H.R.5631 - Department of Defense Appropriations Act, 2007109th Congress (2005-2006)
Summary: H.R.5631 — 109th Congress (2005-2006)
Public Law (09/29/2006)
(This measure has not been amended since the Conference Report was filed in the House on September 25, 2006. The summary of that version is repeated here.)
Department of Defense Appropriations Act, 2007 - Division A: Department of Defense Appropriations Act, 2007 - Title I: Military Personnel - Appropriates funds for FY2007 for active-duty and reserve personnel in the Army, Navy, Marine Corps, and Air Force, and for National Guard personnel in the Army and Air Force.
Title II: Operation and Maintenance - Appropriates funds for FY2007 for operation and maintenance (O&M) for the Army, Navy, Marine Corps, and Air Force, the defense agencies, the reserve components, and the Army and Air National Guard. Appropriates funds for: (1) the United States Court of Appeals for the Armed Forces; (2) overseas humanitarian, disaster, and civic aid; and (3) former Soviet Union threat reduction.
Title III: Procurement - Appropriates funds for FY2007 for procurement by the Armed Forces of aircraft, missiles, weapons, tracked combat vehicles, ammunition, shipbuilding and conversion, and other procurement. Appropriates funds for: (1) defense-wide procurement; (2) National Guard and reserve equipment; and (3) certain procurements under the Defense Production Act of 1950.
Title IV: Research, Development, Test and Evaluation - Appropriates funds for FY2007 for research, development, test and evaluation (RDT&E) by the Armed Forces and defense agencies. Appropriates funds for the Director of Operational Test and Evaluation.
Title V: Revolving and Management Funds - Appropriates funds for: (1) the Defense Working Capital Funds; (2) programs under the National Defense Sealift Fund; and (3) the Pentagon Reservation Maintenance Revolving Fund.
Title VI: Other Department of Defense Programs - Appropriates funds for: (1) the destruction of lethal chemical agents and munitions; (2) drug interdiction and counter-drug activities, defense; and (3) the Office of the Inspector General.
Title VII: Related Agencies - Appropriates funds for the: (1) Central Intelligence Agency Retirement and Disability System Fund; and (2) Intelligence Community Management Account.
Title VIII: General Provisions - Specifies authorized, restricted, and prohibited uses of authorized funds.
(Sec. 8008) Authorizes procurement funds to be used for a multiyear procurement contract for: (1) the C-17 Globemaster; (2) the F-22A; (3) MH-60R helicopters and mission equipment; and (4) the V-22 Osprey.
(Sec. 8010) Prohibits, during FY2007, the management by end strengths of Department of Defense (DOD) civilian personnel.
(Sec. 8021) Authorizes DOD to incur obligations of up to $350 million for DOD military compensation, construction projects, and supplies and services in anticipation of receipts of contributions from the government of Kuwait.
(Sec. 8023) Prohibits the use of funds from this Act to establish a new federally funded research and development center (FFRDC). Limits the federal compensation to be paid to FFRDC members or consultants. Prohibits the use of FY2007 funds for new building construction, cost-sharing payments for projects funded by government grants, absorption of cost overruns, or certain charitable contributions. Limits the staff years of technical effort that may be funded for FFRDCs from FY2007 funds. Reduces, by $53.2 million, the total amount appropriated in this Act for FFRDCs.
(Sec. 8024) Provides Buy American requirements with respect to the DOD procurement of carbon, alloy, or armor steel plating.
(Sec. 8027) Requires the Secretary of Defense (Secretary) to report to Congress on the amount of DOD purchases from foreign entities in FY2007.
(Sec. 8030) Authorizes the Secretary of the Air Force to convey to Indian tribes located in North Dakota, South Dakota, Montana, and Minnesota relocatable military housing units currently located at Grand Forks and Minot Air Force Bases that are excess to the needs of the Air Force. Requires the Operation Walking Shield Program to resolve any housing unit conflicts arising after such conveyance.
(Sec. 8035) Makes specified DOD O&M funds available only for the mitigation of environmental impacts on Indian lands resulting from DOD activities.
(Sec. 8036) Prohibits the use of funds: (1) by a DOD entity without compliance with the Buy American Act; (2) to establish additional field operating agencies of DOD elements, except for those funded within the National Foreign Intelligence Program and Army agencies established to eliminate, mitigate, or counter the effects of improvised explosive devices; (3) for assistance to the Democratic People's Republic of North Korea, unless specifically appropriated for such purpose; and (4) to reduce the civilian medical and medical support personnel assigned to military treatment facilities below the September 30, 2003, level.
(Sec. 8040) Rescinds specified funds from various accounts under prior defense appropriations Acts.
(Sec. 8045) Prohibits the transfer to any other department or agency, except as specifically provided in an appropriations law, of funds available to DOD or the Central Intelligence Agency (CIA) for drug interdiction or counter-drug activities.
(Sec. 8050) Prohibits current fiscal year DOD funds from being obligated or expended to transfer to another nation or international organization defense articles or services for use in any United Nations (UN) peacekeeping or peace enforcement operation, or for any other international peacekeeping, peace enforcement, or humanitarian assistance operation, unless specified congressional committees are given 15 days' advance notice.
(Sec. 8057) Makes DOD funds available to provide transportation of medical supplies and equipment to: (1) American Samoa; and (2) the Indian Health Service in conjunction with a civil-military project.
(Sec. 8058) Prohibits the use of this Act's funds to approve or license the sale of the F-22A advanced tactical fighter to any foreign government.
(Sec. 8059) Authorizes the Secretary, on a case-by-case basis, to waive limitations on the procurement of defense items from a foreign country if: (1) the Secretary determines that such limitations would invalidate cooperative or reciprocal trade agreements for the procurement of defense items; and (2) such country does not discriminate against the same or similar defense items procured in the United States for that country. Provides exceptions.
(Sec. 8060) Prohibits the use of appropriated funds to support a unit of the security forces of a foreign country if credible information exists that such unit has committed a gross violation of human rights, unless all necessary corrective steps have been taken. Requires the monitoring of such information. Authorizes the Secretary to waive such prohibition under extraordinary circumstances (requiring a report to the defense committees on any such waiver).
(Sec. 8065) Provides for the crediting during the current fiscal year of certain refunds attributable to the use of government travel or purchase cards or refunds for travel arranged by a government-contracted travel management center.
(Sec. 8066) Prohibits appropriated funds from being used for a mission critical or mission essential financial management information technology system that is not registered with the DOD Chief Information Officer. Prohibits such a system from receiving a Milestone A or B approval, or full rate production approval, until the Chief Information Officer certifies to the defense committees that the system is being developed in accordance with the Clinger-Cohen Act of 1996.
(Sec. 8068) Authorizes members of the National Guard performing full-time duty to support ground-based elements of the National Ballistic Missile Defense System.
(Sec. 8069) Prohibits appropriated funds from being used to transfer to any nongovernmental entity specified armor-piercing ammunition, except to an entity performing demilitarization services for DOD.
(Sec. 8070) Authorizes the Chief of the National Guard Bureau to waive payment for the lease of non-excess DOD personal property to certain, youth, social, or fraternal nonprofit organizations.
(Sec. 8076) Authorizes the Secretary to carry out a program to distribute surplus DOD dental and medical equipment to Indian Health Service facilities and federally-qualified health centers.
(Sec. 8077) Reduces by: (1) $158.1 million the total amount of O&M funds appropriated in this Act, to reflect savings attributable to efficiencies and management improvements in the funding of miscellaneous or other contracts in the military departments; and (2) $71 million the total amount appropriated in this Act, to limit excessive growth in the procurement of advisory and assistance services.
(Sec. 8079) Earmarks specified RDT&E funds for producing Arrow missile components in the United States and Arrow missile components and missiles in Israel to meet Israel's defense requirements.
(Sec. 8080) Makes Navy shipbuilding and conversion funds available to fund prior-year shipbuilding cost increases, allocating such funds among specified naval accounts.
(Sec. 8081) Authorizes the Secretary of the Navy to settle any and all admiralty claims arising out of the collision involving the U.S.S. GREENEVILLE and the EHIME MARU.
(Sec. 8085) Appropriates funds for a grant by the Secretary of the Army to facilitate access by veterans to opportunities for skilled employment in the construction industry.
(Sec. 8086) Directs: (1) DOD and the Army to make future budgetary and programming plans to fully finance the Non-Line of Sight Future Force cannon and resupply vehicle program in order to field such system in FY2010; and (2) the Army to ensure that budgetary and programmatic plans will provide for no fewer than seven Stryker Brigade Combat Teams.
(Sec. 8088) Appropriates funds to DOD for five specified grants by the Secretary.
(Sec. 8089) Requires the FY2008 budget to include separate budget justification documents for costs of U.S. Armed Forces' participation in contingency operations for the military personnel, O&M, and procurement accounts.
(Sec. 8090) Prohibits funds from being used for RDT&E, procurement, or deployment of nuclear armed interceptors of a missile defense system.
(Sec. 8091) Earmarks funds for the Regional Defense Counter-terrorism Fellowship Program.
(Sec. 8093) Prohibits the availability of funds from this Act for integration of foreign intelligence information unless such information has been lawfully collected and processed during the conduct of authorized foreign intelligence activities.
(Sec. 8094) Requires Ready Reserve members who are called or ordered to active duty in time of national emergency to be notified of their expected mobilization period at the time they are called or ordered. Allows the Secretary to waive such requirement in order to respond to a national security emergency or meet dire operational requirements.
(Sec. 8097) Reduces the total amount appropriated in this Act for: (1) O&M by $85 million, to limit excessive growth in the travel and transportation of persons; and (2) titles II through VI by specified amounts, to reflect savings from revised economic assumptions.
(Sec. 8098) Appropriates funds for assistance to public schools that have unusually high concentrations of special needs military dependents enrolled.
(Sec. 8104) Authorizes the Secretary to present promotional materials, including a U.S. flag and other recognition items, to any member who participates in and returns from Operations Enduring Freedom or Iraqi Freedom, in conjunction with any week-long national observation and day of national celebration.
(Sec. 8105) Makes specified Navy O&M funds available for the Asia Pacific Regional Initiative Program to enable the Pacific Command to execute Theater Security Cooperation activities such as humanitarian assistance and payment of costs of training and exercising with foreign security forces.
(Sec. 8107) Directs the Secretary to report to the defense committees detailing efforts by the Department of Defense Education Activity (DODEA) to address dyslexia in students at DODEA schools.
(Sec. 8108) Prohibits funds appropriated to DOD from being obligated or expended for retiring or dismantling any of the 93 Air Force B-52H bomber aircraft in service as of June 1, 2006, until 30 days after the Secretary of the Air Force reports to the defense committees on the bomber force structure meeting specified requirements, including modernization.
(Sec. 8109) Provides the authorized period for the modification of national defense contracts following notification from the Army Contract Adjustment Board to the defense committees.
(Sec. 8110) Requires the Secretary of the Air Force to submit to the defense committees a cost-benefit analysis of proposed realignments or closures of research and development or test and evaluation installations, activities, facilities, laboratories, units, functions, or capabilities of the Air Force.
(Sec. 8111) Prohibits funds from being obligated or expended to implement any provision of the National Security Personnel System that deviates from any provision or regulation relating to federal labor-management relations, adverse actions, or employee appeals. States that such prohibition shall cease to apply to the extent that the decision of the court in AFGE v. Rumsfield is reversed on appeal.
Title IX: Additional Appropriations- Appropriates additional funds, to be designated for contingency operations directly related to the global war on terrorism, to DOD for: (1) military personnel; (2) O&M; (3) the Iraq Freedom Fund; (4) the Afghanistan Security Forces Fund; (5) the Iraq Security Forces Fund; (6) the Joint Improvised Explosive Device Defeat Fund; (7) procurement; (8) RDT&E; (9) DOD drug interdiction and counter-drug activities; and (10) the Intelligence Community Management Account.
(Sec. 9003) Authorizes the Secretary, in the national interest, to transfer between appropriations up to $3 billion of the funds made available to DOD in this title. Requires congressional notification of each transfer.
(Sec. 9006) Authorizes the Secretary to use specified O&M funds appropriated in this title to fund the Commander's Emergency Response Program (urgent humanitarian relief and reconstruction in Iraq and Afghanistan).
(Sec. 9007) Makes DOD appropriations available for the purchase of up to 20 heavy and light armored vehicles for force protection purposes, notwithstanding price or other limitations applicable to the purchase of passenger vehicles.
(Sec. 9008) Allows O&M funds appropriated in this title to be used to provide supplies, services, transportation, and other logistical support to coalition forces supporting military and stability operations in Iraq and Afghanistan.
(Sec. 9010) Directs the Secretary to submit quarterly to Congress through the end of FY2007 a comprehensive set of performance indicators and measures for progress toward military and political stability in Iraq, including a timetable for achieving such goals.
(Sec. 9011) Designates 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, as emergency requirements for contingency operations related to the global war on terrorism.
(Sec. 9012) Prohibits the use of funds to: (1) establish any military installation or base for the permanent stationing of U.S. Armed Forces in Iraq; or (2) exercise U.S. control over any oil resource of Iraq.
(Sec. 9013) Designates each amount appropriated or otherwise made available in this title as an emergency requirement for contingency operations related to the global war on terrorism.
(Sec. 9014) Earmarks specified DOD O&M funds for transfer by the Secretary to the Department of State to support peacekeeping activities in Sudan. Requires the Secretary to notify the defense committees at least five days prior to any such transfer.
(Sec. 9015) Prohibits the use of funds: (1) in contravention of specified laws or regulations promulgated to implement the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment; (2) to provide award fees to any defense contractor for performance that does not meet contract requirements; or (3) to enter into an agreement with the government of Iraq that would subject U.S. military personnel to the jurisdiction of Iraq criminal courts or punishment under Iraq law.
(Sec. 9018) Authorizes the Secretary of the Army to reimburse a member for expenses incurred by a member or family member that are not otherwise reimbursable under law, provided that the expenses have been incurred as a direct consequence of reasonable preparation for, or execution of, military orders. Allows such reimbursement only when: (1) other authorities are insufficient to remedy a determined hardship; and (2) reimbursement is in the best interest of the member and the United States.
Title X: Fiscal Year 2006 Wildland Fire Emergency Appropriations - Appropriates funds to the Department of the Interior's Bureau of Land Management and the Department of Agriculture's Forest Service for wildland fire management, including wildland fire suppression. Designates such funds as appropriations for sudden, urgent, and unforeseen needs consistent with the definition of emergency spending under the congressional budget resolutions.
Division B: Continuing Appropriations Resolution, 2007 - Continuing Appropriations Resolution, 2007 - Makes continuing appropriations for FY2007.
(Sec. 101) Appropriates amounts for continuing operations, projects, or activities which were conducted in FY2006 and for which appropriations, funds, or other authority would be made available in: (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) 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) 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) or the Departments of Commerce and Justice, Science, and Related Agencies Appropriations Act, 2007 (in the Senate); and (10) the Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2007 (in the House) 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).
Continues any project or activity under such Acts at the current rate for operations or the rate permitted by the House and Senate actions, whichever is lower, and under the authority and conditions provided in applicable appropriations Acts for FY2006, whenever the amount that would be made available or the authority that would be granted for such project or activity as passed by the House 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 such date.
Discontinues any project or activity if no amount or authority is made available or granted for it by the House and Senate actions.
Requires continuation of a project or activity at the current FY2006 rate, or at the lower of the two rates as permitted by the action of the two Chambers, if both Chambers permit different rates. Requires continuation of a project or activity, also, at the current FY2006 rate, or if lower at the rate permitted by action of the one Chamber, if only one Chamber has passed the pertinent appropriations Act.
Requires continuation at the current FY2006 rate of any project or activity funded for FY2006 but not included in the pertinent appropriations Act for FY2007 of the House as of October 1, 2006, if only the House has passed that Act for FY2007. Requires the same continuation at the current FY2006 rate for any project or activity whose pertinent appropriations Act for FY2007 has not been passed by either Chamber as of October 1, 2006.
(Sec. 106) Provides funding under this division until the earliest of: (1) enactment of an appropriation for any project or activity provided for in this division; (2) enactment of the applicable appropriations Act by both Chambers without any provision for such project or activity; or (3) November 17, 2006.
(Sec. 114) Continues through the date specified in Sec. 106 certain activities for entitlements and other mandatory payments whose budget authority was provided in appropriations Acts for FY2006, and for activities under the Food Stamp Act of 1977. Declares that, notwithstanding such date, funds shall be available and obligations for mandatory payments due on or about November 1 and December 1, 2006.
(Sec. 115) Authorizes the Secretary of Agriculture (Secretary) to enter into or renew contracts for one year, under conditions of the Housing Act of 1949, to provide assistance payments to owners of rental, congregate, or cooperative housing for persons and families of low income in multifamily housing projects.
(Sec. 116) Requires the Secretary to continue, through the date specified in Sec. 106, 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.
(Sec. 117) Extends through the date specified in Sec. 106 specified federal law relating to the Appalachian regional development.
(Sec. 118) Continues the authority of the Export-Import Bank of the United States through the date specified in Sec. 106 to: (1) take prompt measures to promote the expansion of the Bank's financial commitments in sub-Saharan Africa under the Bank's loan, guarantee, and insurance programs; (2) deny application for assistance based on fraud or corruption by a party involved in the transaction; and (3) provide financing for the export on nonlethal defense articles or services the primary end use of which will be for civilian purposes.
(Sec. 119) Continues through the date specified in Sec. 106 the authorization of appropriations for the President to cancel all amounts owed to the United States or federal agencies by any country eligible for debt reduction under specified law.
(Sec. 120) Deems to have been provided in an applicable appropriations Act for FY2006, in addition to the amounts provided by Sec. 101 of this division, amounts obligated in FY2006 from funding provided in the Higher Education Act (as reduced by the amount of account maintenance fees obligated to guaranty agencies for such fiscal year pursuant to that Act).
(Sec. 121) Continues through the date specified in Sec. 106 the authority of the Secretary of Veterans Affairs to make grants for outreach, rehabilitative services, vocational counseling and training, and transitional housing assistance for homeless veterans.
(Sec. 122) Continues through the date specified in Sec. 106 the temporary limited authority of the Secretary of Defense to use operation and maintenance funds for construction projects outside the United States.
(Sec. 123) Continues the authority of the Secretary of Veterans Affairs to carry out major construction projects in connection with the Capital Asset Realignment Initiative through the earlier of: (1) the date specified in Sec. 106; or (2) the date of enactment into law of an authorization Act relating to major medical facilities projects of the Department of Veterans Affairs.
(Sec. 124) Continues through the date specified in Sec. 106 the patent and trademark fees established for FY2005-FY2006, including the fees prescribed under the Trademark Act of 1946 for electronic and paper applications for trademark registration.
(Sec. 125) Authorizes the obligation of funds appropriated by Sec. 101 of this division for International Space Station Cargo Crew Services/International Partner Purchases within the National Aeronautics and Space Administration (NASA) in the account and budget structure set forth in specified Acts.
(Sec. 126) Authorizes amounts made available by Sec. 101 of this division for civilian personnel compensation and benefits in each department and agency to be apportioned up to the rate for operations necessary to avoid furloughs, consistent with enacted appropriations for FY2006. Prohibits the use of such authority, however, until after the department or agency has taken all necessary actions to reduce or defer non-personnel-related administrative expenses.
(Sec. 127) Authorizes the District of Columbia to expend local funds for certain programs and activities as provided under title V of H.R. 5576 (109th Congress), as passed by the House, at a specified rate set forth in the Fiscal Year 2007 Proposed Budget and Financial Plan submitted to Congress by the District on June 5, 2006.
Continues through the date specified in Sec. 106 the authority of the Chief Financial Officer (CFO) with respect to personnel and the preparation of fiscal impact statements during a control period.
Continues through such date also the exemption from the District of Columbia's Procurement Practices Act of the entire process used by the CFO to acquire all kinds of goods, works, and services by contractual means.
(Sec. 128) Continues the United States Interagency Council on Homelessness through the earlier of: (1) the date specified in Sec. 106; or (2) the date of the enactment into law of an authorization Act relating to the McKinney-Vento Homeless Assistance Act.
(Sec. 129) Allows funds appropriated by Sec. 101 of this division for the Internal Revenue Service (IRS) to be obligated in the account and budget structure set forth in title II of H.R. 5576 (109th Congress), as passed by the House.
(Sec. 130) Continues through the date specified in Sec. 106 activities authorized by title V, the Multifamily Assisted Housing Reform and Affordability Act of 1997, of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1998.
(Sec. 131) Amends the National Housing Act to increase from 250,000 to 275,000 the aggregate number of insured home equity conversion mortgages for elderly homeowners.
(Sec. 132) Continues through the date specified in Sec. 106 the franchise fund pilot programs in six executive agencies designated by the Director of the Office of Management and Budget under the Government Management Reform Act of 1994.