tribe Act of 1994 (Public Law 103-09454; 108 Stat. 4792; 25
U.S.C. 479a-091).
Sec. 8034. 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. 8035. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of
Defense Working Capital Funds shall be used for the purchase
of an investment item for the purpose of acquiring a new
inventory item for sale or anticipated sale during the
current fiscal year or a subsequent fiscal year to customers
of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of
Defense Business Operations Fund during fiscal year 1994 and
if the purchase of such an investment item would be
chargeable during the current fiscal year to appropriations
made to the Department of Defense for procurement.
(b) The fiscal year 2008 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2008 Department of
Defense budget shall be prepared and submitted to the
Congress on the basis that any equipment which was classified
as an end item and funded in a procurement appropriation
contained in this Act shall be budgeted for in a proposed
fiscal year 2008 procurement appropriation and not in the
supply management business area or any other area or category
of the Department of Defense Working Capital Funds.
Sec. 8036. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain
available for obligation beyond the current fiscal year,
except for funds appropriated for the Reserve for
Contingencies, which shall remain available until September
30, 2008: Provided, That funds appropriated, transferred, or
otherwise credited to the Central Intelligence Agency Central
Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended:
Provided further, That any funds appropriated or transferred
to the Central Intelligence Agency for advanced research and
development acquisition, for agent operations, and for covert
action programs authorized by the President under section 503
of the National Security Act of 1947, as amended, shall
remain available until September 30, 2008.
Sec. 8037. 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. 8038. 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. 8039. (a) None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense
unless the entity, in expending the funds, complies with the
Buy American Act. For purposes of this subsection, the term
``Buy American Act'' means title III of the Act entitled ``An
Act making appropriations for the Treasury and Post Office
Departments for the fiscal year ending June 30, 1934, and for
other purposes'', approved March 3, 1933 (41 U.S.C. 10a et
seq.).
(b) If the Secretary of Defense determines that a person
has been convicted of intentionally affixing a label bearing
a ``Made in America'' inscription to any product sold in or
shipped to the United States that is not made in America, the
Secretary shall determine, in accordance with section 2410f
of title 10, United States Code, whether the person should be
debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of
the Congress that any entity of the Department of Defense, in
expending the appropriation, purchase only American-made
equipment and products, provided that American-made equipment
and products are cost-competitive, quality-competitive, and
available in a timely fashion.
Sec. 8040. None of the funds appropriated by this Act shall
be available for a contract for studies, analysis, or
consulting services entered into without competition on the
basis of an unsolicited proposal unless the head of the
activity responsible for the procurement determines--
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an
unsolicited proposal which offers significant scientific or
technological promise, represents the product of original
thinking, and was submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a
specific concern, or to insure that a new product or idea of
a specific concern is given financial support: Provided, That
this limitation shall not apply to contracts in an amount of
less than $25,000, contracts related to improvements of
equipment that is in development or production, or contracts
as to which a civilian official of the Department of Defense,
who has been confirmed by the Senate, determines that the
award of such contract is in the interest of the national
defense.
Sec. 8041. (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. 8042. 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 report of the Committee on Appropriations of the
Senate accompanying this Act, and the projects specified in
such guidance shall be considered to be authorized by law.
(Rescissions)
Sec. 8043. 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:
``Other Procurement, Army, 2006/2008'', $20,000,000;
``Aircraft Procurement, Navy, 2006/2008'', $40,700,000;
``Shipbuilding and Conversion, Navy, 2006/2010'',
$220,000,000;
``Aircraft Procurement, Air Force, 2006/2008'',
$141,100,000;
``Missile Procurement, Air Force, 2006/2008'',
$100,000,000;
``Other Procurement, Air Force, 2006/2008'', $125,000,000;
``Research, Development, Test and Evaluation, Navy, 2006/
2007'', $27,282,000;
``Research, Development, Test and Evaluation, Air Force,
2006/2007'', $92,800,000;
``Research, Development, Test and Evaluation, Defense-Wide,
2006/2007'', $100,000,000;
``Aircraft Procurement, Air Force, 2005/2007'',
$107,200,000; and
``Shipbuilding and Conversion Navy, 2005/2009'',
$11,245,000.
Sec. 8044. 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. 8045. 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. 8046. 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
[[Page S8521]]
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. 8047. 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. 8048. Notwithstanding any other provision of law, that
not more than 35 percent of funds provided in this Act for
environmental remediation may be obligated under indefinite
delivery/indefinite quantity contracts with a total contract
value of $130,000,000 or higher.
Sec. 8049. (a) None of the funds available to the
Department of Defense for any fiscal year for drug
interdiction or counter-drug activities may be transferred to
any other department or agency of the United States except as
specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction and counter-
drug activities may be transferred to any other department or
agency of the United States except as specifically provided
in an appropriations law.
Sec. 8050. None of the funds appropriated by this Act may
be used for the procurement of ball and roller bearings other
than those produced by a domestic source and of domestic
origin: Provided, That the Secretary of the military
department responsible for such procurement may waive this
restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of
Representatives and the Senate, that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That this restriction
shall not apply to the purchase of ``commercial items'', as
defined by section 4(12) of the Office of Federal Procurement
Policy Act, except that the restriction shall apply to ball
or roller bearings purchased as end items.
Sec. 8051. 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. 8052. 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. 8053. 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. 8054. (a) Limitation on Transfer of Defense Articles
and Services.--Notwithstanding any other provision of law,
none of the funds available to the Department of Defense for
the current fiscal year may be obligated or expended to
transfer to another nation or an international organization
any defense articles or services (other than intelligence
services) for use in the activities described in subsection
(b) unless the congressional defense committees, the
Committee on International Relations of the House of
Representatives, and the Committee on Foreign Relations of
the Senate are notified 15 days in advance of such transfer.
(b) Covered Activities.--This section applies to--
(1) any international peacekeeping or peace-enforcement
operation under the authority of chapter VI or chapter VII of
the United Nations Charter under the authority of a United
Nations Security Council resolution; and
(2) any other international peacekeeping, peace-
enforcement, or humanitarian assistance operation.
(c) Required Notice.--A notice under subsection (a) shall
include the following:
(1) A description of the equipment, supplies, or services
to be transferred.
(2) A statement of the value of the equipment, supplies, or
services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies--
(A) a statement of whether the inventory requirements of
all elements of the Armed Forces (including the reserve
components) for the type of equipment or supplies to be
transferred have been met; and
(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how the
President proposes to provide funds for such replacement.
Sec. 8055. 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. 8056. 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. 8057. 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 101-09510, as amended (31 U.S.C. 1551 note):
Provided, That in the case of an expired account, if
subsequent review or investigation discloses that there was
not in fact a negative unliquidated or unexpended balance in
the account, any charge to a current account under the
authority of this section shall be reversed and recorded
against the expired account: Provided further, That the total
amount charged to a current appropriation under this section
may not exceed an amount equal to 1 percent of the total
appropriation for that account.
Sec. 8058. (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. 8059. 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. 8060. 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. 8061. Notwithstanding any other provision of law,
funds available to the Department of Defense 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. 8062. None of the funds made available in this Act may
be used to approve or license the
[[Page S8522]]
sale of the F-0922A advanced tactical fighter to any foreign
government.
Sec. 8063. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each
limitation on the procurement of defense items from foreign
sources provided in law if the Secretary determines that the
application of the limitation with respect to that country
would invalidate cooperative programs entered into between
the Department of Defense and the foreign country, or would
invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 2531 of title 10,
United States Code, and the country does not discriminate
against the same or similar defense items produced in the
United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under
subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings,
food, and clothing or textile materials as defined by section
11 (chapters 50-0965) 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. 8064. (a) Prohibition.--None of the funds made
available by this Act may be used to support any training
program involving a unit of the security forces of a foreign
country if the Secretary of Defense has received credible
information from the Department of State that the unit has
committed a gross violation of human rights, unless all
necessary corrective steps have been taken.
(b) Monitoring.--The Secretary of Defense, in consultation
with the Secretary of State, shall ensure that prior to a
decision to conduct any training program referred to in
subsection (a), full consideration is given to all credible
information available to the Department of State relating to
human rights violations by foreign security forces.
(c) Waiver.--The Secretary of Defense, after consultation
with the Secretary of State, may waive the prohibition in
subsection (a) if he determines that such waiver is required
by extraordinary circumstances.
(d) Report.--Not more than 15 days after the exercise of
any waiver under subsection (c), the Secretary of Defense
shall submit a report to the congressional defense committees
describing the extraordinary circumstances, the purpose and
duration of the training program, the United States forces
and the foreign security forces involved in the training
program, and the information relating to human rights
violations that necessitates the waiver.
Sec. 8065. 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. 8066. None of the funds appropriated or otherwise made
available by this or other Department of Defense
Appropriations Acts may be obligated or expended for the
purpose of performing repairs or maintenance to military
family housing units of the Department of Defense, including
areas in such military family housing units that may be used
for the purpose of conducting official Department of Defense
business.
Sec. 8067. 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. 8068. 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. 8069. 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. 8070. (a) Registering Financial Management Information
Technology Systems With DOD Chief Information Officer.--None
of the funds appropriated in this Act may be used for a
mission critical or mission essential financial management
information technology system (including a system funded by
the defense working capital fund) that is not registered with
the Chief Information Officer of the Department of Defense. A
system shall be considered to be registered with that officer
upon the furnishing to that officer of notice of the system,
together with such information concerning the system as the
Secretary of Defense may prescribe. A financial management
information technology system shall be considered a mission
critical or mission essential information technology system
as defined by the Under Secretary of Defense (Comptroller).
(b) Certifications as to Compliance With Financial
Management Modernization Plan.--
(1) During the current fiscal year, a financial management
automated information system, a mixed information system
supporting financial and non-financial systems, or a system
improvement of more than $1,000,000 may not receive Milestone
A approval, Milestone B approval, or full rate production, or
their equivalent, within the Department of Defense until the
Under Secretary of Defense (Comptroller) certifies, with
respect to that milestone, that the system is being developed
and managed in accordance with the Department's Financial
Management Modernization Plan. The Under Secretary of Defense
(Comptroller) may require additional certifications, as
appropriate, with respect to any such system.
(2) The Chief Information Officer shall provide the
congressional defense committees timely notification of
certifications under paragraph (1).
(c) Certifications as to Compliance With Clinger-Cohen
Act.--
(1) During the current fiscal year, a major automated
information system may not receive Milestone A approval,
Milestone B approval, or full rate production approval, or
their equivalent, within the Department of Defense until the
Chief Information Officer certifies, with respect to that
milestone, that the system is being developed in accordance
with the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.).
The Chief Information Officer may require additional
certifications, as appropriate, with respect to any such
system.
(2) The Chief Information Officer shall provide the
congressional defense committees timely notification of
certifications under paragraph (1). Each such notification
shall include a statement confirming that the following steps
have been taken with respect to the system:
(A) Business process reengineering.
(B) An analysis of alternatives.
(C) An economic analysis that includes a calculation of the
return on investment.
(D) Performance measures.
(E) An information assurance strategy consistent with the
Department's Global Information Grid.
(d) Definitions.--For purposes of this section:
(1) The term ``Chief Information Officer'' means the senior
official of the Department of Defense designated by the
Secretary of Defense pursuant to section 3506 of title 44,
United States Code.
(2) The term ``information technology system'' has the
meaning given the term ``information technology'' in section
5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401).
Sec. 8071. 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. 8072. 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. 8073. None of the funds provided in this Act may be
used to transfer to any nongovernmental entity ammunition
held by the Department of Defense that has a center-fire
cartridge and a United States military nomenclature
designation of ``armor penetrator'', ``armor piercing (AP)'',
``armor piercing incendiary (API)'', or ``armor-piercing
incendiary-tracer (API-09T)'', 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. 8074. 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
[[Page S8523]]
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. 8075. None of the funds appropriated by this Act shall
be used for the support of any nonappropriated funds activity
of the Department of Defense that procures malt beverages and
wine with nonappropriated funds for resale (including such
alcoholic beverages sold by the drink) on a military
installation located in the United States unless such malt
beverages and wine are procured within that State, or in the
case of the District of Columbia, within the District of
Columbia, in which the military installation is located:
Provided, That in a case in which the military installation
is located in more than one State, purchases may be made in
any State in which the installation is located: Provided
further, That such local procurement requirements for malt
beverages and wine shall apply to all alcoholic beverages
only for military installations in States which are not
contiguous with another State: Provided further, That
alcoholic beverages other than wine and malt beverages, in
contiguous States and the District of Columbia shall be
procured from the most competitive source, price and other
factors considered.
Sec. 8076. 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. 8077. Of the amounts appropriated in this Act under
the heading ``Operation and Maintenance, Army'', $78,300,000
shall remain available until expended: Provided, That
notwithstanding any other provision of law, the Secretary of
Defense is authorized to transfer such funds to other
activities of the Federal Government: Provided further, That
the Secretary of Defense is authorized to enter into and
carry out contracts for the acquisition of real property,
construction, personal services, and operations related to
projects carrying out the purposes of this section: Provided
further, That contracts entered into under the authority of
this section may provide for such indemnification as the
Secretary determines to be necessary: Provided further, That
projects authorized by this section shall comply with
applicable Federal, State, and local law to the maximum
extent consistent with the national security, as determined
by the Secretary of Defense.
Sec. 8078. Section 8106 of the Department of Defense
Appropriations Act, 1997 (titles I through VIII of the matter
under subsection 101(b) of Public Law 104-09208; 110 Stat.
3009-09111; 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. 8079. (a) The Secretary of Defense, in coordination
with the Secretary of Health and Human Services, may carry
out a program to distribute surplus dental and medical
equipment of the Department of Defense, at no cost to the
Department of Defense, to Indian Health Service facilities
and to federally-qualified health centers (within the meaning
of section 1905(l)(2)(B) of the Social Security Act (42
U.S.C. 1396d(l)(2)(B))).
(b) In carrying out this provision, the Secretary of
Defense shall give the Indian Health Service a property
disposal priority equal to the priority given to the
Department of Defense and its twelve special screening
programs in distribution of surplus dental and medical
supplies and equipment.
Sec. 8080. Amounts appropriated in title II of this Act are
hereby reduced by $92,000,000 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'', $5,000,000.
(2) From ``Operation and Maintenance, Air Force'',
$87,000,000.
Sec. 8081. 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. 8082. Of the amounts appropriated in this Act under
the heading ``Research, Development, Test and Evaluation,
Defense-Wide'', $152,494,000 shall be made available for the
Arrow missile defense program: Provided, That of this amount,
$63,000,000 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 $25,000,000 shall be
available for the purpose of the initiation of a joint
feasibility study designated the Short Range Ballistic
Missile Defense (SRBMD) initiative: Provided further, That
funds made available under this provision for production of
missiles and missile components may be transferred to
appropriations available for the procurement of weapons and
equipment, to be merged with and to be available for the same
time period and the same purposes as the appropriation to
which transferred: Provided further, That the transfer
authority provided under this provision is in addition to any
other transfer authority contained in this Act.
(including transfer of funds)
Sec. 8083. Of the amounts appropriated in this Act under
the heading ``Shipbuilding and Conversion, Navy'',
$557,849,000 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, $25,000,000;
Under the heading ``Shipbuilding and Conversion, Navy,
2000/2007'':
LPD-0917 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, $338,400,000;
Under the heading ``Shipbuilding and Conversion, Navy,
2002/2007'':
New SSN, $43,000,000;
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-0917 Amphibious Transport Dock Ship Program,
$22,400,000.
Sec. 8084. 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. 8085. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may exercise the
provisions of section 7403(g) of title 38, United States Code
for occupations listed in section 7403(a)(2) of title 38,
United States Code as well as the following:
Pharmacists, Audiologists, and Dental Hygienists.
(A) The requirements of section 7403(g)(1)(A) of title 38,
United States Code shall apply.
(B) The limitations of section 7403(g)(1)(B) of title 38,
United States Code shall not apply.
Sec. 8086. 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. 8087. 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. 8088. 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
and resupply vehicle program (NLOS-09C) in order to field
this system in fiscal year 2010, consistent with the broader
plan to field the Future Combat System (FCS) in fiscal year
2010: Provided, That if the Army is precluded from fielding
the FCS program by fiscal year 2010, then the Army shall
develop the NLOS-09C 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-09C 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. 8089. 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. 8090. 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-095 and OP-0932 (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. 8091. 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.
[[Page S8524]]
Sec. 8092. 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. 8093. 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-09130
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. 8094. 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. 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.
Sec. 8096. (a) At the time members of reserve components of
the Armed Forces are called or ordered to active duty under
section 12302(a) of title 10, United States Code, each member
shall be notified in writing of the expected period during
which the member will be mobilized.
(b) The Secretary of Defense may waive the requirements of
subsection (a) in any case in which the Secretary determines
that it is necessary to do so to respond to a national
security emergency or to meet dire operational requirements
of the Armed Forces.
(transfer of funds)
Sec. 8097. The Secretary of Defense may transfer funds from
any currently available Department of the Navy appropriation
to any available Navy shipbuilding and conversion
appropriation for the purpose of funding shipbuilding cost
increases for any ship construction program, to be merged
with and to be available for the same purposes and for the
same time period as the appropriation to which transferred:
Provided, That all transfers under this section shall be
subject to the notification requirements applicable to
transfers under section 8005 of this Act.
Sec. 8098. (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. 8099. In addition to funds made available elsewhere in
this Act, $5,500,000 is hereby appropriated and shall remain
available until expended to provide assistance, by grant or
otherwise (such as, but not limited to, the provision of
funds for repairs, maintenance, construction, and/or for the
purchase of information technology, text books, teaching
resources), to public schools that have unusually high
concentrations of special needs military dependents enrolled:
Provided, That in selecting school systems to receive such
assistance, special consideration shall be given to school
systems in States that are considered overseas assignments,
and all schools within these school systems shall be eligible
for assistance: Provided further, That up to 2 percent of the
total appropriated funds under this section shall be
available to support the administration and execution of the
funds or program and/or events that promote the purpose of
this appropriation (e.g. payment of travel and per diem of
school teachers attending conferences or a meeting that
promotes the purpose of this appropriation and/or consultant
fees for on-site training of teachers, staff, or Joint
Venture Education Forum (JVEF) Committee members): Provided
further, That up to $2,000,000 shall be available for the
Department of Defense to establish a non-profit trust fund to
assist in the public-private funding of public school repair
and maintenance projects, or provide directly to non-profit
organizations who in return will use these monies to provide
assistance in the form of repair, maintenance, or renovation
to public school systems that have high concentrations of
special needs military dependents and are located in States
that are considered overseas assignments: Provided further,
That to the extent a Federal agency provides this assistance,
by contract, grant, or otherwise, it may accept and expend
non-Federal funds in combination with these Federal funds to
provide assistance for the authorized purpose, if the non-
Federal entity requests such assistance and the non-Federal
funds are provided on a reimbursable basis.
Sec. 8100. 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. 8101. 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. 8102. (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. 8103. Of the funds provided in this Act, $10,000,000
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. 8104. The authority to conduct a cooperative program
in the proviso in title II of Public Law 102-09368 under the
heading ``Research, Development, Test and Evaluation, Defense
Agencies'' (106 Stat. 1121) shall be extended through
September 30, 2008.
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. The Secretary of Defense may present promotional
materials, including a United States flag, to any member of
an Active or Reserve component under the Secretary's
jurisdiction who, as determined by the Secretary,
participates in Operation Enduring Freedom or Operation Iraqi
Freedom, along with other recognition items in conjunction
with any week-long national observation and day of national
celebration, if established by Presidential proclamation, for
any such members returning from such operations.
Sec. 8107. 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 $520,300,000, the total amount appropriated in
title III of this Act is hereby reduced by $331,600,000, the
total amount appropriated in title IV of this Act is hereby
reduced by $317,000,000, the total amount appropriated in
title V of this Act is hereby reduced by $9,700,000, and the
total amount appropriated in title VI of this Act is hereby
reduced by $93,700,000: 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.
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-0952H 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-0952H 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 analysis and justification of the cost and projected
savings of any reductions to the B-0952H bomber fleet as a
result of the retirement or dismantlement of the B-0952H
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.
[[Page S8525]]
(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
Analysis 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.
TITLE IX
ADDITIONAL APPROPRIATIONS
CHAPTER 1
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$5,054,502,000.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$114,500,000.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine
Corps'', $142,320,000.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air
Force'', $129,000,000.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$90,910,000.
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'', $214,100,000.
CHAPTER 2
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance,
Army'', $24,037,232,000.
Operation and Maintenance, Navy
(including transfer of funds)
For an additional amount for ``Operation and Maintenance,
Navy'', $1,284,172,000: 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'', $1,809,466,000.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance,
Air Force'', $1,940,553,000.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $2,383,189,000 of which up to $760,000,000,
to remain available until expended, may be used for payments
to reimburse Pakistan, Jordan, and other key cooperating
nations, for logistical, military, and other support
provided, or to be provided, to United States military
operations, notwithstanding any other provision of law:
Provided, That such payments may be made in such amounts as
the Secretary of Defense, with the concurrence of the
Secretary of State, and in consultation with the Director of
the Office of Management and Budget, may determine, in his
discretion, based on documentation determined by the
Secretary of Defense to adequately account for the support
provided, and such determination is final and conclusive upon
the accounting officers of the United States, and 15 days
following notification to the appropriate congressional
committees: Provided further, That the Secretary of Defense
shall provide quarterly reports to the congressional defense
committees on the use of funds provided in this paragraph.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance,
Army Reserve'', $211,600,000.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance,
Navy Reserve'', $8,036,000.
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'', $204,000,000.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance,
Air National Guard'', $200,000,000.
Iraq Freedom Fund
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Iraq Freedom Fund'',
$50,000,000, to remain available for transfer until September
30, 2008, only to support operations in Iraq or Afghanistan:
Provided, That the Secretary of Defense may transfer the
funds provided herein to appropriations for military
personnel; operation and maintenance; Overseas Humanitarian,
Disaster, and Civic Aid; procurement; research, development,
test and evaluation; and working capital funds: Provided
further, That funds transferred shall be merged with and be
available for the same purposes and for the same time period
as the appropriation or fund to which transferred: Provided
further, That this transfer authority is in addition to any
other transfer authority available to the Department of
Defense: Provided further, That upon a determination that all
or part of the funds transferred from this appropriation are
not necessary for the purposes provided herein, such amounts
may be transferred back to this appropriation: Provided
further, That the Secretary of Defense shall, not fewer than
5 days prior to making transfers from this appropriation,
notify the congressional defense committees in writing of the
details of any such transfer: Provided further, That the
Secretary shall submit a report no later than 30 days after
the end of each fiscal quarter to the congressional defense
committees summarizing the details of the transfer of funds
from this appropriation.
Afghanistan Security Forces Fund
(INCLUDING TRANSFER OF FUNDS)
For the ``Afghanistan Security Forces Fund'',
$1,200,000,000, to remain available until September 30, 2008:
Provided, That such funds shall be available to the Secretary
of Defense, notwithstanding any other provision of law, for
the purpose of allowing the Commander, Office of Security
Cooperation--Afghanistan, or the Secretary's designee, to
provide assistance, with the concurrence of the Secretary of
State, to the security forces of Afghanistan, including the
provision of equipment, supplies, services, training,
facility and infrastructure repair, renovation, and
construction, and funding: Provided further, That the
authority to provide assistance under this heading is in
addition to any other authority to provide assistance to
foreign nations: Provided further, That the Secretary of
Defense may transfer such funds to appropriations for
military personnel; operation and maintenance; Overseas
Humanitarian, Disaster, and Civic Aid; procurement; research,
development, test and evaluation; and defense working capital
funds to accomplish the purposes provided herein: Provided
further, That this transfer authority is in addition to any
other transfer authority available to the Department of
Defense: Provided further, That upon a determination that all
or part of the funds so transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That contributions of funds for the
purposes provided herein from any person, foreign government,
or international organization may be credited to this Fund,
and used for such purposes: Provided further, That the
Secretary shall notify the congressional defense committees
in writing upon the receipt and upon the transfer of any
contribution delineating the sources and amounts of the funds
received and the specific use of such contributions: Provided
further, That the Secretary of Defense shall, not fewer than
five days prior to making transfers from this appropriation
account, notify the congressional defense committees in
writing of the details of any such transfer: Provided
further, That the Secretary shall submit a report no later
than 30 days after the end of each fiscal quarter to the
congressional defense committees summarizing the details of
the transfer of funds from this appropriation.
Iraq Security Forces Fund
(INCLUDING TRANSFER OF FUNDS)
For the ``Iraq Security Forces Fund'', $1,400,000,000, to
remain available until September 30, 2008: Provided, That
such funds shall be available to the Secretary of Defense,
notwithstanding any other provision of law, for the purpose
of allowing the Commander, Multi-National Security Transition
Command--Iraq, or the Secretary's designee, to provide
assistance, with the concurrence of the Secretary of State,
to the security forces of Iraq, including the provision of
equipment, supplies, services, training, facility and
infrastructure repair, renovation, and construction, and
funding: Provided further, That the authority to provide
assistance under this heading is in addition to any other
authority to provide assistance to foreign nations: Provided
further, That the Secretary of Defense may transfer such
funds to appropriations for military personnel; operation and
maintenance; Overseas Humanitarian, Disaster, and Civic Aid;
procurement; research, development, test and evaluation; and
defense working capital funds to accomplish the purposes
provided herein: Provided further, That this transfer
authority is in addition to any other transfer authority
available to the Department of Defense: Provided further,
That upon a determination that all or part of the funds so
transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred
back to this appropriation: Provided further, That
contributions of funds for the purposes provided herein from
any person, foreign government, or international organization
may be credited to this Fund, and used for such purposes:
Provided further, That the Secretary shall notify the
congressional defense committees in writing upon the receipt
and upon the transfer of any contribution delineating the
sources and amounts of the funds received and the specific
use of such contributions: Provided further, That the
Secretary of Defense shall, not fewer than five days prior to
making transfers from this appropriation account, notify the
congressional defense committees in writing of the details of
any such transfer: Provided further, That the Secretary shall
submit a report no later than 30 days after the end of each
fiscal quarter to the congressional defense committees
summarizing the details of the transfer of funds from this
appropriation.
Joint Improvised Explosive Device Defeat Fund
(Including Transfer of Funds)
For the ``Joint Improvised Explosive Device Defeat Fund'',
$1,500,000,000, to remain available until September 30, 2009:
Provided, That such funds shall be available to the Secretary
of
[[Page S8526]]
Defense, notwithstanding any other provision of law, for the
purpose of allowing the Director of the Joint Improvised
Explosive Device Defeat Organization to investigate, develop
and provide equipment, supplies, services, training,
facilities, personnel and funds to assist United States
forces in the defeat of improvised explosive devices:
Provided further, That within 60 days of the enactment of
this Act, a plan for the intended management and use of the
Fund is provided to the congressional defense committees:
Provided further, That the Secretary of Defense shall submit
a report not later than 30 days after the end of each fiscal
quarter to the congressional defense committees providing
assessments of the evolving threats, individual service
requirements to counter the threats, the current strategy for
predeployment training of members of the Armed Forces on
improvised explosive devices, and details on the execution of
this Fund: Provided further, That the Secretary of Defense
may transfer funds provided herein to appropriations for
military personnel; operation and maintenance; procurement;
research, development, test and evaluation; and defense
working capital funds to accomplish the purpose provided
herein: Provided further, That this transfer authority is in
addition to any other transfer authority available to the
Department of Defense: Provided further, That upon
determination that all or part of the funds so transferred
from this appropriation are not necessary for the purpose
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the Secretary of
Defense shall, not fewer than 5 days prior to making
transfers from this appropriation, notify the congressional
defense committees in writing of the details of any such
transfer.
CHAPTER 3
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement,
Army'', $556,000,000, to remain available until September 30,
2009.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and
Tracked Combat Vehicles, Army'', $1,048,280,000, to remain
available until September 30, 2009.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$1,817,527,000, to remain available until September 30, 2009.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement,
Navy'', $153,700,000, to remain available until September 30,
2009.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition,
Navy and Marine Corps'', $99,930,000, to remain available
until September 30, 2009.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$276,500,000, to remain available until September 30, 2009.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$1,281,068,000, to remain available until September 30, 2009.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air
Force'', $720,100,000, to remain available until September
30, 2009.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air
Force'', $25,400,000, to remain available until September 30,
2009.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air
Force'', $1,220,293,000, to remain available until September
30, 2009.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$56,255,000, to remain available until September 30, 2009.
CHAPTER 4
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test
and Evaluation, Navy'', $110,000,000, 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'', $33,064,000, 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'', $155,144,000, to remain
available until September 30, 2008.
CHAPTER 5
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital
Funds'', $373,474,000.
CHAPTER 6
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, THIS TITLE
Sec. 9001. Appropriations provided in this title are
available for obligation until September 30, 2007, unless
otherwise so provided in this title.
Sec. 9002. Notwithstanding any other provision of law or of
this Act, funds made available in this title are in addition
to amounts provided elsewhere in this Act.
(TRANSFER OF FUNDS)
Sec. 9003. Upon his determination that such action is
necessary in the national interest, the Secretary of Defense
may transfer between appropriations up to $2,500,000,000 of
the funds made available to the Department of Defense in this
title: Provided, That the Secretary shall notify the Congress
promptly of each transfer made pursuant to the authority in
this section: Provided further, That the authority provided
in this section is in addition to any other transfer
authority available to the Department of Defense and is
subject to the same terms and conditions as the authority
provided in section 8005 of this Act.
Sec. 9004. Funds appropriated in this title, or made
available by the transfer of funds in or pursuant to this
title, for intelligence activities are deemed to be
specifically authorized by the Congress for purposes of
section 504 of the National Security Act of 1947 (50 U.S.C.
414).
Sec. 9005. None of the funds provided in this title may be
used to finance programs or activities denied by Congress in
fiscal years 2006 or 2007 appropriations to the Department of
Defense or to initiate a procurement or research,
development, test and evaluation new start program without
prior written notification to the congressional defense
committees.
Sec. 9006. (a) From funds made available in this title to
the Department of Defense, not to exceed $500,000,000 may be
used, notwithstanding any other provision of law, to fund the
Commander's Emergency Response Program, for the purpose of
enabling military commanders in Iraq to respond to urgent
humanitarian relief and reconstruction requirements within
their areas of responsibility by carrying out programs that
will immediately assist the Iraqi people, and to fund a
similar program to assist the people of Afghanistan.
(b) Quarterly Reports.--Not later than 15 days after the
end of each fiscal year quarter (beginning with the first
quarter of fiscal year 2007), the Secretary of Defense shall
submit to the congressional defense committees a report
regarding the source of funds and the allocation and use of
funds during that quarter that were made available pursuant
to the authority provided in this section or under any other
provision of law for the purposes of the programs under
subsection (a).
Sec. 9007. Amounts provided in this title for operations in
Iraq and Afghanistan may be used by the Department of Defense
for the purchase of up to 20 heavy and light armored vehicles
for force protection purposes, notwithstanding price or other
limitations specified elsewhere in this Act, or any other
provision of law: Provided, That the Secretary of Defense
shall submit a report in writing no later than 30 days after
the end of each fiscal quarter notifying the congressional
defense committees of any purchase described in this section,
including the cost, purposes, and quantities of vehicles
purchased.
Sec. 9008. During the current fiscal year, funds available
to the Department of Defense for operation and maintenance
may be used, notwithstanding any other provision of law, to
provide supplies, services, transportation, including airlift
and sealift, and other logistical support to coalition forces
supporting military and stability operations in Iraq and
Afghanistan: Provided, That the Secretary of Defense shall
provide quarterly reports to the congressional defense
committees regarding support provided under this section.
Sec. 9009. Supervision and administration costs associated
with a construction project funded with appropriations
available for operation and maintenance, and executed in
direct support of the Global War on Terrorism only in Iraq
and Afghanistan, may be obligated at the time a construction
contract is awarded: Provided, That for the purpose of this
section, supervision and administration costs include all in-
house Government costs.
Sec. 9010. (a) Not later than 60 days after the date of the
enactment of this Act and every 90 days thereafter through
the end of fiscal year 2007, the Secretary of Defense shall
set forth in a report to Congress a comprehensive set of
performance indicators and measures for progress toward
military and political stability in Iraq.
(b) The report shall include performance standards and
goals for security, economic, and security force training
objectives in Iraq together with a notional timetable for
achieving these goals.
(c) In specific, the report requires, at a minimum, the
following:
(1) With respect to stability and security in Iraq, the
following:
(A) Key measures of political stability, including the
important political milestones that must be achieved over the
next several years.
(B) The primary indicators of a stable security environment
in Iraq, such as number of engagements per day, numbers of
trained Iraqi forces, and trends relating to numbers and
types of ethnic and religious-based hostile encounters.
(C) An assessment of the estimated strength of the
insurgency in Iraq and the extent to which it is composed of
non-Iraqi fighters.
(D) A description of all militias operating in Iraq,
including the number, size, equipment strength, military
effectiveness, sources of support, legal status, and efforts
to disarm or reintegrate each militia.
[[Page S8527]]
(E) Key indicators of economic activity that should be
considered the most important for determining the prospects
of stability in Iraq, including--
(i) unemployment levels;
(ii) electricity, water, and oil production rates; and
(iii) hunger and poverty levels.
(F) The criteria the Administration will use to determine
when it is safe to begin withdrawing United States forces
from Iraq.
(2) With respect to the training and performance of
security forces in Iraq, the following:
(A) The training provided Iraqi military and other Ministry
of Defense forces and the equipment used by such forces.
(B) Key criteria for assessing the capabilities and
readiness of the Iraqi military and other Ministry of Defense
forces, goals for achieving certain capability and readiness
levels (as well as for recruiting, training, and equipping
these forces), and the milestones and notional timetable for
achieving these goals.
(C) The operational readiness status of the Iraqi military
forces, including the type, number, size, and organizational
structure of Iraqi battalions that are--
(i) capable of conducting counterinsurgency operations
independently;
(ii) capable of conducting counterinsurgency operations
with the support of United States or coalition forces; or
(iii) not ready to conduct counterinsurgency operations.
(D) The rates of absenteeism in the Iraqi military forces
and the extent to which insurgents have infiltrated such
forces.
(E) The training provided Iraqi police and other Ministry
of Interior forces and the equipment used by such forces.
(F) Key criteria for assessing the capabilities and
readiness of the Iraqi police and other Ministry of Interior
forces, goals for achieving certain capability and readiness
levels (as well as for recruiting, training, and equipping),
and the milestones and notional timetable for achieving these
goals, including--
(i) the number of police recruits that have received
classroom training and the duration of such instruction;
(ii) the number of veteran police officers who have
received classroom instruction and the duration of such
instruction;
(iii) the number of police candidates screened by the Iraqi
Police Screening Service, the number of candidates derived
from other entry procedures, and the success rates of those
groups of candidates;
(iv) the number of Iraqi police forces who have received
field training by international police trainers and the
duration of such instruction; and
(v) attrition rates and measures of absenteeism and
infiltration by insurgents.
(G) The estimated total number of Iraqi battalions needed
for the Iraqi security forces to perform duties now being
undertaken by coalition forces, including defending the
borders of Iraq and providing adequate levels of law and
order throughout Iraq.
(H) The effectiveness of the Iraqi military and police
officer cadres and the chain of command.
(I) The number of United States and coalition advisors
needed to support the Iraqi security forces and associated
ministries.
(J) An assessment, in a classified annex if necessary, of
United States military requirements, including planned force
rotations, through the end of calendar year 2007.
Sec. 9011. Amounts provided in chapters 1 and 2 of this
title are 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 are designated as an emergency
requirement pursuant to section 402 of S. Con. Res. 83 (109th
Congress), the concurrent resolution on the budget for fiscal
year 2007, as made applicable in the Senate by section 7035
of Public Law 109-09234: Provided, That the amounts provided
in chapters 3, 4, 5, and 6 of this title are available
immediately upon enactment of this Act.
This Act may be cited as the ``Department of Defense
Appropriations Act, 2007''.
Mr. STEVENS. Mr. President, Senator Inouye and I are pleased to
present this Defense appropriations bill for fiscal year 2007 to the
Senate. This bill reflects the bipartisan approach that my cochairman,
Senator Inouye, and I have maintained regarding the issue of the
Department of Defense as cochairmen of the Subcommittee on Defense for
the Appropriations Committee. It has been a pleasure for us to work
together and with the other members of the committee in the process.
This bill was reported out of the full Appropriations Committee 2
weeks ago by a unanimous vote. We hope to finish this bill this week so
we can proceed to conference early in September. Our goal is to get the
bill to the President before the end of the fiscal year. This bill can
be worked on by the staffs in the August recess, and with the House,
and we will be able to proceed as early as possible in September if we
can finish the work this week.
It is our hope that we can finish the bill and have it be sent to
conference before we leave for the August recess. The Army, Navy, Air
Force, and Marines need these funds at the beginning of the fiscal
year, not 3 or 4 months after the beginning of the fiscal year. We
should do everything possible to ensure that Congress completes action
on this bill in a timely fashion.
As we debate this bill today, there are hundreds of thousands of men
and women in uniform forward deployed and serving our country in over
120 countries throughout the world and throughout the United States.
Their bravery and dedication to our country are extraordinary, and
their sacrifices don't go unnoticed.
Each year, the Department of Defense faces the critical challenge of
balancing the costs of maintaining high levels of readiness, being
ready to respond to the call wherever and whenever it is necessary.
This also means adequately investing in transformation to be ready to
meet the threats of tomorrow.
The bill Senator Inouye and I present today offers a prudent balance
among these challenges. It recommends $453.5 billion in new
discretionary authority for the Department of Defense, which includes
$50 billion in additional appropriations to fund operations related to
the global war to contain violent extremists. This bill is $9 billion
under the President's budget request, consistent with the
subcommittee's 302(b) allocation.
In order to reach that figure, we had to cut key defense readiness
and modernization programs. We closely reviewed program execution and
focused on unjustified growth and program delays. We have received many
requests from Members that we could not address this year for lack of
funds.
The bill is $13 billion under the national defense authorization bill
recently passed by the Senate. That means that just because a program
or project was authorized, it doesn't mean funding was available in
this bill. It wasn't possible under the allocations we have received.
Given our restraints, the bill doesn't provide much in the way of
medical research outside of the budget. We primarily focus on the
limited medical resources in the bill toward the treatment of
conditions directly impacting our military today rather than longer
term research.
I remain concerned about the migration of funds from defense
requirements to nondefense medical research, and how we sustain such
funding in a declining budget environment.
This measure is consistent with both the objectives of the
administration and the broad recommendations contained in the Senate's
national defense authorization bill for fiscal year 2007.
We have sought to recommend a balanced bill to the Senate. We believe
it addresses key requirements for readiness, quality of life, and
transformation of the force.
It honors the commitment we have to our Armed Forces. It helps ensure
that they will continue to have first-rate training, modernized
equipment, and quality infrastructure.
It provides the much needed funds to continue the global war against
terror.
Finally, I thank my great friend and colleague, Senator Inouye, and
his staff, particularly Charlie Houy, for their support and counsel on
this bill.
I yield at this time to Senator Inouye for any statements the
cochairman wishes to make.
Mr. REID. Mr. President, may I ask the distinguished ranking member
of the subcommittee to allow me to make a brief statement?
Mr. INOUYE. Yes.
Tribute to Phillip Baucus
Mr. REID. Mr. President, I received a phone call early this morning
from Senator Max Baucus. It was a call that was so troubling. Max
Baucus and I are friends. I have such great admiration and respect and
affection for him. On this issue that is before the Senate now, he has
been such a good person, trying to work through the matter we are going
to vote on this Friday. He called to indicate that he would not be here
this week. He asked me not to say anything until he made some public
statement. I have certainly followed his desire.
Senator Baucus comes from a very close-knit family. He has one son.
Senator Baucus' nephew, Phillip, is also like a son to Senator Baucus.
He was killed in Iraq on Saturday. He was 28 years old. He died while
conducting combat operations in Al Anbar Province.
[[Page S8528]]
On behalf of the entire Senate family, I express through the Chair to
our dear friend, Max Baucus, our sympathy and condolences.
Senator Baucus put out a brief statement saying that Phillip was
an incredible person, a dedicated Marine, a loving son and
husband, and a proud Montanan and American. He heroically
served the country he loved and he gave it his all. We loved
him dearly, and we'll miss him more than words can ever
express.
Mr. President, during these difficult times for Senator Baucus and
the entire Baucus family while dealing with this loss, we send to them
our thoughts and our prayers.
The PRESIDING OFFICER. The Senator from Hawaii.
Mr. INOUYE. Mr. President, I wish to join my leader in expressing my
condolences and my sadness. It is ironic that at this moment we are
considering a measure which is something that is very important to him.
Mr. President, I rise to express my strong support for the measure
pending before us. The measure includes some $453.5 billion for the
Department of Defense. As the chairman stated, it includes $50 billion
to help offset the cost of wars in Iraq and Afghanistan for the first
several months of fiscal year 2007.
This is a very good bill, and all of my colleagues should thank
Chairman Stevens for his efforts. And believe me, it wasn't easy.
Everyone in the Senate knows how difficult it is to write a Defense
bill, but this year's challenge was particularly great because the
committee's 302 allocation required the Defense Subcommittee to cut $9
billion from the requested amounts. As a result, this bill is $13
billion below the amount the Senate has already approved for Defense
authorization this year.
However, it is also true that if supplemental funds are excluded from
comparison, the recommended funding is still $15 billion more than was
provided in fiscal year 2006.
This is a tough bill but an exceedingly fair one. It provides for the
essential requirements of the Department of Defense while holding down
the growth in the budget. The committee did a tough review of the real
needs of the Defense budget. Funding for programs that were delayed or
in which substantial increases were requested was curtailed.
The chairman also made a courageous decision to cut back on the
nondefense medical research funding in this bill. In recent years,
Senators have been seeking funding for more and more medical programs
that have very little direct relations to defense matters. Because of
the need of sharply reducing funding, the chairman had to decide to
deny funds for many of these programs.
To my colleagues on the Democratic side, Mr. President, I say this is
a good bill. It was fashioned in a bipartisan manner and it funds our
critical defense needs. I fully support the bill that was unanimously
reported out by the committee and recommended to the Senate.
I urge my colleagues to support this measure.
Before I close, I commend the chairman for his courage, for his
foresight, and I commend the staff: Ms. Sid Ashworth and Charlie Houy.
Without these two people, I don't think we would be where we are at
this moment.
Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. STEVENS. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendment No. 4751
Mr. STEVENS. Mr. President, I have an amendment I wish to send to the
desk. I want to explain it. We have had a series of requests from
Members and from portions of the military establishment to add money to
this bill due to emergency requirements that were not presented to us
at the time we considered the bill in our committee.
This is money for what we call equipment reset. It is the money that
meets the requirements for continuing combat operations, primarily in
Iraq, but it is for the Department overall. It is additional money, as
I said, for the Army and Marine Corps for equipment reset.
We have consulted with the Department and with the OMB about this
issue.
The PRESIDING OFFICER. The Senator will suspend. The unanimous
consent agreement was for debate only. If you have an amendment, you
need unanimous consent. Without objection, the Senator can proceed.
Mr. STEVENS. Mr. President, we had an understanding that we could do
amendments cleared on both sides, but no amendments controversial that
would require a vote by the Senate. We are proceeding under that
understanding. Mr. President, is that the understanding of the Senator
from Hawaii?
Mr. INOUYE. If the Senator will yield, that is my understanding, Mr.
President.
Mr. STEVENS. Mr. President, I ask unanimous consent that I be able to
present this amendment at this time.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. STEVENS. Therefore, Mr. President, I send to the desk this
amendment to provide additional appropriations, $7.8 billion for the
Army and $5.3 billion for the Marine Corps for the reset of equipment
due to combat operations and to designate such amounts as emergency
requirements.
I ask the amendment be presented.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Alaska [Mr. Stevens] for himself and Mr.
Inouye, proposes an amendment numbered 4751.
The amendment is as follows:
(Purpose: To appropriate as additional appropriations $7,800,000,000
for the Army and $5,300,000,000 for the Marine Corps for the reset of
equipment due to continuing combat operations and to designate such
amounts as emergency requirements)
At the end of title IX, add the following:
Sec. 9012. (a) Additional Amount for Army and Marine Corps
for Equipment Reset.--In addition to amounts provided by
other provisions of this title, $7,800,000,000 is provided to
the Army, and $5,300,000,000 is provided to the Marine Corps,
to fund equipment reset requirements resulting from
continuing combat operations.
(b) Designation as Emergency Requirements.--The amounts
provided under subsection (a) are designated as
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. Con. Res. 818 (109th Congress), and are
designated as an emergency requirement pursuant to section
402 of S. Con. Res. 83 (109th Congress), the concurrent
resolution on the budget for fiscal year 2007, as made
applicable in the Senate by section 7035 of Public Law 109-
234.
The PRESIDING OFFICER. The Senator from Hawaii.
Mr. INOUYE. Mr. President, this measure has been cleared by both
sides. I have studied the measure, and I approve it. I support it.
The PRESIDING OFFICER. The question is on agreeing to amendment No.
4751.
The amendment (No. 4751) was agreed to.
Mr. STEVENS. Mr. President, this means the committee has addressed
the total needs that have been presented to us by the Department and by
the administration and by many Members to the extent we could afford
it. We urge that Members study this bill. We will be prepared, I hope,
to come in early tomorrow, and it is my understanding tomorrow we will
be able to consider amendments that are filed by Members.
At this time, we have no further amendments to offer on behalf of the
committee. We may, as the bill proceeds, in the next 2 days. Again, it
is my--and I believe our--fervent hope that we can bring this bill to a
close and vote on it before we leave this Friday for the August recess
so that it may be worked on during the period of the August recess and
presented to the Senate and the House early in September so that the
bill can get to the President in ample time for it to be signed and
become law prior to the end of this fiscal year.
Mr. President, does the Senator from Hawaii have any further
comments?
Mr. INOUYE. No, Mr. President.
Mr. STEVENS. Mr. President, on behalf of both of us, I say the bill
is open to amendment. We would be pleased to discuss amendments with
any Member. It is my hope the leadership will convene the Senate as
early as possible tomorrow morning.
May I inquire of the Chair, it is my understanding the Senator from
South
[[Page S8529]]
Dakota has a statement to make that is not related to our bill. I think
it is in order, if he wishes to do so, while we wait to see if Senators
wish to bring amendments to discuss tonight.
Mr. GREGG. Mr. President, as Chairman of the Budget Committee, I
regularly comment on Appropriations bills that are brought to this
Senate for consideration and present the financial comparisons and
budgetary data. Today I am reporting on compliance with the Budget Act
in the case of the pending measure, H.R. 5631, the Department of
Defense Appropriations Act for fiscal year 2007.
As reported by the Senate Committee on Appropriations, H.R. 5631
provides $456.805 billion in budget authority and $496.082 billion in
outlays in fiscal year 2007 for the Department of Defense and related
agencies. Of these totals, $251 million in budget authority and $251
million in outlays are for mandatory programs in fiscal year 2007. I
will note here that this bill is in compliance with the 2007 302(b)
allocations, but there are other budgetary matters worthy of Senators'
attention.
The bill provides discretionary budget authority in fiscal year 2007
of $414.500 billion for DOD's regular appropriation. But it also
includes $50.0 billion for projected contingency operations overseas.
Of that, $42.054 billion is designated as an emergency. The rest--
$7.946 billion--is funds remaining in Defense's fiscal year 2006
allocation. We should be very clear on this point: putting those funds
in the Defense Appropriations bill has the effect of reversing the
across-the-board cut Congress passed at the end of last year.
Mr. President, I ask unanimous consent that a table displaying the
Budget Committee estimate of the bill be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
H.R. 5631, 2007 DEFENSE APPROPRIATIONS SPENDING COMPARISONS--SENATE-
REPORTED BILL
[Fiscal Year 2007, $ millions]
------------------------------------------------------------------------
General
purpose Mandatory Total
------------------------------------------------------------------------
Senate-reported bill:
Budget authority.................. 414,500 251 414,751
Outlays........................... 434,955 251 435,206
Senate 302(b) allocation:
Budget authority.................. 414,500 251 414,751
Outlays........................... * * *
2006 Enacted:
Budget authority.................. 393,759 245 394,004
Outlays........................... 406,276 245 406,521
President's request:
Budget authority.................. 423,554 251 423,805
Outlays........................... 424,302 251 424,553
House-passed bill: \1\
Budget authority.................. 377,357 251 377,608
Outlays........................... 393,550 251 393,801
Senate reported bill compared to:
Senate 302(b) allocation:
Budget authority.................. 0 0 0
Outlays........................... na na na
2006 Enacted:
Budget authority.................. 20,741 6 20,747
Outlays........................... 28,679 6 28,685
President's request:............
Budget authority.................. -9,054 0 -9,054
Outlays........................... 10,653 0 10,653
House-passed bill:
Budget authority.................. 37,143 0 37,143
Outlays........................... 41,405 0 41,405
------------------------------------------------------------------------
\1\ House and Senate bills having different jurisdictions.
* There is no outlay allocation in the Senate for 2007 appropriations
bills.
Note: Details may not add to totals due to rounding. Totals adjusted
for consistency with scorekeeping conventions.
____________________