[Congressional Record (Bound Edition), Volume 152 (2006), Part 14]
[House]
[Pages 19272-19586]
[From the U.S. Government Publishing Office, www.gpo.gov]




 CONFERENCE REPORT ON H.R. 5631, DEPARTMENT OF DEFENSE APPROPRIATIONS 
                               ACT, 2007

  Mr. YOUNG of Florida submitted the following conference report and 
statement on the bill (H.R. 5631) making appropriations for the 
Department of Defense for the fiscal year ending September 30, 2007, 
and for other purposes:

                  Conference Report (H. Rept. 109-676)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     5631) ``making appropriations for the Department of Defense 
     for the fiscal year ending September 30, 2007, and for other 
     purposes'', having met, after full and free conference, have 
     agreed to recommend and do recommend to their respective 
     Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate, and agree to the same with an 
     amendment, as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert:

       DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2007

     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2007, for military functions 
     administered by the Department of Defense and for other 
     purposes, namely:

                                TITLE I

                           MILITARY PERSONNEL

                        Military Personnel, Army

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Army on active 
     duty, (except members of reserve components provided for 
     elsewhere), cadets, and aviation cadets; for members of the 
     Reserve Officers' Training Corps; and for payments pursuant 
     to section 156 of Public Law 97-377, as amended (42 U.S.C. 
     402 note), and to the Department of Defense Military 
     Retirement Fund, $25,911,349,000.

                        Military Personnel, Navy

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Navy on active 
     duty (except members of the Reserve provided for elsewhere), 
     midshipmen, and aviation cadets; for members of the Reserve 
     Officers' Training Corps; and for payments pursuant to 
     section 156 of Public Law 97-377, as amended (42 U.S.C. 402 
     note), and to the Department of Defense Military Retirement 
     Fund, $19,049,454,000.

                    Military Personnel, Marine Corps

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Marine Corps on 
     active duty (except members of the Reserve provided for 
     elsewhere); and for payments pursuant to section 156 of 
     Public Law 97-377, as amended (42 U.S.C. 402 note), and to 
     the Department of Defense Military Retirement Fund, 
     $7,932,749,000.

                     Military Personnel, Air Force

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Air Force on 
     active duty (except members of reserve components provided 
     for elsewhere), cadets, and aviation cadets; for members of 
     the Reserve Officers' Training Corps; and for payments 
     pursuant to section 156 of Public Law 97-377, as amended (42 
     U.S.C. 402 note), and to the Department of Defense Military 
     Retirement Fund, $20,285,871,000.

                        Reserve Personnel, Army

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Army 
     Reserve on active duty under sections 10211, 10302, and 3038 
     of title 10, United States Code, or while serving on active 
     duty under section 12301(d) of title 10, United States Code, 
     in connection with performing duty specified in section 
     12310(a) of title 10, United States Code, or while undergoing 
     reserve training, or while performing drills or equivalent 
     duty or other duty, and expenses authorized by section 16131 
     of title 10, United States Code; and for payments to the 
     Department of Defense Military Retirement Fund, 
     $3,043,170,000.

                        Reserve Personnel, Navy

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Navy 
     Reserve on active duty under section 10211 of title 10, 
     United States Code, or while serving on active duty under 
     section 12301(d) of title 10, United States Code, in 
     connection with performing duty specified in section 12310(a) 
     of title 10, United States Code, or while undergoing reserve 
     training, or while performing drills or equivalent duty, and 
     expenses authorized by section 16131 of title 10, United 
     States Code; and for payments to the Department of Defense 
     Military Retirement Fund, $1,551,838,000.

                    Reserve Personnel, Marine Corps

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Marine 
     Corps Reserve on active duty under section 10211 of title 10, 
     United States Code, or while serving on active duty under 
     section 12301(d) of title 10, United States Code, in 
     connection with performing duty specified in section 12310(a) 
     of title 10, United States Code, or while undergoing reserve 
     training, or while performing drills or equivalent duty, and 
     for members of the Marine Corps platoon leaders class, and 
     expenses authorized by section 16131 of title 10, United 
     States Code; and for payments to the Department of Defense 
     Military Retirement Fund, $498,686,000.

                      Reserve Personnel, Air Force

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Air Force 
     Reserve on active duty under sections 10211, 10305, and 8038 
     of title 10, United States Code, or while serving on active 
     duty under section 12301(d) of title 10, United States Code, 
     in connection with performing duty specified in section 
     12310(a) of title 10, United States Code, or while undergoing 
     reserve training, or while performing drills or equivalent 
     duty or other duty, and expenses authorized by section 16131 
     of title 10, United States Code; and for payments to the 
     Department of Defense Military Retirement Fund, 
     $1,259,620,000.

[[Page 19273]]



                     National Guard Personnel, Army

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Army 
     National Guard while on duty under section 10211, 10302, or 
     12402 of title 10 or section 708 of title 32, United States 
     Code, or while serving on duty under section 12301(d) of 
     title 10 or section 502(f) of title 32, United States Code, 
     in connection with performing duty specified in section 
     12310(a) of title 10, United States Code, or while undergoing 
     training, or while performing drills or equivalent duty or 
     other duty, and expenses authorized by section 16131 of title 
     10, United States Code; and for payments to the Department of 
     Defense Military Retirement Fund, $4,751,971,000.

                  National Guard Personnel, Air Force

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Air 
     National Guard on duty under section 10211, 10305, or 12402 
     of title 10 or section 708 of title 32, United States Code, 
     or while serving on duty under section 12301(d) of title 10 
     or section 502(f) of title 32, United States Code, in 
     connection with performing duty specified in section 12310(a) 
     of title 10, United States Code, or while undergoing 
     training, or while performing drills or equivalent duty or 
     other duty, and expenses authorized by section 16131 of title 
     10, United States Code; and for payments to the Department of 
     Defense Military Retirement Fund, $2,067,752,000.

                                TITLE II

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Army, as authorized by law; 
     and not to exceed $11,478,000 can be used for emergencies and 
     extraordinary expenses, to be expended on the approval or 
     authority of the Secretary of the Army, and payments may be 
     made on his certificate of necessity for confidential 
     military purposes, $22,397,581,000: Provided, That of funds 
     made available under this heading, $2,000,000 shall be 
     available for Fort Baker, in accordance with the terms and 
     conditions as provided under the heading ``Operation and 
     Maintenance, Army'', in Public Law 107-117.

                    Operation and Maintenance, Navy

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Navy and the Marine Corps, 
     as authorized by law; and not to exceed $6,129,000 can be 
     used for emergencies and extraordinary expenses, to be 
     expended on the approval or authority of the Secretary of the 
     Navy, and payments may be made on his certificate of 
     necessity for confidential military purposes, 
     $29,751,721,000.

                Operation and Maintenance, Marine Corps

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Marine Corps, as authorized 
     by law, $3,338,296,000.

                  Operation and Maintenance, Air Force

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Air Force, as authorized by 
     law; and not to exceed $7,699,000 can be used for emergencies 
     and extraordinary expenses, to be expended on the approval or 
     authority of the Secretary of the Air Force, and payments may 
     be made on his certificate of necessity for confidential 
     military purposes, $28,774,928,000.

                Operation and Maintenance, Defense-Wide


                     (INCLUDING TRANSFER OF FUNDS)

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of activities and agencies of the 
     Department of Defense (other than the military departments), 
     as authorized by law, $19,948,799,000: Provided, That not 
     more than $25,000,000 may be used for the Combatant Commander 
     Initiative Fund authorized under section 166a of title 10, 
     United States Code: Provided further, That not to exceed 
     $36,000,000 can be used for emergencies and extraordinary 
     expenses, to be expended on the approval or authority of the 
     Secretary of Defense, and payments may be made on his 
     certificate of necessity for confidential military purposes: 
     Provided further, That of the funds made available under this 
     heading, $5,000,000 is available for contractor support to 
     coordinate a wind test demonstration project on an Air Force 
     installation using wind turbines manufactured in the United 
     States that are new to the United States market and to 
     execute the renewable energy purchasing plan: Provided 
     further, That of the funds provided under this heading, not 
     less than $26,837,000 shall be made available for the 
     Procurement Technical Assistance Cooperative Agreement 
     Program, of which not less than $3,600,000 shall be available 
     for centers defined in 10 U.S.C. 2411(1)(D): Provided 
     further, That none of the funds appropriated or otherwise 
     made available by this Act may be used to plan or implement 
     the consolidation of a budget or appropriations liaison 
     office of the Office of the Secretary of Defense, the office 
     of the Secretary of a military department, or the service 
     headquarters of one of the Armed Forces into a legislative 
     affairs or legislative liaison office: Provided further, That 
     $4,000,000, to remain available until expended, is available 
     only for expenses relating to certain classified activities, 
     and may be transferred as necessary by the Secretary to 
     operation and maintenance appropriations or research, 
     development, test and evaluation appropriations, to be merged 
     with and to be available for the same time period as the 
     appropriations to which transferred: Provided further, That 
     any ceiling on the investment item unit cost of items that 
     may be purchased with operation and maintenance funds shall 
     not apply to the funds described in the preceding proviso: 
     Provided further, That the transfer authority provided under 
     this heading is in addition to any other transfer authority 
     provided elsewhere in this Act.

                Operation and Maintenance, Army Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Army Reserve; repair of facilities 
     and equipment; hire of passenger motor vehicles; travel and 
     transportation; care of the dead; recruiting; procurement of 
     services, supplies, and equipment; and communications, 
     $1,957,888,000.

                Operation and Maintenance, Navy Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Navy Reserve; repair of facilities 
     and equipment; hire of passenger motor vehicles; travel and 
     transportation; care of the dead; recruiting; procurement of 
     services, supplies, and equipment; and communications, 
     $1,223,628,000.

            Operation and Maintenance, Marine Corps Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Marine Corps Reserve; repair of 
     facilities and equipment; hire of passenger motor vehicles; 
     travel and transportation; care of the dead; recruiting; 
     procurement of services, supplies, and equipment; and 
     communications, $199,032,000.

              Operation and Maintenance, Air Force Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Air Force Reserve; repair of 
     facilities and equipment; hire of passenger motor vehicles; 
     travel and transportation; care of the dead; recruiting; 
     procurement of services, supplies, and equipment; and 
     communications, $2,563,751,000.

             Operation and Maintenance, Army National Guard

       For expenses of training, organizing, and administering the 
     Army National Guard, including medical and hospital treatment 
     and related expenses in non-Federal hospitals; maintenance, 
     operation, and repairs to structures and facilities; hire of 
     passenger motor vehicles; personnel services in the National 
     Guard Bureau; travel expenses (other than mileage), as 
     authorized by law for Army personnel on active duty, for Army 
     National Guard division, regimental, and battalion commanders 
     while inspecting units in compliance with National Guard 
     Bureau regulations when specifically authorized by the Chief, 
     National Guard Bureau; supplying and equipping the Army 
     National Guard as authorized by law; and expenses of repair, 
     modification, maintenance, and issue of supplies and 
     equipment (including aircraft), $4,323,783,000.

             Operation and Maintenance, Air National Guard

       For expenses of training, organizing, and administering the 
     Air National Guard, including medical and hospital treatment 
     and related expenses in non-Federal hospitals; maintenance, 
     operation, and repairs to structures and facilities; 
     transportation of things, hire of passenger motor vehicles; 
     supplying and equipping the Air National Guard, as authorized 
     by law; expenses for repair, modification, maintenance, and 
     issue of supplies and equipment, including those furnished 
     from stocks under the control of agencies of the Department 
     of Defense; travel expenses (other than mileage) on the same 
     basis as authorized by law for Air National Guard personnel 
     on active Federal duty, for Air National Guard commanders 
     while inspecting units in compliance with National Guard 
     Bureau regulations when specifically authorized by the Chief, 
     National Guard Bureau, $4,831,185,000.

          United States Court of Appeals for the Armed Forces

       For salaries and expenses necessary for the United States 
     Court of Appeals for the Armed Forces, $11,721,000, of which 
     not to exceed $5,000 may be used for official representation 
     purposes.

             Overseas Humanitarian, Disaster, and Civic Aid

       For expenses relating to the Overseas Humanitarian, 
     Disaster, and Civic Aid programs of the Department of Defense 
     (consisting of the programs provided under sections 401, 402, 
     404, 2557, and 2561 of title 10, United States Code), 
     $63,204,000, to remain available until September 30, 2008.

              Former Soviet Union Threat Reduction Account

       For assistance to the republics of the former Soviet Union, 
     including assistance provided by contract or by grants, for 
     facilitating the elimination and the safe and secure 
     transportation and storage of nuclear, chemical and other 
     weapons; for establishing programs to prevent the 
     proliferation of weapons, weapons components, and weapon-
     related technology and expertise; for programs relating to 
     the training and support of defense and military personnel 
     for demilitarization and protection of weapons, weapons 
     components and weapons technology and expertise, and for 
     defense and military contacts, $372,128,000, to remain 
     available until September 30, 2009: Provided, That of the 
     amounts provided under this heading, $15,000,000 shall be 
     available only to support the dismantling and disposal of 
     nuclear submarines, submarine reactor components, and 
     security enhancements for

[[Page 19274]]

     transport and storage of nuclear warheads in the Russian Far 
     East.

                               TITLE III

                              PROCUREMENT

                       Aircraft Procurement, Army

       For construction, procurement, production, modification, 
     and modernization of aircraft, equipment, including ordnance, 
     ground handling equipment, spare parts, and accessories 
     therefor; specialized equipment and training devices; 
     expansion of public and private plants, including the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $3,502,483,000, to remain available for obligation until 
     September 30, 2009: Provided, That $19,200,000 of the funds 
     provided in this paragraph are available only for the purpose 
     of acquiring one HH-60L medical evacuation variant Blackhawk 
     helicopter only for the Army Reserve.

                       Missile Procurement, Army

       For construction, procurement, production, modification, 
     and modernization of missiles, equipment, including ordnance, 
     ground handling equipment, spare parts, and accessories 
     therefor; specialized equipment and training devices; 
     expansion of public and private plants, including the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $1,278,967,000, to remain available for obligation until 
     September 30, 2009.

        Procurement of Weapons and Tracked Combat Vehicles, Army

       For construction, procurement, production, and modification 
     of weapons and tracked combat vehicles, equipment, including 
     ordnance, spare parts, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including the land necessary therefor, for 
     the foregoing purposes, and such lands and interests therein, 
     may be acquired, and construction prosecuted thereon prior to 
     approval of title; and procurement and installation of 
     equipment, appliances, and machine tools in public and 
     private plants; reserve plant and Government and contractor-
     owned equipment layaway; and other expenses necessary for the 
     foregoing purposes, $1,906,368,000, to remain available for 
     obligation until September 30, 2009.

                    Procurement of Ammunition, Army

       For construction, procurement, production, and modification 
     of ammunition, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including ammunition facilities, authorized 
     by section 2854 of title 10, United States Code, and the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $1,719,879,000, to remain available for obligation until 
     September 30, 2009.

                        Other Procurement, Army

       For construction, procurement, production, and modification 
     of vehicles, including tactical, support, and non-tracked 
     combat vehicles; the purchase of passenger motor vehicles for 
     replacement only; and the purchase of 3 vehicles required for 
     physical security of personnel, notwithstanding price 
     limitations applicable to passenger vehicles but not to 
     exceed $255,000 per vehicle; communications and electronic 
     equipment; other support equipment; spare parts, ordnance, 
     and accessories therefor; specialized equipment and training 
     devices; expansion of public and private plants, including 
     the land necessary therefor, for the foregoing purposes, and 
     such lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $7,004,914,000, to remain available for obligation until 
     September 30, 2009.

                       Aircraft Procurement, Navy

       For construction, procurement, production, modification, 
     and modernization of aircraft, equipment, including ordnance, 
     spare parts, and accessories therefor; specialized equipment; 
     expansion of public and private plants, including the land 
     necessary therefor, and such lands and interests therein, may 
     be acquired, and construction prosecuted thereon prior to 
     approval of title; and procurement and installation of 
     equipment, appliances, and machine tools in public and 
     private plants; reserve plant and Government and contractor-
     owned equipment layaway, $10,393,316,000, to remain available 
     for obligation until September 30, 2009.

                       Weapons Procurement, Navy

       For construction, procurement, production, modification, 
     and modernization of missiles, torpedoes, other weapons, and 
     related support equipment including spare parts, and 
     accessories therefor; expansion of public and private plants, 
     including the land necessary therefor, and such lands and 
     interests therein, may be acquired, and construction 
     prosecuted thereon prior to approval of title; and 
     procurement and installation of equipment, appliances, and 
     machine tools in public and private plants; reserve plant and 
     Government and contractor-owned equipment layaway, 
     $2,573,820,000, to remain available for obligation until 
     September 30, 2009.

            Procurement of Ammunition, Navy and Marine Corps

       For construction, procurement, production, and modification 
     of ammunition, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including ammunition facilities, authorized 
     by section 2854 of title 10, United States Code, and the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $767,314,000, to remain available for obligation until 
     September 30, 2009.

                   Shipbuilding and Conversion, Navy

       For expenses necessary for the construction, acquisition, 
     or conversion of vessels as authorized by law, including 
     armor and armament thereof, plant equipment, appliances, and 
     machine tools and installation thereof in public and private 
     plants; reserve plant and Government and contractor-owned 
     equipment layaway; procurement of critical, long leadtime 
     components and designs for vessels to be constructed or 
     converted in the future; and expansion of public and private 
     plants, including land necessary therefor, and such lands and 
     interests therein, may be acquired, and construction 
     prosecuted thereon prior to approval of title, as follows:
       Carrier Replacement Program (AP), $791,893,000;
       NSSN, $1,775,472,000;
       NSSN (AP), $676,582,000;
       CVN Refuelings, $954,495,000;
       CVN Refuelings (AP), $117,139,000;
       SSBN Submarine Refuelings, $189,022,000;
       SSBN Submarine Refuelings (AP), $37,154,000;
       DDG-1000 Program, $2,568,111,000;
       DDG-51 Destroyer, $355,849,000;
       Littoral Combat Ship, $520,670,000;
       LPD-17 (AP), $297,492,000;
       LHA-R, $1,135,917,000;
       Special Purpose Craft, $2,900,000;
       T-AGS Oceanographic Survey Ship, $117,000,000;
       LCAC Service Life Extension Program, $110,692,000;
       Prior year shipbuilding costs, $512,849,000;
       Service Craft, $45,245,000; and
       For outfitting, post delivery, conversions, and first 
     destination transportation, $370,643,000.
       In all: $10,579,125,000, to remain available for obligation 
     until September 30, 2011: Provided, That additional 
     obligations may be incurred after September 30, 2011, for 
     engineering services, tests, evaluations, and other such 
     budgeted work that must be performed in the final stage of 
     ship construction: Provided further, That none of the funds 
     provided under this heading for the construction or 
     conversion of any naval vessel to be constructed in shipyards 
     in the United States shall be expended in foreign facilities 
     for the construction of major components of such vessel: 
     Provided further, That none of the funds provided under this 
     heading shall be used for the construction of any naval 
     vessel in foreign shipyards.

                        Other Procurement, Navy

       For procurement, production, and modernization of support 
     equipment and materials not otherwise provided for, Navy 
     ordnance (except ordnance for new aircraft, new ships, and 
     ships authorized for conversion); the purchase of passenger 
     motor vehicles for replacement only, and the purchase of 10 
     vehicles required for physical security of personnel, 
     notwithstanding price limitations applicable to passenger 
     vehicles but not to exceed $255,000 per vehicle; expansion of 
     public and private plants, including the land necessary 
     therefor, and such lands and interests therein, may be 
     acquired, and construction prosecuted thereon prior to 
     approval of title; and procurement and installation of 
     equipment, appliances, and machine tools in public and 
     private plants; reserve plant and Government and contractor-
     owned equipment layaway, $4,927,676,000, to remain available 
     for obligation until September 30, 2009.

                       Procurement, Marine Corps

       For expenses necessary for the procurement, manufacture, 
     and modification of missiles, armament, military equipment, 
     spare parts, and accessories therefor; plant equipment, 
     appliances, and machine tools, and installation thereof in 
     public and private plants; reserve plant and Government and 
     contractor-owned equipment layaway; vehicles for the Marine 
     Corps, including the purchase of passenger motor vehicles for 
     replacement only; and expansion of public and private plants, 
     including land necessary therefor, and such lands and 
     interests therein, may be acquired, and construction 
     prosecuted thereon prior to approval of title, $894,571,000, 
     to remain available for obligation until September 30, 2009.

[[Page 19275]]



                    Aircraft Procurement, Air Force

       For construction, procurement, and modification of aircraft 
     and equipment, including armor and armament, specialized 
     ground handling equipment, and training devices, spare parts, 
     and accessories therefor; specialized equipment; expansion of 
     public and private plants, Government-owned equipment and 
     installation thereof in such plants, erection of structures, 
     and acquisition of land, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     reserve plant and Government and contractor-owned equipment 
     layaway; and other expenses necessary for the foregoing 
     purposes including rents and transportation of things, 
     $11,643,356,000, to remain available for obligation until 
     September 30, 2009.

                     Missile Procurement, Air Force

       For construction, procurement, and modification of 
     missiles, spacecraft, rockets, and related equipment, 
     including spare parts and accessories therefor, ground 
     handling equipment, and training devices; expansion of public 
     and private plants, Government-owned equipment and 
     installation thereof in such plants, erection of structures, 
     and acquisition of land, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     reserve plant and Government and contractor-owned equipment 
     layaway; and other expenses necessary for the foregoing 
     purposes including rents and transportation of things, 
     $3,914,703,000, to remain available for obligation until 
     September 30, 2009.

                  Procurement of Ammunition, Air Force

       For construction, procurement, production, and modification 
     of ammunition, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including ammunition facilities, authorized 
     by section 2854 of title 10, United States Code, and the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $1,054,302,000, to remain available for obligation until 
     September 30, 2009.

                      Other Procurement, Air Force

       For procurement and modification of equipment (including 
     ground guidance and electronic control equipment, and ground 
     electronic and communication equipment), and supplies, 
     materials, and spare parts therefor, not otherwise provided 
     for; the purchase of passenger motor vehicles for replacement 
     only, and the purchase of 2 vehicles required for physical 
     security of personnel, notwithstanding price limitations 
     applicable to passenger vehicles but not to exceed $255,000 
     per vehicle; lease of passenger motor vehicles; and expansion 
     of public and private plants, Government-owned equipment and 
     installation thereof in such plants, erection of structures, 
     and acquisition of land, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon, prior to approval of title; 
     reserve plant and Government and contractor-owned equipment 
     layaway, $15,493,486,000, to remain available for obligation 
     until September 30, 2009.

                       Procurement, Defense-Wide

       For expenses of activities and agencies of the Department 
     of Defense (other than the military departments) necessary 
     for procurement, production, and modification of equipment, 
     supplies, materials, and spare parts therefor, not otherwise 
     provided for; the purchase of passenger motor vehicles for 
     replacement only, and the purchase of 5 vehicles required for 
     physical security of personnel, notwithstanding prior 
     limitations applicable to passenger vehicles but not to 
     exceed $255,000 per vehicle; expansion of public and private 
     plants, equipment, and installation thereof in such plants, 
     erection of structures, and acquisition of land for the 
     foregoing purposes, and such lands and interests therein, may 
     be acquired, and construction prosecuted thereon prior to 
     approval of title; reserve plant and Government and 
     contractor-owned equipment layaway, $2,903,292,000, to remain 
     available for obligation until September 30, 2009.

                  National Guard and Reserve Equipment

       For procurement of aircraft, missiles, tracked combat 
     vehicles, ammunition, other weapons, and other procurement 
     for the reserve components of the Armed Forces, $290,000,000, 
     to remain available for obligation until September 30, 2009: 
     Provided, That the Chiefs of the Reserve and National Guard 
     components shall, not later than 30 days after the enactment 
     of this Act, individually submit to the congressional defense 
     committees the modernization priority assessment for their 
     respective Reserve or National Guard component.

                    Defense Production Act Purchases

       For activities by the Department of Defense pursuant to 
     sections 108, 301, 302, and 303 of the Defense Production Act 
     of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), 
     $63,184,000, to remain available until expended.

                                TITLE IV

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, $11,054,958,000, to remain 
     available for obligation until September 30, 2008.

            Research, Development, Test and Evaluation, Navy

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, $18,673,894,000, to remain 
     available for obligation until September 30, 2008: Provided, 
     That funds appropriated in this paragraph which are available 
     for the V-22 may be used to meet unique operational 
     requirements of the Special Operations Forces: Provided 
     further, That funds appropriated in this paragraph shall be 
     available for the Cobra Judy program.

         Research, Development, Test and Evaluation, Air Force

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, $24,516,276,000, to remain 
     available for obligation until September 30, 2008.

        Research, Development, Test and Evaluation, Defense-Wide

       For expenses of activities and agencies of the Department 
     of Defense (other than the military departments), necessary 
     for basic and applied scientific research, development, test 
     and evaluation; advanced research projects as may be 
     designated and determined by the Secretary of Defense, 
     pursuant to law; maintenance, rehabilitation, lease, and 
     operation of facilities and equipment, $21,291,056,000, to 
     remain available for obligation until September 30, 2008.

                Operational Test and Evaluation, Defense

       For expenses, not otherwise provided for, necessary for the 
     independent activities of the Director, Operational Test and 
     Evaluation, in the direction and supervision of operational 
     test and evaluation, including initial operational test and 
     evaluation which is conducted prior to, and in support of, 
     production decisions; joint operational testing and 
     evaluation; and administrative expenses in connection 
     therewith, $185,420,000, to remain available for obligation 
     until September 30, 2008.

                                TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

       For the Defense Working Capital Funds, $1,345,998,000.

                     National Defense Sealift Fund

       For National Defense Sealift Fund programs, projects, and 
     activities, and for expenses of the National Defense Reserve 
     Fleet, as established by section 11 of the Merchant Ship 
     Sales Act of 1946 (50 U.S.C. App. 1744), and for the 
     necessary expenses to maintain and preserve a U.S.-flag 
     merchant fleet to serve the national security needs of the 
     United States, $1,071,932,000, to remain available until 
     expended: Provided, That none of the funds provided in this 
     paragraph shall be used to award a new contract that provides 
     for the acquisition of any of the following major components 
     unless such components are manufactured in the United States: 
     auxiliary equipment, including pumps, for all shipboard 
     services; propulsion system components (that is; engines, 
     reduction gears, and propellers); shipboard cranes; and 
     spreaders for shipboard cranes: Provided further, That the 
     exercise of an option in a contract awarded through the 
     obligation of previously appropriated funds shall not be 
     considered to be the award of a new contract: Provided 
     further, That the Secretary of the military department 
     responsible for such procurement may waive the restrictions 
     in the first proviso on a case-by-case basis by certifying in 
     writing to the Committees on Appropriations of the House of 
     Representatives and the Senate that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes.

            Pentagon Reservation Maintenance Revolving Fund

       For the Pentagon Reservation Maintenance Revolving Fund, 
     $18,500,000, to remain available until September 30, 2011.

                                TITLE VI

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

            Chemical Agents and Munitions Destruction, Army

       For expenses, not otherwise provided for, necessary for the 
     destruction of the United States stockpile of lethal chemical 
     agents and munitions, to include construction of facilities, 
     in accordance with the provisions of section 1412 of the 
     Department of Defense Authorization Act, 1986 (50 U.S.C. 
     1521), and for the destruction of other chemical warfare 
     materials that are not in the chemical weapon stockpile, 
     $1,277,304,000, of which $1,046,290,000 shall be for 
     Operation and maintenance; $231,014,000 shall be for 
     Research, development, test and evaluation, of which 
     $215,944,000 shall only be for the Assembled Chemical Weapons 
     Alternatives (ACWA) program, to remain available until 
     September 30, 2008; and no less than $111,283,000 shall be 
     for the Chemical Stockpile Emergency Preparedness Program, of 
     which $41,074,000 shall be for activities on military 
     installations and of which $70,209,000, to remain available 
     until September

[[Page 19276]]

     30, 2008, shall be to assist State and local governments.

         Drug Interdiction and Counter-Drug Activities, Defense


                     (INCLUDING TRANSFER OF FUNDS)

       For drug interdiction and counter-drug activities of the 
     Department of Defense, for transfer to appropriations 
     available to the Department of Defense for military personnel 
     of the reserve components serving under the provisions of 
     title 10 and title 32, United States Code; for Operation and 
     maintenance; for Procurement; and for Research, development, 
     test and evaluation, $977,632,000: Provided, That the funds 
     appropriated under this heading shall be available for 
     obligation for the same time period and for the same purpose 
     as the appropriation to which transferred: Provided further, 
     That upon a determination that all or part of the funds 
     transferred from this appropriation are not necessary for the 
     purposes provided herein, such amounts may be transferred 
     back to this appropriation: Provided further, That the 
     transfer authority provided under this heading is in addition 
     to any other transfer authority contained elsewhere in this 
     Act.

                    Office of the Inspector General

       For expenses and activities of the Office of the Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978, as amended, $216,297,000, of which 
     $214,897,000 shall be for Operation and maintenance, of which 
     not to exceed $700,000 is available for emergencies and 
     extraordinary expenses to be expended on the approval or 
     authority of the Inspector General, and payments may be made 
     on the Inspector General's certificate of necessity for 
     confidential military purposes; and of which $1,400,000, to 
     remain available until September 30, 2009, shall be for 
     Procurement.

                               TITLE VII

                            RELATED AGENCIES

   Central Intelligence Agency Retirement and Disability System Fund

       For payment to the Central Intelligence Agency Retirement 
     and Disability System Fund, to maintain the proper funding 
     level for continuing the operation of the Central 
     Intelligence Agency Retirement and Disability System, 
     $256,400,000.

               Intelligence Community Management Account


                     (including transfer of funds)

       For necessary expenses of the Intelligence Community 
     Management Account, $621,611,000, of which $36,268,000 for 
     the Advanced Research and Development Committee shall remain 
     available until September 30, 2008: Provided, That of the 
     funds appropriated under this heading, $39,000,000 shall be 
     transferred to the Department of Justice for the National 
     Drug Intelligence Center to support the Department of 
     Defense's counter-drug intelligence responsibilities, and of 
     the said amount, $1,500,000 for Procurement shall remain 
     available until September 30, 2009 and $1,000,000 for 
     Research, development, test and evaluation shall remain 
     available until September 30, 2008: Provided further, That 
     the National Drug Intelligence Center shall maintain the 
     personnel and technical resources to provide timely support 
     to law enforcement authorities and the intelligence community 
     by conducting document and computer exploitation of materials 
     collected in Federal, State, and local law enforcement 
     activity associated with counter-drug, counter-terrorism, and 
     national security investigations and operations.

                               TITLE VIII

                           GENERAL PROVISIONS

       Sec. 8001. No part of any appropriation contained in this 
     Act shall be used for publicity or propaganda purposes not 
     authorized by the Congress.
       Sec. 8002. During the current fiscal year, provisions of 
     law prohibiting the payment of compensation to, or employment 
     of, any person not a citizen of the United States shall not 
     apply to personnel of the Department of Defense: Provided, 
     That salary increases granted to direct and indirect hire 
     foreign national employees of the Department of Defense 
     funded by this Act shall not be at a rate in excess of the 
     percentage increase authorized by law for civilian employees 
     of the Department of Defense whose pay is computed under the 
     provisions of section 5332 of title 5, United States Code, or 
     at a rate in excess of the percentage increase provided by 
     the appropriate host nation to its own employees, whichever 
     is higher: Provided further, That this section shall not 
     apply to Department of Defense foreign service national 
     employees serving at United States diplomatic missions whose 
     pay is set by the Department of State under the Foreign 
     Service Act of 1980: Provided further, That the limitations 
     of this provision shall not apply to foreign national 
     employees of the Department of Defense in the Republic of 
     Turkey.
       Sec. 8003. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year, unless expressly so provided herein.
       Sec. 8004. No more than 20 percent of the appropriations in 
     this Act which are limited for obligation during the current 
     fiscal year shall be obligated during the last 2 months of 
     the fiscal year: Provided, That this section shall not apply 
     to obligations for support of active duty training of reserve 
     components or summer camp training of the Reserve Officers' 
     Training Corps.


                          (transfer of funds)

       Sec. 8005. Upon determination by the Secretary of Defense 
     that such action is necessary in the national interest, he 
     may, with the approval of the Office of Management and 
     Budget, transfer not to exceed $4,500,000,000 of working 
     capital funds of the Department of Defense or funds made 
     available in this Act to the Department of Defense for 
     military functions (except military construction) between 
     such appropriations or funds or any subdivision thereof, to 
     be merged with and to be available for the same purposes, and 
     for the same time period, as the appropriation or fund to 
     which transferred: Provided, That such authority to transfer 
     may not be used unless for higher priority items, based on 
     unforeseen military requirements, than those for which 
     originally appropriated and in no case where the item for 
     which funds are requested has been denied by the Congress: 
     Provided further, That the Secretary of Defense shall notify 
     the Congress promptly of all transfers made pursuant to this 
     authority or any other authority in this Act: Provided 
     further, That no part of the funds in this Act shall be 
     available to prepare or present a request to the Committees 
     on Appropriations for reprogramming of funds, unless for 
     higher priority items, based on unforeseen military 
     requirements, than those for which originally appropriated 
     and in no case where the item for which reprogramming is 
     requested has been denied by the Congress: Provided further, 
     That a request for multiple reprogrammings of funds using 
     authority provided in this section must be made prior to June 
     30, 2007: Provided further, That transfers among military 
     personnel appropriations shall not be taken into account for 
     purposes of the limitation on the amount of funds that may be 
     transferred under this section: Provided further, That no 
     obligation of funds may be made pursuant to section 1206 of 
     Public Law 109-163 (or any successor provision) unless the 
     Secretary of Defense has notified the congressional defense 
     committees prior to any such obligation.


                          (transfer of funds)

       Sec. 8006. During the current fiscal year, cash balances in 
     working capital funds of the Department of Defense 
     established pursuant to section 2208 of title 10, United 
     States Code, may be maintained in only such amounts as are 
     necessary at any time for cash disbursements to be made from 
     such funds: Provided, That transfers may be made between such 
     funds: Provided further, That transfers may be made between 
     working capital funds and the ``Foreign Currency 
     Fluctuations, Defense'' appropriation and the ``Operation and 
     Maintenance'' appropriation accounts in such amounts as may 
     be determined by the Secretary of Defense, with the approval 
     of the Office of Management and Budget, except that such 
     transfers may not be made unless the Secretary of Defense has 
     notified the Congress of the proposed transfer. Except in 
     amounts equal to the amounts appropriated to working capital 
     funds in this Act, no obligations may be made against a 
     working capital fund to procure or increase the value of war 
     reserve material inventory, unless the Secretary of Defense 
     has notified the Congress prior to any such obligation.
       Sec. 8007. Funds appropriated by this Act may not be used 
     to initiate a special access program without prior 
     notification 30 calendar days in advance to the congressional 
     defense committees.
       Sec. 8008. None of the funds provided in this Act shall be 
     available to initiate: (1) a multiyear contract that employs 
     economic order quantity procurement in excess of $20,000,000 
     in any 1 year of the contract or that includes an unfunded 
     contingent liability in excess of $20,000,000; or (2) a 
     contract for advance procurement leading to a multiyear 
     contract that employs economic order quantity procurement in 
     excess of $20,000,000 in any 1 year, unless the congressional 
     defense committees have been notified at least 30 days in 
     advance of the proposed contract award: Provided, That no 
     part of any appropriation contained in this Act shall be 
     available to initiate a multiyear contract for which the 
     economic order quantity advance procurement is not funded at 
     least to the limits of the Government's liability: Provided 
     further, That no part of any appropriation contained in this 
     Act shall be available to initiate multiyear procurement 
     contracts for any systems or component thereof if the value 
     of the multiyear contract would exceed $500,000,000 unless 
     specifically provided in this Act: Provided further, That no 
     multiyear procurement contract can be terminated without 10-
     day prior notification to the congressional defense 
     committees: Provided further, That the execution of multiyear 
     authority shall require the use of a present value analysis 
     to determine lowest cost compared to an annual procurement: 
     Provided further, That none of the funds provided in this Act 
     may be used for a multiyear contract executed after the date 
     of the enactment of this Act unless in the case of any such 
     contract--
       (1) the Secretary of Defense has submitted to Congress a 
     budget request for full funding of units to be procured 
     through the contract and, in the case of a contract for 
     procurement of aircraft, that includes, for any aircraft unit 
     to be procured through the contract for which procurement 
     funds are requested in that budget request for production 
     beyond advance procurement activities in the fiscal year 
     covered by the budget, full funding of procurement of such 
     unit in that fiscal year;
       (2) cancellation provisions in the contract do not include 
     consideration of recurring manufacturing costs of the 
     contractor associated with the production of unfunded units 
     to be delivered under the contract;
       (3) the contract provides that payments to the contractor 
     under the contract shall not be made in advance of incurred 
     costs on funded units; and

[[Page 19277]]

       (4) the contract does not provide for a price adjustment 
     based on a failure to award a follow-on contract.
       Funds appropriated in title III of this Act may be used for 
     a multiyear procurement contract as follows:
       C-17 Globemaster; F-22A; MH-60R Helicopters; MH-60R 
     Helicopter mission equipment; and V-22 Osprey.
       Sec. 8009. Within the funds appropriated for the operation 
     and maintenance of the Armed Forces, funds are hereby 
     appropriated pursuant to section 401 of title 10, United 
     States Code, for humanitarian and civic assistance costs 
     under chapter 20 of title 10, United States Code. Such funds 
     may also be obligated for humanitarian and civic assistance 
     costs incidental to authorized operations and pursuant to 
     authority granted in section 401 of chapter 20 of title 10, 
     United States Code, and these obligations shall be reported 
     as required by section 401(d) of title 10, United States 
     Code: Provided, That funds available for operation and 
     maintenance shall be available for providing humanitarian and 
     similar assistance by using Civic Action Teams in the Trust 
     Territories of the Pacific Islands and freely associated 
     states of Micronesia, pursuant to the Compact of Free 
     Association as authorized by Public Law 99-239: Provided 
     further, That upon a determination by the Secretary of the 
     Army that such action is beneficial for graduate medical 
     education programs conducted at Army medical facilities 
     located in Hawaii, the Secretary of the Army may authorize 
     the provision of medical services at such facilities and 
     transportation to such facilities, on a nonreimbursable 
     basis, for civilian patients from American Samoa, the 
     Commonwealth of the Northern Mariana Islands, the Marshall 
     Islands, the Federated States of Micronesia, Palau, and Guam.
       Sec. 8010. (a) During fiscal year 2007, the civilian 
     personnel of the Department of Defense may not be managed on 
     the basis of any end-strength, and the management of such 
     personnel during that fiscal year shall not be subject to any 
     constraint or limitation (known as an end-strength) on the 
     number of such personnel who may be employed on the last day 
     of such fiscal year.
       (b) The fiscal year 2008 budget request for the Department 
     of Defense as well as all justification material and other 
     documentation supporting the fiscal year 2008 Department of 
     Defense budget request shall be prepared and submitted to the 
     Congress as if subsections (a) and (b) of this provision were 
     effective with regard to fiscal year 2008.
       (c) Nothing in this section shall be construed to apply to 
     military (civilian) technicians.
       Sec. 8011. None of the funds made available by this Act 
     shall be used in any way, directly or indirectly, to 
     influence congressional action on any legislation or 
     appropriation matters pending before the Congress.
       Sec. 8012. None of the funds appropriated by this Act shall 
     be available for the basic pay and allowances of any member 
     of the Army participating as a full-time student and 
     receiving benefits paid by the Secretary of Veterans Affairs 
     from the Department of Defense Education Benefits Fund when 
     time spent as a full-time student is credited toward 
     completion of a service commitment: Provided, That this 
     section shall not apply to those members who have reenlisted 
     with this option prior to October 1, 1987: Provided further, 
     That this section applies only to active components of the 
     Army.
       Sec. 8013. (a) Limitation on Conversion to Contractor 
     Performance.--None of the funds appropriated by this Act 
     shall be available to convert to contractor performance an 
     activity or function of the Department of Defense that, on or 
     after the date of the enactment of this Act, is performed by 
     more than 10 Department of Defense civilian employees 
     unless--
       (1) the conversion is based on the result of a public-
     private competition that includes a most efficient and cost 
     effective organization plan developed by such activity or 
     function;
       (2) the Competitive Sourcing Official determines that, over 
     all performance periods stated in the solicitation of offers 
     for performance of the activity or function, the cost of 
     performance of the activity or function by a contractor would 
     be less costly to the Department of Defense by an amount that 
     equals or exceeds the lesser of--
       (A) 10 percent of the most efficient organization's 
     personnel-related costs for performance of that activity or 
     function by Federal employees; or
       (B) $10,000,000; and
       (3) the contractor does not receive an advantage for a 
     proposal that would reduce costs for the Department of 
     Defense by--
       (A) not making an employer-sponsored health insurance plan 
     available to the workers who are to be employed in the 
     performance of that activity or function under the contract; 
     or
       (B) offering to such workers an employer-sponsored health 
     benefits plan that requires the employer to contribute less 
     towards the premium or subscription share than the amount 
     that is paid by the Department of Defense for health benefits 
     for civilian employees under chapter 89 of title 5, United 
     States Code.
       (b) Exceptions.--
       (1) The Department of Defense, without regard to subsection 
     (a) of this section or 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. 8014. Funds appropriated in title III of this Act for 
     the Department of Defense Pilot Mentor-Protege Program may be 
     transferred to any other appropriation contained in this Act 
     solely for the purpose of implementing a Mentor-Protege 
     Program developmental assistance agreement pursuant to 
     section 831 of the National Defense Authorization Act for 
     Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), 
     as amended, under the authority of this provision or any 
     other transfer authority contained in this Act.
       Sec. 8015. None of the funds in this Act may be available 
     for the purchase by the Department of Defense (and its 
     departments and agencies) of welded shipboard anchor and 
     mooring chain 4 inches in diameter and under unless the 
     anchor and mooring chain are manufactured in the United 
     States from components which are substantially manufactured 
     in the United States: Provided, That for the purpose of this 
     section manufactured will include cutting, heat treating, 
     quality control, testing of chain and welding (including the 
     forging and shot blasting process): Provided further, That 
     for the purpose of this section substantially all of the 
     components of anchor and mooring chain shall be considered to 
     be produced or manufactured in the United States if the 
     aggregate cost of the components produced or manufactured in 
     the United States exceeds the aggregate cost of the 
     components produced or manufactured outside the United 
     States: Provided further, That when adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis, the Secretary of the service 
     responsible for the procurement may waive this restriction on 
     a case-by-case basis by certifying in writing to the 
     Committees on Appropriations that such an acquisition must be 
     made in order to acquire capability for national security 
     purposes.
       Sec. 8016. None of the funds available to the Department of 
     Defense may be used to demilitarize or dispose of M-1 
     Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles, 
     .30 caliber rifles, or M-1911 pistols.
       Sec. 8017. No more than $500,000 of the funds appropriated 
     or made available in this Act shall be used during a single 
     fiscal year for any single relocation of an organization, 
     unit, activity or function of the Department of Defense into 
     or within the National Capital Region: Provided, That the 
     Secretary of Defense may waive this restriction on a case-by-
     case basis by certifying in writing to the congressional 
     defense committees that such a relocation is required in the 
     best interest of the Government.
       Sec. 8018. In addition to the funds provided elsewhere in 
     this Act, $8,000,000 is appropriated only for incentive 
     payments authorized by section 504 of the Indian Financing 
     Act of 1974 (25 U.S.C. 1544): Provided, That a prime 
     contractor or a subcontractor at any tier that makes a 
     subcontract award to any subcontractor or supplier as defined 
     in section 1544 of title 25, United States Code or a small 
     business owned and controlled by an individual or individuals 
     defined under section 4221(9) of title 25, United States Code 
     shall be considered a contractor for the purposes of being 
     allowed additional compensation under section 504 of the 
     Indian Financing Act of 1974 (25 U.S.C. 1544) whenever the 
     prime contract or subcontract amount is over $500,000 and 
     involves the expenditure of funds appropriated by an Act 
     making Appropriations for the Department of Defense with 
     respect to any fiscal year: Provided further, That 
     notwithstanding section 430 of title 41, United States Code, 
     this section shall be applicable to any Department of Defense 
     acquisition of supplies or services, including any contract 
     and any subcontract at any tier for acquisition of commercial 
     items produced or manufactured, in whole or in part by any 
     subcontractor or supplier defined in section 1544 of title 
     25, United States Code or a small business owned and 
     controlled by an individual or individuals defined under 
     section 4221(9) of title 25, United States Code: Provided 
     further, That, during the current fiscal year and hereafter, 
     businesses certified as 8(a) by the Small Business 
     Administration pursuant to section 8(a)(15) of Public Law 85-
     536, as amended, shall have the same status as other

[[Page 19278]]

     program participants under section 602 of Public Law 100-656, 
     102 Stat. 3825 (Business Opportunity Development Reform Act 
     of 1988) for purposes of contracting with agencies of the 
     Department of Defense.
       Sec. 8019. None of the funds appropriated by this Act shall 
     be available to perform any cost study pursuant to the 
     provisions of OMB Circular A-76 if the study being performed 
     exceeds a period of 24 months after initiation of such study 
     with respect to a single function activity or 30 months after 
     initiation of such study for a multi-function activity.
       Sec. 8020. Funds appropriated by this Act for the American 
     Forces Information Service shall not be used for any national 
     or international political or psychological activities.
       Sec. 8021. During the current fiscal year, the Department 
     of Defense is authorized to incur obligations of not to 
     exceed $350,000,000 for purposes specified in section 
     2350j(c) of title 10, United States Code, in anticipation of 
     receipt of contributions, only from the Government of Kuwait, 
     under that section: Provided, That upon receipt, such 
     contributions from the Government of Kuwait shall be credited 
     to the appropriations or fund which incurred such 
     obligations.
       Sec. 8022. (a) Of the funds made available in this Act, not 
     less than $35,975,000 shall be available for the Civil Air 
     Patrol Corporation, of which--
       (1) $25,087,000 shall be available from ``Operation and 
     Maintenance, Air Force'' to support Civil Air Patrol 
     Corporation operation and maintenance, readiness, counterdrug 
     activities, and drug demand reduction activities involving 
     youth programs;
       (2) $10,193,000 shall be available from ``Aircraft 
     Procurement, Air Force''; and
       (3) $695,000 shall be available from ``Other Procurement, 
     Air Force'' for vehicle procurement.
       (b) The Secretary of the Air Force should waive 
     reimbursement for any funds used by the Civil Air Patrol for 
     counter-drug activities in support of Federal, State, and 
     local government agencies.
       Sec. 8023. (a) None of the funds appropriated in this Act 
     are available to establish a new Department of Defense 
     (department) federally funded research and development center 
     (FFRDC), either as a new entity, or as a separate entity 
     administrated by an organization managing another FFRDC, or 
     as a nonprofit membership corporation consisting of a 
     consortium of other FFRDCs and other non-profit entities.
       (b) No member of a Board of Directors, Trustees, Overseers, 
     Advisory Group, Special Issues Panel, Visiting Committee, or 
     any similar entity of a defense FFRDC, and no paid consultant 
     to any defense FFRDC, except when acting in a technical 
     advisory capacity, may be compensated for his or her services 
     as a member of such entity, or as a paid consultant by more 
     than one FFRDC in a fiscal year: Provided, That a member of 
     any such entity referred to previously in this subsection 
     shall be allowed travel expenses and per diem as authorized 
     under the Federal Joint Travel Regulations, when engaged in 
     the performance of membership duties.
       (c) Notwithstanding any other provision of law, none of the 
     funds available to the department from any source during 
     fiscal year 2007 may be used by a defense FFRDC, through a 
     fee or other payment mechanism, for construction of new 
     buildings, for payment of cost sharing for projects funded by 
     Government grants, for absorption of contract overruns, or 
     for certain charitable contributions, not to include employee 
     participation in community service and/or development.
       (d) Notwithstanding any other provision of law, of the 
     funds available to the department during fiscal year 2007, 
     not more than 5,517 staff years of technical effort (staff 
     years) may be funded for defense FFRDCs: Provided, That of 
     the specific amount referred to previously in this 
     subsection, not more than 1,060 staff years may be funded for 
     the defense studies and analysis FFRDCs: Provided further, 
     That this subsection shall not apply to staff years funded in 
     the National Intelligence Program (NIP) and the Military 
     Intelligence Program (MIP).
       (e) The Secretary of Defense shall, with the submission of 
     the department's fiscal year 2008 budget request, submit a 
     report presenting the specific amounts of staff years of 
     technical effort to be allocated for each defense FFRDC 
     during that fiscal year.
       (f) Notwithstanding any other provision of this Act, the 
     total amount appropriated in this Act for FFRDCs is hereby 
     reduced by $53,200,000.
       Sec. 8024. None of the funds appropriated or made available 
     in this Act shall be used to procure carbon, alloy or armor 
     steel plate for use in any Government-owned facility or 
     property under the control of the Department of Defense which 
     were not melted and rolled in the United States or Canada: 
     Provided, That these procurement restrictions shall apply to 
     any and all Federal Supply Class 9515, American Society of 
     Testing and Materials (ASTM) or American Iron and Steel 
     Institute (AISI) specifications of carbon, alloy or armor 
     steel plate: Provided further, That the Secretary of the 
     military department responsible for the procurement may waive 
     this restriction on a case-by-case basis by certifying in 
     writing to the Committees on Appropriations of the House of 
     Representatives and the Senate that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes: Provided further, That these restrictions 
     shall not apply to contracts which are in being as of the 
     date of the enactment of this Act.
       Sec. 8025. For the purposes of this Act, the term 
     ``congressional defense committees'' means the Armed Services 
     Committee of the House of Representatives, the Armed Services 
     Committee of the Senate, the Subcommittee on Defense of the 
     Committee on Appropriations of the Senate, and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the House of Representatives.
       Sec. 8026. During the current fiscal year, the Department 
     of Defense may acquire the modification, depot maintenance 
     and repair of aircraft, vehicles and vessels as well as the 
     production of components and other Defense-related articles, 
     through competition between Department of Defense depot 
     maintenance activities and private firms: Provided, That the 
     Senior Acquisition Executive of the military department or 
     Defense Agency concerned, with power of delegation, shall 
     certify that successful bids include comparable estimates of 
     all direct and indirect costs for both public and private 
     bids: Provided further, That Office of Management and Budget 
     Circular A-76 shall not apply to competitions conducted under 
     this section.
       Sec. 8027. (a)(1) If the Secretary of Defense, after 
     consultation with the United States Trade Representative, 
     determines that a foreign country which is party to an 
     agreement described in paragraph (2) has violated the terms 
     of the agreement by discriminating against certain types of 
     products produced in the United States that are covered by 
     the agreement, the Secretary of Defense shall rescind the 
     Secretary's blanket waiver of the Buy American Act with 
     respect to such types of products produced in that foreign 
     country.
       (2) An agreement referred to in paragraph (1) is any 
     reciprocal defense procurement memorandum of understanding, 
     between the United States and a foreign country pursuant to 
     which the Secretary of Defense has prospectively waived the 
     Buy American Act for certain products in that country.
       (b) The Secretary of Defense shall submit to the Congress a 
     report on the amount of Department of Defense purchases from 
     foreign entities in fiscal year 2007. Such report shall 
     separately indicate the dollar value of items for which the 
     Buy American Act was waived pursuant to any agreement 
     described in subsection (a)(2), the Trade Agreement Act of 
     1979 (19 U.S.C. 2501 et seq.), or any international agreement 
     to which the United States is a party.
       (c) For purposes of this section, the term ``Buy American 
     Act'' means title III of the Act entitled ``An Act making 
     appropriations for the Treasury and Post Office Departments 
     for the fiscal year ending June 30, 1934, and for other 
     purposes'', approved March 3, 1933 (41 U.S.C. 10a et seq.).
       Sec. 8028. Notwithstanding any other provision of law, 
     funds available during the current fiscal year and hereafter 
     for ``Drug Interdiction and Counter-Drug Activities, 
     Defense'' may be obligated for the Young Marines program.
       Sec. 8029. During the current fiscal year, amounts 
     contained in the Department of Defense Overseas Military 
     Facility Investment Recovery Account established by section 
     2921(c)(1) of the National Defense Authorization Act of 1991 
     (Public Law 101-510; 10 U.S.C. 2687 note) shall be available 
     until expended for the payments specified by section 
     2921(c)(2) of that Act.
       Sec. 8030. (a) In General.--Notwithstanding any other 
     provision of law, the Secretary of the Air Force may convey 
     at no cost to the Air Force, without consideration, to Indian 
     tribes located in the States of North Dakota, South Dakota, 
     Montana, and Minnesota relocatable military housing units 
     located at Grand Forks Air Force Base and Minot Air Force 
     Base that are excess to the needs of the Air Force.
       (b) Processing of Requests.--The Secretary of the Air Force 
     shall convey, at no cost to the Air Force, military housing 
     units under subsection (a) in accordance with the request for 
     such units that are submitted to the Secretary by the 
     Operation Walking Shield Program on behalf of Indian tribes 
     located in the States of North Dakota, South Dakota, Montana, 
     and Minnesota.
       (c) Resolution of Housing Unit Conflicts.--The Operation 
     Walking Shield Program shall resolve any conflicts among 
     requests of Indian tribes for housing units under subsection 
     (a) before submitting requests to the Secretary of the Air 
     Force under subsection (b).
       (d) Indian Tribe Defined.--In this section, the term 
     ``Indian tribe'' means any recognized Indian tribe included 
     on the current list published by the Secretary of the 
     Interior under section 104 of the Federally Recognized Indian 
     Tribe Act of 1994 (Public Law 103-454; 108 Stat. 4792; 25 
     U.S.C. 479a-1).
       Sec. 8031. During the current fiscal year, appropriations 
     which are available to the Department of Defense for 
     operation and maintenance may be used to purchase items 
     having an investment item unit cost of not more than 
     $250,000.
       Sec. 8032. (a) During the current fiscal year, none of the 
     appropriations or funds available to the Department of 
     Defense Working Capital Funds shall be used for the purchase 
     of an investment item for the purpose of acquiring a new 
     inventory item for sale or anticipated sale during the 
     current fiscal year or a subsequent fiscal year to customers 
     of the Department of Defense Working Capital Funds if such an 
     item would not have been chargeable to the Department of 
     Defense Business Operations Fund during fiscal year 1994 and 
     if the purchase of such an investment item would be 
     chargeable during

[[Page 19279]]

     the current fiscal year to appropriations made to the 
     Department of Defense for procurement.
       (b) The fiscal year 2008 budget request for the Department 
     of Defense as well as all justification material and other 
     documentation supporting the fiscal year 2008 Department of 
     Defense budget shall be prepared and submitted to the 
     Congress on the basis that any equipment which was classified 
     as an end item and funded in a procurement appropriation 
     contained in this Act shall be budgeted for in a proposed 
     fiscal year 2008 procurement appropriation and not in the 
     supply management business area or any other area or category 
     of the Department of Defense Working Capital Funds.
       Sec. 8033. None of the funds appropriated by this Act for 
     programs of the Central Intelligence Agency shall remain 
     available for obligation beyond the current fiscal year, 
     except for funds appropriated for the Reserve for 
     Contingencies, which shall remain available until September 
     30, 2008: Provided, That funds appropriated, transferred, or 
     otherwise credited to the Central Intelligence Agency Central 
     Services Working Capital Fund during this or any prior or 
     subsequent fiscal year shall remain available until expended: 
     Provided further, That any funds appropriated or transferred 
     to the Central Intelligence Agency for advanced research and 
     development acquisition, for agent operations, and for covert 
     action programs authorized by the President under section 503 
     of the National Security Act of 1947, as amended, shall 
     remain available until September 30, 2008.
       Sec. 8034. Notwithstanding any other provision of law, 
     funds made available in this Act for the Defense Intelligence 
     Agency may be used for the design, development, and 
     deployment of General Defense Intelligence Program 
     intelligence communications and intelligence information 
     systems for the Services, the Unified and Specified Commands, 
     and the component commands.
       Sec. 8035. Of the funds appropriated to the Department of 
     Defense under the heading ``Operation and Maintenance, 
     Defense-Wide'', not less than $10,000,000 shall be made 
     available only for the mitigation of environmental impacts, 
     including training and technical assistance to tribes, 
     related administrative support, the gathering of information, 
     documenting of environmental damage, and developing a system 
     for prioritization of mitigation and cost to complete 
     estimates for mitigation, on Indian lands resulting from 
     Department of Defense activities.
       Sec. 8036. (a) None of the funds appropriated in this Act 
     may be expended by an entity of the Department of Defense 
     unless the entity, in expending the funds, complies with the 
     Buy American Act. For purposes of this subsection, the term 
     ``Buy American Act'' means title III of the Act entitled ``An 
     Act making appropriations for the Treasury and Post Office 
     Departments for the fiscal year ending June 30, 1934, and for 
     other purposes'', approved March 3, 1933 (41 U.S.C. 10a et 
     seq.).
       (b) If the Secretary of Defense determines that a person 
     has been convicted of intentionally affixing a label bearing 
     a ``Made in America'' inscription to any product sold in or 
     shipped to the United States that is not made in America, the 
     Secretary shall determine, in accordance with section 2410f 
     of title 10, United States Code, whether the person should be 
     debarred from contracting with the Department of Defense.
       (c) In the case of any equipment or products purchased with 
     appropriations provided under this Act, it is the sense of 
     the Congress that any entity of the Department of Defense, in 
     expending the appropriation, purchase only American-made 
     equipment and products, provided that American-made equipment 
     and products are cost-competitive, quality-competitive, and 
     available in a timely fashion.
       Sec. 8037. None of the funds appropriated by this Act shall 
     be available for a contract for studies, analysis, or 
     consulting services entered into without competition on the 
     basis of an unsolicited proposal unless the head of the 
     activity responsible for the procurement determines--
       (1) as a result of thorough technical evaluation, only one 
     source is found fully qualified to perform the proposed work;
       (2) the purpose of the contract is to explore an 
     unsolicited proposal which offers significant scientific or 
     technological promise, represents the product of original 
     thinking, and was submitted in confidence by one source; or
       (3) the purpose of the contract is to take advantage of 
     unique and significant industrial accomplishment by a 
     specific concern, or to insure that a new product or idea of 
     a specific concern is given financial support: Provided, That 
     this limitation shall not apply to contracts in an amount of 
     less than $25,000, contracts related to improvements of 
     equipment that is in development or production, or contracts 
     as to which a civilian official of the Department of Defense, 
     who has been confirmed by the Senate, determines that the 
     award of such contract is in the interest of the national 
     defense.
       Sec. 8038. (a) Except as provided in subsection (b) and 
     (c), none of the funds made available by this Act may be 
     used--
       (1) to establish a field operating agency; or
       (2) to pay the basic pay of a member of the Armed Forces or 
     civilian employee of the department who is transferred or 
     reassigned from a headquarters activity if the member or 
     employee's place of duty remains at the location of that 
     headquarters.
       (b) The Secretary of Defense or Secretary of a military 
     department may waive the limitations in subsection (a), on a 
     case-by-case basis, if the Secretary determines, and 
     certifies to the Committees on Appropriations of the House of 
     Representatives and Senate that the granting of the waiver 
     will reduce the personnel requirements or the financial 
     requirements of the department.
       (c) This section does not apply to--
       (1) field operating agencies funded within the National 
     Intelligence Program; or
       (2) an Army field operating agency established to 
     eliminate, mitigate, or counter the effects of improvised 
     explosive devices, and, as determined by the Secretary of the 
     Army, other similar threats.
       Sec. 8039. The Secretary of Defense, notwithstanding any 
     other provision of law, acting through the Office of Economic 
     Adjustment of the Department of Defense, may use funds made 
     available in this Act under the heading ``Operation and 
     Maintenance, Defense-Wide'' to make grants and supplement 
     other Federal funds in accordance with the guidance provided 
     in the Joint Explanatory Statement of the Committee of 
     Conference to accompany the conference report on the bill 
     H.R. 5631.


                             (rescissions)

       Sec. 8040. Of the funds appropriated in Department of 
     Defense Appropriations Acts, the following funds are hereby 
     rescinded from the following accounts and programs in the 
     specified amounts:
       Shipbuilding and Conversion, Navy, 2005/2009, $11,245,000;
       Aircraft Procurement, Air Force, 2005/2007, $108,000,000;
       Other Procurement, Army, 2006/2008, $120,200,000;
       Aircraft Procurement, Navy, 2006/2008, $76,700,000;
       Aircraft Procurement, Air Force, 2006/2008, $141,100,000;
       Missile Procurement, Air Force, 2006/2008, $142,000,000;
       Research, Development, Test and Evaluation, Army, 2006/
     2007, $21,600,000;
       Research, Development, Test and Evaluation, Navy, 2006/
     2007, $35,798,000;
       Research, Development, Test and Evaluation, Air Force, 
     2006/2007, $92,800,000;
       Research, Development, Test and Evaluation, Defense-Wide, 
     2006/2007, $120,700,000.
       Sec. 8041. None of the funds available in this Act may be 
     used to reduce the authorized positions for military 
     (civilian) technicians of the Army National Guard, the Air 
     National Guard, Army Reserve and Air Force Reserve for the 
     purpose of applying any administratively imposed civilian 
     personnel ceiling, freeze, or reduction on military 
     (civilian) technicians, unless such reductions are a direct 
     result of a reduction in military force structure.
       Sec. 8042. None of the funds appropriated or otherwise made 
     available in this Act may be obligated or expended for 
     assistance to the Democratic People's Republic of North Korea 
     unless specifically appropriated for that purpose.
       Sec. 8043. Funds appropriated in this Act for operation and 
     maintenance of the Military Departments, Combatant Commands 
     and Defense Agencies shall be available for reimbursement of 
     pay, allowances and other expenses which would otherwise be 
     incurred against appropriations for the National Guard and 
     Reserve when members of the National Guard and Reserve 
     provide intelligence or counterintelligence support to 
     Combatant Commands, Defense Agencies and Joint Intelligence 
     Activities, including the activities and programs included 
     within the National Intelligence Program and the Military 
     Intelligence Program: Provided, That nothing in this section 
     authorizes deviation from established Reserve and National 
     Guard personnel and training procedures.
       Sec. 8044. During the current fiscal year, none of the 
     funds appropriated in this Act may be used to reduce the 
     civilian medical and medical support personnel assigned to 
     military treatment facilities below the September 30, 2003, 
     level: Provided, That the Service Surgeons General may waive 
     this section by certifying to the congressional defense 
     committees that the beneficiary population is declining in 
     some catchment areas and civilian strength reductions may be 
     consistent with responsible resource stewardship and 
     capitation-based budgeting.
       Sec. 8045. (a) None of the funds available to the 
     Department of Defense for any fiscal year for drug 
     interdiction or counter-drug activities may be transferred to 
     any other department or agency of the United States except as 
     specifically provided in an appropriations law.
       (b) None of the funds available to the Central Intelligence 
     Agency for any fiscal year for drug interdiction and counter-
     drug activities may be transferred to any other department or 
     agency of the United States except as specifically provided 
     in an appropriations law.
       Sec. 8046. None of the funds appropriated by this Act may 
     be used for the procurement of ball and roller bearings other 
     than those produced by a domestic source and of domestic 
     origin: Provided, That the Secretary of the military 
     department responsible for such procurement may waive this 
     restriction on a case-by-case basis by certifying in writing 
     to the Committees on Appropriations of the House of 
     Representatives and the Senate, that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes: Provided further, That this restriction 
     shall not apply to the purchase of ``commercial items'', as 
     defined by section 4(12) of the Office of Federal Procurement 
     Policy Act, except that the restriction shall apply to ball 
     or roller bearings purchased as end items.
       Sec. 8047. None of the funds in this Act may be used to 
     purchase any supercomputer which is

[[Page 19280]]

     not manufactured in the United States, unless the Secretary 
     of Defense certifies to the congressional defense committees 
     that such an acquisition must be made in order to acquire 
     capability for national security purposes that is not 
     available from United States manufacturers.
       Sec. 8048. Notwithstanding any other provision of law, each 
     contract awarded by the Department of Defense during the 
     current fiscal year and hereafter for construction or service 
     performed in whole or in part in a State (as defined in 
     section 381(d) of title 10, United States Code) which is not 
     contiguous with another State and has an unemployment rate in 
     excess of the national average rate of unemployment as 
     determined by the Secretary of Labor, shall include a 
     provision requiring the contractor to employ, for the purpose 
     of performing that portion of the contract in such State that 
     is not contiguous with another State, individuals who are 
     residents of such State and who, in the case of any craft or 
     trade, possess or would be able to acquire promptly the 
     necessary skills: Provided, That the Secretary of Defense may 
     waive the requirements of this section, on a case-by-case 
     basis, in the interest of national security.
       Sec. 8049. None of the funds made available in this or any 
     other Act may be used to pay the salary of any officer or 
     employee of the Department of Defense who approves or 
     implements the transfer of administrative responsibilities or 
     budgetary resources of any program, project, or activity 
     financed by this Act to the jurisdiction of another Federal 
     agency not financed by this Act without the express 
     authorization of Congress: Provided, That this limitation 
     shall not apply to transfers of funds expressly provided for 
     in Defense Appropriations Acts, or provisions of Acts 
     providing supplemental appropriations for the Department of 
     Defense.
       Sec. 8050. (a) Limitation on Transfer of Defense Articles 
     and Services.--Notwithstanding any other provision of law, 
     none of the funds available to the Department of Defense for 
     the current fiscal year may be obligated or expended to 
     transfer to another nation or an international organization 
     any defense articles or services (other than intelligence 
     services) for use in the activities described in subsection 
     (b) unless the congressional defense committees, the 
     Committee on International Relations of the House of 
     Representatives, and the Committee on Foreign Relations of 
     the Senate are notified 15 days in advance of such transfer.
       (b) Covered Activities.--This section applies to--
       (1) any international peacekeeping or peace-enforcement 
     operation under the authority of chapter VI or chapter VII of 
     the United Nations Charter under the authority of a United 
     Nations Security Council resolution; and
       (2) any other international peacekeeping, peace-
     enforcement, or humanitarian assistance operation.
       (c) Required Notice.--A notice under subsection (a) shall 
     include the following:
       (1) A description of the equipment, supplies, or services 
     to be transferred.
       (2) A statement of the value of the equipment, supplies, or 
     services to be transferred.
       (3) In the case of a proposed transfer of equipment or 
     supplies--
       (A) a statement of whether the inventory requirements of 
     all elements of the Armed Forces (including the reserve 
     components) for the type of equipment or supplies to be 
     transferred have been met; and
       (B) a statement of whether the items proposed to be 
     transferred will have to be replaced and, if so, how the 
     President proposes to provide funds for such replacement.
       Sec. 8051. None of the funds available to the Department of 
     Defense under this Act shall be obligated or expended to pay 
     a contractor under a contract with the Department of Defense 
     for costs of any amount paid by the contractor to an employee 
     when--
       (1) such costs are for a bonus or otherwise in excess of 
     the normal salary paid by the contractor to the employee; and
       (2) such bonus is part of restructuring costs associated 
     with a business combination.


                     (including transfer of funds)

       Sec. 8052. During the current fiscal year, no more than 
     $30,000,000 of appropriations made in this Act under the 
     heading ``Operation and Maintenance, Defense-Wide'' may be 
     transferred to appropriations available for the pay of 
     military personnel, to be merged with, and to be available 
     for the same time period as the appropriations to which 
     transferred, to be used in support of such personnel in 
     connection with support and services for eligible 
     organizations and activities outside the Department of 
     Defense pursuant to section 2012 of title 10, United States 
     Code.
       Sec. 8053. During the current fiscal year, in the case of 
     an appropriation account of the Department of Defense for 
     which the period of availability for obligation has expired 
     or which has closed under the provisions of section 1552 of 
     title 31, United States Code, and which has a negative 
     unliquidated or unexpended balance, an obligation or an 
     adjustment of an obligation may be charged to any current 
     appropriation account for the same purpose as the expired or 
     closed account if--
       (1) the obligation would have been properly chargeable 
     (except as to amount) to the expired or closed account before 
     the end of the period of availability or closing of that 
     account;
       (2) the obligation is not otherwise properly chargeable to 
     any current appropriation account of the Department of 
     Defense; and
       (3) in the case of an expired account, the obligation is 
     not chargeable to a current appropriation of the Department 
     of Defense under the provisions of section 1405(b)(8) of the 
     National Defense Authorization Act for Fiscal Year 1991, 
     Public Law 101-510, as amended (31 U.S.C. 1551 note): 
     Provided, That in the case of an expired account, if 
     subsequent review or investigation discloses that there was 
     not in fact a negative unliquidated or unexpended balance in 
     the account, any charge to a current account under the 
     authority of this section shall be reversed and recorded 
     against the expired account: Provided further, That the total 
     amount charged to a current appropriation under this section 
     may not exceed an amount equal to 1 percent of the total 
     appropriation for that account.
       Sec. 8054. (a) Notwithstanding any other provision of law, 
     the Chief of the National Guard Bureau may permit the use of 
     equipment of the National Guard Distance Learning Project by 
     any person or entity on a space-available, reimbursable 
     basis. The Chief of the National Guard Bureau shall establish 
     the amount of reimbursement for such use on a case-by-case 
     basis.
       (b) Amounts collected under subsection (a) shall be 
     credited to funds available for the National Guard Distance 
     Learning Project and be available to defray the costs 
     associated with the use of equipment of the project under 
     that subsection. Such funds shall be available for such 
     purposes without fiscal year limitation.
       Sec. 8055. Using funds available by this Act or any other 
     Act, the Secretary of the Air Force, pursuant to a 
     determination under section 2690 of title 10, United States 
     Code, may implement cost-effective agreements for required 
     heating facility modernization in the Kaiserslautern Military 
     Community in the Federal Republic of Germany: Provided, That 
     in the City of Kaiserslautern such agreements will include 
     the use of United States anthracite as the base load energy 
     for municipal district heat to the United States Defense 
     installations: Provided further, That at Landstuhl Army 
     Regional Medical Center and Ramstein Air Base, furnished heat 
     may be obtained from private, regional or municipal services, 
     if provisions are included for the consideration of United 
     States coal as an energy source.
       Sec. 8056. None of the funds appropriated in title IV of 
     this Act may be used to procure end-items for delivery to 
     military forces for operational training, operational use or 
     inventory requirements: Provided, That this restriction does 
     not apply to end-items used in development, prototyping, and 
     test activities preceding and leading to acceptance for 
     operational use: Provided further, That this restriction does 
     not apply to programs funded within the National Intelligence 
     Program: Provided further, That the Secretary of Defense may 
     waive this restriction on a case-by-case basis by certifying 
     in writing to the Committees on Appropriations of the House 
     of Representatives and the Senate that it is in the national 
     security interest to do so.
       Sec. 8057. Notwithstanding any other provision of law, 
     funds available to the Department of Defense in this Act 
     shall be made available to provide transportation of medical 
     supplies and equipment, on a nonreimbursable basis, to 
     American Samoa, and funds available to the Department of 
     Defense shall be made available to provide transportation of 
     medical supplies and equipment, on a nonreimbursable basis, 
     to the Indian Health Service when it is in conjunction with a 
     civil-military project.
       Sec. 8058. None of the funds made available in this Act may 
     be used to approve or license the sale of the F-22A advanced 
     tactical fighter to any foreign government.
       Sec. 8059. (a) The Secretary of Defense may, on a case-by-
     case basis, waive with respect to a foreign country each 
     limitation on the procurement of defense items from foreign 
     sources provided in law if the Secretary determines that the 
     application of the limitation with respect to that country 
     would invalidate cooperative programs entered into between 
     the Department of Defense and the foreign country, or would 
     invalidate reciprocal trade agreements for the procurement of 
     defense items entered into under section 2531 of title 10, 
     United States Code, and the country does not discriminate 
     against the same or similar defense items produced in the 
     United States for that country.
       (b) Subsection (a) applies with respect to--
       (1) contracts and subcontracts entered into on or after the 
     date of the enactment of this Act; and
       (2) options for the procurement of items that are exercised 
     after such date under contracts that are entered into before 
     such date if the option prices are adjusted for any reason 
     other than the application of a waiver granted under 
     subsection (a).
       (c) Subsection (a) does not apply to a limitation regarding 
     construction of public vessels, ball and roller bearings, 
     food, and clothing or textile materials as defined by section 
     11 (chapters 50-65) of the Harmonized Tariff Schedule and 
     products classified under headings 4010, 4202, 4203, 6401 
     through 6406, 6505, 7019, 7218 through 7229, 7304.41 through 
     7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 
     8215, and 9404.
       Sec. 8060. (a) Prohibition.--None of the funds made 
     available by this Act may be used to support any training 
     program involving a unit of the security forces of a foreign 
     country if the Secretary of Defense has received credible 
     information from the Department of State that the unit has 
     committed a gross violation of human rights, unless all 
     necessary corrective steps have been taken.
       (b) Monitoring.--The Secretary of Defense, in consultation 
     with the Secretary of State,

[[Page 19281]]

     shall ensure that prior to a decision to conduct any training 
     program referred to in subsection (a), full consideration is 
     given to all credible information available to the Department 
     of State relating to human rights violations by foreign 
     security forces.
       (c) Waiver.--The Secretary of Defense, after consultation 
     with the Secretary of State, may waive the prohibition in 
     subsection (a) if he determines that such waiver is required 
     by extraordinary circumstances.
       (d) Report.--Not more than 15 days after the exercise of 
     any waiver under subsection (c), the Secretary of Defense 
     shall submit a report to the congressional defense committees 
     describing the extraordinary circumstances, the purpose and 
     duration of the training program, the United States forces 
     and the foreign security forces involved in the training 
     program, and the information relating to human rights 
     violations that necessitates the waiver.
       Sec. 8061. None of the funds appropriated or made available 
     in this Act to the Department of the Navy shall be used to 
     develop, lease or procure the T-AKE class of ships unless the 
     main propulsion diesel engines and propulsors are 
     manufactured in the United States by a domestically operated 
     entity: Provided, That the Secretary of Defense may waive 
     this restriction on a case-by-case basis by certifying in 
     writing to the Committees on Appropriations of the House of 
     Representatives and the Senate that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes or there exists a significant cost or 
     quality difference.
       Sec. 8062. None of the funds appropriated or otherwise made 
     available by this or other Department of Defense 
     Appropriations Acts may be obligated or expended for the 
     purpose of performing repairs or maintenance to military 
     family housing units of the Department of Defense, including 
     areas in such military family housing units that may be used 
     for the purpose of conducting official Department of Defense 
     business.
       Sec. 8063. Notwithstanding any other provision of law, 
     funds appropriated in this Act under the heading ``Research, 
     Development, Test and Evaluation, Defense-Wide'' for any new 
     start advanced concept technology demonstration project may 
     only be obligated 30 days after a report, including a 
     description of the project, the planned acquisition and 
     transition strategy and its estimated annual and total cost, 
     has been provided in writing to the congressional defense 
     committees: Provided, That the Secretary of Defense may waive 
     this restriction on a case-by-case basis by certifying to the 
     congressional defense committees that it is in the national 
     interest to do so.
       Sec. 8064. The Secretary of Defense shall provide a 
     classified quarterly report beginning 30 days after enactment 
     of this Act, to the House and Senate Appropriations 
     Committees, Subcommittees on Defense on certain matters as 
     directed in the classified annex accompanying this Act.
       Sec. 8065. During the current fiscal year, refunds 
     attributable to the use of the Government travel card, 
     refunds attributable to the use of the Government Purchase 
     Card and refunds attributable to official Government travel 
     arranged by Government Contracted Travel Management Centers 
     may be credited to operation and maintenance, and research, 
     development, test and evaluation accounts of the Department 
     of Defense which are current when the refunds are received.
       Sec. 8066. (a) Registering Financial Management Information 
     Technology Systems With DOD Chief Information Officer.--None 
     of the funds appropriated in this Act may be used for a 
     mission critical or mission essential financial management 
     information technology system (including a system funded by 
     the defense working capital fund) that is not registered with 
     the Chief Information Officer of the Department of Defense. A 
     system shall be considered to be registered with that officer 
     upon the furnishing to that officer of notice of the system, 
     together with such information concerning the system as the 
     Secretary of Defense may prescribe. A financial management 
     information technology system shall be considered a mission 
     critical or mission essential information technology system 
     as defined by the Under Secretary of Defense (Comptroller).
       (b) Certifications as to Compliance With Financial 
     Management Modernization Plan.--
       (1) During the current fiscal year, a financial management 
     automated information system, a mixed information system 
     supporting financial and non-financial systems, or a system 
     improvement of more than $1,000,000 may not receive Milestone 
     A approval, Milestone B approval, or full rate production, or 
     their equivalent, within the Department of Defense until the 
     Under Secretary of Defense (Comptroller) certifies, with 
     respect to that milestone, that the system is being developed 
     and managed in accordance with the Department's Financial 
     Management Modernization Plan. The Under Secretary of Defense 
     (Comptroller) may require additional certifications, as 
     appropriate, with respect to any such system.
       (2) The Chief Information Officer shall provide the 
     congressional defense committees timely notification of 
     certifications under paragraph (1).
       (c) Certifications as to Compliance With Clinger-Cohen 
     Act.--
       (1) During the current fiscal year, a major automated 
     information system may not receive Milestone A approval, 
     Milestone B approval, or full rate production approval, or 
     their equivalent, within the Department of Defense until the 
     Chief Information Officer certifies, with respect to that 
     milestone, that the system is being developed in accordance 
     with the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.). 
     The Chief Information Officer may require additional 
     certifications, as appropriate, with respect to any such 
     system.
       (2) The Chief Information Officer shall provide the 
     congressional defense committees timely notification of 
     certifications under paragraph (1). Each such notification 
     shall include a statement confirming that the following steps 
     have been taken with respect to the system:
       (A) Business process reengineering.
       (B) An analysis of alternatives.
       (C) An economic analysis that includes a calculation of the 
     return on investment.
       (D) Performance measures.
       (E) An information assurance strategy consistent with the 
     Department's Global Information Grid.
       (d) Definitions.--For purposes of this section:
       (1) The term ``Chief Information Officer'' means the senior 
     official of the Department of Defense designated by the 
     Secretary of Defense pursuant to section 3506 of title 44, 
     United States Code.
       (2) The term ``information technology system'' has the 
     meaning given the term ``information technology'' in section 
     5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401).
       Sec. 8067. During the current fiscal year, none of the 
     funds available to the Department of Defense may be used to 
     provide support to another department or agency of the United 
     States if such department or agency is more than 90 days in 
     arrears in making payment to the Department of Defense for 
     goods or services previously provided to such department or 
     agency on a reimbursable basis: Provided, That this 
     restriction shall not apply if the department is authorized 
     by law to provide support to such department or agency on a 
     nonreimbursable basis, and is providing the requested support 
     pursuant to such authority: Provided further, That the 
     Secretary of Defense may waive this restriction on a case-by-
     case basis by certifying in writing to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     that it is in the national security interest to do so.
       Sec. 8068. Notwithstanding section 12310(b) of title 10, 
     United States Code, a Reserve who is a member of the National 
     Guard serving on full-time National Guard duty under section 
     502(f) of title 32 may perform duties in support of the 
     ground-based elements of the National Ballistic Missile 
     Defense System.
       Sec. 8069. None of the funds provided in this Act may be 
     used to transfer to any nongovernmental entity ammunition 
     held by the Department of Defense that has a center-fire 
     cartridge and a United States military nomenclature 
     designation of ``armor penetrator'', ``armor piercing (AP)'', 
     ``armor piercing incendiary (API)'', or ``armor-piercing 
     incendiary-tracer (API-T)'', except to an entity performing 
     demilitarization services for the Department of Defense under 
     a contract that requires the entity to demonstrate to the 
     satisfaction of the Department of Defense that armor piercing 
     projectiles are either: (1) rendered incapable of reuse by 
     the demilitarization process; or (2) used to manufacture 
     ammunition pursuant to a contract with the Department of 
     Defense or the manufacture of ammunition for export pursuant 
     to a License for Permanent Export of Unclassified Military 
     Articles issued by the Department of State.
       Sec. 8070. Notwithstanding any other provision of law, the 
     Chief of the National Guard Bureau, or his designee, may 
     waive payment of all or part of the consideration that 
     otherwise would be required under section 2667 of title 10, 
     United States Code, in the case of a lease of personal 
     property for a period not in excess of 1 year to any 
     organization specified in section 508(d) of title 32, United 
     States Code, or any other youth, social, or fraternal non-
     profit organization as may be approved by the Chief of the 
     National Guard Bureau, or his designee, on a case-by-case 
     basis.
       Sec. 8071. None of the funds appropriated by this Act shall 
     be used for the support of any nonappropriated funds activity 
     of the Department of Defense that procures malt beverages and 
     wine with nonappropriated funds for resale (including such 
     alcoholic beverages sold by the drink) on a military 
     installation located in the United States unless such malt 
     beverages and wine are procured within that State, or in the 
     case of the District of Columbia, within the District of 
     Columbia, in which the military installation is located: 
     Provided, That in a case in which the military installation 
     is located in more than one State, purchases may be made in 
     any State in which the installation is located: Provided 
     further, That such local procurement requirements for malt 
     beverages and wine shall apply to all alcoholic beverages 
     only for military installations in States which are not 
     contiguous with another State: Provided further, That 
     alcoholic beverages other than wine and malt beverages, in 
     contiguous States and the District of Columbia shall be 
     procured from the most competitive source, price and other 
     factors considered.
       Sec. 8072. Funds available to the Department of Defense for 
     the Global Positioning System during the current fiscal year 
     may be used to fund civil requirements associated with the 
     satellite and ground control segments of such system's 
     modernization program.

[[Page 19282]]




                     (including transfer of funds)

       Sec. 8073. Of the amounts appropriated in this Act under 
     the heading ``Operation and Maintenance, Army'', $78,300,000 
     shall remain available until expended: Provided, That 
     notwithstanding any other provision of law, the Secretary of 
     Defense is authorized to transfer such funds to other 
     activities of the Federal Government: Provided further, That 
     the Secretary of Defense is authorized to enter into and 
     carry out contracts for the acquisition of real property, 
     construction, personal services, and operations related to 
     projects carrying out the purposes of this section: Provided 
     further, That contracts entered into under the authority of 
     this section may provide for such indemnification as the 
     Secretary determines to be necessary: Provided further, That 
     projects authorized by this section shall comply with 
     applicable Federal, State, and local law to the maximum 
     extent consistent with the national security, as determined 
     by the Secretary of Defense.
       Sec. 8074. Section 8106 of the Department of Defense 
     Appropriations Act, 1997 (titles I through VIII of the matter 
     under subsection 101(b) of Public Law 104-208; 110 Stat. 
     3009-111; 10 U.S.C. 113 note) shall continue in effect to 
     apply to disbursements that are made by the Department of 
     Defense in fiscal year 2007.
       Sec. 8075. In addition to amounts provided elsewhere in 
     this Act, $2,500,000 is hereby appropriated to the Department 
     of Defense, to remain available for obligation until 
     expended: Provided, That notwithstanding any other provision 
     of law, these funds shall be available only for a grant to 
     the Fisher House Foundation, Inc., only for the construction 
     and furnishing of additional Fisher Houses to meet the needs 
     of military family members when confronted with the illness 
     or hospitalization of an eligible military beneficiary.
       Sec. 8076. (a) The Secretary of Defense, in coordination 
     with the Secretary of Health and Human Services, may carry 
     out a program to distribute surplus dental and medical 
     equipment of the Department of Defense, at no cost to the 
     Department of Defense, to Indian Health Service facilities 
     and to federally-qualified health centers (within the meaning 
     of section 1905(l)(2)(B) of the Social Security Act (42 
     U.S.C. 1396d(l)(2)(B))).
       (b) In carrying out this provision, the Secretary of 
     Defense shall give the Indian Health Service a property 
     disposal priority equal to the priority given to the 
     Department of Defense and its twelve special screening 
     programs in distribution of surplus dental and medical 
     supplies and equipment.
       Sec. 8077. Amounts appropriated in title II of this Act are 
     hereby reduced by $158,100,000 to reflect savings 
     attributable to efficiencies and management improvements in 
     the funding of miscellaneous or other contracts in the 
     military departments, as follows:
       (1) From ``Operation and Maintenance, Army'', $31,100,000.
       (2) From ``Operation and Maintenance, Navy'', $35,000,000.
       (3) From ``Operation and Maintenance, Marine Corps'', 
     $5,000,000.
       (4) From ``Operation and Maintenance, Air Force'', 
     $87,000,000.
       Sec. 8078. The total amount appropriated or otherwise made 
     available in this Act is hereby reduced by $71,000,000 to 
     limit excessive growth in the procurement of advisory and 
     assistance services, to be distributed as follows:
       ``Operation and Maintenance, Army'', $32,000,000.
       ``Operation and Maintenance, Navy'', $34,000,000.
       ``Operation and Maintenance, Marine Corps'', $5,000,000.


                     (including transfer of funds)

       Sec. 8079. Of the amounts appropriated in this Act under 
     the heading ``Research, Development, Test and Evaluation, 
     Defense-Wide'', $137,894,000 shall be made available for the 
     Arrow missile defense program: Provided, That of this amount, 
     $53,000,000 shall be available for the purpose of producing 
     Arrow missile components in the United States and Arrow 
     missile components and missiles in Israel to meet Israel's 
     defense requirements, consistent with each nation's laws, 
     regulations and procedures, and $20,400,000 shall be 
     available for the purpose of the initiation of a joint 
     feasibility study designated the Short Range Ballistic 
     Missile Defense (SRBMD) initiative: Provided further, That 
     funds made available under this provision for production of 
     missiles and missile components may be transferred to 
     appropriations available for the procurement of weapons and 
     equipment, to be merged with and to be available for the same 
     time period and the same purposes as the appropriation to 
     which transferred: Provided further, That the transfer 
     authority provided under this provision is in addition to any 
     other transfer authority contained in this Act.


                     (including transfer of funds)

       Sec. 8080. Of the amounts appropriated in this Act under 
     the heading ``Shipbuilding and Conversion, Navy'', 
     $512,849,000 shall be available until September 30, 2007, to 
     fund prior year shipbuilding cost increases: Provided, That 
     upon enactment of this Act, the Secretary of the Navy shall 
     transfer such funds to the following appropriations in the 
     amounts specified: Provided further, That the amounts 
     transferred shall be merged with and be available for the 
     same purposes as the appropriations to which transferred:
       To:
       Under the heading ``Shipbuilding and Conversion, Navy, 
     1999/2007'':
       New SSN, $20,000,000;
       Under the heading ``Shipbuilding and Conversion, Navy, 
     2000/2007'':
       LPD-17 Amphibious Transport Dock Ship Program, $66,049,000;
       Under the heading ``Shipbuilding and Conversion, Navy, 
     2001/2007'':
       New SSN, $41,000,000;
       Carrier Replacement Program, $318,400,000;
       Under the heading ``Shipbuilding and Conversion, Navy, 
     2002/2007'':
       New SSN, $28,000,000;
       Under the heading ``Shipbuilding and Conversion, Navy, 
     2003/2007'':
       New SSN, $22,000,000; and
       Under the heading ``Shipbuilding and Conversion, Navy, 
     2005/2009'':
       LPD-17 Amphibious Transport Dock Ship Program, $17,400,000.
       Sec. 8081. The Secretary of the Navy may settle, or 
     compromise, and pay any and all admiralty claims under 
     section 7622 of title 10, United States Code arising out of 
     the collision involving the U.S.S. GREENEVILLE and the EHIME 
     MARU, in any amount and without regard to the monetary 
     limitations in subsections (a) and (b) of that section: 
     Provided, That such payments shall be made from funds 
     available to the Department of the Navy for operation and 
     maintenance.
       Sec. 8082. Notwithstanding any other provision of law or 
     regulation, the Secretary of Defense may exercise the 
     provisions of section 7403(g) of title 38, United States Code 
     for occupations listed in section 7403(a)(2) of title 38, 
     United States Code as well as the following:
       Pharmacists, Audiologists, and Dental Hygienists.
       (A) The requirements of section 7403(g)(1)(A) of title 38, 
     United States Code shall apply.
       (B) The limitations of section 7403(g)(1)(B) of title 38, 
     United States Code shall not apply.
       Sec. 8083. Funds appropriated by this Act, or made 
     available by the transfer of funds in this Act, for 
     intelligence activities are deemed to be specifically 
     authorized by the Congress for purposes of section 504 of the 
     National Security Act of 1947 (50 U.S.C. 414) during fiscal 
     year 2007 until the enactment of the Intelligence 
     Authorization Act for fiscal year 2007.
       Sec. 8084. None of the funds in this Act may be used to 
     initiate a new start program without prior written 
     notification to the Office of Secretary of Defense and the 
     congressional defense committees.
       Sec. 8085. (a) In addition to the amounts provided 
     elsewhere in this Act, the amount of $5,400,000 is hereby 
     appropriated to the Department of Defense for ``Operation and 
     Maintenance, Army National Guard''. Such amount shall be made 
     available to the Secretary of the Army only to make a grant 
     in the amount of $5,400,000 to the entity specified in 
     subsection (b) to facilitate access by veterans to 
     opportunities for skilled employment in the construction 
     industry.
       (b) The entity referred to in subsection (a) is the Center 
     for Military Recruitment, Assessment and Veterans Employment, 
     a nonprofit labor-management co-operation committee provided 
     for by section 302(c)(9) of the Labor-Management Relations 
     Act, 1947 (29 U.S.C. 186(c)(9)), for the purposes set forth 
     in section 6(b) of the Labor Management Cooperation Act of 
     1978 (29 U.S.C. 175a note).
       Sec. 8086. Financing and Fielding of Key Army Capabilities. 
     The Department of Defense and the Department of the Army 
     shall make future budgetary and programming plans to fully 
     finance the Non-Line of Sight Future Force cannon (NLOS-C) 
     and a compatible large caliber ammunition resupply capability 
     for this system supported by the Future Combat Systems (FCS) 
     Brigade Combat Team (BCT) in order to field this system in 
     fiscal year 2010: Provided, That the Army shall develop the 
     NLOS-C independent of the broader FCS development timeline to 
     achieve fielding by fiscal year 2010. In addition the Army 
     will deliver eight (8) combat operational pre-production 
     NLOS-C systems by the end of calendar year 2008. These 
     systems shall be in addition to those systems necessary for 
     developmental and operational testing: Provided further, That 
     the Army shall ensure that budgetary and programmatic plans 
     will provide for no fewer than seven (7) Stryker Brigade 
     Combat Teams.
       Sec. 8087. Up to $2,000,000 of the funds appropriated under 
     the heading ``Operation and Maintenance, Navy'' in this Act 
     for the Pacific Missile Range Facility may be made available 
     to contract for the repair, maintenance, and operation of 
     adjacent off-base water, drainage, and flood control systems, 
     electrical upgrade to support additional missions critical to 
     base operations, and support for a range footprint expansion 
     to further guard against encroachment.
       Sec. 8088. In addition to the amounts appropriated or 
     otherwise made available elsewhere in this Act, $11,100,000 
     is hereby appropriated to the Department of Defense, to 
     remain available until September 30, 2007: Provided, That the 
     Secretary of Defense shall make grants in the amounts 
     specified as follows: $4,500,000 to the Intrepid Sea-Air-
     Space Foundation; $2,600,000 to the Center for Applied 
     Science and Technologies at Jordan Valley Innovation Center; 
     $1,000,000 to the Women in Military Service for America 
     Memorial Foundation; $2,000,000 to The Presidio Trust; and, 
     $1,000,000 to the Red Cross Consolidated Blood Services 
     Facility.
       Sec. 8089. The budget of the President for fiscal year 2008 
     submitted to the Congress pursuant to section 1105 of title 
     31, United States Code shall include separate budget 
     justification documents for costs of United States Armed 
     Forces' participation in contingency operations for the 
     Military Personnel accounts, the Operation and

[[Page 19283]]

     Maintenance accounts, and the Procurement accounts: Provided, 
     That these documents shall include a description of the 
     funding requested for each contingency operation, for each 
     military service, to include all Active and Reserve 
     components, and for each appropriations account: Provided 
     further, That these documents shall include estimated costs 
     for each element of expense or object class, a reconciliation 
     of increases and decreases for each contingency operation, 
     and programmatic data including, but not limited to, troop 
     strength for each Active and Reserve component, and estimates 
     of the major weapons systems deployed in support of each 
     contingency: Provided further, That these documents shall 
     include budget exhibits OP-5 and OP-32 (as defined in the 
     Department of Defense Financial Management Regulation) for 
     all contingency operations for the budget year and the two 
     preceding fiscal years.
       Sec. 8090. None of the funds in this Act may be used for 
     research, development, test, evaluation, procurement or 
     deployment of nuclear armed interceptors of a missile defense 
     system.
       Sec. 8091. Of the amounts provided in title II of this Act 
     under the heading ``Operation and Maintenance, Defense-
     Wide'', $20,000,000 is available for the Regional Defense 
     Counter-terrorism Fellowship Program, to fund the education 
     and training of foreign military officers, ministry of 
     defense civilians, and other foreign security officials, to 
     include United States military officers and civilian 
     officials whose participation directly contributes to the 
     education and training of these foreign students.
       Sec. 8092. None of the funds appropriated or made available 
     in this Act shall be used to reduce or disestablish the 
     operation of the 53rd Weather Reconnaissance Squadron of the 
     Air Force Reserve, if such action would reduce the WC-130 
     Weather Reconnaissance mission below the levels funded in 
     this Act: Provided, That the Air Force shall allow the 53rd 
     Weather Reconnaissance Squadron to perform other missions in 
     support of national defense requirements during the non-
     hurricane season.
       Sec. 8093. None of the funds provided in this Act shall be 
     available for integration of foreign intelligence information 
     unless the information has been lawfully collected and 
     processed during the conduct of authorized foreign 
     intelligence activities: Provided, That information 
     pertaining to United States persons shall only be handled in 
     accordance with protections provided in the Fourth Amendment 
     of the United States Constitution as implemented through 
     Executive Order No. 12333.
       Sec. 8094. (a) At the time members of reserve components of 
     the Armed Forces are called or ordered to active duty under 
     section 12302(a) of title 10, United States Code, each member 
     shall be notified in writing of the expected period during 
     which the member will be mobilized.
       (b) The Secretary of Defense may waive the requirements of 
     subsection (a) in any case in which the Secretary determines 
     that it is necessary to do so to respond to a national 
     security emergency or to meet dire operational requirements 
     of the Armed Forces.
       Sec. 8095. None of the funds available to the Department of 
     Defense may be obligated to modify command and control 
     relationships to give Fleet Forces Command administrative and 
     operational control of U.S. Navy forces assigned to the 
     Pacific fleet: Provided, That the command and control 
     relationships which existed on October 1, 2004, shall remain 
     in force unless changes are specifically authorized in a 
     subsequent Act.


                     (including transfer of funds)

       Sec. 8096. The Secretary of Defense may transfer funds from 
     any available Department of the Navy appropriation to any 
     available Navy ship construction appropriation for the 
     purpose of liquidating necessary changes resulting from 
     inflation, market fluctuations, or rate adjustments for any 
     ship construction program appropriated in law: Provided, That 
     the Secretary may transfer not to exceed $100,000,000 under 
     the authority provided by this section: Provided further, 
     That the Secretary may not transfer any funds until 30 days 
     after the proposed transfer has been reported to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives, unless sooner notified by the Committees 
     that there is no objection to the proposed transfer: Provided 
     further, That the transfer authority provided by this section 
     is in addition to any other transfer authority contained 
     elsewhere in this Act.
       Sec. 8097. (a) The total amount appropriated or otherwise 
     made available in title II of this Act is hereby reduced by 
     $85,000,000 to limit excessive growth in the travel and 
     transportation of persons.
       (b) The Secretary of Defense shall allocate this reduction 
     proportionately to each budget activity, activity group, 
     subactivity group, and each program, project, and activity 
     within each applicable appropriation account.
       Sec. 8098. In addition to funds made available elsewhere in 
     this Act, $5,500,000 is hereby appropriated and shall remain 
     available until expended to provide assistance, by grant or 
     otherwise (such as, but not limited to, the provision of 
     funds for repairs, maintenance, construction, and/or for the 
     purchase of information technology, text books, teaching 
     resources), to public schools that have unusually high 
     concentrations of special needs military dependents enrolled: 
     Provided, That in selecting school systems to receive such 
     assistance, special consideration shall be given to school 
     systems in States that are considered overseas assignments, 
     and all schools within these school systems shall be eligible 
     for assistance: Provided further, That up to 2 percent of the 
     total appropriated funds under this section shall be 
     available to support the administration and execution of the 
     funds or program and/or events that promote the purpose of 
     this appropriation (e.g. payment of travel and per diem of 
     school teachers attending conferences or a meeting that 
     promotes the purpose of this appropriation and/or consultant 
     fees for on-site training of teachers, staff, or Joint 
     Venture Education Forum (JVEF) Committee members): Provided 
     further, That up to $2,000,000 shall be available for the 
     Department of Defense to establish a non-profit trust fund to 
     assist in the public-private funding of public school repair 
     and maintenance projects, or provide directly to non-profit 
     organizations who in return will use these monies to provide 
     assistance in the form of repair, maintenance, or renovation 
     to public school systems that have high concentrations of 
     special needs military dependents and are located in States 
     that are considered overseas assignments: Provided further, 
     That to the extent a Federal agency provides this assistance, 
     by contract, grant, or otherwise, it may accept and expend 
     non-Federal funds in combination with these Federal funds to 
     provide assistance for the authorized purpose, if the non-
     Federal entity requests such assistance and the non-Federal 
     funds are provided on a reimbursable basis.
       Sec. 8099. The Secretary of the Air Force is authorized, 
     using funds available under the heading ``Operation and 
     Maintenance, Air Force'', to complete a phased repair 
     project, which repairs may include upgrades and additions, to 
     the infrastructure of the operational ranges managed by the 
     Air Force in Alaska: Provided, That the total cost of such 
     phased projects shall not exceed $50,000,000.
       Sec. 8100. For purposes of section 612 of title 41, United 
     States Code, any subdivision of appropriations made under the 
     heading ``Shipbuilding and Conversion, Navy'' that is not 
     closed at the time reimbursement is made shall be available 
     to reimburse the Judgment Fund and shall be considered for 
     the same purposes as any subdivision under the heading 
     ``Shipbuilding and Conversion, Navy'' appropriations in the 
     current fiscal year or any prior fiscal year.
       Sec. 8101. (a) None of the funds appropriated by this Act 
     may be used to transfer research and development, 
     acquisition, or other program authority relating to current 
     tactical unmanned aerial vehicles (TUAVs) from the Army.
       (b) The Army shall retain responsibility for and 
     operational control of the Extended Range Multi-Purpose 
     (ERMP) Unmanned Aerial Vehicle (UAV) in order to support the 
     Secretary of Defense in matters relating to the employment of 
     unmanned aerial vehicles.
       Sec. 8102. Of the funds provided in this Act, $8,100,000 
     shall be available for the operations and development of 
     training and technology for the Joint Interagency Training 
     Center-East and the affiliated Center for National Response 
     at the Memorial Tunnel and for providing homeland defense/
     security and traditional warfighting training to the 
     Department of Defense, other Federal agency, and State and 
     local first responder personnel at the Joint Interagency 
     Training Center-East.
       Sec. 8103. The authority to conduct a continuing 
     cooperative program in the proviso in title II of Public Law 
     102-368 under the heading ``Research, Development, Test and 
     Evaluation, Defense Agencies'' (106 Stat. 1121) shall be 
     extended through September 30, 2008 in cooperation with 
     NELHA.
       Sec. 8104. The Secretary of Defense may present promotional 
     materials, including a United States flag, to any member of 
     an Active or Reserve component under the Secretary's 
     jurisdiction who, as determined by the Secretary, 
     participates in Operation Enduring Freedom or Operation Iraqi 
     Freedom, along with other recognition items in conjunction 
     with any week-long national observation and day of national 
     celebration, if established by Presidential proclamation, for 
     any such members returning from such operations.
       Sec. 8105. Up to $10,000,000 of the funds appropriated 
     under the heading, ``Operation and Maintenance, Navy'' may be 
     made available for the Asia Pacific Regional Initiative 
     Program for the purpose of enabling the Pacific Command to 
     execute Theater Security Cooperation activities such as 
     humanitarian assistance, and payment of incremental and 
     personnel costs of training and exercising with foreign 
     security forces: Provided, That funds made available for this 
     purpose may be used, notwithstanding any other funding 
     authorities for humanitarian assistance, security assistance 
     or combined exercise expenses: Provided further, That funds 
     may not be obligated to provide assistance to any foreign 
     country that is otherwise prohibited from receiving such type 
     of assistance under any other provision of law.
       Sec. 8106. Notwithstanding any other provision of this Act, 
     to reflect savings from revised economic assumptions the 
     total amount appropriated in title II of this Act is hereby 
     reduced by $401,925,000, the total amount appropriated in 
     title III of this Act is hereby reduced by $325,000,000, the 
     total amount appropriated in title IV of this Act is hereby 
     reduced by $286,000,000, the total amount appropriated in 
     title V of this Act is hereby reduced by $9,500,000, the 
     total amount appropriated in title VI of this Act is hereby 
     reduced by $9,500,000, and the total amount appropriated in 
     title VII of this Act is hereby reduced by $2,500,000: 
     Provided, That the Secretary of Defense shall allocate this 
     reduction proportionally to each budget activity, activity 
     group, subactivity group, and each program, project, and 
     activity, within

[[Page 19284]]

     each appropriation account: Provided further, That this 
     reduction shall not apply to ``Central Intelligence Agency 
     Retirement and Disability System Fund''.
       Sec. 8107. The Secretary of Defense shall, not later than 
     90 days after the enactment of this Act, submit to the 
     congressional defense committees a report detailing the 
     efforts by the Department of Defense Education Activity 
     (DoDEA) to address dyslexia in students at DoDEA schools: 
     Provided, That this report shall include a description of 
     funding provided in this and other Department of Defense 
     Appropriations Acts used by DoDEA schools to address 
     dyslexia.
       Sec. 8108. (a) Limitation on Retirement Pending Report on 
     Bomber Force Structure.--No funds appropriated for the 
     Department of Defense may be obligated or expended for 
     retiring or dismantling any of the 93 B-52H bomber aircraft 
     in service in the Air Force as of June 1, 2006, until 30 days 
     after the Secretary of the Air Force transmits to the 
     congressional defense committees a report on the bomber force 
     structure of the Air Force meeting the requirements of 
     subsection (b).
       (b) Elements.--The report under subsection (a) shall set 
     forth the following:
       (1) The plan of the Air Force for the modernization of the 
     B-52H bomber aircraft fleet.
       (2) The plans of the Air Force for the modernization of the 
     balance of the bomber force structure.
       (3) The amount and type of bombers in the bomber force 
     structure that is appropriate to meet the requirements of the 
     national security strategy of the United States.
       (4) An analysis and justification of the cost and projected 
     savings of any reductions to the B-52H bomber fleet as a 
     result of the retirement or dismantlement of the B-52H bomber 
     aircraft covered by the report.
       (5) The current assessments for the useful life of each of 
     the bomber aircraft in the Air Force inventory under the 
     Aircraft Structural Integrity Program, any flight 
     restrictions against each of the bomber aircraft in the Air 
     Force inventory, and an analysis of any funding required for 
     modifications designed to correct a problem that threatens 
     grounding all or a portion of that aircraft fleet.
       (6) The date by which any new bomber aircraft must reach 
     initial operational capability and the capabilities of the 
     bomber force structure that would be replaced or superseded 
     by any new bomber aircraft.
       (7) An assessment of the likelihood that the development of 
     a new bomber aircraft will meet the current schedule of 
     reaching initial operational capability by 2018.
       (8) An assessment of the risk to national security of 
     retiring a substantial portion of our bomber fleet, including 
     a consideration of the additional risk if the development of 
     a new bomber aircraft does not meet the current schedule of 
     reaching initial operational capability by 2018.
       (c) Preparation of Report.--A report under this section 
     shall be prepared and submitted by the Institute of Defense 
     Analyses to the Secretary of the Air Force for transmittal by 
     the Secretary in accordance with subsection (a).
       (d) Form.--The report under subsection (a) shall be in 
     unclassified form, but may include a classified annex.
       Sec. 8109. Notwithstanding the first section of Public Law 
     85-804 (50 U.S.C. 1431), in the event a notice on the 
     modification of a contract described in that section is 
     submitted to the Committees on Armed Services of the Senate 
     and the House of Representatives by the Army Contract 
     Adjustment Board during the period beginning on July 28, 
     2006, and ending on the date of the adjournment of the 109th 
     Congress sine die, such contract may be modified in 
     accordance with such notice commencing on the earlier of--
       (1) the date that is 60 calendar days after the date of 
     such notice; or
       (2) the date of the adjournment of the 109th Congress sine 
     die.
       Sec. 8110. (a) Except as provided in subsection (b), the 
     Secretary of the Air Force shall, not later than March 31, 
     2007, submit to the congressional defense committees a cost-
     benefit analysis of significant proposed realignments or 
     closures of research and development or test and evaluation 
     installations, activities, facilities, laboratories, units, 
     functions, or capabilities of the Air Force. The analysis 
     shall include an evaluation of missions served and 
     alternatives considered and of the benefits, costs, risks, 
     and other considerations associated with each such proposed 
     realignment or closure.
       (b) The requirement under subsection (a) does not apply to 
     realignment and closure activities carried out in accordance 
     with the final recommendations of the Defense Base Closure 
     and Realignment Commission under the 2005 round of defense 
     base closure and realignment.
       (c) None of the funds appropriated or otherwise made 
     available in this Act may be used to transfer from Eglin Air 
     Force Base, Florida, to any other location, or otherwise to 
     divest from that base, any test and evaluation facility or 
     test and evaluation activity that as of the beginning of 
     fiscal year 2007 is located or conducted at that base.
     Sec. 8111. None of the funds appropriated or otherwise made 
     available by this Act may be obligated or expended to 
     implement any provision of the National Security Personnel 
     System under chapter 99 of title 5, United States Code, that 
     deviates from any provision relating to labor-management 
     relations, adverse actions, or appeals under chapter 71, 75, 
     or 77 of title 5, United States Code, or from any regulations 
     prescribed under such chapter 71, 75, or 77: Provided, That 
     the limitation in this section shall cease to apply to the 
     extent that the decision of the court in AFGE v. Rumsfeld 
     (442 F. Supp. 2d 16 (D.D.C. 2006)) is reversed on appeal.
       Sec. 8112. Except as expressly provided otherwise, any 
     reference to ``this Act'' contained in this dividion shall be 
     treated as referring only to the provisions of this division.

                                TITLE IX

                       ADDITIONAL APPROPRIATIONS

                           MILITARY PERSONNEL

                        Military Personnel, Army

       For an additional amount for ``Military Personnel, Army'', 
     $4,346,710,000.

                        Military Personnel, Navy

       For an additional amount for ``Military Personnel, Navy'', 
     $143,296,000.

                    Military Personnel, Marine Corps

       For an additional amount for ``Military Personnel, Marine 
     Corps'', $145,576,000.

                     Military Personnel, Air Force

       For an additional amount for ``Military Personnel, Air 
     Force'', $351,788,000.

                        Reserve Personnel, Army

       For an additional amount for ``Reserve Personnel, Army'', 
     $87,756,000.

                    Reserve Personnel, Marine Corps

       For an additional amount for ``Reserve Personnel, Marine 
     Corps'', $15,420,000.

                     National Guard Personnel, Army

       For an additional amount for ``National Guard Personnel, 
     Army'', $295,959,000.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

       For an additional amount for ``Operation and Maintenance, 
     Army'', $28,364,102,000.

                    Operation and Maintenance, Navy


                     (including transfer of funds)

       For an additional amount for ``Operation and Maintenance, 
     Navy'', $1,615,288,000: Provided, That up to $90,000,000 
     shall be transferred to the Coast Guard ``Operating 
     Expenses'' account.

                Operation and Maintenance, Marine Corps

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps'', $2,689,006,000.

                  Operation and Maintenance, Air Force

       For an additional amount for ``Operation and Maintenance, 
     Air Force'', $2,688,189,000.

                Operation and Maintenance, Defense-Wide

       For an additional amount for ``Operation and Maintenance, 
     Defense-Wide'', $2,774,963,000, of which up to $900,000,000, 
     to remain available until expended, may be used for payments 
     to reimburse Pakistan, Jordan, and other key cooperating 
     nations, for logistical, military, and other support 
     provided, or to be provided, to United States military 
     operations, notwithstanding any other provision of law: 
     Provided, That such payments may be made in such amounts as 
     the Secretary of Defense, with the concurrence of the 
     Secretary of State, and in consultation with the Director of 
     the Office of Management and Budget, may determine, in his 
     discretion, based on documentation determined by the 
     Secretary of Defense to adequately account for the support 
     provided, and such determination is final and conclusive upon 
     the accounting officers of the United States, and 15 days 
     following notification to the appropriate congressional 
     committees: Provided further, That the Secretary of Defense 
     shall provide quarterly reports to the congressional defense 
     committees on the use of funds provided in this paragraph.

                Operation and Maintenance, Army Reserve

       For an additional amount for ``Operation and Maintenance, 
     Army Reserve'', $211,600,000.

                Operation and Maintenance, Navy Reserve

       For an additional amount for ``Operation and Maintenance, 
     Navy Reserve'', $9,886,000.

            Operation and Maintenance, Marine Corps Reserve

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps Reserve'', $48,000,000.

              Operation and Maintenance, Air Force Reserve

       For an additional amount for ``Operation and Maintenance, 
     Air Force Reserve'', $65,000,000.

             Operation and Maintenance, Army National Guard

       For an additional amount for ``Operation and Maintenance, 
     Army National Guard'', $424,000,000.

             Operation and Maintenance, Air National Guard

       For an additional amount for ``Operation and Maintenance, 
     Air National Guard'', $200,000,000.

                           Iraq Freedom Fund


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Iraq Freedom Fund'', 
     $50,000,000, to remain available for transfer until September 
     30, 2008, only to support operations in Iraq or Afghanistan: 
     Provided, That the Secretary of Defense may transfer the 
     funds provided herein to appropriations for military 
     personnel; operation and maintenance; Overseas Humanitarian, 
     Disaster, and Civic Aid; procurement; research, development, 
     test and evaluation; and working capital funds: Provided 
     further, That funds transferred shall be merged with and be 
     available for the same purposes and for the same time period 
     as the appropriation or fund to which transferred: Provided 
     further, That this transfer authority is in addition to any 
     other transfer authority available to the Department of 
     Defense: Provided further, That upon a determination that all 
     or

[[Page 19285]]

     part of the funds transferred from this appropriation are not 
     necessary for the purposes provided herein, such amounts may 
     be transferred back to this appropriation: Provided further, 
     That the Secretary of Defense shall, not fewer than 5 days 
     prior to making transfers from this appropriation, notify the 
     congressional defense committees in writing of the details of 
     any such transfer: Provided further, That the Secretary shall 
     submit a report no later than 30 days after the end of each 
     fiscal quarter to the congressional defense committees 
     summarizing the details of the transfer of funds from this 
     appropriation.

                    Afghanistan Security Forces Fund


                     (INCLUDING TRANSFER OF FUNDS)

       For the ``Afghanistan Security Forces Fund'', 
     $1,500,000,000, to remain available until September 30, 2008: 
     Provided, That such funds shall be available to the Secretary 
     of Defense, notwithstanding any other provision of law, for 
     the purpose of allowing the Commander, Office of Security 
     Cooperation--Afghanistan, or the Secretary's designee, to 
     provide assistance, with the concurrence of the Secretary of 
     State, to the security forces of Afghanistan, including the 
     provision of equipment, supplies, services, training, 
     facility and infrastructure repair, renovation, and 
     construction, and funding: Provided further, That the 
     authority to provide assistance under this heading is in 
     addition to any other authority to provide assistance to 
     foreign nations: Provided further, That the Secretary of 
     Defense may transfer such funds to appropriations for 
     military personnel; operation and maintenance; Overseas 
     Humanitarian, Disaster, and Civic Aid; procurement; research, 
     development, test and evaluation; and defense working capital 
     funds to accomplish the purposes provided herein: Provided 
     further, That this transfer authority is in addition to any 
     other transfer authority available to the Department of 
     Defense: Provided further, That upon a determination that all 
     or part of the funds so transferred from this appropriation 
     are not necessary for the purposes provided herein, such 
     amounts may be transferred back to this appropriation: 
     Provided further, That contributions of funds for the 
     purposes provided herein from any person, foreign government, 
     or international organization may be credited to this Fund, 
     and used for such purposes: Provided further, That the 
     Secretary shall notify the congressional defense committees 
     in writing upon the receipt and upon the transfer of any 
     contribution delineating the sources and amounts of the funds 
     received and the specific use of such contributions: Provided 
     further, That the Secretary of Defense shall, not fewer than 
     five days prior to making transfers from this appropriation 
     account, notify the congressional defense committees in 
     writing of the details of any such transfer: Provided 
     further, That the Secretary shall submit a report no later 
     than 30 days after the end of each fiscal quarter to the 
     congressional defense committees summarizing the details of 
     the transfer of funds from this appropriation.

                       Iraq Security Forces Fund


                     (INCLUDING TRANSFER OF FUNDS)

        For the ``Iraq Security Forces Fund'', $1,700,000,000, to 
     remain available until September 30, 2008: Provided, That 
     such funds shall be available to the Secretary of Defense, 
     notwithstanding any other provision of law, for the purpose 
     of allowing the Commander, Multi-National Security Transition 
     Command--Iraq, or the Secretary's designee, to provide 
     assistance, with the concurrence of the Secretary of State, 
     to the security forces of Iraq, including the provision of 
     equipment, supplies, services, training, facility and 
     infrastructure repair, renovation, and construction, and 
     funding: Provided further, That the authority to provide 
     assistance under this heading is in addition to any other 
     authority to provide assistance to foreign nations: Provided 
     further, That the Secretary of Defense may transfer such 
     funds to appropriations for military personnel; operation and 
     maintenance; Overseas Humanitarian, Disaster, and Civic Aid; 
     procurement; research, development, test and evaluation; and 
     defense working capital funds to accomplish the purposes 
     provided herein: Provided further, That this transfer 
     authority is in addition to any other transfer authority 
     available to the Department of Defense: Provided further, 
     That upon a determination that all or part of the funds so 
     transferred from this appropriation are not necessary for the 
     purposes provided herein, such amounts may be transferred 
     back to this appropriation: Provided further, That 
     contributions of funds for the purposes provided herein from 
     any person, foreign government, or international organization 
     may be credited to this Fund, and used for such purposes: 
     Provided further, That the Secretary shall notify the 
     congressional defense committees in writing upon the receipt 
     and upon the transfer of any contribution delineating the 
     sources and amounts of the funds received and the specific 
     use of such contributions: Provided further, That the 
     Secretary of Defense shall, not fewer than five days prior to 
     making transfers from this appropriation account, notify the 
     congressional defense committees in writing of the details of 
     any such transfer: Provided further, That the Secretary shall 
     submit a report no later than 30 days after the end of each 
     fiscal quarter to the congressional defense committees 
     summarizing the details of the transfer of funds from this 
     appropriation.

             Joint Improvised Explosive Device Defeat Fund


                     (Including Transfer of Funds)

       For the ``Joint Improvised Explosive Device Defeat Fund'', 
     $1,920,700,000, to remain available until September 30, 2009: 
     Provided, That such funds shall be available to the Secretary 
     of Defense, notwithstanding any other provision of law, for 
     the purpose of allowing the Director of the Joint Improvised 
     Explosive Device Defeat Organization to investigate, develop 
     and provide equipment, supplies, services, training, 
     facilities, personnel and funds to assist United States 
     forces in the defeat of improvised explosive devices: 
     Provided further, That within 60 days of the enactment of 
     this Act, a plan for the intended management and use of the 
     Fund is provided to the congressional defense committees: 
     Provided further, That the Secretary of Defense shall submit 
     a report not later than 30 days after the end of each fiscal 
     quarter to the congressional defense committees providing 
     assessments of the evolving threats, individual service 
     requirements to counter the threats, the current strategy for 
     predeployment training of members of the Armed Forces on 
     improvised explosive devices, and details on the execution of 
     this Fund: Provided further, That the Secretary of Defense 
     may transfer funds provided herein to appropriations for 
     military personnel; operation and maintenance; procurement; 
     research, development, test and evaluation; and defense 
     working capital funds to accomplish the purpose provided 
     herein: Provided further, That this transfer authority is in 
     addition to any other transfer authority available to the 
     Department of Defense: Provided further, That upon 
     determination that all or part of the funds so transferred 
     from this appropriation are not necessary for the purpose 
     provided herein, such amounts may be transferred back to this 
     appropriation: Provided further, That the Secretary of 
     Defense shall, not fewer than 5 days prior to making 
     transfers from this appropriation, notify the congressional 
     defense committees in writing of the details of any such 
     transfer.

                              PROCUREMENT

                       Aircraft Procurement, Army

       For an additional amount for ``Aircraft Procurement, 
     Army'', $1,461,300,000, to remain available for obligation 
     until September 30, 2009.

        Procurement of Weapons and Tracked Combat Vehicles, Army

       For an additional amount for ``Procurement of Weapons and 
     Tracked Combat Vehicles, Army'', $3,393,230,000, to remain 
     available for obligation until September 30, 2009.

                    Procurement of Ammunition, Army

       For an additional amount for ``Procurement of Ammunition, 
     Army'', $237,750,000, to remain available for obligation 
     until September 30, 2009.

                        Other Procurement, Army

       For an additional amount for ``Other Procurement, Army'', 
     $5,003,995,000, to remain available for obligation until 
     September 30, 2009.

                       Aircraft Procurement, Navy

       For an additional amount for ``Aircraft Procurement, 
     Navy'', $486,881,000, to remain available for obligation 
     until September 30, 2009.

                       Weapons Procurement, Navy

       For an additional amount for ``Weapons Procurement, Navy'', 
     $109,400,000, to remain available for obligation until 
     September 30, 2009.

            Procurement of Ammunition, Navy and Marine Corps

       For an additional amount for ``Procurement of Ammunition, 
     Navy and Marine Corps'', $127,880,000, to remain available 
     for obligation until September 30, 2009.

                        Other Procurement, Navy

       For an additional amount for ``Other Procurement, Navy'', 
     $319,965,000, to remain available for obligation until 
     September 30, 2009.

                       Procurement, Marine Corps

       For an additional amount for ``Procurement, Marine Corps'', 
     $4,898,269,000, to remain available for obligation until 
     September 30, 2009.

                    Aircraft Procurement, Air Force

       For an additional amount for ``Aircraft Procurement, Air 
     Force'', $2,291,300,000, to remain available for obligation 
     until September 30, 2009.

                     Missile Procurement, Air Force

       For an additional amount for ``Missile Procurement, Air 
     Force'', $32,650,000, to remain available for obligation 
     until September 30, 2009.

                      Other Procurement, Air Force

       For an additional amount for ``Other Procurement, Air 
     Force'', $1,317,607,000, to remain available for obligation 
     until September 30, 2009.

                       Procurement, Defense-Wide

       For an additional amount for ``Procurement, Defense-Wide'', 
     $145,555,000, to remain available for obligation until 
     September 30, 2009.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Navy

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Navy'', $231,106,000, to remain available 
     until September 30, 2008.

         Research, Development, Test and Evaluation, Air Force

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Air Force'', $36,964,000, to remain available 
     until September 30, 2008.

        Research, Development, Test and Evaluation, Defense-Wide

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Defense-Wide'', $139,644,000, to remain 
     available until September 30, 2008.

[[Page 19286]]



                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

         Drug Interdiction and Counter-Drug Activities, Defense

       For an additional amount for ``Drug Interdiction and 
     Counter-Drug Activities, Defense'', $100,000,000.

                            RELATED AGENCIES

               Intelligence Community Management Account

       For an additional amount for ``Intelligence Community 
     Management Account'', $19,265,000, to remain available until 
     September 30, 2008.

                           GENERAL PROVISIONS

       Sec. 9001. Appropriations provided in this title are 
     available for obligation until September 30, 2007, unless 
     otherwise so provided in this title.
       Sec. 9002. Notwithstanding any other provision of law or of 
     this Act, funds made available in this title are in addition 
     to amounts provided elsewhere in this Act.


                          (TRANSFER OF FUNDS)

       Sec. 9003. Upon his determination that such action is 
     necessary in the national interest, the Secretary of Defense 
     may transfer between appropriations up to $3,000,000,000 of 
     the funds made available to the Department of Defense in this 
     title: Provided, That the Secretary shall notify the Congress 
     promptly of each transfer made pursuant to the authority in 
     this section: Provided further, That the authority provided 
     in this section is in addition to any other transfer 
     authority available to the Department of Defense and is 
     subject to the same terms and conditions as the authority 
     provided in section 8005 of this Act.
       Sec. 9004. Funds appropriated in this title, or made 
     available by the transfer of funds in or pursuant to this 
     title, for intelligence activities are deemed to be 
     specifically authorized by the Congress for purposes of 
     section 504 of the National Security Act of 1947 (50 U.S.C. 
     414).
       Sec. 9005. None of the funds provided in this title may be 
     used to finance programs or activities denied by Congress in 
     fiscal years 2006 or 2007 appropriations to the Department of 
     Defense or to initiate a procurement or research, 
     development, test and evaluation new start program without 
     prior written notification to the congressional defense 
     committees.
       Sec. 9006. (a) From funds made available in this title to 
     the Department of Defense, not to exceed $500,000,000 may be 
     used, notwithstanding any other provision of law, to fund the 
     Commander's Emergency Response Program, for the purpose of 
     enabling military commanders in Iraq to respond to urgent 
     humanitarian relief and reconstruction requirements within 
     their areas of responsibility by carrying out programs that 
     will immediately assist the Iraqi people, and to fund a 
     similar program to assist the people of Afghanistan.
       (b) Quarterly Reports.--Not later than 15 days after the 
     end of each fiscal year quarter (beginning with the first 
     quarter of fiscal year 2007), the Secretary of Defense shall 
     submit to the congressional defense committees a report 
     regarding the source of funds and the allocation and use of 
     funds during that quarter that were made available pursuant 
     to the authority provided in this section or under any other 
     provision of law for the purposes of the programs under 
     subsection (a).
       Sec. 9007. Amounts provided in this title for operations in 
     Iraq and Afghanistan may be used by the Department of Defense 
     for the purchase of up to 20 heavy and light armored vehicles 
     for force protection purposes, notwithstanding price or other 
     limitations specified elsewhere in this Act, or any other 
     provision of law: Provided, That the Secretary of Defense 
     shall submit a report in writing no later than 30 days after 
     the end of each fiscal quarter notifying the congressional 
     defense committees of any purchase described in this section, 
     including the cost, purposes, and quantities of vehicles 
     purchased.
       Sec. 9008. During the current fiscal year, funds available 
     to the Department of Defense for operation and maintenance 
     may be used, notwithstanding any other provision of law, to 
     provide supplies, services, transportation, including airlift 
     and sealift, and other logistical support to coalition forces 
     supporting military and stability operations in Iraq and 
     Afghanistan: Provided, That the Secretary of Defense shall 
     provide quarterly reports to the congressional defense 
     committees regarding support provided under this section.
       Sec. 9009. Supervision and administration costs associated 
     with a construction project funded with appropriations 
     available for operation and maintenance, and executed in 
     direct support of the Global War on Terrorism only in Iraq 
     and Afghanistan, may be obligated at the time a construction 
     contract is awarded: Provided, That for the purpose of this 
     section, supervision and administration costs include all in-
     house Government costs.
       Sec. 9010. (a) Not later than 60 days after the date of the 
     enactment of this Act and every 90 days thereafter through 
     the end of fiscal year 2007, the Secretary of Defense shall 
     set forth in a report to Congress a comprehensive set of 
     performance indicators and measures for progress toward 
     military and political stability in Iraq.
       (b) The report shall include performance standards and 
     goals for security, economic, and security force training 
     objectives in Iraq together with a notional timetable for 
     achieving these goals.
       (c) In specific, the report requires, at a minimum, the 
     following:
       (1) With respect to stability and security in Iraq, the 
     following:
       (A) Key measures of political stability, including the 
     important political milestones that must be achieved over the 
     next several years.
       (B) The primary indicators of a stable security environment 
     in Iraq, such as number of engagements per day, numbers of 
     trained Iraqi forces, and trends relating to numbers and 
     types of ethnic and religious-based hostile encounters.
       (C) An assessment of the estimated strength of the 
     insurgency in Iraq and the extent to which it is composed of 
     non-Iraqi fighters.
       (D) A description of all militias operating in Iraq, 
     including the number, size, equipment strength, military 
     effectiveness, sources of support, legal status, and efforts 
     to disarm or reintegrate each militia.
       (E) Key indicators of economic activity that should be 
     considered the most important for determining the prospects 
     of stability in Iraq, including--
       (i) unemployment levels;
       (ii) electricity, water, and oil production rates; and
       (iii) hunger and poverty levels.
       (F) The criteria the Administration will use to determine 
     when it is safe to begin withdrawing United States forces 
     from Iraq.
       (2) With respect to the training and performance of 
     security forces in Iraq, the following:
       (A) The training provided Iraqi military and other Ministry 
     of Defense forces and the equipment used by such forces.
       (B) Key criteria for assessing the capabilities and 
     readiness of the Iraqi military and other Ministry of Defense 
     forces, goals for achieving certain capability and readiness 
     levels (as well as for recruiting, training, and equipping 
     these forces), and the milestones and notional timetable for 
     achieving these goals.
       (C) The operational readiness status of the Iraqi military 
     forces, including the type, number, size, and organizational 
     structure of Iraqi battalions that are--
       (i) capable of conducting counterinsurgency operations 
     independently;
       (ii) capable of conducting counterinsurgency operations 
     with the support of United States or coalition forces; or
       (iii) not ready to conduct counterinsurgency operations.
       (D) The rates of absenteeism in the Iraqi military forces 
     and the extent to which insurgents have infiltrated such 
     forces.
       (E) The training provided Iraqi police and other Ministry 
     of Interior forces and the equipment used by such forces.
       (F) Key criteria for assessing the capabilities and 
     readiness of the Iraqi police and other Ministry of Interior 
     forces, goals for achieving certain capability and readiness 
     levels (as well as for recruiting, training, and equipping), 
     and the milestones and notional timetable for achieving these 
     goals, including--
       (i) the number of police recruits that have received 
     classroom training and the duration of such instruction;
       (ii) the number of veteran police officers who have 
     received classroom instruction and the duration of such 
     instruction;
       (iii) the number of police candidates screened by the Iraqi 
     Police Screening Service, the number of candidates derived 
     from other entry procedures, and the success rates of those 
     groups of candidates;
       (iv) the number of Iraqi police forces who have received 
     field training by international police trainers and the 
     duration of such instruction; and
       (v) attrition rates and measures of absenteeism and 
     infiltration by insurgents.
       (G) The estimated total number of Iraqi battalions needed 
     for the Iraqi security forces to perform duties now being 
     undertaken by coalition forces, including defending the 
     borders of Iraq and providing adequate levels of law and 
     order throughout Iraq.
       (H) The effectiveness of the Iraqi military and police 
     officer cadres and the chain of command.
       (I) The number of United States and coalition advisors 
     needed to support the Iraqi security forces and associated 
     ministries.
       (J) An assessment, in a classified annex if necessary, of 
     United States military requirements, including planned force 
     rotations, through the end of calendar year 2007.
       Sec. 9011. Amounts provided in chapter 1 of title V of the 
     Emergency Supplemental Appropriations Act for Defense, the 
     Global War on Terror, and Hurricane Recovery, 2006 are hereby 
     designated as emergency requirements pursuant to section 402 
     of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.
       Sec. 9012. None of the funds appropriated or otherwise made 
     available by this Act may be obligated or expended by the 
     United States Government for a purpose as follows:
       (1) To establish any military installation or base for the 
     purpose of providing for the permanent stationing of United 
     States Armed Forces in Iraq.
       (2) To exercise United States control over any oil resource 
     of Iraq.
       Sec. 9013. Each amount appropriated or otherwise made 
     available in this title is designated as making 
     appropriations for contingency operations directly related to 
     the global war on terrorism, and other unanticipated defense-
     related operations, pursuant to section 402 of H. Con. Res. 
     376 (109th Congress) as made applicable to the House of 
     Representatives by H. Res. 818 (109th Congress), and as an 
     emergency requirement pursuant to section 402 of S. Con. Res. 
     83 (109th Congress) as made applicable to the Senate by 
     section 7035 of Public Law 109-234.


                     (including transfer of funds)

       Sec. 9014. (a) Congress makes the following findings:

[[Page 19287]]

       (1) Despite the signing of the Darfur Peace Agreement on 
     May 5, 2006, the violence in Darfur, Sudan, continues to 
     escalate and threatens to spread to other areas of Sudan and 
     throughout the region.
       (2) The African Union Mission in Sudan (AMIS) currently 
     serves as the primary security force in Darfur, but it is 
     hoped that a United Nations peacekeeping force can be 
     deployed to the region.
       (3) The continued presence of a peacekeeping force in 
     Darfur, Sudan, is critical to curbing the spread of violence 
     in the region.
       (b) Of the funds appropriated in this title under the 
     heading ``Operation and Maintenance, Defense-Wide'', 
     $20,000,000 shall be made available only for transfer to the 
     Department of State ``Peacekeeping Operations'' account to 
     support peacekeeping activities in Sudan: Provided, That 
     these funds shall be transferred by the Secretary of Defense 
     if he determines such amounts are required to assist in 
     peacekeeping activities.
       (c) The transfer authority in this section is in addition 
     to any other transfer authority available to the Department 
     of Defense.
       (d) The Secretary shall, not fewer than five days prior to 
     making transfers under this authority, notify the 
     congressional defense committees in writing of the details of 
     any such transfer.
       Sec. 9015. None of the funds made available in this Act may 
     be used in contravention of the following laws enacted or 
     regulations promulgated to implement the United Nations 
     Convention Against Torture and Other Cruel, Inhuman or 
     Degrading Treatment or Punishment (done at New York on 
     December 10, 1984):
       (1) Section 2340A of title 18, United States Code.
       (2) Section 2242 of the Foreign Affairs Reform and 
     Restructuring Act of 1998 (division G of Public Law 105-277; 
     112 Stat. 2681-822; 8 U.S.C. 1231 note) and any regulations 
     prescribed thereto, including regulations under part 208 of 
     title 8, Code of Federal Regulations, and part 95 of title 
     22, Code of Federal Regulations.
       (3) Sections 1002 and 1003 of the Department of Defense, 
     Emergency Supplemental Appropriations to Address Hurricanes 
     in the Gulf of Mexico, and Pandemic Influenza Act, 2006 
     (Public Law 109-148).
       Sec. 9016. Prohibition on Payment of Award Fees to Defense 
     Contractors in cases of contract Non-performance. None of the 
     funds appropriated or otherwise made available by this Act 
     may be obligated or expended to provide award fees to any 
     defense contractor for performance that does not meet the 
     requirements of the contract.
       Sec. 9017. No funds appropriated or otherwise made 
     available by this Act may be used by the Government of the 
     United States to enter into an agreement with the Government 
     of Iraq that would subject members of the Armed Forces of the 
     United States to the jurisdiction of Iraq criminal courts or 
     punishment under Iraq law.
       Sec. 9018. Notwithstanding any other provision of law, the 
     Secretary of the Army may reimburse a member for expenses 
     incurred by the member or family member when such expenses 
     are otherwise not reimbursable under law: Provided, That such 
     expenses must have been incurred in good faith as a direct 
     consequence of reasonable preparation for, or execution of, 
     military orders: Provided further, That reimbursement under 
     this section shall be allowed only in situations wherein 
     other authorities are insufficient to remedy a hardship 
     determined by the Secretary, and only when the Secretary 
     determines that reimbursement of the expense is in the best 
     interest of the member and the United States.

                                TITLE X

        FISCAL YEAR 2006 WILDLAND FIRE EMERGENCY APPROPRIATIONS

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management


                        WILDLAND FIRE MANAGEMENT

       For an additional amount for ``Wildland Fire Management'', 
     $100,000,000, to be available for obligation upon enactment 
     of this Act and to remain available until expended, for 
     wildland fire suppression, emergency rehabilitation 
     activities and for repayment to other appropriation accounts 
     from which funds were transferred on an emergency basis for 
     wildfire suppression: Provided, That the amount provided is 
     designated as an emergency requirement pursuant to section 
     501 of H. Con. Res. 376 (109th Congress) as made applicable 
     to the House of Representatives by H. Res. 818 (109th 
     Congress) and as an emergency requirement pursuant to section 
     402 of S. Con. Res. 83 (109th Congress) as made applicable to 
     the Senate by section 7035 of Public Law 109-234.

                       DEPARTMENT OF AGRICULTURE

                             Forest Service


                        WILDLAND FIRE MANAGEMENT

       For an additional amount for ``Wildland Fire Management'', 
     $100,000,000, to be available for obligation upon enactment 
     of this Act and to remain available until expended, for 
     wildland fire suppression, emergency rehabilitation 
     activities and for repayment to other appropriation accounts 
     from which funds were transferred on an emergency basis for 
     wildfire suppression: Provided, That the amount provided is 
     designated as an emergency requirement pursuant to section 
     501 of H. Con. Res. 376 (109th Congress) as made applicable 
     to the House of Representatives by H. Res. 818 (109th 
     Congress) and as an emergency requirement pursuant to section 
     402 of S. Con. Res. 83 (109th Congress) as made applicable to 
     the Senate by section 7035 of Public Law 109-234.
       This Act may be cited as the ``Department of Defense 
     Appropriations Act, 2007''.
       DIVISION B--CONTINUING APPROPRIATIONS RESOLUTION, 2007
       The following sums are hereby appropriated, out of any 
     money in the Treasury not otherwise appropriated, and out of 
     applicable corporate or other revenues, receipts, and funds, 
     for the several departments, agencies, corporations, and 
     other organizational units of Government for fiscal year 
     2007, and for other purposes, namely:
       SEC. 101. (a) Such amounts as may be necessary under the 
     authority and conditions provided in the applicable 
     appropriations Act for fiscal year 2006 for continuing 
     projects or activities (including the costs of direct loans 
     and loan guarantees) that are not otherwise specifically 
     provided for in this division, that were conducted in fiscal 
     year 2006, and for which appropriations, funds, or other 
     authority would be available in the following appropriations 
     Acts:
       (1) The Agriculture, Rural Development, Food and Drug 
     Administration, and Related Agencies Appropriations Act, 
     2007.
       (2) The Energy and Water Development Appropriations Act, 
     2007 (in the House of Representatives), or the Energy and 
     Water Appropriations Act, 2007 (in the Senate).
       (3) The Foreign Operations, Export Financing, and Related 
     Programs Appropriations Act, 2007 (in the House of 
     Representatives), or the Department of State, Foreign 
     Operations, and Related Programs Appropriations Act, 2007 (in 
     the Senate).
       (4) The Department of Homeland Security Appropriations Act, 
     2007.
       (5) The Department of the Interior, Environment, and 
     Related Agencies Appropriations Act, 2007.
       (6) The Departments of Labor, Health and Human Services, 
     and Education, and Related Agencies Appropriations Act, 2007.
       (7) The Legislative Branch Appropriations Act, 2007.
       (8) The Military Construction, Military Quality of Life and 
     Veterans Affairs Appropriations Act, 2007 (in the House of 
     Representatives), or the Military Construction and Veterans 
     Affairs and Related Agencies Appropriations Act, 2007 (in the 
     Senate).
       (9) The Science, State, Justice, Commerce, and Related 
     Agencies Appropriations Act, 2007 (in the House of 
     Representatives), or the Departments of Commerce and Justice, 
     Science, and Related Agencies Appropriations Act, 2007 (in 
     the Senate).
       (10) The Transportation, Treasury, Housing and Urban 
     Development, the Judiciary, the District of Columbia, and 
     Independent Agencies Appropriations Act, 2007 (in the House 
     of Representatives), or the Transportation, Treasury, Housing 
     and Urban Development, the Judiciary, and Related Agencies 
     Appropriations Act, 2007 (in the Senate) and the District of 
     Columbia Appropriations Act, 2007 (in the Senate).
       (b) Whenever the amount that would be made available or the 
     authority that would be granted for a project or activity 
     under an Act listed in subsection (a) as passed by the House 
     of Representatives as of October 1, 2006, is the same as the 
     amount or authority that would be available or granted under 
     the same or other pertinent Act as passed by the Senate as of 
     October 1, 2006--
       (1) the project or activity shall be continued at a rate 
     for operations not exceeding the current rate or the rate 
     permitted by the actions of the House and the Senate, 
     whichever is lower, and under the authority and conditions 
     provided in applicable appropriations Acts for fiscal year 
     2006; or
       (2) if no amount or authority is made available or granted 
     for the project or activity by the actions of the House and 
     the Senate, the project or activity shall not be continued.
       (c) Whenever the amount that would be made available or the 
     authority that would be granted for a project or activity 
     under an Act listed in subsection (a) as passed by the House 
     of Representatives as of October 1, 2006, is different from 
     the amount or authority that would be available or granted 
     under the same or other pertinent Act as passed by the Senate 
     as of October 1, 2006--
       (1) the project or activity shall be continued at a rate 
     for operations not exceeding the current rate or the rate 
     permitted by the action of the House or the Senate, whichever 
     is lowest, and under the authority and conditions provided in 
     applicable appropriations Acts for fiscal year 2006; or
       (2) if the project or activity is included in the pertinent 
     Act of only one of the Houses, the project or activity shall 
     be continued under the appropriation, fund, or authority 
     granted by the one House, but at a rate for operations not 
     exceeding the current rate or the rate permitted by the 
     action of the one House, whichever is lower, and under the 
     authority and conditions provided in applicable 
     appropriations Acts for fiscal year 2006.
       (d) Whenever the pertinent Act covering a project or 
     activity has been passed by only the House of Representatives 
     as of October 1, 2006--
       (1) the project or activity shall be continued under the 
     appropriation, fund, or authority granted by the House, at a 
     rate for operations not exceeding the current rate or the 
     rate permitted by the action of the House, whichever is 
     lower, and under the authority and conditions provided in 
     applicable appropriations Acts for fiscal year 2006; or
       (2) if the project or activity is funded in applicable 
     appropriations Acts for fiscal year 2006

[[Page 19288]]

     and not included in the pertinent Act of the House as of 
     October 1, 2006, the project or activity shall be continued 
     under the appropriation, fund, or authority granted by 
     applicable appropriations Acts for fiscal year 2006 at a rate 
     for operations not exceeding the current rate and under the 
     authority and conditions provided in applicable 
     appropriations Acts for fiscal year 2006.
       (e) Whenever the pertinent Act covering a project or 
     activity has been passed by neither the House of 
     Representatives nor the Senate as of October 1, 2006, the 
     project or activity shall be continued under the 
     appropriation, fund, or authority granted by applicable 
     appropriations Acts for fiscal year 2006 at a rate for 
     operations not exceeding the current rate and under the 
     authority and conditions provided in applicable 
     appropriations Acts for fiscal year 2006.
       Sec. 102. (a) For purposes of section 101, the pertinent 
     appropriations Acts for fiscal year 2007 covering the 
     activities specified in subsection (c) shall be the Act 
     listed in section 101(a)(8) as passed by the House of 
     Representatives, and H.R.5631 (109th Congress) as passed by 
     the Senate.
       (b) For purposes of section 106(2) and 107, the applicable 
     appropriations Act for fiscal year 2007 covering the 
     activities specified in subsection (c) shall be the Act 
     listed in section 101(a)(8).
       (c) The activities referred to in subsections (a) and (b) 
     are the following activities of the Department of Defense:
       (1) Activities under the ``Basic Allowance for Housing'' 
     accounts, and the basic allowance for housing activities 
     under the ``Military Personnel'' accounts.
       (2) Activities under the ``Facilities Sustainment, 
     Restoration and Modernization'' accounts, and the facilities 
     sustainment, restoration and modernization activities under 
     the ``Operation and Maintenance'' accounts.
       (3) Activities under the ``Environmental Restoration'' 
     accounts.
       (4) Activities under the ``Defense Health Program'' 
     account.
       Sec. 103. Appropriations made by section 101 shall be 
     available to the extent and in the manner that would be 
     provided by the pertinent appropriations Act.
       Sec. 104. No appropriation or funds made available or 
     authority granted pursuant to section 101 shall be used to 
     initiate or resume any project or activity for which 
     appropriations, funds, or other authority were not available 
     during fiscal year 2006.
       Sec. 105. Appropriations made and authority granted 
     pursuant to this division shall cover all obligations or 
     expenditures incurred for any project or activity during the 
     period for which funds or authority for such project or 
     activity are available under this division.
       Sec. 106. Unless otherwise provided for in this division or 
     in the applicable appropriations Act, appropriations and 
     funds made available and authority granted pursuant to this 
     division shall be available until whichever of the following 
     first occurs: (1) the enactment into law of an appropriation 
     for any project or activity provided for in this division; 
     (2) the enactment into law of the applicable appropriations 
     Act by both Houses without any provision for such project or 
     activity; or (3) November 17, 2006.
       Sec. 107. Expenditures made pursuant to this division shall 
     be charged to the applicable appropriation, fund, or 
     authorization whenever a bill in which such applicable 
     appropriation, fund, or authorization is contained is enacted 
     into law.
       Sec. 108. Appropriations and funds made available by or 
     authority granted pursuant to this division may be used 
     without regard to the time limitations for submission and 
     approval of apportionments set forth in section 1513 of title 
     31, United States Code, but nothing in this division may be 
     construed to waive any other provision of law governing the 
     apportionment of funds.
       Sec. 109. Notwithstanding any other provision of this 
     division, except section 106, for those programs that had 
     high initial rates of operation or complete distribution of 
     fiscal year 2006 appropriations at the beginning of that 
     fiscal year because of distributions of funding to States, 
     foreign countries, grantees, or others, similar distributions 
     of funds for fiscal year 2007 shall not be made and no grants 
     shall be awarded for such programs funded by this division 
     that would impinge on final funding prerogatives.
       Sec. 110. This division shall be implemented so that only 
     the most limited funding action of that permitted in the 
     division shall be taken in order to provide for continuation 
     of projects and activities.
       Sec. 111. No provision that is included in an 
     appropriations Act listed in section 101(a), but that was not 
     included in the applicable appropriations Act for fiscal year 
     2006 and by its terms is applicable to more than one 
     appropriation, fund, or authority, shall be applicable to any 
     appropriation, fund, or authority provided in this division.
       Sec. 112. No provision that is included in an 
     appropriations Act listed in section 101(a), and that makes 
     the availability of any appropriation provided therein 
     dependent upon the enactment of additional authorizing or 
     other legislation, shall be effective before the date set 
     forth in section 106(3).
       Sec. 113. Funds appropriated by this division may be 
     obligated and expended notwithstanding section 10 of Public 
     Law 91-672 (22 U.S.C. 2412), section 15 of the State 
     Department Basic Authorities Act of 1956 (22 U.S.C. 2680), 
     section 313 of the Foreign Relations Authorization Act, 
     Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section 
     504(a)(1) of the National Security Act of 1947 (50 U.S.C. 
     414(a)(1)).
       Sec. 114. (a) For entitlements and other mandatory payments 
     whose budget authority was provided in appropriations Acts 
     for fiscal year 2006, and for activities under the Food Stamp 
     Act of 1977, activities shall be continued at the rate to 
     maintain program levels under current law, under the 
     authority and conditions provided in the applicable 
     appropriations Act for fiscal year 2006, to be continued 
     through the date specified in section 106(3) of this 
     division.
       (b) Notwithstanding section 106 of this division, funds 
     shall be available and obligations for mandatory payments due 
     on or about November 1, 2006, and December 1, 2006 may 
     continue to be made.
       Sec. 115. Notwithstanding the second proviso under the 
     heading ``Rental Assistance Program'' in title III of the 
     Agriculture, Rural Development, Food and Drug Administration, 
     and Related Agencies Appropriations Act, 2006 (Public Law 
     109-97), the Secretary of Agriculture is authorized to enter 
     into or renew contracts under section 521(a)(2) of the 
     Housing Act of 1949 for one year.
       Sec. 116. The Secretary of Agriculture shall continue, 
     through the date specified in section 106(3) of this 
     division, the Water and Waste Systems Direct Loan Program 
     under the authority and conditions (including the borrower's 
     interest rate and fees as of September 1, 2006) provided by 
     the Agriculture, Rural Development, Food and Drug 
     Administration, and Related Agencies Appropriations Act, 2006 
     (Public Law 109-97).
       Sec. 117. Section 14704 of title 40, United States Code, 
     shall be applied by substituting the date specified in 
     section 106(3) of this division for ``October 1, 2006''.
       Sec. 118. The authorities provided by sections 2(b)(9) and 
     7 of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(9) 
     and 635f), and section 1 of Public Law 103-428 shall continue 
     in effect through the date specified in section 106(3) of 
     this division.
       Sec. 119. Section 501(i) of H.R. 3425, as enacted into law 
     by section 1000(a)(5) of division B of Public Law 106-113 
     (Appendix E, 113 Stat. 1501A-313), as amended by section 
     591(b) of division D of Public Law 108-447 (118 Stat. 3037), 
     shall continue in effect through the date specified in 
     section 106(3) of this division.
       Sec. 120. In addition to the amounts provided under section 
     101 of this division, amounts obligated in fiscal year 2006 
     from funding provided in section 458(a)(1) of the Higher 
     Education Act (as reduced by the amount of account 
     maintenance fees obligated to guaranty agencies for fiscal 
     year 2006 pursuant to section 458(a)(1)(B) of that Act), 
     shall be deemed to have been provided in an applicable 
     appropriations Act for fiscal year 2006.
       Sec. 121. The authority provided by section 2011 of title 
     38, United States Code, shall continue in effect through the 
     date specified in section 106(3) of this division.
       Sec. 122. The authority provided by section 2808 of Public 
     Law 108-136, as amended by section 2809 of Public Law 109-
     163, shall continue in effect through the date specified in 
     section 106(3) of this division.
       Sec. 123. The authority provided by subsection (a) of 
     section 221of the Veterans Health Care, Capital Asset, and 
     Business Improvement Act of 2003 (Public Law 108-170) shall 
     continue in effect, notwithstanding subsection (d) of that 
     section, through the earlier of (1) the date specified in 
     section 106(3) of this division; or (2) the date of the 
     enactment into law of an authorization Act relating to major 
     medical facility projects for the Department of Veterans 
     Affairs.
       Sec. 124. Title VIII of the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 2005 (Public Law 108-447, division B), 
     shall continue in effect through the date specified in 
     section 106(3) of this division.
       Sec. 125. Funds appropriated by section 101 of this 
     division for International Space Station Cargo Crew Services/
     International Partner Purchases within the National 
     Aeronautics and Space Administration may be obligated in the 
     account and budget structure set forth in the pertinent Acts 
     specified in section 101(a)(9).
       Sec. 126. Except as provided for in section 101(b)(2), 
     amounts made available under section 101 of this division for 
     civilian personnel compensation and benefits in each 
     department and agency may be apportioned up to the rate for 
     operations necessary to avoid furloughs within such 
     department or agency, consistent with enacted appropriations 
     for fiscal year 2006, except that the such authority provided 
     under this section shall not be used until after the 
     department or agency has taken all necessary actions to 
     reduce or defer non-personnel-related administrative 
     expenses.
       Sec. 127. (a) Notwithstanding any other provision of this 
     division, except section 106, the District of Columbia may 
     expend local funds for programs and activities under the 
     heading ``District of Columbia Funds'' for such programs and 
     activities under title V of H.R. 5576 (109th Congress), as 
     passed by the House of Representatives, at the rate set forth 
     under ``District of Columbia Funds, Summary of Expenses'' as 
     included in the Fiscal Year 2007 Proposed Budget and 
     Financial Plan submitted to the Congress by the District of 
     Columbia on June 5, 2006.
       (b) Sections 131 and 132 of division B of Public Law 109-
     115 shall be applied by substituting the date specified in 
     section 106(3) of this division for ``September 30, 2006''.
       Sec. 128. The provisions of title II of the McKinney-Vento 
     Homeless Assistance Act (42

[[Page 19289]]

     U.S.C. 11311 et seq.) shall continue in effect, 
     notwithstanding section 209 of such Act, through the earlier 
     of (1) the date specified in section 106(3) of this division; 
     or (2) the date of the enactment into law of an authorization 
     Act relating to the McKinney-Vento Homeless Assistance Act.
       Sec. 129. Funds appropriated by section 101 of this 
     division for the Internal Revenue Service may be obligated in 
     the account and budget structure set forth in title II of 
     H.R. 5576 (109th Congress), as passed by the House of 
     Representatives.
       Sec. 130. Activities authorized by title V of the 
     Departments of Veterans Affairs and Housing and Urban 
     Development, and Independent Agencies Appropriations Act, 
     1998 may continue through the date specified in section 
     106(3) of this division.
       Sec. 131. Section 255(g) of the National Housing Act (12 
     U.S.C. 1715z-20(g)) is amended by striking ``250,000'' and 
     inserting ``275,000''.
       Sec. 132. Section 403(f) of Public Law 103-356 (31 U.S.C. 
     501 note) shall be applied by substituting the date specified 
     in section 106(3) of this division for ``October 1, 2006''.
       This division may be cited as the ``Continuing 
     Appropriations Resolution, 2007''.
       And the Senate agree to the same.
     Bill Young,
     Dave Hobson,
     Henry Bonilla,
     R.P. Frelinghuysen,
     Todd Tiahrt,
     Roger F. Wicker,
     Jack Kingston,
     Kay Granger,
     Ray LaHood,
     Jerry Lewis,
     J.P. Murtha,
     Norman D. Dicks,
     Martin Olav Sabo,
     Peter J. Visclosky,
     James P. Moran,
     Marcy Kaptur,
     David Obey,
                                Managers on the Part of the House.

     Ted Stevens,
     Thad Cochran,
     Arlen Specter,
     Pete V. Domenici,
     Christopher Bond,
     Mitch McConnell,
     Richard C. Shelby,
     Judd Gregg,
     Kay Bailey Hutchison,
     Conrad Burns,
     Daniel K. Inouye,
     Robert C. Byrd,
     Patrick Leahy,
     Tom Harkin,
     Byron L. Dorgan,
     Dick Durbin,
     Harry Reid,
     Dianne Feinstein,
     Barbara A. Mikulski.
                               Managers on the Part of the Senate.

                      JOINT EXPLANATORY STATEMENT

                               DIVISION A

             DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2007

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate to the bill (H.R. 5631), making 
     appropriations for the Department of Defense for the fiscal 
     year ending September 30, 2007, and for other purposes, 
     submit the following joint statement to the House and the 
     Senate in explanation of the effect of the action agreed upon 
     by the managers and recommended in the accompanying 
     conference report.
       The conference agreement on the Department of Defense 
     Appropriations Act, 2007, incorporates some of the provisions 
     of the House and Senate versions of the bill. Additional 
     items in the Senate bill are expected to be addressed in the 
     Military Construction, Military Quality of Life and Veterans 
     Affairs Appropriations Act, 2007. The language and 
     allocations set forth in House Report 109-504 and Senate 
     Report 109-292 (as they apply to the programs, projects, and 
     activities contained in the accompanying conference report) 
     should be complied with unless specifically addressed in the 
     accompanying conference report and statement of managers to 
     the contrary.
       The Senate amendment deleted the entire House bill after 
     the enacting clause and inserted new language. The conference 
     agreement includes revised language.

              Definition of Program, Project, and Activity

       The conferees agree that for the purposes of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 (Public Law 
     99-177) as amended by the Balanced Budget and Emergency 
     Deficit Control Reaffirmation Act of 1987 (Public Law 100-
     119) and by the Budget Enforcement Act of 1990 (Public Law 
     101-508), the term program, project, and activity for 
     appropriations contained in this Act shall be defined as the 
     most specific level of budget items identified in the 
     Department of Defense Appropriations Act, 2007, the 
     accompanying House and Senate Committee reports, the 
     conference report and accompanying joint explanatory 
     statement of the managers of the Committee of Conference, the 
     related classified annexes and reports, and the P-1 and R-1 
     budget justification documents as subsequently modified by 
     Congressional action. The following exception to the above 
     definition shall apply: for the Military Personnel and the 
     Operation and Maintenance accounts, the term ``program, 
     project, and activity'' is defined as the appropriations 
     accounts contained in the Department of Defense 
     Appropriations Act.
       At the time the President submits his budget for fiscal 
     year 2008, the conferees direct the Department of Defense to 
     transmit to the congressional defense committees budget 
     justification documents to be known as the ``M-1'' and ``O-
     1'' which shall identify, at the budget activity, activity 
     group, and subactivity group level, the amounts requested by 
     the President to be appropriated to the Department of Defense 
     for military personnel and operation and maintenance in any 
     budget request, or amended budget request, for fiscal year 
     2008.

                            Classified Annex

       Adjustments to classified programs are addressed in the 
     classified annex accompanying this report.

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              Reserve Component's Budget Structure Change

       The conferees agree to extend last year's test of a 
     consolidated budget structure for the Reserve Component's 
     military personnel accounts through fiscal year 2007. In 
     order to provide visibility of the movement of funds within 
     the accounts, the conferees direct each of the Reserve 
     Components to provide a quarterly report to the congressional 
     defense committees and the Government Accountability Office 
     (GAO) showing transfers between line items within the 
     military personnel appropriations. The report format will 
     provide separate explanations for all transfers in and out of 
     each appropriation line item that equal, exceed, or cumulate 
     to $5,000,000. Reports will provide a beginning and ending 
     total by line item and will be due 30 days following the end 
     of each quarter. Reserve Component fiscal year 2008 budget 
     requests for military personnel will be submitted using the 
     two budget activity structure.

                  Army National Guard Combat Brigades

       The conferees are concerned about the Department of 
     Defense's proposal to reduce 7 Army combat brigades from the 
     level assumed under previous plans. Most of the change would 
     occur in the Army National Guard's force structure plans; the 
     Guard would field 28 combat brigades instead of 34 proposed 
     previously. The conferees' review of this proposal indicates 
     that the National Guard will have difficulty meeting its 
     force generation and state security requirements with only 28 
     combat brigades. As the Department of the Army continues its 
     examination of combat brigade requirements, the conferees 
     strongly urge that this examination be conducted with the 
     full participation and cooperation of both active and Guard 
     officials at all levels. Moreover, the conferees will closely 
     follow this issue over the coming months and will seek to 
     ensure that sufficient funding is provided to field the 
     number of Guard combat brigades necessary to meet its force 
     generation and state security requirements. As such, the 
     conferees provide additional funding (described in other 
     sections, of this report) to fully fund the Army National 
     Guard authorized end strength level of 350,000 and to 
     purchase additional equipment.

[[Page 19306]]

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[[Page 19307]]

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[[Page 19308]]

     TH25SE06.018
     


[[Page 19309]]

     TH25SE06.019
     


[[Page 19310]]

     TH25SE06.020
     


[[Page 19311]]

     TH25SE06.021
     


[[Page 19312]]

     TH25SE06.022
     


[[Page 19313]]

     TH25SE06.023
     


[[Page 19314]]

     TH25SE06.024
     


[[Page 19315]]

     TH25SE06.025
     


[[Page 19316]]

     TH25SE06.026
     


[[Page 19317]]

     TH25SE06.027
     


[[Page 19318]]

     TH25SE06.028
     


[[Page 19319]]

                          Travel Expenditures

       The conferees wish to ensure that the Department of Defense 
     is making every effort to come into compliance with the 
     Improper Payments Act regarding travel expenditures. The 
     conferees note that the Department has invested significant 
     resources in the Defense Travel System (DTS), which should 
     enable the Department to reduce improper travel payments and 
     accurately report improper payments when they occur. The 
     conferees are concerned that the Department currently reports 
     improper payments on only a portion of its unclassified 
     budget. The conferees therefore direct the Government 
     Accountability Office to assess the reasons why the 
     Department is not fully in compliance with the Improper 
     Payments Act and make recommendations for measures the 
     Department can put in place to comply with the Act. The 
     report should be provided to the congressional defense 
     committees no later than May 31, 2007.

[[Page 19320]]

     TH25SE06.029
     


[[Page 19321]]

     TH25SE06.030
     


[[Page 19322]]

     TH25SE06.031
     
      

[[Page 19323]]

                    Adjustments to Budget Activities

       Adjustments to the budget activities are as follows:

Budget Activity 1: Operating Forces
  250  Lightweight Maintenance Enclosure..........................1,350
  250  Arctic Tent................................................1,100
  250  Modular General Purpose Tent System (MGPTS)--Type III......1,100
  250  Modular Command Post System................................1,650
  400  EAC Support Forces Unjustified Growth....................-23,000
  550  Fort Hood Training Lands Restoration and Maintenance Projec1,100
  550  Small Arms Range Modernization at Camp Edwards, MMR through 
    Bullet Catcher................................................1,000
  550  Water Purification and Distribution Operating Systems......3,250
  550  Madigan Army Medical Center Trauma Readiness...............1,625
  550  Battlefield Mobility Enhancement System....................2,700
  550  Cognitive Air Defense Simulators (CADS)....................1,000
  550  Combat Vehicle Crewman Advanced Combat Helmet..............3,250
  550  Generator Engine Replacement...............................1,000
  550  Insulated Liners for Extended Cold Weather Clothing System, 
    Generation III (ECWCS GEN III)................................2,700
  550  PARC/Multi Brigade Training Requirements..................10,600
  550  USARP AC Deployable C4 Package.............................1,600
  550  USARPAC Core Warfighting Network Infrastructure Critical 
    Requirement...................................................7,000
  550  USARPAC C4 Modularity......................................3,500
  550  Baseline Adjustment for One Time Increase................-17,300
  550  Unjustified Growth for Unit Mission Communication Support-16,000
  600  Combat Development Core Unjustified Growth...............-15,000
  600  Golden Hour Technology Containers..........................4,500
  600  Ground-forces Readiness for Advanced Tactical Vehicles (GRE1,950
  600  Information Assurance Vulnerability Alert (IAVA) Cell-PM 
    Logistics Information Systems.................................1,350
  600  Tracking Reusable Assets for Contingency and Emergency Resp3,600
  600  Alaska Land Mobile Radio (ALMR) (Moved to O&M, Air Force).....--
  600  ALCOM Communications Infrastructure Diversity and Survivabili500
  650  UH-60 Leak Proof Transmission Drip Pans....................1,100
  650  Depot Maintenance Peace Time Work Load Adjustment.......-330,000
  750  Multi-purpose Parade Field, Fort Benning (moved to O&M, Defense 
    Wide)............................................................--
  750  Service Wide Safety: Alcohol Breath Detectors..............2,500
  750  Connect and Join...........................................1,000
  750  Bryant Army Airfield Clear Zone Waiver.....................3,000
  750  FGA Fire Suppression System................................1,200
  750  Army Conservation & Ecosystem Management...................3,000
  750  Fort Knox Godman Airfield Improvements for Air Surveillance 
    Radar (moved from Other Procurement, Army)....................2,150
  750  Base Support Increase.....................................50,900
  950  WMD-CST Team For Florida...................................1,000
  950  WMD-CST Team For New York....................................700
Budget Activity 2: Mobilization
  1200  Quadruple Specialty Containers............................2,700
  1200  Baseline Adjustment for One Time Increase................-3,000
Budget Activity 3: Training and Recruiting
  1650  Early Commissioning Program at Military Junior Colleges...3,050
  1650  Air Battle Captain........................................1,300
  1650  Baseline Adjustment for One Time Increase................-2,000
  1850  DLIFLC Global Studies Program.............................1,000
  1850  Operational Technical Training Validation Testbed.........1,950
  1850  Military Surgeon Training Initiative for Special Operations 
    Combat Medic Training Program.................................1,000
  1850  Special Operations Training and Exercises.................1,000
  1850  Military Police Training at the Multi-Jurisdictional Counter-
    Drug Task Force Training (MCTFT)..............................2,000
  1850  Virtual Interactive Training and Assessment System (VITAS)1,440
  1850  SUS of Florida Critical Language Instruction for Military 
    Personnel, Education, Training, Distance Learning and Laboratories 
    Project.......................................................1,200
  1850  DLI--Language Laboratory Acquisition......................1,850
  1850  Baseline Adjustment for One Time Increase...............-14,800
  1950  Leadership for Leaders at CGSC/CAL and KSU................1,000
  2000  Live Training Instrumentation for Air Missile Defense Unit1,350
  2000  Army Distributed Learning System..........................1,000
  2000  Baseline Adjustment for One Time Increase................-6,100
  2300  USARAK Online Technology Training Project.................1,000
  2300  Baseline Adjustment for One Time Increase................-3,400
  2350  Affordability Adjustment for New Initiative..............-6,500
  2400  Spirit of America Youth Conference for Junior ROTC Cadets...360
Budget Activity 4: Administration and Service-Wide Activities
  2650  Advanced Persistent Surveillance Sensors (UGS)............1,000
  2650  Citadel Base Security.......................................500
  2650  Classified Adjustment....................................18,750
  2650  Baseline Adjustment for One Time Increase................-2,100
  2800  Army Battery Management Program Utilizing Pulse Technology2,600
  2800  Unjustified Transfer Adjustment.........................-15,500
  2800  Baseline Adjustment for One Time Increase................-4,200
  2850  Sense and Respond Logistics Capability....................2,000
  2850  Decision Support for Predictive Logistics.................2,000
  2850  Army Software License Clearinghouse Program (ASLCP).......1,000
  2850  TACOM Life Cycle Management Command Integrated Digital 
    Environment Pilot Program.....................................1,300
  2850  Joint Army/USMC Autonomic and Focused Logistics Integration/
    Modeling Support..............................................1,000
  2850  Theater Enterprise Wide Logistics System (TEWLS)..........1,000
  2850  Common Logistics Operating Environment (CLOE); Condition-Based 
    Maintenance (CBM+)............................................3,250
  2850  Corrosion Prevention and Control Program..................1,800
  2850  Baseline Adjustment for One Time Increase...............-13,500
  3050  Future Business System...................................-4,900
  3050  General Fund Enterprise Business System.................-27,600
  3100  National Security Personnel System Delayed Implementation-3,000
  3200  Combat Readiness Center Unjustified Growth..............-10,000
  3200  Public Affairs Unjustified Growth........................-8,400
  3200  Memorial Day..............................................1,400

[[Page 19324]]

  3200  Army Center for Military History to Support a Traveling Exhibit 
    on Military Experience in World War II (from Senate Sec. 8121)..500
Undistributed:
  3730  Repairs at Ft. Baker......................................2,000
  4100  Administration and Servicewide Activities...............-50,000
  4139  Unobligated Balances...................................-125,000
  4140  Peace Time Training Offset.............................-180,000

            Special Operations Combat Medic Training Program

       The conferees are concerned by a decision made by the 
     United States Army Special Operations Command (USASOC) to 
     abruptly terminate its partnership with one of three 
     facilities participating in the Special Operations Combat 
     Medic (SOCM) training program, notwithstanding recent 
     commendation for the facility's continued support of the 
     program. The conferees believe this decision may be unfounded 
     and hastily made without substantive justification. 
     Furthermore, it eliminates from the SOCM program the unique, 
     individualized, hands-on training offered by this facility. 
     The conferees believe this program has been critical to force 
     protection and is vital to war-fighters currently engaged in 
     hostile environments abroad. The conferees encourage USASOC 
     to continue the Special Operations Medic Training Program at 
     all three facilities, and to do so in a manner consistent 
     with the previous two fiscal years, so as to continue 
     providing our troops with capable and skilled Special 
     Operations medics.

[[Page 19325]]

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[[Page 19326]]

     TH25SE06.033
     


[[Page 19327]]

     TH25SE06.034
     
      

[[Page 19328]]

                    Adjustments to Budget Activities

       Adjustments to the budget activities are as follows:

Budget Activity 1: Operating Forces
  4450  Flying Hour Reduction...................................-22,000
  4560  Knowledge Management Decision Support System..............3,250
  4650  Navy Enterprise Resource Planning Unjustified Growth.....-5,000
  4650  Low Observability Coatings and Materials Maintenance Progr1,000
  4650  Naval Aviation Depot Support of the Fleet Response Plan...1,000
  4650  F/A-18 C/D Filament-wound External Fuel Tank Refurbishment 
    Program.......................................................1,000
  4650  CAT & RADCOM Test Program Sets............................1,500
  4850  Restore Steaming Days to 51 days per quarter............121,000
  4850  Man Overboard Safety System Installation and Maintenance..2,500
  4850  One Time Adjustment for Baseline Increase...............-19,000
  4900  Intelligent Graphic Data Distribution Training (moved to Other 
    Procurement, Navy)................................................-
  4900  Intelligent Graphic Interface for Submarines (moved to Other 
    Procurement, Navy)................................................-
  5000  Ship Depot Maintenance Increase.........................100,000
  5000  Excess Carryover Adjustment.............................-10,600
  5050  Improved Engineering Design Process.......................1,800
  5050  Surface Ship Operations Depot Support Affordability Adju-30,000
  5450  Operational Meteorology and Oceanography..................4,100
  5450  Center of Excellence for Disaster Management and Humanitarian 
    Assistance (COE)..............................................3,500
  5450  APRI......................................................8,000
  5500  Joint POW/MIA Accounting Command..........................4,000
  5500  Manual Reverse Osmosis Desalinator........................1,000
  5500  JFCOM Program Growth....................................-30,000
  5900  Peace Time System Support Offset........................-44,800
  5950  Mk 45 Mod 5 Gun Depot Overhauls..........................10,900
  6220  Growth in Base Operating Support........................-50,000
  6220  Navy Shore Infrastructure Transformation..................2,300
  6220  Advanced Technology to Reduce Vulnerability of Military 
    Installations (moved to RDT&E, Navy)..............................-
  6220  Service-Wide Safety: Alcohol Breath Detectors.............2,000
  6220  PMRF Flood Control........................................1,600
Budget Activity 3: Training and Recruiting
  7000  Naval ROTC Aquatic Skills Facility..........................500
  7200  Joint Electronic Warfare Training.........................1,000
  7200  Virtual Interactive Training and Assessment System (VITAS)1,000
  7300  Naval Postgraduate School Computer and Laboratory Upgrades8,000
  7300  Naval Postgraduate School Center CDTEMS...................3,250
  7300  Mobile Distance Learning..................................1,200
  7550  Naval Sea Cadet Corps Operational Funding...................300
  7550  Physical Security at Navy Recruiting Stations (from Senate Sec. 
    8158).........................................................1,000
  7600  Continuing Education Distance Learning continuation of fiscal 
    year 2005 program.............................................1,000
  7600  COMPASS.....................................................300
Budget Activity 4: Administration and Service-Wide Activities
  8000  FYDP Improvement Project Unjustified Growth..............-9,500
  8000  Naval Force Composition Transformation Analysis Unjustified 
    Growth.......................................................-3,000
  8000  Defense Small Business Technology and Readiness Resource 
    (DSTARR)......................................................1,300
  8000  Growth in Administration................................-17,500
  8250  Navy Marine Corps Intranet (NMCI) Unjustified Growth....-40,000
  8250  Joint Information Technology Center (JITC)................1,000
  8500  RFID SMART Container......................................1,000
  8550  Navy Ashore Vision for 2030 Unjustified Growth...........-2,000
  8550  Growth in Relocation Studies.............................-5,000
  8600  The DON CIO Critical Infrastructure Protection Program....1,000
  8700  Diagnosis and Prognostication of Gas Turbine Problems.......750
  8700  Systems Engineering Program Growth.......................-5,000
  9000  Local Situational Assessment Segment, NAS Lemoore.........1,000
  9000  NCIS Affordability Adjustment............................-7,000
Undistributed:
  9570  Civilian Pay Overstatement..............................-88,300
  9615  Unobligated Balances....................................-67,300
  9620  Peace Time Training Offset.............................-215,000
  9660  National Security Personnel System Delayed Implementation-1,000

[[Page 19329]]

TH25SE06.035



[[Page 19330]]

TH25SE06.036



[[Page 19331]]

                    Adjustments to Budget Activities

       Adjustments to the budget activities are as follows:

Budget Activity 1: Operating Forces
  10050  On-the-Move Individual Water Purification System.........1,650
  10050  Modular General Purpose Tent System (MGPTS)--Type III....1,650
  10050  Marine Corps Flame Resistant Contact Glove...............1,500
  10050  Modular Military Steel Traction Combat Snowshoe..........1,000
  10050  Hardened Fluorescent Stringable Tent Lighting System.....3,000
  10050  Peace Time Training Offset.............................-43,500
  10050  Baseline Adjustment for One Time Increase..............-30,300
  10050  Cold Weather Layering System (CWLS)......................1,800
  10050  Command Post--Large Tactical Shelter.....................1,000
  10050  Individual Water Purifier System.........................2,275
  10050  Marine Advanced Combat Garments..........................2,600
  10050  Marine Corps Base Layer/Cold Weather Clothing & Equipment 
    Program.......................................................1,000
  10050  Hemostatic Agent.........................................1,300
  10100  Ultra Lightweight Camouflage System (ULCANS).............3,000
  10100  Corrosion Prevention and Control Program.................1,800
  10100  Baseline Adjustment for One Time Increase...............-7,600
  10150  Depot Maintenance Peace Time Work Load Adjustment......-23,000
  10170  Maritime Prepositioning Force............................1,000
  10170  Advanced Vapor Corrosion Inhibitor Delivery System.......1,300
  10260  Airborne UXO Survey Technologies to Support Range 
    Modernization at 29 Palms.....................................1,600
  10260  MAGTFTC Range Transformation Initiative.................17,600
  10260  Communications Upgrade MBH...............................3,200
  10260  Baseline Adjustment for One Time Increase...............-8,800
Budget Activity 3: Training and Recruiting
  11300  ROTC Programs..............................................400
Undistributed:
  12070  Unobligated Balances....................................-3,000

[[Page 19332]]

TH25SE06.037



[[Page 19333]]

TH25SE06.038



[[Page 19334]]

TH25SE06.039



[[Page 19335]]

                    Adjustments to Budget Activities

       Adjustments to the budget activities are as follows:

Budget Activity 1: Operating Forces
  12600  MBU 20/P Oxygen Mask with Mask Light.....................1,750
  12600  Aircrew Life Support Equipment...........................1,800
  12600  Self-Inflating, Open Cell Foam Quick Don Anti-Exposure Su4,800
  12600  Baseline Adjustment for One Time Increase..............-43,800
  12600  Unjustified Growth....................................-116,100
  12700  Cybersecurity Defend and Attack Exercises (CIAS initiative)200
  12750  Joint Modular Ground Targets & Urban CAS Site..............100
  12750  Baseline Adjustment for One Time Increase..............-17,700
  12755  ALCOM Communications Infrastructure Diversity and 
    Survivability (A WOS).........................................1,000
  12775  Accelerated Insertion of Advanced Materials and Certification 
    for Military Aircraft Structure Material Substitution and Repa1,100
  12775  Advanced Inspection Techniques and Analysis Methods for Multi-
    layer Structures and Widespread Fatigue Damage in Aging Military 
    Aircraft......................................................1,100
  12775  F-16 Avionics Intermediate Shop Depot Replacement........5,500
  12850  Civilian Payment Overstatement........................-100,000
  12850  Expert Organizational Development System (EXODUS)........1,600
  12850  Mission Critical Power System Reliability Surveys........1,000
  12850  Eielson AFB Utilidor.....................................8,000
  12850  Operational Upgrades--Bldg 9480.........................10,000
  12850  EAFB Fighter Town Enhancements/Transition...............12,700
  12850  Electrical Distribution Upgrade at Hickam................8,500
  12850  PACAF C-17 Beddown..........................................65
  13050  Baseline Adjustment for One Time Increase...............-7,800
  13050  Baseline Adjustment for One Time Increase...............-1,700
  13100  Contaminant Air Processing System........................1,000
  13100  Enhanced Situational Awareness and Analyses of Geospatial 
    Enterprise Infrastructure.....................................1,600
  13100  Red Flag AK CW/STO Integration...........................9,600
  13100  Red Flag AK PARC Upgrades...............................51,000
  13100  Alaska Land Mobile Radio (ALMR) (moved from O&M, Army)...6,000
  13100  Baseline Adjustment for One Time Increase..............-11,500
  13150  PACAF and USAFE Geospatial Information and Services........500
  13550  National Security Space Institute-AFSPC..................1,650
  13600  Vandenberg AFB Missile Defense Static Display..............175
Budget Activity 2: Mobilization
  13850  Baseline Adjustment for One Time Increase..............-20,400
  14050  PACAF C-17 Beddown.......................................2,000
Budget Activity 3: Training
  14300  Center for Space & Defense Studies-United States Air Force 
    Academy.........................................................500
  14450  United States Air Force Academy, Static Display Rehabilitation 
    and Lighting....................................................800
  14650  USAF Undergraduate Combat System Officer Trainer.........1,600
  14700  National Space Studies Center Study......................1,000
  14700  Homeland Defense PhD Program-Naval Postgraduate School...1,900
  14750  Engineering Knowledge and Training Preservation System...1,000
  14750  AFIT Advanced Tech Intelligence Center (ATIC) for Workforce 
    Development...................................................1,950
  14750  Baseline Adjustment for One Time Increase...............-2,850
  15100  Online Technology Training Program--Nellis Air Force Base1,000
  15100  Online Technology Training Program--MacDill AFB..........1,600
Budget Activity 4: Administration and Service-Wide Activities
  15350  Air Operations Combat Support............................3,000
  15350  Center for Parts Configuration Management (CPCM).........1,300
  15350  Manufacturing Technical Assistance and Production Program1,000
  15350  Hickam AFB Alternative Fuel Vehicle Program..............2,700
  15350  Baseline Adjustment for One Time Increase..............-10,150
  15400  Expand Rapid Retargeting Training and Services at WRALC..1,950
  15400  Engine Health Management Data Repository Center..........2,200
  15400  Baseline Adjustment for One Time Increase...............-2,400
  15950  Air Force Data Conversion (only for AFRPA BRAC support)..3,200
  15950  Air Force Financial Management (FM) Transformation Progra4,300
  15950  Baseline Adjustment for One Time Increase...............-5,100
  16000  Demonstration Project for Contractors Employing Persons with 
    Disabilities..................................................2,000
  16000  Baseline Adjustment for One Time Increase...............-2,750
  16050  Civil Air Patrol Corporation.............................4,000
  16100  Air Force Enterprise Desktop Computer Information Assuran1,000
  16250  Classified Adjustment....................................1,150
Undistributed:
  16630  Unobligated Balances..................................-108,000
  16808  Peace Time Flying Hours Adjustment....................-400,000
  16870  National Security Personnel System Delayed Implementatio-5,000
  16899  Excess O&M funding Based On Prior Year Execution......-200,000

[[Page 19336]]

TH25SE06.040



[[Page 19337]]

TH25SE06.041



[[Page 19338]]

                    Adjustments to Budget Activities

       Adjustments to the budget activities are as follows:

                       [In thousands of dollars]

Budget Activity 1: Operating Forces
  17050  TIS--Program Growth....................................-10,000
  17050  TIS--BA Realignment...................................-303,923
  17050  TIS--Gamma Radiation Detection Systems (GaRDS)...........7,600
  17100  SOCOM--Militarized ATV...................................1,600
  17100  SOCOM--Warrior Wellness Pilot Program....................1,500
  17100  SOCOM--BA Realignment.................................-194,500
  17100  SOCOM--Civil Affairs and PSYOPS (Realignment to Army Re-27,521
  17100  SOCOM--Flight Operations for GWOT......................-25,960
  17100  SOCOM--Unjustified Growth in Management Headquarters...-10,000
Budget Activity 2: Mobilization
  17250  DLA--BA Realignment.....................................50,497
Budget Activity 3: Training and Recruiting
  17480  DHRA--BA Realignment....................................33,089
  17610  NDU--Center for Excellence in Educational Technology (CEE1,400
  17610  NDU--NSEP...............................................-2,500
  17610  SOCOM--Realignment to Budget Activity 3................129,241
Budget Activity 4: Admininstration and Service-Wide Activities
  17750  CMP--STARBASE Program....................................2,000
  17750  CMP--NG Youth Challenge CPR Initiative...................1,000
  17750  CMP--NG Youth Challenge--CA..............................1,600
  17750  CMP--National Guard Youth Challenge Program.............12,000
  17750  CMP--IRT.................................................8,000
  17790  DBTA--DIMHRS--Transfer to RDDW, Line 101...............-30,000
  17790  DBTA--DIMHRS.............................................1,650
  17815 DISA--Affordability Adjustment for Program Growth.......-30,000
  17830  DLA--Procurement Technical Assistance Program............7,000
  17830  DLA--Commercial Technologies for Maintenance Activities..5,200
  17830  DLA--Meals Ready to Eat (MREs) War Reserve Stockpile.....5,000
  17830  DLA--Defense Automatic Addressing System Center (DAASC) 
    Transaction Monitoring Improvement Project....................1,000
  17830  DLA--BA Realignment....................................-50,497
  17830  DLA--Center for Supply Chain Management..................8,000
  17880  DODEA--Public Service Advertising Campaign--FAP..........1,000
  17880  DODEA--Institute for Exploration (IFE)...................1,000
  17880  DODEA--SOAR Virtual School District......................5,000
  17880  DODEA--Cyber Curriculum for the Education of Children of the 
    Miltary.......................................................1,000
  17880  DODEA--JASON Foundation..................................1,000
  17880  DODEA--Lewis Center for Education Research...............3,200
  17880  DODEA--Mathematics and Technology Teachers Development...1,000
  17880  DODEA--Parents as Teachers...............................1,000
  17880  DODEA--Community-based Mental Health Assistance to Guard and 
    Reserve (from Senate Section 8157)............................3,000
  17880  DODEA--Reach Out and Read Early Literacy Program.........1,100
  17900 DIIRA--BA Realignment...................................-33,089
  17900  DHRA--Defense Critical Languages and Cultures Program....1,000
  17900  DHRA--National Foreign Language Coordination Council.....1,000
  17900  DHRA--Strategic Language Initiative......................1,000
  18050  DSS--PSI for Industry....................................8,000
  18100  OEA--Citizen Soldier Support Program.....................5,000
  18100  OEA--Arnold Heights Redevelopment........................1,000
  18100  OEA--Norton AFB--Infrastructure Improvements.............6,400
  18100  OEA--Norton AFB--High Ground Water/Liquefaction Mitgation and 
    Economic Redevelopment........................................1,000
  18100  OEA--George AFB--Infrastructure Improvements............ 2,400
  18100  OEA--Davids Island--Fort Slocum Remediation..............9,000
  18100  OEA--Delaware Valley Continuing Education Initiative for 
    National Guard and Reserves.....................................500
  18100  OEA--Hunters Point Naval Shipyard........................4,800
  18100  OEA--Military Intelligence Service Historic Learning Cent1,000
  18100  OEA--Port of Philadelphia................................1,000
  18100  OEA--Thorium/Magnesium Excavation........................1,000
  18100  OEA--Institutional and Infrastructure Development Assistance 
    for HSIs......................................................2,300
  18100  OEA--Multi-purpose Parade Field, Fort Benning (transferred 
    from OM,A)....................................................5,000
  18100  OEA--Fort Wainwright Eielson AFB Track Realignment......12,000
  18100  OEA--Northern Line Extension, AK RR......................4,000
  18100  OEA--Intermodal Marine Facility--Port of Anchorage......10,000
  18100  OEA--Fort Belvoir Road Study (from Senate Section 8149)..2,000
  18125 OSD--Military Voter Registration System.....................600
  18125 OSD--Critical Language Training: SDSU.....................1,000
  18125 OSD--Middle East Regional Security Issues Program.........1,400
  18125 OSD--Minority Contract Enhancement Program................1,700
  18125 OSD--Foreign Disclosure On-Line Training, Education, and 
    Certification.................................................1,000
  18125 OSD--Women's Campaign International.......................1,500
  18125 OSD--Wind Demonstration Project...........................5,000
  18125 OSD--Virtual Reality-Based Military Training System.......1,000
  18125 OSD--Military Critical Technologies Program--Transfer to RDDW, 
    Line 122.....................................................-2,000
  18150  SOCOM--Service-Wide Safety: Alcohol Breath Detectors.......500
  18150  SOCOM--Realignment to Budget Activity 4.................65,259
  18200  TIS--BA Realignment....................................303,923
  18225 WHS--Program Growth.....................................-20,000
Undistributed:
  19010 Impact Aid...............................................30,000
  19015 Impact Aid for Children with Disabilities.................5,000
  19020 Classified Programs.....................................-15,870
  19045 Unobligated Balances...................................-108,000
  19080 Special Assistance to Local Education Agencies............8,000
  19142 Armed Forces Medical and Food Research....................1,430
  19147 Institute for National Security Analysis..................1,000
  19165 Compatible Use Buffer Program............................20,000

                        Defense Security Service

       The conference agreement provides $8,000,000 above the 
     budget request for the Defense Security Service (DSS) to 
     assist in the timely processing of industry Personnel 
     Security Investigations. The conferees expect the Department 
     of Defense to resolve the budgetary problems facing the DSS 
     and to report to the congressional defense committees on 
     plans to more accurately build future DSS budget submissions 
     not later than 90 days after enactment of this Act.

       Depleted Uranium Sensing and Treatment for Removal Program

       The conferees understand depleted uranium is critical for 
     use in applications such as armor penetrators and armor 
     plates, providing a substantial performance advantage over 
     other materials. Depleted uranium, however, is a low-level 
     radioactive heavy metal and concerns exist about potential

[[Page 19339]]

     health effects from its use in military operations. The 
     conferees appreciate Department of Defense efforts in 
     developing methods for depleted uranium contamination removal 
     and are aware of the Depleted Uranium Sensing and Treatment 
     for Removal program. The conferees direct the Department to 
     provide an assessment of the Depleted Uranium Sensing and 
     Treatment for Removal program to the congressional defense 
     committees no later than December 31, 2006, which addresses 
     current research and development efforts, progress to date 
     and merits of the program.

                               Thanks USA

       The ThanksUSA Program provides post-secondary scholarships 
     for the spouses and dependents of active duty military 
     personnel. The conferees believe this is a commendable model 
     of public-private partnerships and fully support the 
     educational and retention objectives of this program. The 
     conferees encourage ThanksUSA to continue to develop sources 
     of private and matching funding for this worthwhile cause to 
     ensure future scholarship availability for these deserving 
     military family members.

                             Oil Refineries

       When making public contract announcements regarding the 
     refining of fuel by U.S. companies, the U.S. Department of 
     Defense should not provide the name of the country for which 
     the fuel is being refined or the location of the facility 
     that will refine the fuel.

              Personnel Identification and Authentication

       The conferees recognize the criticality of controlling 
     access to our military installations. It is imperative for 
     force protection and the security of our facilities that only 
     those individuals with legitimate need and proper 
     identification should gain access to installations. The 
     conferees are aware of various initiatives across the 
     Department of Defense to employ systems that provide for 
     authentication of identification credentials at installation 
     gates. Such systems have been developed by both the private 
     sector and DoD components. In order to ensure that the 
     Department takes a coherent approach that delivers best value 
     solutions for this important force protection role, the 
     conferees expect DoD and the services to develop a 
     comprehensive set of requirements to use as the basis for 
     full and open competition.

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[[Page 19341]]

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[[Page 19342]]

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[[Page 19347]]

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[[Page 19348]]

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[[Page 19349]]

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[[Page 19350]]

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[[Page 19351]]

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[[Page 19352]]

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[[Page 19353]]

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[[Page 19354]]

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[[Page 19355]]

                          Air Defense Mission

       The conferees support having the 144th Fighter Wing of the 
     Air National Guard perform the air defense mission over the 
     southwestern sector of the United States and the Air Defense 
     Main Operating Base located in Fresno, California. The 
     conferees understand that this is the only dedicated air 
     defense fighter wing in the southwest and that the Air Force 
     has no replacement aircraft scheduled for the 144th Fighter 
     Wing after fiscal year 2012. The conferees direct the 
     Secretary of the Air Force to submit a report to the 
     congressional defense committees outlining a plan for an air 
     defense mission that continues this capability for the 144th 
     Fighter Wing using the Air Defense Main Operating Base in 
     Fresno beyond fiscal year 2012.

          UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

       The conference agreement provides $11,721,000 for the 
     United States Court of Appeals for the Armed Forces.

             OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

       The conference agreement provides $63,204,000 for Overseas 
     Humanitarian, Disaster, and Civic Aid.

              FORMER SOVIET UNION THREAT REDUCTION ACCOUNT

       The conference agreement provides $372,128,000 for the 
     Former Soviet Union Threat Reduction Account.

[[Page 19356]]

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[[Page 19357]]

                         Special Interest Items

       Items for which additional funds have been provided as 
     shown in the project level tables or in paragraphs using the 
     phrase ``only for'' or ``only to'' in this report are 
     congressional interest items for the purpose of the Base for 
     Reprogramming (DD 1414). Each of these items must be carried 
     on the DD Form 1414 at the stated amount, specifically 
     addressed in the conference report. These items remain 
     special interest items whether or not they are repeated in a 
     subsequent conference report.

            Reprogramming Guidance for Acquisition Accounts

       The conferees direct the Department of Defense to continue 
     to follow the reprogramming guidance specified in the report 
     accompanying the House version of the fiscal year 2006 
     Department of Defense Appropriations bill (H.R. 109-119). 
     Specifically, the dollar threshold for reprogramming funds 
     will remain at $20,000,000 for procurement, and $10,000,000 
     for research, development, test and evaluation. The 
     Department shall continue to follow the limitation that prior 
     approval reprogrammings are set at either the specified 
     dollar threshold or 20% of the procurement or research, 
     development, test and evaluation line, whichever is less. 
     These thresholds are cumulative. Therefore, if the combined 
     value of transfers into or out of a procurement (P-l) or 
     research, development, test and evaluation (R-l) line exceeds 
     the identified threshold, the Department of Defense must 
     submit a prior approval reprogramming to the congressional 
     defense committees. In addition, guidelines on the 
     application of prior approval reprogramming procedures for 
     congressional special interest items are established 
     elsewhere in this report.

                  Reprogramming Reporting Requirements

       The conferees direct the Under Secretary of the Department 
     of Defense, Comptroller, to continue to provide the 
     congressional defense committees quarterly, spreadsheet-based 
     DDl416 reports for service and defense-wide accounts in 
     titles III and IV of this Act as required in the statement of 
     the managers accompanying the Conference report on the 
     Department of Defense Appropriations Act, 2006.

                           Funding Increases

       The conferees direct that the funding increases outlined in 
     these tables shall be provided only for the specific purposes 
     indicated in the table.

                       National Guard Procurement

       The conferees agree that there is a substantial shortfall 
     in equipment stocks for the National Guard, and that this 
     shortfall is detrimental to Guard units being able to meet 
     their dual-role mission of supplementing active duty forces 
     overseas as well as responding to emergencies at home. The 
     conferees are concerned that equipment budgeted annually for 
     the National Guard could be died to other budget areas and 
     nonReserve units, and therefore direct the Department of 
     Defense to submit to the congressional defense committees not 
     later than nine months after the enactment of this Act, a 
     report on how the Department has obligated funds and provided 
     the equipment designated for the National Guard in the budget 
     submission and accompanying justification materials.

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[[Page 19359]]

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[[Page 19360]]

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[[Page 19361]]

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[[Page 19373]]

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[[Page 19374]]

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[[Page 19375]]

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[[Page 19376]]

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[[Page 19377]]

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[[Page 19378]]

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[[Page 19379]]

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[[Page 19383]]

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[[Page 19384]]

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[[Page 19385]]

             Container Roll In--Roll Out Platform (M3 CROP)

       The conferees strongly urge the Secretary of the Army to 
     allocate sufficient funding from amounts available under this 
     heading to ensure the continuation of the program to procure 
     the Container Roll In--Roll Out Platform (M3 CROP) in order 
     to expedite logistical support to the warfighter.

[[Page 19386]]

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[[Page 19387]]

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[[Page 19388]]

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[[Page 19389]]

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[[Page 19390]]

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[[Page 19393]]

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[[Page 19394]]

                            MK-46/MK-54 Mods

       The conferees agree to provide $85,905,000 for MK-46/MK-54 
     Mods. This is a reduction of $15,000,000 below the budget 
     request due to fluctuating procurement quantities. The 
     conferees understand that this funding will be sufficient to 
     procure 160 MK-54 torpedo kits. The conferees are concerned 
     about the inconsistent annual procurement quantities for this 
     important program over the current Future Years Defense Plan. 
     The conferees encourage the Navy to review this over the 
     coming year and consider a more consistent annual rate, to 
     provide manufacturing stability and lower unit costs.

[[Page 19395]]

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[[Page 19396]]

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[[Page 19397]]

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[[Page 19398]]

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[[Page 19399]]

     TH25SE06.097
     
      

[[Page 19400]]

                            DDG-1000 Program

       The conferees agree to provide $2,568,111,000 for the DDG-
     1000 (formerly DDX) Destroyer Program, and agree to delete 
     language proposed by the House requiring full funding of a 
     single lead ship. The effect of the conference agreement 
     would allow the Navy to split fund twin lead ships of the 
     DDG-1000 class, if authorized in separate legislation by the 
     Congress. This action is being taken based upon the 
     expectation that the total cost of these two ships is well 
     understood and low risk. The conferees are willing to make 
     this one-time exception to the full funding principle because 
     of the unique situation with the shipbuilding industrial base 
     and with the DDG-1000 program. The conferees will not 
     entertain future requests to fund ships other than under the 
     full funding principle, except for those historically funded 
     in this manner (aircraft carriers and some large deck 
     amphibious ships).
       The unusual procurement of twin lead ships raises the risk 
     that future design changes or production problems will impact 
     two ships under construction simultaneously. This could raise 
     costs significantly compared to other lead ship programs. 
     However, the Navy believes the cost and schedule risk in the 
     DDG-1000 program is low enough to permit the twin lead ship 
     acquisition strategy. The Navy has identified the total cost 
     to procure the twin lead ships of the DDG-1000 class as 
     $6,582,200,000. The conferees insist that the Navy manage 
     this program within that total cost, and will be unlikely to 
     increase funding through a reprogramming or an additional 
     budget request except in the case of emergency, natural 
     disaster, or other impact arising from outside the Navy's 
     shipbuilding program.

                            Ship Insulation

       The conferees understand that the insulation material 
     currently under consideration for use in future ships has not 
     been fully evaluated for safety. The conferees believe that 
     any new materials should be at least as safe as those 
     materials currently in use and recommend that insulating 
     materials that do not meet the weight, smoke generation, 
     toxicity and other safety criteria should not be used in ship 
     construction.

             Completion of Prior Year Shipbuilding Programs

       The conference agreement provides $512,849,000 for the 
     completion of prior year shipbuilding programs. The reduction 
     of $65,000,000 from the budget estimate shall be allocated as 
     shown below:

----------------------------------------------------------------------------------------------------------------
                                                                                Conference
                        Program                           Budget estimate       agreement          Reduction
----------------------------------------------------------------------------------------------------------------
CVN-77.................................................       $348,400,000       $318,400,000       -$30,000,000
LPD-20.................................................         65,049,000         60,049,000         -5,000,000
LPD-23.................................................         22,400,000         17,400,000         -5,000,000
SSN-775................................................         25,000,000         20,000,000         -5,000,000
SSN-777................................................         48,000,000         28,000,000        -20,000,000
----------------------------------------------------------------------------------------------------------------


[[Page 19401]]

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[[Page 19411]]

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[[Page 19412]]

                    Weapons Range Support Equipment

       The reduction of $1,665,000 in this program element deletes 
     funding for the East Coast Undersea Warfare Training Range 
     (USWTR). The House had proposed no funding for this project. 
     None of the reduction is to be allocated against the Southern 
     California ASW Range (SOAR) or the Barking Sands Underwater 
     Range Expansion (BSURE) projects. In addition, the conferees 
     direct that no fiscal year 2007 or prior year funding be 
     obligated for the East Coast USWTR project except for 
     activities directly associated with the National 
     Environmental Policy Act (NEPA) process. The conferees 
     further direct the Navy to clearly identify funding for the 
     East Coast USWTR in future budget submissions.

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[[Page 19414]]

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[[Page 19415]]

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[[Page 19416]]

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[[Page 19417]]

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[[Page 19418]]

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[[Page 19419]]

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[[Page 19420]]

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[[Page 19421]]

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[[Page 19422]]

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[[Page 19423]]

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[[Page 19424]]

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[[Page 19425]]

                          Joint Strike Fighter

       The conference agreement provides $480,000,000 in Aircraft 
     Procurement, Air Force, for the procurement of 2 conventional 
     take-off and landing (CTOL) variant F-35 Joint Strike 
     Fighters in fiscal year 2007. In addition, $94,000,000 is 
     provided for advance procurement of 6 CTOL variants in fiscal 
     year 2008. The conference agreement also provides 
     $125,000,000 in Aircraft Procurement, Navy, for advance 
     procurement of 6 short take-off and vertical landing (STOVL) 
     variants. Combined, these quantities will allow F-35 
     production to continue to ramp up, but at a more modest rate 
     and with less program risk than the program requested by the 
     Department.

                        F-22A Raptor Procurement

       The conference agreement includes authority for a multiyear 
     procurement of 60 F-22A aircraft, beginning with 20 fully 
     funded aircraft in fiscal year 2007. The conferees anticipate 
     that the Department will budget for two subsequent lots of 20 
     aircraft in fiscal years 2008 and 2009. To enable this 
     strategy, $210,000,000 of additional funds provided by both 
     the House and the Senate were realigned from the F-22A budget 
     line to the F-22A Advance Procurement line to provide the 
     required funds for economic order quantity items, bringing 
     the total budget for Advance Procurement to $687,404,000. The 
     conferees expect that the Department of the Air Force will 
     continue to seek improved efficiencies in this program.

        F-15 Advanced Electronically Scanned Array (AESA) Radars

       The conference agreement provides $72,000,000 to procure 
     and install Advanced Electronically Scanned Array (AESA) 
     radars only for the Air National Guard F-15C fleet. The 
     Department of Defense is strongly encouraged to develop a 
     plan for keeping the F-15 inventory updated with current 
     technologies for its expected active service life.

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[[Page 19427]]

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[[Page 19428]]

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[[Page 19429]]

              Minuteman III Propulsion Replacement Program

       The conference agreement provides $651,257,000 for 
     Minuteman III modifications, including modifications to 
     replace the missile propulsion system. The conferees disagree 
     with proposals to terminate the program after fiscal year 
     2007 and expect that the Department of Defense will budget 
     for the remaining requirements identified in the fiscal year 
     2007 budget justifications in the fiscal year 2008 budget 
     submission.

                    Global Positioning System (GPS)

       The budget request includes $97,182,000 in missile 
     procurement with an additional $43,259,000 in advance 
     procurement for GPS vehicles 16 through 18. The conferees 
     note that the GPS IIF program has been troubled by cost 
     growth and significant delays, and the Department of Defense 
     has chosen not to pursue vehicles 13 through 18. 
     Consequently, the conferees recommend $85,882,000 in missile 
     procurement and no funding in advance procurement, a 
     reduction of $11,300,000 and $43,259,000 respectively.
       The conferees share the Department's concerns regarding the 
     short-term risk associated with the current constellation, 
     and also the long-term risk of gaps in capability, especially 
     as the country moves toward a transition to the GPS III 
     system. The conferees note that, in general, on-orbit models 
     of GPS are living longer than expected. Accordingly, the 
     conferees believe that through proper constellation planning 
     and management, and launching based on constellation need 
     rather than on payload delivery, the Department can strike 
     the right balance between short and long-term risks with the 
     goal of maximizing constellation coverage. Therefore, the 
     conferees encourage the Department to use this strategy in 
     order to minimize risk and maximize coverage as it endeavors 
     to maintain the current constellation, complete the 
     development and fielding of the GPS IIF satellites, and 
     transition to the new GPS III satellites.

                Evolved Expendable Launch Vehicle (EELV)

       The budget request includes $936,490,000 for EELV. The 
     conferees recommend $856,490,000, a reduction of $80,000,000, 
     and intend to monitor the balance between risk and return for 
     costs and activities associated with launch preparation and 
     capability. The conferees believe the Air Force should 
     challenge the national launch government and industry team to 
     develop and implement a strategy to eliminate unnecessary 
     practices and excessive costs while protecting the viability 
     of the program.
       Additionally, the conferees maintain interest in execution 
     of the acquisition strategy for the Buy-3 contract. The 
     conferees direct the Department of the Air Force to adopt 
     acquisition practices for space launch relative to the EELV 
     program that will maximize economic efficiencies through 
     fiscal year 2010. Further, the conferees support open 
     competition for launch services from qualified bidders. 
     Therefore, the conferees direct the Department to create, 
     adopt, and promote a set of criteria by which new entrants 
     might more readily qualify for the EELV program, including 
     opportunities to compete for demonstration launches, which 
     will facilitate competition and promote assured access.

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[[Page 19431]]

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[[Page 19432]]

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[[Page 19433]]

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[[Page 19434]]

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[[Page 19435]]

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[[Page 19436]]

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[[Page 19437]]

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[[Page 19438]]

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[[Page 19439]]

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[[Page 19440]]

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[[Page 19441]]

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[[Page 19442]]

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[[Page 19443]]

                  National Guard and Reserve Equipment

  The conferees agree that National Guard and Reserve forces are 
integral to our efforts in Iraq and Afghanistan and play a critical 
role in our Nation's response to national disasters. The conferees are 
aware that the equipment needs of our Reserve Component forces far 
exceed the amounts provided in the budget request and agree to provide 
an additional $290,000,000 for miscellaneous equipment for ``National 
Guard and Reserve Equipment'' as identified above.

                       Items of Special Interest

  The conferees agree that the National Guard and Reserve equipment 
program shall be executed by the heads of the Guard and Reserve 
components with priority consideration for miscellaneous equipment 
appropriations given to the following items as identified in Senate 
Report 109-292: Mobile Approach Control System, Virtual Warrior 
Interactive Program, Block 42 F-16 Upgrades, Flex Train Combat 
Training, Battlefield Mobility Enhancers [MGators], M777A1 Lightweight 
l55mm Howitzers, Joint Threat Emitters, Line Haul Trucks, Thunder Radar 
Pod, Virtual Door Gunners, and Communications Equipment.

                    Defense Production Act Purchases

       The conferees agree to provide $63,184,000 for Defense 
     Production Act Purchases instead of $39,384,000 as proposed 
     by the House and $68,884,000 as proposed by the Senate.
       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

[[Page 19444]]

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[[Page 19445]]

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[[Page 19446]]

                         Special Interest Items

       Items for which additional funds have been provided as 
     shown in the project level tables or in paragraphs using the 
     phrase ``only for'' or ``only to'' in this report are 
     congressional interest items for the purpose of the Base for 
     Reprogramming (DD 1414). Each of these items must be carried 
     on the DD Form 1414 at the stated amount, specifically 
     addressed in the conference report. These items remain 
     special interest items whether or not they are repeated in a 
     subsequent conference report.

            Reprogramming Guidance for Acquisition Accounts

       The conferees direct the Department of Defense to continue 
     to follow the reprogramming guidance specified in the report 
     accompanying the House version of the fiscal year 2006 
     Department of Defense Appropriations bill (H.R. 109-119). 
     Specifically, the dollar threshold for reprogramming funds 
     will remain at $20,000,000 for procurement, and $10,000,000 
     for research, development, test and evaluation. The 
     Department shall continue to follow the limitation that prior 
     approval reprogrammings are set at either the specified 
     dollar threshold or 20% of the procurement or research, 
     development, test and evaluation line, whichever is less. 
     These thresholds are cumulative. Therefore, if the combined 
     value of transfers into or out of a procurement (P-1) or 
     research, development, test and evaluation (R-1) line exceeds 
     the identified threshold, the Department of Defense must 
     submit a prior approval reprogramming to the congressional 
     defense committees. In addition, guidelines on the 
     application of prior approval reprogramming procedures for 
     congressional special interest items are established 
     elsewhere in this report.

                           Funding Increases

       The conferees direct that the funding increases outlined in 
     these tables shall be provided only for the specific purposes 
     indicated in the table.

                   Joint Tactical Radio System (JTRS)

       In July 2006, the Department of Defense established a new 
     management arrangement for the JTRS program. As a result, the 
     Department of the Navy is now the lead component for JTRS 
     development. In support of this new arrangement, the 
     conferees agree to transfer JTRS research and development 
     funding from the ``Research, Development, Test and 
     Evaluation, Army'' account to the ``Research, Development, 
     Test and Evaluation, Navy'' account. The conferees note the 
     JTRS Joint Program Executive Office remains in control of 
     JTRS development funding and must approve any obligation or 
     transfer of execution year funds for radio development 
     associated with any of the JTRS program elements.

                          Prompt Global Strike

       The budget request includes $127,000,000 to demonstrate the 
     feasibility of using existing TRIDENT II (D-5) missiles with 
     conventional payloads to provide a prompt global strike 
     capability. The conferees believe that fundamental issues 
     about the requirement for and use of this weapon must be 
     addressed prior to determining the efficacy of this program. 
     Therefore, the conferees are providing $5,000,000 in 
     Research, Development, Test and Evaluation, Defense-Wide for 
     a study to be conducted by the National Academy of Sciences 
     to analyze the mission requirement and, where appropriate, 
     consider and recommend alternatives that meet the prompt 
     global strike mission in the near term (1-2 years), the mid-
     term (3-5 years), and the long term. The study should include 
     analyses of the military, political and international issues 
     associated with each alternative. The study should consider 
     technology options for achieving desired objectives as well 
     as mitigating policy concerns. The study is due to the 
     congressional defense committees by March 15, 2007. In 
     addition, the conferees are providing $20,000,000 in 
     Research, Development, Test and Evaluation, Navy for 
     developmental efforts under the Conventional Trident 
     Modification program. These funds should be used to focus on 
     those developmental items which are common to all the global 
     strike alternatives until the completion of the study and a 
     determination has been made on the best course of action in 
     this matter.

  Joint Strike Fighter Alternate Engine Development and Cost Analysis

       The conferees recommend an additional $170,000,000 in 
     Research, Development, Test and Evaluation, Air Force and 
     $170,000,000 in Research, Development, Test and Evaluation, 
     Navy for continuing development of the F-136 engine for the 
     Joint Strike Fighter program. The conferees direct the Under 
     Secretary of Defense for Acquisition, Technology and 
     Logistics to sponsor a comprehensive independent cost 
     analysis of the Joint Strike Fighter engine program. The 
     conferees strongly encourage the analysis be conducted by the 
     Institute for Defense Analyses (IDA). This analysis shall 
     include but not be limited to: (1) a comparison of costs 
     associated with the development of the F-135 and F-136 
     engines; (2) an evaluation of potential savings achieved by 
     eliminating or continuing the development and production of 
     an alternate engine over the program's life cycle; and (3) 
     the potential effects on the industrial base of eliminating 
     or continuing the development and production of an alternate 
     engine over the program's life cycle. This analysis shall be 
     transmitted to the congressional defense committees not later 
     than March 15, 2007.
       The conferees in no way intend for this analysis to be an 
     excuse for the Department of Defense not to fully fund the 
     development of both the F-135 and the F-136 engines in fiscal 
     year 2008. All evidence suggests that the development of two 
     alternate engines will lead to cost savings through 
     competition, increased capabilities for the warfighter, and a 
     strengthened industrial base. Accordingly, the conferees 
     direct the Department of Defense to fund the continued 
     development of both the engines in the fiscal year 2008 
     budget submission while this cost analysis is ongoing.

               Department of Defense Biometrics Programs

       The conferees reaffirm the authority of the Secretary of 
     the Army as Executive Agent for all biometrics within the 
     Department of Defense under Public Law 106-246, and encourage 
     the Department of Defense to designate a Principal Staff 
     Assistant to define policy, architecture, and interagency 
     cooperation. The conferees look forward to receiving the 
     final report of the Defense Science Board study on biometrics 
     and receiving the associated recommendations of the Secretary 
     of Defense by January 15, 2007.

                           Alternative Fuels

       At the behest of Congress, the Air Force initiated research 
     into developing alternatives to jet fuels in current use. 
     That research has paid dividends. A recent report from the 
     Air Force indicates that substituting standard jet fuels 
     (such as JP-4 and JP-8) with coal-based synthetic fuels and 
     natural gas derivatives could result in savings of up to two-
     thirds of the cost of a gallon of JP-8. Moreover, the Air 
     Force research shows that these alternative fuels burn 
     cleaner than standard jet fuels, a result that portends 
     savings from lower maintenance and engine replacement costs. 
     In light of these findings, the Navy reports that it plans to 
     initiate a pilot program to develop alternative fuels. Given 
     the high costs of fuel and maintenance, the conferees are 
     encouraged by these reports and believe that the military 
     services should continue to pursue alternative fuels research 
     and development. As such, the conferees encourage the 
     Department to provide sufficient funding in its fiscal year 
     2008 and future budget requests to continue these important 
     research programs.

                    Specialty Steel Industrial Base

       The Department of Defense's demand for iron-based alloy 
     aviation specialty steels has dramatically increased as a 
     result of continuing deployments to the overseas theaters of 
     operation. Today, there is only one domestic supplier for a 
     unique process which utilizes vacuum inducted melt/vacuum arc 
     re-melt, the process which gives aviation grade steels their 
     required properties. These specialty steels are critical to 
     building high technology U.S. military weapon systems. 
     Further, there has been a related and dramatic increase in 
     the raw material needed to make these specialty steels. Lead 
     times for these raw materials have grown from 3 months to 1 
     year. According to the Army, the overall effect on lead times 
     for spare part deliverables has swelled in some cases to 
     greater than 24 months. As such, the conferees encourage the 
     Department of Defense to partner with domestic industry to 
     develop a greater capacity to meet the delivery requirements 
     for aviation parts to the military within an acceptable time 
     frame. The conferees suggest that the Department explore a 
     50/50 cost share project between the Federal government, 
     private industry, and/or state governments as the best means 
     to create this capacity as rapidly as possible.

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[[Page 19484]]

 Medical Countermeasures Against Acute Radiation Syndrome and Similar 
                                Threats

       The conferees recognize that acute radiation syndrome and 
     other forms of radiation sickness could potentially afflict 
     forward deployed members of the military, and that currently 
     there are no effective means of treating individuals exposed 
     to radiation or a nuclear attack. Therefore, the conferees 
     direct the Secretary of Defense to submit to the 
     congressional defense committees a report that outlines a 
     plan for procuring medical countermeasures that will treat 
     forward deployed service members against the lethal effects 
     of acute radiation syndrome, to include neutropenia and 
     thrombocytopenia. This report will also identify the 
     countermeasures required to protect service members in the 
     event of a nuclear or bioterrorist attack, a plan to forward 
     deploy those countermeasures, and an assessment of costs 
     associated with implementing this plan. This report should be 
     provided no later than March 15, 2007.

                            Stryker Upgrades

       The conferees are pleased with the performance of the 
     Stryker armored vehicle in Iraq and encourage the Army to 
     pursue new technologies and capabilities for the Stryker to 
     improve the capabilities of the vehicle on the battlefield. 
     The conferees encourage the Army to pursue these technology 
     upgrades including an integrated power management system, 
     increased improvised explosive device and mine blast 
     protection, improved situational awareness, new brakes and 
     suspension, and the addition of the XM307 gun, Javelin 
     missile and target detection capabilities.

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[[Page 19511]]

                      Micromanufacturing Processes

       The conferees are aware of the growing need for 
     microdevices and improved micromanufacturing processes to 
     meet Defense requirements for smart micromachines. 
     Streamlined micromanufacturing processes will enhance the 
     Department's development and use of embedded biochemical 
     sensors and miniature safe-and-arm devices. The Department is 
     encouraged to work with universities with demonstrated 
     expertise in novel micromanufacturing processes and 
     equipment.

                          Corrosion Protection

       The Navy spends significant amounts of its fleet 
     maintenance budget on corrosion protection. The conferees are 
     aware of important research performed by the Center for 
     Photochemical Sciences that develops corrosion resistant 
     marine paint using photo-cure technology. These new photo-
     cure technologies can increase corrosion protection while 
     reducing environmentally harmful emissions. This technology 
     may provide unique advantages over current materials. The 
     conferees encourage the Office of Naval Research to consider 
     continued funding for this important research project.

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[[Page 19532]]

                 Tanker Replacement Development Program

       The conference agreement provides $70,000,000 for 
     development of the KC-135 tanker replacement, as opposed to 
     $203,932,000 as proposed by the House. The Senate provided no 
     funding for this purpose. The amount provided in the 
     conference agreement was identified in writing by the 
     Department of Defense as the level needed to meet all fiscal 
     year 2007 requirements.

                         B-52 Stand-off Jammer

       The conferees note that the Air Force has terminated the B-
     52 Stand-off Jammer program for airborne electronic attack 
     and agree to rescind fiscal year 2006 funds appropriated for 
     this purpose in a General Provision. However, there remains a 
     future requirement for a persistent stand-off jamming 
     platform, despite the longer than originally anticipated 
     service life of the Navy's re-winged EA-6B fleet. The 
     conferees expect that the Air Force will reevaluate the 
     future persistent stand-off jammer requirement in fiscal year 
     2007 and encourage the Department to submit a reprogramming 
     request should the Air Force determine that the B-52 is the 
     proper platform to conduct this mission.

                             A-10 Squadrons

       The budget request includes $64,000,000 for continued 
     development of a propulsion upgrade program for the A-10 
     aircraft. However, since the budget submission, this program 
     has been terminated by the Air Force. The House provided 
     $16,771,000 for A-10 Squadrons, a reduction of $64,000,000, 
     due to the cancellation of the program. The Senate included 
     $31,971,000, a reduction of $48,800,000. The conferees agree 
     to provide the Senate amount and expect that the remaining 
     $15,200,000 identified for the cancelled propulsion upgrade 
     program will be dedicated to the shortfall in the A-10 
     precision engagement development program.

                     Hybrid Fuel Cell Power Systems

       The conferees encourage continued development and testing 
     of hybrid fuel cell power systems for SATCOM systems by the 
     Air Force's Research Lab--Information Directorate in Rome, 
     New York. The conferees encourage the Air Force to continue 
     this important research as it pertains to current and future 
     Air Force missions.

    J-STARS Communication, Navigation, Surveillance and Air Traffic 
                          Management (CNS/ATM)

       A significant investment of over $50,000,000 to date has 
     been made to accomplish the Communication, Navigation, 
     Surveillance and Air Traffic Management (CNS/ATM) 
     modification on the E-8C fleet. The fiscal year 2007 budget 
     request includes $20,000,000 for this effort. The program is 
     on budget, on schedule, and is meeting its program goals. The 
     conferees believe CNS/ATM modification is crucial to the long 
     term sustainment of the E-8C Joint STARS Weapon System to 
     support current and future military operations and therefore 
     provide an additional $3,600,000 for this effort. The 
     conferees expect the Air Force to complete development 
     activities and initiate a timely retrofit of the E-8C fleet.

                         Combat Identification

       Multiple incidents in current and past conflicts and 
     exercises have repeatedly demonstrated that positive hostile 
     identification is crucial to using the full military 
     capabilities and enabling joint interoperability of our 
     technologically advanced weapon systems, such as the F-22, F/
     A-18, and MEADS. Furthermore, fratricide and strict combat 
     Rules of Engagement can limit and restrict their combat 
     employment, thereby losing U.S. technological advantage and 
     putting our forces at risk. Since combat identification is 
     only as good as the target signature databases, securing the 
     continued development and sustainment of these databases and 
     coordinating their joint applications must be a priority. Due 
     to the critical nature of this joint military requirement and 
     since databases continue to receive low priority, the 
     conferees encourage the following: (1) Joint Theater and 
     Missile Defense Organization and Joint Forces Command should 
     coordinate and integrate combat ID signature database 
     requirements, applications, and interoperability, in 
     coordination with the National Signatures Program (NSP); (2) 
     the Department of Defense should include funding for combat 
     ID database development, support, and sustainment through the 
     Future Years Defense Program; and (3) Aeronautical Systems 
     Center (ASC) should be designated the Department of Defense 
     executing agent for the long-term development, application, 
     support, and sustainment of these databases and associated 
     technologies and tools. Funding for these database efforts 
     should be joint, with the respective services funding their 
     specific production and support requirements.

        Transformational Satellite Communications System (TSAT)

       The conferees agree to provide $737,102,000 for the TSAT 
     program, $130,000,000 below the budget request. This amount 
     provides sufficient resources to support continued 
     competition with two industry teams and to support continued 
     development of the program's ground segment. Further, the 
     conferees direct the Air Force to provide a quarterly program 
     performance report on the program that: (1) includes Earned 
     Value Management System information and a narrative summary 
     that addresses technical milestones, program cost, schedule, 
     performance, and any corrective action required for departure 
     from the plan for the previous quarter, and (2) includes the 
     program plan for the next quarter.

                     Operationally Responsive Space

       The conferees provide the budget request of $35,625,000 for 
     Operationally Responsive Space, of which $19,524,000 is for 
     the Affordable Responsive Space-lift (ARES) program, 
     $16,000,000 is for the FALCON small launch vehicle program, 
     and the remaining amount for the TACSAT program. The 
     conferees are pleased that the Air Force initiated a program 
     element for Operationally Responsive Space and strongly 
     support the concept.
       The conferees note that, among projects planned by the Air 
     Force and the National Reconnaissance Office over the next 
     few years, several missions will require small launch 
     vehicles of similar capability. Therefore, the conferees 
     encourage these organizations to consider opportunities to 
     partner and use their combined purchasing power to leverage 
     capability and cost through procuring small launch vehicles 
     for future space missions.
       The conferees support the concept of a reusable launch 
     vehicle, but question the pursuit of the ARES program as it 
     exists. Further, the conferees note the lack of a 
     comprehensive strategy for space launch. Therefore, the 
     conferees direct no funds appropriated in this bill may be 
     used for the ARES program. Of the $19,524,000 budgeted for 
     ARES, the conferees direct that $7,500,000 be used for the 
     purposes described in the classified annex and the remaining 
     $12,024,000 be used to complete the purchase of multiple 
     small launch vehicles. Should any funds appropriated to this 
     program element for the above specific purposes become 
     available for any reason, the conferees urge the Air Force to 
     supplement the funds provided for the purchase of multiple 
     small launch vehicles.

  Combatant Commanders' Integrated Command and Control System (CCIC2S)

       The budget requests $50,908,000 for the CCIC2S. CCIC2S was 
     planned to provide combatant commanders a command and control 
     system for Integrated Tactical Warning and Attack Assessment 
     (ITW/AA) that would incorporate air, missile defense, and 
     space components. The conferees understand the Air Force 
     Space Command and United States Strategic Command plan to 
     remove the space mission from Cheyenne Mountain Operations 
     Center (CMOC) and therefore from CCIC2S. However, the 
     conferees believe that in order to accomplish the ITW/AA 
     mission effectively a closer relationship should exist 
     between the missile defense mission at CMOC and activity at 
     the Joint National Integration Center.
       As a result, the conferees recommend $43,500,000, a 
     reduction of $7,408,000, in research and development funding 
     for the CCIC2S program. These funds are provided to complete 
     the missile defense activity and re-start work on the Single 
     Integrated Space Picture (SISP) as a part of the 
     aforementioned plan. The conferees note the growing 
     importance for the SISP as a national capability to provide 
     situational awareness of space and support improvements in 
     that mission area. No funds have been provided for the other 
     space-related items as requested due to pending changes in 
     Air Force Space Command. A similar reduction is made to 
     ``Other Procurement, Air Force'' for the same purposes.

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[[Page 19557]]

                Chemical and Biological Defense Program

       The conference agreement provides an increase of 
     $25,000,000 for the Chemical and Biological Defense 
     Initiative. The Secretary of Defense is directed to allocate 
     these funds among the programs that yield the greatest gain 
     in our chem-bio defensive posture. The conferees further 
     direct that such funds may not be obligated until 15 days 
     after a report, including a description of projects to be 
     funded, is provided to the congressional defense committees.

           MDA--Space Tracking and Surveillance System (STSS)

       The budget request includes $390,585,000 for STSS, 
     including $97,000,000 for the Block 2012 space system. The 
     conference agreement includes $323,585,000, a reduction of 
     $67,000,000 for Block 2012. The conferees note that two 
     demonstration satellites will be launched in fiscal year 2007 
     and that exploitation of data from these satellites will 
     allow the Missile Defense Agency to develop sensor 
     requirements and a concept of operations that will drive the 
     Block 2012 space system. As a result, the conferees believe 
     it is premature to award a full Block 2012 space system 
     acquisition contract and direct the Missile Defense Agency to 
     use the appropriated STSS Block 2012 funds to initiate a 
     contract to: (1) pursue sensor technology development and 
     risk reduction; (2) complete the definition of the Block 2012 
     system through analysis and trades; and, (3) develop 
     corresponding system requirements leveraging the 
     demonstration satellites.

               MDA--Avoidance of Congressional Reductions

       The conferees remain concerned that the Missile Defense 
     Agency is moving funds between various elements and programs 
     and/or moving contract scope across elements and programs in 
     order to avoid reductions made by the congressional defense 
     committees. This practice is unacceptable and MDA is directed 
     to use prior approval reprogramming procedures specified in 
     the report accompanying the House version of the fiscal year 
     2007 Department of Defense Appropriations bill (H.R. 109-504) 
     for any movement of funds or contract scope beyond the 
     $10,000,000 threshold in research, development, test and 
     evaluation. The MDA shall follow the limitation that prior 
     approval reprogramming is set at either the specified dollar 
     threshold or 20% of the line, whichever is less. The 
     conferees agree that: Ballistic Missile Defense--AEGIS, PE 
     0603892C; Ballistic Missile Defense Terminal Defense Segment, 
     PE 0603881 C; Ballistic Missile Defense Midcourse Defense 
     Segment, PE 0603882C; and Multiple Kill Vehic1e, PE 0603894C 
     are designated as congressional special interest items 
     subject to prior approval reprogramming procedures.

                 MDA--Other Transaction Authority (OTA)

       The conferees are concerned with the continued use of OTA 
     contracts by the Missile Defense Agency. These OTA contracts 
     lack the customary safeguards found under FAR-based contracts 
     for organizational conflict of interest, truth in 
     negotiations and submission of cost and pricing data. The 
     conferees strongly encourage the Missile Defense Agency to 
     convert large development and procurement contracts using OTA 
     to FAR- based contracts. Accordingly, the conferees direct 
     the Missile Defense Agency to submit a report on the use of 
     Other Transaction Authority contracts by the Missile Defense 
     Agency. This report should include the number, value, and 
     justification for the use of Other Transaction Authority. The 
     report should be delivered to the congressional defense 
     committees 90 days after the enactment of this Act.

                       MilTech Extension Program

       The conferees support the ``MilTech Extension'' program and 
     encourage the Department of Defense to fund this program in 
     the fiscal year 2008 budget request. MilTech has been highly 
     successful at helping to transition technologies from 
     innovative small companies to Department of Defense 
     operational use.

                        MDA--AEGIS Improvements

       The conferees have provided $65,000,000 for AEGIS 
     Improvements. Of that amount $15,000,000 is available for the 
     Sea-Based Terminal Capability, and $50,000,000 is available 
     for development and procurement of SM-3 Interceptors.
       The conferees are aware that there is an additional 
     requirement of $20,000,000 in fiscal year 2007 for Sea-Based 
     Terminal Defense, and direct the Missile Defense Agency to 
     submit a prior approval reprogramming to fully fund this 
     requirement.

                          Airborne Laser (ABL)

       The conferees are encouraged by the recent technical 
     progress that the Airborne Laser (ABL) program has made over 
     the last two years with the accomplishment of the firing of 
     the high energy laser and the flight testing of the 
     associated beam control/fire control system. The conferees 
     also note that these technical challenges were accomplished 
     while the program stayed within the government determined 
     schedule and budget.
       As the acknowledged Primary Boost Phase Defense, the 
     conferees are concerned by the recent decision of the Missile 
     Defense Agency (MDA) to slip the planning for the development 
     of an operational ABL by two years later than proposed in the 
     fiscal year 2006 budget submittal. The conferees believe that 
     if the ABL succeeds in the next two years of testing and 
     accomplishes its main test objectives leading towards a 
     lethal shoot down demonstration in late 2008, MDA should move 
     the program into development of an operational ABL 
     configuration at the earliest date.
       Therefore, the conferees encourage MDA to re-evaluate 
     funding in the Future Years Defense Plan to ensure that 
     funding levels for ABL are consistent with its status as the 
     Primary Boost Phase Defense. Further, the conferees recommend 
     MDA develop a plan that would allow for the development of an 
     advanced ABL configuration in the shortest time after a 
     successful lethal shoot down demonstration. This plan should 
     be delivered to the congressional defense committees 90 days 
     after the enactment of this Act.

      Defense Integrated Military Human Resources System (DIMHRS)

       The conferees direct the Secretary of Defense and the 
     currently participating individual services to maintain 
     DIMHRS application development and implementation and DIMHRS 
     performance development and emergent requirement efforts at 
     the Space and Naval Warfare (SPAWAR) Systems Center (SSC) in 
     New Orleans.

           Defense Advanced Research Projects Agency (DARPA)

       The conferees provide $3,135,303,000 for DARPA, a reduction 
     of $159,045,000 from the request. The conferees direct the 
     Director of DARP A to submit to the congressional defense 
     committees no later than sixty days after enactment of this 
     Act a report in writing that details by program the 
     application of undistributed reductions made in this Act.
       The conferees commend DARPA for its responsiveness and 
     assistance in delineating its sizeable programmatic and 
     budgetary information. However, given the magnitude of 
     DARPA's budget and the significant quantity of programs 
     managed by DARPA, the conferees believe that future budget 
     justification materials should provide more individual 
     programmatic detail, to include budget information, 
     programmatic achievements and goals by fiscal year, as well 
     as transition plans.

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[[Page 19561]]

                     DEFENSE WORKING CAPITAL FUNDS

       The conference agreement provides $1,345,998,000, as 
     proposed by both the House and the Senate, for the Defense 
     Working Capital Funds.

                     NATIONAL DEFENSE SEALIFT FUND

       The conference agreement provides a total of $1,071,932,000 
     for the National Defense Sealift Fund as proposed by the 
     House instead of $616,932,000 as proposed by the Senate. The 
     conference agreement restores the reduction of $455,000,000 
     for the T-AKE cargo/ammunition ship program proposed by the 
     Senate.

            PENTAGON RESERVATION MAINTENANCE REVOLVING FUND

       The conference agreement provides $18,500,000, as proposed 
     by both the House and the Senate, for the Pentagon 
     Reservation Maintenance Revolving Fund.

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[[Page 19563]]

         DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

       The conference agreement provides $977,632,000 for ``Drug 
     Interdiction and Counter-Drug Activities, Defense'' instead 
     of $936,990,000 as proposed by the House and $978,212,000 as 
     proposed by the Senate. Adjustments to the budget request are 
     as follows:

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[[Page 19565]]

                    OFFICE OF THE INSPECTOR GENERAL

       The conferees have agreed to provide a total amount of 
     $216,297,000 for the Office of the Inspector General. Of this 
     amount, $214,897,000 shall be for operation and maintenance, 
     and $1,400,000 shall be for procurement.

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[[Page 19567]]

   CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM FUND

       The conference agreement provides $256,400,000 for payment 
     to the Central Intelligence Agency Retirement and Disability 
     System Fund, as proposed by both the House and the Senate.

               INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT


                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement provides $621,611,000 for the 
     Intelligence Community Management Account, instead of 
     $597,111,000 as proposed by the House and $597,011,000 as 
     proposed by the Senate.
       The conference agreement provides for a transfer of 
     $39,000,000 to the Department of Justice for the National 
     Drug Intelligence Center to support the Department of 
     Defense's counter-drug intelligence responsibilities, the 
     same amount as proposed by the House.

                  Iraq National Intelligence Estimate

       The conferees did not include bill language requiring the 
     Office of the Director of National Intelligence (ODNI) to 
     provide a National Intelligence Estimate (NIE) for Iraq. The 
     conferees understand that the ODNI is currently drafting such 
     a document. The conferees urge the ODNI in creating the NIE 
     to follow the parameters set out in the Senate bill in Title 
     VII, under the heading ``Intelligence Community Management 
     Account.''

                     TITLE VIII--GENERAL PROVISIONS

       The conference agreement incorporated general provisions of 
     the House and Senate versions of the bill which were not 
     amended. Those general provisions that were amended in 
     conference follow:
       The conferees include a general provision (Section 8005) as 
     proposed by the House and the Senate concerning transfer 
     authority. The conferees also include language that requires 
     a prior approval reprogramming before obligating funds 
     pursuant to section 1206 of Public Law 109-163.
       The conferees include a general provision (Section 8008) 
     which amends language, as proposed by the House and the 
     Senate, concerning multi-year procurement authority. The 
     conference agreement provides multi-year procurement 
     authority for C-17 Globemaster; F-22A; MH-60R Helicopters; 
     MH-60R Helicopter mission equipment; and V-22 Osprey.
       The conferees include a general provision (Section 8023) 
     which amends language, as proposed by the House and Senate, 
     with respect to Federally Funded Research and Development 
     Centers.
       Section 8024 in title VIII of this Act prohibits the use of 
     government funds to purchase armor steel plate that was not 
     melted and rolled in the United States or Canada. The 
     conferees are concerned that the Department of Defense may 
     alter or weaken the intent of Congress through changes to the 
     implementing instructions. The conferees direct the 
     Department to discuss any proposed changes with the relevant 
     congressional committees and gain congressional approval 
     before altering the current interpretation of this 
     prohibition.
       The conferees include a general provision (Section 8039) 
     which amends language, as proposed by the House and Senate, 
     to make funds available under ``Operation and Maintenance, 
     Defense-Wide'' for the Office of Economic Adjustment to make 
     grants.
       The conferees include a general provision (Section 8040) 
     which amends language, as proposed by the House and Senate, 
     recommending rescissions. The rescissions agreed to are:


                             (RESCISSIONS)

2005 Appropriations:
  Shipbuilding and Conversion, Navy: CVN-21/PUAF............$11,245,000
  Aircraft Procurement, Air Force: F-15E Procurement........108,000,000
2006 Appropriations:
                                               Other Procurement, Army:
    Warfighter Information Network WIN-T....................100,200,000
    Modifications of In-Service Equipment....................20,000,000
                                            Aircraft Procurement, Navy:
    MH-60S (MYP).............................................36,000,000
    KC-130J AP (CY)..........................................11,500,000
    C-130 Series.............................................29,200,000
                                       Aircraft Procurement, Air Force:
    F-22A Advance Procurement................................77,000,000
    F-15E Procurement........................................64,100,000
                                        Missile Procurement, Air Force:
    EELV....................................................100,000,000
    GPS (AP).................................................42,000,000
  Research, Development, Test and Evaluation, Army: Aerial Common 
    Sensor...................................................21,600,000
                      Research, Development, Test and Evaluation, Navy:
    Materials, Electronics and Computer Technology............1,400,000
    Mine Development..........................................8,700,000
    Aerial Common Sensor.....................................25,698,000
  Research, Development, Test and Evaluation, Air Force: B-52 Standoff 
    Jammer...................................................92,800,000
              Research, Development, Test and Evaluation, Defense-Wide:
    DARPA...................................................100,000,000
    Joint Robotics Program--EMD, Gladiator Teleoperated Unmanned 
      Vehic1e.................................................2,500,000
    Classified Program--C3I...................................7,200,000
    Classified Programs......................................11,000,000

       The conferees include a general provision (Section 8077) 
     which amends language, as proposed by the House and Senate, 
     to reduce funds available in Operation and Maintenance 
     accounts by $158,100,000 for excessive growth in other 
     contracted services.
       The conferees include a general provision (Section 8079) 
     which amends language, as proposed by the House and Senate, 
     concerning the Arrow missile defense program. The conference 
     agreement provides a total of $137,894,000 for the Arrow 
     program of which $53,000,000 is earmarked for missile 
     component co-production, and $20,400,000 is earmarked only 
     for the Short Range Ballistic Missile Defense initiative.
       The conferees include a general provision (Section 8080) 
     which amends language, as proposed by the House and Senate, 
     to provide transfer authority for specified shipbuilding 
     programs. The agreement provides total transfer authority of 
     $512,849,000 instead of $436,449,000 as proposed by the House 
     and $557,849,000 as proposed by the Senate. The agreement 
     also distributes funds to specified shipbuilding programs.
       The conferees include a general provision (Section 8088) 
     which amends language, as proposed by the House, to provide 
     $11,100,000 for grants to various organizations.
       The conferees include a general provision (Section 8096) 
     which amends language, as proposed by the House and Senate to 
     provide special transfer authority for Navy shipbuilding 
     programs. The agreement accepts provisions contained in the 
     House bill, but accepts the Senate proposal regarding the 
     availability of transferred funds. The agreement specifies 
     that transferred funds are available for the time period of 
     the original appropriation and are not extended by the 
     transfer.
       The conferees include a general provision (Section 8102) 
     which amends language, as proposed by the Senate, to provide 
     funds for the operations and development of training and 
     technology for warfighting and first responder training at 
     the Joint Interagency Training Center-East.
       The conferees include a general provision (Section 8103) 
     which amends language, as proposed by the Senate, to extend 
     the authority of a Defense Advanced Research Project Agency 
     program through September 30, 2008.
       The conferees include a general provision (Section 8106) 
     which amends language, as proposed by the House and Senate, 
     to reduce funds available in this Act to reflect savings from 
     revised economic assumptions.
       The conferees include a general provision (Section 8110) 
     which amends language, as proposed by the Senate, which 
     requires the Secretary of the Air Force to submit a cost-
     benefit analysis of research and development activities.
       The conferees include a general provision (Section 8111) 
     which amends language, as proposed by the House, to prohibit 
     the use of funds provided in this Act to waive or modify 
     regulations concerning the National Security Personnel 
     System.
       The conferees include a general provision (Section 8112) 
     that clarifies the definition of ``this Act''.

[[Page 19568]]

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[[Page 19570]]

                         Reporting Requirements

       The conferees direct the Secretary of Defense to provide a 
     report to the congressional defense committees within 30 days 
     of enactment of this legislation on the allocation of the 
     funds within the accounts listed in this title. The Secretary 
     shall submit updated reports 30 days after the end of each 
     fiscal quarter until funds listed in this title are no longer 
     available for obligation. The conferees direct that these 
     reports shall include: a detailed accounting of obligations 
     and expenditures of appropriations provided in this title by 
     program and subactivity group for the continuation of the war 
     in Iraq and Afghanistan; and a listing of equipment procured 
     using funds provided in this title.
       The conferees expect that in order to meet unanticipated 
     requirements, the Department of Defense may need to transfer 
     funds within these appropriation accounts for purposes other 
     than those specified in this report. The conferees direct the 
     Department of Defense to follow normal prior approval 
     reprogramming procedures should it be necessary to transfer 
     funding between different appropriations accounts in this 
     title.

                                 Reset

       The high operating tempo resulting from training and 
     subsequent deployment to Iraq and Afghanistan, combined with 
     severe environmental conditions, results in an equipment wear 
     out factor that is several times the peace time rate. Combat 
     losses add to the overall deterioration in the readiness 
     rating of entire categories of equipment ranging from night 
     vision devices to communications equipment to combat and 
     support vehicles. While units deploying to combat theaters 
     and in the combat theaters are fully equipped with the most 
     capable equipment, units at home station are often faced with 
     equipment shortages or unready equipment. These shortages 
     limit the capacity of units to conduct readiness training, 
     and in the case of the National Guard, may limit the capacity 
     of units to perform state emergency missions. Units returning 
     from deployment go through the reset process in which 
     equipment is repaired and battle losses are replaced in order 
     to return the unit to full readiness posture.
       The conferees are concerned that the reset effort has not 
     kept up with the requirements generated by the ongoing Global 
     War on Terror, especially in the Army and Marine Corps for 
     which nearly continuous ground combat operations have been 
     especially hard on equipment. The conferees understand that 
     the necessary capacity is available at industry and 
     government facilities to repair or replace the worn out 
     equipment. The House and Senate each included funds for reset 
     in their version of the Defense Appropriations Act for fiscal 
     year 2007. The conferees have worked closely with the Army 
     and Marine Corps to examine reset funding requirements and 
     the services' capacity to execute those funds and accomplish 
     the reset mission as quickly as possible to ensure military 
     readiness. Within title IX, the conferees have provided $17.1 
     billion for additional fiscal year 2007 reset funding for the 
     Army and $5.8 billion for the Marine Corps, amounts 
     identified by these services as necessary to meet their 
     fiscal year 2007 requirements. The conferees recommend this 
     substantial funding increase in order to ensure the readiness 
     of the armed forces. The conferees note that this critical 
     funding has been provided without a formal request from the 
     administration and urge the Department of Defense to include 
     funding in future budget requests to address reset 
     requirements and ensure that readiness goals are achieved.

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[[Page 19572]]

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[[Page 19573]]

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[[Page 19574]]

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[[Page 19575]]

         Home Station Readiness Training, Logistics, and Reset

       In this title the conferees recommend $44,260,734,000 in 
     the operation and maintenance accounts. In addition to 
     substantial funding required to support continuing combat and 
     security operations in Afghanistan and Iraq, the conferees 
     understand that significant amounts are required in support 
     of a range of home station activities, including unit 
     mobilizations, specialized pre-deployment training, 
     transportation, reset, and post-deployment training. The 
     funding provided in this title, particularly the substantial 
     funding for repair of equipment, will ensure recovery to 
     established readiness standards for full spectrum combat 
     operations around the world. To the extent that training, 
     maintenance and reset activities displace normal peacetime 
     training events, the amounts provided in home station 
     operation and maintenance lines in title II of this 
     conference report have been reduced. The Department of 
     Defense should allocate title IX operation and maintenance 
     funding accordingly to ensure full support for pre-deployment 
     and post-deployment operations, as well as for continuing 
     combat and security operations in support of the Global War 
     on Terror.

               Afghanistan and Iraq Security Forces Funds

       The conferees provide $1,500,000,000 for the Afghanistan 
     Security Forces Fund and $1,700,000,000 for the Iraq Security 
     Forces Fund. These funds will continue the training of 
     indigenous security forces and provide equipment and 
     infrastructure essential to developing capable security 
     forces in Afghanistan and Iraq. The conferees direct the 
     Department to continue to provide comprehensive financial 
     plans for the security forces funds as directed in the 
     Emergency Supplemental Appropriations Act for Defense, the 
     Global War on Terror, and Hurricane Recovery, 2006 (Public 
     Law 109-234). The conferees further expect that up to 
     $2,000,000 of the funds provided for the Afghanistan Security 
     Forces Fund be available for infrastructure improvements for 
     the Afghanistan military legal system, as proposed by the 
     Senate.

                 Commander's Emergency Response Program

       The conferees recommend $500,000,000 to continue the 
     Commander's Emergency Response Program (CERP). The conferees 
     direct the Department to submit quarterly reports on CERP not 
     later than 15 days after the end of each fiscal quarter to 
     the congressional defense committees. The quarterly reports 
     should include detailed information on the source of funds 
     for the program, the allocation and use of funds during that 
     quarter, the recipient of the funds, and the specific 
     purposes for which the funds were used.

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[[Page 19577]]

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[[Page 19578]]

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[[Page 19579]]

     TH25SE06.261
     


[[Page 19580]]

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[[Page 19581]]

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[[Page 19582]]

                            C-17 Procurement

       The conference agreement provides an additional 
     $2,094,000,000 for 10 C-17 aircraft in title IX to support 
     airlift requirements in the Global War on Terror. The Air 
     Force is encouraged to rapidly procure these additional 
     aircraft in the most efficient method possible. Reprogramming 
     of these funds for uses other than procurement of C-l7s, and 
     ancillary equipment, is expressly prohibited without prior 
     approval of Congress.
       The conferees are concerned that the Department of Defense 
     study establishing the strategic airlift requirement may be 
     flawed and may seriously understate the need for C-17 
     aircraft. The Government Accountability Office has raised 
     questions about the study and has suggested that Congress 
     exercise caution in using that study to make investment 
     decisions. The conferees direct the Department of Defense to 
     continue funding C-l7 production in the fiscal year 2008 
     budget.

                  National Guard and Reserve Equipment

       The Senate included a general provision which provided that 
     $2,440,000,000 of the procurement funds in title IX shall be 
     available for the National Guard and the Army Reserve for 
     National Guard and Reserve equipment. The House provided 
     $500,000,000 in National Guard and Reserve Equipment for the 
     Army National Guard to continue an effort begun in fiscal 
     year 2006 to meet the ``Essential 10 Equipment Requirements 
     for the Global War on Terror'' as identified by the National 
     Guard Bureau. The conferees direct that $2,940,000,000 of the 
     procurement funds provided in title IX shall be available 
     only for the Army National Guard and the Army Reserve, and 
     that $500,000,000 of those funds shall be available for the 
     purposes identified in House Report 109-504 under the heading 
     ``National Guard and Reserve Equipment''. The conferees 
     further direct the Chief of the National Guard Bureau to 
     submit a report specifying the items to be procured with this 
     funding and a fielding plan for this equipment not later than 
     60 days after the enactment of this Act.

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[[Page 19584]]

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

         Drug Interdiction and Counter-Drug Activities, Defense

       The conferees are concerned with the increased level of 
     poppy production in Afghanistan. Since fiscal year 2004, 
     Congress has provided the Department of Defense nearly 
     $500,000,000 to curtail poppy production and train and equip 
     the Afghanistan special narcotics police units and border 
     agents. The conferees have included an additional 
     $100,000,000 to continue to expedite this effort in fiscal 
     year 2007. The conferees direct the Department of Defense to 
     provide the congressional defense committees with a detailed 
     execution plan on the use of these funds. The Department may 
     not obligate any of these funds until the committees have 
     received this report. Further, these funds may not be used 
     for the construction or modification of facilities. In 
     addition, the Department is directed to provide to the 
     Appropriations Committees an interagency report on the 
     Administration's plan to address drug production, drug 
     smuggling, and narco-terrorism financing in the Central Asian 
     region no later than March 1, 2007.

                     GENERAL PROVISIONS--THIS TITLE

       The conferees include a general provision (Section 9001) as 
     proposed by the House and the Senate, which provides that 
     appropriations made in this title are available for 
     obligation until September 30, 2007, unless otherwise so 
     provided in this title.
       The conferees include a general provision (Section 9002) as 
     proposed by the House and the Senate, which provides that 
     funds made available in this title are in addition to amounts 
     provided elsewhere in this Act.
       The conferees include a general provision (Section 9003) 
     which amends language, as proposed by the House and the 
     Senate, which provides that the Secretary of Defense is 
     permitted to transfer up to $3,000,000,000 of funds made 
     available in this title subject to certain conditions and 
     reporting requirements.
       The conferees include a general provision (Section 9004) as 
     proposed by the House and the Senate, which provides that 
     funds appropriated in title IX of this Act for intelligence 
     activities are deemed to be authorized for purposes of 
     section 504 of the National Security Act of 1947.
       The conferees include a general provision (Section 9005) as 
     proposed by the House and the Senate, which prohibits the use 
     of funds provided in title IX to finance programs or 
     activities denied by Congress, or to initiate a new start 
     program without prior notification to the congressional 
     defense committees.
       The conferees delete language as proposed by the House, 
     which provided funds for support to the military and security 
     forces of Iraq and Afghanistan. These matters are addressed 
     in the relevant appropriations accounts.
       The conferees include a general provision (Section 9006) as 
     proposed by the House and the Senate, which provides up to 
     $500,000,000 from funds available in this title for the 
     Commander's Emergency Response Program, and requires 
     quarterly reports regarding the use of these funds.
       The conferees include a general provision (Section 9007) as 
     proposed by the Senate, which provides that funds available 
     in this title may be used by the Department of Defense to 
     purchase armored vehicles for force protection, and requires 
     quarterly reports.
       The conferees include a general provision (Section 9008) as 
     proposed by the House and Senate, which provides that funds 
     available to the Department of Defense for operation and 
     maintenance may be used to provide supplies, services and 
     transportation to coalition forces in Afghanistan and Iraq.
       The conferees include a general provision (Section 9009) as 
     proposed by the House and Senate, which provides that for 
     construction projects in Iraq and Afghanistan funded with 
     operation and maintenance funds, supervisory and 
     administrative costs may be obligated when the contract is 
     awarded.
       The conferees include a general provision (Section 9010) as 
     proposed by the House and Senate, which requires the 
     Secretary of Defense to provide quarterly reports to Congress 
     on a comprehensive set of indicators and measures for 
     progress toward military and political stability in Iraq. The 
     conferees urge the Secretary to also address procedures and 
     guidelines to protect U.S. military and civilian personnel in 
     Iraq in the event of increased sectarian violence.
       The conferees include a general provision (Section 9011) as 
     proposed by the House, which contains a technical correction 
     to clarify the designation of certain funds.
       The conferees include a general provision (Section 9012) as 
     proposed by the House and Senate, which prohibits funds in 
     this Act for establishing permanent U.S. military 
     installations in Iraq or exercising U.S. control over oil 
     resources in Iraq.
       The conferees include a general provision (Section 9013), 
     which amends language, as proposed by the Senate, which 
     designates amounts appropriated or otherwise made available 
     in this title as making appropriations for contingency 
     operations related to the global war on terrorism. The House 
     included such designation in each appropriations account.
       The conferees delete language as proposed by the Senate, 
     which provided additional funds for the Army and Marine Corps 
     to fund equipment reset requirements resulting from 
     continuing combat operations. The conferees addressed this 
     matter in the appropriations accounts within this title.
       The conferees delete language as proposed by the Senate, 
     which provided funds for a pilot program of the Army National 
     Guard on the reintegration of the National Guard into 
     civilian life after deployment. This matter is addressed in 
     title II, under the account ``Operation and Maintenance, 
     Defense-Wide''.
       The conferees delete language as proposed by the Senate, 
     which provided funds for the procurement of hemostatic 
     agents. This matter is addressed in the appropriations 
     accounts within this title.
       The conferees delete language as proposed by the Senate, 
     which provided funds for National Guard and Reserve 
     equipment. This matter is addressed elsewhere within this 
     title.
       The conferees delete language as proposed by the Senate, 
     which required a report regarding sectarian violence in Iraq. 
     This matter is addressed elsewhere within this title.
       The conferees modify a general provision (Section 9014) as 
     proposed by the Senate, to provide funds for the purpose of 
     assisting peacekeeping forces in Darfur.
       The conferees delete language as proposed by the Senate, 
     which provided funds for the procurement of Predators. This 
     matter is addressed in this title under the account 
     ``Aircraft Procurement, Air Force''.
       The conferees include a general provision (Section 9015), 
     as proposed by the House, which prohibits the use of funds 
     provided in this Act to be used in contravention of laws or 
     regulations promulgated to implement the United Nations 
     Convention Against Torture and Other Cruel, Inhuman or 
     Degrading Treatment or Punishment.
       The conferees delete a general provision as proposed by the 
     Senate, to provide $700,000,000 for ``Drug Interdiction and 
     Counter-Drug Activities, Defense'', for counter-drug 
     activities in Afghanistan. This matter is addressed in this 
     title under the funding provided for this account.
       The conferees include a general provision (Section 9016) as 
     proposed by the House and the Senate, which provides that 
     none of the funds appropriated or otherwise made available by 
     this Act may be obligated or expended to provide award fees 
     to any defense contractor for performance that does not meet 
     the requirements of the contract.
       The conferees include a general provision (Section 9017) as 
     proposed by the Senate, which prohibits the use of funds to 
     enter into an agreement with the Iraq government that would 
     subject members of the Armed Forces to the jurisdiction of 
     Iraq criminal courts or punishment under Iraq law.
       The conferees include a general provision (Section 9018) 
     which amends language, as proposed by the Senate, which 
     allows the Secretary of the Army to reimburse a servicemember 
     for expenses incurred as a result of preparation for, or 
     execution of, military orders, when such expenses are not 
     reimbursable under law.

    TITLE X--FISCAL YEAR 2006 WILDLAND FIRE EMERGENCY APPROPRIATIONS

       Title X of the conference agreement provides $100,000,000 
     for the Department of the Interior and $100,000,000 for the 
     Forest Service in emergency firefighting funds. These funds 
     are critically needed for wildfire suppression activities and 
     to repay other appropriations accounts from which funds were 
     transferred on an emergency basis to pay for firefighting 
     costs. Fiscal year 2006 has been the worst wildfire year in 
     decades. The funds are related to unanticipated needs and are 
     for situations that are sudden, urgent, and unforeseen, 
     consistent with the Congressional budget resolution's 
     definition of emergency spending.

                 Compliance With House Resolution 1000

       The conference agreement contains no appropriations as 
     defined in House Resolution 1000 that were not otherwise 
     addressed in the House or Senate bills or reports.

[[Page 19585]]

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[[Page 19586]]

                DIVISION B--CONTINUING RESOLUTION, 2007

       The conference agreement includes division B making 
     continuing appropriations for fiscal year 2007 for those 
     departments and agencies for which appropriations will not be 
     enacted into law before October 1, 2006.

     Bill Young,
     Dave Hobson,
     Henry Bonilla,
     R.P. Frelinghuysen,
     Todd Tiahrt,
     Roger F. Wicker,
     Jack Kingston,
     Kay Granger,
     Ray LaHood,
     Jerry Lewis,
     J.P. Murtha,
     Norman D. Dicks,
     Martin Olav Sabo,
     Peter J. Visclosky,
     James P. Moran,
     Marcy Kaptur,
     David Obey,
                                Managers on the Part of the House.

     Ted Stevens,
     Thad Cochran,
     Arlen Specter,
     Peter V. Domenici,
     Christopher Bond,
     Mitch McConnell,
     Richard C. Shelby,
     Judd Gregg,
     Kay Bailey Hutchison,
     Conrad Burns,
     Daniel K. Inouye,
     Robert C. Byrd,
     Patrick Leahy,
     Tom Harkin,
     Byron L. Dorgan,
     Dick Durbin,
     Harry Reid,
     Dianne Feinstein,
     Barbara A. Mikulski,
     Managers on the Part of the Senate.

                          ____________________