[House Report 109-676]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 109-676
======================================================================
MAKING APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 2007, AND FOR OTHER PURPOSES
_______
September 25, 2006.--Ordered to be printed
_______
Mr. Young of Florida, from the committee on conference, submitted the
following
CONFERENCE REPORT
[To accompany H.R. 5631]
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.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army National
Guard while on duty under section 10211, 10302, or 12402 of
title 10 or section 708 of title 32, United States Code, or
while serving on duty under section 12301(d) of title 10 or
section 502(f) of title 32, United States Code, in connection
with performing duty specified in section 12310(a) of title 10,
United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and
expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military
Retirement Fund, $4,751,971,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air National
Guard on duty under section 10211, 10305, or 12402 of title 10
or section 708 of title 32, United States Code, or while
serving on duty under section 12301(d) of title 10 or section
502(f) of title 32, United States Code, in connection with
performing duty specified in section 12310(a) of title 10,
United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and
expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military
Retirement Fund, $2,067,752,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law;
and not to exceed $11,478,000 can be used for emergencies and
extraordinary expenses, to be expended on the approval or
authority of the Secretary of the Army, and payments may be
made on his certificate of necessity for confidential military
purposes, $22,397,581,000: Provided, That of funds made
available under this heading, $2,000,000 shall be available for
Fort Baker, in accordance with the terms and conditions as
provided under the heading ``Operation and Maintenance, Army'',
in Public Law 107-117.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law; and not to exceed $6,129,000 can be used for
emergencies and extraordinary expenses, to be expended on the
approval or authority of the Secretary of the Navy, and
payments may be made on his certificate of necessity for
confidential military purposes, $29,751,721,000.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by
law, $3,338,296,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by
law; and not to exceed $7,699,000 can be used for emergencies
and extraordinary expenses, to be expended on the approval or
authority of the Secretary of the Air Force, and payments may
be made on his certificate of necessity for confidential
military purposes, $28,774,928,000.
Operation and Maintenance, Defense-Wide
(INCLUDING TRANSFER OF FUNDS)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the
Department of Defense (other than the military departments), as
authorized by law, $19,948,799,000: Provided, That not more
than $25,000,000 may be used for the Combatant Commander
Initiative Fund authorized under section 166a of title 10,
United States Code: Provided further, That not to exceed
$36,000,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the
Secretary of Defense, and payments may be made on his
certificate of necessity for confidential military purposes:
Provided further, That of the funds made available under this
heading, $5,000,000 is available for contractor support to
coordinate a wind test demonstration project on an Air Force
installation using wind turbines manufactured in the United
States that are new to the United States market and to execute
the renewable energy purchasing plan: Provided further, That of
the funds provided under this heading, not less than
$26,837,000 shall be made available for the Procurement
Technical Assistance Cooperative Agreement Program, of which
not less than $3,600,000 shall be available for centers defined
in 10 U.S.C. 2411(1)(D): Provided further, That none of the
funds appropriated or otherwise made available by this Act may
be used to plan or implement the consolidation of a budget or
appropriations liaison office of the Office of the Secretary of
Defense, the office of the Secretary of a military department,
or the service headquarters of one of the Armed Forces into a
legislative affairs or legislative liaison office: Provided
further, That $4,000,000, to remain available until expended,
is available only for expenses relating to certain classified
activities, and may be transferred as necessary by the
Secretary to operation and maintenance appropriations or
research, development, test and evaluation appropriations, to
be merged with and to be available for the same time period as
the appropriations to which transferred: Provided further, That
any ceiling on the investment item unit cost of items that may
be purchased with operation and maintenance funds shall not
apply to the funds described in the preceding proviso: Provided
further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
elsewhere in this Act.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Army Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$1,957,888,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Navy Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$1,223,628,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Marine Corps Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications, $199,032,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Air Force Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications, $2,563,751,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the
Army National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities; hire of
passenger motor vehicles; personnel services in the National
Guard Bureau; travel expenses (other than mileage), as
authorized by law for Army personnel on active duty, for Army
National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National
Guard Bureau; supplying and equipping the Army National Guard
as authorized by law; and expenses of repair, modification,
maintenance, and issue of supplies and equipment (including
aircraft), $4,323,783,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the
Air National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities;
transportation of things, hire of passenger motor vehicles;
supplying and equipping the Air National Guard, as authorized
by law; expenses for repair, modification, maintenance, and
issue of supplies and equipment, including those furnished from
stocks under the control of agencies of the Department of
Defense; travel expenses (other than mileage) on the same basis
as authorized by law for Air National Guard personnel on active
Federal duty, for Air National Guard commanders while
inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National
Guard Bureau, $4,831,185,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States
Court of Appeals for the Armed Forces, $11,721,000, of which
not to exceed $5,000 may be used for official representation
purposes.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian,
Disaster, and Civic Aid programs of the Department of Defense
(consisting of the programs provided under sections 401, 402,
404, 2557, and 2561 of title 10, United States Code),
$63,204,000, to remain available until September 30, 2008.
Former Soviet Union Threat Reduction Account
For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure
transportation and storage of nuclear, chemical and other
weapons; for establishing programs to prevent the proliferation
of weapons, weapons components, and weapon-related technology
and expertise; for programs relating to the training and
support of defense and military personnel for demilitarization
and protection of weapons, weapons components and weapons
technology and expertise, and for defense and military
contacts, $372,128,000, to remain available until September 30,
2009: Provided, That of the amounts provided under this
heading, $15,000,000 shall be available only to support the
dismantling and disposal of nuclear submarines, submarine
reactor components, and security enhancements for transport and
storage of nuclear warheads in the Russian Far East.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices; expansion
of public and private plants, including the land necessary
therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes, $3,502,483,000, to remain
available for obligation until September 30, 2009: Provided,
That $19,200,000 of the funds provided in this paragraph are
available only for the purpose of acquiring one HH-60L medical
evacuation variant Blackhawk helicopter only for the Army
Reserve.
Missile Procurement, Army
For construction, procurement, production, modification,
and modernization of missiles, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices; expansion
of public and private plants, including the land necessary
therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes, $1,278,967,000, to remain
available for obligation until September 30, 2009.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification
of weapons and tracked combat vehicles, equipment, including
ordnance, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private
plants, including the land necessary therefor, for the
foregoing purposes, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes, $1,906,368,000, to remain available for
obligation until September 30, 2009.
Procurement of Ammunition, Army
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment
and training devices; expansion of public and private plants,
including ammunition facilities, authorized by section 2854 of
title 10, United States Code, and the land necessary therefor,
for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes, $1,719,879,000, to remain available for
obligation until September 30, 2009.
Other Procurement, Army
For construction, procurement, production, and modification
of vehicles, including tactical, support, and non-tracked
combat vehicles; the purchase of passenger motor vehicles for
replacement only; and the purchase of 3 vehicles required for
physical security of personnel, notwithstanding price
limitations applicable to passenger vehicles, but not to exceed
$255,000 per vehicle; communications and electronic equipment;
other support equipment; spare parts, ordnance, and accessories
therefor; specialized equipment and training devices; expansion
of public and private plants, including the land necessary
therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes, $7,004,914,000, to remain
available for obligation until September 30, 2009.
Aircraft Procurement, Navy
For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment;
expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway, $10,393,316,000, to remain available for
obligation until September 30, 2009.
Weapons Procurement, Navy
For construction, procurement, production, modification,
and modernization of missiles, torpedoes, other weapons, and
related support equipment including spare parts, and
accessories therefor; expansion of public and private plants,
including the land necessary therefor, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway, $2,573,820,000, to remain
available for obligation until September 30, 2009.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment
and training devices; expansion of public and private plants,
including ammunition facilities, authorized by section 2854 of
title 10, United States Code, and the land necessary therefor,
for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes, $767,314,000, to remain available for
obligation until September 30, 2009.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition,
or conversion of vessels as authorized by law, including armor
and armament thereof, plant equipment, appliances, and machine
tools and installation thereof in public and private plants;
reserve plant and Government and contractor-owned equipment
layaway; procurement of critical, long leadtime components and
designs for vessels to be constructed or converted in the
future; and expansion of public and private plants, including
land necessary therefor, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title, as follows:
Carrier Replacement Program (AP), $791,893,000;
NSSN, $1,775,472,000;
NSSN (AP), $676,582,000;
CVN Refuelings, $954,495,000;
CVN Refuelings (AP), $117,139,000;
SSBN Submarine Refuelings, $189,022,000;
SSBN Submarine Refuelings (AP), $37,154,000;
DDG-1000 Program, $2,568,111,000;
DDG-51 Destroyer, $355,849,000;
Littoral Combat Ship, $520,670,000;
LPD-17 (AP), $297,492,000;
LHA-R, $1,135,917,000;
Special Purpose Craft, $2,900,000;
T-AGS Oceanographic Survey Ship, $117,000,000;
LCAC Service Life Extension Program, $110,692,000;
Prior year shipbuilding costs, $512,849,000;
Service Craft, $45,245,000; and
For outfitting, post delivery, conversions, and
first destination transportation, $370,643,000.
In all: $10,579,125,000, to remain available for obligation
until September 30, 2011: Provided, That additional obligations
may be incurred after September 30, 2011, for engineering
services, tests, evaluations, and other such budgeted work that
must be performed in the final stage of ship construction:
Provided further, That none of the funds provided under this
heading for the construction or conversion of any naval vessel
to be constructed in shipyards in the United States shall be
expended in foreign facilities for the construction of major
components of such vessel: Provided further, That none of the
funds provided under this heading shall be used for the
construction of any naval vessel in foreign shipyards.
Other Procurement, Navy
For procurement, production, and modernization of support
equipment and materials not otherwise provided for, Navy
ordnance (except ordnance for new aircraft, new ships, and
ships authorized for conversion); the purchase of passenger
motor vehicles for replacement only, and the purchase of 10
vehicles required for physical security of personnel,
notwithstanding price limitations applicable to passenger
vehicles, but not to exceed $255,000 per vehicle; expansion of
public and private plants, including the land necessary
therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval
of title; and procurement and installation of equipment,
appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment
layaway, $4,927,676,000, to remain available for obligation
until September 30, 2009.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture,
and modification of missiles, armament, military equipment,
spare parts, and accessories therefor; plant equipment,
appliances, and machine tools, and installation thereof in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; vehicles for the Marine
Corps, including the purchase of passenger motor vehicles for
replacement only; and expansion of public and private plants,
including land necessary therefor, and such lands and interests
therein, may be acquired, and construction prosecuted thereon
prior to approval of title, $894,571,000, to remain available
for obligation until September 30, 2009.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft
and equipment, including armor and armament, specialized ground
handling equipment, and training devices, spare parts, and
accessories therefor; specialized equipment; expansion of
public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes including
rents and transportation of things, $11,643,356,000, to remain
available for obligation until September 30, 2009.
Missile Procurement, Air Force
For construction, procurement, and modification of
missiles, spacecraft, rockets, and related equipment, including
spare parts and accessories therefor, ground handling
equipment, and training devices; expansion of public and
private plants, Government-owned equipment and installation
thereof in such plants, erection of structures, and acquisition
of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents
and transportation of things, $3,914,703,000, to remain
available for obligation until September 30, 2009.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment
and training devices; expansion of public and private plants,
including ammunition facilities, authorized by section 2854 of
title 10, United States Code, and the land necessary therefor,
for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes, $1,054,302,000, to remain available for
obligation until September 30, 2009.
Other Procurement, Air Force
For procurement and modification of equipment (including
ground guidance and electronic control equipment, and ground
electronic and communication equipment), and supplies,
materials, and spare parts therefor, not otherwise provided
for; the purchase of passenger motor vehicles for replacement
only, and the purchase of 2 vehicles required for physical
security of personnel, notwithstanding price limitations
applicable to passenger vehicles, but not to exceed $255,000
per vehicle; lease of passenger motor vehicles; and expansion
of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon, prior to approval of title; reserve plant
and Government and contractor-owned equipment layaway,
$15,493,486,000, to remain available for obligation until
September 30, 2009.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department
of Defense (other than the military departments) necessary for
procurement, production, and modification of equipment,
supplies, materials, and spare parts therefor, not otherwise
provided for; the purchase of passenger motor vehicles for
replacement only, and the purchase of 5 vehicles required for
physical security of personnel, notwithstanding prior
limitations applicable to passenger vehicles, but not to exceed
$255,000 per vehicle; expansion of public and private plants,
equipment, and installation thereof in such plants, erection of
structures, and acquisition of land for the foregoing purposes,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway, $2,903,292,000, to remain available for obligation
until September 30, 2009.
National Guard and Reserve Equipment
For procurement of aircraft, missiles, tracked combat
vehicles, ammunition, other weapons, and other procurement for
the reserve components of the Armed Forces, $290,000,000, to
remain available for obligation until September 30, 2009:
Provided, That the Chiefs of the Reserve and National Guard
components shall, not later than 30 days after the enactment of
this Act, individually submit to the congressional defense
committees the modernization priority assessment for their
respective Reserve or National Guard component.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to
sections 108, 301, 302, and 303 of the Defense Production Act
of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093),
$63,184,000, to remain available until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of facilities
and equipment, $11,054,958,000, to remain available for
obligation until September 30, 2008.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of facilities
and equipment, $18,673,894,000, to remain available for
obligation until September 30, 2008: Provided, That funds
appropriated in this paragraph which are available for the V-22
may be used to meet unique operational requirements of the
Special Operations Forces: Provided further, That funds
appropriated in this paragraph shall be available for the Cobra
Judy program.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of facilities
and equipment, $24,516,276,000, to remain available for
obligation until September 30, 2008.
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department
of Defense (other than the military departments), necessary for
basic and applied scientific research, development, test and
evaluation; advanced research projects as may be designated and
determined by the Secretary of Defense, pursuant to law;
maintenance, rehabilitation, lease, and operation of facilities
and equipment, $21,291,056,000, to remain available for
obligation until September 30, 2008.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation, in the direction and supervision of operational
test and evaluation, including initial operational test and
evaluation which is conducted prior to, and in support of,
production decisions; joint operational testing and evaluation;
and administrative expenses in connection therewith,
$185,420,000, to remain available for obligation until
September 30, 2008.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,345,998,000.
National Defense Sealift Fund
For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve
Fleet, as established by section 11 of the Merchant Ship Sales
Act of 1946 (50 U.S.C. App. 1744), and for the necessary
expenses to maintain and preserve a U.S.-flag merchant fleet to
serve the national security needs of the United States,
$1,071,932,000, to remain available until expended: Provided,
That none of the funds provided in this paragraph shall be used
to award a new contract that provides for the acquisition of
any of the following major components unless such components
are manufactured in the United States: auxiliary equipment,
including pumps, for all shipboard services; propulsion system
components (that is; engines, reduction gears, and propellers);
shipboard cranes; and spreaders for shipboard cranes: Provided
further, That the exercise of an option in a contract awarded
through the obligation of previously appropriated funds shall
not be considered to be the award of a new contract: Provided
further, That the Secretary of the military department
responsible for such procurement may waive the restrictions in
the first proviso on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic supplies
are not available to meet Department of Defense requirements on
a timely basis and that such an acquisition must be made in
order to acquire capability for national security purposes.
Pentagon Reservation Maintenance Revolving Fund
For the Pentagon Reservation Maintenance Revolving Fund,
$18,500,000, to remain available until September 30, 2011.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Chemical Agents and Munitions Destruction, Army
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical
agents and munitions, to include construction of facilities, in
accordance with the provisions of section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521),
and for the destruction of other chemical warfare materials
that are not in the chemical weapon stockpile, $1,277,304,000,
of which $1,046,290,000 shall be for Operation and maintenance;
$231,014,000 shall be for Research, development, test and
evaluation, of which $215,944,000 shall only be for the
Assembled Chemical Weapons Alternatives (ACWA) program, to
remain available until September 30, 2008; and no less than
$111,283,000 shall be for the Chemical Stockpile Emergency
Preparedness Program, of which $41,074,000 shall be for
activities on military installations and of which $70,209,000,
to remain available until September 30, 2008, shall be to
assist State and local governments.
Drug Interdiction and Counter-Drug Activities, Defense
(INCLUDING TRANSFER OF FUNDS)
For drug interdiction and counter-drug activities of the
Department of Defense, for transfer to appropriations available
to the Department of Defense for military personnel of the
reserve components serving under the provisions of title 10 and
title 32, United States Code; for Operation and maintenance;
for Procurement; and for Research, development, test and
evaluation, $977,632,000: Provided, That the funds appropriated
under this heading shall be available for obligation for the
same time period and for the same purpose as the appropriation
to which transferred: Provided further, That upon a
determination that all or part of the funds transferred from
this appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority contained elsewhere in this Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector
General in carrying out the provisions of the Inspector General
Act of 1978, as amended, $216,297,000, of which $214,897,000
shall be for Operation and maintenance, of which not to exceed
$700,000 is available for emergencies and extraordinary
expenses to be expended on the approval or authority of the
Inspector General, and payments may be made on the Inspector
General's certificate of necessity for confidential military
purposes; and of which $1,400,000, to remain available until
September 30, 2009, shall be for Procurement.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement
and Disability System Fund, to maintain the proper funding
level for continuing the operation of the Central Intelligence
Agency Retirement and Disability System, $256,400,000.
Intelligence Community Management Account
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Intelligence Community
Management Account, $621,611,000, of which $36,268,000 for the
Advanced Research and Development Committee shall remain
available until September 30, 2008: Provided, That of the funds
appropriated under this heading, $39,000,000 shall be
transferred to the Department of Justice for the National Drug
Intelligence Center to support the Department of Defense's
counter-drug intelligence responsibilities, and of the said
amount, $1,500,000 for Procurement shall remain available until
September 30, 2009 and $1,000,000 for Research, development,
test and evaluation shall remain available until September 30,
2008: Provided further, That the National Drug Intelligence
Center shall maintain the personnel and technical resources to
provide timely support to law enforcement authorities and the
intelligence community by conducting document and computer
exploitation of materials collected in Federal, State, and
local law enforcement activity associated with counter-drug,
counter-terrorism, and national security investigations and
operations.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 8002. During the current fiscal year, provisions of
law prohibiting the payment of compensation to, or employment
of, any person not a citizen of the United States shall not
apply to personnel of the Department of Defense: Provided, That
salary increases granted to direct and indirect hire foreign
national employees of the Department of Defense funded by this
Act shall not be at a rate in excess of the percentage increase
authorized by law for civilian employees of the Department of
Defense whose pay is computed under the provisions of section
5332 of title 5, United States Code, or at a rate in excess of
the percentage increase provided by the appropriate host nation
to its own employees, whichever is higher: Provided further,
That this section shall not apply to Department of Defense
foreign service national employees serving at United States
diplomatic missions whose pay is set by the Department of State
under the Foreign Service Act of 1980: Provided further, That
the limitations of this provision shall not apply to foreign
national employees of the Department of Defense in the Republic
of Turkey.
Sec. 8003. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year, unless expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations in
this Act which are limited for obligation during the current
fiscal year shall be obligated during the last 2 months of the
fiscal year: Provided, That this section shall not apply to
obligations for support of active duty training of reserve
components or summer camp training of the Reserve Officers'
Training Corps.
(TRANSFER OF FUNDS)
Sec. 8005. Upon determination by the Secretary of Defense
that such action is necessary in the national interest, he may,
with the approval of the Office of Management and Budget,
transfer not to exceed $4,500,000,000 of working capital funds
of the Department of Defense or funds made available in this
Act to the Department of Defense for military functions (except
military construction) between such appropriations or funds or
any subdivision thereof, to be merged with and to be available
for the same purposes, and for the same time period, as the
appropriation or fund to which transferred: Provided, That such
authority to transfer may not be used unless for higher
priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where
the item for which funds are requested has been denied by the
Congress: Provided further, That the Secretary of Defense shall
notify the Congress promptly of all transfers made pursuant to
this authority or any other authority in this Act: Provided
further, That no part of the funds in this Act shall be
available to prepare or present a request to the Committees on
Appropriations for reprogramming of funds, unless for higher
priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where
the item for which reprogramming is requested has been denied
by the Congress: Provided further, That a request for multiple
reprogrammings of funds using authority provided in this
section must be made prior to June 30, 2007: Provided further,
That transfers among military personnel appropriations shall
not be taken into account for purposes of the limitation on the
amount of funds that may be transferred under this section:
Provided further, That no obligation of funds may be made
pursuant to section 1206 of Public Law 109-163 (or any
successor provision) unless the Secretary of Defense has
notified the congressional defense committees prior to any such
obligation.
(TRANSFER OF FUNDS)
Sec. 8006. During the current fiscal year, cash balances in
working capital funds of the Department of Defense established
pursuant to section 2208 of title 10, United States Code, may
be maintained in only such amounts as are necessary at any time
for cash disbursements to be made from such funds: Provided,
That transfers may be made between such funds: Provided
further, That transfers may be made between working capital
funds and the ``Foreign Currency Fluctuations, Defense''
appropriation and the ``Operation and Maintenance''
appropriation accounts in such amounts as may be determined by
the Secretary of Defense, with the approval of the Office of
Management and Budget, except that such transfers may not be
made unless the Secretary of Defense has notified the Congress
of the proposed transfer. Except in amounts equal to the
amounts appropriated to working capital funds in this Act, no
obligations may be made against a working capital fund to
procure or increase the value of war reserve material
inventory, unless the Secretary of Defense has notified the
Congress prior to any such obligation.
Sec. 8007. Funds appropriated by this Act may not be used
to initiate a special access program without prior notification
30 calendar days in advance to the congressional defense
committees.
Sec. 8008. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs
economic order quantity procurement in excess of $20,000,000 in
any 1 year of the contract or that includes an unfunded
contingent liability in excess of $20,000,000; or (2) a
contract for advance procurement leading to a multiyear
contract that employs economic order quantity procurement in
excess of $20,000,000 in any 1 year, unless the congressional
defense committees have been notified at least 30 days in
advance of the proposed contract award: Provided, That no part
of any appropriation contained in this Act shall be available
to initiate a multiyear contract for which the economic order
quantity advance procurement is not funded at least to the
limits of the Government's liability: Provided further, That no
part of any appropriation contained in this Act shall be
available to initiate multiyear procurement contracts for any
systems or component thereof if the value of the multiyear
contract would exceed $500,000,000 unless specifically provided
in this Act: Provided further, That no multiyear procurement
contract can be terminated without 10-day prior notification to
the congressional defense committees: Provided further, That
the execution of multiyear authority shall require the use of a
present value analysis to determine lowest cost compared to an
annual procurement: Provided further, That none of the funds
provided in this Act may be used for a multiyear contract
executed after the date of the enactment of this Act unless in
the case of any such contract--
(1) the Secretary of Defense has submitted to
Congress a budget request for full funding of units to
be procured through the contract and, in the case of a
contract for procurement of aircraft, that includes,
for any aircraft unit to be procured through the
contract for which procurement funds are requested in
that budget request for production beyond advance
procurement activities in the fiscal year covered by
the budget, full funding of procurement of such unit in
that fiscal year;
(2) cancellation provisions in the contract do not
include consideration of recurring manufacturing costs
of the contractor associated with the production of
unfunded units to be delivered under the contract;
(3) the contract provides that payments to the
contractor under the contract shall not be made in
advance of incurred costs on funded units; and
(4) the contract does not provide for a price
adjustment based on a failure to award a follow-on
contract.
Funds appropriated in title III of this Act may be used for
a multiyear procurement contract as follows:
C-17 Globemaster; F-22A; MH-60R Helicopters; MH-60R
Helicopter mission equipment; and V-22 Osprey.
Sec. 8009. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby
appropriated pursuant to section 401 of title 10, United States
Code, for humanitarian and civic assistance costs under chapter
20 of title 10, United States Code. Such funds may also be
obligated for humanitarian and civic assistance costs
incidental to authorized operations and pursuant to authority
granted in section 401 of chapter 20 of title 10, United States
Code, and these obligations shall be reported as required by
section 401(d) of title 10, United States Code: Provided, That
funds available for operation and maintenance shall be
available for providing humanitarian and similar assistance by
using Civic Action Teams in the Trust Territories of the
Pacific Islands and freely associated states of Micronesia,
pursuant to the Compact of Free Association as authorized by
Public Law 99-239: Provided further, That upon a determination
by the Secretary of the Army that such action is beneficial for
graduate medical education programs conducted at Army medical
facilities located in Hawaii, the Secretary of the Army may
authorize the provision of medical services at such facilities
and transportation to such facilities, on a nonreimbursable
basis, for civilian patients from American Samoa, the
Commonwealth of the Northern Mariana Islands, the Marshall
Islands, the Federated States of Micronesia, Palau, and Guam.
Sec. 8010. (a) During fiscal year 2007, the civilian
personnel of the Department of Defense may not be managed on
the basis of any end-strength, and the management of such
personnel during that fiscal year shall not be subject to any
constraint or limitation (known as an end-strength) on the
number of such personnel who may be employed on the last day of
such fiscal year.
(b) The fiscal year 2008 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2008 Department of
Defense budget request shall be prepared and submitted to the
Congress as if subsections (a) and (b) of this provision were
effective with regard to fiscal year 2008.
(c) Nothing in this section shall be construed to apply to
military (civilian) technicians.
Sec. 8011. None of the funds made available by this Act
shall be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before the Congress.
Sec. 8012. None of the funds appropriated by this Act shall
be available for the basic pay and allowances of any member of
the Army participating as a full-time student and receiving
benefits paid by the Secretary of Veterans Affairs from the
Department of Defense Education Benefits Fund when time spent
as a full-time student is credited toward completion of a
service commitment: Provided, That this section shall not apply
to those members who have reenlisted with this option prior to
October 1, 1987: Provided further, That this section applies
only to active components of the Army.
Sec. 8013. (a) Limitation on Conversion to Contractor
Performance.--None of the funds appropriated by this Act shall
be available to convert to contractor performance an activity
or function of the Department of Defense that, on or after the
date of the enactment of this Act, is performed by more than 10
Department of Defense civilian employees unless--
(1) the conversion is based on the result of a
public-private competition that includes a most
efficient and cost effective organization plan
developed by such activity or function;
(2) the Competitive Sourcing Official determines
that, over all performance periods stated in the
solicitation of offers for performance of the activity
or function, the cost of performance of the activity or
function by a contractor would be less costly to the
Department of Defense by an amount that equals or
exceeds the lesser of--
(A) 10 percent of the most efficient
organization's personnel-related costs for
performance of that activity or function by
Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage
for a proposal that would reduce costs for the
Department of Defense by--
(A) not making an employer-sponsored health
insurance plan available to the workers who are
to be employed in the performance of that
activity or function under the contract; or
(B) offering to such workers an employer-
sponsored health benefits plan that requires
the employer to contribute less towards the
premium or subscription share than the amount
that is paid by the Department of Defense for
health benefits for civilian employees under
chapter 89 of title 5, United States Code.
(b) Exceptions.--
(1) The Department of Defense, without regard to
subsection (a) of this section or 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 program participants under section 602 of Public Law 100-
656, 102 Stat. 3825 (Business Opportunity Development Reform
Act of 1988) for purposes of contracting with agencies of the
Department of Defense.
Sec. 8019. None of the funds appropriated by this Act shall
be available to perform any cost study pursuant to the
provisions of OMB Circular A-76 if the study being performed
exceeds a period of 24 months after initiation of such study
with respect to a single function activity or 30 months after
initiation of such study for a multi-function activity.
Sec. 8020. Funds appropriated by this Act for the American
Forces Information Service shall not be used for any national
or international political or psychological activities.
Sec. 8021. During the current fiscal year, the Department
of Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of
title 10, United States Code, in anticipation of receipt of
contributions, only from the Government of Kuwait, under that
section: Provided, That upon receipt, such contributions from
the Government of Kuwait shall be credited to the
appropriations or fund which incurred such obligations.
Sec. 8022. (a) Of the funds made available in this Act, not
less than $35,975,000 shall be available for the Civil Air
Patrol Corporation, of which--
(1) $25,087,000 shall be available from ``Operation
and Maintenance, Air Force'' to support Civil Air
Patrol Corporation operation and maintenance,
readiness, counterdrug activities, and drug demand
reduction activities involving youth programs;
(2) $10,193,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $695,000 shall be available from ``Other
Procurement, Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive
reimbursement for any funds used by the Civil Air Patrol for
counter-drug activities in support of Federal, State, and local
government agencies.
Sec. 8023. (a) None of the funds appropriated in this Act
are available to establish a new Department of Defense
(department) federally funded research and development center
(FFRDC), either as a new entity, or as a separate entity
administrated by an organization managing another FFRDC, or as
a nonprofit membership corporation consisting of a consortium
of other FFRDCs and other non-profit entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or
any similar entity of a defense FFRDC, and no paid consultant
to any defense FFRDC, except when acting in a technical
advisory capacity, may be compensated for his or her services
as a member of such entity, or as a paid consultant by more
than one FFRDC in a fiscal year: Provided, That a member of any
such entity referred to previously in this subsection shall be
allowed travel expenses and per diem as authorized under the
Federal Joint Travel Regulations, when engaged in the
performance of membership duties.
(c) Notwithstanding any other provision of law, none of the
funds available to the department from any source during fiscal
year 2007 may be used by a defense FFRDC, through a fee or
other payment mechanism, for construction of new buildings, for
payment of cost sharing for projects funded by Government
grants, for absorption of contract overruns, or for certain
charitable contributions, not to include employee participation
in community service and/or development.
(d) Notwithstanding any other provision of law, of the
funds available to the department during fiscal year 2007, not
more than 5,517 staff years of technical effort (staff years)
may be funded for defense FFRDCs: Provided, That of the
specific amount referred to previously in this subsection, not
more than 1,060 staff years may be funded for the defense
studies and analysis FFRDCs: Provided further, That this
subsection shall not apply to staff years funded in the
National Intelligence Program (NIP) and the Military
Intelligence Program (MIP).
(e) The Secretary of Defense shall, with the submission of
the department's fiscal year 2008 budget request, submit a
report presenting the specific amounts of staff years of
technical effort to be allocated for each defense FFRDC during
that fiscal year.
(f) Notwithstanding any other provision of this Act, the
total amount appropriated in this Act for FFRDCs is hereby
reduced by $53,200,000.
Sec. 8024. None of the funds appropriated or made available
in this Act shall be used to procure carbon, alloy or armor
steel plate for use in any Government-owned facility or
property under the control of the Department of Defense which
were not melted and rolled in the United States or Canada:
Provided, That these procurement restrictions shall apply to
any and all Federal Supply Class 9515, American Society of
Testing and Materials (ASTM) or American Iron and Steel
Institute (AISI) specifications of carbon, alloy or armor steel
plate: Provided further, That the Secretary of the military
department responsible for the procurement may waive this
restriction on a case-by-case basis by certifying in writing to
the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic supplies
are not available to meet Department of Defense requirements on
a timely basis and that such an acquisition must be made in
order to acquire capability for national security purposes:
Provided further, That these restrictions shall not apply to
contracts which are in being as of the date of the enactment of
this Act.
Sec. 8025. For the purposes of this Act, the term
``congressional defense committees'' means the Armed Services
Committee of the House of Representatives, the Armed Services
Committee of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the Subcommittee
on Defense of the Committee on Appropriations of the House of
Representatives.
Sec. 8026. During the current fiscal year, the Department
of Defense may acquire the modification, depot maintenance and
repair of aircraft, vehicles and vessels as well as the
production of components and other Defense-related articles,
through competition between Department of Defense depot
maintenance activities and private firms: Provided, That the
Senior Acquisition Executive of the military department or
Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of
all direct and indirect costs for both public and private bids:
Provided further, That Office of Management and Budget Circular
A-76 shall not apply to competitions conducted under this
section.
Sec. 8027. (a)(1) If the Secretary of Defense, after
consultation with the United States Trade Representative,
determines that a foreign country which is party to an
agreement described in paragraph (2) has violated the terms of
the agreement by discriminating against certain types of
products produced in the United States that are covered by the
agreement, the Secretary of Defense shall rescind the
Secretary's blanket waiver of the Buy American Act with respect
to such types of products produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of understanding,
between the United States and a foreign country pursuant to
which the Secretary of Defense has prospectively waived the Buy
American Act for certain products in that country.
(b) The Secretary of Defense shall submit to the Congress a
report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2007. Such report shall
separately indicate the dollar value of items for which the Buy
American Act was waived pursuant to any agreement described in
subsection (a)(2), the Trade Agreement Act of 1979 (19 U.S.C.
2501 et seq.), or any international agreement to which the
United States is a party.
(c) For purposes of this section, the term ``Buy American
Act'' means title III of the Act entitled ``An Act making
appropriations for the Treasury and Post Office Departments for
the fiscal year ending June 30, 1934, and for other purposes'',
approved March 3, 1933 (41 U.S.C. 10a et seq.).
Sec. 8028. Notwithstanding any other provision of law,
funds available during the current fiscal year and hereafter
for ``Drug Interdiction and Counter-Drug Activities, Defense''
may be obligated for the Young Marines program.
Sec. 8029. During the current fiscal year, amounts
contained in the Department of Defense Overseas Military
Facility Investment Recovery Account established by section
2921(c)(1) of the National Defense Authorization Act of 1991
(Public Law 101-510; 10 U.S.C. 2687 note) shall be available
until expended for the payments specified by section 2921(c)(2)
of that Act.
Sec. 8030. (a) In General.--Notwithstanding any other
provision of law, the Secretary of the Air Force may convey at
no cost to the Air Force, without consideration, to Indian
tribes located in the States of North Dakota, South Dakota,
Montana, and Minnesota relocatable military housing units
located at Grand Forks Air Force Base and Minot Air Force Base
that are excess to the needs of the Air Force.
(b) Processing of Requests.--The Secretary of the Air Force
shall convey, at no cost to the Air Force, military housing
units under subsection (a) in accordance with the request for
such units that are submitted to the Secretary by the Operation
Walking Shield Program on behalf of Indian tribes located in
the States of North Dakota, South Dakota, Montana, and
Minnesota.
(c) Resolution of Housing Unit Conflicts.--The Operation
Walking Shield Program shall resolve any conflicts among
requests of Indian tribes for housing units under subsection
(a) before submitting requests to the Secretary of the Air
Force under subsection (b).
(d) Indian Tribe Defined.--In this section, the term
``Indian tribe'' means any recognized Indian tribe included on
the current list published by the Secretary of the Interior
under section 104 of the Federally Recognized Indian Tribe Act
of 1994 (Public Law 103-454; 108 Stat. 4792; 25 U.S.C. 479a-1).
Sec. 8031. During the current fiscal year, appropriations
which are available to the Department of Defense for operation
and maintenance may be used to purchase items having an
investment item unit cost of not more than $250,000.
Sec. 8032. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense
Working Capital Funds shall be used for the purchase of an
investment item for the purpose of acquiring a new inventory
item for sale or anticipated sale during the current fiscal
year or a subsequent fiscal year to customers of the Department
of Defense Working Capital Funds if such an item would not have
been chargeable to the Department of Defense Business
Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current
fiscal year to appropriations made to the Department of Defense
for procurement.
(b) The fiscal year 2008 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2008 Department of
Defense budget shall be prepared and submitted to the Congress
on the basis that any equipment which was classified as an end
item and funded in a procurement appropriation contained in
this Act shall be budgeted for in a proposed fiscal year 2008
procurement appropriation and not in the supply management
business area or any other area or category of the Department
of Defense Working Capital Funds.
Sec. 8033. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain
available for obligation beyond the current fiscal year, except
for funds appropriated for the Reserve for Contingencies, which
shall remain available until September 30, 2008: Provided, That
funds appropriated, transferred, or otherwise credited to the
Central Intelligence Agency Central Services Working Capital
Fund during this or any prior or subsequent fiscal year shall
remain available until expended: Provided further, That any
funds appropriated or transferred to the Central Intelligence
Agency for advanced research and development acquisition, for
agent operations, and for covert action programs authorized by
the President under section 503 of the National Security Act of
1947, as amended, shall remain available until September 30,
2008.
Sec. 8034. Notwithstanding any other provision of law,
funds made available in this Act for the Defense Intelligence
Agency may be used for the design, development, and deployment
of General Defense Intelligence Program intelligence
communications and intelligence information systems for the
Services, the Unified and Specified Commands, and the component
commands.
Sec. 8035. Of the funds appropriated to the Department of
Defense under the heading ``Operation and Maintenance, Defense-
Wide'', not less than $10,000,000 shall be made available only
for the mitigation of environmental impacts, including training
and technical assistance to tribes, related administrative
support, the gathering of information, documenting of
environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of
Defense activities.
Sec. 8036. (a) None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense
unless the entity, in expending the funds, complies with the
Buy American Act. For purposes of this subsection, the term
``Buy American Act'' means title III of the Act entitled ``An
Act making appropriations for the Treasury and Post Office
Departments for the fiscal year ending June 30, 1934, and for
other purposes'', approved March 3, 1933 (41 U.S.C. 10a et
seq.).
(b) If the Secretary of Defense determines that a person
has been convicted of intentionally affixing a label bearing a
``Made in America'' inscription to any product sold in or
shipped to the United States that is not made in America, the
Secretary shall determine, in accordance with section 2410f of
title 10, United States Code, whether the person should be
debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the
Congress that any entity of the Department of Defense, in
expending the appropriation, purchase only American-made
equipment and products, provided that American-made equipment
and products are cost-competitive, quality-competitive, and
available in a timely fashion.
Sec. 8037. None of the funds appropriated by this Act shall
be available for a contract for studies, analysis, or
consulting services entered into without competition on the
basis of an unsolicited proposal unless the head of the
activity responsible for the procurement determines--
(1) as a result of thorough technical evaluation,
only one source is found fully qualified to perform the
proposed work;
(2) the purpose of the contract is to explore an
unsolicited proposal which offers significant
scientific or technological promise, represents the
product of original thinking, and was submitted in
confidence by one source; or
(3) the purpose of the contract is to take
advantage of unique and significant industrial
accomplishment by a specific concern, or to insure that
a new product or idea of a specific concern is given
financial support: Provided, That this limitation shall
not apply to contracts in an amount of less than
$25,000, contracts related to improvements of equipment
that is in development or production, or contracts as
to which a civilian official of the Department of
Defense, who has been confirmed by the Senate,
determines that the award of such contract is in the
interest of the national defense.
Sec. 8038. (a) Except as provided in subsection (b) and
(c), none of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed
Forces or civilian employee of the department who is
transferred or reassigned from a headquarters activity
if the member or employee's place of duty remains at
the location of that headquarters.
(b) The Secretary of Defense or Secretary of a military
department may waive the limitations in subsection (a), on a
case-by-case basis, if the Secretary determines, and certifies
to the Committees on Appropriations of the House of
Representatives and Senate that the granting of the waiver will
reduce the personnel requirements or the financial requirements
of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the
National Intelligence Program; or
(2) an Army field operating agency established to
eliminate, mitigate, or counter the effects of
improvised explosive devices, and, as determined by the
Secretary of the Army, other similar threats.
Sec. 8039. The Secretary of Defense, notwithstanding any
other provision of law, acting through the Office of Economic
Adjustment of the Department of Defense, may use funds made
available in this Act under the heading ``Operation and
Maintenance, Defense-Wide'' to make grants and supplement other
Federal funds in accordance with the guidance provided in the
Joint Explanatory Statement of the Committee of Conference to
accompany the conference report on the bill H.R. 5631.
(RESCISSIONS)
Sec. 8040. Of the funds appropriated in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded from the following accounts and programs in the
specified amounts:
Shipbuilding and Conversion, Navy, 2005/2009,
$11,245,000;
Aircraft Procurement, Air Force, 2005/2007,
$108,000,000;
Other Procurement, Army, 2006/2008, $120,200,000;
Aircraft Procurement, Navy, 2006/2008, $76,700,000;
Aircraft Procurement, Air Force, 2006/2008,
$141,100,000;
Missile Procurement, Air Force, 2006/2008,
$142,000,000;
Research, Development, Test and Evaluation, Army,
2006/2007, $21,600,000;
Research, Development, Test and Evaluation, Navy,
2006/2007, $35,798,000;
Research, Development, Test and Evaluation, Air
Force, 2006/2007, $92,800,000;
Research, Development, Test and Evaluation,
Defense-Wide, 2006/2007, $120,700,000.
Sec. 8041. None of the funds available in this Act may be
used to reduce the authorized positions for military (civilian)
technicians of the Army National Guard, the Air National Guard,
Army Reserve and Air Force Reserve for the purpose of applying
any administratively imposed civilian personnel ceiling,
freeze, or reduction on military (civilian) technicians, unless
such reductions are a direct result of a reduction in military
force structure.
Sec. 8042. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for
assistance to the Democratic People's Republic of North Korea
unless specifically appropriated for that purpose.
Sec. 8043. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands and
Defense Agencies shall be available for reimbursement of pay,
allowances and other expenses which would otherwise be incurred
against appropriations for the National Guard and Reserve when
members of the National Guard and Reserve provide intelligence
or counterintelligence support to Combatant Commands, Defense
Agencies and Joint Intelligence Activities, including the
activities and programs included within the National
Intelligence Program and the Military Intelligence Program:
Provided, That nothing in this section authorizes deviation
from established Reserve and National Guard personnel and
training procedures.
Sec. 8044. During the current fiscal year, none of the
funds appropriated in this Act may be used to reduce the
civilian medical and medical support personnel assigned to
military treatment facilities below the September 30, 2003,
level: Provided, That the Service Surgeons General may waive
this section by certifying to the congressional defense
committees that the beneficiary population is declining in some
catchment areas and civilian strength reductions may be
consistent with responsible resource stewardship and
capitation-based budgeting.
Sec. 8045. (a) None of the funds available to the
Department of Defense for any fiscal year for drug interdiction
or counter-drug activities may be transferred to any other
department or agency of the United States except as
specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction and counter-
drug activities may be transferred to any other department or
agency of the United States except as specifically provided in
an appropriations law.
Sec. 8046. None of the funds appropriated by this Act may
be used for the procurement of ball and roller bearings other
than those produced by a domestic source and of domestic
origin: Provided, That the Secretary of the military department
responsible for such procurement may waive this restriction on
a case-by-case basis by certifying in writing to the Committees
on Appropriations of the House of Representatives and the
Senate, that adequate domestic supplies are not available to
meet Department of Defense requirements on a timely basis and
that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further,
That this restriction shall not apply to the purchase of
``commercial items'', as defined by section 4(12) of the Office
of Federal Procurement Policy Act, except that the restriction
shall apply to ball or roller bearings purchased as end items.
Sec. 8047. None of the funds in this Act may be used to
purchase any supercomputer which is not manufactured in the
United States, unless the Secretary of Defense certifies to the
congressional defense committees that such an acquisition must
be made in order to acquire capability for national security
purposes that is not available from United States
manufacturers.
Sec. 8048. Notwithstanding any other provision of law, each
contract awarded by the Department of Defense during the
current fiscal year and hereafter for construction or service
performed in whole or in part in a State (as defined in section
381(d) of title 10, United States Code) which is not contiguous
with another State and has an unemployment rate in excess of
the national average rate of unemployment as determined by the
Secretary of Labor, shall include a provision requiring the
contractor to employ, for the purpose of performing that
portion of the contract in such State that is not contiguous
with another State, individuals who are residents of such State
and who, in the case of any craft or trade, possess or would be
able to acquire promptly the necessary skills: Provided, That
the Secretary of Defense may waive the requirements of this
section, on a case-by-case basis, in the interest of national
security.
Sec. 8049. None of the funds made available in this or any
other Act may be used to pay the salary of any officer or
employee of the Department of Defense who approves or
implements the transfer of administrative responsibilities or
budgetary resources of any program, project, or activity
financed by this Act to the jurisdiction of another Federal
agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation shall
not apply to transfers of funds expressly provided for in
Defense Appropriations Acts, or provisions of Acts providing
supplemental appropriations for the Department of Defense.
Sec. 8050. (a) Limitation on Transfer of Defense Articles
and Services.--Notwithstanding any other provision of law, none
of the funds available to the Department of Defense for the
current fiscal year may be obligated or expended to transfer to
another nation or an international organization any defense
articles or services (other than intelligence services) for use
in the activities described in subsection (b) unless the
congressional defense committees, the Committee on
International Relations of the House of Representatives, and
the Committee on Foreign Relations of the Senate are notified
15 days in advance of such transfer.
(b) Covered Activities.--This section applies to--
(1) any international peacekeeping or peace-
enforcement operation under the authority of chapter VI
or chapter VII of the United Nations Charter under the
authority of a United Nations Security Council
resolution; and
(2) any other international peacekeeping, peace-
enforcement, or humanitarian assistance operation.
(c) Required Notice.--A notice under subsection (a) shall
include the following:
(1) A description of the equipment, supplies, or
services to be transferred.
(2) A statement of the value of the equipment,
supplies, or services to be transferred.
(3) In the case of a proposed transfer of equipment
or supplies--
(A) a statement of whether the inventory
requirements of all elements of the Armed
Forces (including the reserve components) for
the type of equipment or supplies to be
transferred have been met; and
(B) a statement of whether the items
proposed to be transferred will have to be
replaced and, if so, how the President proposes
to provide funds for such replacement.
Sec. 8051. None of the funds available to the Department of
Defense under this Act shall be obligated or expended to pay a
contractor under a contract with the Department of Defense for
costs of any amount paid by the contractor to an employee
when--
(1) such costs are for a bonus or otherwise in
excess of the normal salary paid by the contractor to
the employee; and
(2) such bonus is part of restructuring costs
associated with a business combination.
(INCLUDING TRANSFER OF FUNDS)
Sec. 8052. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the
heading ``Operation and Maintenance, Defense-Wide'' may be
transferred to appropriations available for the pay of military
personnel, to be merged with, and to be available for the same
time period as the appropriations to which transferred, to be
used in support of such personnel in connection with support
and services for eligible organizations and activities outside
the Department of Defense pursuant to section 2012 of title 10,
United States Code.
Sec. 8053. During the current fiscal year, in the case of
an appropriation account of the Department of Defense for which
the period of availability for obligation has expired or which
has closed under the provisions of section 1552 of title 31,
United States Code, and which has a negative unliquidated or
unexpended balance, an obligation or an adjustment of an
obligation may be charged to any current appropriation account
for the same purpose as the expired or closed account if--
(1) the obligation would have been properly
chargeable (except as to amount) to the expired or
closed account before the end of the period of
availability or closing of that account;
(2) the obligation is not otherwise properly
chargeable to any current appropriation account of the
Department of Defense; and
(3) in the case of an expired account, the
obligation is not chargeable to a current appropriation
of the Department of Defense under the provisions of
section 1405(b)(8) of the National Defense
Authorization Act for Fiscal Year 1991, Public Law 101-
510, as amended (31 U.S.C. 1551 note): Provided, That
in the case of an expired account, if subsequent review
or investigation discloses that there was not in fact a
negative unliquidated or unexpended balance in the
account, any charge to a current account under the
authority of this section shall be reversed and
recorded against the expired account: Provided further,
That the total amount charged to a current
appropriation under this section may not exceed an
amount equal to 1 percent of the total appropriation
for that account.
Sec. 8054. (a) Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of
equipment of the National Guard Distance Learning Project by
any person or entity on a space-available, reimbursable basis.
The Chief of the National Guard Bureau shall establish the
amount of reimbursement for such use on a case-by-case basis.
(b) Amounts collected under subsection (a) shall be
credited to funds available for the National Guard Distance
Learning Project and be available to defray the costs
associated with the use of equipment of the project under that
subsection. Such funds shall be available for such purposes
without fiscal year limitation.
Sec. 8055. Using funds available by this Act or any other
Act, the Secretary of the Air Force, pursuant to a
determination under section 2690 of title 10, United States
Code, may implement cost-effective agreements for required
heating facility modernization in the Kaiserslautern Military
Community in the Federal Republic of Germany: Provided, That in
the City of Kaiserslautern such agreements will include the use
of United States anthracite as the base load energy for
municipal district heat to the United States Defense
installations: Provided further, That at Landstuhl Army
Regional Medical Center and Ramstein Air Base, furnished heat
may be obtained from private, regional or municipal services,
if provisions are included for the consideration of United
States coal as an energy source.
Sec. 8056. None of the funds appropriated in title IV of
this Act may be used to procure end-items for delivery to
military forces for operational training, operational use or
inventory requirements: Provided, That this restriction does
not apply to end-items used in development, prototyping, and
test activities preceding and leading to acceptance for
operational use: Provided further, That this restriction does
not apply to programs funded within the National Intelligence
Program: Provided further, That the Secretary of Defense may
waive this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that it is in the national
security interest to do so.
Sec. 8057. Notwithstanding any other provision of law,
funds available to the Department of Defense in this Act shall
be made available to provide transportation of medical supplies
and equipment, on a nonreimbursable basis, to American Samoa,
and funds available to the Department of Defense shall be made
available to provide transportation of medical supplies and
equipment, on a nonreimbursable basis, to the Indian Health
Service when it is in conjunction with a civil-military
project.
Sec. 8058. None of the funds made available in this Act may
be used to approve or license the sale of the F-22A advanced
tactical fighter to any foreign government.
Sec. 8059. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each
limitation on the procurement of defense items from foreign
sources provided in law if the Secretary determines that the
application of the limitation with respect to that country
would invalidate cooperative programs entered into between the
Department of Defense and the foreign country, or would
invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 2531 of title 10,
United States Code, and the country does not discriminate
against the same or similar defense items produced in the
United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or
after the date of the enactment of this Act; and
(2) options for the procurement of items that are
exercised after such date under contracts that are
entered into before such date if the option prices are
adjusted for any reason other than the application of a
waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food,
and clothing or textile materials as defined by section 11
(chapters 50-65) of the Harmonized Tariff Schedule and products
classified under headings 4010, 4202, 4203, 6401 through 6406,
6505, 7019, 7218 through 7229, 7304.41 through 7304.49,
7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 8215, and
9404.
Sec. 8060. (a) Prohibition.--None of the funds made
available by this Act may be used to support any training
program involving a unit of the security forces of a foreign
country if the Secretary of Defense has received credible
information from the Department of State that the unit has
committed a gross violation of human rights, unless all
necessary corrective steps have been taken.
(b) Monitoring.--The Secretary of Defense, in consultation
with the Secretary of State, shall ensure that prior to a
decision to conduct any training program referred to in
subsection (a), full consideration is given to all credible
information available to the Department of State relating to
human rights violations by foreign security forces.
(c) Waiver.--The Secretary of Defense, after consultation
with the Secretary of State, may waive the prohibition in
subsection (a) if he determines that such waiver is required by
extraordinary circumstances.
(d) Report.--Not more than 15 days after the exercise of
any waiver under subsection (c), the Secretary of Defense shall
submit a report to the congressional defense committees
describing the extraordinary circumstances, the purpose and
duration of the training program, the United States forces and
the foreign security forces involved in the training program,
and the information relating to human rights violations that
necessitates the waiver.
Sec. 8061. None of the funds appropriated or made available
in this Act to the Department of the Navy shall be used to
develop, lease or procure the T-AKE class of ships unless the
main propulsion diesel engines and propulsors are manufactured
in the United States by a domestically operated entity:
Provided, That the Secretary of Defense may waive this
restriction on a case-by-case basis by certifying in writing to
the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic supplies
are not available to meet Department of Defense requirements on
a timely basis and that such an acquisition must be made in
order to acquire capability for national security purposes or
there exists a significant cost or quality difference.
Sec. 8062. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations
Acts may be obligated or expended for the purpose of performing
repairs or maintenance to military family housing units of the
Department of Defense, including areas in such military family
housing units that may be used for the purpose of conducting
official Department of Defense business.
Sec. 8063. Notwithstanding any other provision of law,
funds appropriated in this Act under the heading ``Research,
Development, Test and Evaluation, Defense-Wide'' for any new
start advanced concept technology demonstration project may
only be obligated 30 days after a report, including a
description of the project, the planned acquisition and
transition strategy and its estimated annual and total cost,
has been provided in writing to the congressional defense
committees: Provided, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying to the
congressional defense committees that it is in the national
interest to do so.
Sec. 8064. The Secretary of Defense shall provide a
classified quarterly report beginning 30 days after enactment
of this Act, to the House and Senate Appropriations Committees,
Subcommittees on Defense on certain matters as directed in the
classified annex accompanying this Act.
Sec. 8065. During the current fiscal year, refunds
attributable to the use of the Government travel card, refunds
attributable to the use of the Government Purchase Card and
refunds attributable to official Government travel arranged by
Government Contracted Travel Management Centers may be credited
to operation and maintenance, and research, development, test
and evaluation accounts of the Department of Defense which are
current when the refunds are received.
Sec. 8066. (a) Registering Financial Management Information
Technology Systems With DOD Chief Information Officer.--None of
the funds appropriated in this Act may be used for a mission
critical or mission essential financial management information
technology system (including a system funded by the defense
working capital fund) that is not registered with the Chief
Information Officer of the Department of Defense. A system
shall be considered to be registered with that officer upon the
furnishing to that officer of notice of the system, together
with such information concerning the system as the Secretary of
Defense may prescribe. A financial management information
technology system shall be considered a mission critical or
mission essential information technology system as defined by
the Under Secretary of Defense (Comptroller).
(b) Certifications as to Compliance With Financial
Management Modernization Plan.--
(1) During the current fiscal year, a financial
management automated information system, a mixed
information system supporting financial and non-
financial systems, or a system improvement of more than
$1,000,000 may not receive Milestone A approval,
Milestone B approval, or full rate production, or their
equivalent, within the Department of Defense until the
Under Secretary of Defense (Comptroller) certifies,
with respect to that milestone, that the system is
being developed and managed in accordance with the
Department's Financial Management Modernization Plan.
The Under Secretary of Defense (Comptroller) may
require additional certifications, as appropriate, with
respect to any such system.
(2) The Chief Information Officer shall provide the
congressional defense committees timely notification of
certifications under paragraph (1).
(c) Certifications as to Compliance With Clinger-Cohen
Act.--
(1) During the current fiscal year, a major
automated information system may not receive Milestone
A approval, Milestone B approval, or full rate
production approval, or their equivalent, within the
Department of Defense until the Chief Information
Officer certifies, with respect to that milestone, that
the system is being developed in accordance with the
Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.). The
Chief Information Officer may require additional
certifications, as appropriate, with respect to any
such system.
(2) The Chief Information Officer shall provide the
congressional defense committees timely notification of
certifications under paragraph (1). Each such
notification shall include a statement confirming that
the following steps have been taken with respect to the
system:
(A) Business process reengineering.
(B) An analysis of alternatives.
(C) An economic analysis that includes a
calculation of the return on investment.
(D) Performance measures.
(E) An information assurance strategy
consistent with the Department's Global
Information Grid.
(d) Definitions.--For purposes of this section:
(1) The term ``Chief Information Officer'' means
the senior official of the Department of Defense
designated by the Secretary of Defense pursuant to
section 3506 of title 44, United States Code.
(2) The term ``information technology system'' has
the meaning given the term ``information technology''
in section 5002 of the Clinger-Cohen Act of 1996 (40
U.S.C. 1401).
Sec. 8067. During the current fiscal year, none of the
funds available to the Department of Defense may be used to
provide support to another department or agency of the United
States if such department or agency is more than 90 days in
arrears in making payment to the Department of Defense for
goods or services previously provided to such department or
agency on a reimbursable basis: Provided, That this restriction
shall not apply if the department is authorized by law to
provide support to such department or agency on a
nonreimbursable basis, and is providing the requested support
pursuant to such authority: Provided further, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate
that it is in the national security interest to do so.
Sec. 8068. Notwithstanding section 12310(b) of title 10,
United States Code, a Reserve who is a member of the National
Guard serving on full-time National Guard duty under section
502(f) of title 32 may perform duties in support of the ground-
based elements of the National Ballistic Missile Defense
System.
Sec. 8069. None of the funds provided in this Act may be
used to transfer to any nongovernmental entity ammunition held
by the Department of Defense that has a center-fire cartridge
and a United States military nomenclature designation of
``armor penetrator'', ``armor piercing (AP)'', ``armor piercing
incendiary (API)'', or ``armor-piercing incendiary-tracer (API-
T)'', except to an entity performing demilitarization services
for the Department of Defense under a contract that requires
the entity to demonstrate to the satisfaction of the Department
of Defense that armor piercing projectiles are either: (1)
rendered incapable of reuse by the demilitarization process; or
(2) used to manufacture ammunition pursuant to a contract with
the Department of Defense or the manufacture of ammunition for
export pursuant to a License for Permanent Export of
Unclassified Military Articles issued by the Department of
State.
Sec. 8070. Notwithstanding any other provision of law, the
Chief of the National Guard Bureau, or his designee, may waive
payment of all or part of the consideration that otherwise
would be required under section 2667 of title 10, United States
Code, in the case of a lease of personal property for a period
not in excess of 1 year to any organization specified in
section 508(d) of title 32, United States Code, or any other
youth, social, or fraternal non-profit organization as may be
approved by the Chief of the National Guard Bureau, or his
designee, on a case-by-case basis.
Sec. 8071. None of the funds appropriated by this Act shall
be used for the support of any nonappropriated funds activity
of the Department of Defense that procures malt beverages and
wine with nonappropriated funds for resale (including such
alcoholic beverages sold by the drink) on a military
installation located in the United States unless such malt
beverages and wine are procured within that State, or in the
case of the District of Columbia, within the District of
Columbia, in which the military installation is located:
Provided, That in a case in which the military installation is
located in more than one State, purchases may be made in any
State in which the installation is located: Provided further,
That such local procurement requirements for malt beverages and
wine shall apply to all alcoholic beverages only for military
installations in States which are not contiguous with another
State: Provided further, That alcoholic beverages other than
wine and malt beverages, in contiguous States and the District
of Columbia shall be procured from the most competitive source,
price and other factors considered.
Sec. 8072. Funds available to the Department of Defense for
the Global Positioning System during the current fiscal year
may be used to fund civil requirements associated with the
satellite and ground control segments of such system's
modernization program.
(INCLUDING TRANSFER OF FUNDS)
Sec. 8073. Of the amounts appropriated in this Act under
the heading ``Operation and Maintenance, Army'', $78,300,000
shall remain available until expended: Provided, That
notwithstanding any other provision of law, the Secretary of
Defense is authorized to transfer such funds to other
activities of the Federal Government: Provided further, That
the Secretary of Defense is authorized to enter into and carry
out contracts for the acquisition of real property,
construction, personal services, and operations related to
projects carrying out the purposes of this section: Provided
further, That contracts entered into under the authority of
this section may provide for such indemnification as the
Secretary determines to be necessary: Provided further, That
projects authorized by this section shall comply with
applicable Federal, State, and local law to the maximum extent
consistent with the national security, as determined by the
Secretary of Defense.
Sec. 8074. Section 8106 of the Department of Defense
Appropriations Act, 1997 (titles I through VIII of the matter
under subsection 101(b) of Public Law 104-208; 110 Stat. 3009-
111; 10 U.S.C. 113 note) shall continue in effect to apply to
disbursements that are made by the Department of Defense in
fiscal year 2007.
Sec. 8075. In addition to amounts provided elsewhere in
this Act, $2,500,000 is hereby appropriated to the Department
of Defense, to remain available for obligation until expended:
Provided, That notwithstanding any other provision of law,
these funds shall be available only for a grant to the Fisher
House Foundation, Inc., only for the construction and
furnishing of additional Fisher Houses to meet the needs of
military family members when confronted with the illness or
hospitalization of an eligible military beneficiary.
Sec. 8076. (a) The Secretary of Defense, in coordination
with the Secretary of Health and Human Services, may carry out
a program to distribute surplus dental and medical equipment of
the Department of Defense, at no cost to the Department of
Defense, to Indian Health Service facilities and to federally-
qualified health centers (within the meaning of section
1905(l)(2)(B) of the Social Security Act (42 U.S.C.
1396d(l)(2)(B))).
(b) In carrying out this provision, the Secretary of
Defense shall give the Indian Health Service a property
disposal priority equal to the priority given to the Department
of Defense and its twelve special screening programs in
distribution of surplus dental and medical supplies and
equipment.
Sec. 8077. Amounts appropriated in title II of this Act are
hereby reduced by $158,100,000 to reflect savings attributable
to efficiencies and management improvements in the funding of
miscellaneous or other contracts in the military departments,
as follows:
(1) From ``Operation and Maintenance, Army'',
$31,100,000.
(2) From ``Operation and Maintenance, Navy'',
$35,000,000.
(3) From ``Operation and Maintenance, Marine
Corps'', $5,000,000.
(4) From ``Operation and Maintenance, Air Force'',
$87,000,000.
Sec. 8078. The total amount appropriated or otherwise made
available in this Act is hereby reduced by $71,000,000 to limit
excessive growth in the procurement of advisory and assistance
services, to be distributed as follows:
``Operation and Maintenance, Army'', $32,000,000.
``Operation and Maintenance, Navy'', $34,000,000.
``Operation and Maintenance, Marine Corps'', $5,000,000.
(INCLUDING TRANSFER OF FUNDS)
Sec. 8079. Of the amounts appropriated in this Act under
the heading ``Research, Development, Test and Evaluation,
Defense-Wide'', $137,894,000 shall be made available for the
Arrow missile defense program: Provided, That of this amount,
$53,000,000 shall be available for the purpose of producing
Arrow missile components in the United States and Arrow missile
components and missiles in Israel to meet Israel's defense
requirements, consistent with each nation's laws, regulations
and procedures, and $20,400,000 shall be available for the
purpose of the initiation of a joint feasibility study
designated the Short Range Ballistic Missile Defense (SRBMD)
initiative: Provided further, That funds made available under
this provision for production of missiles and missile
components may be transferred to appropriations available for
the procurement of weapons and equipment, to be merged with and
to be available for the same time period and the same purposes
as the appropriation to which transferred: Provided further,
That the transfer authority provided under this provision is in
addition to any other transfer authority contained in this Act.
(INCLUDING TRANSFER OF FUNDS)
Sec. 8080. Of the amounts appropriated in this Act under
the heading ``Shipbuilding and Conversion, Navy'', $512,849,000
shall be available until September 30, 2007, to fund prior year
shipbuilding cost increases: Provided, That upon enactment of
this Act, the Secretary of the Navy shall transfer such funds
to the following appropriations in the amounts specified:
Provided further, That the amounts transferred shall be merged
with and be available for the same purposes as the
appropriations to which transferred:
To:
Under the heading ``Shipbuilding and
Conversion, Navy, 1999/2007'':
New SSN, $20,000,000;
Under the heading ``Shipbuilding and
Conversion, Navy, 2000/2007'':
LPD-17 Amphibious Transport Dock
Ship Program, $66,049,000;
Under the heading ``Shipbuilding and
Conversion, Navy, 2001/2007'':
New SSN, $41,000,000;
Carrier Replacement Program,
$318,400,000;
Under the heading ``Shipbuilding and
Conversion, Navy, 2002/2007'':
New SSN, $28,000,000;
Under the heading ``Shipbuilding and
Conversion, Navy, 2003/2007'':
New SSN, $22,000,000; and
Under the heading ``Shipbuilding and
Conversion, Navy, 2005/2009'':
LPD-17 Amphibious Transport Dock
Ship Program, $17,400,000.
Sec. 8081. The Secretary of the Navy may settle, or
compromise, and pay any and all admiralty claims under section
7622 of title 10, United States Code arising out of the
collision involving the U.S.S. GREENEVILLE and the EHIME MARU,
in any amount and without regard to the monetary limitations in
subsections (a) and (b) of that section: Provided, That such
payments shall be made from funds available to the Department
of the Navy for operation and maintenance.
Sec. 8082. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may exercise the
provisions of section 7403(g) of title 38, United States Code
for occupations listed in section 7403(a)(2) of title 38,
United States Code as well as the following:
Pharmacists, Audiologists, and Dental Hygienists.
(A) The requirements of section
7403(g)(1)(A) of title 38, United States Code
shall apply.
(B) The limitations of section
7403(g)(1)(B) of title 38, United States Code
shall not apply.
Sec. 8083. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2007 until the enactment of the Intelligence Authorization
Act for fiscal year 2007.
Sec. 8084. None of the funds in this Act may be used to
initiate a new start program without prior written notification
to the Office of Secretary of Defense and the congressional
defense committees.
Sec. 8085. (a) In addition to the amounts provided
elsewhere in this Act, the amount of $5,400,000 is hereby
appropriated to the Department of Defense for ``Operation and
Maintenance, Army National Guard''. Such amount shall be made
available to the Secretary of the Army only to make a grant in
the amount of $5,400,000 to the entity specified in subsection
(b) to facilitate access by veterans to opportunities for
skilled employment in the construction industry.
(b) The entity referred to in subsection (a) is the Center
for Military Recruitment, Assessment and Veterans Employment, a
nonprofit labor-management co-operation committee provided for
by section 302(c)(9) of the Labor-Management Relations Act,
1947 (29 U.S.C. 186(c)(9)), for the purposes set forth in
section 6(b) of the Labor Management Cooperation Act of 1978
(29 U.S.C. 175a note).
Sec. 8086. Financing and Fielding of Key Army Capabilities.
The Department of Defense and the Department of the Army shall
make future budgetary and programming plans to fully finance
the Non-Line of Sight Future Force cannon (NLOS-C) and a
compatible large caliber ammunition resupply capability for
this system supported by the Future Combat Systems (FCS)
Brigade Combat Team (BCT) in order to field this system in
fiscal year 2010: Provided, That the Army shall develop the
NLOS-C independent of the broader FCS development timeline to
achieve fielding by fiscal year 2010. In addition the Army will
deliver eight (8) combat operational pre-production NLOS-C
systems by the end of calendar year 2008. These systems shall
be in addition to those systems necessary for developmental and
operational testing: Provided further, That the Army shall
ensure that budgetary and programmatic plans will provide for
no fewer than seven (7) Stryker Brigade Combat Teams.
Sec. 8087. Up to $2,000,000 of the funds appropriated under
the heading ``Operation and Maintenance, Navy'' in this Act for
the Pacific Missile Range Facility may be made available to
contract for the repair, maintenance, and operation of adjacent
off-base water, drainage, and flood control systems, electrical
upgrade to support additional missions critical to base
operations, and support for a range footprint expansion to
further guard against encroachment.
Sec. 8088. In addition to the amounts appropriated or
otherwise made available elsewhere in this Act, $11,100,000 is
hereby appropriated to the Department of Defense, to remain
available until September 30, 2007: Provided, That the
Secretary of Defense shall make grants in the amounts specified
as follows: $4,500,000 to the Intrepid Sea-Air-Space
Foundation; $2,600,000 to the Center for Applied Science and
Technologies at Jordan Valley Innovation Center; $1,000,000 to
the Women in Military Service for America Memorial Foundation;
$2,000,000 to The Presidio Trust; and, $1,000,000 to the Red
Cross Consolidated Blood Services Facility.
Sec. 8089. The budget of the President for fiscal year 2008
submitted to the Congress pursuant to section 1105 of title 31,
United States Code shall include separate budget justification
documents for costs of United States Armed Forces'
participation in contingency operations for the Military
Personnel accounts, the Operation and Maintenance accounts, and
the Procurement accounts: Provided, That these documents shall
include a description of the funding requested for each
contingency operation, for each military service, to include
all Active and Reserve components, and for each appropriations
account: Provided further, That these documents shall include
estimated costs for each element of expense or object class, a
reconciliation of increases and decreases for each contingency
operation, and programmatic data including, but not limited to,
troop strength for each Active and Reserve component, and
estimates of the major weapons systems deployed in support of
each contingency: Provided further, That these documents shall
include budget exhibits OP-5 and OP-32 (as defined in the
Department of Defense Financial Management Regulation) for all
contingency operations for the budget year and the two
preceding fiscal years.
Sec. 8090. None of the funds in this Act may be used for
research, development, test, evaluation, procurement or
deployment of nuclear armed interceptors of a missile defense
system.
Sec. 8091. Of the amounts provided in title II of this Act
under the heading ``Operation and Maintenance, Defense-Wide'',
$20,000,000 is available for the Regional Defense Counter-
terrorism Fellowship Program, to fund the education and
training of foreign military officers, ministry of defense
civilians, and other foreign security officials, to include
United States military officers and civilian officials whose
participation directly contributes to the education and
training of these foreign students.
Sec. 8092. None of the funds appropriated or made available
in this Act shall be used to reduce or disestablish the
operation of the 53rd Weather Reconnaissance Squadron of the
Air Force Reserve, if such action would reduce the WC-130
Weather Reconnaissance mission below the levels funded in this
Act: Provided, That the Air Force shall allow the 53rd Weather
Reconnaissance Squadron to perform other missions in support of
national defense requirements during the non-hurricane season.
Sec. 8093. None of the funds provided in this Act shall be
available for integration of foreign intelligence information
unless the information has been lawfully collected and
processed during the conduct of authorized foreign intelligence
activities: Provided, That information pertaining to United
States persons shall only be handled in accordance with
protections provided in the Fourth Amendment of the United
States Constitution as implemented through Executive Order No.
12333.
Sec. 8094. (a) At the time members of reserve components of
the Armed Forces are called or ordered to active duty under
section 12302(a) of title 10, United States Code, each member
shall be notified in writing of the expected period during
which the member will be mobilized.
(b) The Secretary of Defense may waive the requirements of
subsection (a) in any case in which the Secretary determines
that it is necessary to do so to respond to a national security
emergency or to meet dire operational requirements of the Armed
Forces.
Sec. 8095. None of the funds available to the Department of
Defense may be obligated to modify command and control
relationships to give Fleet Forces Command administrative and
operational control of U.S. Navy forces assigned to the Pacific
fleet: Provided, That the command and control relationships
which existed on October 1, 2004, shall remain in force unless
changes are specifically authorized in a subsequent Act.
(INCLUDING TRANSFER OF FUNDS)
Sec. 8096. The Secretary of Defense may transfer funds from
any available Department of the Navy appropriation to any
available Navy ship construction appropriation for the purpose
of liquidating necessary changes resulting from inflation,
market fluctuations, or rate adjustments for any ship
construction program appropriated in law: Provided, That the
Secretary may transfer not to exceed $100,000,000 under the
authority provided by this section: Provided further, That the
Secretary may not transfer any funds until 30 days after the
proposed transfer has been reported to the Committees on
Appropriations of the Senate and the House of Representatives,
unless sooner notified by the Committees that there is no
objection to the proposed transfer: Provided further, That the
transfer authority provided by this section is in addition to
any other transfer authority contained elsewhere in this Act.
Sec. 8097. (a) The total amount appropriated or otherwise
made available in title II of this Act is hereby reduced by
$85,000,000 to limit excessive growth in the travel and
transportation of persons.
(b) The Secretary of Defense shall allocate this reduction
proportionately to each budget activity, activity group,
subactivity group, and each program, project, and activity
within each applicable appropriation account.
Sec. 8098. In addition to funds made available elsewhere in
this Act, $5,500,000 is hereby appropriated and shall remain
available until expended to provide assistance, by grant or
otherwise (such as, but not limited to, the provision of funds
for repairs, maintenance, construction, and/or for the purchase
of information technology, text books, teaching resources), to
public schools that have unusually high concentrations of
special needs military dependents enrolled: Provided, That in
selecting school systems to receive such assistance, special
consideration shall be given to school systems in States that
are considered overseas assignments, and all schools within
these school systems shall be eligible for assistance: Provided
further, That up to 2 percent of the total appropriated funds
under this section shall be available to support the
administration and execution of the funds or program and/or
events that promote the purpose of this appropriation (e.g.
payment of travel and per diem of school teachers attending
conferences or a meeting that promotes the purpose of this
appropriation and/or consultant fees for on-site training of
teachers, staff, or Joint Venture Education Forum (JVEF)
Committee members): Provided further, That up to $2,000,000
shall be available for the Department of Defense to establish a
non-profit trust fund to assist in the public-private funding
of public school repair and maintenance projects, or provide
directly to non-profit organizations who in return will use
these monies to provide assistance in the form of repair,
maintenance, or renovation to public school systems that have
high concentrations of special needs military dependents and
are located in States that are considered overseas assignments:
Provided further, That to the extent a Federal agency provides
this assistance, by contract, grant, or otherwise, it may
accept and expend non-Federal funds in combination with these
Federal funds to provide assistance for the authorized purpose,
if the non-Federal entity requests such assistance and the non-
Federal funds are provided on a reimbursable basis.
Sec. 8099. The Secretary of the Air Force is authorized,
using funds available under the heading ``Operation and
Maintenance, Air Force'', to complete a phased repair project,
which repairs may include upgrades and additions, to the
infrastructure of the operational ranges managed by the Air
Force in Alaska: Provided, That the total cost of such phased
projects shall not exceed $50,000,000.
Sec. 8100. For purposes of section 612 of title 41, United
States Code, any subdivision of appropriations made under the
heading ``Shipbuilding and Conversion, Navy'' that is not
closed at the time reimbursement is made shall be available to
reimburse the Judgment Fund and shall be considered for the
same purposes as any subdivision under the heading
``Shipbuilding and Conversion, Navy'' appropriations in the
current fiscal year or any prior fiscal year.
Sec. 8101. (a) None of the funds appropriated by this Act
may be used to transfer research and development, acquisition,
or other program authority relating to current tactical
unmanned aerial vehicles (TUAVs) from the Army.
(b) The Army shall retain responsibility for and
operational control of the Extended Range Multi-Purpose (ERMP)
Unmanned Aerial Vehicle (UAV) in order to support the Secretary
of Defense in matters relating to the employment of unmanned
aerial vehicles.
Sec. 8102. Of the funds provided in this Act, $8,100,000
shall be available for the operations and development of
training and technology for the Joint Interagency Training
Center-East and the affiliated Center for National Response at
the Memorial Tunnel and for providing homeland defense/security
and traditional warfighting training to the Department of
Defense, other Federal agency, and State and local first
responder personnel at the Joint Interagency Training Center-
East.
Sec. 8103. The authority to conduct a continuing
cooperative program in the proviso in title II of Public Law
102-368 under the heading ``Research, Development, Test and
Evaluation, Defense Agencies'' (106 Stat. 1121) shall be
extended through September 30, 2008 in cooperation with NELHA.
Sec. 8104. The Secretary of Defense may present promotional
materials, including a United States flag, to any member of an
Active or Reserve component under the Secretary's jurisdiction
who, as determined by the Secretary, participates in Operation
Enduring Freedom or Operation Iraqi Freedom, along with other
recognition items in conjunction with any week-long national
observation and day of national celebration, if established by
Presidential proclamation, for any such members returning from
such operations.
Sec. 8105. Up to $10,000,000 of the funds appropriated
under the heading, ``Operation and Maintenance, Navy'' may be
made available for the Asia Pacific Regional Initiative Program
for the purpose of enabling the Pacific Command to execute
Theater Security Cooperation activities such as humanitarian
assistance, and payment of incremental and personnel costs of
training and exercising with foreign security forces: Provided,
That funds made available for this purpose may be used,
notwithstanding any other funding authorities for humanitarian
assistance, security assistance or combined exercise expenses:
Provided further, That funds may not be obligated to provide
assistance to any foreign country that is otherwise prohibited
from receiving such type of assistance under any other
provision of law.
Sec. 8106. Notwithstanding any other provision of this Act,
to reflect savings from revised economic assumptions the total
amount appropriated in title II of this Act is hereby reduced
by $401,925,000, the total amount appropriated in title III of
this Act is hereby reduced by $325,000,000, the total amount
appropriated in title IV of this Act is hereby reduced by
$286,000,000, the total amount appropriated in title V of this
Act is hereby reduced by $9,500,000, the total amount
appropriated in title VI of this Act is hereby reduced by
$9,500,000, and the total amount appropriated in title VII of
this Act is hereby reduced by $2,500,000: Provided, That the
Secretary of Defense shall allocate this reduction
proportionally to each budget activity, activity group,
subactivity group, and each program, project, and activity,
within each appropriation account: Provided further, That this
reduction shall not apply to ``Central Intelligence Agency
Retirement and Disability System Fund''.
Sec. 8107. The Secretary of Defense shall, not later than
90 days after the enactment of this Act, submit to the
congressional defense committees a report detailing the efforts
by the Department of Defense Education Activity (DoDEA) to
address dyslexia in students at DoDEA schools: Provided, That
this report shall include a description of funding provided in
this and other Department of Defense Appropriations Acts used
by DoDEA schools to address dyslexia.
Sec. 8108. (a) Limitation on Retirement Pending Report on
Bomber Force Structure.--No funds appropriated for the
Department of Defense may be obligated or expended for retiring
or dismantling any of the 93 B-52H bomber aircraft in service
in the Air Force as of June 1, 2006, until 30 days after the
Secretary of the Air Force transmits to the congressional
defense committees a report on the bomber force structure of
the Air Force meeting the requirements of subsection (b).
(b) Elements.--The report under subsection (a) shall set
forth the following:
(1) The plan of the Air Force for the modernization
of the B-52H bomber aircraft fleet.
(2) The plans of the Air Force for the
modernization of the balance of the bomber force
structure.
(3) The amount and type of bombers in the bomber
force structure that is appropriate to meet the
requirements of the national security strategy of the
United States.
(4) An 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 division 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 part of the
funds transferred from this appropriation are not necessary for
the purposes provided herein, such amounts may be transferred
back to this appropriation: Provided further, That the
Secretary of Defense shall, not fewer than 5 days prior to
making transfers from this appropriation, notify the
congressional defense committees in writing of the details of
any such transfer: Provided further, That the Secretary shall
submit a report no later than 30 days after the end of each
fiscal quarter to the congressional defense committees
summarizing the details of the transfer of funds from this
appropriation.
Afghanistan Security Forces Fund
(INCLUDING TRANSFER OF FUNDS)
For the ``Afghanistan Security Forces Fund'',
$1,500,000,000, to remain available until September 30, 2008:
Provided, That such funds shall be available to the Secretary
of Defense, notwithstanding any other provision of law, for the
purpose of allowing the Commander, Office of Security
Cooperation--Afghanistan, or the Secretary's designee, to
provide assistance, with the concurrence of the Secretary of
State, to the security forces of Afghanistan, including the
provision of equipment, supplies, services, training, facility
and infrastructure repair, renovation, and construction, and
funding: Provided further, That the authority to provide
assistance under this heading is in addition to any other
authority to provide assistance to foreign nations: Provided
further, That the Secretary of Defense may transfer such funds
to appropriations for military personnel; operation and
maintenance; Overseas Humanitarian, Disaster, and Civic Aid;
procurement; research, development, test and evaluation; and
defense working capital funds to accomplish the purposes
provided herein: Provided further, That this transfer authority
is in addition to any other transfer authority available to the
Department of Defense: Provided further, That upon a
determination that all or part of the funds so transferred from
this appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this
appropriation: Provided further, That contributions of funds
for the purposes provided herein from any person, foreign
government, or international organization may be credited to
this Fund, and used for such purposes: Provided further, That
the Secretary shall notify the congressional defense committees
in writing upon the receipt and upon the transfer of any
contribution delineating the sources and amounts of the funds
received and the specific use of such contributions: Provided
further, That the Secretary of Defense shall, not fewer than
five days prior to making transfers from this appropriation
account, notify the congressional defense committees in writing
of the details of any such transfer: Provided further, That the
Secretary shall submit a report no later than 30 days after the
end of each fiscal quarter to the congressional defense
committees summarizing the details of the transfer of funds
from this appropriation.
Iraq Security Forces Fund
(INCLUDING TRANSFER OF FUNDS)
For the ``Iraq Security Forces Fund'', $1,700,000,000, to
remain available until September 30, 2008: Provided, That such
funds shall be available to the Secretary of Defense,
notwithstanding any other provision of law, for the purpose of
allowing the Commander, Multi-National Security Transition
Command--Iraq, or the Secretary's designee, to provide
assistance, with the concurrence of the Secretary of State, to
the security forces of Iraq, including the provision of
equipment, supplies, services, training, facility and
infrastructure repair, renovation, and construction, and
funding: Provided further, That the authority to provide
assistance under this heading is in addition to any other
authority to provide assistance to foreign nations: Provided
further, That the Secretary of Defense may transfer such funds
to appropriations for military personnel; operation and
maintenance; Overseas Humanitarian, Disaster, and Civic Aid;
procurement; research, development, test and evaluation; and
defense working capital funds to accomplish the purposes
provided herein: Provided further, That this transfer authority
is in addition to any other transfer authority available to the
Department of Defense: Provided further, That upon a
determination that all or part of the funds so transferred from
this appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this
appropriation: Provided further, That contributions of funds
for the purposes provided herein from any person, foreign
government, or international organization may be credited to
this Fund, and used for such purposes: Provided further, That
the Secretary shall notify the congressional defense committees
in writing upon the receipt and upon the transfer of any
contribution delineating the sources and amounts of the funds
received and the specific use of such contributions: Provided
further, That the Secretary of Defense shall, not fewer than
five days prior to making transfers from this appropriation
account, notify the congressional defense committees in writing
of the details of any such transfer: Provided further, That the
Secretary shall submit a report no later than 30 days after the
end of each fiscal quarter to the congressional defense
committees summarizing the details of the transfer of funds
from this appropriation.
Joint Improvised Explosive Device Defeat Fund
(INCLUDING TRANSFER OF FUNDS)
For the ``Joint Improvised Explosive Device Defeat Fund'',
$1,920,700,000, to remain available until September 30, 2009:
Provided, That such funds shall be available to the Secretary
of Defense, notwithstanding any other provision of law, for the
purpose of allowing the Director of the Joint Improvised
Explosive Device Defeat Organization to investigate, develop
and provide equipment, supplies, services, training,
facilities, personnel and funds to assist United States forces
in the defeat of improvised explosive devices: Provided
further, That within 60 days of the enactment of this Act, a
plan for the intended management and use of the Fund is
provided to the congressional defense committees: Provided
further, That the Secretary of Defense shall submit a report
not later than 30 days after the end of each fiscal quarter to
the congressional defense committees providing assessments of
the evolving threats, individual service requirements to
counter the threats, the current strategy for predeployment
training of members of the Armed Forces on improvised explosive
devices, and details on the execution of this Fund: Provided
further, That the Secretary of Defense may transfer funds
provided herein to appropriations for military personnel;
operation and maintenance; procurement; research, development,
test and evaluation; and defense working capital funds to
accomplish the purpose provided herein: Provided further, That
this transfer authority is in addition to any other transfer
authority available to the Department of Defense: Provided
further, That upon determination that all or part of the funds
so transferred from this appropriation are not necessary for
the purpose provided herein, such amounts may be transferred
back to this appropriation: Provided further, That the
Secretary of Defense shall, not fewer than 5 days prior to
making transfers from this appropriation, notify the
congressional defense committees in writing of the details of
any such transfer.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement,
Army'', $1,461,300,000, to remain available for obligation
until September 30, 2009.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and
Tracked Combat Vehicles, Army'', $3,393,230,000, to remain
available for obligation until September 30, 2009.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition,
Army'', $237,750,000, to remain available for obligation until
September 30, 2009.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$5,003,995,000, to remain available for obligation until
September 30, 2009.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement,
Navy'', $486,881,000, to remain available for obligation until
September 30, 2009.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$109,400,000, to remain available for obligation until
September 30, 2009.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition,
Navy and Marine Corps'', $127,880,000, to remain available for
obligation until September 30, 2009.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$319,965,000, to remain available for obligation until
September 30, 2009.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$4,898,269,000, to remain available for obligation until
September 30, 2009.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air
Force'', $2,291,300,000, to remain available for obligation
until September 30, 2009.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air
Force'', $32,650,000, to remain available for obligation until
September 30, 2009.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air
Force'', $1,317,607,000, to remain available for obligation
until September 30, 2009.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$145,555,000, to remain available for obligation until
September 30, 2009.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test
and Evaluation, Navy'', $231,106,000, to remain available until
September 30, 2008.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test
and Evaluation, Air Force'', $36,964,000, to remain available
until September 30, 2008.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test
and Evaluation, Defense-Wide'', $139,644,000, to remain
available until September 30, 2008.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for ``Drug Interdiction and
Counter-Drug Activities, Defense'', $100,000,000.
RELATED AGENCIES
Intelligence Community Management Account
For an additional amount for ``Intelligence Community
Management Account'', $19,265,000, to remain available until
September 30, 2008.
GENERAL PROVISIONS
Sec. 9001. Appropriations provided in this title are
available for obligation until September 30, 2007, unless
otherwise so provided in this title.
Sec. 9002. Notwithstanding any other provision of law or of
this Act, funds made available in this title are in addition to
amounts provided elsewhere in this Act.
(TRANSFER OF FUNDS)
Sec. 9003. Upon his determination that such action is
necessary in the national interest, the Secretary of Defense
may transfer between appropriations up to $3,000,000,000 of the
funds made available to the Department of Defense in this
title: Provided, That the Secretary shall notify the Congress
promptly of each transfer made pursuant to the authority in
this section: Provided further, That the authority provided in
this section is in addition to any other transfer authority
available to the Department of Defense and is subject to the
same terms and conditions as the authority provided in section
8005 of this Act.
Sec. 9004. Funds appropriated in this title, or made
available by the transfer of funds in or pursuant to this
title, for intelligence activities are deemed to be
specifically authorized by the Congress for purposes of section
504 of the National Security Act of 1947 (50 U.S.C. 414).
Sec. 9005. None of the funds provided in this title may be
used to finance programs or activities denied by Congress in
fiscal years 2006 or 2007 appropriations to the Department of
Defense or to initiate a procurement or research, development,
test and evaluation new start program without prior written
notification to the congressional defense committees.
Sec. 9006. (a) From funds made available in this title to
the Department of Defense, not to exceed $500,000,000 may be
used, notwithstanding any other provision of law, to fund the
Commander's Emergency Response Program, for the purpose of
enabling military commanders in Iraq to respond to urgent
humanitarian relief and reconstruction requirements within
their areas of responsibility by carrying out programs that
will immediately assist the Iraqi people, and to fund a similar
program to assist the people of Afghanistan.
(b) Quarterly Reports.--Not later than 15 days after the
end of each fiscal year quarter (beginning with the first
quarter of fiscal year 2007), the Secretary of Defense shall
submit to the congressional defense committees a report
regarding the source of funds and the allocation and use of
funds during that quarter that were made available pursuant to
the authority provided in this section or under any other
provision of law for the purposes of the programs under
subsection (a).
Sec. 9007. Amounts provided in this title for operations in
Iraq and Afghanistan may be used by the Department of Defense
for the purchase of up to 20 heavy and light armored vehicles
for force protection purposes, notwithstanding price or other
limitations specified elsewhere in this Act, or any other
provision of law: Provided, That the Secretary of Defense shall
submit a report in writing no later than 30 days after the end
of each fiscal quarter notifying the congressional defense
committees of any purchase described in this section, including
the cost, purposes, and quantities of vehicles purchased.
Sec. 9008. During the current fiscal year, funds available
to the Department of Defense for operation and maintenance may
be used, notwithstanding any other provision of law, to provide
supplies, services, transportation, including airlift and
sealift, and other logistical support to coalition forces
supporting military and stability operations in Iraq and
Afghanistan: Provided, That the Secretary of Defense shall
provide quarterly reports to the congressional defense
committees regarding support provided under this section.
Sec. 9009. Supervision and administration costs associated
with a construction project funded with appropriations
available for operation and maintenance, and executed in direct
support of the Global War on Terrorism only in Iraq and
Afghanistan, may be obligated at the time a construction
contract is awarded: Provided, That for the purpose of this
section, supervision and administration costs include all in-
house Government costs.
Sec. 9010. (a) Not later than 60 days after the date of the
enactment of this Act and every 90 days thereafter through the
end of fiscal year 2007, the Secretary of Defense shall set
forth in a report to Congress a comprehensive set of
performance indicators and measures for progress toward
military and political stability in Iraq.
(b) The report shall include performance standards and
goals for security, economic, and security force training
objectives in Iraq together with a notional timetable for
achieving these goals.
(c) In specific, the report requires, at a minimum, the
following:
(1) With respect to stability and security in Iraq,
the following:
(A) Key measures of political stability,
including the important political milestones
that must be achieved over the next several
years.
(B) The primary indicators of a stable
security environment in Iraq, such as number of
engagements per day, numbers of trained Iraqi
forces, and trends relating to numbers and
types of ethnic and religious-based hostile
encounters.
(C) An assessment of the estimated strength
of the insurgency in Iraq and the extent to
which it is composed of non-Iraqi fighters.
(D) A description of all militias operating
in Iraq, including the number, size, equipment
strength, military effectiveness, sources of
support, legal status, and efforts to disarm or
reintegrate each militia.
(E) Key indicators of economic activity
that should be considered the most important
for determining the prospects of stability in
Iraq, including--
(i) unemployment levels;
(ii) electricity, water, and oil
production rates; and
(iii) hunger and poverty levels.
(F) The criteria the Administration will
use to determine when it is safe to begin
withdrawing United States forces from Iraq.
(2) With respect to the training and performance of
security forces in Iraq, the following:
(A) The training provided Iraqi military
and other Ministry of Defense forces and the
equipment used by such forces.
(B) Key criteria for assessing the
capabilities and readiness of the Iraqi
military and other Ministry of Defense forces,
goals for achieving certain capability and
readiness levels (as well as for recruiting,
training, and equipping these forces), and the
milestones and notional timetable for achieving
these goals.
(C) The operational readiness status of the
Iraqi military forces, including the type,
number, size, and organizational structure of
Iraqi battalions that are--
(i) capable of conducting
counterinsurgency operations
independently;
(ii) capable of conducting
counterinsurgency operations with the
support of United States or coalition
forces; or
(iii) not ready to conduct
counterinsurgency operations.
(D) The rates of absenteeism in the Iraqi
military forces and the extent to which
insurgents have infiltrated such forces.
(E) The training provided Iraqi police and
other Ministry of Interior forces and the
equipment used by such forces.
(F) Key criteria for assessing the
capabilities and readiness of the Iraqi police
and other Ministry of Interior forces, goals
for achieving certain capability and readiness
levels (as well as for recruiting, training,
and equipping), and the milestones and notional
timetable for achieving these goals,
including--
(i) the number of police recruits
that have received classroom training
and the duration of such instruction;
(ii) the number of veteran police
officers who have received classroom
instruction and the duration of such
instruction;
(iii) the number of police
candidates screened by the Iraqi Police
Screening Service, the number of
candidates derived from other entry
procedures, and the success rates of
those groups of candidates;
(iv) the number of Iraqi police
forces who have received field training
by international police trainers and
the duration of such instruction; and
(v) attrition rates and measures of
absenteeism and infiltration by
insurgents.
(G) The estimated total number of Iraqi
battalions needed for the Iraqi security forces
to perform duties now being undertaken by
coalition forces, including defending the
borders of Iraq and providing adequate levels
of law and order throughout Iraq.
(H) The effectiveness of the Iraqi military
and police officer cadres and the chain of
command.
(I) The number of United States and
coalition advisors needed to support the Iraqi
security forces and associated ministries.
(J) An assessment, in a classified annex if
necessary, of United States military
requirements, including planned force
rotations, through the end of calendar year
2007.
Sec. 9011. Amounts provided in chapter 1 of title V of the
Emergency Supplemental Appropriations Act for Defense, the
Global War on Terror, and Hurricane Recovery, 2006 are hereby
designated as emergency requirements pursuant to section 402 of
H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
Sec. 9012. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended by the
United States Government for a purpose as follows:
(1) To establish any military installation or base
for the purpose of providing for the permanent
stationing of United States Armed Forces in Iraq.
(2) To exercise United States control over any oil
resource of Iraq.
Sec. 9013. Each amount appropriated or otherwise made
available in this title is designated as making appropriations
for contingency operations directly related to the global war
on terrorism, and other unanticipated defense-related
operations, pursuant to section 402 of H. Con. Res. 376 (109th
Congress) as made applicable to the House of Representatives by
H. Res. 818 (109th Congress), and as an emergency requirement
pursuant to section 402 of S. Con. Res. 83 (109th Congress) as
made applicable to the Senate by section 7035 of Public Law
109-234.
(INCLUDING TRANSFER OF FUNDS)
Sec. 9014. (a) Congress makes the following findings:
(1) Despite the signing of the Darfur Peace
Agreement on May 5, 2006, the violence in Darfur,
Sudan, continues to escalate and threatens to spread to
other areas of Sudan and throughout the region.
(2) The African Union Mission in Sudan (AMIS)
currently serves as the primary security force in
Darfur, but it is hoped that a United Nations
peacekeeping force can be deployed to the region.
(3) The continued presence of a peacekeeping force
in Darfur, Sudan, is critical to curbing the spread of
violence in the region.
(b) Of the funds appropriated in this title under the
heading ``Operation and Maintenance, Defense-Wide'',
$20,000,000 shall be made available only for transfer to the
Department of State ``Peacekeeping Operations'' account to
support peacekeeping activities in Sudan: Provided, That these
funds shall be transferred by the Secretary of Defense if he
determines such amounts are required to assist in peacekeeping
activities.
(c) The transfer authority in this section is in addition
to any other transfer authority available to the Department of
Defense.
(d) The Secretary shall, not fewer than five days prior to
making transfers under this authority, notify the congressional
defense committees in writing of the details of any such
transfer.
Sec. 9015. None of the funds made available in this Act may
be used in contravention of the following laws enacted or
regulations promulgated to implement the United Nations
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (done at New York on December
10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law
105-277; 112 Stat. 2681-822; 8 U.S.C. 1231 note) and
any regulations prescribed thereto, including
regulations under part 208 of title 8, Code of Federal
Regulations, and part 95 of title 22, Code of Federal
Regulations.
(3) Sections 1002 and 1003 of the Department of
Defense, Emergency Supplemental Appropriations to
Address Hurricanes in the Gulf of Mexico, and Pandemic
Influenza Act, 2006 (Public Law 109-148).
Sec. 9016. Prohibition on Payment of Award Fees to Defense
Contractors in Cases of Contract Non-Performance.-- None of the
funds appropriated or otherwise made available by this Act may
be obligated or expended to provide award fees to any defense
contractor for performance that does not meet the requirements
of the contract.
Sec. 9017. No funds appropriated or otherwise made
available by this Act may be used by the Government of the
United States to enter into an agreement with the Government of
Iraq that would subject members of the Armed Forces of the
United States to the jurisdiction of Iraq criminal courts or
punishment under Iraq law.
Sec. 9018. Notwithstanding any other provision of law, the
Secretary of the Army may reimburse a member for expenses
incurred by the member or family member when such expenses are
otherwise not reimbursable under law: Provided, That such
expenses must have been incurred in good faith as a direct
consequence of reasonable preparation for, or execution of,
military orders: Provided further, That reimbursement under
this section shall be allowed only in situations wherein other
authorities are insufficient to remedy a hardship determined by
the Secretary, and only when the Secretary determines that
reimbursement of the expense is in the best interest of the
member and the United States.
TITLE X
FISCAL YEAR 2006 WILDLAND FIRE EMERGENCY APPROPRIATIONS
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
WILDLAND FIRE MANAGEMENT
For an additional amount for ``Wildland Fire Management'',
$100,000,000, to be available for obligation upon enactment of
this Act and to remain available until expended, for wildland
fire suppression, emergency rehabilitation activities and for
repayment to other appropriation accounts from which funds were
transferred on an emergency basis for wildfire suppression:
Provided, That the amount provided is designated as an
emergency requirement pursuant to section 501 of H. Con. Res.
376 (109th Congress) as made applicable to the House of
Representatives by H. Res. 818 (109th Congress) and as an
emergency requirement pursuant to section 402 of S. Con. Res.
83 (109th Congress) as made applicable to the Senate by section
7035 of Public Law 109-234.
DEPARTMENT OF AGRICULTURE
Forest Service
WILDLAND FIRE MANAGEMENT
For an additional amount for ``Wildland Fire Management'',
$100,000,000, to be available for obligation upon enactment of
this Act and to remain available until expended, for wildland
fire suppression, emergency rehabilitation activities and for
repayment to other appropriation accounts from which funds were
transferred on an emergency basis for wildfire suppression:
Provided, That the amount provided is designated as an
emergency requirement pursuant to section 501 of H. Con. Res.
376 (109th Congress) as made applicable to the House of
Representatives by H. Res. 818 (109th Congress) and as an
emergency requirement pursuant to section 402 of S. Con. Res.
83 (109th Congress) as made applicable to the Senate by section
7035 of Public Law 109-234.
This Act may be cited as the ``Department of Defense
Appropriations Act, 2007''.
Division B--Continuing Appropriations Resolution, 2007
The following sums are hereby appropriated, out of any
money in the Treasury not otherwise appropriated, and out of
applicable corporate or other revenues, receipts, and funds,
for the several departments, agencies, corporations, and other
organizational units of Government for fiscal year 2007, and
for other purposes, namely:
Sec. 101. (a) Such amounts as may be necessary under the
authority and conditions provided in the applicable
appropriations Act for fiscal year 2006 for continuing projects
or activities (including the costs of direct loans and loan
guarantees) that are not otherwise specifically provided for in
this division, that were conducted in fiscal year 2006, and for
which appropriations, funds, or other authority would be
available in the following appropriations Acts:
(1) The Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations
Act, 2007.
(2) The Energy and Water Development Appropriations
Act, 2007 (in the House of Representatives), or the
Energy and Water Appropriations Act, 2007 (in the
Senate).
(3) The Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2007 (in the House
of Representatives), or the Department of State,
Foreign Operations, and Related Programs Appropriations
Act, 2007 (in the Senate).
(4) The Department of Homeland Security
Appropriations Act, 2007.
(5) The Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2007.
(6) The Departments of Labor, Health and Human
Services, and Education, and Related Agencies
Appropriations Act, 2007.
(7) The Legislative Branch Appropriations Act, 2007.
(8) The Military Construction, Military Quality of
Life and Veterans Affairs Appropriations Act, 2007 (in
the House of Representatives), or the Military
Construction and Veterans Affairs and Related Agencies
Appropriations Act, 2007 (in the Senate).
(9) The Science, State, Justice, Commerce, and
Related Agencies Appropriations Act, 2007 (in the House
of Representatives), or the Departments of Commerce and
Justice, Science, and Related Agencies Appropriations
Act, 2007 (in the Senate).
(10) The Transportation, Treasury, Housing and Urban
Development, the Judiciary, the District of Columbia,
and Independent Agencies Appropriations Act, 2007 (in
the House of Representatives), or the Transportation,
Treasury, Housing and Urban Development, the Judiciary,
and Related Agencies Appropriations Act, 2007 (in the
Senate) and the District of Columbia Appropriations
Act, 2007 (in the Senate).
(b) Whenever the amount that would be made available or
the authority that would be granted for a project or activity
under an Act listed in subsection (a) as passed by the House of
Representatives as of October 1, 2006, is the same as the
amount or authority that would be available or granted under
the same or other pertinent Act as passed by the Senate as of
October 1, 2006--
(1) the project or activity shall be continued at a
rate for operations not exceeding the current rate or
the rate permitted by the actions of the House and the
Senate, whichever is lower, and under the authority and
conditions provided in applicable appropriations Acts
for fiscal year 2006; or
(2) if no amount or authority is made available or
granted for the project or activity by the actions of
the House and the Senate, the project or activity shall
not be continued.
(c) Whenever the amount that would be made available
or the authority that would be granted for a project or
activity under an Act listed in subsection (a) as
passed by the House of Representatives as of October 1,
2006, is different from the amount or authority that
would be available or granted under the same or other
pertinent Act as passed by the Senate as of October 1,
2006--
(1) the project or activity shall be continued at a
rate for operations not exceeding the current rate or
the rate permitted by the action of the House or the
Senate, whichever is lowest, and under the authority
and conditions provided in applicable appropriations
Acts for fiscal year 2006; or
(2) if the project or activity is included in the
pertinent Act of only one of the Houses, the project or
activity shall be continued under the appropriation,
fund, or authority granted by the one House, but at a
rate for operations not exceeding the current rate or
the rate permitted by the action of the one House,
whichever is lower, and under the authority and
conditions provided in applicable appropriations Acts
for fiscal year 2006.
(d) Whenever the pertinent Act covering a project or
activity has been passed by only the House of
Representatives as of October 1, 2006--
(1) the project or activity shall be continued under
the appropriation, fund, or authority granted by the
House, at a rate for operations not exceeding the
current rate or the rate permitted by the action of the
House, whichever is lower, and under the authority and
conditions provided in applicable appropriations Acts
for fiscal year 2006; or
(2) if the project or activity is funded in
applicable appropriations Acts for fiscal year 2006 and
not included in the pertinent Act of the House as of
October 1, 2006, the project or activity shall be
continued under the appropriation, fund, or authority
granted by applicable appropriations Acts for fiscal
year 2006 at a rate for operations not exceeding the
current rate and under the authority and conditions
provided in applicable appropriations Acts for fiscal
year 2006.
(e) Whenever the pertinent Act covering a project or
activity has been passed by neither the House of
Representatives nor the Senate as of October 1, 2006, the
project or activity shall be continued under the appropriation,
fund, or authority granted by applicable appropriations Acts
for fiscal year 2006 at a rate for operations not exceeding the
current rate and under the authority and conditions provided in
applicable appropriations Acts for fiscal year 2006.
Sec. 102. (a) For purposes of section 101, the pertinent
appropriations Acts for fiscal year 2007 covering the
activities specified in subsection (c) shall be the Act listed
in section 101(a)(8) as passed by the House of Representatives,
and H.R. 5631 (109th Congress) as passed by the Senate.
(b) For purposes of 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 635(f), and section 1 of Public Law 103-428 shall
continue in effect through the date specified in section 106(3)
of this division.
Sec. 119. Section 501(i) of H.R. 3425, as enacted into
law by section 1000(a)(5) of division B of Public Law 106-113
(Appendix E, 113 Stat. 1501A-313), as amended by section 591(b)
of division D of Public Law 108-447 (118 Stat. 3037), shall
continue in effect through the date specified in section 106(3)
of this division.
Sec. 120. In addition to the amounts provided under
section 101 of this division, amounts obligated in fiscal year
2006 from funding provided in section 458(a)(1) of the Higher
Education Act (as reduced by the amount of account maintenance
fees obligated to guaranty agencies for fiscal year 2006
pursuant to section 458(a)(1)(B) of that Act), shall be deemed
to have been provided in an applicable appropriations Act for
fiscal year 2006.
Sec. 121. The authority provided by section 2011 of title
38, United States Code, shall continue in effect through the
date specified in section 106(3) of this division.
Sec. 122. The authority provided by section 2808 of
Public Law 108-136, as amended by section 2809 of Public Law
109-163, shall continue in effect through the date specified in
section 106(3) of this division.
Sec. 123. The authority provided by subsection (a) of
section 221 of the Veterans Health Care, Capital Asset, and
Business Improvement Act of 2003 (Public Law 108-170) shall
continue in effect, notwithstanding subsection (d) of that
section, through the earlier of (1) the date specified in
section 106(3) of this division; or (2) the date of the
enactment into law of an authorization Act relating to major
medical facility projects for the Department of Veterans
Affairs.
Sec. 124. Title VIII of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2005 (Public Law 108-447, division B),
shall continue in effect through the date specified in section
106(3) of this division.
Sec. 125. Funds appropriated by section 101 of this
division for International Space Station Cargo Crew Services/
International Partner Purchases within the National Aeronautics
and Space Administration may be obligated in the account and
budget structure set forth in the pertinent Acts specified in
section 101(a)(9).
Sec. 126. Except as provided for in section 101(b)(2),
amounts made available under section 101 of this division for
civilian personnel compensation and benefits in each department
and agency may be apportioned up to the rate for operations
necessary to avoid furloughs within such department or agency,
consistent with enacted appropriations for fiscal year 2006,
except that 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 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.
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.
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.
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 Project............................... 1,100
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 USARPAC 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 (GREAT-V)................................ 1,950
600 Information Assurance Vulnerability Alert
(IAVA) Cell--PM Logistics Information Systems..... 1,350
600 Tracking Reusable Assets for Contingency and
Emergency Response................................ 3,600
600 Alaska Land Mobile Radio (ALMR) (Moved to O&M,
Air Force)........................................ --
600 ALCOM Communications Infrastructure Diversity
and Survivability................................. 500
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 Units..................................... 1,350
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 Technology.................................. 2,600
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
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.
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 Program............................... 1,000
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 Adjustment.......................... -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 Upgrades............................... 8,000
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
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
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 Suit................................ 4,800
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 (AWOS).......................... 1,000
12775 Accelerated Insertion of Advanced Materials
and Certification for Military Aircraft Structure
Material Substitution and Repair.................. 1,100
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
12850 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 Base.................................... 1,000
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 Program................................ 1,000
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 Program............................ 4,300
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 Assurance............................. 1,000
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
Implementation.................................... -5,000
16899 Excess O&M funding Based On Prior Year
Execution......................................... -200,000
Adjustments to Budget Activities
Adjustments to the budget activities are as follows:
[In thousands of dollars]
Budget Activity 1: Operating Forces
17050 TJS--Program Growth.......................... -10,000
17050 TJS--BA Realignment.......................... -303,923
17050 TJS--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 Reserve).................................. -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 (CEET)................................. 1,400
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 DHRA--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 Center................................... 1,000
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 TJS--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
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.
ThanksUSA
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.
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.
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.
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
DD1416 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 diverted 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.
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.
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.
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
----------------------------------------------------------------------------------------------------------------
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.
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.
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.
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 155mm 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:
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.
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.
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.
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.
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 0603881C;
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 DARPA 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.
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.
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:
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.
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''.
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.
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.
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.
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.
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.