In the Senate of the United States,

October 7 (legislative day, October 6), 2005.

Resolved, That the bill from the House of Representatives (H.R. 2863) entitled ‘‘An Act making appropriations for

the Department of Defense for the fiscal year ending September 30, 2006, and for other purposes.’’, do pass with the

following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

3 fiscal year ending September 30, 2006, for military func4 tions administered by the Department of Defense and for

5 other purposes, namely:
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1 TITLE I—MILITARY PERSONNEL

2 MILITARY PERSONNEL, ARMY

3 For pay, allowances, individual clothing, subsistence,

4 interest on deposits, gratuities, permanent change of station

5 travel (including all expenses thereof for organizational

6 movements), and expenses of temporary duty travel between

7 permanent duty stations, for members of the Army on active

8 duty, (except members of reserve components provided for

9 elsewhere), cadets, and aviation cadets; for members of the

10 Reserve Officer’s Training Corps; and for payments pursu11 ant to section 156 of Public Law 97–377, as amended (42

12 U.S.C. 402 note), and to the Department of Defense Mili13 tary Retirement Fund, $28,099,587,000.

14 MILITARY PERSONNEL, NAVY

15 For pay, allowances, individual clothing, subsistence,

16 interest on deposits, gratuities, permanent change of station

17 travel (including all expenses thereof for organizational

18 movements), and expenses of temporary duty travel between

19 permanent duty stations, for members of the Navy on active

20 duty (except members of the Reserve provided for elsewhere),

21 midshipmen, and aviation cadets; for members of the Re22 serve Officer’s Training Corps; and for payments pursuant

23 to section 156 of Public Law 97–377, as amended (42

24 U.S.C. 402 note), and to the Department of Defense Mili25 tary Retirement Fund, $22,671,875,000.
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1 MILITARY PERSONNEL, MARINE CORPS

2 For pay, allowances, individual clothing, subsistence,

3 interest on deposits, gratuities, permanent change of station

4 travel (including all expenses thereof for organizational

5 movements), and expenses of temporary duty travel between

6 permanent duty stations, for members of the Marine Corps

7 on active duty (except members of the Reserve provided for

8 elsewhere); and for payments pursuant to section 156 of

9 Public Law 97–377, as amended (42 U.S.C. 402 note), and

10 to the Department of Defense Military Retirement Fund,

11 $8,894,984,000.

12 MILITARY PERSONNEL, AIR FORCE

13 For pay, allowances, individual clothing, subsistence,

14 interest on deposits, gratuities, permanent change of station

15 travel (including all expenses thereof for organizational

16 movements), and expenses of temporary duty travel between

17 permanent duty stations, for members of the Air Force on

18 active duty (except members of reserve components provided

19 for elsewhere), cadets, and aviation cadets; for members of

20 the Reserve Officer’s Training Corps; and for payments

21 pursuant to section 156 of Public Law 97–377, as amended

22 (42 U.S.C. 402 note), and to the Department of Defense

23 Military Retirement Fund, $22,908,750,000.
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1 RESERVE PERSONNEL, ARMY

2 For pay, allowances, clothing, subsistence, gratuities,

3 travel, and related expenses for personnel of the Army Re4 serve on active duty under sections 10211, 10302, and 3038

5 of title 10, United States Code, or while serving on active

6 duty under section 12301(d) of title 10, United States Code,

7 in connection with performing duty specified in section

8 12310(a) of title 10, United States Code, or while under9 going reserve training, or while performing drills or equiva10 lent duty or other duty, and expenses authorized by section

11 16131 of title 10, United States Code; and for payments

12 to the Department of Defense Military Retirement Fund,

13 $3,052,269,000.

14 RESERVE PERSONNEL, NAVY

15 For pay, allowances, clothing, subsistence, gratuities,

16 travel, and related expenses for personnel of the Navy Re17 serve on active duty under section 10211 of title 10, United

18 States Code, or while serving on active duty under section

19 12301(d) of title 10, United States Code, in connection with

20 performing duty specified in section 12310(a) of title 10,

21 United States Code, or while undergoing reserve training,

22 or while performing drills or equivalent duty, and expenses

23 authorized by section 16131 of title 10, United States Code;

24 and for payments to the Department of Defense Military

25 Retirement Fund, $1,617,299,000.
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1 RESERVE PERSONNEL, MARINE CORPS

2 For pay, allowances, clothing, subsistence, gratuities,

3 travel, and related expenses for personnel of the Marine

4 Corps Reserve on active duty under section 10211 of title

5 10, United States Code, or while serving on active duty

6 under section 12301(d) of title 10, United States Code, in

7 connection with performing duty specified in section

8 12310(a) of title 10, United States Code, or while under9 going reserve training, or while performing drills or equiva10 lent duty, and for members of the Marine Corps platoon

11 leaders class, and expenses authorized by section 16131 of

12 title 10, United States Code; and for payments to the De13 partment of Defense Military Retirement Fund,

14 $491,601,000.

15 RESERVE PERSONNEL, AIR FORCE

16 For pay, allowances, clothing, subsistence, gratuities,

17 travel, and related expenses for personnel of the Air Force

18 Reserve on active duty under sections 10211, 10305, and

19 8038 of title 10, United States Code, or while serving on

20 active duty under section 12301(d) of title 10, United States

21 Code, in connection with performing duty specified in sec22 tion 12310(a) of title 10, United States Code, or while un23 dergoing reserve training, or while performing drills or

24 equivalent duty or other duty, and expenses authorized by

25 section 16131 of title 10, United States Code; and for pay-
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1 ments to the Department of Defense Military Retirement

2 Fund, $1,263,046,000.

3 NATIONAL GUARD PERSONNEL, ARMY

4 For pay, allowances, clothing, subsistence, gratuities,

5 travel, and related expenses for personnel of the Army Na6 tional Guard while on duty under section 10211, 10302,

7 or 12402 of title 10 or section 708 of title 32, United States

8 Code, or while serving on duty under section 12301(d) of

9 title 10 or section 502(f) of title 32, United States Code,

10 in connection with performing duty specified in section

11 12310(a) of title 10, United States Code, or while under12 going training, or while performing drills or equivalent

13 duty or other duty, and expenses authorized by section

14 16131 of title 10, United States Code; and for payments

15 to the Department of Defense Military Retirement Fund,

16 $4,555,794,000.

17 NATIONAL GUARD PERSONNEL, AIR FORCE

18 For pay, allowances, clothing, subsistence, gratuities,

19 travel, and related expenses for personnel of the Air Na20 tional Guard on duty under section 10211, 10305, or 12402

21 of title 10 or section 708 of title 32, United States Code,

22 or while serving on duty under section 12301(d) of title 10

23 or section 502(f) of title 32, United States Code, in connec24 tion with performing duty specified in section 12310(a) of

25 title 10, United States Code, or while undergoing training,
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1 or while performing drills or equivalent duty or other duty,

2 and expenses authorized by section 16131 of title 10, United

3 States Code; and for payments to the Department of Defense

4 Military Retirement Fund, $2,125,632,000.

5 TITLE II—OPERATION AND MAINTENANCE

6 OPERATION AND MAINTENANCE, ARMY

7 For expenses, not otherwise provided for, necessary for

8 the operation and maintenance of the Army, as authorized

9 by law; and not to exceed $11,478,000 can be used for emer10 gencies and extraordinary expenses, to be expended on the

11 approval or authority of the Secretary of the Army, and

12 payments may be made on his certificate of necessity for

13 confidential military purposes, $24,573,795,000.

14 OPERATION AND MAINTENANCE, NAVY

15 For expenses, not otherwise provided for, necessary for

16 the operation and maintenance of the Navy and the Marine

17 Corps, as authorized by law; and not to exceed $6,003,000

18 can be used for emergencies and extraordinary expenses, to

19 be expended on the approval or authority of the Secretary

20 of the Navy, and payments may be made on his certificate

21 of necessity for confidential military purposes,

22 $30,317,964,000.
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1 OPERATION AND MAINTENANCE, MARINE CORPS

2 For expenses, not otherwise provided for, necessary for

3 the operation and maintenance of the Marine Corps, as au4 thorized by law, $3,780,926,000.

5 OPERATION AND MAINTENANCE, AIR FORCE

6 For expenses, not otherwise provided for, necessary for

7 the operation and maintenance of the Air Force, as author8 ized by law; and not to exceed $7,699,000 can be used for

9 emergencies and extraordinary expenses, to be expended on

10 the approval or authority of the Secretary of the Air Force,

11 and payments may be made on his certificate of necessity

12 for confidential military purposes, $30,891,386,000.

13 OPERATION AND MAINTENANCE, DEFENSE-WIDE

14 (INCLUDING TRANSFER OF FUNDS)

15 For expenses, not otherwise provided for, necessary for

16 the operation and maintenance of activities and agencies

17 of the Department of Defense (other than the military de18 partments), as authorized by law, $18,517,218,000: Pro19 vided, That not more than $25,000,000 may be used for

20 the Combatant Commander Initiative Fund authorized

21 under section 166a of title 10, United States Code, and of

22 which not to exceed $32,000,000 can be used for emergencies

23 and extraordinary expenses, to be expended on the approval

24 or authority of the Secretary of Defense, and payments may

25 be made on his certificate of necessity for confidential mili-
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1 tary purposes: Provided further, That of the funds provided

2 under this heading not less than $27,009,000 shall be made

3 available for the Procurement Technical Assistance Cooper4 ative Agreement Program, of which not less than $3,600,000

5 shall be available for centers defined in 10 U.S.C.

6 2411(1)(D): Provided further, That none of the funds ap7 propriated or otherwise made available by this Act may be

8 used to plan or implement the consolidation of a budget

9 or appropriations liaison office of the Office of the Secretary

10 of Defense, the office of the Secretary of a military depart11 ment, or the service headquarters of one of the Armed Forces

12 into a legislative affairs or legislative liaison office: Pro13 vided further, That $4,000,000, to remain available until

14 expended, is available only for expenses relating to certain

15 classified activities, and may be transferred as necessary

16 by the Secretary to operation and maintenance appropria17 tions or research, development, test and evaluation appro18 priations, to be merged with and to be available for the

19 same time period as the appropriations to which trans20 ferred: Provided further, That any ceiling on the investment

21 item unit cost of items that may be purchased with oper22 ation and maintenance funds shall not apply to the funds

23 described in the preceding proviso: Provided further, That

24 the transfer authority provided under this heading is in ad-
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1 dition to any other transfer authority provided elsewhere

2 in this Act.

3 OPERATION AND MAINTENANCE, ARMY RESERVE

4 For expenses, not otherwise provided for, necessary for

5 the operation and maintenance, including training, organi6 zation, and administration, of the Army Reserve; repair of

7 facilities and equipment; hire of passenger motor vehicles;

8 travel and transportation; care of the dead; recruiting; pro9 curement of services, supplies, and equipment; and commu10 nications, $1,956,482,000.

11 OPERATION AND MAINTENANCE, NAVY RESERVE

12 For expenses, not otherwise provided for, necessary for

13 the operation and maintenance, including training, organi14 zation, and administration, of the Navy Reserve; repair of

15 facilities and equipment; hire of passenger motor vehicles;

16 travel and transportation; care of the dead; recruiting; pro17 curement of services, supplies, and equipment; and commu18 nications, $1,239,295,000.

19 OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

20 For expenses, not otherwise provided for, necessary for

21 the operation and maintenance, including training, organi22 zation, and administration, of the Marine Corps Reserve;

23 repair of facilities and equipment; hire of passenger motor

24 vehicles; travel and transportation; care of the dead; recruit-
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1 ing; procurement of services, supplies, and equipment; and

2 communications, $197,734,000.

3 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

4 For expenses, not otherwise provided for, necessary for

5 the operation and maintenance, including training, organi6 zation, and administration, of the Air Force Reserve; repair

7 of facilities and equipment; hire of passenger motor vehicles;

8 travel and transportation; care of the dead; recruiting; pro9 curement of services, supplies, and equipment; and commu10 nications, $2,474,286,000.

11 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

12 For expenses of training, organizing, and admin13 istering the Army National Guard, including medical and

14 hospital treatment and related expenses in non-Federal hos15 pitals; maintenance, operation, and repairs to structures

16 and facilities; hire of passenger motor vehicles; personnel

17 services in the National Guard Bureau; travel expenses

18 (other than mileage), as authorized by law for Army per19 sonnel on active duty, for Army National Guard division,

20 regimental, and battalion commanders while inspecting

21 units in compliance with National Guard Bureau regula22 tions when specifically authorized by the Chief, National

23 Guard Bureau; supplying and equipping the Army Na24 tional Guard as authorized by law; and expenses of repair,

25 modification, maintenance, and issue of supplies and
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1 equipment (including aircraft), $4,428,119,000: Provided,

2 That $10,000,000 shall be available for the operations and

3 development of training and technology for the Joint Inter4 agency Training Center-East and the affiliated Center for

5 National Response at the Memorial Tunnel and for pro6 viding homeland defense/security and traditional

7 warfighting training to the Department of Defense, other

8 federal agency, and state and local first responder personnel

9 at the Joint Interagency Training Center-East.

10 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

11 For expenses of training, organizing, and admin12 istering the Air National Guard, including medical and

13 hospital treatment and related expenses in non-Federal hos14 pitals; maintenance, operation, and repairs to structures

15 and facilities; transportation of things, hire of passenger

16 motor vehicles; supplying and equipping the Air National

17 Guard, as authorized by law; expenses for repair, modifica18 tion, maintenance, and issue of supplies and equipment,

19 including those furnished from stocks under the control of

20 agencies of the Department of Defense; travel expenses (other

21 than mileage) on the same basis as authorized by law for

22 Air National Guard personnel on active Federal duty, for

23 Air National Guard commanders while inspecting units in

24 compliance with National Guard Bureau regulations when
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1 specifically authorized by the Chief, National Guard Bu2 reau, $4,681,291,000.

3 UNITED STATES COURT OF APPEALS FOR THE ARMED

4 FORCES

5 For salaries and expenses necessary for the United

6 States Court of Appeals for the Armed Forces, $11,236,000,

7 of which not to exceed $5,000 may be used for official rep8 resentation purposes.

9 ENVIRONMENTAL RESTORATION, ARMY

10 (INCLUDING TRANSFER OF FUNDS)

11 For the Department of the Army, $407,865,000, to re12 main available until transferred: Provided, That the Sec13 retary of the Army shall, upon determining that such funds

14 are required for environmental restoration, reduction and

15 recycling of hazardous waste, removal of unsafe buildings

16 and debris of the Department of the Army, or for similar

17 purposes, transfer the funds made available by this appro18 priation to other appropriations made available to the De19 partment of the Army, to be merged with and to be available

20 for the same purposes and for the same time period as the

21 appropriations to which transferred: Provided further, That

22 upon a determination that all or part of the funds trans23 ferred from this appropriation are not necessary for the

24 purposes provided herein, such amounts may be transferred

25 back to this appropriation.
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1 ENVIRONMENTAL RESTORATION, NAVY

2 (INCLUDING TRANSFER OF FUNDS)

3 For the Department of the Navy, $305,275,000, to re4 main available until transferred: Provided, That the Sec5 retary of the Navy shall, upon determining that such funds

6 are required for environmental restoration, reduction and

7 recycling of hazardous waste, removal of unsafe buildings

8 and debris of the Department of the Navy, or for similar

9 purposes, transfer the funds made available by this appro10 priation to other appropriations made available to the De11 partment of the Navy, to be merged with and to be available

12 for the same purposes and for the same time period as the

13 appropriations to which transferred: Provided further, That

14 upon a determination that all or part of the funds trans15 ferred from this appropriation are not necessary for the

16 purposes provided herein, such amounts may be transferred

17 back to this appropriation.

18 ENVIRONMENTAL RESTORATION, AIR FORCE

19 (INCLUDING TRANSFER OF FUNDS)

20 For the Department of the Air Force, $406,461,000,

21 to remain available until transferred: Provided, That the

22 Secretary of the Air Force shall, upon determining that

23 such funds are required for environmental restoration, re24 duction and recycling of hazardous waste, removal of unsafe

25 buildings and debris of the Department of the Air Force,
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1 or for similar purposes, transfer the funds made available

2 by this appropriation to other appropriations made avail3 able to the Department of the Air Force, to be merged with

4 and to be available for the same purposes and for the same

5 time period as the appropriations to which transferred:

6 Provided further, That upon a determination that all or

7 part of the funds transferred from this appropriation are

8 not necessary for the purposes provided herein, such

9 amounts may be transferred back to this appropriation.

10 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

11 (INCLUDING TRANSFER OF FUNDS)

12 For the Department of Defense, $28,167,000, to remain

13 available until transferred: Provided, That the Secretary of

14 Defense shall, upon determining that such funds are re15 quired for environmental restoration, reduction and recy16 cling of hazardous waste, removal of unsafe buildings and

17 debris of the Department of Defense, or for similar purposes,

18 transfer the funds made available by this appropriation to

19 other appropriations made available to the Department of

20 Defense, to be merged with and to be available for the same

21 purposes and for the same time period as the appropria22 tions to which transferred: Provided further, That upon a

23 determination that all or part of the funds transferred from

24 this appropriation are not necessary for the purposes pro-
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1 vided herein, such amounts may be transferred back to this

2 appropriation.

3 ENVIRONMENTAL RESTORATION, FORMERLY USED

4 DEFENSE SITES

5 (INCLUDING TRANSFER OF FUNDS)

6 For the Department of the Army, $271,921,000, to re7 main available until transferred: Provided, That the Sec8 retary of the Army shall, upon determining that such funds

9 are required for environmental restoration, reduction and

10 recycling of hazardous waste, removal of unsafe buildings

11 and debris at sites formerly used by the Department of De12 fense, transfer the funds made available by this appropria13 tion to other appropriations made available to the Depart14 ment of the Army, to be merged with and to be available

15 for the same purposes and for the same time period as the

16 appropriations to which transferred: Provided further, That

17 upon a determination that all or part of the funds trans18 ferred from this appropriation are not necessary for the

19 purposes provided herein, such amounts may be transferred

20 back to this appropriation.

21 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

22 For expenses relating to the Overseas Humanitarian,

23 Disaster, and Civic Aid programs of the Department of De24 fense (consisting of the programs provided under sections

25 401, 402, 404, 2557, and 2561 of title 10, United States
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1 Code), $61,546,000, to remain available until September

2 30, 2007.

3 FORMER SOVIET UNION THREAT REDUCTION ACCOUNT

4 For assistance to the republics of the former Soviet

5 Union, including assistance provided by contract or by

6 grants, for facilitating the elimination and the safe and se7 cure transportation and storage of nuclear, chemical and

8 other weapons; for establishing programs to prevent the pro9 liferation of weapons, weapons components, and weapon10 related technology and expertise; for programs relating to

11 the training and support of defense and military personnel

12 for demilitarization and protection of weapons, weapons

13 components and weapons technology and expertise, and for

14 defense and military contacts, $415,549,000, to remain

15 available until September 30, 2008: Provided, That of the

16 amounts provided under this heading, $15,000,000 shall be

17 available only to support the dismantling and disposal of

18 nuclear submarines, submarine reactor components, and se19 curity enhancements for transport and storage of nuclear

20 warheads in the Russian Far East.

21 TITLE III—PROCUREMENT

22 AIRCRAFT PROCUREMENT, ARMY

23 For construction, procurement, production, modifica24 tion, and modernization of aircraft, equipment, including

25 ordnance, ground handling equipment, spare parts, and ac-
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1 cessories therefor; specialized equipment and training de2 vices; expansion of public and private plants, including the

3 land necessary therefor, for the foregoing purposes, and such

4 lands and interests therein, may be acquired, and construc5 tion prosecuted thereon prior to approval of title; and pro6 curement and installation of equipment, appliances, and

7 machine tools in public and private plants; reserve plant

8 and Government and contractor-owned equipment layaway;

9 and other expenses necessary for the foregoing purposes,

10 $2,562,480,000, to remain available for obligation until

11 September 30, 2008.

12 MISSILE PROCUREMENT, ARMY

13 For construction, procurement, production, modifica14 tion, and modernization of missiles, equipment, including

15 ordnance, ground handling equipment, spare parts, and ac16 cessories therefor; specialized equipment and training de17 vices; expansion of public and private plants, including the

18 land necessary therefor, for the foregoing purposes, and such

19 lands and interests therein, may be acquired, and construc20 tion prosecuted thereon prior to approval of title; and pro21 curement and installation of equipment, appliances, and

22 machine tools in public and private plants; reserve plant

23 and Government and contractor-owned equipment layaway;

24 and other expenses necessary for the foregoing purposes,
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1 $1,214,919,000, to remain available for obligation until

2 September 30, 2008.

3 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

4 VEHICLES, ARMY

5 For construction, procurement, production, and modi6 fication of weapons and tracked combat vehicles, equipment,

7 including ordnance, spare parts, and accessories therefor;

8 specialized equipment and training devices; expansion of

9 public and private plants, including the land necessary

10 therefor, for the foregoing purposes, and such lands and in11 terests therein, may be acquired, and construction pros12 ecuted thereon prior to approval of title; and procurement

13 and installation of equipment, appliances, and machine

14 tools in public and private plants; reserve plant and Gov15 ernment and contractor-owned equipment layaway; and

16 other expenses necessary for the foregoing purposes,

17 $1,359,465,000, to remain available for obligation until

18 September 30, 2008.

19 PROCUREMENT OF AMMUNITION, ARMY

20 For construction, procurement, production, and modi21 fication of ammunition, and accessories therefor; specialized

22 equipment and training devices; expansion of public and

23 private plants, including ammunition facilities authorized

24 by section 2854 of title 10, United States Code, and the

25 land necessary therefor, for the foregoing purposes, and such
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1 lands and interests therein, may be acquired, and construc2 tion prosecuted thereon prior to approval of title; and pro3 curement and installation of equipment, appliances, and

4 machine tools in public and private plants; reserve plant

5 and Government and contractor-owned equipment layaway;

6 and other expenses necessary for the foregoing purposes,

7 $1,708,680,000, to remain available for obligation until

8 September 30, 2008.

9 OTHER PROCUREMENT, ARMY

10 For construction, procurement, production, and modi11 fication of vehicles, including tactical, support, and non12 tracked combat vehicles; the purchase of passenger motor ve13 hicles for replacement only; and the purchase of 14 vehicles

14 required for physical security of personnel, notwithstanding

15 price limitations applicable to passenger vehicles but not

16 to exceed $255,000 per vehicle; communications and elec17 tronic equipment; other support equipment; spare parts,

18 ordnance, and accessories therefor; specialized equipment

19 and training devices; expansion of public and private

20 plants, including the land necessary therefor, for the fore21 going purposes, and such lands and interests therein, may

22 be acquired, and construction prosecuted thereon prior to

23 approval of title; and procurement and installation of

24 equipment, appliances, and machine tools in public and

25 private plants; reserve plant and Government and con-
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1 tractor-owned equipment layaway; and other expenses nec2 essary for the foregoing purposes, $4,426,531,000, to remain

3 available for obligation until September 30, 2008.

4 AIRCRAFT PROCUREMENT, NAVY

5 For construction, procurement, production, modifica6 tion, and modernization of aircraft, equipment, including

7 ordnance, spare parts, and accessories therefor; specialized

8 equipment; expansion of public and private plants, includ9 ing the land necessary therefor, and such lands and inter10 ests therein, may be acquired, and construction prosecuted

11 thereon prior to approval of title; and procurement and in12 stallation of equipment, appliances, and machine tools in

13 public and private plants; reserve plant and Government

14 and contractor-owned equipment layaway, $9,880,492,000,

15 to remain available for obligation until September 30,

16 2008.

17 WEAPONS PROCUREMENT, NAVY

18 For construction, procurement, production, modifica19 tion, and modernization of missiles, torpedoes, other weap20 ons, and related support equipment including spare parts,

21 and accessories therefor; expansion of public and private

22 plants, including the land necessary therefor, and such

23 lands and interests therein, may be acquired, and construc24 tion prosecuted thereon prior to approval of title; and pro25 curement and installation of equipment, appliances, and
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1 machine tools in public and private plants; reserve plant

2 and Government and contractor-owned equipment layaway,

3 $2,593,341,000, to remain available for obligation until

4 September 30, 2008.

5 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

6 CORPS

7 For construction, procurement, production, and modi8 fication of ammunition, and accessories therefor; specialized

9 equipment and training devices; expansion of public and

10 private plants, including ammunition facilities authorized

11 by section 2854 of title 10, United States Code, and the

12 land necessary therefor, for the foregoing purposes, and such

13 lands and interests therein, may be acquired, and construc14 tion prosecuted thereon prior to approval of title; and pro15 curement and installation of equipment, appliances, and

16 machine tools in public and private plants; reserve plant

17 and Government and contractor-owned equipment layaway;

18 and other expenses necessary for the foregoing purposes,

19 $832,791,000, to remain available for obligation until Sep20 tember 30, 2008.

21 SHIPBUILDING AND CONVERSION, NAVY

22 For expenses necessary for the construction, acquisi23 tion, or conversion of vessels as authorized by law, includ24 ing armor and armament thereof, plant equipment, appli25 ances, and machine tools and installation thereof in public
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1 and private plants; reserve plant and Government and con2 tractor-owned equipment layaway; procurement of critical,

3 long leadtime components and designs for vessels to be con4 structed or converted in the future; and expansion of public

5 and private plants, including land necessary therefor, and

6 such lands and interests therein, may be acquired, and con7 struction prosecuted thereon prior to approval of title, as

8 follows:

9 Carrier Replacement Program (AP),

10 $651,613,000;

11 NSSN, $1,637,698,000;

12 NSSN (AP), $763,786,000;

13 SSGN, $286,516,000;

14 CVN Refuelings, $1,493,563,000;

15 CVN Refuelings (AP), $20,000,000;

16 SSBN Submarine Refuelings, $230,193,000;

17 SSBN Submarine Refuelings (AP), $62,248,000;

18 DD(X) (AP), $765,992,000;

19 DDG–51 Destroyer, $29,773,000;

20 LHD–8, $197,769,000;

21 LPD–17, $1,344,741,000;

22 LHA–R, $150,447,000;

23 LCAC Landing Craft Air Cushion,

24 $110,583,000;

25 Prior year shipbuilding costs, $517,523,000;
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HR 2863 EAS

1 Service Craft, $46,055,000; and

2 For outfitting, post delivery, conversions, and

3 first destination transportation, $369,387,000;

4 in all: $8,677,887,000, to remain available for obligation

5 until September 30, 2010: Provided, That additional obli6 gations may be incurred after September 30, 2010, for engi7 neering services, tests, evaluations, and other such budgeted

8 work that must be performed in the final stage of ship con9 struction: Provided further, That none of the funds provided

10 under this heading for the construction or conversion of any

11 naval vessel to be constructed in shipyards in the United

12 States shall be expended in foreign facilities for the con13 struction of major components of such vessel: Provided fur14 ther, That none of the funds provided under this heading

15 shall be used for the construction of any naval vessel in

16 foreign shipyards.

17 OTHER PROCUREMENT, NAVY

18 For procurement, production, and modernization of

19 support equipment and materials not otherwise provided

20 for, Navy ordnance (except ordnance for new aircraft, new

21 ships, and ships authorized for conversion); the purchase

22 of passenger motor vehicles for replacement only, and the

23 purchase of 9 vehicles required for physical security of per24 sonnel, notwithstanding price limitations applicable to pas25 senger vehicles but not to exceed $255,000 per vehicle; ex-
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1 pansion of public and private plants, including the land

2 necessary therefor, and such lands and interests therein,

3 may be acquired, and construction prosecuted thereon prior

4 to approval of title; and procurement and installation of

5 equipment, appliances, and machine tools in public and

6 private plants; reserve plant and Government and con7 tractor-owned equipment layaway, $5,293,157,000, to re8 main available for obligation until September 30, 2008.

9 PROCUREMENT, MARINE CORPS

10 For expenses necessary for the procurement, manufac11 ture, and modification of missiles, armament, military

12 equipment, spare parts, and accessories therefor; plant

13 equipment, appliances, and machine tools, and installation

14 thereof in public and private plants; reserve plant and Gov15 ernment and contractor-owned equipment layaway; vehicles

16 for the Marine Corps, including the purchase of passenger

17 motor vehicles for replacement only; and expansion of pub18 lic and private plants, including land necessary therefor,

19 and such lands and interests therein, may be acquired, and

20 construction prosecuted thereon prior to approval of title,

21 $1,361,605,000, to remain available for obligation until

22 September 30, 2008.

23 AIRCRAFT PROCUREMENT, AIR FORCE

24 For construction, procurement, and modification of

25 aircraft and equipment, including armor and armament,
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1 specialized ground handling equipment, and training de2 vices, spare parts, and accessories therefor; specialized

3 equipment; expansion of public and private plants, Govern4 ment-owned equipment and installation thereof in such

5 plants, erection of structures, and acquisition of land, for

6 the foregoing purposes, and such lands and interests therein,

7 may be acquired, and construction prosecuted thereon prior

8 to approval of title; reserve plant and Government and con9 tractor-owned equipment layaway; and other expenses nec10 essary for the foregoing purposes including rents and trans11 portation of things, $12,729,492,000, to remain available

12 for obligation until September 30, 2008.

13 MISSILE PROCUREMENT, AIR FORCE

14 For construction, procurement, and modification of

15 missiles, spacecraft, rockets, and related equipment, includ16 ing spare parts and accessories therefor, ground handling

17 equipment, and training devices; expansion of public and

18 private plants, Government-owned equipment and installa19 tion thereof in such plants, erection of structures, and ac20 quisition of land, for the foregoing purposes, and such lands

21 and interests therein, may be acquired, and construction

22 prosecuted thereon prior to approval of title; reserve plant

23 and Government and contractor-owned equipment layaway;

24 and other expenses necessary for the foregoing purposes in25 cluding rents and transportation of things, $5,068,974,000,
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1 to remain available for obligation until September 30,

2 2008.

3 PROCUREMENT OF AMMUNITION, AIR FORCE

4 For construction, procurement, production, and modi5 fication of ammunition, and accessories therefor; specialized

6 equipment and training devices; expansion of public and

7 private plants, including ammunition facilities authorized

8 by section 2854 of title 10, United States Code, and the

9 land necessary therefor, for the foregoing purposes, and such

10 lands and interests therein, may be acquired, and construc11 tion prosecuted thereon prior to approval of title; and pro12 curement and installation of equipment, appliances, and

13 machine tools in public and private plants; reserve plant

14 and Government and contractor-owned equipment layaway;

15 and other expenses necessary for the foregoing purposes,

16 $996,111,000, to remain available for obligation until Sep17 tember 30, 2008.

18 OTHER PROCUREMENT, AIR FORCE

19 For procurement and modification of equipment (in20 cluding ground guidance and electronic control equipment,

21 and ground electronic and communication equipment), and

22 supplies, materials, and spare parts therefor, not otherwise

23 provided for; the purchase of passenger motor vehicles for

24 replacement only, and the purchase of 2 vehicles required

25 for physical security of personnel, notwithstanding price
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1 limitations applicable to passenger vehicles but not to ex2 ceed $255,000 per vehicle; lease of passenger motor vehicles;

3 and expansion of public and private plants, Government4 owned equipment and installation thereof in such plants,

5 erection of structures, and acquisition of land, for the fore6 going purposes, and such lands and interests therein, may

7 be acquired, and construction prosecuted thereon, prior to

8 approval of title; reserve plant and Government and con9 tractor-owned equipment layaway, $14,048,439,000, to re10 main available for obligation until September 30, 2008.

11 PROCUREMENT, DEFENSE-WIDE

12 For expenses of activities and agencies of the Depart13 ment of Defense (other than the military departments) nec14 essary for procurement, production, and modification of

15 equipment, supplies, materials, and spare parts therefor,

16 not otherwise provided for; the purchase of passenger motor

17 vehicles for replacement only, and the purchase of 5 vehicles

18 required for physical security of personnel, notwithstanding

19 prior limitations applicable to passenger vehicles but not

20 to exceed $255,000 per vehicle; expansion of public and pri21 vate plants, equipment, and installation thereof in such

22 plants, erection of structures, and acquisition of land for

23 the foregoing purposes, and such lands and interests therein,

24 may be acquired, and construction prosecuted thereon prior

25 to approval of title; reserve plant and Government and con-
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1 tractor-owned equipment layaway, $2,572,250,000, to re2 main available for obligation until September 30, 2008.

3 NATIONAL GUARD AND RESERVE EQUIPMENT

4 For procurement of aircraft, missiles, tracked combat

5 vehicles, ammunition, other weapons, and other procure6 ment for the reserve components of the Armed Forces,

7 $422,000,000, to remain available for obligation until Sep8 tember 30, 2008: Provided, That the Chiefs of the Reserve

9 and National Guard components shall, not later than 30

10 days after the enactment of this Act, individually submit

11 to the congressional defense committees the modernization

12 priority assessment for their respective Reserve or National

13 Guard component.

14 DEFENSE PRODUCTION ACT PURCHASES

15 For activities by the Department of Defense pursuant

16 to sections 108, 301, 302, and 303 of the Defense Production

17 Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093),

18 $68,573,000, to remain available until expended.

19 TITLE IV—RESEARCH, DEVELOPMENT, TEST AND

20 EVALUATION

21 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

22 For expenses necessary for basic and applied scientific

23 research, development, test and evaluation, including main24 tenance, rehabilitation, lease, and operation of facilities
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1 and equipment, $10,520,592,000, to remain available for

2 obligation until September 30, 2007.

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

4 For expenses necessary for basic and applied scientific

5 research, development, test and evaluation, including main6 tenance, rehabilitation, lease, and operation of facilities

7 and equipment, $18,557,904,000, to remain available for

8 obligation until September 30, 2007: Provided, That funds

9 appropriated in this paragraph which are available for the

10 V–22 may be used to meet unique operational requirements

11 of the Special Operations Forces: Provided further, That

12 funds appropriated in this paragraph shall be available for

13 the Cobra Judy program.

14 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR

15 FORCE

16 For expenses necessary for basic and applied scientific

17 research, development, test and evaluation, including main18 tenance, rehabilitation, lease, and operation of facilities

19 and equipment, $21,859,010,000, to remain available for

20 obligation until September 30, 2007.

21 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

22 DEFENSE-WIDE

23 For expenses of activities and agencies of the Depart24 ment of Defense (other than the military departments), nec25 essary for basic and applied scientific research, develop-
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1 ment, test and evaluation; advanced research projects as

2 may be designated and determined by the Secretary of De3 fense, pursuant to law; maintenance, rehabilitation, lease,

4 and operation of facilities and equipment, $19,301,618,000,

5 to remain available for obligation until September 30,

6 2007.

7 OPERATIONAL TEST AND EVALUATION, DEFENSE

8 For expenses, not otherwise provided for, necessary for

9 the independent activities of the Director, Operational Test

10 and Evaluation, in the direction and supervision of oper11 ational test and evaluation, including initial operational

12 test and evaluation which is conducted prior to, and in sup13 port of, production decisions; joint operational testing and

14 evaluation; and administrative expenses in connection

15 therewith, $168,458,000, to remain available for obligation

16 until September 30, 2007.

17 TITLE V—REVOLVING AND MANAGEMENT FUNDS

18 DEFENSE WORKING CAPITAL FUNDS

19 For the Defense Working Capital Funds,

20 $1,154,940,000.

21 NATIONAL DEFENSE SEALIFT FUND

22 For National Defense Sealift Fund programs, projects,

23 and activities, and for expenses of the National Defense Re24 serve Fleet, as established by section 11 of the Merchant

25 Ship Sales Act of 1946 (50 U.S.C. App. 1744), and for the
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1 necessary expenses to maintain and preserve a U.S.-flag

2 merchant fleet to serve the national security needs of the

3 United States, $579,954,000, to remain available until ex4 pended: Provided, That none of the funds provided in this

5 paragraph shall be used to award a new contract that pro6 vides for the acquisition of any of the following major com7 ponents unless such components are manufactured in the

8 United States: auxiliary equipment, including pumps, for

9 all shipboard services; propulsion system components (that

10 is; engines, reduction gears, and propellers); shipboard

11 cranes; and spreaders for shipboard cranes: Provided fur12 ther, That the exercise of an option in a contract awarded

13 through the obligation of previously appropriated funds

14 shall not be considered to be the award of a new contract:

15 Provided further, That the Secretary of the military depart16 ment responsible for such procurement may waive the re17 strictions in the first proviso on a case-by-case basis by cer18 tifying in writing to the Committees on Appropriations of

19 the House of Representatives and the Senate that adequate

20 domestic supplies are not available to meet Department of

21 Defense requirements on a timely basis and that such an

22 acquisition must be made in order to acquire capability for

23 national security purposes.
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1 TITLE VI—OTHER DEPARTMENT OF DEFENSE

2 PROGRAMS

3 DEFENSE HEALTH PROGRAM

4 For expenses, not otherwise provided for, for medical

5 and health care programs of the Department of Defense, as

6 authorized by law, $20,237,962,000, of which

7 $19,345,087,000 shall be for Operation and maintenance,

8 of which not to exceed 2 percent shall remain available until

9 September 30, 2007, and of which up to $10,157,427,000

10 may be available for contracts entered into under the

11 TRICARE program; of which $377,319,000, to remain

12 available for obligation until September 30, 2008, shall be

13 for Procurement; and of which $515,556,000, to remain

14 available for obligation until September 30, 2007, shall be

15 for Research, development, test and evaluation.

16 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, ARMY

17 For expenses, not otherwise provided for, necessary for

18 the destruction of the United States stockpile of lethal chem19 ical agents and munitions, to include construction of facili20 ties, in accordance with the provisions of section 1412 of

21 the Department of Defense Authorization Act, 1986 (50

22 U.S.C. 1521), and for the destruction of other chemical war23 fare materials that are not in the chemical weapon stock24 pile, $1,430,727,000, of which $1,241,514,000 shall be for

25 Operation and maintenance; $116,527,000 shall be for Pro-
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HR 2863 EAS

1 curement to remain available until September 30, 2008;

2 $72,686,000 shall be for Research, development, test and

3 evaluation, of which $57,926,000 shall only be for the As4 sembled Chemical Weapons Alternatives (ACWA) program,

5 to remain available until September 30, 2007; and no less

6 than $119,300,000 may be for the Chemical Stockpile

7 Emergency Preparedness Program, of which $36,800,000

8 shall be for activities on military installations and

9 $82,500,000 shall be to assist State and local governments.

10 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,

11 DEFENSE

12 (INCLUDING TRANSFER OF FUNDS)

13 For drug interdiction and counter-drug activities of

14 the Department of Defense, for transfer to appropriations

15 available to the Department of Defense for military per16 sonnel of the reserve components serving under the provi17 sions of title 10 and title 32, United States Code; for Oper18 ation and maintenance; for Procurement; and for Research,

19 development, test and evaluation, $926,821,000: Provided,

20 That the funds appropriated under this heading shall be

21 available for obligation for the same time period and for

22 the same purpose as the appropriation to which transferred:

23 Provided further, That upon a determination that all or

24 part of the funds transferred from this appropriation are

25 not necessary for the purposes provided herein, such
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1 amounts may be transferred back to this appropriation:

2 Provided further, That the transfer authority provided

3 under this heading is in addition to any other transfer au4 thority contained elsewhere in this Act.

5 OFFICE OF THE INSPECTOR GENERAL

6 For expenses and activities of the Office of the Inspec7 tor General in carrying out the provisions of the Inspector

8 General Act of 1978, as amended, $209,687,000, of which

9 $208,687,000 shall be for Operation and maintenance, of

10 which not to exceed $700,000 is available for emergencies

11 and extraordinary expenses to be expended on the approval

12 or authority of the Inspector General, and payments may

13 be made on the Inspector General’s certificate of necessity

14 for confidential military purposes; and of which $1,000,000,

15 to remain available until September 30, 2008, shall be for

16 Procurement.

17 TITLE VII—RELATED AGENCIES

18 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

19 DISABILITY SYSTEM FUND

20 For payment to the Central Intelligence Agency Retire21 ment and Disability System Fund, to maintain the proper

22 funding level for continuing the operation of the Central

23 Intelligence Agency Retirement and Disability System,

24 $244,600,000.
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1 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

2 (INCLUDING TRANSFER OF FUNDS)

3 For necessary expenses of the Intelligence Community

4 Management Account, $413,344,000, of which $27,454,000

5 for the Advanced Research and Development Committee

6 shall remain available until September 30, 2007: Provided,

7 That of the funds appropriated under this heading,

8 $17,000,000 shall be transferred to the Department of Jus9 tice for the National Drug Intelligence Center to support

10 the Department of Defense’s counter-drug intelligence re11 sponsibilities.

12 TITLE VIII—GENERAL PROVISIONS

13 SEC. 8001. No part of any appropriation contained

14 in this Act shall be used for publicity or propaganda pur15 poses not authorized by the Congress.

16 SEC. 8002. During the current fiscal year, provisions

17 of law prohibiting the payment of compensation to, or em18 ployment of, any person not a citizen of the United States

19 shall not apply to personnel of the Department of Defense:

20 Provided, That salary increases granted to direct and indi21 rect hire foreign national employees of the Department of

22 Defense funded by this Act shall not be at a rate in excess

23 of the percentage increase authorized by law for civilian

24 employees of the Department of Defense whose pay is com25 puted under the provisions of section 5332 of title 5, United
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1 States Code, or at a rate in excess of the percentage increase

2 provided by the appropriate host nation to its own employ3 ees, whichever is higher: Provided further, That this section

4 shall not apply to Department of Defense foreign service

5 national employees serving at United States diplomatic

6 missions whose pay is set by the Department of State under

7 the Foreign Service Act of 1980: Provided further, That the

8 limitations of this provision shall not apply to foreign na9 tional employees of the Department of Defense in the Re10 public of Turkey.

11 SEC. 8003. No part of any appropriation contained

12 in this Act shall remain available for obligation beyond the

13 current fiscal year, unless expressly so provided herein.

14 SEC. 8004. No more than 20 percent of the appropria15 tions in this Act which are limited for obligation during

16 the current fiscal year shall be obligated during the last 2

17 months of the fiscal year: Provided, That this section shall

18 not apply to obligations for support of active duty training

19 of reserve components or summer camp training of the Re20 serve Officers’ Training Corps.

21 (TRANSFER OF FUNDS)

22 SEC. 8005. Upon determination by the Secretary of

23 Defense that such action is necessary in the national inter24 est, he may, with the approval of the Office of Management

25 and Budget, transfer not to exceed $3,500,000,000 of work26 ing capital funds of the Department of Defense or funds
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1 made available in this Act to the Department of Defense

2 for military functions (except military construction) be3 tween such appropriations or funds or any subdivision

4 thereof, to be merged with and to be available for the same

5 purposes, and for the same time period, as the appropria6 tion or fund to which transferred: Provided, That such au7 thority to transfer may not be used unless for higher pri8 ority items, based on unforeseen military requirements,

9 than those for which originally appropriated and in no case

10 where the item for which funds are requested has been de11 nied by the Congress: Provided further, That the Secretary

12 of Defense shall notify the Congress promptly of all transfers

13 made pursuant to this authority or any other authority in

14 this Act: Provided further, That no part of the funds in

15 this Act shall be available to prepare or present a request

16 to the Committees on Appropriations for reprogramming

17 of funds, unless for higher priority items, based on unfore18 seen military requirements, than those for which originally

19 appropriated and in no case where the item for which re20 programming is requested has been denied by the Congress:

21 Provided further, That a request for multiple

22 reprogrammings of funds using authority provided in this

23 section must be made prior to June 30, 2006: Provided fur24 ther, That transfers among military personnel appropria25 tions shall not be taken into account for purposes of the
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1 limitation on the amount of funds that may be transferred

2 under this section.

3 (TRANSFER OF FUNDS)

4 SEC. 8006. During the current fiscal year, cash bal5 ances in working capital funds of the Department of De6 fense established pursuant to section 2208 of title 10, United

7 States Code, may be maintained in only such amounts as

8 are necessary at any time for cash disbursements to be made

9 from such funds: Provided, That transfers may be made be10 tween such funds: Provided further, That transfers may be

11 made between working capital funds and the ‘‘Foreign Cur12 rency Fluctuations, Defense’’ appropriation and the ‘‘Oper13 ation and Maintenance’’ appropriation accounts in such

14 amounts as may be determined by the Secretary of Defense,

15 with the approval of the Office of Management and Budget,

16 except that such transfers may not be made unless the Sec17 retary of Defense has notified the Congress of the proposed

18 transfer. Except in amounts equal to the amounts appro19 priated to working capital funds in this Act, no obligations

20 may be made against a working capital fund to procure

21 or increase the value of war reserve material inventory, un22 less the Secretary of Defense has notified the Congress prior

23 to any such obligation.

24 SEC. 8007. Funds appropriated by this Act may not

25 be used to initiate a special access program without prior
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1 notification 30 calendar days in session in advance to the

2 congressional defense committees.

3 SEC. 8008. None of the funds provided in this Act shall

4 be available to initiate: (1) a multiyear contract that em5 ploys economic order quantity procurement in excess of

6 $20,000,000 in any 1 year of the contract or that includes

7 an unfunded contingent liability in excess of $20,000,000;

8 or (2) a contract for advance procurement leading to a

9 multiyear contract that employs economic order quantity

10 procurement in excess of $20,000,000 in any 1 year, unless

11 the congressional defense committees have been notified at

12 least 30 days in advance of the proposed contract award:

13 Provided, That no part of any appropriation contained in

14 this Act shall be available to initiate a multiyear contract

15 for which the economic order quantity advance procurement

16 is not funded at least to the limits of the Government’s li17 ability: Provided further, That no part of any appropria18 tion contained in this Act shall be available to initiate

19 multiyear procurement contracts for any systems or compo20 nent thereof if the value of the multiyear contract would

21 exceed $500,000,000 unless specifically provided in this Act:

22 Provided further, That no multiyear procurement contract

23 can be terminated without 10-day prior notification to the

24 congressional defense committees: Provided further, That the

25 execution of multiyear authority shall require the use of a
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1 present value analysis to determine lowest cost compared

2 to an annual procurement: Provided further, That none of

3 the funds provided in this Act may be used for a multiyear

4 contract executed after the date of the enactment of this Act

5 unless in the case of any such contract—

6 (1) the Secretary of Defense has submitted to

7 Congress a budget request for full funding of units to

8 be procured through the contract;

9 (2) cancellation provisions in the contract do not

10 include consideration of recurring manufacturing

11 costs of the contractor associated with the production

12 of unfunded units to be delivered under the contract;

13 (3) the contract provides that payments to the

14 contractor under the contract shall not be made in

15 advance of incurred costs on funded units; and

16 (4) the contract does not provide for a price ad17 justment based on a failure to award a follow-on con18 tract.

19 Funds appropriated in title III of this Act may be

20 used for a multiyear procurement contract as follows:

21 UH–60/MH–60 Helicopters; and

22 C–17 Globemaster.

23 SEC. 8009. Within the funds appropriated for the oper24 ation and maintenance of the Armed Forces, funds are here25 by appropriated pursuant to section 401 of title 10, United
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1 States Code, for humanitarian and civic assistance costs

2 under chapter 20 of title 10, United States Code. Such funds

3 may also be obligated for humanitarian and civic assist4 ance costs incidental to authorized operations and pursuant

5 to authority granted in section 401 of chapter 20 of title

6 10, United States Code, and these obligations shall be re7 ported as required by section 401(d) of title 10, United

8 States Code: Provided, That funds available for operation

9 and maintenance shall be available for providing humani10 tarian and similar assistance by using Civic Action Teams

11 in the Trust Territories of the Pacific Islands and freely

12 associated states of Micronesia, pursuant to the Compact

13 of Free Association as authorized by Public Law 99–239:

14 Provided further, That upon a determination by the Sec15 retary of the Army that such action is beneficial for grad16 uate medical education programs conducted at Army med17 ical facilities located in Hawaii, the Secretary of the Army

18 may authorize the provision of medical services at such fa19 cilities and transportation to such facilities, on a non20 reimbursable basis, for civilian patients from American

21 Samoa, the Commonwealth of the Northern Mariana Is22 lands, the Marshall Islands, the Federated States of Micro23 nesia, Palau, and Guam.

24 SEC. 8010. (a) During fiscal year 2006, the civilian

25 personnel of the Department of Defense may not be man-
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HR 2863 EAS

1 aged on the basis of any end-strength, and the management

2 of such personnel during that fiscal year shall not be subject

3 to any constraint or limitation (known as an end-strength)

4 on the number of such personnel who may be employed on

5 the last day of such fiscal year.

6 (b) The fiscal year 2007 budget request for the Depart7 ment of Defense as well as all justification material and

8 other documentation supporting the fiscal year 2007 De9 partment of Defense budget request shall be prepared and

10 submitted to the Congress as if subsections (a) and (b) of

11 this provision were effective with regard to fiscal year 2006.

12 (c) Nothing in this section shall be construed to apply

13 to military (civilian) technicians.

14 SEC. 8011. None of the funds appropriated in this or

15 any other Act may be used to initiate a new installation

16 overseas without 30-day advance notification to the Com17 mittees on Appropriations.

18 SEC. 8012. None of the funds made available by this

19 Act shall be used in any way, directly or indirectly, to in20 fluence congressional action on any legislation or appro21 priation matters pending before the Congress.

22 SEC. 8013. None of the funds appropriated by this Act

23 shall be available for the basic pay and allowances of any

24 member of the Army participating as a full-time student

25 and receiving benefits paid by the Secretary of Veterans Af-
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HR 2863 EAS

1 fairs from the Department of Defense Education Benefits

2 Fund when time spent as a full-time student is credited

3 toward completion of a service commitment: Provided, That

4 this subsection shall not apply to those members who have

5 reenlisted with this option prior to October 1, 1987: Pro6 vided further, That this subsection applies only to active

7 components of the Army.

8 SEC. 8014. (a) LIMITATION ON CONVERSION TO CON9 TRACTOR PERFORMANCE.—None of the funds appropriated

10 by this Act shall be available to convert to contractor per11 formance an activity or function of the Department of De12 fense that, on or after the date of the enactment of this Act,

13 is performed by more than 10 Department of Defense civil14 ian employees unless—

15 (1) the conversion is based on the result of a pub16 lic-private competition that includes a most efficient

17 and cost effective organization plan developed by such

18 activity or function;

19 (2) the Competitive Sourcing Official determines

20 that, over all performance periods stated in the solici21 tation of offers for performance of the activity or

22 function, the cost of performance of the activity or

23 function by a contractor would be less costly to the

24 Department of Defense by an amount that equals or

25 exceeds the lesser of—
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1 (A) 10 percent of the most efficient organi2 zation’s personnel-related costs for performance

3 of that activity or function by Federal employ4 ees; or

5 (B) $10,000,000; and

6 (3) the contractor does not receive an advantage

7 for a proposal that would reduce costs for the Depart8 ment of Defense by—

9 (A) not making an employer-sponsored

10 health insurance plan available to the workers

11 who are to be employed in the performance of

12 that activity or function under the contract; or

13 (B) offering to such workers an employer14 sponsored health benefits plan that requires the

15 employer to contribute less towards the premium

16 or subscription share than the amount that is

17 paid by the Department of Defense for health

18 benefits for civilian employees under chapter 89

19 of title 5, United States Code.

20 (b) EXCEPTIONS.—

21 (1) The Department of Defense, without regard

22 to subsection (a) of this section or subsections (a), (b),

23 or (c) of section 2461 of title 10, United States Code,

24 and notwithstanding any administrative regulation,

25 requirement, or policy to the contrary shall have full
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1 authority to enter into a contract for the performance

2 of any commercial or industrial type function of the

3 Department of Defense that—

4 (A) is included on the procurement list es5 tablished pursuant to section 2 of the Javits6 Wagner-O’Day Act (41 U.S.C. 47);

7 (B) is planned to be converted to perform8 ance by a qualified nonprofit agency for the

9 blind or by a qualified nonprofit agency for

10 other severely handicapped individuals in ac11 cordance with that Act; or

12 (C) is planned to be converted to perform13 ance by a qualified firm under at least 51 per14 cent ownership by an Indian tribe, as defined in

15 section 4(e) of the Indian Self-Determination

16 and Education Assistance Act (25 U.S.C.

17 450b(e)), or a Native Hawaiian Organization, as

18 defined in section 8(a)(15) of the Small Business

19 Act (15 U.S.C. 637(a)(15)).

20 (2) This section shall not apply to depot con21 tracts or contracts for depot maintenance as provided

22 in sections 2469 and 2474 of title 10, United States

23 Code.

24 (c) TREATMENT OF CONVERSION.—The conversion of

25 any activity or function of the Department of Defense under
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HR 2863 EAS

1 the authority provided by this section shall be credited to2 ward any competitive or outsourcing goal, target, or meas3 urement that may be established by statute, regulation, or

4 policy and is deemed to be awarded under the authority

5 of, and in compliance with, subsection (h) of section 2304

6 of title 10, United States Code, for the competition or

7 outsourcing of commercial activities.

8 (TRANSFER OF FUNDS)

9 SEC. 8015. Funds appropriated in title III of this Act

10 for the Department of Defense Pilot Mentor-Protege Pro11 gram may be transferred to any other appropriation con12 tained in this Act solely for the purpose of implementing

13 a Mentor-Protege Program developmental assistance agree14 ment pursuant to section 831 of the National Defense Au15 thorization Act for Fiscal Year 1991 (Public Law 101–510;

16 10 U.S.C. 2302 note), as amended, under the authority of

17 this provision or any other transfer authority contained in

18 this Act.

19 SEC. 8016. None of the funds in this Act may be avail20 able for the purchase by the Department of Defense (and

21 its departments and agencies) of welded shipboard anchor

22 and mooring chain 4 inches in diameter and under unless

23 the anchor and mooring chain are manufactured in the

24 United States from components which are substantially

25 manufactured in the United States: Provided, That for the

26 purpose of this section manufactured will include cutting,
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HR 2863 EAS

1 heat treating, quality control, testing of chain and welding

2 (including the forging and shot blasting process): Provided

3 further, That for the purpose of this section substantially

4 all of the components of anchor and mooring chain shall

5 be considered to be produced or manufactured in the United

6 States if the aggregate cost of the components produced or

7 manufactured in the United States exceeds the aggregate

8 cost of the components produced or manufactured outside

9 the United States: Provided further, That when adequate

10 domestic supplies are not available to meet Department of

11 Defense requirements on a timely basis, the Secretary of the

12 service responsible for the procurement may waive this re13 striction on a case-by-case basis by certifying in writing

14 to the Committees on Appropriations that such an acquisi15 tion must be made in order to acquire capability for na16 tional security purposes.

17 SEC. 8017. None of the funds appropriated by this Act

18 available for the Civilian Health and Medical Program of

19 the Uniformed Services (CHAMPUS) or TRICARE shall

20 be available for the reimbursement of any health care pro21 vider for inpatient mental health service for care received

22 when a patient is referred to a provider of inpatient mental

23 health care or residential treatment care by a medical or

24 health care professional having an economic interest in the

25 facility to which the patient is referred: Provided, That this
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1 limitation does not apply in the case of inpatient mental

2 health services provided under the program for persons with

3 disabilities under subsection (d) of section 1079 of title 10,

4 United States Code, provided as partial hospital care, or

5 provided pursuant to a waiver authorized by the Secretary

6 of Defense because of medical or psychological circumstances

7 of the patient that are confirmed by a health professional

8 who is not a Federal employee after a review, pursuant to

9 rules prescribed by the Secretary, which takes into account

10 the appropriate level of care for the patient, the intensity

11 of services required by the patient, and the availability of

12 that care.

13 SEC. 8018. Of the funds appropriated or otherwise

14 made available in this Act, a reduction of $591,100,000 is

15 hereby taken from title III, Procurement, from the ‘‘Other

16 Procurement, Army’’ account: Provided, That within 30

17 days of enactment of this Act, the Secretary of the Army

18 shall provide a report to the House Committee on Appro19 priations and the Senate Committee on Appropriations

20 which describes the application of these reductions to pro21 grams, projects or activities within this account.

22 SEC. 8019. None of the funds available to the Depart23 ment of Defense may be used to demilitarize or dispose of

24 M–1 Carbines, M–1 Garand rifles, M–14 rifles, .22 caliber

25 rifles, .30 caliber rifles, or M–1911 pistols.
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1 SEC. 8020. No more than $500,000 of the funds appro2 priated or made available in this Act shall be used during

3 a single fiscal year for any single relocation of an organiza4 tion, unit, activity or function of the Department of Defense

5 into or within the National Capital Region: Provided, That

6 the Secretary of Defense may waive this restriction on a

7 case-by-case basis by certifying in writing to the congres8 sional defense committees that such a relocation is required

9 in the best interest of the Government.

10 SEC. 8021. In addition to the funds provided elsewhere

11 in this Act, $8,000,000 is appropriated only for incentive

12 payments authorized by section 504 of the Indian Financ13 ing Act of 1974 (25 U.S.C. 1544): Provided, That a prime

14 contractor or a subcontractor at any tier that makes a sub15 contract award to any subcontractor or supplier as defined

16 in section 1544 of title 25, United States Code or a small

17 business owned and controlled by an individual or individ18 uals defined under section 4221(9) of title 25, United States

19 Code shall be considered a contractor for the purposes of

20 being allowed additional compensation under section 504

21 of the Indian Financing Act of 1974 (25 U.S.C. 1544)

22 whenever the prime contract or subcontract amount is over

23 $500,000 and involves the expenditure of funds appro24 priated by an Act making Appropriations for the Depart25 ment of Defense with respect to any fiscal year: Provided
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1 further, That notwithstanding section 430 of title 41,

2 United States Code, this section shall be applicable to any

3 Department of Defense acquisition of supplies or services,

4 including any contract and any subcontract at any tier for

5 acquisition of commercial items produced or manufactured,

6 in whole or in part by any subcontractor or supplier de7 fined in section 1544 of title 25, United States Code or a

8 small business owned and controlled by an individual or

9 individuals defined under section 4221(9) of title 25,

10 United States Code: Provided further, That, during the cur11 rent fiscal year and hereafter, businesses certified as 8(a)

12 by the Small Business Administration pursuant to section

13 8(a)(15) of Public Law 85–536, as amended, shall have the

14 same status as other program participants under section

15 602 of Public Law 100–656, 102 Stat. 3825 (Business Op16 portunity Development Reform Act of 1988) for purposes

17 of contracting with agencies of the Department of Defense.

18 SEC. 8022. None of the funds appropriated by this Act

19 shall be available to perform any cost study pursuant to

20 the provisions of OMB Circular A–76 if the study being

21 performed exceeds a period of 24 months after initiation

22 of such study with respect to a single function activity or

23 30 months after initiation of such study for a multi-func24 tion activity.
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1 SEC. 8023. Funds appropriated by this Act for the

2 American Forces Information Service shall not be used for

3 any national or international political or psychological ac4 tivities.

5 SEC. 8024. Notwithstanding any other provision of

6 law or regulation, the Secretary of Defense may adjust wage

7 rates for civilian employees hired for certain health care

8 occupations as authorized for the Secretary of Veterans Af9 fairs by section 7455 of title 38, United States Code.

10 SEC. 8025. The Secretary of Defense, acting through

11 the Office of Economic Adjustment of the Department of De12 fense, may use funds made available in this Act under the

13 heading ‘‘Operation and Maintenance, Defense-Wide’’ to

14 make grants and supplement other Federal funds in accord15 ance with the guidance provided in the report of the Com16 mittee on Appropriations of the Senate accompanying this

17 Act, and the projects specified in such guidance shall be con18 sidered to be authorized by law.

19 SEC. 8026. During the current fiscal year, the Depart20 ment of Defense is authorized to incur obligations of not

21 to exceed $350,000,000 for purposes specified in section

22 2350j(c) of title 10, United States Code, in anticipation of

23 receipt of contributions, only from the Government of Ku24 wait, under that section: Provided, That upon receipt, such

25 contributions from the Government of Kuwait shall be cred-
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1 ited to the appropriations or fund which incurred such obli2 gations.

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 8027. (a) Of the funds made available in this

5 Act, not less than $31,109,000 shall be available for the

6 Civil Air Patrol Corporation, of which—

7 (1) $24,288,000 shall be available from ‘‘Oper8 ation and Maintenance, Air Force’’ to support Civil

9 Air Patrol Corporation operation and maintenance,

10 readiness, counterdrug activities, and drug demand

11 reduction activities involving youth programs;

12 (2) $6,000,000 shall be available from ‘‘Aircraft

13 Procurement, Air Force’’; and

14 (3) $821,000 shall be available from ‘‘Other Pro15 curement, Air Force’’ for vehicle procurement.

16 (b) The Secretary of the Air Force should waive reim17 bursement for any funds used by the Civil Air Patrol for

18 counter-drug activities in support of Federal, State, and

19 local government agencies.

20 SEC. 8028. (a) None of the funds appropriated in this

21 Act are available to establish a new Department of Defense

22 (department) federally funded research and development

23 center (FFRDC), either as a new entity, or as a separate

24 entity administrated by an organization managing another

25 FFRDC, or as a nonprofit membership corporation con-
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1 sisting of a consortium of other FFRDCs and other non2 profit entities.

3 (b) No member of a Board of Directors, Trustees, Over4 seers, Advisory Group, Special Issues Panel, Visiting Com5 mittee, or any similar entity of a defense FFRDC, and no

6 paid consultant to any defense FFRDC, except when acting

7 in a technical advisory capacity, may be compensated for

8 his or her services as a member of such entity, or as a paid

9 consultant by more than one FFRDC in a fiscal year: Pro10 vided, That a member of any such entity referred to pre11 viously in this subsection shall be allowed travel expenses

12 and per diem as authorized under the Federal Joint Travel

13 Regulations, when engaged in the performance of member14 ship duties.

15 (c) Notwithstanding any other provision of law, none

16 of the funds available to the department from any source

17 during fiscal year 2006 may be used by a defense FFRDC,

18 through a fee or other payment mechanism, for construction

19 of new buildings, for payment of cost sharing for projects

20 funded by Government grants, for absorption of contract

21 overruns, or for certain charitable contributions, not to in22 clude employee participation in community service and/or

23 development.

24 (d) Notwithstanding any other provision of law, of the

25 funds available to the department during fiscal year 2006,
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1 not more than 5,500 staff years of technical effort (staff

2 years) may be funded for defense FFRDCs: Provided, That

3 of the specific amount referred to previously in this sub4 section, not more than 1,050 staff years may be funded for

5 the defense studies and analysis FFRDCs: Provided further,

6 That this subsection shall not apply to staff years funded

7 in the National Intelligence Program (NIP).

8 (e) The Secretary of Defense shall, with the submission

9 of the department’s fiscal year 2007 budget request, submit

10 a report presenting the specific amounts of staff years of

11 technical effort to be allocated for each defense FFRDC dur12 ing that fiscal year.

13 (f) Notwithstanding any other provision of this Act,

14 the total amount appropriated in this Act for FFRDCs is

15 hereby reduced by $51,600,000.

16 SEC. 8029. None of the funds appropriated or made

17 available in this Act shall be used to procure carbon, alloy

18 or armor steel plate for use in any Government-owned facil19 ity or property under the control of the Department of De20 fense which were not melted and rolled in the United States

21 or Canada: Provided, That these procurement restrictions

22 shall apply to any and all Federal Supply Class 9515,

23 American Society of Testing and Materials (ASTM) or

24 American Iron and Steel Institute (AISI) specifications of

25 carbon, alloy or armor steel plate: Provided further, That
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1 the Secretary of the military department responsible for the

2 procurement may waive this restriction on a case-by-case

3 basis by certifying in writing to the Committees on Appro4 priations of the House of Representatives and the Senate

5 that adequate domestic supplies are not available to meet

6 Department of Defense requirements on a timely basis and

7 that such an acquisition must be made in order to acquire

8 capability for national security purposes: Provided further,

9 That these restrictions shall not apply to contracts which

10 are in being as of the date of the enactment of this Act.

11 SEC. 8030. For the purposes of this Act, the term ‘‘con12 gressional defense committees’’ means the Armed Services

13 Committee of the House of Representatives, the Armed Serv14 ices Committee of the Senate, the Subcommittee on Defense

15 of the Committee on Appropriations of the Senate, and the

16 Subcommittee on Defense of the Committee on Appropria17 tions of the House of Representatives.

18 SEC. 8031. During the current fiscal year, the Depart19 ment of Defense may acquire the modification, depot main20 tenance and repair of aircraft, vehicles and vessels as well

21 as the production of components and other Defense-related

22 articles, through competition between Department of De23 fense depot maintenance activities and private firms: Pro24 vided, That the Senior Acquisition Executive of the military

25 department or Defense Agency concerned, with power of del-
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1 egation, shall certify that successful bids include comparable

2 estimates of all direct and indirect costs for both public and

3 private bids: Provided further, That Office of Management

4 and Budget Circular A–76 shall not apply to competitions

5 conducted under this section.

6 SEC. 8032. (a)(1) If the Secretary of Defense, after con7 sultation with the United States Trade Representative, de8 termines that a foreign country which is party to an agree9 ment described in paragraph (2) has violated the terms of

10 the agreement by discriminating against certain types of

11 products produced in the United States that are covered by

12 the agreement, the Secretary of Defense shall rescind the

13 Secretary’s blanket waiver of the Buy American Act with

14 respect to such types of products produced in that foreign

15 country.

16 (2) An agreement referred to in paragraph (1) is any

17 reciprocal defense procurement memorandum of under18 standing, between the United States and a foreign country

19 pursuant to which the Secretary of Defense has prospec20 tively waived the Buy American Act for certain products

21 in that country.

22 (b) The Secretary of Defense shall submit to the Con23 gress a report on the amount of Department of Defense pur24 chases from foreign entities in fiscal year 2006. Such report

25 shall separately indicate the dollar value of items for which
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1 the Buy American Act was waived pursuant to any agree2 ment described in subsection (a)(2), the Trade Agreement

3 Act of 1979 (19 U.S.C. 2501 et seq.), or any international

4 agreement to which the United States is a party.

5 (c) For purposes of this section, the term ‘‘Buy Amer6 ican Act’’ means title III of the Act entitled ‘‘An Act mak7 ing appropriations for the Treasury and Post Office De8 partments for the fiscal year ending June 30, 1934, and

9 for other purposes’’, approved March 3, 1933 (41 U.S.C.

10 10a et seq.).

11 SEC. 8033. Appropriations contained in this Act that

12 remain available at the end of the current fiscal year, and

13 at the end of each fiscal year hereafter, as a result of energy

14 cost savings realized by the Department of Defense shall re15 main available for obligation for the next fiscal year to the

16 extent, and for the purposes, provided in section 2865 of

17 title 10, United States Code.

18 SEC. 8034. None of the funds in this Act may be used

19 for research, development, test, evaluation, procurement or

20 deployment of nuclear armed interceptors of a missile de21 fense system.

22 SEC. 8035. None of the funds appropriated in this Act

23 shall be used to study, demonstrate, or implement any plans

24 privatizing, divesting or transferring of any Civil Works

25 missions, functions, or responsibilities for the United States
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1 Army Corps of Engineers to other government agencies

2 without specific direction in a subsequent Act of Congress.

3 SEC. 8036. The President shall include with each budg4 et for a fiscal year submitted to the Congress under section

5 1105 of title 31, and hereafter, United States Code, mate6 rials that shall identify clearly and separately the amounts

7 requested in the budget for appropriation for that fiscal

8 year for salaries and expenses related to administrative ac9 tivities of the Department of Defense, the military depart10 ments, and the defense agencies.

11 SEC. 8037. Notwithstanding any other provision of

12 law, funds available during the current fiscal year and

13 hereafter for ‘‘Drug Interdiction and Counter-Drug Activi14 ties, Defense’’ may be obligated for the Young Marines pro15 gram.

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 8038. During the current fiscal year, amounts

18 contained in the Department of Defense Overseas Military

19 Facility Investment Recovery Account established by section

20 2921(c)(1) of the National Defense Authorization Act of

21 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall be

22 available until expended for the payments specified by sec23 tion 2921(c)(2) of that Act.

24 SEC. 8039. (a) IN GENERAL.—Notwithstanding any

25 other provision of law, the Secretary of the Air Force may

26 convey at no cost to the Air Force, without consideration,
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1 to Indian tribes located in the States of North Dakota,

2 South Dakota, Montana, and Minnesota relocatable mili3 tary housing units located at Grand Forks Air Force Base

4 and Minot Air Force Base that are excess to the needs of

5 the Air Force.

6 (b) PROCESSING OF REQUESTS.—The Secretary of the

7 Air Force shall convey, at no cost to the Air Force, military

8 housing units under subsection (a) in accordance with the

9 request for such units that are submitted to the Secretary

10 by the Operation Walking Shield Program on behalf of In11 dian tribes located in the States of North Dakota, South

12 Dakota, Montana, and Minnesota.

13 (c) RESOLUTION OF HOUSING UNIT CONFLICTS.—The

14 Operation Walking Shield Program shall resolve any con15 flicts among requests of Indian tribes for housing units

16 under subsection (a) before submitting requests to the Sec17 retary of the Air Force under subsection (b).

18 (d) INDIAN TRIBE DEFINED.—In this section, the term

19 ‘‘Indian tribe’’ means any recognized Indian tribe included

20 on the current list published by the Secretary of the Interior

21 under section 104 of the Federally Recognized Indian Tribe

22 Act of 1994 (Public Law 103–454; 108 Stat. 4792; 25

23 U.S.C. 479a–1).

24 SEC. 8040. During the current fiscal year, appropria25 tions which are available to the Department of Defense for
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1 operation and maintenance may be used to purchase items

2 having an investment item unit cost of not more than

3 $250,000.

4 SEC. 8041. (a) During the current fiscal year, none

5 of the appropriations or funds available to the Department

6 of Defense Working Capital Funds shall be used for the pur7 chase of an investment item for the purpose of acquiring

8 a new inventory item for sale or anticipated sale during

9 the current fiscal year or a subsequent fiscal year to cus10 tomers of the Department of Defense Working Capital

11 Funds if such an item would not have been chargeable to

12 the Department of Defense Business Operations Fund dur13 ing fiscal year 1994 and if the purchase of such an invest14 ment item would be chargeable during the current fiscal

15 year to appropriations made to the Department of Defense

16 for procurement.

17 (b) The fiscal year 2007 budget request for the Depart18 ment of Defense as well as all justification material and

19 other documentation supporting the fiscal year 2007 De20 partment of Defense budget shall be prepared and submitted

21 to the Congress on the basis that any equipment which was

22 classified as an end item and funded in a procurement ap23 propriation contained in this Act shall be budgeted for in

24 a proposed fiscal year 2007 procurement appropriation and

25 not in the supply management business area or any other
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1 area or category of the Department of Defense Working

2 Capital Funds.

3 SEC. 8042. None of the funds appropriated by this Act

4 for programs of the Central Intelligence Agency shall re5 main available for obligation beyond the current fiscal year,

6 except for funds appropriated for the Reserve for Contin7 gencies, which shall remain available until September 30,

8 2007: Provided, That funds appropriated, transferred, or

9 otherwise credited to the Central Intelligence Agency Cen10 tral Services Working Capital Fund during this or any

11 prior or subsequent fiscal year shall remain available until

12 expended: Provided further, That any funds appropriated

13 or transferred to the Central Intelligence Agency for ad14 vanced research and development acquisition, for agent op15 erations, and for covert action programs authorized by the

16 President under section 503 of the National Security Act

17 of 1947, as amended, shall remain available until Sep18 tember 30, 2007.

19 SEC. 8043. Notwithstanding any other provision of

20 law, funds made available in this Act for the Defense Intel21 ligence Agency may be used for the design, development, and

22 deployment of General Defense Intelligence Program intel23 ligence communications and intelligence information sys24 tems for the Services, the Unified and Specified Commands,

25 and the component commands.
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1 SEC. 8044. Of the funds appropriated to the Depart2 ment of Defense under the heading ‘‘Operation and Mainte3 nance, Defense-Wide’’, not less than $10,000,000 shall be

4 made available only for the mitigation of environmental

5 impacts, including training and technical assistance to

6 tribes, related administrative support, the gathering of in7 formation, documenting of environmental damage, and de8 veloping a system for prioritization of mitigation and cost

9 to complete estimates for mitigation, on Indian lands re10 sulting from Department of Defense activities.

11 SEC. 8045. (a) None of the funds appropriated in this

12 Act may be expended by an entity of the Department of

13 Defense unless the entity, in expending the funds, complies

14 with the Buy American Act. For purposes of this subsection,

15 the term ‘‘Buy American Act’’ means title III of the Act

16 entitled ‘‘An Act making appropriations for the Treasury

17 and Post Office Departments for the fiscal year ending June

18 30, 1934, and for other purposes’’, approved March 3, 1933

19 (41 U.S.C. 10a et seq.).

20 (b) If the Secretary of Defense determines that a person

21 has been convicted of intentionally affixing a label bearing

22 a ‘‘Made in America’’ inscription to any product sold in

23 or shipped to the United States that is not made in Amer24 ica, the Secretary shall determine, in accordance with sec25 tion 2410f of title 10, United States Code, whether the per-
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1 son should be debarred from contracting with the Depart2 ment of Defense.

3 (c) In the case of any equipment or products purchased

4 with appropriations provided under this Act, it is the sense

5 of the Congress that any entity of the Department of De6 fense, in expending the appropriation, purchase only Amer7 ican-made equipment and products, provided that Amer8 ican-made equipment and products are cost-competitive,

9 quality-competitive, and available in a timely fashion.

10 SEC. 8046. None of the funds appropriated by this Act

11 shall be available for a contract for studies, analysis, or

12 consulting services entered into without competition on the

13 basis of an unsolicited proposal unless the head of the activ14 ity responsible for the procurement determines—

15 (1) as a result of thorough technical evaluation,

16 only one source is found fully qualified to perform the

17 proposed work;

18 (2) the purpose of the contract is to explore an

19 unsolicited proposal which offers significant scientific

20 or technological promise, represents the product of

21 original thinking, and was submitted in confidence

22 by one source; or

23 (3) the purpose of the contract is to take advan24 tage of unique and significant industrial accomplish25 ment by a specific concern, or to insure that a new
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1 product or idea of a specific concern is given finan2 cial support: Provided, That this limitation shall not

3 apply to contracts in an amount of less than

4 $25,000,000, contracts related to improvements of

5 equipment that is in development or production, or

6 contracts as to which a civilian official of the Depart7 ment of Defense, who has been confirmed by the Sen8 ate, determines that the award of such contract is in

9 the interest of the national defense.

10 SEC. 8047. (a) Except as provided in subsection (b)

11 and (c), none of the funds made available by this Act may

12 be used—

13 (1) to establish a field operating agency; or

14 (2) to pay the basic pay of a member of the

15 Armed Forces or civilian employee of the department

16 who is transferred or reassigned from a headquarters

17 activity if the member or employee’s place of duty re18 mains at the location of that headquarters.

19 (b) The Secretary of Defense or Secretary of a military

20 department may waive the limitations in subsection (a),

21 on a case-by-case basis, if the Secretary determines, and cer22 tifies to the Committees on Appropriations of the House of

23 Representatives and Senate that the granting of the waiver

24 will reduce the personnel requirements or the financial re25 quirements of the department.
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1 (c) This section does not apply to—

2 (1) field operating agencies funded within the

3 National Intelligence Program; or

4 (2) an Army field operating agency established

5 to eliminate, mitigate, or counter the effects of impro6 vised explosive devices, and, as determined by the Sec7 retary of the Army, other similar threats.

8 SEC. 8048. Up to $3,000,000 of the funds appropriated

9 in Title II of this Act under the heading, ‘‘Operation and

10 Maintenance, Army’’, may be made available to contract

11 with the Army Historical Foundation, a non profit organi12 zation, for services required to solicit non-Federal donations

13 to support construction and operation of the National Mu14 seum of the United States Army at Fort Belvoir, Virginia:

15 Provided, That notwithstanding any other provision of law,

16 the Army is authorized to receive future payments in this

17 or the subsequent fiscal year from any non-profit organiza18 tion chartered to support the National Museum of the

19 United States Army to reimburse amounts expended by the

20 Army pursuant to this section: Provided further, That any

21 reimbursements received pursuant to this section shall be

22 merged with ‘‘Operation and Maintenance, Army’’ and

23 shall be made available for the same purposes and for the

24 same time period as that appropriation account.
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1 (RESCISSIONS)

2 SEC. 8049. Of the funds appropriated in Department

3 of Defense Appropriations Acts, the following funds are

4 hereby rescinded from the following accounts and programs

5 in the specified amounts:

6 ‘‘Other Procurement, Army, 2005/2007’’,

7 $68,500,000;

8 ‘‘Aircraft Procurement, Navy, 2005/2007’’,

9 $104,800,000;

10 ‘‘Shipbuilding and Conversion, Navy, 2005/

11 2009’’, $67,300,000;

12 ‘‘Other Procurement, Navy, 2005/2007’’,

13 $43,000,000;

14 ‘‘Aircraft Procurement, Air Force, 2004/2006’’,

15 $4,000,000;

16 ‘‘Aircraft Procurement, Air Force, 2005/2007’’,

17 $20,000,000;

18 ‘‘Missile Procurement, Air Force, 2005/2007’’,

19 $29,000,000;

20 ‘‘Research, Development, Test and Evaluation,

21 Army, 2005/2006’’, $25,900,000;

22 ‘‘Research, Development, Test and Evaluation,

23 Navy, 2005/2006’’, $70,900,000; and

24 ‘‘Research, Development, Test and Evaluation,

25 Air Force, 2005/2006’’, $63,400,000.
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1 SEC. 8050. None of the funds available in this Act may

2 be used to reduce the authorized positions for military (ci3 vilian) technicians of the Army National Guard, the Air

4 National Guard, Army Reserve and Air Force Reserve for

5 the purpose of applying any administratively imposed ci6 vilian personnel ceiling, freeze, or reduction on military (ci7 vilian) technicians, unless such reductions are a direct re8 sult of a reduction in military force structure.

9 SEC. 8051. None of the funds appropriated or other10 wise made available in this Act may be obligated or ex11 pended for assistance to the Democratic People’s Republic

12 of North Korea unless specifically appropriated for that

13 purpose.

14 SEC. 8052. During the current fiscal year and here15 after, funds appropriated in this Act are available to com16 pensate members of the National Guard for duty performed

17 pursuant to a plan submitted by a Governor of a State and

18 approved by the Secretary of Defense under section 112 of

19 title 32, United States Code: Provided, That during the per20 formance of such duty, the members of the National Guard

21 shall be under State command and control: Provided fur22 ther, That such duty shall be treated as full-time National

23 Guard duty for purposes of sections 12602(a)(2) and (b)(2)

24 of title 10, United States Code.
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1 SEC. 8053. Funds appropriated in this Act for oper2 ation and maintenance of the Military Departments, Com3 batant Commands and Defense Agencies shall be available

4 for reimbursement of pay, allowances and other expenses

5 which would otherwise be incurred against appropriations

6 for the National Guard and Reserve when members of the

7 National Guard and Reserve provide intelligence or coun8 terintelligence support to Combatant Commands, Defense

9 Agencies and Joint Intelligence Activities, including the ac10 tivities and programs included within the National Intel11 ligence Program (NIP), the Joint Military Intelligence Pro12 gram (JMIP), and the Tactical Intelligence and Related Ac13 tivities (TIARA) aggregate: Provided, That nothing in this

14 section authorizes deviation from established Reserve and

15 National Guard personnel and training procedures.

16 SEC. 8054. During the current fiscal year, none of the

17 funds appropriated in this Act may be used to reduce the

18 civilian medical and medical support personnel assigned to

19 military treatment facilities below the September 30, 2003

20 level: Provided, That the Service Surgeons General may

21 waive this section by certifying to the congressional defense

22 committees that the beneficiary population is declining in

23 some catchment areas and civilian strength reductions may

24 be consistent with responsible resource stewardship and

25 capitation-based budgeting.
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1 SEC. 8055. Up to $2,000,000 of the funds appropriated

2 under the heading, ‘‘Operation and Maintenance, Navy’’

3 may be made available to contract for the installation, re4 pair, and maintenance of an on-base and adjacent off-base

5 wastewater/treatment facility and infrastructure critical to

6 base operations and the public health and safety of commu7 nity residents in the vicinity of the NCTAMS.

8 SEC. 8056. Notwithstanding any other provision of

9 law, that not more than 35 percent of funds provided in

10 this Act for environmental remediation may be obligated

11 under indefinite delivery/indefinite quantity contracts with

12 a total contract value of $130,000,000 or higher.

13 SEC. 8057. (a) None of the funds available to the De14 partment of Defense for any fiscal year for drug interdic15 tion or counter-drug activities may be transferred to any

16 other department or agency of the United States except as

17 specifically provided in an appropriations law.

18 (b) None of the funds available to the Central Intel19 ligence Agency for any fiscal year for drug interdiction and

20 counter-drug activities may be transferred to any other de21 partment or agency of the United States except as specifi22 cally provided in an appropriations law.

23 (TRANSFER OF FUNDS)

24 SEC. 8058. Appropriations available under the head25 ing ‘‘Operation and Maintenance, Defense-Wide’’ for the

26 current fiscal year and hereafter for increasing energy and
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1 water efficiency in Federal buildings may, during their pe2 riod of availability, be transferred to other appropriations

3 or funds of the Department of Defense for projects related

4 to increasing energy and water efficiency, to be merged with

5 and to be available for the same general purposes, and for

6 the same time period, as the appropriation or fund to which

7 transferred.

8 SEC. 8059. None of the funds appropriated by this Act

9 may be used for the procurement of ball and roller bearings

10 other than those produced by a domestic source and of do11 mestic origin: Provided, That the Secretary of the military

12 department responsible for such procurement may waive

13 this restriction on a case-by-case basis by certifying in writ14 ing to the Committees on Appropriations of the House of

15 Representatives and the Senate, that adequate domestic

16 supplies are not available to meet Department of Defense

17 requirements on a timely basis and that such an acquisition

18 must be made in order to acquire capability for national

19 security purposes: Provided further, That this restriction

20 shall not apply to the purchase of ‘‘commercial items’’, as

21 defined by section 4(12) of the Office of Federal Procure22 ment Policy Act, except that the restriction shall apply to

23 ball or roller bearings purchased as end items.

24 SEC. 8060. Notwithstanding any other provision of

25 law, funds available to the Department of Defense shall be
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1 made available to provide transportation of medical sup2 plies and equipment, on a nonreimbursable basis, to Amer3 ican Samoa, and funds available to the Department of De4 fense shall be made available to provide transportation of

5 medical supplies and equipment, on a nonreimbursable

6 basis, to the Indian Health Service when it is in conjunc7 tion with a civil-military project.

8 SEC. 8061. None of the funds in this Act may be used

9 to purchase any supercomputer which is not manufactured

10 in the United States, unless the Secretary of Defense cer11 tifies to the congressional defense committees that such an

12 acquisition must be made in order to acquire capability for

13 national security purposes that is not available from

14 United States manufacturers.

15 SEC. 8062. Notwithstanding any other provision of

16 law, each contract awarded by the Department of Defense

17 during the current fiscal year for construction or service

18 performed in whole or in part in a State (as defined in

19 section 381(d) of title 10, United States Code) which is not

20 contiguous with another State and has an unemployment

21 rate in excess of the national average rate of unemployment

22 as determined by the Secretary of Labor, shall include a

23 provision requiring the contractor to employ, for the pur24 pose of performing that portion of the contract in such State

25 that is not contiguous with another State, individuals who
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1 are residents of such State and who, in the case of any craft

2 or trade, possess or would be able to acquire promptly the

3 necessary skills: Provided, That the Secretary of Defense

4 may waive the requirements of this section, on a case-by5 case basis, in the interest of national security.

6 SEC. 8063. None of the funds made available in this

7 or any other Act may be used to pay the salary of any

8 officer or employee of the Department of Defense who ap9 proves or implements the transfer of administrative respon10 sibilities or budgetary resources of any program, project,

11 or activity financed by this Act to the jurisdiction of an12 other Federal agency not financed by this Act without the

13 express authorization of Congress: Provided, That this limi14 tation shall not apply to transfers of funds expressly pro15 vided for in Defense Appropriations Acts, or provisions of

16 Acts providing supplemental appropriations for the De17 partment of Defense.

18 SEC. 8064. (a) LIMITATION ON TRANSFER OF DE19 FENSE ARTICLES AND SERVICES.—Notwithstanding any

20 other provision of law, none of the funds available to the

21 Department of Defense for the current fiscal year may be

22 obligated or expended to transfer to another nation or an

23 international organization any defense articles or services

24 (other than intelligence services) for use in the activities de25 scribed in subsection (b) unless the congressional defense
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1 committees, the Committee on International Relations of

2 the House of Representatives, and the Committee on For3 eign Relations of the Senate are notified 15 days in advance

4 of such transfer.

5 (b) COVERED ACTIVITIES.—This section applies to—

6 (1) any international peacekeeping or peace-en7 forcement operation under the authority of chapter VI

8 or chapter VII of the United Nations Charter under

9 the authority of a United Nations Security Council

10 resolution; and

11 (2) any other international peacekeeping, peace12 enforcement, or humanitarian assistance operation.

13 (c) REQUIRED NOTICE.—A notice under subsection (a)

14 shall include the following:

15 (1) A description of the equipment, supplies, or

16 services to be transferred.

17 (2) A statement of the value of the equipment,

18 supplies, or services to be transferred.

19 (3) In the case of a proposed transfer of equip20 ment or supplies—

21 (A) a statement of whether the inventory re22 quirements of all elements of the Armed Forces

23 (including the reserve components) for the type

24 of equipment or supplies to be transferred have

25 been met; and
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1 (B) a statement of whether the items pro2 posed to be transferred will have to be replaced

3 and, if so, how the President proposes to provide

4 funds for such replacement.

5 SEC. 8065. (a) The total amount appropriated or oth6 erwise made available in title II of this Act is hereby re7 duced by $92,000,000 to limit excessive growth in the travel

8 and transportation of persons.

9 (b) The Secretary of Defense shall allocate this reduc10 tion proportionately to each budget activity, activity group,

11 subactivity group, and each program, project, and activity

12 within each applicable appropriation account.

13 SEC. 8066. None of the funds available to the Depart14 ment of Defense under this Act shall be obligated or ex15 pended to pay a contractor under a contract with the De16 partment of Defense for costs of any amount paid by the

17 contractor to an employee when—

18 (1) such costs are for a bonus or otherwise in ex19 cess of the normal salary paid by the contractor to the

20 employee; and

21 (2) such bonus is part of restructuring costs asso22 ciated with a business combination.

23 SEC. 8067. None of the funds provided in this Act may

24 be obligated to realign or relocate forces or operational as25 sets from bases to be converted to enclave status until the
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1 Secretary of Defense certifies that he has sought new mis2 sions for these bases as mandated by the 2005 Defense Base

3 Closure and Realignment Commission: Provided, That the

4 Secretary of Defense shall report his findings to the congres5 sional defense committees not later than October 1, 2006.

6 (INCLUDING TRANSFER OF FUNDS)

7 SEC. 8068. During the current fiscal year, no more

8 than $30,000,000 of appropriations made in this Act under

9 the heading ‘‘Operation and Maintenance, Defense-Wide’’

10 may be transferred to appropriations available for the pay

11 of military personnel, to be merged with, and to be available

12 for the same time period as the appropriations to which

13 transferred, to be used in support of such personnel in con14 nection with support and services for eligible organizations

15 and activities outside the Department of Defense pursuant

16 to section 2012 of title 10, United States Code.

17 SEC. 8069. During the current fiscal year, in the case

18 of an appropriation account of the Department of Defense

19 for which the period of availability for obligation has ex20 pired or which has closed under the provisions of section

21 1552 of title 31, United States Code, and which has a nega22 tive unliquidated or unexpended balance, an obligation or

23 an adjustment of an obligation may be charged to any cur24 rent appropriation account for the same purpose as the ex25 pired or closed account if—
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1 (1) the obligation would have been properly

2 chargeable (except as to amount) to the expired or

3 closed account before the end of the period of avail4 ability or closing of that account;

5 (2) the obligation is not otherwise properly

6 chargeable to any current appropriation account of

7 the Department of Defense; and

8 (3) in the case of an expired account, the obliga9 tion is not chargeable to a current appropriation of

10 the Department of Defense under the provisions of sec11 tion 1405(b)(8) of the National Defense Authorization

12 Act for Fiscal Year 1991, Public Law 101–510, as

13 amended (31 U.S.C. 1551 note): Provided, That in

14 the case of an expired account, if subsequent review

15 or investigation discloses that there was not in fact a

16 negative unliquidated or unexpended balance in the

17 account, any charge to a current account under the

18 authority of this section shall be reversed and re19 corded against the expired account: Provided further,

20 That the total amount charged to a current appro21 priation under this section may not exceed an

22 amount equal to 1 percent of the total appropriation

23 for that account.

24 SEC. 8070. Notwithstanding section 12310(b) of title

25 10, United States Code, a Reserve who is a member of the
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1 National Guard serving on full-time National Guard duty

2 under section 502(f) of Title 32 may perform duties in sup3 port of the ground-based elements of the National Ballistic

4 Missile Defense System.

5 SEC. 8071. (a) Notwithstanding any other provision

6 of law, the Chief of the National Guard Bureau may permit

7 the use of equipment of the National Guard Distance Learn8 ing Project by any person or entity on a space-available,

9 reimbursable basis. The Chief of the National Guard Bu10 reau shall establish the amount of reimbursement for such

11 use on a case-by-case basis.

12 (b) Amounts collected under subsection (a) shall be

13 credited to funds available for the National Guard Distance

14 Learning Project and be available to defray the costs associ15 ated with the use of equipment of the project under that

16 subsection. Such funds shall be available for such purposes

17 without fiscal year limitation.

18 SEC. 8072. Using funds available by this Act or any

19 other Act, the Secretary of the Air Force, pursuant to a

20 determination under section 2690 of title 10, United States

21 Code, may implement cost-effective agreements for required

22 heating facility modernization in the Kaiserslautern Mili23 tary Community in the Federal Republic of Germany: Pro24 vided, That in the City of Kaiserslautern such agreements

25 will include the use of United States anthracite as the base
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1 load energy for municipal district heat to the United States

2 Defense installations: Provided further, That at Landstuhl

3 Army Regional Medical Center and Ramstein Air Base,

4 furnished heat may be obtained from private, regional or

5 municipal services, if provisions are included for the con6 sideration of United States coal as an energy source.

7 SEC. 8073. None of the funds appropriated in title IV

8 of this Act may be used to procure end-items for delivery

9 to military forces for operational training, operational use

10 or inventory requirements: Provided, That this restriction

11 does not apply to end-items used in development, proto12 typing, and test activities preceding and leading to accept13 ance for operational use: Provided further, That this restric14 tion does not apply to programs funded within the National

15 Intelligence Program: Provided further, That the Secretary

16 of Defense may waive this restriction on a case-by-case basis

17 by certifying in writing to the Committees on Appropria18 tions of the House of Representatives and the Senate that

19 it is in the national security interest to do so.

20 SEC. 8074. None of the funds made available in this

21 Act may be used to approve or license the sale of the F–

22 22 advanced tactical fighter to any foreign government.

23 SEC. 8075. (a) The Secretary of Defense may, on a

24 case-by-case basis, waive with respect to a foreign country

25 each limitation on the procurement of defense items from
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1 foreign sources provided in law if the Secretary determines

2 that the application of the limitation with respect to that

3 country would invalidate cooperative programs entered into

4 between the Department of Defense and the foreign country,

5 or would invalidate reciprocal trade agreements for the pro6 curement of defense items entered into under section 2531

7 of title 10, United States Code, and the country does not

8 discriminate against the same or similar defense items pro9 duced in the United States for that country.

10 (b) Subsection (a) applies with respect to—

11 (1) contracts and subcontracts entered into on or

12 after the date of the enactment of this Act; and

13 (2) options for the procurement of items that are

14 exercised after such date under contracts that are en15 tered into before such date if the option prices are ad16 justed for any reason other than the application of a

17 waiver granted under subsection (a).

18 (c) Subsection (a) does not apply to a limitation re19 garding construction of public vessels, ball and roller bear20 ings, food, and clothing or textile materials as defined by

21 section 11 (chapters 50–65) of the Harmonized Tariff

22 Schedule and products classified under headings 4010,

23 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through

24 7229, 7304.41 through 7304.49, 7306.40, 7502 through

25 7508, 8105, 8108, 8109, 8211, 8215, and 9404.
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1 SEC. 8076. (a) PROHIBITION.—None of the funds made

2 available by this Act may be used to support any training

3 program involving a unit of the security forces of a foreign

4 country if the Secretary of Defense has received credible in5 formation from the Department of State that the unit has

6 committed a gross violation of human rights, unless all nec7 essary corrective steps have been taken.

8 (b) MONITORING.—The Secretary of Defense, in con9 sultation with the Secretary of State, shall ensure that prior

10 to a decision to conduct any training program referred to

11 in subsection (a), full consideration is given to all credible

12 information available to the Department of State relating

13 to human rights violations by foreign security forces.

14 (c) WAIVER.—The Secretary of Defense, after consulta15 tion with the Secretary of State, may waive the prohibition

16 in subsection (a) if he determines that such waiver is re17 quired by extraordinary circumstances.

18 (d) REPORT.—Not more than 15 days after the exercise

19 of any waiver under subsection (c), the Secretary of Defense

20 shall submit a report to the congressional defense commit21 tees describing the extraordinary circumstances, the purpose

22 and duration of the training program, the United States

23 forces and the foreign security forces involved in the train24 ing program, and the information relating to human rights

25 violations that necessitates the waiver.
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1 SEC. 8077. (a) The Secretary of Defense, in coordina2 tion with the Secretary of Health and Human Services,

3 may carry out a program to distribute surplus dental and

4 medical equipment of the Department of Defense, at no cost

5 to the Department of Defense, to Indian Health Service fa6 cilities and to federally-qualified health centers (within the

7 meaning of section 1905(l)(2)(B) of the Social Security Act

8 (42 U.S.C. 1396d(l)(2)(B))).

9 (b) In carrying out this provision, the Secretary of De10 fense shall give the Indian Health Service a property dis11 posal priority equal to the priority given to the Department

12 of Defense and its twelve special screening programs in dis13 tribution of surplus dental and medical supplies and equip14 ment.

15 SEC. 8078. None of the funds appropriated or made

16 available in this Act to the Department of the Navy shall

17 be used to develop, lease or procure the T–AKE class of ships

18 unless the main propulsion diesel engines and propulsors

19 are manufactured in the United States by a domestically

20 operated entity: Provided, That the Secretary of Defense

21 may waive this restriction on a case-by-case basis by certi22 fying in writing to the Committees on Appropriations of

23 the House of Representatives and the Senate that adequate

24 domestic supplies are not available to meet Department of

25 Defense requirements on a timely basis and that such an
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1 acquisition must be made in order to acquire capability for

2 national security purposes or there exists a significant cost

3 or quality difference.

4 SEC. 8079. None of the funds appropriated or other5 wise made available by this or other Department of Defense

6 Appropriations Acts may be obligated or expended for the

7 purpose of performing repairs or maintenance to military

8 family housing units of the Department of Defense, includ9 ing areas in such military family housing units that may

10 be used for the purpose of conducting official Department

11 of Defense business.

12 SEC. 8080. Notwithstanding any other provision of

13 law, funds appropriated in this Act under the heading ‘‘Re14 search, Development, Test and Evaluation, Defense-Wide’’

15 for any new start advanced concept technology demonstra16 tion project may only be obligated 30 days after a report,

17 including a description of the project, the planned acquisi18 tion and transition strategy and its estimated annual and

19 total cost, has been provided in writing to the congressional

20 defense committees: Provided, That the Secretary of Defense

21 may waive this restriction on a case-by-case basis by certi22 fying to the congressional defense committees that it is in

23 the national interest to do so.

24 SEC. 8081. The Secretary of Defense shall provide a

25 classified quarterly report, beginning 30 days after enact-
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1 ment of this Act, to the House and Senate Appropriations

2 Committees, Subcommittees on Defense on certain matters

3 as directed in the classified annex accompanying this Act.

4 SEC. 8082. During the current fiscal year, refunds at5 tributable to the use of the Government travel card, refunds

6 attributable to the use of the Government Purchase Card

7 and refunds attributable to official Government travel ar8 ranged by Government Contracted Travel Management

9 Centers may be credited to operation and maintenance, and

10 research, development, test and evaluation accounts of the

11 Department of Defense which are current when the refunds

12 are received.

13 SEC. 8083. (a) REGISTERING FINANCIAL MANAGE14 MENT INFORMATION TECHNOLOGY SYSTEMS WITH DOD

15 CHIEF INFORMATION OFFICER.—None of the funds appro16 priated in this Act may be used for a mission critical or

17 mission essential financial management information tech18 nology system (including a system funded by the defense

19 working capital fund) that is not registered with the Chief

20 Information Officer of the Department of Defense. A system

21 shall be considered to be registered with that officer upon

22 the furnishing to that officer of notice of the system, together

23 with such information concerning the system as the Sec24 retary of Defense may prescribe. A financial management

25 information technology system shall be considered a mission
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1 critical or mission essential information technology system

2 as defined by the Under Secretary of Defense (Comptroller).

3 (b) CERTIFICATIONS AS TO COMPLIANCE WITH FINAN4 CIAL MANAGEMENT MODERNIZATION PLAN.—

5 (1) During the current fiscal year, a financial

6 management automated information system, a mixed

7 information system supporting financial and non-fi8 nancial systems, or a system improvement of more

9 than $1,000,000 may not receive Milestone A ap10 proval, Milestone B approval, or full rate production,

11 or their equivalent, within the Department of Defense

12 until the Under Secretary of Defense (Comptroller)

13 certifies, with respect to that milestone, that the sys14 tem is being developed and managed in accordance

15 with the Department’s Financial Management Mod16 ernization Plan. The Under Secretary of Defense

17 (Comptroller) may require additional certifications,

18 as appropriate, with respect to any such system.

19 (2) The Chief Information Officer shall provide

20 the congressional defense committees timely notifica21 tion of certifications under paragraph (1).

22 (c) CERTIFICATIONS AS TO COMPLIANCE WITH

23 CLINGER-COHEN ACT.—

24 (1) During the current fiscal year, a major auto25 mated information system may not receive Milestone
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1 A approval, Milestone B approval, or full rate pro2 duction approval, or their equivalent, within the De3 partment of Defense until the Chief Information Offi4 cer certifies, with respect to that milestone, that the

5 system is being developed in accordance with the

6 Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.).

7 The Chief Information Officer may require additional

8 certifications, as appropriate, with respect to any

9 such system.

10 (2) The Chief Information Officer shall provide

11 the congressional defense committees timely notifica12 tion of certifications under paragraph (1). Each such

13 notification shall include, at a minimum, the funding

14 baseline and milestone schedule for each system cov15 ered by such a certification and confirmation that the

16 following steps have been taken with respect to the

17 system:

18 (A) Business process reengineering.

19 (B) An analysis of alternatives.

20 (C) An economic analysis that includes a

21 calculation of the return on investment.

22 (D) Performance measures.

23 (E) An information assurance strategy con24 sistent with the Department’s Global Informa25 tion Grid.
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1 (d) DEFINITIONS.—For purposes of this section:

2 (1) The term ‘‘Chief Information Officer’’ means

3 the senior official of the Department of Defense des4 ignated by the Secretary of Defense pursuant to sec5 tion 3506 of title 44, United States Code.

6 (2) The term ‘‘information technology system’’

7 has the meaning given the term ‘‘information tech8 nology’’ in section 5002 of the Clinger-Cohen Act of

9 1996 (40 U.S.C. 1401).

10 SEC. 8084. During the current fiscal year, none of the

11 funds available to the Department of Defense may be used

12 to provide support to another department or agency of the

13 United States if such department or agency is more than

14 90 days in arrears in making payment to the Department

15 of Defense for goods or services previously provided to such

16 department or agency on a reimbursable basis: Provided,

17 That this restriction shall not apply if the department is

18 authorized by law to provide support to such department

19 or agency on a nonreimbursable basis, and is providing the

20 requested support pursuant to such authority: Provided fur21 ther, That the Secretary of Defense may waive this restric22 tion on a case-by-case basis by certifying in writing to the

23 Committees on Appropriations of the House of Representa24 tives and the Senate that it is in the national security inter25 est to do so.
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1 SEC. 8085. None of the funds provided in this Act may

2 be used to transfer to any nongovernmental entity ammuni3 tion held by the Department of Defense that has a center4 fire cartridge and a United States military nomenclature

5 designation of ‘‘armor penetrator’’, ‘‘armor piercing (AP)’’,

6 ‘‘armor piercing incendiary (API)’’, or ‘‘armor-piercing in7 cendiary-tracer (API–T)’’, except to an entity performing

8 demilitarization services for the Department of Defense

9 under a contract that requires the entity to demonstrate to

10 the satisfaction of the Department of Defense that armor

11 piercing projectiles are either: (1) rendered incapable of

12 reuse by the demilitarization process; or (2) used to manu13 facture ammunition pursuant to a contract with the De14 partment of Defense or the manufacture of ammunition for

15 export pursuant to a License for Permanent Export of Un16 classified Military Articles issued by the Department of

17 State.

18 SEC. 8086. Notwithstanding any other provision of

19 law, the Chief of the National Guard Bureau, or his des20 ignee, may waive payment of all or part of the consider21 ation that otherwise would be required under section 2667

22 of title 10, United States Code, in the case of a lease of

23 personal property for a period not in excess of 1 year to

24 any organization specified in 32 U.S.C. 508(d), or any

25 other youth, social, or fraternal non-profit organization as
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1 may be approved by the Chief of the National Guard Bu2 reau, or his designee, on a case-by-case basis.

3 SEC. 8087. None of the funds appropriated by this Act

4 shall be used for the support of any nonappropriated funds

5 activity of the Department of Defense that procures malt

6 beverages and wine with nonappropriated funds for resale

7 (including such alcoholic beverages sold by the drink) on

8 a military installation located in the United States unless

9 such malt beverages and wine are procured within that

10 State, or in the case of the District of Columbia, within

11 the District of Columbia, in which the military installation

12 is located: Provided, That in a case in which the military

13 installation is located in more than one State, purchases

14 may be made in any State in which the installation is lo15 cated: Provided further, That such local procurement re16 quirements for malt beverages and wine shall apply to all

17 alcoholic beverages only for military installations in States

18 which are not contiguous with another State: Provided fur19 ther, That alcoholic beverages other than wine and malt bev20 erages, in contiguous States and the District of Columbia

21 shall be procured from the most competitive source, price

22 and other factors considered.

23 SEC. 8088. Up to $2,500,000 of the funds appropriated

24 under the heading ‘‘Operation and Maintenance, Navy’’ in

25 this Act for the Pacific Missile Range Facility may be made
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1 available to contract for the repair, maintenance, and oper2 ation of adjacent off-base water, drainage, and flood control

3 systems, electrical upgrade to support additional missions

4 critical to base operations, and support for a range foot5 print expansion to further guard against encroachment.

6 SEC. 8089. Funds available to the Department of De7 fense for the Global Positioning System during the current

8 fiscal year may be used to fund civil requirements associ9 ated with the satellite and ground control segments of such

10 system’s modernization program.

11 (INCLUDING TRANSFER OF FUNDS)

12 SEC. 8090. Of the amounts appropriated in this Act

13 under the heading, ‘‘Operation and Maintenance, Army’’,

14 $147,900,000 shall remain available until expended: Pro15 vided, That notwithstanding any other provision of law, the

16 Secretary of Defense is authorized to transfer such funds

17 to other activities of the Federal Government: Provided fur18 ther, That the Secretary of Defense is authorized to enter

19 into and carry out contracts for the acquisition of real

20 property, construction, personal services, and operations re21 lated to projects described in further detail in the Classified

22 Annex accompanying the Department of Defense Appro23 priations Act, 2006, consistent with the terms and condi24 tions set forth therein: Provided further, That contracts en25 tered into under the authority of this section may provide

26 for such indemnification as the Secretary determines to be
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1 necessary: Provided further, That projects authorized by

2 this section shall comply with applicable Federal, State,

3 and local law to the maximum extent consistent with the

4 national security, as determined by the Secretary of De5 fense.

6 SEC. 8091. Section 8106 of the Department of Defense

7 Appropriations Act, 1997 (titles I through VIII of the mat8 ter under subsection 101(b) of Public Law 104–208; 110

9 Stat. 3009–111; 10 U.S.C. 113 note) shall continue in effect

10 to apply to disbursements that are made by the Department

11 of Defense in fiscal year 2006.

12 SEC. 8092. Amounts appropriated in title II of this

13 Act are hereby reduced by $265,890,000 to reflect savings

14 attributable to efficiencies and management improvements

15 in the funding of miscellaneous or other contracts in the

16 military departments, as follows:

17 (1) From ‘‘Operation and Maintenance, Army’’,

18 $36,890,000.

19 (2) From ‘‘Operation and Maintenance, Navy’’,

20 $79,000,000.

21 (3) From ‘‘Operation and Maintenance, Air

22 Force’’, $150,000,000.

23 SEC. 8093. The total amount appropriated or other24 wise made available in this Act is hereby reduced by

25 $100,000,000 to limit excessive growth in the procurement
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1 of advisory and assistance services, to be distributed as fol2 lows:

3 ‘‘Operation and Maintenance, Army’’,

4 $37,000,000;

5 ‘‘Operation and Maintenance, Air Force’’,

6 $6,000,000;

7 ‘‘Operation and Maintenance, Defense-Wide’’,

8 $45,000,000; and

9 ‘‘Operation and Maintenance, Army Reserve’’,

10 $12,000,000.

11 (INCLUDING TRANSFER OF FUNDS)

12 SEC. 8094. Of the amounts appropriated in this Act

13 under the heading ‘‘Research, Development, Test and Eval14 uation, Defense-Wide’’, $143,600,000 shall be made avail15 able for the Arrow missile defense program: Provided, That

16 of this amount, $70,000,000 shall be available for the pur17 pose of producing Arrow missile components in the United

18 States and Arrow missile components and missiles in Israel

19 to meet Israel’s defense requirements, consistent with each

20 nation’s laws, regulations and procedures, and $10,000,000

21 shall be available for the purpose of the initiation of a joint

22 feasibility study and risk reduction activities designated the

23 Short Range Ballistic Missile Defense (SRBMD) initiative:

24 Provided further, That funds made available under this

25 provision for production of missiles and missile components

26 may be transferred to appropriations available for the pro-
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1 curement of weapons and equipment, to be merged with and

2 to be available for the same time period and the same pur3 poses as the appropriation to which transferred: Provided

4 further, That the transfer authority provided under this

5 provision is in addition to any other transfer authority con6 tained in this Act.

7 (INCLUDING TRANSFER OF FUNDS)

8 SEC. 8095. Of the amounts appropriated in this Act

9 under the heading ‘‘Shipbuilding and Conversion, Navy’’,

10 $517,523,000 shall be available until September 30, 2006,

11 to fund prior year shipbuilding cost increases: Provided,

12 That upon enactment of this Act, the Secretary of the Navy

13 shall transfer such funds to the following appropriations in

14 the amounts specified: Provided further, That the amounts

15 transferred shall be merged with and be available for the

16 same purposes as the appropriations to which transferred:

17 To:

18 Under the heading, ‘‘Shipbuilding and Con19 version, Navy, 1998/2006’’:

20 New SSN, $28,000,000.

21 Under the heading, ‘‘Shipbuilding and Con22 version, Navy, 1999/2006’’:

23 LPD–17 Amphibious Transport Dock

24 Ship Program, $95,000,000;

25 New SSN, $72,000,000.
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1 Under the heading, ‘‘Shipbuilding and Con2 version, Navy, 2000/2006’’:

3 LPD–17 Amphibious Transport Dock

4 Ship Program, $94,800,000.

5 Under the heading, ‘‘Shipbuilding and Con6 version, Navy, 2001/2006’’:

7 Carrier Replacement Program,

8 $145,023,000;

9 New SSN, $82,700,000.

10 SEC. 8096. The Secretary of the Navy may settle, or

11 compromise, and pay any and all admiralty claims under

12 section 7622 of title 10, United States Code arising out of

13 the collision involving the U.S.S. GREENEVILLE and the

14 EHIME MARU, in any amount and without regard to the

15 monetary limitations in subsections (a) and (b) of that sec16 tion: Provided, That such payments shall be made from

17 funds available to the Department of the Navy for operation

18 and maintenance.

19 SEC. 8097. None of the funds available to the Depart20 ment of Defense may be obligated to modify command and

21 control relationships to give Fleet Forces Command admin22 istrative and operational control of U.S. Navy forces as23 signed to the Pacific fleet: Provided, That the command and

24 control relationships which existed on October 1, 2004, shall
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1 remain in force unless changes are specifically authorized

2 in a subsequent Act.

3 SEC. 8098. Notwithstanding any other provision of

4 law or regulation, the Secretary of Defense may exercise the

5 provisions of section 7403(g) of title 38, United States Code

6 for occupations listed in section 7403(a)(2) of title 38,

7 United States Code as well as the following:

8 Pharmacists, Audiologists, and Dental Hygien9 ists.

10 (A) The requirements of section

11 7403(g)(1)(A) of title 38, United States Code

12 shall apply.

13 (B) The limitations of section 7403(g)(1)(B)

14 of title 38, United States Code shall not apply.

15 SEC. 8099. Funds appropriated by this Act, or made

16 available by the transfer of funds in this Act, for intelligence

17 activities are deemed to be specifically authorized by the

18 Congress for purposes of section 504 of the National Secu19 rity Act of 1947 (50 U.S.C. 414) during fiscal year 2006

20 until the enactment of the Intelligence Authorization Act

21 for fiscal year 2006.

22 SEC. 8100. In addition to funds made available else23 where in this Act, $5,500,000 is hereby appropriated and

24 shall remain available until expended to provide assistance,

25 by grant or otherwise (such as, but not limited to, the provi-
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1 sion of funds for repairs, maintenance, construction, and/

2 or for the purchase of information technology, text books,

3 teaching resources), to public schools that have unusually

4 high concentrations of special needs military dependents en5 rolled: Provided, That in selecting school systems to receive

6 such assistance, special consideration shall be given to

7 school systems in States that are considered overseas assign8 ments, and all schools within these school systems shall be

9 eligible for assistance: Provided further, That up to 2 per10 cent of the total appropriated funds under this section shall

11 be available to support the administration and execution

12 of the funds or program and/or events that promote the pur13 pose of this appropriation (e.g. payment of travel and per

14 diem of school teachers attending conferences or a meeting

15 that promotes the purpose of this appropriation and/or con16 sultant fees for on-site training of teachers, staff, or Joint

17 Venture Education Forum (JVEF) Committee members):

18 Provided further, That up to $2,000,000 shall be available

19 for the Department of Defense to establish a non-profit trust

20 fund to assist in the public-private funding of public school

21 repair and maintenance projects, or provide directly to

22 non-profit organizations who in return will use these mon23 ies to provide assistance in the form of repair, maintenance,

24 or renovation to public school systems that have high con25 centrations of special needs military dependents and are lo-
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1 cated in States that are considered overseas assignments:

2 Provided further, That to the extent a Federal agency pro3 vides this assistance, by contract, grant, or otherwise, it

4 may accept and expend non-Federal funds in combination

5 with these Federal funds to provide assistance for the au6 thorized purpose, if the non-Federal entity requests such as7 sistance and the non-Federal funds are provided on a reim8 bursable basis.

9 SEC. 8101. None of the funds in this Act may be used

10 to initiate a new start program without prior written noti11 fication to the Office of Secretary of Defense and the con12 gressional defense committees.

13 SEC. 8102. The amounts appropriated in title II of

14 this Act are hereby reduced by $350,000,000 to reflect cash

15 balance and rate stabilization adjustments in Department

16 of Defense Working Capital Funds, as follows:

17 (1) From ‘‘Operation and Maintenance, Army’’,

18 $100,000,000.

19 (2) From ‘‘Operation and Maintenance, Navy’’,

20 $150,000,000.

21 (3) From ‘‘Operation and Maintenance, Air

22 Force’’, $100,000,000.

23 SEC. 8103. FINANCING AND FIELDING OF KEY ARMY

24 CAPABILITIES.—The Department of Defense and the De25 partment of the Army shall make future budgetary and pro-
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1 gramming plans to fully finance the Non-Line of Sight Fu2 ture Force cannon and resupply vehicle program (NLOS–

3 C) in order to field this system in fiscal year 2010, con4 sistent with the broader plan to field the Future Combat

5 System (FCS) in fiscal year 2010: Provided, That if the

6 Army is precluded from fielding the FCS program by fiscal

7 year 2010, then the Army shall develop the NLOS–C inde8 pendent of the broader FCS development timeline to achieve

9 fielding by fiscal year 2010. In addition the Army will de10 liver eight (8) combat operational pre-production NLOS–

11 C systems by the end of calendar year 2008. These systems

12 shall be in addition to those systems necessary for develop13 mental and operational testing: Provided further, That the

14 Army shall ensure that budgetary and programmatic plans

15 will provide for no fewer than seven (7) Stryker Brigade

16 Combat Teams.

17 SEC. 8104. Of the funds made available in this Act,

18 not less than $76,100,000 shall be available to maintain

19 an attrition reserve force of 18 B–52 aircraft, of which

20 $3,900,000 shall be available from ‘‘Military Personnel, Air

21 Force’’, $44,300,000 shall be available from ‘‘Operation and

22 Maintenance, Air Force’’, and $27,900,000 shall be avail23 able from ‘‘Aircraft Procurement, Air Force’’: Provided,

24 That the Secretary of the Air Force shall maintain a total

25 force of 94 B–52 aircraft, including 18 attrition reserve air-
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1 craft, during fiscal year 2006: Provided further, That the

2 Secretary of Defense shall include in the Air Force budget

3 request for fiscal year 2007 amounts sufficient to maintain

4 a B–52 force totaling 94 aircraft.

5 SEC. 8105. The Secretary of the Air Force is author6 ized, using funds available under the heading ‘‘Operation

7 and Maintenance, Air Force’’, to complete a phased repair

8 project, which repairs may include upgrades and additions,

9 to the infrastructure of the operational ranges managed by

10 the Air Force in Alaska: Provided, That the total cost of

11 such phased projects shall not exceed $32,000,000.

12 SEC. 8106. In addition to the amounts appropriated

13 or otherwise made available elsewhere in this Act,

14 $12,850,000 is hereby appropriated to the Department of

15 Defense, to remain available until September 30, 2006: Pro16 vided, That the Secretary of Defense shall make grants in

17 the amounts specified as follows: $850,000 to the Fort Des

18 Moines Memorial Park and Education Center; $2,000,000

19 to the American Civil War Center at Historic Tredegar;

20 $3,000,000 to the Museum of Flight, American Heroes Col21 lection; $1,000,000 to the National Guard Youth Founda22 tion; $3,000,000 to the United Services Organization;

23 $2,000,000 to the Dwight D. Eisenhower Memorial Com24 mission; and $1,000,000 to the Iraq Cultural Heritage As25 sistance Project.
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1 (TRANSFER OF FUNDS)

2 SEC. 8107. The Secretary of Defense may transfer

3 funds from any currently available Department of the Navy

4 appropriation to any available Navy shipbuilding and con5 version appropriation for the purpose of funding ship6 building cost increases for any ship construction program,

7 to be merged with and to be available for the same purposes

8 and for the same time period as the appropriation to which

9 transferred: Provided, That all transfers under this section

10 shall be subject to the notification requirements applicable

11 to transfers under section 8005 of this Act.

12 SEC. 8108. The budget of the President for fiscal year

13 2007 submitted to the Congress pursuant to section 1105

14 of title 31, United States Code shall include separate budget

15 justification documents for costs of United States Armed

16 Forces’ participation in contingency operations for the

17 Military Personnel accounts, the Operation and Mainte18 nance accounts, and the Procurement accounts: Provided,

19 That these documents shall include a description of the

20 funding requested for each contingency operation, for each

21 military service, to include all Active and Reserve compo22 nents, and for each appropriations account: Provided fur23 ther, That these documents shall include estimated costs for

24 each element of expense or object class, a reconciliation of

25 increases and decreases for each contingency operation, and
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1 programmatic data including, but not limited to, troop

2 strength for each Active and Reserve component, and esti3 mates of the major weapons systems deployed in support

4 of each contingency: Provided further, That these documents

5 shall include budget exhibits OP–5 and OP–32 (as defined

6 in the Department of Defense Financial Management Regu7 lation) for all contingency operations for the budget year

8 and the two preceding fiscal years.

9 SEC. 8109. Of the amounts provided in title II of this

10 Act under the heading, ‘‘Operation and Maintenance, De11 fense-Wide’’, $20,000,000 is available for the Regional De12 fense Counter-terrorism Fellowship Program, to fund the

13 education and training of foreign military officers, min14 istry of defense civilians, and other foreign security offi15 cials, to include United States military officers and civilian

16 officials whose participation directly contributes to the edu17 cation and training of these foreign students.

18 SEC. 8110. None of the funds appropriated or made

19 available in this Act shall be used to reduce or disestablish

20 the operation of the 53rd Weather Reconnaissance Squad21 ron of the Air Force Reserve, if such action would reduce

22 the WC–130 Weather Reconnaissance mission below the lev23 els funded in this Act: Provided, That the Air Force shall

24 allow the 53rd Weather Reconnaissance Squadron to per-
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1 form other missions in support of national defense require2 ments during the non-hurricane season.

3 SEC. 8111. None of the funds provided in this Act shall

4 be available for integration of foreign intelligence informa5 tion unless the information has been lawfully collected and

6 processed during the conduct of authorized foreign intel7 ligence activities: Provided, That information pertaining to

8 United States persons shall only be handled in accordance

9 with protections provided in the Fourth Amendment of the

10 United States Constitution as implemented through Execu11 tive Order No. 12333.

12 SEC. 8112. For purposes of section 612 of title 41,

13 United States Code, any subdivision of appropriations

14 made under the heading ‘‘Shipbuilding and Conversion,

15 Navy’’ that is not closed at the time reimbursement is made

16 shall be available to reimburse the Judgment Fund and

17 shall be considered for the same purposes as any subdivision

18 under the heading ‘‘Shipbuilding and Conversion, Navy’’

19 appropriations in the current fiscal year or any prior fiscal

20 year.

21 (TRANSFER OF FUNDS)

22 SEC. 8113. Upon enactment of this Act, the Secretary

23 of Defense shall make the following transfer of funds: Pro24 vided, That funds so transferred shall be merged with and

25 shall be available for the same purpose and for the same

26 time period as the appropriation to which transferred: Pro-
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1 vided further, That the amounts shall be transferred between

2 the following appropriations in the amounts specified:

3 From:

4 Under the heading, ‘‘Shipbuilding and Con5 version, Navy, 2003/2007’’:

6 For outfitting, post delivery, conver7 sions, and first destination transportation,

8 $3,300,000;

9 Under the heading, ‘‘Shipbuilding and Con10 version, Navy, 2004/2008’’:

11 For outfitting, post delivery, conver12 sions, and first destination transportation,

13 $6,100,000;

14 To:

15 Under the heading, ‘‘Shipbuilding and Con16 version, Navy, 2003/2007’’:

17 SSGN, $3,300,000.

18 Under the heading, ‘‘Shipbuilding and Con19 version, Navy, 2004/2008’’:

20 SSGN, $6,100,000.

21 SEC. 8114. None of the funds in this Act may be obli22 gated for a classified program as described on page 18 of

23 the compartmented annex to Volume IV of the Fiscal Year

24 2006 National Intelligence Program justification book un-
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1 less specifically authorized in the Intelligence Authorization

2 Act for Fiscal Year 2006.

3 SEC. 8115. (a) The Director of the Office of Manage4 ment and Budget shall, in coordination with the Secretary

5 of Defense and the Secretary of Homeland Security, conduct

6 a study on improving the response of the Federal Govern7 ment to disasters.

8 (b) The study under subsection (a) shall—

9 (1) consider mechanisms for coordinating and

10 expediting disaster response efforts;

11 (2) examine the role of the Department of De12 fense in participating in disaster response efforts, in13 cluding by providing planning, logistics, and relief

14 and reconstruction assistance;

15 (3) consider the establishment of criteria for

16 automatically triggering the participation of the De17 partment of Defense in disaster response efforts; and

18 (4) assess the role of the United States Geological

19 Survey in enhancing disaster preparation measures.

20 (c) Not later than May 1, 2006, the Director of the

21 Office of Management and Budget shall submit to Congress

22 a report on the study conducted under subsection (a),

23 including—

24 (1) recommendations for improving the response

25 of the Federal Government to disasters, including by
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1 providing for greater participation by the Depart2 ment of Defense in response efforts; and

3 (2) proposals for any legislation or regulations

4 that the Director determines necessary to implement

5 such recommendations.

6 SEC. 8116. (a) From the money in the Treasury not

7 otherwise obligated or appropriated, there are appropriated

8 to the Centers for Disease Control and Prevention

9 $3,913,000,000 for activities relating to the avian flu epi10 demic during the fiscal year ending September 30, 2006,

11 which shall be available until expended.

12 (b) Of the amount appropriated under subsection

13 (a)—

14 (1) $3,080,000,000 shall be for the stockpiling of

15 antivirals and necessary medical supplies;

16 (2) $33,000,000 shall be for global surveillance

17 relating to avian flu;

18 (3) $125,000,000 shall be to increase the national

19 investment in domestic vaccine infrastructure includ20 ing development and research;

21 (4) $600,000,000 shall be for additional grants

22 to state and local public health agencies for emergency

23 preparedness, to increase funding for emergency pre24 paredness centers, and to expand hospital surge ca25 pacity;
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1 (5) $75,000,000 shall be for risk communication

2 and outreach to providers, businesses, and to the

3 American public;

4 (c) The amount appropriated under subsection (a)—

5 (1) is designated as an emergency requirement

6 pursuant to section 402 of H. Con. Res. 95 (109th

7 Congress); and

8 (2) shall remain available until expended.

9 (d) This section shall take effect on the date of enact10 ment of this Act.

11 SEC. 8117. Nonreduction in pay while Federal em12 ployee is performing active service in the uniformed services

13 or National Guard. (a) SHORT TITLE.—This section may

14 be cited as the ‘‘Reservists Pay Security Act of 2005’’.

15 (b) IN GENERAL.—Subchapter IV of chapter 55 of title

16 5, United States Code, is amended by adding at the end

17 the following:

18 ‘‘§ 5538. Nonreduction in pay while serving in the uni19 formed services or National Guard

20 ‘‘(a) An employee who is absent from a position of em21 ployment with the Federal Government in order to perform

22 active duty in the uniformed services pursuant to a call

23 or order to active duty under a provision of law referred

24 to in section 101(a)(13)(B) of title 10 shall be entitled, while

25 serving on active duty, to receive, for each pay period de-
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1 scribed in subsection (b), an amount equal to the amount

2 by which—

3 ‘‘(1) the amount of basic pay which would other4 wise have been payable to such employee for such pay

5 period if such employee’s civilian employment with

6 the Government had not been interrupted by that

7 service, exceeds (if at all)

8 ‘‘(2) the amount of pay and allowances which

9 (as determined under subsection (d))—

10 ‘‘(A) is payable to such employee for that

11 service; and

12 ‘‘(B) is allocable to such pay period.

13 ‘‘(b)(1) Amounts under this section shall be payable

14 with respect to each pay period (which would otherwise

15 apply if the employee’s civilian employment had not been

16 interrupted)—

17 ‘‘(A) during which such employee is entitled to

18 reemployment rights under chapter 43 of title 38 with

19 respect to the position from which such employee is

20 absent (as referred to in subsection (a)); and

21 ‘‘(B) for which such employee does not otherwise

22 receive basic pay (including by taking any annual,

23 military, or other paid leave) to which such employee

24 is entitled by virtue of such employee’s civilian em25 ployment with the Government.
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1 ‘‘(2) For purposes of this section, the period during

2 which an employee is entitled to reemployment rights under

3 chapter 43 of title 38—

4 ‘‘(A) shall be determined disregarding the provi5 sions of section 4312(d) of title 38; and

6 ‘‘(B) shall include any period of time specified

7 in section 4312(e) of title 38 within which an em8 ployee may report or apply for employment or reem9 ployment following completion of service on active

10 duty to which called or ordered as described in sub11 section (a).

12 ‘‘(c) Any amount payable under this section to an em13 ployee shall be paid—

14 ‘‘(1) by such employee’s employing agency;

15 ‘‘(2) from the appropriation or fund which

16 would be used to pay the employee if such employee

17 were in a pay status; and

18 ‘‘(3) to the extent practicable, at the same time

19 and in the same manner as would basic pay if such

20 employee’s civilian employment had not been inter21 rupted.

22 ‘‘(d) The Office of Personnel Management shall, in con23 sultation with Secretary of Defense, prescribe any regula24 tions necessary to carry out the preceding provisions of this

25 section.
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1 ‘‘(e)(1) The head of each agency referred to in section

2 2302(a)(2)(C)(ii) shall, in consultation with the Office, pre3 scribe procedures to ensure that the rights under this section

4 apply to the employees of such agency.

5 ‘‘(2) The Administrator of the Federal Aviation Ad6 ministration shall, in consultation with the Office, prescribe

7 procedures to ensure that the rights under this section apply

8 to the employees of that agency.

9 ‘‘(f) For purposes of this section—

10 ‘‘(1) the terms ‘employee’, ‘Federal Government’,

11 and ‘uniformed services’ have the same respective

12 meanings as given them in section 4303 of title 38;

13 ‘‘(2) the term ‘employing agency’, as used with

14 respect to an employee entitled to any payments

15 under this section, means the agency or other entity

16 of the Government (including an agency referred to in

17 section 2302(a)(2)(C)(ii)) with respect to which such

18 employee has reemployment rights under chapter 43

19 of title 38; and

20 ‘‘(3) the term ‘basic pay’ includes any amount

21 payable under section 5304.’’.

22 (c) CLERICAL AMENDMENT.—The table of sections for

23 chapter 55 of title 5, United States Code, is amended by

24 inserting after the item relating to section 5537 the fol25 lowing:
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‘‘5538. Nonreduction in pay while serving in the uniformed services or National

Guard.’’.

1 (d) EFFECTIVE DATE.—The amendments made by this

2 section shall apply with respect to pay periods (as described

3 in section 5538(b) of title 5, United States Code, as amend4 ed by this section) beginning on or after the date of enact5 ment of this Act.

6 SEC. 8118. Notwithstanding Section 101 of H.J. Res.

7 68, the Community Services Block Grant program shall be

8 funded at the same rate of operation as in Division F of

9 Public Law 108–447, through November 18, 2005.

10 SEC. 8119. APPLICATIONS FOR IMPACT AID PAY11 MENT.—Notwithstanding paragraphs (2) and (3) of section

12 8005(d) of the Elementary and Secondary Education Act

13 of 1965 (20 U.S.C. 7705(d)(2) and (3)), the Secretary of

14 Education shall treat as timely filed, and shall process for

15 payment, an application under section 8002 or section 8003

16 of such Act (20 U.S.C. 7702, 7703) for fiscal year 2005 from

17 a local educational agency—

18 (1) that, for each of the fiscal years 2000 through

19 2004, submitted an application by the date specified

20 by the Secretary of Education under section 8005(c)

21 of such Act for the fiscal year;

22 (2) for which a reduction of more than

23 $1,000,000 was made under section 8005(d)(2) of

24 such Act by the Secretary of Education as a result of
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1 the agency’s failure to file a timely application under

2 section 8002 or 8003 of such Act for fiscal year 2005;

3 and

4 (3) that submits an application for fiscal year

5 2005 during the period beginning on February 2,

6 2004, and ending on the date of enactment of this

7 Act.

8 SEC. 8120. Of the amount appropriated by title III

9 under the heading ‘‘OTHER PROCUREMENT, NAVY’’, up to

10 $3,000,000 may be made available for the Joint Aviation

11 Technical Data Integration Program.

12 SEC. 8121. (a) RENAMING OF DEATH GRATUITY PAY13 ABLE FOR DEATHS OF MEMBERS OF THE ARMED

14 FORCES.—Subchapter II of chapter 75 of title 10, United

15 States Code, is amended as follows:

16 (1) In section 1475(a), by striking ‘‘have a death

17 gratuity paid’’ and inserting ‘‘have fallen hero com18 pensation paid’’.

19 (2) In section 1476(a)—

20 (A) in paragraph (1), by striking ‘‘a death

21 gratuity’’ and inserting ‘‘fallen hero compensa22 tion’’; and

23 (B) in paragraph (2), by striking ‘‘A death

24 gratuity’’ and inserting ‘‘Fallen hero compensa25 tion’’.
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1 (3) In section 1477(a), by striking ‘‘A death gra2 tuity’’ and inserting ‘‘Fallen hero compensation’’.

3 (4) In section 1478(a), by striking ‘‘The death

4 gratuity’’ and inserting ‘‘The amount of fallen hero

5 compensation’’.

6 (5) In section 1479(1), by striking ‘‘the death

7 gratuity’’ and inserting ‘‘fallen hero compensation’’.

8 (6) In section 1489—

9 (A) in subsection (a), by striking ‘‘a gra10 tuity’’ in the matter preceding paragraph (1)

11 and inserting ‘‘fallen hero compensation’’; and

12 (B) in subsection (b)(2), by inserting ‘‘or

13 other assistance’’ after ‘‘lesser death gratuity’’.

14 (b) CLERICAL AMENDMENTS.—

15 (1) Such subchapter is further amended by strik16 ing ‘‘Death gratuity:’’ each place it appears in

17 the heading of sections 1475 through 1480 and 1489

18 and inserting ‘‘Fallen hero compensation:’’.

19 (2) The table of sections at the beginning of such

20 subchapter is amended by striking ‘‘Death gratuity:’’

21 in the items relating to sections 1474 through 1480

22 and 1489 and inserting ‘‘Fallen hero compensation:’’.

23 (c) GENERAL REFERENCES.—Any reference to a death

24 gratuity payable under subchapter II of chapter 75 of title

25 10, United States Code, in any law, regulation, document,
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1 paper, or other record of the United States shall be deemed

2 to be a reference to fallen hero compensation payable under

3 such subchapter, as amended by this section.

4 SEC. 8122. Of the amount appropriated by title IV

5 under the heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND

6 EVALUATION, AIR FORCE’’, up to $3,000,000 may be used

7 for research and development on the reliability of field pro8 grammable gate arrays for space applications.

9 SEC. 8123. Of the amount appropriated by title IV

10 under the heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND

11 EVALUATION, ARMY’’, up to $1,000,000 may be used for

12 Chemical Biological Defense Material Test and Evaluation

13 Initiative.

14 SEC. 8124. Of the amount appropriated by title IV

15 under the heading ‘‘RESEARCH, DEVELOPMENT, TEST AND

16 EVALUATION, ARMY’’, up to $1,000,000 may be made avail17 able for an environmental management and compliance in18 formation system.

19 SEC. 8125. Of the amount appropriated by title IV

20 under the heading ‘‘RESEARCH, DEVELOPMENT, TEST AND

21 EVALUATION, ARMY’’, up to $2,000,000 may be made avail22 able for medical advanced technology for applied emergency

23 hypothermia for advanced combat casualty life support.

24 SEC. 8126. (a) FINDINGS.—The Senate makes the fol25 lowing findings:
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1 (1) The Department of Defense Appropriations

2 Act, 2004 (Public Law 108–87), the Department of

3 Defense Appropriations Act, 2005 (Public Law 108–

4 287), and the Emergency Supplemental Appropria5 tions Act for Defense, the Global War on Terror, and

6 Tsunami Relief, 2005 (Public Law 109–13) each con7 tain a sense of the Senate provision urging the Presi8 dent to provide in the annual budget requests of the

9 President for a fiscal year under section 1105(a) of

10 title 31, United States Code, an estimate of the cost

11 of ongoing military operations in Iraq and Afghani12 stan in such fiscal year.

13 (2) The budget for fiscal year 2006 submitted to

14 Congress by the President on February 7, 2005, re15 quests no funds for fiscal year 2006 for ongoing mili16 tary operations in Iraq or Afghanistan.

17 (3) According to the Congressional Research

18 Service, there exists historical precedent for including

19 the cost of ongoing military operations in the annual

20 budget requests of the President following initial

21 funding for such operations by emergency or supple22 mental appropriations Acts, including—

23 (A) funds for Operation Noble Eagle, begin24 ning in the budget request of President George

25 W. Bush for fiscal year 2005;
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1 (B) funds for operations in Kosovo, begin2 ning in the budget request of President George

3 W. Bush for fiscal year 2001;

4 (C) funds for operations in Bosnia, begin5 ning in budget request of President Clinton for

6 fiscal year 1997;

7 (D) funds for operations in Southwest Asia,

8 beginning in the budget request of President

9 Clinton for fiscal year 1997;

10 (E) funds for operations in Vietnam, begin11 ning in the budget request of President Johnson

12 for fiscal year 1966; and

13 (F) funds for World War II, beginning in

14 the budget request of President Roosevelt for fis15 cal year 1943.

16 (4) In section 1024(b) of Emergency Supple17 mental Appropriations Act for Defense, the Global

18 War on Terror, and Tsunami Relief, 2005 (119 Stat.

19 252), the Senate requested that the President submit

20 to Congress, not later than September 1, 2005, an

21 amendment to the budget of the President for fiscal

22 year 2006 setting forth detailed cost estimates for on23 going military operations overseas during such fiscal

24 year.
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1 (5) The President has yet to submit such an

2 amendment.

3 (6) The Department of Defense Appropriations

4 Act, 2006, as reported to the Senate by the Committee

5 on Appropriations of the Senate on September 28,

6 2005, contains a bridge fund of $50,000,000,000 for

7 overseas contingency operations, but the determina8 tion of that amount could not take into account any

9 Administration estimate on the projected cost of such

10 operations in fiscal year 2006.

11 (7) In February 2005, the Congressional Budget

12 Office estimated that fiscal year 2006 cost of ongoing

13 military operations in Iraq and Afghanistan could

14 total $85,000,000,000.

15 (b) SENSE OF SENATE.—It is the sense of the Senate

16 that—

17 (1) any request for funds for a fiscal year after

18 fiscal year 2006 for an ongoing military operation

19 overseas, including operations in Afghanistan and

20 Iraq, should be included in the annual budget of the

21 President for such fiscal year as submitted to Con22 gress under section 1105(a) of title 31, United States

23 Code;

24 (2) the amendment to the budget of the President

25 for fiscal year 2006, requested by the Senate to be
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1 submitted to Congress not later than September 1,

2 2005, by section 1024(b) of Emergency Supplemental

3 Appropriations Act for Defense, the Global War on

4 Terror, and Tsunami Relief, 2005, is necessary to de5 scribe the anticipated use of the $50,000,000,000

6 bridge fund appropriated in this Act and set forth all

7 additional appropriations that will be required for

8 the fiscal year; and

9 (3) any funds provided for a fiscal year for on10 going military operations overseas should be provided

11 in appropriations Acts for such fiscal year through

12 appropriations to specific accounts set forth in such

13 appropriations Acts.

14 SEC. 8127. (a) REIMBURSEMENT FOR CERTAIN PRO15 TECTIVE, SAFETY, OR HEALTH EQUIPMENT PURCHASED BY

16 OR FOR MEMBERS OF THE ARMED FORCES FOR DEPLOY17 MENT IN OPERATIONS IN IRAQ AND CENTRAL ASIA.—

18 (1) IN GENERAL.—Subject to subsections (d) and

19 (e), the Secretary of Defense shall reimburse a mem20 ber of the Armed Forces, or a person or entity referred

21 to in paragraph (2), for the cost (including shipping

22 cost) of any protective, safety, or health equipment

23 that was purchased by such member, or such person

24 or entity on behalf of such member, before or during

25 the deployment of such member in Operation Noble
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1 Eagle, Operation Enduring Freedom, or Operation

2 Iraqi Freedom for the use of such member in connec3 tion with such operation if the unit commander of

4 such member certifies that such equipment was crit5 ical to the protection, safety, or health of such mem6 ber.

7 (2) COVERED PERSONS AND ENTITIES.—A per8 son or entity referred to in this paragraph is a family

9 member or relative of a member of the Armed Forces,

10 a non-profit organization, or a community group.

11 (3) REGULATIONS NOT REQUIRED FOR REIM12 BURSEMENT.—Reimbursements may be made under

13 this subsection in advance of the promulgation by the

14 Secretary of Defense of regulations, if any, relating to

15 the administration of this section.

16 (b) PROTECTIVE EQUIPMENT REIMBURSEMENT

17 FUND.—

18 (1) ESTABLISHMENT.—There is hereby estab19 lished an account to be known as the ‘‘Protective

20 Equipment Reimbursement Fund’’ (in this subsection

21 referred to as the ‘‘Fund’’).

22 (2) ELEMENTS.—The Fund shall consist of

23 amounts deposited in the Fund from amounts avail24 able for the Fund under subsection (f).
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1 (3) AVAILABILITY.—Amounts in the Fund shall

2 be available directly to the unit commanders of mem3 bers of the Armed Forces for the making of reimburse4 ments for protective, safety, and health equipment

5 under subsection (a).

6 (4) DOCUMENTATION.—Each person seeking re7 imbursement under subsection (a) for protective, safe8 ty, or health equipment purchased by or on behalf of

9 a member of the Armed Forces shall submit to the

10 unit commander of such member such documentation

11 as is necessary to establish each of the following:

12 (A) The nature of such equipment, includ13 ing whether or not such equipment qualifies as

14 protective, safety, or health equipment under

15 subsection (c).

16 (B) The cost of such equipment.

17 (c) COVERED PROTECTIVE, SAFETY, AND HEALTH

18 EQUIPMENT.—Protective, safety, and health equipment for

19 which reimbursement shall be made under subsection (a)

20 shall include personal body armor, collective armor or pro21 tective equipment (including armor or protective equipment

22 for high mobility multi-purpose wheeled vehicles), and items

23 provided through the Rapid Fielding Initiative of the

24 Army, or equivalent programs of the other Armed Forces,

25 such as the advanced (on-the-move) hydration system, the
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1 advanced combat helmet, the close combat optics system, a

2 Global Positioning System (GPS) receiver, a gun scope and

3 a soldier intercommunication device.

4 (d) LIMITATION REGARDING AMOUNT OF REIMBURSE5 MENT.—The amount of reimbursement provided under sub6 section (a) per item of protective, safety, and health equip7 ment purchased by or on behalf of any given member of

8 the Armed Forces may not exceed the lesser of—

9 (1) the cost of such equipment (including ship10 ping cost); or

11 (2) $1,100.

12 (e) OWNERSHIP OF EQUIPMENT.—The Secretary shall

13 identify the circumstances, if any, under which the United

14 States shall assume title or ownership of protective, safety,

15 or health equipment for which reimbursement is provided

16 under subsection (a).

17 (f) FUNDING.—

18 (1) IN GENERAL.—Except as provided in para19 graph (2), amounts for reimbursements under sub20 section (a) shall be derived from any amounts author21 ized to be appropriated by this Act.

22 (2) EXCEPTION.—Amounts authorized to be ap23 propriated by this Act and available for the procure24 ment of equipment for members of the Armed Forces

25 deployed, or to be deployed, to Iraq or Afghanistan
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1 may not be utilized for reimbursements under sub2 section (a).

3 (g) REPEAL OF SUPERSEDED AUTHORITY.—Section

4 351 of the Ronald W. Reagan National Defense Authoriza5 tion Act for Fiscal Year 2005 (Public Law 108–375; 118.

6 Stat. 1857) is repealed.

7 SEC. 8128. ENSURING TRANSPARENCY IN FEDERAL

8 CONTRACTING.—(a) PUBLICATION OF INFORMATION ON

9 FEDERAL CONTRACTOR MISCONDUCT.—The Secretary of

10 Defense shall maintain a publicly-available website that

11 provides information on instances of improper conduct by

12 contractors entering into or carrying out Federal contracts,

13 including instances in which contractors have been fined,

14 paid penalties or restitution, settled, plead guilty to, or had

15 judgments entered against them in connection with allega16 tions of improper conduct.

17 (b) REPORTS ON FEDERAL NO-BID CONTRACTS RE18 LATED TO IRAQ RECONSTRUCTION.—

19 (1) REPORTS REQUIRED.—Not later than 7 days

20 after entering into a no-bid contract to procure prop21 erty or services in connection with Iraq reconstruc22 tion, the head of an executive agency shall submit to

23 the Secretary of Defense a report on the contract.
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1 (2) CONTENT.—Each report submitted under

2 paragraph (1) shall include the following informa3 tion:

4 (A) The date the contract was awarded.

5 (B) The contract number.

6 (C) The name of the contractor.

7 (D) The amounts awarded and obligated

8 under the contract.

9 (E) The scope of work under the contract.

10 (3) PUBLICATION.—The Secretary of Defense

11 shall maintain a publicly-available website that lists

12 the information provided in reports submitted under

13 paragraph (1).

14 (4) EXECUTIVE AGENCY DEFINED.—In this sub15 section, the term ‘‘executive agency’’ has the meaning

16 given such term in section 4 of the Office of Federal

17 Procurement Policy Act (41 U.S.C. 403).

18 SEC. 8129. (a) PROHIBITION ON TRANSFER OF AU19 THORITY ON TACTICAL UNMANNED AERIAL VEHICLES.—

20 None of the funds appropriated by this Act may be used

21 to transfer research and development, acquisition, or other

22 program authority relating to current tactical unmanned

23 aerial vehicles (TUAVs) from the Army.

24 (b) EXTENDED RANGE MULTI-PURPOSE UNMANNED

25 AERIAL VEHICLES.—The Army shall retain responsibility
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1 for and operational control of the Extended Range Multi2 Purpose (ERMP) Unmanned Aerial Vehicle (UAV) in order

3 to support the Secretary of Defense in matters relating to

4 the employment of unmanned aerial vehicles.

5 SEC. 8130. Of the amount appropriated in title III

6 under the heading ‘‘OTHER PROCUREMENT, NAVY’’, up to

7 $2,000,000 may be made available for the Surface Sonar

8 Dome Window Program.

9 SEC. 8131. Of the amount appropriated by title IV

10 under the heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND

11 EVALUATION, ARMY’’, up to $700,000 may be used for Med12 ical Countermeasures to Nerve Agents.

13 SEC. 8132. Of the amount appropriated by title IV

14 under the heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND

15 EVALUATION, DEFENSE-WIDE’’, up to $5,000,000 may be

16 used for High Performance Defense Manufacturing Tech17 nology Research and Development.

18 SEC. 8133. Of the amount appropriated by title II

19 under the heading ‘‘OPERATION AND MAINTENANCE,

20 ARMY’’, up to $600,000 may be made available for removal

21 of unexploded ordnance at Camp Wheeler, Georgia.

22 SEC. 8134. Of the amount appropriated by title IV

23 under the heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND

24 EVALUATION, ARMY’’, up to $4,000,000 may be used for the
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1 development of light-weight rigid-rod polyphenylene ammu2 nition.

3 SEC. 8135. Of the amounts appropriated by title VII

4 under the heading ‘‘INTELLIGENCE COMMUNITY MANAGE5 MENT ACCOUNT’’, up to $2,000,000 may be used for the Pat

6 Roberts Intelligence Scholars Program.

7 SEC. 8136. Of the amount appropriated by title IV

8 under the heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND

9 EVALUATION, ARMY’’, up to $1,000,000 may be used for

10 Combat Vehicle and Automotive Technology

11 (PE#0602601A) for the Multipurpose Utility Vehicle.

12 SEC. 8137. Of the amount appropriated by this title

13 under the heading ‘‘RESEARCH, DEVELOPMENT, TEST AND

14 EVALUATION, NAVY’’, up to $3,000,000 may be available for

15 land attack technology for the Millennium Gun System.

16 SEC. 8138. Of the amount appropriated by title IV

17 under the heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND

18 EVALUATION, ARMY’’, up to $2,000,000 may be used for

19 Moldable Armor.

20 SEC. 8139. PILOT PROJECT FOR CIVILIAN LINGUIST

21 RESERVE CORPS.—(a) IN GENERAL.—The Secretary of De22 fense, acting through the Chairman of the National Security

23 Education Board, shall, during the 3-year period beginning

24 on the date of enactment of this Act, carry out a pilot pro25 gram to establish a civilian linguist reserve corps, com-
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1 prised of United States citizens with advanced levels of pro2 ficiency in foreign languages, who would be available, upon

3 request from the President, to perform translation and other

4 services or duties with respect foreign languages for the Fed5 eral Government.

6 (b) IMPLEMENTATION.—In establishing the Civilian

7 Linguist Reserve Corps, the Secretary, after reviewing the

8 findings and recommendations contained in the report re9 quired under section 325 of the Intelligence Authorization

10 Act for Fiscal Year 2003 (Public Law 107–306; 116 Stat.

11 2393), shall—

12 (1) identify several foreign languages in which

13 proficiency by United States citizens is critical for

14 the national security interests of the United States

15 and the relative importance of such proficiency in

16 each such language;

17 (2) identify United States citizens with advanced

18 levels of proficiency in each foreign language identi19 fied under paragraph (1) who would be available to

20 perform the services and duties referred to in sub21 section (a);

22 (3) cooperate with other Federal agencies with

23 national security responsibilities to implement a pro24 cedure for securing the performance of the services
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1 and duties referred to in subsection (a) by the citizens

2 identified under paragraph (2); and

3 (4) invite individuals identified under para4 graph (2) to participate in the civilian linguist re5 serve corps.

6 (c) CONTRACT AUTHORITY.—In establishing the civil7 ian linguist reserve corps, the Secretary may enter into con8 tracts with appropriate agencies or entities.

9 (d) FEASIBILITY STUDY.—During the course of the

10 pilot program established under this section, the Secretary

11 shall conduct a study of the best practices to be utilized in

12 establishing the civilian linguist reserve corps, including

13 practices regarding—

14 (1) administrative structure;

15 (2) languages that will be available;

16 (3) the number of language specialists needed for

17 each language;

18 (4) the Federal agencies that may need language

19 services;

20 (5) compensation and other operating costs;

21 (6) certification standards and procedures;

22 (7) security clearances;

23 (8) skill maintenance and training; and

24 (9) the use of private contractors to supply lan25 guage specialists.
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1 (e) REPORTS.—

2 (1) EVALUATION REPORTS.—

3 (A) IN GENERAL.—Not later than 1 year

4 after the date of enactment of this Act, and an5 nually thereafter for the next 2 years, the Sec6 retary shall submit to Congress an evaluation re7 port on the pilot project conducted under this

8 section.

9 (B) CONTENTS.—Each report under sub10 paragraph (A) shall contain information on the

11 operation of the pilot project, the success of the

12 pilot project in carrying out the objectives of the

13 establishment of a civilian linguist reserve corps,

14 and recommendations for the continuation or ex15 pansion of the pilot project.

16 (2) FINAL REPORT.—Not later than 6 months

17 after the completion of the pilot project, the Secretary

18 shall submit to Congress a final report summarizing

19 the lessons learned, best practices, and recommenda20 tions for full implementation of a civilian linguist re21 serve corps.

22 (f) FUNDING.—Of the amount appropriated under the

23 heading ‘‘Operation and Maintenance, Defense-Wide’’ in

24 title II, up to $1,500,000 may be available to carry out

25 the pilot program under this section.
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1 SEC. 8140. (a) FUNDING FOR PARTICIPATION OF VET

2 CENTERS IN TRANSITION ASSISTANCE PROGRAMS.—Of the

3 amounts appropriated or otherwise made available by this

4 Act, up to $5,000,000 may be used for the participation

5 of Vet centers in the transition assistance programs of the

6 Department of Defense for members of the Armed Forces.

7 (b) VET CENTERS DEFINED.—In this section, the term

8 ‘‘Vet centers’’ means centers for the provision of readjust9 ment counseling and related mental health services under

10 section 1712A of title 38, United States Code.

11 SEC. 8141. Of the amount appropriated by title IV

12 under the heading ‘‘RESEARCH, DEVELOPMENT, TEST AND

13 EVALUATION, AIR FORCE’’, up to $2,500,000 may be avail14 able for advanced technology for IRCM component improve15 ment.

16 SEC. 8142. Of the amount appropriated by title IV

17 under the heading ‘‘RESEARCH, DEVELOPMENT, TEST AND

18 EVALUATION, ARMY’’ and available for demonstration and

19 validation, up to $5,000,000 may be available for the Plas20 ma Energy Pyrolysis System (PEPS), Operational Gasifi21 cation unit.

22 SEC. 8143. Of the amount appropriated by this Act

23 under the heading ‘‘RESEARCH, DEVELOPMENT, TEST AND

24 EVALUATION, DEFENSE-WIDE’’, up to $5,000,000 may be

25 available for the rapid mobilization of the New England
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1 Manufacturing Supply Chain Initiative to meet Depart2 ment of Defense supply shortages and surge demands for

3 parts and equipment.

4 SEC. 8144. Of the amount appropriated by title IV

5 under the heading ‘‘RESEARCH, DEVELOPMENT, TEST AND

6 EVALUATION, NAVY’’, up to $1,000,000 may be made avail7 able for Marine Corps assault vehicles for development of

8 carbon fabric-based friction materials to optimize the cross9 drive transmission brake system of the Expeditionary

10 Fighting Vehicle.

11 SEC. 8145. Of the amount appropriated by title IV

12 under the heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND

13 EVALUATION, NAVY, up to $2,000,000 may be used for Pro14 gram Element #0603235N for the Shipboard Automated

15 Reconstruction Capability.

16 SEC. 8146. (a) BLAST INJURY PREVENTION, MITIGA17 TION, AND TREATMENT INITIATIVE OF THE ARMY.—Of the

18 amount appropriated by title IV under the heading ‘‘RE19 SEARCH, DEVELOPMENT, TEST, AND EVALUATION, ARMY’’,

20 up to $1,000,000 may be available for Program Element

21 #63002A for far forward use of recombinant activated fac22 tor VII.

23 SEC. 8147. Beginning with the fiscal year 2006 pro24 gram year, the Secretary of the Air Force is strongly en25 couraged to exercise the option on the existing multiyear
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1 procurement contract for C–17 aircraft in order to enter

2 into a multiyear contract for the procurement of 42 addi3 tional C–17 aircraft.

4 SEC. 8148. DEPARTMENT OF DEFENSE TASK FORCE

5 ON MENTAL HEALTH.—(a) REQUIREMENT TO ESTAB6 LISH.—The Secretary of Defense shall establish within the

7 Department of Defense a task force to examine matters re8 lating to mental health and the Armed Forces.

9 (b) COMPOSITION.—

10 (1) MEMBERS.—The task force shall consist of

11 not more than 14 members appointed by the Sec12 retary of Defense from among individuals described

13 in paragraph (2) who have demonstrated expertise in

14 the area of mental health.

15 (2) RANGE OF MEMBERS.—The individuals ap16 pointed to the task force shall include—

17 (A) at least one member of each of the

18 Army, Navy, Air Force, and Marine Corps; and

19 (B) a number of persons from outside the

20 Department of Defense equal to the total number

21 of personnel from within the Department of De22 fense (whether members of the Armed Forces or

23 civilian personnel) who are appointed to the task

24 force.
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1 (3) INDIVIDUALS APPOINTED WITHIN DEPART2 MENT OF DEFENSE.—At least one of the individuals

3 appointed to the task force from within the Depart4 ment of Defense shall be the surgeon general of an

5 Armed Force or a designee of such surgeon general.

6 (4) INDIVIDUALS APPOINTED OUTSIDE DEPART7 MENT OF DEFENSE.—(A) Individuals appointed to

8 the task force from outside the Department of Defense

9 may include officers or employees of other depart10 ments or agencies of the Federal Government, officers

11 or employees of State and governments, or individuals

12 from the private sector.

13 (B) The individuals appointed to the task force

14 from outside the Department of Defense shall

15 include—

16 (i) an officer or employee of the Department

17 of Veterans Affairs appointed by the Secretary of

18 Defense in consultation with the Secretary of

19 Veterans Affairs;

20 (ii) an officer or employee of the Substance

21 Abuse and Mental Health Services Administra22 tion of the Department of Health and Human

23 Services appointed by the Secretary of Defense in

24 consultation with the Secretary of Health and

25 Human Services; and
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1 (iii) at least two individuals who are rep2 resentatives of—

3 (I) a mental health policy and advo4 cacy organization; and

5 (II) a national veterans service organi6 zation.

7 (5) DEADLINE FOR APPOINTMENT.—All appoint8 ments of individuals to the task force shall be made

9 not later than 120 days after the date of the enact10 ment of this Act.

11 (6) CO-CHAIRS OF TASK FORCE.—There shall be

12 two co-chairs of the task force. One of the co-chairs

13 shall be designated by the Secretary of the Defense at

14 the time of appointment from among the Department

15 of Defense personnel appointed to the task force. The

16 other co-chair shall be selected from among the mem17 bers appointed from outside the Department of De18 fense by members so appointed.

19 (c) LONG-TERM PLAN ON MENTAL HEALTH SERV20 ICES.—

21 (1) IN GENERAL.—Not later than 12 months

22 after the date on which all members of the task force

23 have been appointed, the task force shall submit to the

24 Secretary a long-term plan (referred to as a strategic

25 plan) on means by which the Department of Defense
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1 shall improve the efficacy of mental health services

2 provided to members of Armed Forces by the Depart3 ment of Defense.

4 (2) UTILIZATION OF OTHER EFFORTS.—In pre5 paring the report, the task force shall take into con6 sideration completed and ongoing efforts by the De7 partment of Defense to improve the efficacy of mental

8 health care provided to members of the Armed Forces

9 by the Department.

10 (3) ELEMENTS.—The long-term plan shall in11 clude an assessment of and recommendations (includ12 ing recommendations for legislative or administrative

13 action) for measures to improve the following:

14 (A) The awareness of the prevalence of men15 tal health conditions among members of the

16 Armed Forces.

17 (B) The efficacy of existing programs to

18 prevent, identify, and treat mental health condi19 tions among members of the Armed Forces, in20 cluding programs for and with respect to for21 ward-deployed troops.

22 (C) The reduction or elimination of barriers

23 to care, including the stigma associated with

24 seeking help for mental health related conditions,

25 and the enhancement of confidentiality for mem-
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1 bers of the Armed Forces seeking care for such

2 conditions.

3 (D) The adequacy of outreach, education,

4 and support programs on mental health matters

5 for families of members of the Armed Forces.

6 (E) The efficacy of programs and mecha7 nisms for ensuring a seamless transition from

8 care of members of the Armed Forces on active

9 duty for mental health conditions through the

10 Department of Defense to care for such condi11 tions through the Department of Veterans Affairs

12 after such members are discharged or released

13 from military, naval, or air service.

14 (F) The availability of long-term follow-up

15 and access to care for mental health conditions

16 for members of the Individual Ready Reserve,

17 and the Selective Reserve and for discharged,

18 separated, or retired members of the Armed

19 Forces.

20 (G) Collaboration among organizations in

21 the Department of Defense with responsibility for

22 or jurisdiction over the provision of mental

23 health services.

24 (H) Coordination between the Department

25 of Defense and civilian communities, including
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1 local support organizations, with respect to men2 tal health services.

3 (I) The scope and efficacy of curricula and

4 training on mental health matters for com5 manders in the Armed Forces.

6 (J) Such other matters as the task force con7 siders appropriate.

8 (d) ADMINISTRATIVE MATTERS.—

9 (1) COMPENSATION.—Each member of the task

10 force who is a member of the Armed Forces or a civil11 ian officer or employee of the United States shall

12 serve without compensation (other than compensation

13 to which entitled as a member of the Armed Forces

14 or an officer or employee of the United States, as the

15 case may be). Other members of the task force shall

16 be treated for purposes of section 3161 of title 5,

17 United States Code, as having been appointed under

18 subsection (b) of such section.

19 (2) OVERSIGHT.—The Under Secretary of De20 fense for Personnel and Readiness shall oversee the ac21 tivities of the task force.

22 (3) ADMINISTRATIVE SUPPORT.—The Wash23 ington Headquarters Services of the Department of

24 Defense shall provide the task force with personnel, fa25 cilities, and other administrative support as nec-
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1 essary for the performance of the duties of the task

2 force.

3 (4) ACCESS TO FACILITIES.—The Under Sec4 retary of Defense for Personnel and Readiness shall,

5 in coordination with the Secretaries of the military

6 departments, ensure appropriate access by the task

7 force to military installations and facilities for pur8 poses of the discharge of the duties of the task force.

9 (e) REPORT.—

10 (1) IN GENERAL.—The task force shall submit to

11 the Secretary of Defense a report on its activities

12 under this section. The report shall include—

13 (A) a description of the activities of the task

14 force;

15 (B) the plan required by subsection (c); and

16 (C) such other mattes relating to the activi17 ties of the task force that the task force considers

18 appropriate.

19 (2) TRANSMITTAL TO CONGRESS.—Not later than

20 90 days after receipt of the report under paragraph

21 (1), the Secretary shall transmit the report to the

22 Committees on Armed Services and Veterans’ Affairs

23 of the Senate and the House of Representatives. The

24 Secretary may include in the transmittal such com-
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1 ments on the report as the Secretary considers appro2 priate.

3 (f) TERMINATION.—The task force shall terminate 90

4 days after the date on which the report of the task force

5 is submitted to Congress under subsection (e)(2).

6 SEC. 8149. (a) ARMY PROGRAMS.—Of the amount ap7 propriated by title IV under the heading ‘‘RESEARCH, DE8 VELOPMENT, TEST, AND EVALUATION, ARMY’’, up to an ad9 ditional $10,000,000 may be used for Program Element

10 0601103A for University Research Initiatives.

11 (b) NAVY PROGRAMS.—Of the amount appropriated by

12 title IV under the heading ‘‘RESEARCH, DEVELOPMENT,

13 TEST, AND EVALUATION, NAVY’’, up to an additional

14 $5,000,000 may be used for Program Element 0601103N

15 for University Research Initiatives.

16 (c) AIR FORCE PROGRAMS.—Of the amount appro17 priated by title IV under the heading ‘‘RESEARCH, DEVEL18 OPMENT, TEST, AND EVALUATION, AIR FORCE’’, up to an

19 additional $10,000,000 may be used for Program Element

20 0601103F for University Research Initiatives.

21 (d) DEFENSE-WIDE ACTIVITIES.—Of the amount ap22 propriated by title IV under the heading ‘‘RESEARCH, DE23 VELOPMENT, TEST, AND EVALUATION, DEFENSE-WIDE’’—
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1 (A) up to an additional $10,000,000 may be

2 used for Program Element 0601120D8Z for the

3 SMART National Defense Education Program; and

4 (B) up to an additional $5,000,000 may be used

5 for Program Element 0601101E for the Defense Ad6 vanced Research Projects Agency University Research

7 Program in Cybersecurity.

8 (e) SENSE OF SENATE.—It is the sense of the Senate

9 that it should be a goal of the Department of Defense to

10 allocate to basic research programs each fiscal year an

11 amount equal to 15 percent of the funds available to the

12 Department of Defense for science and technology in such

13 fiscal year.

14 SEC. 8150. REPORT ON REVIEW AND IMPLEMENTATION

15 OF COMPTROLLER GENERAL RECOMMENDATIONS ON TRAN16 SITION ASSISTANCE FOR MEMBERS OF THE NATIONAL

17 GUARD AND RESERVES.—(a) REPORT.—Not later than 30

18 days after the date of the enactment of this Act, the Sec19 retary of Defense shall submit to the congressional defense

20 committees a report on the status of the review of, and ac21 tions taken to implement, the recommendations of the

22 Comptroller General of the United States in the report of

23 the Comptroller General entitled ‘‘Military and Veterans

24 Benefits: Enhanced Services Could Improve Transition As25 sistance for Reserves and National Guard’’ (GAO 05–544).
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1 (b) PARTICULAR INFORMATION.—If the Secretary has

2 determined in the course of the review described in sub3 section (a) not to implement any recommendation of the

4 Comptroller General described in that subsection, the report

5 under that subsection shall include a justification of such

6 determination.

7 SEC. 8151. Any limitation, directive, or earmarking

8 contained in either the House of Representatives or Senate

9 report accompanying H.R. 2863 shall also be included in

10 the conference report or joint statement accompanying H.R.

11 2863 in order to be considered as having been approved by

12 both Houses of Congress.

13 SEC. 8152. (a) Not later than 180 days after the date

14 of the enactment of this Act, the Secretary of Defense shall

15 submit to the congressional defense committees a report on

16 the use of ground source heat pumps at Department of De17 fense facilities.

18 (b) The report required under subsection (a) shall

19 include—

20 (1) a description of the types of Department of

21 Defense facilities that use ground source heat pumps;

22 (2) an assessment of the applicability and cost23 effectiveness of the use of ground source heat pumps

24 at Department of Defense facilities in different geo25 graphic regions of the United States; and
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1 (3) a description of the relative applicability of

2 ground source heat pumps for purposes of new con3 struction at, and retrofitting of, Department of De4 fense facilities.

5 SEC. 8153. (a) Of the amount appropriated by title

6 IV under the heading ‘‘RESEARCH, DEVELOPMENT, TEST

7 AND EVALUATION, NAVY’’ up to $1,500,000 may be avail8 able for research within the High-Brightness Electron

9 Source program.

10 SEC. 8154. UNIFORM STANDARDS FOR THE INTERRO11 GATION OF PERSONS UNDER THE DETENTION OF THE DE12 PARTMENT OF DEFENSE.—(a) IN GENERAL.—No person in

13 the custody or under the effective control of the Department

14 of Defense or under detention in a Department of Defense

15 facility shall be subject to any treatment or technique of

16 interrogation not authorized by and listed in the United

17 States Army Field Manual on Intelligence Interrogation.

18 (b) APPLICABILITY.—Subsection (a) shall not apply to

19 with respect to any person in the custody or under the effec20 tive control of the Department of Defense pursuant to a

21 criminal law or immigration law of the United States.

22 (c) CONSTRUCTION.—Nothing in this section shall be

23 construed to affect the rights under the United States Con24 stitution of any person in the custody or under the physical

25 jurisdiction of the United States.
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1 SEC. 8155. PROHIBITION ON CRUEL, INHUMAN, OR DE2 GRADING TREATMENT OR PUNISHMENT OF PERSONS UNDER

3 CUSTODY OR CONTROL OF THE UNITED STATES GOVERN4 MENT.—(a) IN GENERAL.—No individual in the custody or

5 under the physical control of the United States Government,

6 regardless of nationality or physical location, shall be sub7 ject to cruel, inhuman, or degrading treatment or punish8 ment.

9 (b) CONSTRUCTION.—Nothing in this section shall be

10 construed to impose any geographical limitation on the ap11 plicability of the prohibition against cruel, inhuman, or de12 grading treatment or punishment under this section.

13 (c) LIMITATION ON SUPERSEDURE.—The provisions of

14 this section shall not be superseded, except by a provision

15 of law enacted after the date of the enactment of this Act

16 which specifically repeals, modifies, or supersedes the provi17 sions of this section.

18 (d) CRUEL, INHUMAN, OR DEGRADING TREATMENT OR

19 PUNISHMENT DEFINED.—In this section, the term ‘‘cruel,

20 inhuman, or degrading treatment or punishment’’ means

21 the cruel, unusual, and inhumane treatment or punishment

22 prohibited by the Fifth, Eighth, and Fourteenth Amend23 ments to the Constitution of the United States, as defined

24 in the United States Reservations, Declarations and Under25 standings to the United Nations Convention Against Tor-
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1 ture and Other Forms of Cruel, Inhuman or Degrading

2 Treatment or Punishment done at New York, December 10,

3 1984.

4 SEC. 8156. None of the funds appropriated or other5 wise made available in this Act may be obligated or ex6 pended during fiscal year 2006 for paying salaries and ex7 penses or other costs associated with reimbursing or other8 wise financially compensating the Government of

9 Uzbekistan for services rendered to the United States at

10 Karshi-Khanabad airbase in Uzbekistan.

11 SEC. 8157. SENSE OF THE SENATE REGARDING DEPOT

12 MAINTENANCE.—(a) FINDINGS.—The Senate finds that—

13 (1) the Depot Maintenance Strategy and Master

14 Plan of the Air Force reflects the essential require15 ments for the Air Force to maintain a ready and con16 trolled source of organic technical competence, thereby

17 ensuring an effective and timely response to national

18 defense contingencies and emergency requirements;

19 (2) since the publication of the Depot Mainte20 nance Strategy and Master Plan of the Air Force in

21 2002, the service has made great progress toward

22 modernizing all 3 of its Depots, in order to maintain

23 their status as ‘‘world class’’ maintenance repair and

24 overhaul operations;
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1 (3) 1 of the indispensable components of the

2 Depot Maintenance Strategy and Master Plan of the

3 Air Force is the commitment of the Air Force to allo4 cate $150,000,000 a year over 6 years, beginning in

5 fiscal year 2004, for recapitalization and investment,

6 including the procurement of technologically advanced

7 facilities and equipment, of our Nation’s 3 Air Force

8 depots; and

9 (4) the funds expended to date have ensured that

10 transformation projects, such as the initial implemen11 tation of ‘‘Lean’’ and ‘‘Six Sigma’’ production tech12 niques, have achieved great success in dramatically

13 reducing the time necessary to perform depot mainte14 nance on aircraft.

15 (b) SENSE OF THE SENATE.—It is the sense of the Sen16 ate that—

17 (1) the Air Force should be commended for the

18 implementation of its Depot Maintenance Strategy

19 and Master Plan and, in particular, meeting its com20 mitment to invest $150,000,000 a year over 6 years,

21 since fiscal year 2004, in the Nation’s 3 Air Force

22 Depots; and

23 (2) the Air Force should continue to fully fund

24 its commitment of $150,000,000 a year through fiscal

25 year 2009 in investments and recapitalization
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1 projects pursuant to the Depot Maintenance Strategy

2 and Master Plan.

3 SEC. 8158. Of the amount appropriated by title III

4 under the heading ‘‘PROCUREMENT OF WEAPONS AND

5 TRACKED COMBAT VEHICLES, ARMY’’, up to $5,000,000

6 may be used for the Arsenal Support Program Initiative

7 for Watervliet Arsenal, New York.

8 SEC. 8159. Of the amount appropriated by title IV

9 under the heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND

10 EVALUATION, DEFENSE-WIDE’’, up to $4,000,000 may be

11 used for Oral Anthrax/Plague Vaccine Development.

12 SEC. 8160. (a) The Secretary of the Navy may, subject

13 to the terms and conditions of the Secretary, donate the

14 World War II-era marine railway located at the United

15 States Naval Academy, Annapolis, Maryland, to the Rich16 ardson Maritime Heritage Center, Cambridge, Maryland.

17 (b) The marine railway donated under subsection (a)

18 may not be used for commercial purposes.

19 SEC. 8161. The Secretary of Defense may present pro20 motional materials, including a United States flag, to any

21 member of an Active or Reserve component under the Sec22 retary’s jurisdiction who, as determined by the Secretary,

23 participates in Operation Enduring Freedom or Operation

24 Iraqi Freedom, along with other recognition items in con25 junction with any week-long national observation and day
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1 of national celebration, if established by Presidential proc2 lamation, for any such members returning from such oper3 ations.

4 SEC. 8162. (a) IMPLEMENTATION OF LONG-RANGE

5 WIRELESS CAPABILITIES.—Of the amount appropriated by

6 title II under the heading ‘‘OPERATION AND MAINTENANCE,

7 AIR FORCE’’, up to $10,000,000 may be used by the United

8 States Northern Command for the purposes of imple9 menting Long-Range Wireless telecommunications capabili10 ties for the Gulf States and key entities within the Northern

11 Command Area of Responsibility (AOR).

12 (b) IMPLEMENTATION OF LONG-RANGE WIRELESS CA13 PABILITIES.—Of the amount appropriated or otherwise

14 made available by title III under the heading ‘‘OTHER PRO15 CUREMENT, AIR FORCE’’, up to $20,000,000 may be used

16 by the United States Northern Command for the purposes

17 of implementing IMT–2000 3G Standards Based Commu18 nications Information Extension capabilities for the Gulf

19 States and key entities within the Northern Command Area

20 of Responsibility (AOR).

21 SEC. 8163. (a) SUBMISSION OF PROCEDURES FOR

22 COMBATANT STATUS REVIEW TRIBUNALS AND ADMINIS23 TRATIVE REVIEW BOARDS TO DETERMINE STATUS OF DE24 TAINEES AT GUANTANAMO BAY, CUBA.—Not later than 180

25 days after the date of enactment of this Act the President
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1 shall submit to the Congressional Defense Committees and

2 committees on Judiciary in the House and Senate the pro3 cedures for the Combatant Status Review Tribunals and a

4 noticed administrative review boards in operation at Guan5 tanamo Bay, Cuba, for determining the status of the detain6 ees held at Guantanamo Bay, including whether any such

7 detainee is a lawful enemy combatant or an unlawful

8 enemy combatant.

9 (b) PROCEDURES.—The procedures submitted to Con10 gress pursuant to subsection (a) shall ensure that—

11 (A) In making a determination of status

12 under such procedures, the Combatant Status

13 Review Tribunal and annual review boards may

14 not consider statements derived from persons

15 that, as determined by the Tribunals or boards,

16 by the preponderance of the evidence, were ob17 tained with undue coercion.

18 (B) The Designated Civilian Official shall

19 be an officer of the United States Government

20 whose appointment to office was made by the

21 President, by and with the advise and consent of

22 the Senate.

23 (C) MODIFICATION OF PROCEDURES.—The

24 President shall submit to Congress any modifica25 tion to the procedures submitted under subsection
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1 (a) no less than 30 days before the date on which

2 such modifications go into effect.

3 SEC. 8164. (a) ADDITIONAL AMOUNT FOR AIRCRAFT

4 PROCUREMENT, AIR FORCE.—The amount appropriated

5 under the heading ‘‘AIRCRAFT PROCUREMENT, AIR FORCE’’

6 is hereby increased by $130,000,000.

7 (b) AVAILABILITY OF AMOUNT.—Of the amount appro8 priated under the heading ‘‘AIRCRAFT PROCUREMENT, AIR

9 FORCE’’, as increased by subsection (a), $130,000,000 shall

10 be available for purposes as follows:

11 (1) Procurement of Predator air vehicles, initial

12 spares, and RSP kits.

13 (2) Procurement of Containerized Dual Control

14 Station Launch and Recovery Elements.

15 (3) Procurement of a Fixed Ground Control Sta16 tion.

17 (4) Procurement of other upgrades to Predator

18 Ground Control Stations, spares, and signals intel19 ligence packages.

20 (c) OFFSET.—(1) The amount appropriated by title II

21 for Operation and maintenance, Air Force is hereby re22 duced by $130,000,000.

23 SEC. 8165. SENSE OF SENATE ON TRANSFER OF

24 FUNDS FOR INCREASED PERSONNEL STRENGTHS FOR THE
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1 ARMY AND MARINE CORPS.—(a) FINDINGS.—The Senate

2 makes the following findings:

3 (1) A long-term increase in the personnel end

4 strengths for active duty personnel of the Army and

5 the Marine Corps is necessary in order to carry out

6 the current missions of the Army and the Marine

7 Corps and to relieve current strains on Army and

8 Marine Corps forces.

9 (2) The cost of the increase in such end strengths

10 is foreseeable and should be included in the annual

11 budget of the President for each fiscal year, as sub12 mitted to Congress pursuant to section 1105 of title

13 31, United States Code, in order to provide a full and

14 honest accounting to the American people of the per15 sonnel costs of the Army and the Marine Corps.

16 (3) The inclusion in the annual budget of the

17 President for each fiscal year of the costs of an in18 crease in such end strengths will permit the Army

19 and Marine Corps to plan for and accommodate the

20 additional troops contemplated by such increased end

21 strengths without reducing other important programs.

22 (b) SENSE OF SENATE.—It is the sense of the Senate

23 that the additional amounts to be required for increases in

24 the personnel end strengths for active duty personnel of the

25 Army and the Marine Corps for fiscal year 2006 should
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1 be transferred from amounts appropriated by title IX for

2 the Military Personnel, Army, Military Personnel, Marine

3 Corps, Operation and Maintenance, Army, and Operation

4 and Maintenance, Marine Corps, and Operation and Main5 tenance, Defense-Wide, accounts to the amounts appro6 priated for the applicable accounts in titles I and II.

7 SEC. 8166. Of the amount appropriated by title III

8 under the heading ‘‘OTHER PROCUREMENT, AIR FORCE’’,

9 up to $3,000,000 may be made available for the Laser

10 Marksmanship Training System.

11 SEC. 8167. Of the amount appropriated by title IV

12 under the heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND

13 EVALUATION, ARMY’’, up to $5,000,000 may be used for Me14 dium Tactical Vehicle Modifications.

15 SEC. 8168. Section 8013 of the Department of Defense

16 Appropriations Act, 1994 (Public Law 103–139; 107 Stat.

17 1440) is amended by striking ‘‘the report to the President

18 from the Defense Base Closure and Realignment Commis19 sion, July 1991’’ and inserting ‘‘the reports to the President

20 from the Defense Base Closure and Realignment Commis21 sion, July 1991 and July 1993’’.

22 SEC. 8169. Of the amount appropriated by title IV

23 under the heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND

24 EVALUATION, ARMY’’, up to $1,000,000 may be used for In-
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1 tegrated Starter/Alternator for Up-Armored High Mobility

2 Multi-Wheeled Vehicles.

3 SEC. 8170. AVAILABILITY OF AMOUNT.—Of the amount

4 appropriated by title II under the heading ‘‘OPERATION

5 AND MAINTENANCE, DEFENSE-WIDE’’, up to $60,000,000

6 may be made available as follows:

7 (A) Up to $50,000,000 may be made avail8 able for childcare services for families of members

9 of the Armed Forces.

10 (B) Up to $10,000,000 may be made avail11 able for family assistance centers that primarily

12 serve members of the Armed Forces and their

13 families.

14 (b) NATIONAL GUARD COUNTERDRUG SUPPORT AC15 TIVITIES.—

16 (1) AVAILABILITY OF AMOUNT.—Of the amount

17 appropriated by title VI under the heading ‘‘DRUG

18 INTERDICTION AND COUNTER-DRUG ACTIVITIES’’, up

19 to $40,000,000 may be available for the purpose of

20 National Guard counterdrug support activities.

21 (2) SUPPLEMENT NOT SUPPLANT.—The amount

22 available under paragraph (2) for the purpose speci23 fied in that paragraph is in addition to any other

24 amounts available under title VI for that purpose.
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1 SEC. 8171. Of the amount appropriated by title II

2 under the heading ‘‘OPERATION AND MAINTENANCE, DE3 FENSE-WIDE’’, up to $2,000,000 may be available for the

4 establishment, in consultation with the Reach Out and

5 Read National Center, of a pilot project on pediatric early

6 literacy on military installations.

7 SEC. 8172. INCREASE IN RATE OF BASIC PAY OF THE

8 ENLISTED MEMBER SERVING AS THE SENIOR ENLISTED

9 ADVISOR FOR THE CHAIRMAN OF THE JOINT CHIEFS OF

10 STAFF.—(a) INCREASE.—Footnote 2 to the table on En11 listed Members in section 601(b) of the National Defense

12 Authorization Act for Fiscal Year 2004 (Public Law 108–

13 136; 37 U.S.C. 1009 note) is amended by striking ‘‘or Mas14 ter Chief Petty Officer of the Coast Guard’’ and inserting

15 ‘‘Master Chief Petty Officer of the Coast Guard, or Senior

16 Enlisted Advisor for the Chairman of the Joint Chiefs of

17 Staff’’.

18 (b) PERSONAL MONEY ALLOWANCE.—

19 (1) ENTITLEMENT.—Section 414(c) of title 37,

20 United States Code, is amended by striking ‘‘or the

21 Master Chief Petty Officer of the Coast Guard’’ and

22 inserting ‘‘the Master Chief Petty Officer of the Coast

23 Guard, or the Senior Enlisted Advisor for the Chair24 man of the Joint Chiefs of Staff’’.
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1 (2) EFFECTIVE DATE.—The amendment made by

2 paragraph (1) shall take effect on April 1, 2005.

3 SEC. 8173. SUPPORT FOR YOUTH ORGANIZATIONS.—

4 (a) SHORT TITLE.—This Act may be cited as the ‘‘Support

5 Our Scouts Act of 2005’’.

6 (b) SUPPORT FOR YOUTH ORGANIZATIONS.—

7 (1) DEFINITIONS.—In this subsection—

8 (A) the term ‘‘Federal agency’’ means each

9 department, agency, instrumentality, or other

10 entity of the United States Government; and

11 (B) the term ‘‘youth organization’’—

12 (i) means any organization that is des13 ignated by the President as an organization

14 that is primarily intended to—

15 (I) serve individuals under the

16 age of 21 years;

17 (II) provide training in citizen18 ship, leadership, physical fitness, serv19 ice to community, and teamwork; and

20 (III) promote the development of

21 character and ethical and moral val22 ues; and

23 (ii) shall include—

24 (I) the Boy Scouts of America;
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1 (II) the Girl Scouts of the United

2 States of America;

3 (III) the Boys Clubs of America;

4 (IV) the Girls Clubs of America;

5 (V) the Young Men’s Christian

6 Association;

7 (VI) the Young Women’s Chris8 tian Association;

9 (VII) the Civil Air Patrol;

10 (VIII) the United States Olympic

11 Committee;

12 (IX) the Special Olympics;

13 (X) Campfire USA;

14 (XI) the Young Marines;

15 (XII) the Naval Sea Cadets Corps;

16 (XIII) 4–H Clubs;

17 (XIV) the Police Athletic League;

18 (XV) Big Brothers—Big Sisters of

19 America; and

20 (XVI) National Guard Youth

21 Challenge.

22 (2) IN GENERAL.—

23 (A) SUPPORT FOR YOUTH ORGANIZA24 TIONS.—
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1 (i) SUPPORT.—No Federal law (in2 cluding any rule, regulation, directive, in3 struction, or order) shall be construed to

4 limit any Federal agency from providing

5 any form of support for a youth organiza6 tion (including the Boy Scouts of America

7 or any group officially affiliated with the

8 Boy Scouts of America) that would result in

9 that Federal agency providing less support

10 to that youth organization (or any similar

11 organization chartered under the chapter of

12 title 36, United States Code, relating to that

13 youth organization) than was provided dur14 ing the preceding fiscal year. This clause

15 shall be subject to the availability of appro16 priations.

17 (ii) YOUTH ORGANIZATIONS THAT

18 CEASE TO EXIST.—Clause (i) shall not

19 apply to any youth organization that ceases

20 to exist.

21 (iii) WAIVERS.—The head of a Federal

22 agency may waive the application of clause

23 (i) to any youth organization with respect

24 to each conviction or investigation described
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1 under subclause (I) or (II) for a period of

2 not more than 2 fiscal years if—

3 (I) any senior officer (including

4 any member of the board of directors)

5 of the youth organization is convicted

6 of a criminal offense relating to the of7 ficial duties of that officer or the youth

8 organization is convicted of a criminal

9 offense; or

10 (II) the youth organization is the

11 subject of a criminal investigation re12 lating to fraudulent use or waste of

13 Federal funds.

14 (B) TYPES OF SUPPORT.—Support de15 scribed under this paragraph shall include—

16 (i) holding meetings, camping events,

17 or other activities on Federal property;

18 (ii) hosting any official event of such

19 organization;

20 (iii) loaning equipment; and

21 (iv) providing personnel services and

22 logistical support.

23 (c) SUPPORT FOR SCOUT JAMBOREES.—

24 (1) FINDINGS.—Congress makes the following

25 findings:
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1 (A) Section 8 of article I of the Constitution

2 of the United States commits exclusively to Con3 gress the powers to raise and support armies,

4 provide and maintain a Navy, and make rules

5 for the government and regulation of the land

6 and naval forces.

7 (B) Under those powers conferred by section

8 8 of article I of the Constitution of the United

9 States to provide, support, and maintain the

10 Armed Forces, it lies within the discretion of

11 Congress to provide opportunities to train the

12 Armed Forces.

13 (C) The primary purpose of the Armed

14 Forces is to defend our national security and

15 prepare for combat should the need arise.

16 (D) One of the most critical elements in de17 fending the Nation and preparing for combat is

18 training in conditions that simulate the prepa19 ration, logistics, and leadership required for de20 fense and combat.

21 (E) Support for youth organization events

22 simulates the preparation, logistics, and leader23 ship required for defending our national security

24 and preparing for combat.
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1 (F) For example, Boy Scouts of America’s

2 National Scout Jamboree is a unique training

3 event for the Armed Forces, as it requires the

4 construction, maintenance, and disassembly of a

5 ‘‘tent city’’ capable of supporting tens of thou6 sands of people for a week or longer. Camporees

7 at the United States Military Academy for Girl

8 Scouts and Boy Scouts provide similar training

9 opportunities on a smaller scale.

10 (2) SUPPORT.—Section 2554 of title 10, United

11 States Code, is amended by adding at the end the fol12 lowing:

13 ‘‘(i)(1) The Secretary of Defense shall provide at least

14 the same level of support under this section for a national

15 or world Boy Scout Jamboree as was provided under this

16 section for the preceding national or world Boy Scout Jam17 boree.

18 ‘‘(2) The Secretary of Defense may waive paragraph

19 (1), if the Secretary—

20 ‘‘(A) determines that providing the support sub21 ject to paragraph (1) would be detrimental to the na22 tional security of the United States; and

23 ‘‘(B) reports such a determination to the Con24 gress in a timely manner, and before such support is

25 not provided.’’.
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1 (d) EQUAL ACCESS FOR YOUTH ORGANIZATIONS.—

2 Section 109 of the Housing and Community Development

3 Act of 1974 (42 U.S.C. 5309) is amended—

4 (1) in the first sentence of subsection (b) by in5 serting ‘‘or (e)’’ after ‘‘subsection (a)’’; and

6 (2) by adding at the end the following:

7 ‘‘(e) EQUAL ACCESS.—

8 ‘‘(1) DEFINITION.—In this subsection, the term

9 ‘youth organization’ means any organization de10 scribed under part B of subtitle II of title 36, United

11 States Code, that is intended to serve individuals

12 under the age of 21 years.

13 ‘‘(2) IN GENERAL.—No State or unit of general

14 local government that has a designated open forum,

15 limited public forum, or nonpublic forum and that is

16 a recipient of assistance under this chapter shall deny

17 equal access or a fair opportunity to meet to, or dis18 criminate against, any youth organization, including

19 the Boy Scouts of America or any group officially af20 filiated with the Boy Scouts of America, that wishes

21 to conduct a meeting or otherwise participate in that

22 designated open forum, limited public forum, or non23 public forum.’’.

24 SEC. 8174. (a) There are appropriated out of the Em25 ployment Security Administration account of the Unem-
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1 ployment Trust Fund, $14,000,000 for authorized adminis2 trative expenses.

3 (b) From the money in the Treasury not other4 wise obligated or appropriated, there are appro5 priated to the Office of the Inspector General of the

6 Department of Health and Human Services

7 $5,000,000 for oversight activities related to Hurri8 cane Katrina.

9 (c) The amounts appropriated under subsection

10 (a) and (b)—

11 (1) are designated as an emergency require12 ments pursuant to section 402 of H. Con. Res.

13 95 (109th Congress); and

14 (2) shall remain available until expended.

15 TITLE IX—ADDITIONAL WAR-RELATED

16 APPROPRIATIONS

17 DEPARTMENT OF DEFENSE—MILITARY

18 MILITARY PERSONNEL

19 MILITARY PERSONNEL, ARMY

20 For an additional amount for ‘‘Military Personnel,

21 Army’’, $5,009,420,000.

22 MILITARY PERSONNEL, NAVY

23 For an additional amount for ‘‘Military Personnel,

24 Navy’’, $180,000.
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1 MILITARY PERSONNEL, MARINE CORPS

2 For an additional amount for ‘‘Military Personnel,

3 Marine Corps’’, $455,420,000.

4 MILITARY PERSONNEL, AIR FORCE

5 For an additional amount for ‘‘Military Personnel,

6 Air Force’’, $372,480,000.

7 RESERVE PERSONNEL, ARMY

8 For an additional amount for ‘‘Reserve Personnel,

9 Army’’, $121,500,000.

10 RESERVE PERSONNEL, NAVY

11 For an additional amount for ‘‘Reserve Personnel,

12 Navy’’, $10,000,000.

13 NATIONAL GUARD PERSONNEL, ARMY

14 For an additional amount for ‘‘National Guard Per15 sonnel, Army’’, $232,300,000.

16 NATIONAL GUARD PERSONNEL, AIR FORCE

17 For an additional amount for ‘‘National Guard Per18 sonnel, Air Force’’, $5,300,000.

19 OPERATION AND MAINTENANCE

20 OPERATION AND MAINTENANCE, ARMY

21 For an additional amount for ‘‘Operation and Mainte22 nance, Army’’, $21,915,547,000.

23 OPERATION AND MAINTENANCE, NAVY

24 For an additional amount for ‘‘Operation and Mainte25 nance, Navy’’, $1,806,400,000.
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1 OPERATION AND MAINTENANCE, MARINE CORPS

2 For an additional amount for ‘‘Operation and Mainte3 nance, Marine Corps’’, $1,275,800,000.

4 OPERATION AND MAINTENANCE, AIR FORCE

5 For an additional amount for ‘‘Operation and Mainte6 nance, Air Force’’, $2,014,900,000.

7 OPERATION AND MAINTENANCE, DEFENSE-WIDE

8 For an additional amount for ‘‘Operation and Mainte9 nance, Defense-Wide’’, $980,000,000, of which up to

10 $195,000,000, to remain available until expended, may be

11 used for payments to reimburse Pakistan, Jordan, and

12 other key cooperating nations, for logistical, military, and

13 other support provided, or to be provided, to United States

14 military operations, notwithstanding any other provision

15 of law: Provided, That such payments may be made in such

16 amounts as the Secretary of Defense, with the concurrence

17 of the Secretary of State, and in consultation with the Di18 rector of the Office of Management and Budget, may deter19 mine, in his discretion, based on documentation determined

20 by the Secretary of Defense to adequately account for the

21 support provided, and such determination is final and con22 clusive upon the accounting officers of the United States,

23 and 15 days following notification to the appropriate con24 gressional committees: Provided further, That the Secretary

25 of Defense shall provide quarterly reports to the congres-
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1 sional defense committees on the use of funds provided in

2 this paragraph.

3 OPERATION AND MAINTENANCE, ARMY RESERVE

4 For an additional amount for ‘‘Operation and Mainte5 nance, Army Reserve’’, $53,700,000.

6 OPERATION AND MAINTENANCE, NAVY RESERVE

7 For an additional amount for ‘‘Operation and Mainte8 nance, Navy Reserve’’, $9,400,000.

9 OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

10 For an additional amount for ‘‘Operation and Mainte11 nance, Marine Corps Reserve’’, $27,950,000.

12 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

13 For an additional amount for ‘‘Operation and Mainte14 nance, Air Force Reserve’’, $7,000,000.

15 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

16 For an additional amount for ‘‘Operation and Mainte17 nance, Army National Guard’’, $201,300,000.

18 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

19 For an additional amount for ‘‘Operation and Mainte20 nance, Air National Guard’’, $13,400,000.

21 IRAQ FREEDOM FUND

22 (INCLUDING TRANSFER OF FUNDS)

23 For an additional amount for ‘‘Iraq Freedom Fund’’,

24 $4,100,000,000, to remain available for transfer until Sep25 tember 30, 2006, only to support operations in Iraq or Af-
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1 ghanistan and classified activities: Provided, That the Sec2 retary of Defense may transfer the funds provided herein

3 to appropriations for military personnel; operation and

4 maintenance; Overseas Humanitarian, Disaster, and Civic

5 Aid; procurement; research, development, test and evalua6 tion; the Defense Health Program; and working capital

7 funds: Provided further, That of the amounts provided

8 under this heading, $2,850,000,000 shall only be for classi9 fied programs, described in further detail in the classified

10 annex accompanying this Act: Provided further, That

11 $750,000,000 shall be available for the Joint IED Defeat

12 Task Force: Provided further, That funds transferred shall

13 be merged with and be available for the same purposes and

14 for the same time period as the appropriation or fund to

15 which transferred: Provided further, That this transfer au16 thority is in addition to any other transfer authority avail17 able to the Department of Defense: Provided further, That

18 upon a determination that all or part of the funds trans19 ferred from this appropriation are not necessary for the

20 purposes provided herein, such amounts may be transferred

21 back to this appropriation: Provided further, That the Sec22 retary of Defense shall, not fewer than 5 days prior to mak23 ing transfers from this appropriation, notify the congres24 sional defense committees in writing of the details of any

25 such transfer: Provided further, That the Secretary shall
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1 submit a report no later than 30 days after the end of each

2 fiscal quarter to the congressional defense committees sum3 marizing the details of the transfer of funds from this ap4 propriation.

5 PROCUREMENT

6 AIRCRAFT PROCUREMENT, ARMY

7 For an additional amount for ‘‘Aircraft Procurement,

8 Army’’, $348,100,000, to remain available until September

9 30, 2008.

10 MISSILE PROCUREMENT, ARMY

11 For an additional amount for ‘‘Missile Procurement,

12 Army’’, $80,000,000, to remain available until September

13 30, 2008.

14 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

15 VEHICLES, ARMY

16 For an additional amount for ‘‘Procurement of Weap17 ons and Tracked Combat Vehicles, Army’’, $910,700,000, to

18 remain available until September 30, 2008.

19 PROCUREMENT OF AMMUNITION, ARMY

20 For an additional amount for ‘‘Procurement of Am21 munition, Army’’, $335,780,000, to remain available until

22 September 30, 2008.
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1 OTHER PROCUREMENT, ARMY

2 For an additional amount for ‘‘Other Procurement,

3 Army’’, $3,916,000,000, to remain available until Sep4 tember 30, 2008.

5 AIRCRAFT PROCUREMENT, NAVY

6 For an additional amount for ‘‘Aircraft Procurement,

7 Navy’’, $151,537,000, to remain available until September

8 30, 2008.

9 WEAPONS PROCUREMENT, NAVY

10 For an additional amount for ‘‘Weapons Procurement,

11 Navy’’, $56,700,000, to remain available until September

12 30, 2008.

13 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

14 CORPS

15 For an additional amount for ‘‘Procurement of Am16 munition, Navy and Marine Corps’’, $48,485,000, to re17 main available until September 30, 2008.

18 OTHER PROCUREMENT, NAVY

19 For an additional amount for ‘‘Other Procurement,

20 Navy’’, $116,048,000, to remain available until September

21 30, 2008.

22 PROCUREMENT, MARINE CORPS

23 For an additional amount for ‘‘Procurement, Marine

24 Corps’’, $2,303,700,000, to remain available until Sep25 tember 30, 2008.
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1 AIRCRAFT PROCUREMENT, AIR FORCE

2 For an additional amount for ‘‘Aircraft Procurement,

3 Air Force’’, $118,058,000, to remain available until Sep4 tember 30, 2008.

5 MISSILE PROCUREMENT, AIR FORCE

6 For an additional amount for ‘‘Missile Procurement,

7 Air Force’’, $17,000,000, to remain available until Sep8 tember 30, 2008.

9 OTHER PROCUREMENT, AIR FORCE

10 For an additional amount for ‘‘Other Procurement,

11 Air Force’’, $17,500,000, to remain available until Sep12 tember 30, 2008.

13 PROCUREMENT, DEFENSE-WIDE

14 For an additional amount for ‘‘Procurement, Defense15 Wide’’, $132,075,000, to remain available until September

16 30, 2008.

17 NATIONAL GUARD AND RESERVE EQUIPMENT

18 For an additional amount for ‘‘NATIONAL GUARD AND

19 RESERVE EQUIPMENT’’, $1,300,000,000, to remain avail20 able until expended: Provided, That the amount available

21 under this heading shall be available for homeland security

22 and homeland security response equipment; Provided fur23 ther, That the amount provided under this heading is des24 ignated as an emergency requirement pursuant to section
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1 402 of the conference report to accompany S. Con. Res. 95

2 (109th Congress).

3 RESEARCH, DEVELOPMENT, TEST AND

4 EVALUATION

5 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

6 For an additional amount for ‘‘Research, Develop7 ment, Test and Evaluation, Army’’, $72,000,000, to remain

8 available until September 30, 2007.

9 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR

10 FORCE

11 For an additional amount for ‘‘Research, Develop12 ment, Test and Evaluation, Air Force’’, $17,800,000, to re13 main available until September 30, 2007.

14 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

15 DEFENSE-WIDE

16 For an additional amount for ‘‘Research, Develop17 ment, Test and Evaluation, Defense-Wide’’, $2,500,000, to

18 remain available until September 30, 2007.

19 REVOLVING AND MANAGEMENT FUNDS

20 DEFENSE WORKING CAPITAL FUNDS

21 For an additional amount for ‘‘Defense Working Cap22 ital Funds’’, $2,716,400,000.
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1 OTHER DEPARTMENT OF DEFENSE PROGRAMS

2 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,

3 DEFENSE

4 For an additional amount for ‘‘Drug Interdiction and

5 Counter-drug Activities, Defense’’, $27,620,000.

6 GENERAL PROVISIONS, TITLE IX

7 SEC. 9001. Appropriations provided in this title are

8 available for obligation until September 30, 2006, unless

9 otherwise so provided in this title.

10 SEC. 9002. Notwithstanding any other provision of

11 law or of this Act, funds made available in this title are

12 in addition to amounts provided elsewhere in this Act.

13 (TRANSFER OF FUNDS)

14 SEC. 9003. Upon his determination that such action

15 is necessary in the national interest, the Secretary of De16 fense may transfer between appropriations up to

17 $2,500,000,000 of the funds made available to the Depart18 ment of Defense in this title: Provided, That the Secretary

19 shall notify the Congress promptly of each transfer made

20 pursuant to the authority in this section: Provided further,

21 That the authority provided in this section is in addition

22 to any other transfer authority available to the Department

23 of Defense and is subject to the same terms and conditions

24 as the authority provided in section 8005 of this Act.

25 SEC. 9004. Funds appropriated in this title, or made

26 available by the transfer of funds in or pursuant to this
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1 title, for intelligence activities are deemed to be specifically

2 authorized by the Congress for purposes of section 504 of

3 the National Security Act of 1947 (50 U.S.C. 414).

4 SEC. 9005. None of the funds provided in this title may

5 be used to finance programs or activities denied by Congress

6 in fiscal years 2005 and 2006 appropriations to the De7 partment of Defense or to initiate a procurement or re8 search, development, test and evaluation new start program

9 without prior written notification to the congressional de10 fense committees.

11 SEC. 9006. Notwithstanding any other provision of

12 law, from funds made available in this title to the Depart13 ment of Defense for operation and maintenance, not to ex14 ceed $500,000,000 may be used by the Secretary of Defense,

15 with the concurrence of the Secretary of State, to train,

16 equip and provide related assistance only to the New Iraqi

17 Army and the Afghan National Army to enhance their ca18 pability to combat terrorism and to support U.S. military

19 operations in Iraq and Afghanistan: Provided, That such

20 assistance may include the provision of equipment, sup21 plies, services, training and funding: Provided further, That

22 the authority to provide assistance under this section is in

23 addition to any other authority to provide assistance to for24 eign nations: Provided further, That the Secretary of De25 fense shall notify the congressional defense committees, the
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1 Committee on International Relations of the House of Rep2 resentatives, and the Committee on Foreign Relations of the

3 Senate not less than 15 days before providing assistance

4 under the authority of this section.

5 SEC. 9007. (a) From funds made available in this title

6 to the Department of Defense, not to exceed $500,000,000

7 may be used, notwithstanding any other provision of law,

8 to fund the Commander’s Emergency Response Program,

9 for the purpose of enabling military commanders in Iraq

10 to respond to urgent humanitarian relief and reconstruction

11 requirements within their areas of responsibility by car12 rying out programs that will immediately assist the Iraqi

13 people, and to fund a similar program to assist the people

14 of Afghanistan.

15 (b) QUARTERLY REPORTS.—Not later than 15 days

16 after the end of each fiscal year quarter (beginning with

17 the first quarter of fiscal year 2006), the Secretary of De18 fense shall submit to the congressional defense committees

19 a report regarding the source of funds and the allocation

20 and use of funds during that quarter that were made avail21 able pursuant to the authority provided in this section or

22 under any other provision of law for the purposes of the

23 programs under subsection (a).

24 SEC. 9008. Amounts provided in this title for oper25 ations in Iraq and Afghanistan may be used by the Depart-
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1 ment of Defense for the purchase of heavy and light armored

2 vehicles for force protection purposes, notwithstanding price

3 or other limitations specified elsewhere in this Act, or any

4 other provision of law: Provided, That the Secretary of De5 fense shall submit a report in writing no later than 30 days

6 after the end of each fiscal quarter notifying the congres7 sional defense committees of any purchase described in this

8 section, including the cost, purposes, and quantities of vehi9 cles purchased.

10 SEC. 9009. During the current fiscal year, funds avail11 able to the Department of Defense for operation and mainte12 nance may be used, notwithstanding any other provision

13 of law, to provide supplies, services, transportation, includ14 ing airlift and sealift, and other logistical support to coali15 tion forces supporting military and stability operations in

16 Iraq and Afghanistan: Provided, That the Secretary of De17 fense shall provide quarterly reports to the congressional de18 fense committees regarding support provided under this sec19 tion.

20 SEC. 9010. (a) Not later than 60 days after the date

21 of the enactment of this Act and every 90 days thereafter

22 through the end of fiscal year 2006, the Secretary of Defense

23 shall set forth in a report to Congress a comprehensive set

24 of performance indicators and measures for progress toward

25 military and political stability in Iraq.
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1 (b) The report shall include performance standards

2 and goals for security, economic, and security force training

3 objectives in Iraq together with a notional timetable for

4 achieving these goals.

5 (c) In specific, the report requires, at a minimum, the

6 following:

7 (1) With respect to stability and security in

8 Iraq, the following:

9 (A) Key measures of political stability, in10 cluding the important political milestones that

11 must be achieved over the next several years.

12 (B) The primary indicators of a stable secu13 rity environment in Iraq, such as number of en14 gagements per day, numbers of trained Iraqi

15 forces, and trends relating to numbers and types

16 of ethnic and religious-based hostile encounters.

17 (C) An assessment of the estimated strength

18 of the insurgency in Iraq and the extent to which

19 it is composed of non-Iraqi fighters.

20 (D) A description of all militias operating

21 in Iraq, including the number, size, equipment

22 strength, military effectiveness, sources of sup23 port, legal status, and efforts to disarm or re24 integrate each militia.
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1 (E) Key indicators of economic activity that

2 should be considered the most important for de3 termining the prospects of stability in Iraq,

4 including—

5 (i) unemployment levels;

6 (ii) electricity, water, and oil produc7 tion rates; and

8 (iii) hunger and poverty levels.

9 (F) The criteria the Administration will use

10 to determine when it is safe to begin with11 drawing United States forces from Iraq.

12 (2) With respect to the training and performance

13 of security forces in Iraq, the following:

14 (A) The training provided Iraqi military

15 and other Ministry of Defense forces and the

16 equipment used by such forces.

17 (B) Key criteria for assessing the capabili18 ties and readiness of the Iraqi military and

19 other Ministry of Defense forces, goals for achiev20 ing certain capability and readiness levels (as

21 well as for recruiting, training, and equipping

22 these forces), and the milestones and notional

23 timetable for achieving these goals.

24 (C) The operational readiness status of the

25 Iraqi military forces, including the type, num-
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1 ber, size, and organizational structure of Iraqi

2 battalions that are—

3 (i) capable of conducting

4 counterinsurgency operations independ5 ently;

6 (ii) capable of conducting

7 counterinsurgency operations with the sup8 port of United States or coalition forces; or

9 (iii) not ready to conduct

10 counterinsurgency operations.

11 (D) The rates of absenteeism in the Iraqi

12 military forces and the extent to which insur13 gents have infiltrated such forces.

14 (E) The training provided Iraqi police and

15 other Ministry of Interior forces and the equip16 ment used by such forces.

17 (F) Key criteria for assessing the capabili18 ties and readiness of the Iraqi police and other

19 Ministry of Interior forces, goals for achieving

20 certain capability and readiness levels (as well

21 as for recruiting, training, and equipping), and

22 the milestones and notional timetable for achiev23 ing these goals, including—
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1 (i) the number of police recruits that

2 have received classroom training and the

3 duration of such instruction;

4 (ii) the number of veteran police offi5 cers who have received classroom instruction

6 and the duration of such instruction;

7 (iii) the number of police candidates

8 screened by the Iraqi Police Screening Serv9 ice, the number of candidates derived from

10 other entry procedures, and the success rates

11 of those groups of candidates;

12 (iv) the number of Iraqi police forces

13 who have received field training by inter14 national police trainers and the duration of

15 such instruction; and

16 (v) attrition rates and measures of ab17 senteeism and infiltration by insurgents.

18 (G) The estimated total number of Iraqi

19 battalions needed for the Iraqi security forces to

20 perform duties now being undertaken by coali21 tion forces, including defending the borders of

22 Iraq and providing adequate levels of law and

23 order throughout Iraq.
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1 (H) The effectiveness of the Iraqi military

2 and police officer cadres and the chain of com3 mand.

4 (I) The number of United States and coali5 tion advisors needed to support the Iraqi secu6 rity forces and associated ministries.

7 (J) An assessment, in a classified annex if

8 necessary, of United States military require9 ments, including planned force rotations,

10 through the end of calendar year 2006.

11 SEC. 9011. Congress, consistent with international and

12 United States law, reaffirms that torture of prisoners of war

13 and detainees is illegal and does not reflect the policies of

14 the United States Government or the values of the people

15 of the United States.

16 SEC. 9012. Supervision and administration costs asso17 ciated with a construction project funded with appropria18 tions available for operation and maintenance, and exe19 cuted in direct support of the Global War on Terrorism only

20 in Iraq and Afghanistan, may be obligated at the time a

21 construction contract is awarded: Provided, That for the

22 purpose of this section, supervision and administration

23 costs include all in-house Government cost.

24 SEC. 9013. Amounts appropriated or otherwise made

25 available in this title are designated as making appropria-
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1 tions for contingency operations related to the global war

2 on terrorism pursuant to section 402 of H. Con. Res. 95

3 (109th Congress), the concurrent resolution on the budget

4 for fiscal year 2006.

5 This Act may be cited as the ‘‘Department of Defense

6 Appropriations Act, 2006’’.

Attest:

Secretary.
109TH CONGRESS

1ST SESSION H. R. 2863

AMENDMENT