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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2863 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  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:

That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2006, for military functions administered by the 
Department of Defense and for other purposes, namely:

                      TITLE I--MILITARY PERSONNEL

                        Military Personnel, Army

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Army on active duty, (except members of reserve components provided 
for elsewhere), cadets, and aviation cadets; for members of the Reserve 
Officer's Training Corps; and for payments pursuant to section 156 of 
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the 
Department of Defense Military Retirement Fund, $28,099,587,000.

                        Military Personnel, Navy

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Navy on active duty (except members of the Reserve provided for 
elsewhere), midshipmen, and aviation cadets; for members of the Reserve 
Officer's Training Corps; and for payments pursuant to section 156 of 
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the 
Department of Defense Military Retirement Fund, $22,671,875,000.

                    Military Personnel, Marine Corps

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Marine Corps on active duty (except members of the Reserve provided 
for elsewhere); and for payments pursuant to section 156 of Public Law 
97-377, as amended (42 U.S.C. 402 note), and to the Department of 
Defense Military Retirement Fund, $8,894,984,000.

                     Military Personnel, Air Force

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Air Force on active duty (except members of reserve components 
provided for elsewhere), cadets, and aviation cadets; for members of 
the Reserve Officer's Training Corps; and for payments pursuant to 
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and 
to the Department of Defense Military Retirement Fund, $22,908,750,000.

                        Reserve Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army Reserve on active duty under 
sections 10211, 10302, and 3038 of title 10, United States Code, or 
while serving on active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty or other duty, 
and expenses authorized by section 16131 of title 10, United States 
Code; and for payments to the Department of Defense Military Retirement 
Fund, $3,052,269,000.

                        Reserve Personnel, Navy

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Navy Reserve on active duty under 
section 10211 of title 10, United States Code, or while serving on 
active duty under section 12301(d) of title 10, United States Code, in 
connection with performing duty specified in section 12310(a) of title 
10, United States Code, or while undergoing reserve training, or while 
performing drills or equivalent duty, and expenses authorized by 
section 16131 of title 10, United States Code; and for payments to the 
Department of Defense Military Retirement Fund, $1,617,299,000.

                    Reserve Personnel, Marine Corps

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Marine Corps Reserve on active 
duty under section 10211 of title 10, United States Code, or while 
serving on active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty, and for 
members of the Marine Corps platoon leaders class, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$491,601,000.

                      Reserve Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air Force Reserve on active duty 
under sections 10211, 10305, and 8038 of title 10, United States Code, 
or while serving on active duty under section 12301(d) of title 10, 
United States Code, in connection with performing duty specified in 
section 12310(a) of title 10, United States Code, or while undergoing 
reserve training, or while performing drills or equivalent duty or 
other duty, and expenses authorized by section 16131 of title 10, 
United States Code; and for payments to the Department of Defense 
Military Retirement Fund, $1,263,046,000.

                     National Guard Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army National Guard while on duty 
under section 10211, 10302, or 12402 of title 10 or section 708 of 
title 32, United States Code, or while serving on duty under section 
12301(d) of title 10 or section 502(f) of title 32, United States Code, 
in connection with performing duty specified in section 12310(a) of 
title 10, United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$4,555,794,000.

                  National Guard Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air National Guard on duty under 
section 10211, 10305, or 12402 of title 10 or section 708 of title 32, 
United States Code, or while serving on duty under section 12301(d) of 
title 10 or section 502(f) of title 32, United States Code, in 
connection with performing duty specified in section 12310(a) of title 
10, United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$2,125,632,000.

                  TITLE II--OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Army, as authorized by law; and not to 
exceed $11,478,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of the Army, and payments may be made on his certificate of necessity 
for confidential military purposes, $24,573,795,000.

                    Operation and Maintenance, Navy

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Navy and the Marine Corps, as 
authorized by law; and not to exceed $6,003,000 can be used for 
emergencies and extraordinary expenses, to be expended on the approval 
or authority of the Secretary of the Navy, and payments may be made on 
his certificate of necessity for confidential military purposes, 
$30,317,964,000.

                Operation and Maintenance, Marine Corps

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Marine Corps, as authorized by law, 
$3,780,926,000.

                  Operation and Maintenance, Air Force

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Air Force, as authorized by law; and 
not to exceed $7,699,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of the Air Force, and payments may be made on his certificate of 
necessity for confidential military purposes, $30,891,386,000.

                Operation and Maintenance, Defense-Wide

                     (including transfer of funds)

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of activities and agencies of the Department 
of Defense (other than the military departments), as authorized by law, 
$18,517,218,000: Provided, That not more than $25,000,000 may be used 
for the Combatant Commander Initiative Fund authorized under section 
166a of title 10, United States Code, and of which not to exceed 
$32,000,000 can be used for emergencies and extraordinary expenses, to 
be expended on the approval or authority of the Secretary of Defense, 
and payments may be made on his certificate of necessity for 
confidential military purposes: Provided further, That of the funds 
provided under this heading not less than $27,009,000 shall be made 
available for the Procurement Technical Assistance Cooperative 
Agreement Program, of which not less than $3,600,000 shall be available 
for centers defined in 10 U.S.C. 2411(1)(D): Provided further, That 
none of the funds appropriated or otherwise made available by this Act 
may be used to plan or implement the consolidation of a budget or 
appropriations liaison office of the Office of the Secretary of 
Defense, the office of the Secretary of a military department, or the 
service headquarters of one of the Armed Forces into a legislative 
affairs or legislative liaison office: Provided further, That 
$4,000,000, to remain available until expended, is available only for 
expenses relating to certain classified activities, and may be 
transferred as necessary by the Secretary to operation and maintenance 
appropriations or research, development, test and evaluation 
appropriations, to be merged with and to be available for the same time 
period as the appropriations to which transferred: Provided further, 
That any ceiling on the investment item unit cost of items that may be 
purchased with operation and maintenance funds shall not apply to the 
funds described in the preceding proviso: Provided further, That the 
transfer authority provided under this heading is in addition to any 
other transfer authority provided elsewhere in this Act.

                Operation and Maintenance, Army Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Army Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $1,956,482,000.

                Operation and Maintenance, Navy Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Navy Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $1,239,295,000.

            Operation and Maintenance, Marine Corps Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Marine Corps Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $197,734,000.

              Operation and Maintenance, Air Force Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Air Force Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $2,474,286,000.

             Operation and Maintenance, Army National Guard

    For expenses of training, organizing, and administering the Army 
National Guard, including medical and hospital treatment and related 
expenses in non-Federal hospitals; maintenance, operation, and repairs 
to structures and facilities; hire of passenger motor vehicles; 
personnel services in the National Guard Bureau; travel expenses (other 
than mileage), as authorized by law for Army personnel on active duty, 
for Army National Guard division, regimental, and battalion commanders 
while inspecting units in compliance with National Guard Bureau 
regulations when specifically authorized by the Chief, National Guard 
Bureau; supplying and equipping the Army National Guard as authorized 
by law; and expenses of repair, modification, maintenance, and issue of 
supplies and equipment (including aircraft), $4,428,119,000: Provided, 
That $10,000,000 shall be available for the operations and development 
of training and technology for the Joint Interagency Training Center-
East and the affiliated Center for National Response at the Memorial 
Tunnel and for providing homeland defense/security and traditional 
warfighting training to the Department of Defense, other federal 
agency, and state and local first responder personnel at the Joint 
Interagency Training Center-East.

             Operation and Maintenance, Air National Guard

    For expenses of training, organizing, and administering the Air 
National Guard, including medical and hospital treatment and related 
expenses in non-Federal hospitals; maintenance, operation, and repairs 
to structures and facilities; transportation of things, hire of 
passenger motor vehicles; supplying and equipping the Air National 
Guard, as authorized by law; expenses for repair, modification, 
maintenance, and issue of supplies and equipment, including those 
furnished from stocks under the control of agencies of the Department 
of Defense; travel expenses (other than mileage) on the same basis as 
authorized by law for Air National Guard personnel on active Federal 
duty, for Air National Guard commanders while inspecting units in 
compliance with National Guard Bureau regulations when specifically 
authorized by the Chief, National Guard Bureau, $4,681,291,000.

          United States Court of Appeals for the Armed Forces

    For salaries and expenses necessary for the United States Court of 
Appeals for the Armed Forces, $11,236,000, of which not to exceed 
$5,000 may be used for official representation purposes.

                    Environmental Restoration, Army

                     (including transfer of funds)

    For the Department of the Army, $407,865,000, to remain available 
until transferred: Provided, That the Secretary of the Army shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of the Army, or for similar purposes, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of the Army, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which transferred: Provided 
further, That upon a determination that all or part of the funds 
transferred from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation.

                    Environmental Restoration, Navy

                     (including transfer of funds)

    For the Department of the Navy, $305,275,000, to remain available 
until transferred: Provided, That the Secretary of the Navy shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of the Navy, or for similar purposes, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of the Navy, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which transferred: Provided 
further, That upon a determination that all or part of the funds 
transferred from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation.

                  Environmental Restoration, Air Force

                     (including transfer of funds)

    For the Department of the Air Force, $406,461,000, to remain 
available until transferred: Provided, That the Secretary of the Air 
Force shall, upon determining that such funds are required for 
environmental restoration, reduction and recycling of hazardous waste, 
removal of unsafe buildings and debris of the Department of the Air 
Force, or for similar purposes, transfer the funds made available by 
this appropriation to other appropriations made available to the 
Department of the Air Force, to be merged with and to be available for 
the same purposes and for the same time period as the appropriations to 
which transferred: Provided further, That upon a determination that all 
or part of the funds transferred from this appropriation are not 
necessary for the purposes provided herein, such amounts may be 
transferred back to this appropriation.

                Environmental Restoration, Defense-Wide

                     (including transfer of funds)

    For the Department of Defense, $28,167,000, to remain available 
until transferred: Provided, That the Secretary of Defense shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of Defense, or for similar purposes, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of Defense, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which transferred: Provided 
further, That upon a determination that all or part of the funds 
transferred from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation.

         Environmental Restoration, Formerly Used Defense Sites

                     (including transfer of funds)

    For the Department of the Army, $271,921,000, to remain available 
until transferred: Provided, That the Secretary of the Army shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris at sites formerly used by the Department of Defense, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of the Army, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which transferred: Provided 
further, That upon a determination that all or part of the funds 
transferred from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation.

             Overseas Humanitarian, Disaster, and Civic Aid

    For expenses relating to the Overseas Humanitarian, Disaster, and 
Civic Aid programs of the Department of Defense (consisting of the 
programs provided under sections 401, 402, 404, 2557, and 2561 of title 
10, United States Code), $61,546,000, to remain available until 
September 30, 2007.

              Former Soviet Union Threat Reduction Account

    For assistance to the republics of the former Soviet Union, 
including assistance provided by contract or by grants, for 
facilitating the elimination and the safe and secure transportation and 
storage of nuclear, chemical and other weapons; for establishing 
programs to prevent the proliferation of weapons, weapons components, 
and weapon-related technology and expertise; for programs relating to 
the training and support of defense and military personnel for 
demilitarization and protection of weapons, weapons components and 
weapons technology and expertise, and for defense and military 
contacts, $415,549,000, to remain available until September 30, 2008: 
Provided, That of the amounts provided under this heading, $15,000,000 
shall be available only to support the dismantling and disposal of 
nuclear submarines, submarine reactor components, and security 
enhancements for transport and storage of nuclear warheads in the 
Russian Far East.

                         TITLE III--PROCUREMENT

                       Aircraft Procurement, Army

    For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes, $2,562,480,000, to remain available for obligation until 
September 30, 2008.

                       Missile Procurement, Army

    For construction, procurement, production, modification, and 
modernization of missiles, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes, $1,214,919,000, to remain available for obligation until 
September 30, 2008.

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For construction, procurement, production, and modification of 
weapons and tracked combat vehicles, equipment, including ordnance, 
spare parts, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including the 
land necessary therefor, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway; 
and other expenses necessary for the foregoing purposes, 
$1,359,465,000, to remain available for obligation until September 30, 
2008.

                    Procurement of Ammunition, Army

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities authorized by section 2854 of title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for 
the foregoing purposes, $1,708,680,000, to remain available for 
obligation until September 30, 2008.

                        Other Procurement, Army

    For construction, procurement, production, and modification of 
vehicles, including tactical, support, and non-tracked combat vehicles; 
the purchase of passenger motor vehicles for replacement only; and the 
purchase of 14 vehicles required for physical security of personnel, 
notwithstanding price limitations applicable to passenger vehicles but 
not to exceed $255,000 per vehicle; communications and electronic 
equipment; other support equipment; spare parts, ordnance, and 
accessories therefor; specialized equipment and training devices; 
expansion of public and private plants, including the land necessary 
therefor, for the foregoing purposes, and such lands and interests 
therein, may be acquired, and construction prosecuted thereon prior to 
approval of title; and procurement and installation of equipment, 
appliances, and machine tools in public and private plants; reserve 
plant and Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes, $4,426,531,000, to 
remain available for obligation until September 30, 2008.

                       Aircraft Procurement, Navy

    For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, spare parts, 
and accessories therefor; specialized equipment; expansion of public 
and private plants, including the land necessary therefor, and such 
lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway, $9,880,492,000, to remain available for obligation 
until September 30, 2008.

                       Weapons Procurement, Navy

    For construction, procurement, production, modification, and 
modernization of missiles, torpedoes, other weapons, and related 
support equipment including spare parts, and accessories therefor; 
expansion of public and private plants, including the land necessary 
therefor, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway, $2,593,341,000, to remain available 
for obligation until September 30, 2008.

            Procurement of Ammunition, Navy and Marine Corps

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities authorized by section 2854 of title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for 
the foregoing purposes, $832,791,000, to remain available for 
obligation until September 30, 2008.

                   Shipbuilding and Conversion, Navy

    For expenses necessary for the construction, acquisition, or 
conversion of vessels as authorized by law, including armor and 
armament thereof, plant equipment, appliances, and machine tools and 
installation thereof in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; procurement of 
critical, long leadtime components and designs for vessels to be 
constructed or converted in the future; and expansion of public and 
private plants, including land necessary therefor, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title, as follows:
            Carrier Replacement Program (AP), $651,613,000;
            NSSN, $1,637,698,000;
            NSSN (AP), $763,786,000;
            SSGN, $286,516,000;
            CVN Refuelings, $1,493,563,000;
            CVN Refuelings (AP), $20,000,000;
            SSBN Submarine Refuelings, $230,193,000;
            SSBN Submarine Refuelings (AP), $62,248,000;
            DD(X) (AP), $765,992,000;
            DDG-51 Destroyer, $29,773,000;
            LHD-8, $197,769,000;
            LPD-17, $1,344,741,000;
            LHA-R, $150,447,000;
            LCAC Landing Craft Air Cushion, $110,583,000;
            Prior year shipbuilding costs, $517,523,000;
            Service Craft, $46,055,000; and
            For outfitting, post delivery, conversions, and first 
        destination transportation, $369,387,000;
in all: $8,677,887,000, to remain available for obligation until 
September 30, 2010: Provided, That additional obligations may be 
incurred after September 30, 2010, for engineering services, tests, 
evaluations, and other such budgeted work that must be performed in the 
final stage of ship construction: Provided further, That none of the 
funds provided under this heading for the construction or conversion of 
any naval vessel to be constructed in shipyards in the United States 
shall be expended in foreign facilities for the construction of major 
components of such vessel: Provided further, That none of the funds 
provided under this heading shall be used for the construction of any 
naval vessel in foreign shipyards.

                        Other Procurement, Navy

    For procurement, production, and modernization of support equipment 
and materials not otherwise provided for, Navy ordnance (except 
ordnance for new aircraft, new ships, and ships authorized for 
conversion); the purchase of passenger motor vehicles for replacement 
only, and the purchase of 9 vehicles required for physical security of 
personnel, notwithstanding price limitations applicable to passenger 
vehicles but not to exceed $255,000 per vehicle; expansion of public 
and private plants, including the land necessary therefor, and such 
lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway, $5,293,157,000, to remain available for obligation 
until September 30, 2008.

                       Procurement, Marine Corps

    For expenses necessary for the procurement, manufacture, and 
modification of missiles, armament, military equipment, spare parts, 
and accessories therefor; plant equipment, appliances, and machine 
tools, and installation thereof in public and private plants; reserve 
plant and Government and contractor-owned equipment layaway; vehicles 
for the Marine Corps, including the purchase of passenger motor 
vehicles for replacement only; and expansion of public and private 
plants, including land necessary therefor, and such lands and interests 
therein, may be acquired, and construction prosecuted thereon prior to 
approval of title, $1,361,605,000, to remain available for obligation 
until September 30, 2008.

                    Aircraft Procurement, Air Force

    For construction, procurement, and modification of aircraft and 
equipment, including armor and armament, specialized ground handling 
equipment, and training devices, spare parts, and accessories therefor; 
specialized equipment; expansion of public and private plants, 
Government-owned equipment and installation thereof in such plants, 
erection of structures, and acquisition of land, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; reserve 
plant and Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes including rents and 
transportation of things, $12,729,492,000, to remain available for 
obligation until September 30, 2008.

                     Missile Procurement, Air Force

    For construction, procurement, and modification of missiles, 
spacecraft, rockets, and related equipment, including spare parts and 
accessories therefor, ground handling equipment, and training devices; 
expansion of public and private plants, Government-owned equipment and 
installation thereof in such plants, erection of structures, and 
acquisition of land, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for 
the foregoing purposes including rents and transportation of things, 
$5,068,974,000, to remain available for obligation until September 30, 
2008.

                  Procurement of Ammunition, Air Force

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities authorized by section 2854 of title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for 
the foregoing purposes, $996,111,000, to remain available for 
obligation until September 30, 2008.

                      Other Procurement, Air Force

    For procurement and modification of equipment (including ground 
guidance and electronic control equipment, and ground electronic and 
communication equipment), and supplies, materials, and spare parts 
therefor, not otherwise provided for; the purchase of passenger motor 
vehicles for replacement only, and the purchase of 2 vehicles required 
for physical security of personnel, notwithstanding price limitations 
applicable to passenger vehicles but not to exceed $255,000 per 
vehicle; lease of passenger motor vehicles; and expansion of public and 
private plants, Government-owned equipment and installation thereof in 
such plants, erection of structures, and acquisition of land, for the 
foregoing purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon, prior to approval of 
title; reserve plant and Government and contractor-owned equipment 
layaway, $14,048,439,000, to remain available for obligation until 
September 30, 2008.

                       Procurement, Defense-Wide

    For expenses of activities and agencies of the Department of 
Defense (other than the military departments) necessary for 
procurement, production, and modification of equipment, supplies, 
materials, and spare parts therefor, not otherwise provided for; the 
purchase of passenger motor vehicles for replacement only, and the 
purchase of 5 vehicles required for physical security of personnel, 
notwithstanding prior limitations applicable to passenger vehicles but 
not to exceed $255,000 per vehicle; expansion of public and private 
plants, equipment, and installation thereof in such plants, erection of 
structures, and acquisition of land for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; reserve plant and 
Government and contractor-owned equipment layaway, $2,572,250,000, to 
remain available for obligation until September 30, 2008.

                  National Guard and Reserve Equipment

    For procurement of aircraft, missiles, tracked combat vehicles, 
ammunition, other weapons, and other procurement for the reserve 
components of the Armed Forces, $422,000,000, to remain available for 
obligation until September 30, 2008: Provided, That the Chiefs of the 
Reserve and National Guard components shall, not later than 30 days 
after the enactment of this Act, individually submit to the 
congressional defense committees the modernization priority assessment 
for their respective Reserve or National Guard component.

                    Defense Production Act Purchases

    For activities by the Department of Defense pursuant to sections 
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C. 
App. 2078, 2091, 2092, and 2093), $68,573,000, to remain available 
until expended.

          TITLE IV--RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$10,520,592,000, to remain available for obligation until September 30, 
2007.

            Research, Development, Test and Evaluation, Navy

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$18,557,904,000, to remain available for obligation until September 30, 
2007: Provided, That funds appropriated in this paragraph which are 
available for the V-22 may be used to meet unique operational 
requirements of the Special Operations Forces: Provided further, That 
funds appropriated in this paragraph shall be available for the Cobra 
Judy program.

         Research, Development, Test and Evaluation, Air Force

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$21,859,010,000, to remain available for obligation until September 30, 
2007.

        Research, Development, Test and Evaluation, Defense-Wide

    For expenses of activities and agencies of the Department of 
Defense (other than the military departments), necessary for basic and 
applied scientific research, development, test and evaluation; advanced 
research projects as may be designated and determined by the Secretary 
of Defense, pursuant to law; maintenance, rehabilitation, lease, and 
operation of facilities and equipment, $19,301,618,000, to remain 
available for obligation until September 30, 2007.

                Operational Test and Evaluation, Defense

    For expenses, not otherwise provided for, necessary for the 
independent activities of the Director, Operational Test and 
Evaluation, in the direction and supervision of operational test and 
evaluation, including initial operational test and evaluation which is 
conducted prior to, and in support of, production decisions; joint 
operational testing and evaluation; and administrative expenses in 
connection therewith, $168,458,000, to remain available for obligation 
until September 30, 2007.

                TITLE V--REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

    For the Defense Working Capital Funds, $1,154,940,000.

                     National Defense Sealift Fund

    For National Defense Sealift Fund programs, projects, and 
activities, and for expenses of the National Defense Reserve Fleet, as 
established by section 11 of the Merchant Ship Sales Act of 1946 (50 
U.S.C. App. 1744), and for the necessary expenses to maintain and 
preserve a U.S.-flag merchant fleet to serve the national security 
needs of the United States, $579,954,000, to remain available until 
expended: Provided, That none of the funds provided in this paragraph 
shall be used to award a new contract that provides for the acquisition 
of any of the following major components unless such components are 
manufactured in the United States: auxiliary equipment, including 
pumps, for all shipboard services; propulsion system components (that 
is; engines, reduction gears, and propellers); shipboard cranes; and 
spreaders for shipboard cranes: Provided further, That the exercise of 
an option in a contract awarded through the obligation of previously 
appropriated funds shall not be considered to be the award of a new 
contract: Provided further, That the Secretary of the military 
department responsible for such procurement may waive the restrictions 
in the first proviso on a case-by-case basis by certifying in writing 
to the Committees on Appropriations of the House of Representatives and 
the Senate that adequate domestic supplies are not available to meet 
Department of Defense requirements on a timely basis and that such an 
acquisition must be made in order to acquire capability for national 
security purposes.

             TITLE VI--OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For expenses, not otherwise provided for, for medical and health 
care programs of the Department of Defense, as authorized by law, 
$20,237,962,000, of which $19,345,087,000 shall be for Operation and 
maintenance, of which not to exceed 2 percent shall remain available 
until September 30, 2007, and of which up to $10,157,427,000 may be 
available for contracts entered into under the TRICARE program; of 
which $377,319,000, to remain available for obligation until September 
30, 2008, shall be for Procurement; and of which $515,556,000, to 
remain available for obligation until September 30, 2007, shall be for 
Research, development, test and evaluation.

            Chemical Agents and Munitions Destruction, Army

    For expenses, not otherwise provided for, necessary for the 
destruction of the United States stockpile of lethal chemical agents 
and munitions, to include construction of facilities, in accordance 
with the provisions of section 1412 of the Department of Defense 
Authorization Act, 1986 (50 U.S.C. 1521), and for the destruction of 
other chemical warfare materials that are not in the chemical weapon 
stockpile, $1,430,727,000, of which $1,241,514,000 shall be for 
Operation and maintenance; $116,527,000 shall be for Procurement to 
remain available until September 30, 2008; $72,686,000 shall be for 
Research, development, test and evaluation, of which $57,926,000 shall 
only be for the Assembled Chemical Weapons Alternatives (ACWA) program, 
to remain available until September 30, 2007; and no less than 
$119,300,000 may be for the Chemical Stockpile Emergency Preparedness 
Program, of which $36,800,000 shall be for activities on military 
installations and $82,500,000 shall be to assist State and local 
governments.

         Drug Interdiction and Counter-Drug Activities, Defense

                     (including transfer of funds)

    For drug interdiction and counter-drug activities of the Department 
of Defense, for transfer to appropriations available to the Department 
of Defense for military personnel of the reserve components serving 
under the provisions of title 10 and title 32, United States Code; for 
Operation and maintenance; for Procurement; and for Research, 
development, test and evaluation, $926,821,000: Provided, That the 
funds appropriated under this heading shall be available for obligation 
for the same time period and for the same purpose as the appropriation 
to which transferred: Provided further, That upon a determination that 
all or part of the funds transferred from this appropriation are not 
necessary for the purposes provided herein, such amounts may be 
transferred back to this appropriation: Provided further, That the 
transfer authority provided under this heading is in addition to any 
other transfer authority contained elsewhere in this Act.

                    Office of the Inspector General

    For expenses and activities of the Office of the Inspector General 
in carrying out the provisions of the Inspector General Act of 1978, as 
amended, $209,687,000, of which $208,687,000 shall be for Operation and 
maintenance, of which not to exceed $700,000 is available for 
emergencies and extraordinary expenses to be expended on the approval 
or authority of the Inspector General, and payments may be made on the 
Inspector General's certificate of necessity for confidential military 
purposes; and of which $1,000,000, to remain available until September 
30, 2008, shall be for Procurement.

                      TITLE VII--RELATED AGENCIES

   Central Intelligence Agency Retirement and Disability System Fund

    For payment to the Central Intelligence Agency Retirement and 
Disability System Fund, to maintain the proper funding level for 
continuing the operation of the Central Intelligence Agency Retirement 
and Disability System, $244,600,000.

               Intelligence Community Management Account

                     (including transfer of funds)

    For necessary expenses of the Intelligence Community Management 
Account, $413,344,000, of which $27,454,000 for the Advanced Research 
and Development Committee shall remain available until September 30, 
2007: Provided, That of the funds appropriated under this heading, 
$17,000,000 shall be transferred to the Department of Justice for the 
National Drug Intelligence Center to support the Department of 
Defense's counter-drug intelligence responsibilities.

                     TITLE VIII--GENERAL PROVISIONS

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

                          (transfer of funds)

    Sec. 8005. Upon determination by the Secretary of Defense that such 
action is necessary in the national interest, he may, with the approval 
of the Office of Management and Budget, transfer not to exceed 
$3,500,000,000 of working capital funds of the Department of Defense or 
funds made available in this Act to the Department of Defense for 
military functions (except military construction) between such 
appropriations or funds or any subdivision thereof, to be merged with 
and to be available for the same purposes, and for the same time 
period, as the appropriation or fund to which transferred: Provided, 
That such authority to transfer may not be used unless for higher 
priority items, based on unforeseen military requirements, than those 
for which originally appropriated and in no case where the item for 
which funds are requested has been denied by the Congress: Provided 
further, That the Secretary of Defense shall notify the Congress 
promptly of all transfers made pursuant to this authority or any other 
authority in this Act: Provided further, That no part of the funds in 
this Act shall be available to prepare or present a request to the 
Committees on Appropriations for reprogramming of funds, unless for 
higher priority items, based on unforeseen military requirements, than 
those for which originally appropriated and in no case where the item 
for which reprogramming is requested has been denied by the Congress: 
Provided further, That a request for multiple reprogrammings of funds 
using authority provided in this section must be made prior to June 30, 
2006: Provided further, That transfers among military personnel 
appropriations shall not be taken into account for purposes of the 
limitation on the amount of funds that may be transferred under this 
section.

                          (transfer of funds)

    Sec. 8006. During the current fiscal year, cash balances in working 
capital funds of the Department of Defense established pursuant to 
section 2208 of title 10, United States Code, may be maintained in only 
such amounts as are necessary at any time for cash disbursements to be 
made from such funds: Provided, That transfers may be made between such 
funds: Provided further, That transfers may be made between working 
capital funds and the ``Foreign Currency Fluctuations, Defense'' 
appropriation and the ``Operation and Maintenance'' appropriation 
accounts in such amounts as may be determined by the Secretary of 
Defense, with the approval of the Office of Management and Budget, 
except that such transfers may not be made unless the Secretary of 
Defense has notified the Congress of the proposed transfer. Except in 
amounts equal to the amounts appropriated to working capital funds in 
this Act, no obligations may be made against a working capital fund to 
procure or increase the value of war reserve material inventory, unless 
the Secretary of Defense has notified the Congress prior to any such 
obligation.
    Sec. 8007. Funds appropriated by this Act may not be used to 
initiate a special access program without prior notification 30 
calendar days in session in advance to the congressional defense 
committees.
    Sec. 8008. None of the funds provided in this Act shall be 
available to initiate: (1) a multiyear contract that employs economic 
order quantity procurement in excess of $20,000,000 in any 1 year of 
the contract or that includes an unfunded contingent liability in 
excess of $20,000,000; or (2) a contract for advance procurement 
leading to a multiyear contract that employs economic order quantity 
procurement in excess of $20,000,000 in any 1 year, unless the 
congressional defense committees have been notified at least 30 days in 
advance of the proposed contract award: Provided, That no part of any 
appropriation contained in this Act shall be available to initiate a 
multiyear contract for which the economic order quantity advance 
procurement is not funded at least to the limits of the Government's 
liability: Provided further, That no part of any appropriation 
contained in this Act shall be available to initiate multiyear 
procurement contracts for any systems or component thereof if the value 
of the multiyear contract would exceed $500,000,000 unless specifically 
provided in this Act: Provided further, That no multiyear procurement 
contract can be terminated without 10-day prior notification to the 
congressional defense committees: Provided further, That the execution 
of multiyear authority shall require the use of a present value 
analysis to determine lowest cost compared to an annual procurement: 
Provided further, That none of the funds provided in this Act may be 
used for a multiyear contract executed after the date of the enactment 
of this Act unless in the case of any such contract--
            (1) the Secretary of Defense has submitted to Congress a 
        budget request for full funding of units to be procured through 
        the contract;
            (2) cancellation provisions in the contract do not include 
        consideration of recurring manufacturing costs of the 
        contractor associated with the production of unfunded units to 
        be delivered under the contract;
            (3) the contract provides that payments to the contractor 
        under the contract shall not be made in advance of incurred 
        costs on funded units; and
            (4) the contract does not provide for a price adjustment 
        based on a failure to award a follow-on contract.
    Funds appropriated in title III of this Act may be used for a 
multiyear procurement contract as follows:
            UH-60/MH-60 Helicopters; and
            C-17 Globemaster.
    Sec. 8009. Within the funds appropriated for the operation and 
maintenance of the Armed Forces, funds are hereby appropriated pursuant 
to section 401 of title 10, United States Code, for humanitarian and 
civic assistance costs under chapter 20 of title 10, United States 
Code. Such funds may also be obligated for humanitarian and civic 
assistance costs incidental to authorized operations and pursuant to 
authority granted in section 401 of chapter 20 of title 10, United 
States Code, and these obligations shall be reported as required by 
section 401(d) of title 10, United States Code: Provided, That funds 
available for operation and maintenance shall be available for 
providing humanitarian and similar assistance by using Civic Action 
Teams in the Trust Territories of the Pacific Islands and freely 
associated states of Micronesia, pursuant to the Compact of Free 
Association as authorized by Public Law 99-239: Provided further, That 
upon a determination by the Secretary of the Army that such action is 
beneficial for graduate medical education programs conducted at Army 
medical facilities located in Hawaii, the Secretary of the Army may 
authorize the provision of medical services at such facilities and 
transportation to such facilities, on a nonreimbursable basis, for 
civilian patients from American Samoa, the Commonwealth of the Northern 
Mariana Islands, the Marshall Islands, the Federated States of 
Micronesia, Palau, and Guam.
    Sec. 8010. (a) During fiscal year 2006, the civilian personnel of 
the Department of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal year 
shall not be subject to any constraint or limitation (known as an end-
strength) on the number of such personnel who may be employed on the 
last day of such fiscal year.
    (b) The fiscal year 2007 budget request for the Department of 
Defense as well as all justification material and other documentation 
supporting the fiscal year 2007 Department of Defense budget request 
shall be prepared and submitted to the Congress as if subsections (a) 
and (b) of this provision were effective with regard to fiscal year 
2006.
    (c) Nothing in this section shall be construed to apply to military 
(civilian) technicians.
    Sec. 8011. None of the funds appropriated in this or any other Act 
may be used to initiate a new installation overseas without 30-day 
advance notification to the Committees on Appropriations.
    Sec. 8012. None of the funds made available by this Act shall be 
used in any way, directly or indirectly, to influence congressional 
action on any legislation or appropriation matters pending before the 
Congress.
    Sec. 8013. None of the funds appropriated by this Act shall be 
available for the basic pay and allowances of any member of the Army 
participating as a full-time student and receiving benefits paid by the 
Secretary of Veterans Affairs from the Department of Defense Education 
Benefits Fund when time spent as a full-time student is credited toward 
completion of a service commitment: Provided, That this subsection 
shall not apply to those members who have reenlisted with this option 
prior to October 1, 1987: Provided further, That this subsection 
applies only to active components of the Army.
    Sec. 8014. (a) Limitation on Conversion to Contractor 
Performance.--None of the funds appropriated by this Act shall be 
available to convert to contractor performance an activity or function 
of the Department of Defense that, on or after the date of the 
enactment of this Act, is performed by more than 10 Department of 
Defense civilian employees unless--
            (1) the conversion is based on the result of a public-
        private competition that includes a most efficient and cost 
        effective organization plan developed by such activity or 
        function;
            (2) the Competitive Sourcing Official determines that, over 
        all performance periods stated in the solicitation of offers 
        for performance of the activity or function, the cost of 
        performance of the activity or function by a contractor would 
        be less costly to the Department of Defense by an amount that 
        equals or exceeds the lesser of--
                    (A) 10 percent of the most efficient organization's 
                personnel-related costs for performance of that 
                activity or function by Federal employees; or
                    (B) $10,000,000; and
            (3) the contractor does not receive an advantage for a 
        proposal that would reduce costs for the Department of Defense 
        by--
                    (A) not making an employer-sponsored health 
                insurance plan available to the workers who are to be 
                employed in the performance of that activity or 
                function under the contract; or
                    (B) offering to such workers an employer-sponsored 
                health benefits plan that requires the employer to 
                contribute less towards the premium or subscription 
                share than the amount that is paid by the Department of 
                Defense for health benefits for civilian employees 
                under chapter 89 of title 5, United States Code.
    (b) Exceptions.--
            (1) The Department of Defense, without regard to subsection 
        (a) of this section or subsections (a), (b), or (c) of section 
        2461 of title 10, United States Code, and notwithstanding any 
        administrative regulation, requirement, or policy to the 
        contrary shall have full authority to enter into a contract for 
        the performance of any commercial or industrial type function 
        of the Department of Defense that--
                    (A) is included on the procurement list established 
                pursuant to section 2 of the Javits-Wagner-O'Day Act 
                (41 U.S.C. 47);
                    (B) is planned to be converted to performance by a 
                qualified nonprofit agency for the blind or by a 
                qualified nonprofit agency for other severely 
                handicapped individuals in accordance with that Act; or
                    (C) is planned to be converted to performance by a 
                qualified firm under at least 51 percent ownership by 
                an Indian tribe, as defined in section 4(e) of the 
                Indian Self-Determination and Education Assistance Act 
                (25 U.S.C. 450b(e)), or a Native Hawaiian Organization, 
                as defined in section 8(a)(15) of the Small Business 
                Act (15 U.S.C. 637(a)(15)).
            (2) This section shall not apply to depot contracts or 
        contracts for depot maintenance as provided in sections 2469 
        and 2474 of title 10, United States Code.
    (c) Treatment of Conversion.--The conversion of any activity or 
function of the Department of Defense under the authority provided by 
this section shall be credited toward any competitive or outsourcing 
goal, target, or measurement that may be established by statute, 
regulation, or policy and is deemed to be awarded under the authority 
of, and in compliance with, subsection (h) of section 2304 of title 10, 
United States Code, for the competition or outsourcing of commercial 
activities.

                          (transfer of funds)

    Sec. 8015. Funds appropriated in title III of this Act for the 
Department of Defense Pilot Mentor-Protege Program may be transferred 
to any other appropriation contained in this Act solely for the purpose 
of implementing a Mentor-Protege Program developmental assistance 
agreement pursuant to section 831 of the National Defense Authorization 
Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as 
amended, under the authority of this provision or any other transfer 
authority contained in this Act.
    Sec. 8016. None of the funds in this Act may be available for the 
purchase by the Department of Defense (and its departments and 
agencies) of welded shipboard anchor and mooring chain 4 inches in 
diameter and under unless the anchor and mooring chain are manufactured 
in the United States from components which are substantially 
manufactured in the United States: Provided, That for the purpose of 
this section manufactured will include cutting, heat treating, quality 
control, testing of chain and welding (including the forging and shot 
blasting process): Provided further, That for the purpose of this 
section substantially all of the components of anchor and mooring chain 
shall be considered to be produced or manufactured in the United States 
if the aggregate cost of the components produced or manufactured in the 
United States exceeds the aggregate cost of the components produced or 
manufactured outside the United States: Provided further, That when 
adequate domestic supplies are not available to meet Department of 
Defense requirements on a timely basis, the Secretary of the service 
responsible for the procurement may waive this restriction on a case-
by-case basis by certifying in writing to the Committees on 
Appropriations that such an acquisition must be made in order to 
acquire capability for national security purposes.
    Sec. 8017. None of the funds appropriated by this Act available for 
the Civilian Health and Medical Program of the Uniformed Services 
(CHAMPUS) or TRICARE shall be available for the reimbursement of any 
health care provider for inpatient mental health service for care 
received when a patient is referred to a provider of inpatient mental 
health care or residential treatment care by a medical or health care 
professional having an economic interest in the facility to which the 
patient is referred: Provided, That this limitation does not apply in 
the case of inpatient mental health services provided under the program 
for persons with disabilities under subsection (d) of section 1079 of 
title 10, United States Code, provided as partial hospital care, or 
provided pursuant to a waiver authorized by the Secretary of Defense 
because of medical or psychological circumstances of the patient that 
are confirmed by a health professional who is not a Federal employee 
after a review, pursuant to rules prescribed by the Secretary, which 
takes into account the appropriate level of care for the patient, the 
intensity of services required by the patient, and the availability of 
that care.
    Sec. 8018. Of the funds appropriated or otherwise made available in 
this Act, a reduction of $591,100,000 is hereby taken from title III, 
Procurement, from the ``Other Procurement, Army'' account: Provided, 
That within 30 days of enactment of this Act, the Secretary of the Army 
shall provide a report to the House Committee on Appropriations and the 
Senate Committee on Appropriations which describes the application of 
these reductions to programs, projects or activities within this 
account.
    Sec. 8019. None of the funds available to the Department of Defense 
may be used to demilitarize or dispose of M-1 Carbines, M-1 Garand 
rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or M-1911 
pistols.
    Sec. 8020. No more than $500,000 of the funds appropriated or made 
available in this Act shall be used during a single fiscal year for any 
single relocation of an organization, unit, activity or function of the 
Department of Defense into or within the National Capital Region: 
Provided, That the Secretary of Defense may waive this restriction on a 
case-by-case basis by certifying in writing to the congressional 
defense committees that such a relocation is required in the best 
interest of the Government.
    Sec. 8021. In addition to the funds provided elsewhere in this Act, 
$8,000,000 is appropriated only for incentive payments authorized by 
section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544): 
Provided, That a prime contractor or a subcontractor at any tier that 
makes a subcontract award to any subcontractor or supplier as defined 
in section 1544 of title 25, United States Code or a small business 
owned and controlled by an individual or individuals defined under 
section 4221(9) of title 25, United States Code shall be considered a 
contractor for the purposes of being allowed additional compensation 
under section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544) 
whenever the prime contract or subcontract amount is over $500,000 and 
involves the expenditure of funds appropriated by an Act making 
Appropriations for the Department of Defense with respect to any fiscal 
year: Provided further, That notwithstanding section 430 of title 41, 
United States Code, this section shall be applicable to any Department 
of Defense acquisition of supplies or services, including any contract 
and any subcontract at any tier for acquisition of commercial items 
produced or manufactured, in whole or in part by any subcontractor or 
supplier defined in section 1544 of title 25, United States Code or a 
small business owned and controlled by an individual or individuals 
defined under section 4221(9) of title 25, United States Code: Provided 
further, That, during the current fiscal year and hereafter, businesses 
certified as 8(a) by the Small Business Administration pursuant to 
section 8(a)(15) of Public Law 85-536, as amended, shall have the same 
status as other program participants under section 602 of Public Law 
100-656, 102 Stat. 3825 (Business Opportunity Development Reform Act of 
1988) for purposes of contracting with agencies of the Department of 
Defense.
    Sec. 8022. None of the funds appropriated by this Act shall be 
available to perform any cost study pursuant to the provisions of OMB 
Circular A-76 if the study being performed exceeds a period of 24 
months after initiation of such study with respect to a single function 
activity or 30 months after initiation of such study for a multi-
function activity.
    Sec. 8023. Funds appropriated by this Act for the American Forces 
Information Service shall not be used for any national or international 
political or psychological activities.
    Sec. 8024. Notwithstanding any other provision of law or 
regulation, the Secretary of Defense may adjust wage rates for civilian 
employees hired for certain health care occupations as authorized for 
the Secretary of Veterans Affairs by section 7455 of title 38, United 
States Code.
    Sec. 8025. The Secretary of Defense, acting through the Office of 
Economic Adjustment of the Department of Defense, may use funds made 
available in this Act under the heading ``Operation and Maintenance, 
Defense-Wide'' to make grants and supplement other Federal funds in 
accordance with the guidance provided in the report of the Committee on 
Appropriations of the Senate accompanying this Act, and the projects 
specified in such guidance shall be considered to be authorized by law.
    Sec. 8026. During the current fiscal year, the Department of 
Defense is authorized to incur obligations of not to exceed 
$350,000,000 for purposes specified in section 2350j(c) of title 10, 
United States Code, in anticipation of receipt of contributions, only 
from the Government of Kuwait, under that section: Provided, That upon 
receipt, such contributions from the Government of Kuwait shall be 
credited to the appropriations or fund which incurred such obligations.

                     (including transfer of funds)

    Sec. 8027. (a) Of the funds made available in this Act, not less 
than $31,109,000 shall be available for the Civil Air Patrol 
Corporation, of which--
            (1) $24,288,000 shall be available from ``Operation and 
        Maintenance, Air Force'' to support Civil Air Patrol 
        Corporation operation and maintenance, readiness, counterdrug 
        activities, and drug demand reduction activities involving 
        youth programs;
            (2) $6,000,000 shall be available from ``Aircraft 
        Procurement, Air Force''; and
            (3) $821,000 shall be available from ``Other Procurement, 
        Air Force'' for vehicle procurement.
    (b) The Secretary of the Air Force should waive reimbursement for 
any funds used by the Civil Air Patrol for counter-drug activities in 
support of Federal, State, and local government agencies.
    Sec. 8028. (a) None of the funds appropriated in this Act are 
available to establish a new Department of Defense (department) 
federally funded research and development center (FFRDC), either as a 
new entity, or as a separate entity administrated by an organization 
managing another FFRDC, or as a nonprofit membership corporation 
consisting of a consortium of other FFRDCs and other non-profit 
entities.
    (b) No member of a Board of Directors, Trustees, Overseers, 
Advisory Group, Special Issues Panel, Visiting Committee, or any 
similar entity of a defense FFRDC, and no paid consultant to any 
defense FFRDC, except when acting in a technical advisory capacity, may 
be compensated for his or her services as a member of such entity, or 
as a paid consultant by more than one FFRDC in a fiscal year: Provided, 
That a member of any such entity referred to previously in this 
subsection shall be allowed travel expenses and per diem as authorized 
under the Federal Joint Travel Regulations, when engaged in the 
performance of membership duties.
    (c) Notwithstanding any other provision of law, none of the funds 
available to the department from any source during fiscal year 2006 may 
be used by a defense FFRDC, through a fee or other payment mechanism, 
for construction of new buildings, for payment of cost sharing for 
projects funded by Government grants, for absorption of contract 
overruns, or for certain charitable contributions, not to include 
employee participation in community service and/or development.
    (d) Notwithstanding any other provision of law, of the funds 
available to the department during fiscal year 2006, not more than 
5,500 staff years of technical effort (staff years) may be funded for 
defense FFRDCs: Provided, That of the specific amount referred to 
previously in this subsection, not more than 1,050 staff years may be 
funded for the defense studies and analysis FFRDCs: Provided further, 
That this subsection shall not apply to staff years funded in the 
National Intelligence Program (NIP).
    (e) The Secretary of Defense shall, with the submission of the 
department's fiscal year 2007 budget request, submit a report 
presenting the specific amounts of staff years of technical effort to 
be allocated for each defense FFRDC during that fiscal year.
    (f) Notwithstanding any other provision of this Act, the total 
amount appropriated in this Act for FFRDCs is hereby reduced by 
$51,600,000.
    Sec. 8029. None of the funds appropriated or made available in this 
Act shall be used to procure carbon, alloy or armor steel plate for use 
in any Government-owned facility or property under the control of the 
Department of Defense which were not melted and rolled in the United 
States or Canada: Provided, That these procurement restrictions shall 
apply to any and all Federal Supply Class 9515, American Society of 
Testing and Materials (ASTM) or American Iron and Steel Institute 
(AISI) specifications of carbon, alloy or armor steel plate: Provided 
further, That the Secretary of the military department responsible for 
the procurement may waive this restriction on a case-by-case basis by 
certifying in writing to the Committees on Appropriations of the House 
of Representatives and the Senate that adequate domestic supplies are 
not available to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order to acquire 
capability for national security purposes: Provided further, That these 
restrictions shall not apply to contracts which are in being as of the 
date of the enactment of this Act.
    Sec. 8030. For the purposes of this Act, the term ``congressional 
defense committees'' means the Armed Services Committee of the House of 
Representatives, the Armed Services Committee of the Senate, the 
Subcommittee on Defense of the Committee on Appropriations of the 
Senate, and the Subcommittee on Defense of the Committee on 
Appropriations of the House of Representatives.
    Sec. 8031. During the current fiscal year, the Department of 
Defense may acquire the modification, depot maintenance and repair of 
aircraft, vehicles and vessels as well as the production of components 
and other Defense-related articles, through competition between 
Department of Defense depot maintenance activities and private firms: 
Provided, That the Senior Acquisition Executive of the military 
department or Defense Agency concerned, with power of delegation, shall 
certify that successful bids include comparable estimates of all direct 
and indirect costs for both public and private bids: Provided further, 
That Office of Management and Budget Circular A-76 shall not apply to 
competitions conducted under this section.
    Sec. 8032. (a)(1) If the Secretary of Defense, after consultation 
with the United States Trade Representative, determines that a foreign 
country which is party to an agreement described in paragraph (2) has 
violated the terms of the agreement by discriminating against certain 
types of products produced in the United States that are covered by the 
agreement, the Secretary of Defense shall rescind the Secretary's 
blanket waiver of the Buy American Act with respect to such types of 
products produced in that foreign country.
    (2) An agreement referred to in paragraph (1) is any reciprocal 
defense procurement memorandum of understanding, between the United 
States and a foreign country pursuant to which the Secretary of Defense 
has prospectively waived the Buy American Act for certain products in 
that country.
    (b) The Secretary of Defense shall submit to the Congress a report 
on the amount of Department of Defense purchases from foreign entities 
in fiscal year 2006. Such report shall separately indicate the dollar 
value of items for which the Buy American Act was waived pursuant to 
any agreement described in subsection (a)(2), the Trade Agreement Act 
of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to 
which the United States is a party.
    (c) For purposes of this section, the term ``Buy American Act'' 
means title III of the Act entitled ``An Act making appropriations for 
the Treasury and Post Office Departments for the fiscal year ending 
June 30, 1934, and for other purposes'', approved March 3, 1933 (41 
U.S.C. 10a et seq.).
    Sec. 8033. Appropriations contained in this Act that remain 
available at the end of the current fiscal year, and at the end of each 
fiscal year hereafter, as a result of energy cost savings realized by 
the Department of Defense shall remain available for obligation for the 
next fiscal year to the extent, and for the purposes, provided in 
section 2865 of title 10, United States Code.
    Sec. 8034. None of the funds in this Act may be used for research, 
development, test, evaluation, procurement or deployment of nuclear 
armed interceptors of a missile defense system.
    Sec. 8035. None of the funds appropriated in this Act shall be used 
to study, demonstrate, or implement any plans privatizing, divesting or 
transferring of any Civil Works missions, functions, or 
responsibilities for the United States Army Corps of Engineers to other 
government agencies without specific direction in a subsequent Act of 
Congress.
    Sec. 8036. The President shall include with each budget for a 
fiscal year submitted to the Congress under section 1105 of title 31, 
and hereafter, United States Code, materials that shall identify 
clearly and separately the amounts requested in the budget for 
appropriation for that fiscal year for salaries and expenses related to 
administrative activities of the Department of Defense, the military 
departments, and the defense agencies.
    Sec. 8037. Notwithstanding any other provision of law, funds 
available during the current fiscal year and hereafter for ``Drug 
Interdiction and Counter-Drug Activities, Defense'' may be obligated 
for the Young Marines program.

                     (including transfer of funds)

    Sec. 8038. During the current fiscal year, amounts contained in the 
Department of Defense Overseas Military Facility Investment Recovery 
Account established by section 2921(c)(1) of the National Defense 
Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687 note) 
shall be available until expended for the payments specified by section 
2921(c)(2) of that Act.
    Sec. 8039. (a) In General.--Notwithstanding any other provision of 
law, the Secretary of the Air Force may convey at no cost to the Air 
Force, without consideration, to Indian tribes located in the States of 
North Dakota, South Dakota, Montana, and Minnesota relocatable military 
housing units located at Grand Forks Air Force Base and Minot Air Force 
Base that are excess to the needs of the Air Force.
    (b) Processing of Requests.--The Secretary of the Air Force shall 
convey, at no cost to the Air Force, military housing units under 
subsection (a) in accordance with the request for such units that are 
submitted to the Secretary by the Operation Walking Shield Program on 
behalf of Indian tribes located in the States of North Dakota, South 
Dakota, Montana, and Minnesota.
    (c) Resolution of Housing Unit Conflicts.--The Operation Walking 
Shield Program shall resolve any conflicts among requests of Indian 
tribes for housing units under subsection (a) before submitting 
requests to the Secretary of the Air Force under subsection (b).
    (d) Indian Tribe Defined.--In this section, the term ``Indian 
tribe'' means any recognized Indian tribe included on the current list 
published by the Secretary of the Interior under section 104 of the 
Federally Recognized Indian Tribe Act of 1994 (Public Law 103-454; 108 
Stat. 4792; 25 U.S.C. 479a-1).
    Sec. 8040. During the current fiscal year, appropriations which are 
available to the Department of Defense for operation and maintenance 
may be used to purchase items having an investment item unit cost of 
not more than $250,000.
    Sec. 8041. (a) During the current fiscal year, none of the 
appropriations or funds available to the Department of Defense Working 
Capital Funds shall be used for the purchase of an investment item for 
the purpose of acquiring a new inventory item for sale or anticipated 
sale during the current fiscal year or a subsequent fiscal year to 
customers of the Department of Defense Working Capital Funds if such an 
item would not have been chargeable to the Department of Defense 
Business Operations Fund during fiscal year 1994 and if the purchase of 
such an investment item would be chargeable during the current fiscal 
year to appropriations made to the Department of Defense for 
procurement.
    (b) The fiscal year 2007 budget request for the Department of 
Defense as well as all justification material and other documentation 
supporting the fiscal year 2007 Department of Defense budget shall be 
prepared and submitted to the Congress on the basis that any equipment 
which was classified as an end item and funded in a procurement 
appropriation contained in this Act shall be budgeted for in a proposed 
fiscal year 2007 procurement appropriation and not in the supply 
management business area or any other area or category of the 
Department of Defense Working Capital Funds.
    Sec. 8042. None of the funds appropriated by this Act for programs 
of the Central Intelligence Agency shall remain available for 
obligation beyond the current fiscal year, except for funds 
appropriated for the Reserve for Contingencies, which shall remain 
available until September 30, 2007: Provided, That funds appropriated, 
transferred, or otherwise credited to the Central Intelligence Agency 
Central Services Working Capital Fund during this or any prior or 
subsequent fiscal year shall remain available until expended: Provided 
further, That any funds appropriated or transferred to the Central 
Intelligence Agency for advanced research and development acquisition, 
for agent operations, and for covert action programs authorized by the 
President under section 503 of the National Security Act of 1947, as 
amended, shall remain available until September 30, 2007.
    Sec. 8043. Notwithstanding any other provision of law, funds made 
available in this Act for the Defense Intelligence Agency may be used 
for the design, development, and deployment of General Defense 
Intelligence Program intelligence communications and intelligence 
information systems for the Services, the Unified and Specified 
Commands, and the component commands.
    Sec. 8044. Of the funds appropriated to the Department of Defense 
under the heading ``Operation and Maintenance, Defense-Wide'', not less 
than $10,000,000 shall be made available only for the mitigation of 
environmental impacts, including training and technical assistance to 
tribes, related administrative support, the gathering of information, 
documenting of environmental damage, and developing a system for 
prioritization of mitigation and cost to complete estimates for 
mitigation, on Indian lands resulting from Department of Defense 
activities.
    Sec. 8045. (a) None of the funds appropriated in this Act may be 
expended by an entity of the Department of Defense unless the entity, 
in expending the funds, complies with the Buy American Act. For 
purposes of this subsection, the term ``Buy American Act'' means title 
III of the Act entitled ``An Act making appropriations for the Treasury 
and Post Office Departments for the fiscal year ending June 30, 1934, 
and for other purposes'', approved March 3, 1933 (41 U.S.C. 10a et 
seq.).
    (b) If the Secretary of Defense determines that a person has been 
convicted of intentionally affixing a label bearing a ``Made in 
America'' inscription to any product sold in or shipped to the United 
States that is not made in America, the Secretary shall determine, in 
accordance with section 2410f of title 10, United States Code, whether 
the person should be debarred from contracting with the Department of 
Defense.
    (c) In the case of any equipment or products purchased with 
appropriations provided under this Act, it is the sense of the Congress 
that any entity of the Department of Defense, in expending the 
appropriation, purchase only American-made equipment and products, 
provided that American-made equipment and products are cost-
competitive, quality-competitive, and available in a timely fashion.
    Sec. 8046. None of the funds appropriated by this Act shall be 
available for a contract for studies, analysis, or consulting services 
entered into without competition on the basis of an unsolicited 
proposal unless the head of the activity responsible for the 
procurement determines--
            (1) as a result of thorough technical evaluation, only one 
        source is found fully qualified to perform the proposed work;
            (2) the purpose of the contract is to explore an 
        unsolicited proposal which offers significant scientific or 
        technological promise, represents the product of original 
        thinking, and was submitted in confidence by one source; or
            (3) the purpose of the contract is to take advantage of 
        unique and significant industrial accomplishment by a specific 
        concern, or to insure that a new product or idea of a specific 
        concern is given financial support: Provided, That this 
        limitation shall not apply to contracts in an amount of less 
        than $25,000,000, contracts related to improvements of 
        equipment that is in development or production, or contracts as 
        to which a civilian official of the Department of Defense, who 
        has been confirmed by the Senate, determines that the award of 
        such contract is in the interest of the national defense.
    Sec. 8047. (a) Except as provided in subsection (b) and (c), none 
of the funds made available by this Act may be used--
            (1) to establish a field operating agency; or
            (2) to pay the basic pay of a member of the Armed Forces or 
        civilian employee of the department who is transferred or 
        reassigned from a headquarters activity if the member or 
        employee's place of duty remains at the location of that 
        headquarters.
    (b) The Secretary of Defense or Secretary of a military department 
may waive the limitations in subsection (a), on a case-by-case basis, 
if the Secretary determines, and certifies to the Committees on 
Appropriations of the House of Representatives and Senate that the 
granting of the waiver will reduce the personnel requirements or the 
financial requirements of the department.
    (c) This section does not apply to--
            (1) field operating agencies funded within the National 
        Intelligence Program; or
            (2) an Army field operating agency established to 
        eliminate, mitigate, or counter the effects of improvised 
        explosive devices, and, as determined by the Secretary of the 
        Army, other similar threats.
    Sec. 8048. Up to $3,000,000 of the funds appropriated in Title II 
of this Act under the heading, ``Operation and Maintenance, Army'', may 
be made available to contract with the Army Historical Foundation, a 
non profit organization, for services required to solicit non-Federal 
donations to support construction and operation of the National Museum 
of the United States Army at Fort Belvoir, Virginia: Provided, That 
notwithstanding any other provision of law, the Army is authorized to 
receive future payments in this or the subsequent fiscal year from any 
non-profit organization chartered to support the National Museum of the 
United States Army to reimburse amounts expended by the Army pursuant 
to this section: Provided further, That any reimbursements received 
pursuant to this section shall be merged with ``Operation and 
Maintenance, Army'' and shall be made available for the same purposes 
and for the same time period as that appropriation account.

                             (rescissions)

    Sec. 8049. Of the funds appropriated in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded from the 
following accounts and programs in the specified amounts:
            ``Other Procurement, Army, 2005/2007'', $68,500,000;
            ``Aircraft Procurement, Navy, 2005/2007'', $104,800,000;
            ``Shipbuilding and Conversion, Navy, 2005/2009'', 
        $67,300,000;
            ``Other Procurement, Navy, 2005/2007'', $43,000,000;
            ``Aircraft Procurement, Air Force, 2004/2006'', $4,000,000;
            ``Aircraft Procurement, Air Force, 2005/2007'', 
        $20,000,000;
            ``Missile Procurement, Air Force, 2005/2007'', $29,000,000;
            ``Research, Development, Test and Evaluation, Army, 2005/
        2006'', $25,900,000;
            ``Research, Development, Test and Evaluation, Navy, 2005/
        2006'', $70,900,000; and
            ``Research, Development, Test and Evaluation, Air Force, 
        2005/2006'', $63,400,000.
    Sec. 8050. None of the funds available in this Act may be used to 
reduce the authorized positions for military (civilian) technicians of 
the Army National Guard, the Air National Guard, Army Reserve and Air 
Force Reserve for the purpose of applying any administratively imposed 
civilian personnel ceiling, freeze, or reduction on military (civilian) 
technicians, unless such reductions are a direct result of a reduction 
in military force structure.
    Sec. 8051. None of the funds appropriated or otherwise made 
available in this Act may be obligated or expended for assistance to 
the Democratic People's Republic of North Korea unless specifically 
appropriated for that purpose.
    Sec. 8052. During the current fiscal year and hereafter, funds 
appropriated in this Act are available to compensate members of the 
National Guard for duty performed pursuant to a plan submitted by a 
Governor of a State and approved by the Secretary of Defense under 
section 112 of title 32, United States Code: Provided, That during the 
performance of such duty, the members of the National Guard shall be 
under State command and control: Provided further, That such duty shall 
be treated as full-time National Guard duty for purposes of sections 
12602(a)(2) and (b)(2) of title 10, United States Code.
    Sec. 8053. Funds appropriated in this Act for operation and 
maintenance of the Military Departments, Combatant Commands and Defense 
Agencies shall be available for reimbursement of pay, allowances and 
other expenses which would otherwise be incurred against appropriations 
for the National Guard and Reserve when members of the National Guard 
and Reserve provide intelligence or counterintelligence support to 
Combatant Commands, Defense Agencies and Joint Intelligence Activities, 
including the activities and programs included within the National 
Intelligence Program (NIP), the Joint Military Intelligence Program 
(JMIP), and the Tactical Intelligence and Related Activities (TIARA) 
aggregate: Provided, That nothing in this section authorizes deviation 
from established Reserve and National Guard personnel and training 
procedures.
    Sec. 8054. During the current fiscal year, none of the funds 
appropriated in this Act may be used to reduce the civilian medical and 
medical support personnel assigned to military treatment facilities 
below the September 30, 2003 level: Provided, That the Service Surgeons 
General may waive this section by certifying to the congressional 
defense committees that the beneficiary population is declining in some 
catchment areas and civilian strength reductions may be consistent with 
responsible resource stewardship and capitation-based budgeting.
    Sec. 8055. Up to $2,000,000 of the funds appropriated under the 
heading, ``Operation and Maintenance, Navy'' may be made available to 
contract for the installation, repair, and maintenance of an on-base 
and adjacent off-base wastewater/treatment facility and infrastructure 
critical to base operations and the public health and safety of 
community residents in the vicinity of the NCTAMS.
    Sec. 8056. Notwithstanding any other provision of law, that not 
more than 35 percent of funds provided in this Act for environmental 
remediation may be obligated under indefinite delivery/indefinite 
quantity contracts with a total contract value of $130,000,000 or 
higher.
    Sec. 8057. (a) None of the funds available to the Department of 
Defense for any fiscal year for drug interdiction or counter-drug 
activities may be transferred to any other department or agency of the 
United States except as specifically provided in an appropriations law.
    (b) None of the funds available to the Central Intelligence Agency 
for any fiscal year for drug interdiction and counter-drug activities 
may be transferred to any other department or agency of the United 
States except as specifically provided in an appropriations law.

                          (transfer of funds)

    Sec. 8058. Appropriations available under the heading ``Operation 
and Maintenance, Defense-Wide'' for the current fiscal year and 
hereafter for increasing energy and water efficiency in Federal 
buildings may, during their period of availability, be transferred to 
other appropriations or funds of the Department of Defense for projects 
related to increasing energy and water efficiency, to be merged with 
and to be available for the same general purposes, and for the same 
time period, as the appropriation or fund to which transferred.
    Sec. 8059. None of the funds appropriated by this Act may be used 
for the procurement of ball and roller bearings other than those 
produced by a domestic source and of domestic origin: Provided, That 
the Secretary of the military department responsible for such 
procurement may waive this restriction on a case-by-case basis by 
certifying in writing to the Committees on Appropriations of the House 
of Representatives and the Senate, that adequate domestic supplies are 
not available to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order to acquire 
capability for national security purposes: Provided further, That this 
restriction shall not apply to the purchase of ``commercial items'', as 
defined by section 4(12) of the Office of Federal Procurement Policy 
Act, except that the restriction shall apply to ball or roller bearings 
purchased as end items.
    Sec. 8060. Notwithstanding any other provision of law, funds 
available to the Department of Defense shall be made available to 
provide transportation of medical supplies and equipment, on a 
nonreimbursable basis, to American Samoa, and funds available to the 
Department of Defense shall be made available to provide transportation 
of medical supplies and equipment, on a nonreimbursable basis, to the 
Indian Health Service when it is in conjunction with a civil-military 
project.
    Sec. 8061. None of the funds in this Act may be used to purchase 
any supercomputer which is not manufactured in the United States, 
unless the Secretary of Defense certifies to the congressional defense 
committees that such an acquisition must be made in order to acquire 
capability for national security purposes that is not available from 
United States manufacturers.
    Sec. 8062. Notwithstanding any other provision of law, each 
contract awarded by the Department of Defense during the current fiscal 
year for construction or service performed in whole or in part in a 
State (as defined in section 381(d) of title 10, United States Code) 
which is not contiguous with another State and has an unemployment rate 
in excess of the national average rate of unemployment as determined by 
the Secretary of Labor, shall include a provision requiring the 
contractor to employ, for the purpose of performing that portion of the 
contract in such State that is not contiguous with another State, 
individuals who are residents of such State and who, in the case of any 
craft or trade, possess or would be able to acquire promptly the 
necessary skills: Provided, That the Secretary of Defense may waive the 
requirements of this section, on a case-by-case basis, in the interest 
of national security.
    Sec. 8063. None of the funds made available in this or any other 
Act may be used to pay the salary of any officer or employee of the 
Department of Defense who approves or implements the transfer of 
administrative responsibilities or budgetary resources of any program, 
project, or activity financed by this Act to the jurisdiction of 
another Federal agency not financed by this Act without the express 
authorization of Congress: Provided, That this limitation shall not 
apply to transfers of funds expressly provided for in Defense 
Appropriations Acts, or provisions of Acts providing supplemental 
appropriations for the Department of Defense.
    Sec. 8064. (a) Limitation on Transfer of Defense Articles and 
Services.--Notwithstanding any other provision of law, none of the 
funds available to the Department of Defense for the current fiscal 
year may be obligated or expended to transfer to another nation or an 
international organization any defense articles or services (other than 
intelligence services) for use in the activities described in 
subsection (b) unless the congressional defense committees, the 
Committee on International Relations of the House of Representatives, 
and the Committee on Foreign Relations of the Senate are notified 15 
days in advance of such transfer.
    (b) Covered Activities.--This section applies to--
            (1) any international peacekeeping or peace-enforcement 
        operation under the authority of chapter VI or chapter VII of 
        the United Nations Charter under the authority of a United 
        Nations Security Council resolution; and
            (2) any other international peacekeeping, peace-
        enforcement, or humanitarian assistance operation.
    (c) Required Notice.--A notice under subsection (a) shall include 
the following:
            (1) A description of the equipment, supplies, or services 
        to be transferred.
            (2) A statement of the value of the equipment, supplies, or 
        services to be transferred.
            (3) In the case of a proposed transfer of equipment or 
        supplies--
                    (A) a statement of whether the inventory 
                requirements of all elements of the Armed Forces 
                (including the reserve components) for the type of 
                equipment or supplies to be transferred have been met; 
                and
                    (B) a statement of whether the items proposed to be 
                transferred will have to be replaced and, if so, how 
                the President proposes to provide funds for such 
                replacement.
    Sec. 8065. (a) The total amount appropriated or otherwise made 
available in title II of this Act is hereby reduced by $92,000,000 to 
limit excessive growth in the travel and transportation of persons.
    (b) The Secretary of Defense shall allocate this reduction 
proportionately to each budget activity, activity group, subactivity 
group, and each program, project, and activity within each applicable 
appropriation account.
    Sec. 8066. None of the funds available to the Department of Defense 
under this Act shall be obligated or expended to pay a contractor under 
a contract with the Department of Defense for costs of any amount paid 
by the contractor to an employee when--
            (1) such costs are for a bonus or otherwise in excess of 
        the normal salary paid by the contractor to the employee; and
            (2) such bonus is part of restructuring costs associated 
        with a business combination.
    Sec. 8067. None of the funds provided in this Act may be obligated 
to realign or relocate forces or operational assets from bases to be 
converted to enclave status until the Secretary of Defense certifies 
that he has sought new missions for these bases as mandated by the 2005 
Defense Base Closure and Realignment Commission: Provided, That the 
Secretary of Defense shall report his findings to the congressional 
defense committees not later than October 1, 2006.

                     (including transfer of funds)

    Sec. 8068. During the current fiscal year, no more than $30,000,000 
of appropriations made in this Act under the heading ``Operation and 
Maintenance, Defense-Wide'' may be transferred to appropriations 
available for the pay of military personnel, to be merged with, and to 
be available for the same time period as the appropriations to which 
transferred, to be used in support of such personnel in connection with 
support and services for eligible organizations and activities outside 
the Department of Defense pursuant to section 2012 of title 10, United 
States Code.
    Sec. 8069. During the current fiscal year, in the case of an 
appropriation account of the Department of Defense for which the period 
of availability for obligation has expired or which has closed under 
the provisions of section 1552 of title 31, United States Code, and 
which has a negative unliquidated or unexpended balance, an obligation 
or an adjustment of an obligation may be charged to any current 
appropriation account for the same purpose as the expired or closed 
account if--
            (1) the obligation would have been properly chargeable 
        (except as to amount) to the expired or closed account before 
        the end of the period of availability or closing of that 
        account;
            (2) the obligation is not otherwise properly chargeable to 
        any current appropriation account of the Department of Defense; 
        and
            (3) in the case of an expired account, the obligation is 
        not chargeable to a current appropriation of the Department of 
        Defense under the provisions of section 1405(b)(8) of the 
        National Defense Authorization Act for Fiscal Year 1991, Public 
        Law 101-510, as amended (31 U.S.C. 1551 note): Provided, That 
        in the case of an expired account, if subsequent review or 
        investigation discloses that there was not in fact a negative 
        unliquidated or unexpended balance in the account, any charge 
        to a current account under the authority of this section shall 
        be reversed and recorded against the expired account: Provided 
        further, That the total amount charged to a current 
        appropriation under this section may not exceed an amount equal 
        to 1 percent of the total appropriation for that account.
    Sec. 8070. Notwithstanding section 12310(b) of title 10, United 
States Code, a Reserve who is a member of the National Guard serving on 
full-time National Guard duty under section 502(f) of Title 32 may 
perform duties in support of the ground-based elements of the National 
Ballistic Missile Defense System.
    Sec. 8071. (a) Notwithstanding any other provision of law, the 
Chief of the National Guard Bureau may permit the use of equipment of 
the National Guard Distance Learning Project by any person or entity on 
a space-available, reimbursable basis. The Chief of the National Guard 
Bureau shall establish the amount of reimbursement for such use on a 
case-by-case basis.
    (b) Amounts collected under subsection (a) shall be credited to 
funds available for the National Guard Distance Learning Project and be 
available to defray the costs associated with the use of equipment of 
the project under that subsection. Such funds shall be available for 
such purposes without fiscal year limitation.
    Sec. 8072. Using funds available by this Act or any other Act, the 
Secretary of the Air Force, pursuant to a determination under section 
2690 of title 10, United States Code, may implement cost-effective 
agreements for required heating facility modernization in the 
Kaiserslautern Military Community in the Federal Republic of Germany: 
Provided, That in the City of Kaiserslautern such agreements will 
include the use of United States anthracite as the base load energy for 
municipal district heat to the United States Defense installations: 
Provided further, That at Landstuhl Army Regional Medical Center and 
Ramstein Air Base, furnished heat may be obtained from private, 
regional or municipal services, if provisions are included for the 
consideration of United States coal as an energy source.
    Sec. 8073. None of the funds appropriated in title IV of this Act 
may be used to procure end-items for delivery to military forces for 
operational training, operational use or inventory requirements: 
Provided, That this restriction does not apply to end-items used in 
development, prototyping, and test activities preceding and leading to 
acceptance for operational use: Provided further, That this restriction 
does not apply to programs funded within the National Intelligence 
Program: Provided further, That the Secretary of Defense may waive this 
restriction on a case-by-case basis by certifying in writing to the 
Committees on Appropriations of the House of Representatives and the 
Senate that it is in the national security interest to do so.
    Sec. 8074. None of the funds made available in this Act may be used 
to approve or license the sale of the F-22 advanced tactical fighter to 
any foreign government.
    Sec. 8075. (a) The Secretary of Defense may, on a case-by-case 
basis, waive with respect to a foreign country each limitation on the 
procurement of defense items from foreign sources provided in law if 
the Secretary determines that the application of the limitation with 
respect to that country would invalidate cooperative programs entered 
into between the Department of Defense and the foreign country, or 
would invalidate reciprocal trade agreements for the procurement of 
defense items entered into under section 2531 of title 10, United 
States Code, and the country does not discriminate against the same or 
similar defense items produced in the United States for that country.
    (b) Subsection (a) applies with respect to--
            (1) contracts and subcontracts entered into on or after the 
        date of the enactment of this Act; and
            (2) options for the procurement of items that are exercised 
        after such date under contracts that are entered into before 
        such date if the option prices are adjusted for any reason 
        other than the application of a waiver granted under subsection 
        (a).
    (c) Subsection (a) does not apply to a limitation regarding 
construction of public vessels, ball and roller bearings, food, and 
clothing or textile materials as defined by section 11 (chapters 50-65) 
of the Harmonized Tariff Schedule and products classified under 
headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 
7229, 7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 
8109, 8211, 8215, and 9404.
    Sec. 8076. (a) Prohibition.--None of the funds made available by 
this Act may be used to support any training program involving a unit 
of the security forces of a foreign country if the Secretary of Defense 
has received credible information from the Department of State that the 
unit has committed a gross violation of human rights, unless all 
necessary corrective steps have been taken.
    (b) Monitoring.--The Secretary of Defense, in consultation with the 
Secretary of State, shall ensure that prior to a decision to conduct 
any training program referred to in subsection (a), full consideration 
is given to all credible information available to the Department of 
State relating to human rights violations by foreign security forces.
    (c) Waiver.--The Secretary of Defense, after consultation with the 
Secretary of State, may waive the prohibition in subsection (a) if he 
determines that such waiver is required by extraordinary circumstances.
    (d) Report.--Not more than 15 days after the exercise of any waiver 
under subsection (c), the Secretary of Defense shall submit a report to 
the congressional defense committees describing the extraordinary 
circumstances, the purpose and duration of the training program, the 
United States forces and the foreign security forces involved in the 
training program, and the information relating to human rights 
violations that necessitates the waiver.
    Sec. 8077. (a) The Secretary of Defense, in coordination with the 
Secretary of Health and Human Services, may carry out a program to 
distribute surplus dental and medical equipment of the Department of 
Defense, at no cost to the Department of Defense, to Indian Health 
Service facilities and to federally-qualified health centers (within 
the meaning of section 1905(l)(2)(B) of the Social Security Act (42 
U.S.C. 1396d(l)(2)(B))).
    (b) In carrying out this provision, the Secretary of Defense shall 
give the Indian Health Service a property disposal priority equal to 
the priority given to the Department of Defense and its twelve special 
screening programs in distribution of surplus dental and medical 
supplies and equipment.
    Sec. 8078. None of the funds appropriated or made available in this 
Act to the Department of the Navy shall be used to develop, lease or 
procure the T-AKE class of ships unless the main propulsion diesel 
engines and propulsors are manufactured in the United States by a 
domestically operated entity: Provided, That the Secretary of Defense 
may waive this restriction on a case-by-case basis by certifying in 
writing to the Committees on Appropriations of the House of 
Representatives and the Senate that adequate domestic supplies are not 
available to meet Department of Defense requirements on a timely basis 
and that such an acquisition must be made in order to acquire 
capability for national security purposes or there exists a significant 
cost or quality difference.
    Sec. 8079. None of the funds appropriated or otherwise made 
available by this or other Department of Defense Appropriations Acts 
may be obligated or expended for the purpose of performing repairs or 
maintenance to military family housing units of the Department of 
Defense, including areas in such military family housing units that may 
be used for the purpose of conducting official Department of Defense 
business.
    Sec. 8080. Notwithstanding any other provision of law, funds 
appropriated in this Act under the heading ``Research, Development, 
Test and Evaluation, Defense-Wide'' for any new start advanced concept 
technology demonstration project may only be obligated 30 days after a 
report, including a description of the project, the planned acquisition 
and transition strategy and its estimated annual and total cost, has 
been provided in writing to the congressional defense committees: 
Provided, That the Secretary of Defense may waive this restriction on a 
case-by-case basis by certifying to the congressional defense 
committees that it is in the national interest to do so.
    Sec. 8081. The Secretary of Defense shall provide a classified 
quarterly report, beginning 30 days after enactment of this Act, to the 
House and Senate Appropriations Committees, Subcommittees on Defense on 
certain matters as directed in the classified annex accompanying this 
Act.
    Sec. 8082. During the current fiscal year, refunds attributable to 
the use of the Government travel card, refunds attributable to the use 
of the Government Purchase Card and refunds attributable to official 
Government travel arranged by Government Contracted Travel Management 
Centers may be credited to operation and maintenance, and research, 
development, test and evaluation accounts of the Department of Defense 
which are current when the refunds are received.
    Sec. 8083. (a) Registering Financial Management Information 
Technology Systems With DOD Chief Information Officer.--None of the 
funds appropriated in this Act may be used for a mission critical or 
mission essential financial management information technology system 
(including a system funded by the defense working capital fund) that is 
not registered with the Chief Information Officer of the Department of 
Defense. A system shall be considered to be registered with that 
officer upon the furnishing to that officer of notice of the system, 
together with such information concerning the system as the Secretary 
of Defense may prescribe. A financial management information technology 
system shall be considered a mission critical or mission essential 
information technology system as defined by the Under Secretary of 
Defense (Comptroller).
    (b) Certifications as to Compliance With Financial Management 
Modernization Plan.--
            (1) During the current fiscal year, a financial management 
        automated information system, a mixed information system 
        supporting financial and non-financial systems, or a system 
        improvement of more than $1,000,000 may not receive Milestone A 
        approval, Milestone B approval, or full rate production, or 
        their equivalent, within the Department of Defense until the 
        Under Secretary of Defense (Comptroller) certifies, with 
        respect to that milestone, that the system is being developed 
        and managed in accordance with the Department's Financial 
        Management Modernization Plan. The Under Secretary of Defense 
        (Comptroller) may require additional certifications, as 
        appropriate, with respect to any such system.
            (2) The Chief Information Officer shall provide the 
        congressional defense committees timely notification of 
        certifications under paragraph (1).
    (c) Certifications as to Compliance With Clinger-Cohen Act.--
            (1) During the current fiscal year, a major automated 
        information system may not receive Milestone A approval, 
        Milestone B approval, or full rate production approval, or 
        their equivalent, within the Department of Defense until the 
        Chief Information Officer certifies, with respect to that 
        milestone, that the system is being developed in accordance 
        with the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.). 
        The Chief Information Officer may require additional 
        certifications, as appropriate, with respect to any such 
        system.
            (2) The Chief Information Officer shall provide the 
        congressional defense committees timely notification of 
        certifications under paragraph (1). Each such notification 
        shall include, at a minimum, the funding baseline and milestone 
        schedule for each system covered by such a certification and 
        confirmation that the following steps have been taken with 
        respect to the system:
                    (A) Business process reengineering.
                    (B) An analysis of alternatives.
                    (C) An economic analysis that includes a 
                calculation of the return on investment.
                    (D) Performance measures.
                    (E) An information assurance strategy consistent 
                with the Department's Global Information Grid.
    (d) Definitions.--For purposes of this section:
            (1) The term ``Chief Information Officer'' means the senior 
        official of the Department of Defense designated by the 
        Secretary of Defense pursuant to section 3506 of title 44, 
        United States Code.
            (2) The term ``information technology system'' has the 
        meaning given the term ``information technology'' in section 
        5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401).
    Sec. 8084. During the current fiscal year, none of the funds 
available to the Department of Defense may be used to provide support 
to another department or agency of the United States if such department 
or agency is more than 90 days in arrears in making payment to the 
Department of Defense for goods or services previously provided to such 
department or agency on a reimbursable basis: Provided, That this 
restriction shall not apply if the department is authorized by law to 
provide support to such department or agency on a nonreimbursable 
basis, and is providing the requested support pursuant to such 
authority: Provided further, That the Secretary of Defense may waive 
this restriction on a case-by-case basis by certifying in writing to 
the Committees on Appropriations of the House of Representatives and 
the Senate that it is in the national security interest to do so.
    Sec. 8085. None of the funds provided in this Act may be used to 
transfer to any nongovernmental entity ammunition held by the 
Department of Defense that has a center-fire cartridge and a United 
States military nomenclature designation of ``armor penetrator'', 
``armor piercing (AP)'', ``armor piercing incendiary (API)'', or 
``armor-piercing incendiary-tracer (API-T)'', except to an entity 
performing demilitarization services for the Department of Defense 
under a contract that requires the entity to demonstrate to the 
satisfaction of the Department of Defense that armor piercing 
projectiles are either: (1) rendered incapable of reuse by the 
demilitarization process; or (2) used to manufacture ammunition 
pursuant to a contract with the Department of Defense or the 
manufacture of ammunition for export pursuant to a License for 
Permanent Export of Unclassified Military Articles issued by the 
Department of State.
    Sec. 8086. Notwithstanding any other provision of law, the Chief of 
the National Guard Bureau, or his designee, may waive payment of all or 
part of the consideration that otherwise would be required under 
section 2667 of title 10, United States Code, in the case of a lease of 
personal property for a period not in excess of 1 year to any 
organization specified in 32 U.S.C. 508(d), or any other youth, social, 
or fraternal non-profit organization as may be approved by the Chief of 
the National Guard Bureau, or his designee, on a case-by-case basis.
    Sec. 8087. None of the funds appropriated by this Act shall be used 
for the support of any nonappropriated funds activity of the Department 
of Defense that procures malt beverages and wine with nonappropriated 
funds for resale (including such alcoholic beverages sold by the drink) 
on a military installation located in the United States unless such 
malt beverages and wine are procured within that State, or in the case 
of the District of Columbia, within the District of Columbia, in which 
the military installation is located: Provided, That in a case in which 
the military installation is located in more than one State, purchases 
may be made in any State in which the installation is located: Provided 
further, That such local procurement requirements for malt beverages 
and wine shall apply to all alcoholic beverages only for military 
installations in States which are not contiguous with another State: 
Provided further, That alcoholic beverages other than wine and malt 
beverages, in contiguous States and the District of Columbia shall be 
procured from the most competitive source, price and other factors 
considered.
    Sec. 8088. Up to $2,500,000 of the funds appropriated under the 
heading ``Operation and Maintenance, Navy'' in this Act for the Pacific 
Missile Range Facility may be made available to contract for the 
repair, maintenance, and operation of adjacent off-base water, 
drainage, and flood control systems, electrical upgrade to support 
additional missions critical to base operations, and support for a 
range footprint expansion to further guard against encroachment.
    Sec. 8089. Funds available to the Department of Defense for the 
Global Positioning System during the current fiscal year may be used to 
fund civil requirements associated with the satellite and ground 
control segments of such system's modernization program.

                     (including transfer of funds)

    Sec. 8090. Of the amounts appropriated in this Act under the 
heading, ``Operation and Maintenance, Army'', $147,900,000 shall remain 
available until expended: Provided, That notwithstanding any other 
provision of law, the Secretary of Defense is authorized to transfer 
such funds to other activities of the Federal Government: Provided 
further, That the Secretary of Defense is authorized to enter into and 
carry out contracts for the acquisition of real property, construction, 
personal services, and operations related to projects described in 
further detail in the Classified Annex accompanying the Department of 
Defense Appropriations Act, 2006, consistent with the terms and 
conditions set forth therein: Provided further, That contracts entered 
into under the authority of this section may provide for such 
indemnification as the Secretary determines to be necessary: Provided 
further, That projects authorized by this section shall comply with 
applicable Federal, State, and local law to the maximum extent 
consistent with the national security, as determined by the Secretary 
of Defense.
    Sec. 8091. Section 8106 of the Department of Defense Appropriations 
Act, 1997 (titles I through VIII of the matter under subsection 101(b) 
of Public Law 104-208; 110 Stat. 3009-111; 10 U.S.C. 113 note) shall 
continue in effect to apply to disbursements that are made by the 
Department of Defense in fiscal year 2006.
    Sec. 8092. Amounts appropriated in title II of this Act are hereby 
reduced by $265,890,000 to reflect savings attributable to efficiencies 
and management improvements in the funding of miscellaneous or other 
contracts in the military departments, as follows:
            (1) From ``Operation and Maintenance, Army'', $36,890,000.
            (2) From ``Operation and Maintenance, Navy'', $79,000,000.
            (3) From ``Operation and Maintenance, Air Force'', 
        $150,000,000.
    Sec. 8093. The total amount appropriated or otherwise made 
available in this Act is hereby reduced by $100,000,000 to limit 
excessive growth in the procurement of advisory and assistance 
services, to be distributed as follows:
            ``Operation and Maintenance, Army'', $37,000,000;
            ``Operation and Maintenance, Air Force'', $6,000,000;
            ``Operation and Maintenance, Defense-Wide'', $45,000,000; 
        and
            ``Operation and Maintenance, Army Reserve'', $12,000,000.

                     (including transfer of funds)

    Sec. 8094. Of the amounts appropriated in this Act under the 
heading ``Research, Development, Test and Evaluation, Defense-Wide'', 
$143,600,000 shall be made available for the Arrow missile defense 
program: Provided, That of this amount, $70,000,000 shall be available 
for the purpose of producing Arrow missile components in the United 
States and Arrow missile components and missiles in Israel to meet 
Israel's defense requirements, consistent with each nation's laws, 
regulations and procedures, and $10,000,000 shall be available for the 
purpose of the initiation of a joint feasibility study and risk 
reduction activities designated the Short Range Ballistic Missile 
Defense (SRBMD) initiative: Provided further, That funds made available 
under this provision for production of missiles and missile components 
may be transferred to appropriations available for the procurement of 
weapons and equipment, to be merged with and to be available for the 
same time period and the same purposes as the appropriation to which 
transferred: Provided further, That the transfer authority provided 
under this provision is in addition to any other transfer authority 
contained in this Act.

                     (including transfer of funds)

    Sec. 8095. Of the amounts appropriated in this Act under the 
heading ``Shipbuilding and Conversion, Navy'', $517,523,000 shall be 
available until September 30, 2006, to fund prior year shipbuilding 
cost increases: Provided, That upon enactment of this Act, the 
Secretary of the Navy shall transfer such funds to the following 
appropriations in the amounts specified: Provided further, That the 
amounts transferred shall be merged with and be available for the same 
purposes as the appropriations to which transferred:
            To:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1998/2006'':
                            New SSN, $28,000,000.
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1999/2006'':
                            LPD-17 Amphibious Transport Dock Ship 
                        Program, $95,000,000;
                            New SSN, $72,000,000.
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 2000/2006'':
                            LPD-17 Amphibious Transport Dock Ship 
                        Program, $94,800,000.
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 2001/2006'':
                            Carrier Replacement Program, $145,023,000;
                            New SSN, $82,700,000.
    Sec. 8096. The Secretary of the Navy may settle, or compromise, and 
pay any and all admiralty claims under section 7622 of title 10, United 
States Code arising out of the collision involving the U.S.S. 
GREENEVILLE and the EHIME MARU, in any amount and without regard to the 
monetary limitations in subsections (a) and (b) of that section: 
Provided, That such payments shall be made from funds available to the 
Department of the Navy for operation and maintenance.
    Sec. 8097. None of the funds available to the Department of Defense 
may be obligated to modify command and control relationships to give 
Fleet Forces Command administrative and operational control of U.S. 
Navy forces assigned to the Pacific fleet: Provided, That the command 
and control relationships which existed on October 1, 2004, shall 
remain in force unless changes are specifically authorized in a 
subsequent Act.
    Sec. 8098. Notwithstanding any other provision of law or 
regulation, the Secretary of Defense may exercise the provisions of 
section 7403(g) of title 38, United States Code for occupations listed 
in section 7403(a)(2) of title 38, United States Code as well as the 
following:
            Pharmacists, Audiologists, and Dental Hygienists.
                    (A) The requirements of section 7403(g)(1)(A) of 
                title 38, United States Code shall apply.
                    (B) The limitations of section 7403(g)(1)(B) of 
                title 38, United States Code shall not apply.
    Sec. 8099. Funds appropriated by this Act, or made available by the 
transfer of funds in this Act, for intelligence activities are deemed 
to be specifically authorized by the Congress for purposes of section 
504 of the National Security Act of 1947 (50 U.S.C. 414) during fiscal 
year 2006 until the enactment of the Intelligence Authorization Act for 
fiscal year 2006.
    Sec. 8100. In addition to funds made available elsewhere in this 
Act, $5,500,000 is hereby appropriated and shall remain available until 
expended to provide assistance, by grant or otherwise (such as, but not 
limited to, the provision of funds for repairs, maintenance, 
construction, and/or for the purchase of information technology, text 
books, teaching resources), to public schools that have unusually high 
concentrations of special needs military dependents enrolled: Provided, 
That in selecting school systems to receive such assistance, special 
consideration shall be given to school systems in States that are 
considered overseas assignments, and all schools within these school 
systems shall be eligible for assistance: Provided further, That up to 
2 percent of the total appropriated funds under this section shall be 
available to support the administration and execution of the funds or 
program and/or events that promote the purpose of this appropriation 
(e.g. payment of travel and per diem of school teachers attending 
conferences or a meeting that promotes the purpose of this 
appropriation and/or consultant fees for on-site training of teachers, 
staff, or Joint Venture Education Forum (JVEF) Committee members): 
Provided further, That up to $2,000,000 shall be available for the 
Department of Defense to establish a non-profit trust fund to assist in 
the public-private funding of public school repair and maintenance 
projects, or provide directly to non-profit organizations who in return 
will use these monies to provide assistance in the form of repair, 
maintenance, or renovation to public school systems that have high 
concentrations of special needs military dependents and are located in 
States that are considered overseas assignments: Provided further, That 
to the extent a Federal agency provides this assistance, by contract, 
grant, or otherwise, it may accept and expend non-Federal funds in 
combination with these Federal funds to provide assistance for the 
authorized purpose, if the non-Federal entity requests such assistance 
and the non-Federal funds are provided on a reimbursable basis.
    Sec. 8101. None of the funds in this Act may be used to initiate a 
new start program without prior written notification to the Office of 
Secretary of Defense and the congressional defense committees.
    Sec. 8102. The amounts appropriated in title II of this Act are 
hereby reduced by $350,000,000 to reflect cash balance and rate 
stabilization adjustments in Department of Defense Working Capital 
Funds, as follows:
            (1) From ``Operation and Maintenance, Army'', $100,000,000.
            (2) From ``Operation and Maintenance, Navy'', $150,000,000.
            (3) From ``Operation and Maintenance, Air Force'', 
        $100,000,000.
    Sec. 8103. Financing and Fielding of Key Army Capabilities.--The 
Department of Defense and the Department of the Army shall make future 
budgetary and programming plans to fully finance the Non-Line of Sight 
Future Force cannon and resupply vehicle program (NLOS-C) in order to 
field this system in fiscal year 2010, consistent with the broader plan 
to field the Future Combat System (FCS) in fiscal year 2010: Provided, 
That if the Army is precluded from fielding the FCS program by fiscal 
year 2010, then the Army shall develop the NLOS-C independent of the 
broader FCS development timeline to achieve fielding by fiscal year 
2010. In addition the Army will deliver eight (8) combat operational 
pre-production NLOS-C systems by the end of calendar year 2008. These 
systems shall be in addition to those systems necessary for 
developmental and operational testing: Provided further, That the Army 
shall ensure that budgetary and programmatic plans will provide for no 
fewer than seven (7) Stryker Brigade Combat Teams.
    Sec. 8104. Of the funds made available in this Act, not less than 
$76,100,000 shall be available to maintain an attrition reserve force 
of 18 B-52 aircraft, of which $3,900,000 shall be available from 
``Military Personnel, Air Force'', $44,300,000 shall be available from 
``Operation and Maintenance, Air Force'', and $27,900,000 shall be 
available from ``Aircraft Procurement, Air Force'': Provided, That the 
Secretary of the Air Force shall maintain a total force of 94 B-52 
aircraft, including 18 attrition reserve aircraft, during fiscal year 
2006: Provided further, That the Secretary of Defense shall include in 
the Air Force budget request for fiscal year 2007 amounts sufficient to 
maintain a B-52 force totaling 94 aircraft.
    Sec. 8105. The Secretary of the Air Force is authorized, using 
funds available under the heading ``Operation and Maintenance, Air 
Force'', to complete a phased repair project, which repairs may include 
upgrades and additions, to the infrastructure of the operational ranges 
managed by the Air Force in Alaska: Provided, That the total cost of 
such phased projects shall not exceed $32,000,000.
    Sec. 8106. In addition to the amounts appropriated or otherwise 
made available elsewhere in this Act, $12,850,000 is hereby 
appropriated to the Department of Defense, to remain available until 
September 30, 2006: Provided, That the Secretary of Defense shall make 
grants in the amounts specified as follows: $850,000 to the Fort Des 
Moines Memorial Park and Education Center; $2,000,000 to the American 
Civil War Center at Historic Tredegar; $3,000,000 to the Museum of 
Flight, American Heroes Collection; $1,000,000 to the National Guard 
Youth Foundation; $3,000,000 to the United Services Organization; 
$2,000,000 to the Dwight D. Eisenhower Memorial Commission; and 
$1,000,000 to the Iraq Cultural Heritage Assistance Project.

                          (transfer of funds)

    Sec. 8107. The Secretary of Defense may transfer funds from any 
currently available Department of the Navy appropriation to any 
available Navy shipbuilding and conversion appropriation for the 
purpose of funding shipbuilding cost increases for any ship 
construction program, to be merged with and to be available for the 
same purposes and for the same time period as the appropriation to 
which transferred: Provided, That all transfers under this section 
shall be subject to the notification requirements applicable to 
transfers under section 8005 of this Act.
    Sec. 8108. The budget of the President for fiscal year 2007 
submitted to the Congress pursuant to section 1105 of title 31, United 
States Code shall include separate budget justification documents for 
costs of United States Armed Forces' participation in contingency 
operations for the Military Personnel accounts, the Operation and 
Maintenance accounts, and the Procurement accounts: Provided, That 
these documents shall include a description of the funding requested 
for each contingency operation, for each military service, to include 
all Active and Reserve components, and for each appropriations account: 
Provided further, That these documents shall include estimated costs 
for each element of expense or object class, a reconciliation of 
increases and decreases for each contingency operation, and 
programmatic data including, but not limited to, troop strength for 
each Active and Reserve component, and estimates of the major weapons 
systems deployed in support of each contingency: Provided further, That 
these documents shall include budget exhibits OP-5 and OP-32 (as 
defined in the Department of Defense Financial Management Regulation) 
for all contingency operations for the budget year and the two 
preceding fiscal years.
    Sec. 8109. Of the amounts provided in title II of this Act under 
the heading, ``Operation and Maintenance, Defense-Wide'', $20,000,000 
is available for the Regional Defense Counter-terrorism Fellowship 
Program, to fund the education and training of foreign military 
officers, ministry of defense civilians, and other foreign security 
officials, to include United States military officers and civilian 
officials whose participation directly contributes to the education and 
training of these foreign students.
    Sec. 8110. None of the funds appropriated or made available in this 
Act shall be used to reduce or disestablish the operation of the 53rd 
Weather Reconnaissance Squadron of the Air Force Reserve, if such 
action would reduce the WC-130 Weather Reconnaissance mission below the 
levels funded in this Act: Provided, That the Air Force shall allow the 
53rd Weather Reconnaissance Squadron to perform other missions in 
support of national defense requirements during the non-hurricane 
season.
    Sec. 8111. None of the funds provided in this Act shall be 
available for integration of foreign intelligence information unless 
the information has been lawfully collected and processed during the 
conduct of authorized foreign intelligence activities: Provided, That 
information pertaining to United States persons shall only be handled 
in accordance with protections provided in the Fourth Amendment of the 
United States Constitution as implemented through Executive Order No. 
12333.
    Sec. 8112. For purposes of section 612 of title 41, United States 
Code, any subdivision of appropriations made under the heading 
``Shipbuilding and Conversion, Navy'' that is not closed at the time 
reimbursement is made shall be available to reimburse the Judgment Fund 
and shall be considered for the same purposes as any subdivision under 
the heading ``Shipbuilding and Conversion, Navy'' appropriations in the 
current fiscal year or any prior fiscal year.

                          (transfer of funds)

    Sec. 8113. Upon enactment of this Act, the Secretary of Defense 
shall make the following transfer of funds: Provided, That funds so 
transferred shall be merged with and shall be available for the same 
purpose and for the same time period as the appropriation to which 
transferred: Provided further, That the amounts shall be transferred 
between the following appropriations in the amounts specified:
            From:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 2003/2007'':
                            For outfitting, post delivery, conversions, 
                        and first destination transportation, 
                        $3,300,000;
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 2004/2008'':
                            For outfitting, post delivery, conversions, 
                        and first destination transportation, 
                        $6,100,000;
            To:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 2003/2007'':
                            SSGN, $3,300,000.
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 2004/2008'':
                            SSGN, $6,100,000.
    Sec. 8114. None of the funds in this Act may be obligated for a 
classified program as described on page 18 of the compartmented annex 
to Volume IV of the Fiscal Year 2006 National Intelligence Program 
justification book unless specifically authorized in the Intelligence 
Authorization Act for Fiscal Year 2006.
    Sec. 8115. (a) The Director of the Office of Management and Budget 
shall, in coordination with the Secretary of Defense and the Secretary 
of Homeland Security, conduct a study on improving the response of the 
Federal Government to disasters.
    (b) The study under subsection (a) shall--
            (1) consider mechanisms for coordinating and expediting 
        disaster response efforts;
            (2) examine the role of the Department of Defense in 
        participating in disaster response efforts, including by 
        providing planning, logistics, and relief and reconstruction 
        assistance;
            (3) consider the establishment of criteria for 
        automatically triggering the participation of the Department of 
        Defense in disaster response efforts; and
            (4) assess the role of the United States Geological Survey 
        in enhancing disaster preparation measures.
    (c) Not later than May 1, 2006, the Director of the Office of 
Management and Budget shall submit to Congress a report on the study 
conducted under subsection (a), including--
            (1) recommendations for improving the response of the 
        Federal Government to disasters, including by providing for 
        greater participation by the Department of Defense in response 
        efforts; and
            (2) proposals for any legislation or regulations that the 
        Director determines necessary to implement such 
        recommendations.
    Sec. 8116. (a) From the money in the Treasury not otherwise 
obligated or appropriated, there are appropriated to the Centers for 
Disease Control and Prevention $3,913,000,000 for activities relating 
to the avian flu epidemic during the fiscal year ending September 30, 
2006, which shall be available until expended.
    (b) Of the amount appropriated under subsection (a)--
            (1) $3,080,000,000 shall be for the stockpiling of 
        antivirals and necessary medical supplies;
            (2) $33,000,000 shall be for global surveillance relating 
        to avian flu;
            (3) $125,000,000 shall be to increase the national 
        investment in domestic vaccine infrastructure including 
        development and research;
            (4) $600,000,000 shall be for additional grants to state 
        and local public health agencies for emergency preparedness, to 
        increase funding for emergency preparedness centers, and to 
        expand hospital surge capacity;
            (5) $75,000,000 shall be for risk communication and 
        outreach to providers, businesses, and to the American public;
    (c) The amount appropriated under subsection (a)--
            (1) is designated as an emergency requirement pursuant to 
        section 402 of H. Con. Res. 95 (109th Congress); and
            (2) shall remain available until expended.
    (d) This section shall take effect on the date of enactment of this 
Act.
    Sec. 8117. Nonreduction in pay while Federal employee is performing 
active service in the uniformed services or National Guard. (a) Short 
Title.--This section may be cited as the ``Reservists Pay Security Act 
of 2005''.
    (b) In General.--Subchapter IV of chapter 55 of title 5, United 
States Code, is amended by adding at the end the following:
``Sec. 5538. Nonreduction in pay while serving in the uniformed 
              services or National Guard
    ``(a) An employee who is absent from a position of employment with 
the Federal Government in order to perform active duty in the uniformed 
services pursuant to a call or order to active duty under a provision 
of law referred to in section 101(a)(13)(B) of title 10 shall be 
entitled, while serving on active duty, to receive, for each pay period 
described in subsection (b), an amount equal to the amount by which--
            ``(1) the amount of basic pay which would otherwise have 
        been payable to such employee for such pay period if such 
        employee's civilian employment with the Government had not been 
        interrupted by that service, exceeds (if at all)
            ``(2) the amount of pay and allowances which (as determined 
        under subsection (d))--
                    ``(A) is payable to such employee for that service; 
                and
                    ``(B) is allocable to such pay period.
    ``(b)(1) Amounts under this section shall be payable with respect 
to each pay period (which would otherwise apply if the employee's 
civilian employment had not been interrupted)--
            ``(A) during which such employee is entitled to 
        reemployment rights under chapter 43 of title 38 with respect 
        to the position from which such employee is absent (as referred 
        to in subsection (a)); and
            ``(B) for which such employee does not otherwise receive 
        basic pay (including by taking any annual, military, or other 
        paid leave) to which such employee is entitled by virtue of 
        such employee's civilian employment with the Government.
    ``(2) For purposes of this section, the period during which an 
employee is entitled to reemployment rights under chapter 43 of title 
38--
            ``(A) shall be determined disregarding the provisions of 
        section 4312(d) of title 38; and
            ``(B) shall include any period of time specified in section 
        4312(e) of title 38 within which an employee may report or 
        apply for employment or reemployment following completion of 
        service on active duty to which called or ordered as described 
        in subsection (a).
    ``(c) Any amount payable under this section to an employee shall be 
paid--
            ``(1) by such employee's employing agency;
            ``(2) from the appropriation or fund which would be used to 
        pay the employee if such employee were in a pay status; and
            ``(3) to the extent practicable, at the same time and in 
        the same manner as would basic pay if such employee's civilian 
        employment had not been interrupted.
    ``(d) The Office of Personnel Management shall, in consultation 
with Secretary of Defense, prescribe any regulations necessary to carry 
out the preceding provisions of this section.
    ``(e)(1) The head of each agency referred to in section 
2302(a)(2)(C)(ii) shall, in consultation with the Office, prescribe 
procedures to ensure that the rights under this section apply to the 
employees of such agency.
    ``(2) The Administrator of the Federal Aviation Administration 
shall, in consultation with the Office, prescribe procedures to ensure 
that the rights under this section apply to the employees of that 
agency.
    ``(f) For purposes of this section--
            ``(1) the terms `employee', `Federal Government', and 
        `uniformed services' have the same respective meanings as given 
        them in section 4303 of title 38;
            ``(2) the term `employing agency', as used with respect to 
        an employee entitled to any payments under this section, means 
        the agency or other entity of the Government (including an 
        agency referred to in section 2302(a)(2)(C)(ii)) with respect 
        to which such employee has reemployment rights under chapter 43 
        of title 38; and
            ``(3) the term `basic pay' includes any amount payable 
        under section 5304.''.
    (c) Clerical Amendment.--The table of sections for chapter 55 of 
title 5, United States Code, is amended by inserting after the item 
relating to section 5537 the following:

``5538. Nonreduction in pay while serving in the uniformed services or 
                            National Guard.''.
    (d) Effective Date.--The amendments made by this section shall 
apply with respect to pay periods (as described in section 5538(b) of 
title 5, United States Code, as amended by this section) beginning on 
or after the date of enactment of this Act.
    Sec. 8118. Notwithstanding Section 101 of H.J. Res. 68, the 
Community Services Block Grant program shall be funded at the same rate 
of operation as in Division F of Public Law 108-447, through November 
18, 2005.
    Sec. 8119. Applications for Impact Aid Payment.--Notwithstanding 
paragraphs (2) and (3) of section 8005(d) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7705(d)(2) and (3)), the 
Secretary of Education shall treat as timely filed, and shall process 
for payment, an application under section 8002 or section 8003 of such 
Act (20 U.S.C. 7702, 7703) for fiscal year 2005 from a local 
educational agency--
            (1) that, for each of the fiscal years 2000 through 2004, 
        submitted an application by the date specified by the Secretary 
        of Education under section 8005(c) of such Act for the fiscal 
        year;
            (2) for which a reduction of more than $1,000,000 was made 
        under section 8005(d)(2) of such Act by the Secretary of 
        Education as a result of the agency's failure to file a timely 
        application under section 8002 or 8003 of such Act for fiscal 
        year 2005; and
            (3) that submits an application for fiscal year 2005 during 
        the period beginning on February 2, 2004, and ending on the 
        date of enactment of this Act.
    Sec. 8120. Of the amount appropriated by title III under the 
heading ``Other Procurement, Navy'', up to $3,000,000 may be made 
available for the Joint Aviation Technical Data Integration Program.
    Sec. 8121. (a) Renaming of Death Gratuity Payable for Deaths of 
Members of the Armed Forces.--Subchapter II of chapter 75 of title 10, 
United States Code, is amended as follows:
            (1) In section 1475(a), by striking ``have a death gratuity 
        paid'' and inserting ``have fallen hero compensation paid''.
            (2) In section 1476(a)--
                    (A) in paragraph (1), by striking ``a death 
                gratuity'' and inserting ``fallen hero compensation''; 
                and
                    (B) in paragraph (2), by striking ``A death 
                gratuity'' and inserting ``Fallen hero compensation''.
            (3) In section 1477(a), by striking ``A death gratuity'' 
        and inserting ``Fallen hero compensation''.
            (4) In section 1478(a), by striking ``The death gratuity'' 
        and inserting ``The amount of fallen hero compensation''.
            (5) In section 1479(1), by striking ``the death gratuity'' 
        and inserting ``fallen hero compensation''.
            (6) In section 1489--
                    (A) in subsection (a), by striking ``a gratuity'' 
                in the matter preceding paragraph (1) and inserting 
                ``fallen hero compensation''; and
                    (B) in subsection (b)(2), by inserting ``or other 
                assistance'' after ``lesser death gratuity''.
    (b) Clerical Amendments.--
            (1) Such subchapter is further amended by striking ``Death 
        gratuity:'' each place it appears in the heading of sections 
        1475 through 1480 and 1489 and inserting ``Fallen hero 
        compensation:''.
            (2) The table of sections at the beginning of such 
        subchapter is amended by striking ``Death gratuity:'' in the 
        items relating to sections 1474 through 1480 and 1489 and 
        inserting ``Fallen hero compensation:''.
    (c) General References.--Any reference to a death gratuity payable 
under subchapter II of chapter 75 of title 10, United States Code, in 
any law, regulation, document, paper, or other record of the United 
States shall be deemed to be a reference to fallen hero compensation 
payable under such subchapter, as amended by this section.
    Sec. 8122. Of the amount appropriated by title IV under the heading 
``Research, Development, Test, and Evaluation, Air Force'', up to 
$3,000,000 may be used for research and development on the reliability 
of field programmable gate arrays for space applications.
    Sec. 8123. Of the amount appropriated by title IV under the heading 
``Research, Development, Test, and Evaluation, Army'', up to $1,000,000 
may be used for Chemical Biological Defense Material Test and 
Evaluation Initiative.
    Sec. 8124. Of the amount appropriated by title IV under the heading 
``Research, Development, Test and Evaluation, Army'', up to $1,000,000 
may be made available for an environmental management and compliance 
information system.
    Sec. 8125. Of the amount appropriated by title IV under the heading 
``Research, Development, Test and Evaluation, Army'', up to $2,000,000 
may be made available for medical advanced technology for applied 
emergency hypothermia for advanced combat casualty life support.
    Sec. 8126. (a) Findings.--The Senate makes the following findings:
            (1) The Department of Defense Appropriations Act, 2004 
        (Public Law 108-87), the Department of Defense Appropriations 
        Act, 2005 (Public Law 108-287), and the Emergency Supplemental 
        Appropriations Act for Defense, the Global War on Terror, and 
        Tsunami Relief, 2005 (Public Law 109-13) each contain a sense 
        of the Senate provision urging the President to provide in the 
        annual budget requests of the President for a fiscal year under 
        section 1105(a) of title 31, United States Code, an estimate of 
        the cost of ongoing military operations in Iraq and Afghanistan 
        in such fiscal year.
            (2) The budget for fiscal year 2006 submitted to Congress 
        by the President on February 7, 2005, requests no funds for 
        fiscal year 2006 for ongoing military operations in Iraq or 
        Afghanistan.
            (3) According to the Congressional Research Service, there 
        exists historical precedent for including the cost of ongoing 
        military operations in the annual budget requests of the 
        President following initial funding for such operations by 
        emergency or supplemental appropriations Acts, including--
                    (A) funds for Operation Noble Eagle, beginning in 
                the budget request of President George W. Bush for 
                fiscal year 2005;
                    (B) funds for operations in Kosovo, beginning in 
                the budget request of President George W. Bush for 
                fiscal year 2001;
                    (C) funds for operations in Bosnia, beginning in 
                budget request of President Clinton for fiscal year 
                1997;
                    (D) funds for operations in Southwest Asia, 
                beginning in the budget request of President Clinton 
                for fiscal year 1997;
                    (E) funds for operations in Vietnam, beginning in 
                the budget request of President Johnson for fiscal year 
                1966; and
                    (F) funds for World War II, beginning in the budget 
                request of President Roosevelt for fiscal year 1943.
            (4) In section 1024(b) of Emergency Supplemental 
        Appropriations Act for Defense, the Global War on Terror, and 
        Tsunami Relief, 2005 (119 Stat. 252), the Senate requested that 
        the President submit to Congress, not later than September 1, 
        2005, an amendment to the budget of the President for fiscal 
        year 2006 setting forth detailed cost estimates for ongoing 
        military operations overseas during such fiscal year.
            (5) The President has yet to submit such an amendment.
            (6) The Department of Defense Appropriations Act, 2006, as 
        reported to the Senate by the Committee on Appropriations of 
        the Senate on September 28, 2005, contains a bridge fund of 
        $50,000,000,000 for overseas contingency operations, but the 
        determination of that amount could not take into account any 
        Administration estimate on the projected cost of such 
        operations in fiscal year 2006.
            (7) In February 2005, the Congressional Budget Office 
        estimated that fiscal year 2006 cost of ongoing military 
        operations in Iraq and Afghanistan could total $85,000,000,000.
    (b) Sense of Senate.--It is the sense of the Senate that--
            (1) any request for funds for a fiscal year after fiscal 
        year 2006 for an ongoing military operation overseas, including 
        operations in Afghanistan and Iraq, should be included in the 
        annual budget of the President for such fiscal year as 
        submitted to Congress under section 1105(a) of title 31, United 
        States Code;
            (2) the amendment to the budget of the President for fiscal 
        year 2006, requested by the Senate to be submitted to Congress 
        not later than September 1, 2005, by section 1024(b) of 
        Emergency Supplemental Appropriations Act for Defense, the 
        Global War on Terror, and Tsunami Relief, 2005, is necessary to 
        describe the anticipated use of the $50,000,000,000 bridge fund 
        appropriated in this Act and set forth all additional 
        appropriations that will be required for the fiscal year; and
            (3) any funds provided for a fiscal year for ongoing 
        military operations overseas should be provided in 
        appropriations Acts for such fiscal year through appropriations 
        to specific accounts set forth in such appropriations Acts.
    Sec. 8127. (a) Reimbursement for Certain Protective, Safety, or 
Health Equipment Purchased by or for Members of the Armed Forces for 
Deployment in Operations in Iraq and Central Asia.--
            (1) In general.--Subject to subsections (d) and (e), the 
        Secretary of Defense shall reimburse a member of the Armed 
        Forces, or a person or entity referred to in paragraph (2), for 
        the cost (including shipping cost) of any protective, safety, 
        or health equipment that was purchased by such member, or such 
        person or entity on behalf of such member, before or during the 
        deployment of such member in Operation Noble Eagle, Operation 
        Enduring Freedom, or Operation Iraqi Freedom for the use of 
        such member in connection with such operation if the unit 
        commander of such member certifies that such equipment was 
        critical to the protection, safety, or health of such member.
            (2) Covered persons and entities.--A person or entity 
        referred to in this paragraph is a family member or relative of 
        a member of the Armed Forces, a non-profit organization, or a 
        community group.
            (3) Regulations not required for reimbursement.--
        Reimbursements may be made under this subsection in advance of 
        the promulgation by the Secretary of Defense of regulations, if 
        any, relating to the administration of this section.
    (b) Protective Equipment Reimbursement Fund.--
            (1) Establishment.--There is hereby established an account 
        to be known as the ``Protective Equipment Reimbursement Fund'' 
        (in this subsection referred to as the ``Fund'').
            (2) Elements.--The Fund shall consist of amounts deposited 
        in the Fund from amounts available for the Fund under 
        subsection (f).
            (3) Availability.--Amounts in the Fund shall be available 
        directly to the unit commanders of members of the Armed Forces 
        for the making of reimbursements for protective, safety, and 
        health equipment under subsection (a).
            (4) Documentation.--Each person seeking reimbursement under 
        subsection (a) for protective, safety, or health equipment 
        purchased by or on behalf of a member of the Armed Forces shall 
        submit to the unit commander of such member such documentation 
        as is necessary to establish each of the following:
                    (A) The nature of such equipment, including whether 
                or not such equipment qualifies as protective, safety, 
                or health equipment under subsection (c).
                    (B) The cost of such equipment.
    (c) Covered Protective, Safety, and Health Equipment.--Protective, 
safety, and health equipment for which reimbursement shall be made 
under subsection (a) shall include personal body armor, collective 
armor or protective equipment (including armor or protective equipment 
for high mobility multi-purpose wheeled vehicles), and items provided 
through the Rapid Fielding Initiative of the Army, or equivalent 
programs of the other Armed Forces, such as the advanced (on-the-move) 
hydration system, the advanced combat helmet, the close combat optics 
system, a Global Positioning System (GPS) receiver, a gun scope and a 
soldier intercommunication device.
    (d) Limitation Regarding Amount of Reimbursement.--The amount of 
reimbursement provided under subsection (a) per item of protective, 
safety, and health equipment purchased by or on behalf of any given 
member of the Armed Forces may not exceed the lesser of--
            (1) the cost of such equipment (including shipping cost); 
        or
            (2) $1,100.
    (e) Ownership of Equipment.--The Secretary shall identify the 
circumstances, if any, under which the United States shall assume title 
or ownership of protective, safety, or health equipment for which 
reimbursement is provided under subsection (a).
    (f) Funding.--
            (1) In general.--Except as provided in paragraph (2), 
        amounts for reimbursements under subsection (a) shall be 
        derived from any amounts authorized to be appropriated by this 
        Act.
            (2) Exception.--Amounts authorized to be appropriated by 
        this Act and available for the procurement of equipment for 
        members of the Armed Forces deployed, or to be deployed, to 
        Iraq or Afghanistan may not be utilized for reimbursements 
        under subsection (a).
    (g) Repeal of Superseded Authority.--Section 351 of the Ronald W. 
Reagan National Defense Authorization Act for Fiscal Year 2005 (Public 
Law 108-375; 118. Stat. 1857) is repealed.
    Sec. 8128. Ensuring Transparency in Federal Contracting.--(a) 
Publication of Information on Federal Contractor Misconduct.--The 
Secretary of Defense shall maintain a publicly-available website that 
provides information on instances of improper conduct by contractors 
entering into or carrying out Federal contracts, including instances in 
which contractors have been fined, paid penalties or restitution, 
settled, plead guilty to, or had judgments entered against them in 
connection with allegations of improper conduct.
    (b) Reports on Federal No-bid Contracts Related to Iraq 
Reconstruction.--
            (1) Reports required.--Not later than 7 days after entering 
        into a no-bid contract to procure property or services in 
        connection with Iraq reconstruction, the head of an executive 
        agency shall submit to the Secretary of Defense a report on the 
        contract.
            (2) Content.--Each report submitted under paragraph (1) 
        shall include the following information:
                    (A) The date the contract was awarded.
                    (B) The contract number.
                    (C) The name of the contractor.
                    (D) The amounts awarded and obligated under the 
                contract.
                    (E) The scope of work under the contract.
            (3) Publication.--The Secretary of Defense shall maintain a 
        publicly-available website that lists the information provided 
        in reports submitted under paragraph (1).
            (4) Executive agency defined.--In this subsection, the term 
        ``executive agency'' has the meaning given such term in section 
        4 of the Office of Federal Procurement Policy Act (41 U.S.C. 
        403).
    Sec. 8129. (a) Prohibition on Transfer of Authority on Tactical 
Unmanned Aerial Vehicles.--None of the funds appropriated by this Act 
may be used to transfer research and development, acquisition, or other 
program authority relating to current tactical unmanned aerial vehicles 
(TUAVs) from the Army.
    (b) Extended Range Multi-Purpose Unmanned Aerial Vehicles.--The 
Army shall retain responsibility for and operational control of the 
Extended Range Multi-Purpose (ERMP) Unmanned Aerial Vehicle (UAV) in 
order to support the Secretary of Defense in matters relating to the 
employment of unmanned aerial vehicles.
    Sec. 8130. Of the amount appropriated in title III under the 
heading ``Other Procurement, Navy'', up to $2,000,000 may be made 
available for the Surface Sonar Dome Window Program.
    Sec. 8131. Of the amount appropriated by title IV under the heading 
``Research, Development, Test, and Evaluation, Army'', up to $700,000 
may be used for Medical Countermeasures to Nerve Agents.
    Sec. 8132. Of the amount appropriated by title IV under the heading 
``Research, Development, Test, and Evaluation, Defense-Wide'', up to 
$5,000,000 may be used for High Performance Defense Manufacturing 
Technology Research and Development.
    Sec. 8133. Of the amount appropriated by title II under the heading 
``Operation and Maintenance, Army'', up to $600,000 may be made 
available for removal of unexploded ordnance at Camp Wheeler, Georgia.
    Sec. 8134. Of the amount appropriated by title IV under the heading 
``Research, Development, Test, and Evaluation, Army'', up to $4,000,000 
may be used for the development of light-weight rigid-rod polyphenylene 
ammunition.
    Sec. 8135. Of the amounts appropriated by title VII under the 
heading ``Intelligence Community Management Account'', up to $2,000,000 
may be used for the Pat Roberts Intelligence Scholars Program.
    Sec. 8136. Of the amount appropriated by title IV under the heading 
``Research, Development, Test, and Evaluation, Army'', up to $1,000,000 
may be used for Combat Vehicle and Automotive Technology (PE#0602601A) 
for the Multipurpose Utility Vehicle.
    Sec. 8137. Of the amount appropriated by this title under the 
heading ``Research, Development, Test and Evaluation, Navy'', up to 
$3,000,000 may be available for land attack technology for the 
Millennium Gun System.
    Sec. 8138. Of the amount appropriated by title IV under the heading 
``Research, Development, Test, and Evaluation, Army'', up to $2,000,000 
may be used for Moldable Armor.
    Sec. 8139. Pilot Project for Civilian Linguist Reserve Corps.--(a) 
In General.--The Secretary of Defense, acting through the Chairman of 
the National Security Education Board, shall, during the 3-year period 
beginning on the date of enactment of this Act, carry out a pilot 
program to establish a civilian linguist reserve corps, comprised of 
United States citizens with advanced levels of proficiency in foreign 
languages, who would be available, upon request from the President, to 
perform translation and other services or duties with respect foreign 
languages for the Federal Government.
    (b) Implementation.--In establishing the Civilian Linguist Reserve 
Corps, the Secretary, after reviewing the findings and recommendations 
contained in the report required under section 325 of the Intelligence 
Authorization Act for Fiscal Year 2003 (Public Law 107-306; 116 Stat. 
2393), shall--
            (1) identify several foreign languages in which proficiency 
        by United States citizens is critical for the national security 
        interests of the United States and the relative importance of 
        such proficiency in each such language;
            (2) identify United States citizens with advanced levels of 
        proficiency in each foreign language identified under paragraph 
        (1) who would be available to perform the services and duties 
        referred to in subsection (a);
            (3) cooperate with other Federal agencies with national 
        security responsibilities to implement a procedure for securing 
        the performance of the services and duties referred to in 
        subsection (a) by the citizens identified under paragraph (2); 
        and
            (4) invite individuals identified under paragraph (2) to 
        participate in the civilian linguist reserve corps.
    (c) Contract Authority.--In establishing the civilian linguist 
reserve corps, the Secretary may enter into contracts with appropriate 
agencies or entities.
    (d) Feasibility Study.--During the course of the pilot program 
established under this section, the Secretary shall conduct a study of 
the best practices to be utilized in establishing the civilian linguist 
reserve corps, including practices regarding--
            (1) administrative structure;
            (2) languages that will be available;
            (3) the number of language specialists needed for each 
        language;
            (4) the Federal agencies that may need language services;
            (5) compensation and other operating costs;
            (6) certification standards and procedures;
            (7) security clearances;
            (8) skill maintenance and training; and
            (9) the use of private contractors to supply language 
        specialists.
    (e) Reports.--
            (1) Evaluation reports.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, and annually thereafter 
                for the next 2 years, the Secretary shall submit to 
                Congress an evaluation report on the pilot project 
                conducted under this section.
                    (B) Contents.--Each report under subparagraph (A) 
                shall contain information on the operation of the pilot 
                project, the success of the pilot project in carrying 
                out the objectives of the establishment of a civilian 
                linguist reserve corps, and recommendations for the 
                continuation or expansion of the pilot project.
            (2) Final report.--Not later than 6 months after the 
        completion of the pilot project, the Secretary shall submit to 
        Congress a final report summarizing the lessons learned, best 
        practices, and recommendations for full implementation of a 
        civilian linguist reserve corps.
    (f) Funding.--Of the amount appropriated under the heading 
``Operation and Maintenance, Defense-Wide'' in title II, up to 
$1,500,000 may be available to carry out the pilot program under this 
section.
    Sec. 8140. (a) Funding for Participation of Vet Centers in 
Transition Assistance Programs.--Of the amounts appropriated or 
otherwise made available by this Act, up to $5,000,000 may be used for 
the participation of Vet centers in the transition assistance programs 
of the Department of Defense for members of the Armed Forces.
    (b) Vet Centers Defined.--In this section, the term ``Vet centers'' 
means centers for the provision of readjustment counseling and related 
mental health services under section 1712A of title 38, United States 
Code.
    Sec. 8141. Of the amount appropriated by title IV under the heading 
``Research, Development, Test and Evaluation, Air Force'', up to 
$2,500,000 may be available for advanced technology for IRCM component 
improvement.
    Sec. 8142. Of the amount appropriated by title IV under the heading 
``Research, Development, Test and Evaluation, Army'' and available for 
demonstration and validation, up to $5,000,000 may be available for the 
Plasma Energy Pyrolysis System (PEPS), Operational Gasification unit.
    Sec. 8143. Of the amount appropriated by this Act under the heading 
``Research, Development, Test and Evaluation, Defense-Wide'', up to 
$5,000,000 may be available for the rapid mobilization of the New 
England Manufacturing Supply Chain Initiative to meet Department of 
Defense supply shortages and surge demands for parts and equipment.
    Sec. 8144. Of the amount appropriated by title IV under the heading 
``Research, Development, Test and Evaluation, Navy'', up to $1,000,000 
may be made available for Marine Corps assault vehicles for development 
of carbon fabric-based friction materials to optimize the cross-drive 
transmission brake system of the Expeditionary Fighting Vehicle.
    Sec. 8145. Of the amount appropriated by title IV under the heading 
``Research, Development, Test, and Evaluation, Navy, up to $2,000,000 
may be used for Program Element #0603235N for the Shipboard Automated 
Reconstruction Capability.
    Sec. 8146. (a) Blast Injury Prevention, Mitigation, and Treatment 
Initiative of the Army.--Of the amount appropriated by title IV under 
the heading ``Research, Development, Test, and Evaluation, Army'', up 
to $1,000,000 may be available for Program Element #63002A for far 
forward use of recombinant activated factor VII.
    Sec. 8147. Beginning with the fiscal year 2006 program year, the 
Secretary of the Air Force is strongly encouraged to exercise the 
option on the existing multiyear procurement contract for C-17 aircraft 
in order to enter into a multiyear contract for the procurement of 42 
additional C-17 aircraft.
    Sec. 8148. Department of Defense task force on mental health.--(a) 
Requirement To Establish.--The Secretary of Defense shall establish 
within the Department of Defense a task force to examine matters 
relating to mental health and the Armed Forces.
    (b) Composition.--
            (1) Members.--The task force shall consist of not more than 
        14 members appointed by the Secretary of Defense from among 
        individuals described in paragraph (2) who have demonstrated 
        expertise in the area of mental health.
            (2) Range of members.--The individuals appointed to the 
        task force shall include--
                    (A) at least one member of each of the Army, Navy, 
                Air Force, and Marine Corps; and
                    (B) a number of persons from outside the Department 
                of Defense equal to the total number of personnel from 
                within the Department of Defense (whether members of 
                the Armed Forces or civilian personnel) who are 
                appointed to the task force.
            (3) Individuals appointed within department of defense.--At 
        least one of the individuals appointed to the task force from 
        within the Department of Defense shall be the surgeon general 
        of an Armed Force or a designee of such surgeon general.
            (4) Individuals appointed outside department of defense.--
        (A) Individuals appointed to the task force from outside the 
        Department of Defense may include officers or employees of 
        other departments or agencies of the Federal Government, 
        officers or employees of State and governments, or individuals 
        from the private sector.
            (B) The individuals appointed to the task force from 
        outside the Department of Defense shall include--
                    (i) an officer or employee of the Department of 
                Veterans Affairs appointed by the Secretary of Defense 
                in consultation with the Secretary of Veterans Affairs;
                    (ii) an officer or employee of the Substance Abuse 
                and Mental Health Services Administration of the 
                Department of Health and Human Services appointed by 
                the Secretary of Defense in consultation with the 
                Secretary of Health and Human Services; and
                    (iii) at least two individuals who are 
                representatives of--
                            (I) a mental health policy and advocacy 
                        organization; and
                            (II) a national veterans service 
                        organization.
            (5) Deadline for appointment.--All appointments of 
        individuals to the task force shall be made not later than 120 
        days after the date of the enactment of this Act.
            (6) Co-chairs of Task Force.--There shall be two co-chairs 
        of the task force. One of the co-chairs shall be designated by 
        the Secretary of the Defense at the time of appointment from 
        among the Department of Defense personnel appointed to the task 
        force. The other co-chair shall be selected from among the 
        members appointed from outside the Department of Defense by 
        members so appointed.
    (c) Long-Term Plan on Mental Health Services.--
            (1) In general.--Not later than 12 months after the date on 
        which all members of the task force have been appointed, the 
        task force shall submit to the Secretary a long-term plan 
        (referred to as a strategic plan) on means by which the 
        Department of Defense shall improve the efficacy of mental 
        health services provided to members of Armed Forces by the 
        Department of Defense.
            (2) Utilization of other efforts.--In preparing the report, 
        the task force shall take into consideration completed and 
        ongoing efforts by the Department of Defense to improve the 
        efficacy of mental health care provided to members of the Armed 
        Forces by the Department.
            (3) Elements.--The long-term plan shall include an 
        assessment of and recommendations (including recommendations 
        for legislative or administrative action) for measures to 
        improve the following:
                    (A) The awareness of the prevalence of mental 
                health conditions among members of the Armed Forces.
                    (B) The efficacy of existing programs to prevent, 
                identify, and treat mental health conditions among 
                members of the Armed Forces, including programs for and 
                with respect to forward-deployed troops.
                    (C) The reduction or elimination of barriers to 
                care, including the stigma associated with seeking help 
                for mental health related conditions, and the 
                enhancement of confidentiality for members of the Armed 
                Forces seeking care for such conditions.
                    (D) The adequacy of outreach, education, and 
                support programs on mental health matters for families 
                of members of the Armed Forces.
                    (E) The efficacy of programs and mechanisms for 
                ensuring a seamless transition from care of members of 
                the Armed Forces on active duty for mental health 
                conditions through the Department of Defense to care 
                for such conditions through the Department of Veterans 
                Affairs after such members are discharged or released 
                from military, naval, or air service.
                    (F) The availability of long-term follow-up and 
                access to care for mental health conditions for members 
                of the Individual Ready Reserve, and the Selective 
                Reserve and for discharged, separated, or retired 
                members of the Armed Forces.
                    (G) Collaboration among organizations in the 
                Department of Defense with responsibility for or 
                jurisdiction over the provision of mental health 
                services.
                    (H) Coordination between the Department of Defense 
                and civilian communities, including local support 
                organizations, with respect to mental health services.
                    (I) The scope and efficacy of curricula and 
                training on mental health matters for commanders in the 
                Armed Forces.
                    (J) Such other matters as the task force considers 
                appropriate.
    (d) Administrative Matters.--
            (1) Compensation.--Each member of the task force who is a 
        member of the Armed Forces or a civilian officer or employee of 
        the United States shall serve without compensation (other than 
        compensation to which entitled as a member of the Armed Forces 
        or an officer or employee of the United States, as the case may 
        be). Other members of the task force shall be treated for 
        purposes of section 3161 of title 5, United States Code, as 
        having been appointed under subsection (b) of such section.
            (2) Oversight.--The Under Secretary of Defense for 
        Personnel and Readiness shall oversee the activities of the 
        task force.
            (3) Administrative support.--The Washington Headquarters 
        Services of the Department of Defense shall provide the task 
        force with personnel, facilities, and other administrative 
        support as necessary for the performance of the duties of the 
        task force.
            (4) Access to facilities.--The Under Secretary of Defense 
        for Personnel and Readiness shall, in coordination with the 
        Secretaries of the military departments, ensure appropriate 
        access by the task force to military installations and 
        facilities for purposes of the discharge of the duties of the 
        task force.
    (e) Report.--
            (1) In general.--The task force shall submit to the 
        Secretary of Defense a report on its activities under this 
        section. The report shall include--
                    (A) a description of the activities of the task 
                force;
                    (B) the plan required by subsection (c); and
                    (C) such other mattes relating to the activities of 
                the task force that the task force considers 
                appropriate.
            (2) Transmittal to congress.--Not later than 90 days after 
        receipt of the report under paragraph (1), the Secretary shall 
        transmit the report to the Committees on Armed Services and 
        Veterans' Affairs of the Senate and the House of 
        Representatives. The Secretary may include in the transmittal 
        such comments on the report as the Secretary considers 
        appropriate.
    (f) Termination.--The task force shall terminate 90 days after the 
date on which the report of the task force is submitted to Congress 
under subsection (e)(2).
    Sec. 8149. (a) Army Programs.--Of the amount appropriated by title 
IV under the heading ``Research, Development, Test, and Evaluation, 
Army'', up to an additional $10,000,000 may be used for Program Element 
0601103A for University Research Initiatives.
    (b) Navy Programs.--Of the amount appropriated by title IV under 
the heading ``Research, Development, Test, and Evaluation, Navy'', up 
to an additional $5,000,000 may be used for Program Element 0601103N 
for University Research Initiatives.
    (c) Air Force Programs.--Of the amount appropriated by title IV 
under the heading ``Research, Development, Test, and Evaluation, Air 
Force'', up to an additional $10,000,000 may be used for Program 
Element 0601103F for University Research Initiatives.
    (d) Defense-Wide Activities.--Of the amount appropriated by title 
IV under the heading ``Research, Development, Test, and Evaluation, 
Defense-Wide''--
            (A) up to an additional $10,000,000 may be used for Program 
        Element 0601120D8Z for the SMART National Defense Education 
        Program; and
            (B) up to an additional $5,000,000 may be used for Program 
        Element 0601101E for the Defense Advanced Research Projects 
        Agency University Research Program in Cybersecurity.
    (e) Sense of Senate.--It is the sense of the Senate that it should 
be a goal of the Department of Defense to allocate to basic research 
programs each fiscal year an amount equal to 15 percent of the funds 
available to the Department of Defense for science and technology in 
such fiscal year.
    Sec. 8150. Report on review and implementation of Comptroller 
General recommendations on transition assistance for members of the 
National Guard and Reserves.--(a) Report.--Not later than 30 days after 
the date of the enactment of this Act, the Secretary of Defense shall 
submit to the congressional defense committees a report on the status 
of the review of, and actions taken to implement, the recommendations 
of the Comptroller General of the United States in the report of the 
Comptroller General entitled ``Military and Veterans Benefits: Enhanced 
Services Could Improve Transition Assistance for Reserves and National 
Guard'' (GAO 05-544).
    (b) Particular Information.--If the Secretary has determined in the 
course of the review described in subsection (a) not to implement any 
recommendation of the Comptroller General described in that subsection, 
the report under that subsection shall include a justification of such 
determination.
    Sec. 8151. Any limitation, directive, or earmarking contained in 
either the House of Representatives or Senate report accompanying H.R. 
2863 shall also be included in the conference report or joint statement 
accompanying H.R. 2863 in order to be considered as having been 
approved by both Houses of Congress.
    Sec. 8152. (a) Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report on the use of ground source 
heat pumps at Department of Defense facilities.
    (b) The report required under subsection (a) shall include--
            (1) a description of the types of Department of Defense 
        facilities that use ground source heat pumps;
            (2) an assessment of the applicability and cost-
        effectiveness of the use of ground source heat pumps at 
        Department of Defense facilities in different geographic 
        regions of the United States; and
            (3) a description of the relative applicability of ground 
        source heat pumps for purposes of new construction at, and 
        retrofitting of, Department of Defense facilities.
    Sec. 8153. (a) Of the amount appropriated by title IV under the 
heading ``Research, Development, Test and Evaluation, Navy'' up to 
$1,500,000 may be available for research within the High-Brightness 
Electron Source program.
    Sec. 8154. Uniform Standards for The Interrogation of persons under 
The Detention of The Department of Defense.--(a) In General.--No person 
in the custody or under the effective control of the Department of 
Defense or under detention in a Department of Defense facility shall be 
subject to any treatment or technique of interrogation not authorized 
by and listed in the United States Army Field Manual on Intelligence 
Interrogation.
    (b) Applicability.--Subsection (a) shall not apply to with respect 
to any person in the custody or under the effective control of the 
Department of Defense pursuant to a criminal law or immigration law of 
the United States.
    (c) Construction.--Nothing in this section shall be construed to 
affect the rights under the United States Constitution of any person in 
the custody or under the physical jurisdiction of the United States.
    Sec. 8155. Prohibition on cruel, inhuman, or degrading treatment or 
punishment of persons under custody or control of The United States 
Government.--(a) In General.--No individual in the custody or under the 
physical control of the United States Government, regardless of 
nationality or physical location, shall be subject to cruel, inhuman, 
or degrading treatment or punishment.
    (b) Construction.--Nothing in this section shall be construed to 
impose any geographical limitation on the applicability of the 
prohibition against cruel, inhuman, or degrading treatment or 
punishment under this section.
    (c) Limitation on Supersedure.--The provisions of this section 
shall not be superseded, except by a provision of law enacted after the 
date of the enactment of this Act which specifically repeals, modifies, 
or supersedes the provisions of this section.
    (d) Cruel, Inhuman, or Degrading Treatment or Punishment Defined.--
In this section, the term ``cruel, inhuman, or degrading treatment or 
punishment'' means the cruel, unusual, and inhumane treatment or 
punishment prohibited by the Fifth, Eighth, and Fourteenth Amendments 
to the Constitution of the United States, as defined in the United 
States Reservations, Declarations and Understandings to the United 
Nations Convention Against Torture and Other Forms of Cruel, Inhuman or 
Degrading Treatment or Punishment done at New York, December 10, 1984.
    Sec. 8156. None of the funds appropriated or otherwise made 
available in this Act may be obligated or expended during fiscal year 
2006 for paying salaries and expenses or other costs associated with 
reimbursing or otherwise financially compensating the Government of 
Uzbekistan for services rendered to the United States at Karshi-
Khanabad airbase in Uzbekistan.
    Sec. 8157. Sense of the Senate regarding Depot Maintenance.--(a) 
Findings.--The Senate finds that--
            (1) the Depot Maintenance Strategy and Master Plan of the 
        Air Force reflects the essential requirements for the Air Force 
        to maintain a ready and controlled source of organic technical 
        competence, thereby ensuring an effective and timely response 
        to national defense contingencies and emergency requirements;
            (2) since the publication of the Depot Maintenance Strategy 
        and Master Plan of the Air Force in 2002, the service has made 
        great progress toward modernizing all 3 of its Depots, in order 
        to maintain their status as ``world class'' maintenance repair 
        and overhaul operations;
            (3) 1 of the indispensable components of the Depot 
        Maintenance Strategy and Master Plan of the Air Force is the 
        commitment of the Air Force to allocate $150,000,000 a year 
        over 6 years, beginning in fiscal year 2004, for 
        recapitalization and investment, including the procurement of 
        technologically advanced facilities and equipment, of our 
        Nation's 3 Air Force depots; and
            (4) the funds expended to date have ensured that 
        transformation projects, such as the initial implementation of 
        ``Lean'' and ``Six Sigma'' production techniques, have achieved 
        great success in dramatically reducing the time necessary to 
        perform depot maintenance on aircraft.
    (b) Sense of the Senate.--It is the sense of the Senate that--
            (1) the Air Force should be commended for the 
        implementation of its Depot Maintenance Strategy and Master 
        Plan and, in particular, meeting its commitment to invest 
        $150,000,000 a year over 6 years, since fiscal year 2004, in 
        the Nation's 3 Air Force Depots; and
            (2) the Air Force should continue to fully fund its 
        commitment of $150,000,000 a year through fiscal year 2009 in 
        investments and recapitalization projects pursuant to the Depot 
        Maintenance Strategy and Master Plan.
    Sec. 8158. Of the amount appropriated by title III under the 
heading ``Procurement of Weapons and Tracked Combat Vehicles, Army'', 
up to $5,000,000 may be used for the Arsenal Support Program Initiative 
for Watervliet Arsenal, New York.
    Sec. 8159. Of the amount appropriated by title IV under the heading 
``Research, Development, Test, and Evaluation, Defense-Wide'', up to 
$4,000,000 may be used for Oral Anthrax/Plague Vaccine Development.
    Sec. 8160. (a) The Secretary of the Navy may, subject to the terms 
and conditions of the Secretary, donate the World War II-era marine 
railway located at the United States Naval Academy, Annapolis, 
Maryland, to the Richardson Maritime Heritage Center, Cambridge, 
Maryland.
    (b) The marine railway donated under subsection (a) may not be used 
for commercial purposes.
    Sec. 8161. The Secretary of Defense may present promotional 
materials, including a United States flag, to any member of an Active 
or Reserve component under the Secretary's jurisdiction who, as 
determined by the Secretary, participates in Operation Enduring Freedom 
or Operation Iraqi Freedom, along with other recognition items in 
conjunction with any week-long national observation and day of national 
celebration, if established by Presidential proclamation, for any such 
members returning from such operations.
    Sec. 8162. (a) Implementation of Long-Range Wireless 
Capabilities.--Of the amount appropriated by title II under the heading 
``Operation and Maintenance, Air Force'', up to $10,000,000 may be used 
by the United States Northern Command for the purposes of implementing 
Long-Range Wireless telecommunications capabilities for the Gulf States 
and key entities within the Northern Command Area of Responsibility 
(AOR).
    (b) Implementation of Long-Range Wireless Capabilities.--Of the 
amount appropriated or otherwise made available by title III under the 
heading ``Other Procurement, Air Force'', up to $20,000,000 may be used 
by the United States Northern Command for the purposes of implementing 
IMT-2000 3G Standards Based Communications Information Extension 
capabilities for the Gulf States and key entities within the Northern 
Command Area of Responsibility (AOR).
    Sec. 8163. (a) Submission of procedures for Combatant Status Review 
Tribunals and Administrative Review Boards To Determine Status of 
Detainees at Guantanamo Bay, Cuba.--Not later than 180 days after the 
date of enactment of this Act the President shall submit to the 
Congressional Defense Committees and committees on Judiciary in the 
House and Senate the procedures for the Combatant Status Review 
Tribunals and a noticed administrative review boards in operation at 
Guantanamo Bay, Cuba, for determining the status of the detainees held 
at Guantanamo Bay, including whether any such detainee is a lawful 
enemy combatant or an unlawful enemy combatant.
    (b) Procedures.--The procedures submitted to Congress pursuant to 
subsection (a) shall ensure that--
                    (A) In making a determination of status under such 
                procedures, the Combatant Status Review Tribunal and 
                annual review boards may not consider statements 
                derived from persons that, as determined by the 
                Tribunals or boards, by the preponderance of the 
                evidence, were obtained with undue coercion.
                    (B) The Designated Civilian Official shall be an 
                officer of the United States Government whose 
                appointment to office was made by the President, by and 
                with the advise and consent of the Senate.
                    (C) Modification of procedures.--The President 
                shall submit to Congress any modification to the 
                procedures submitted under subsection (a) no less than 
                30 days before the date on which such modifications go 
                into effect.
    Sec. 8164. (a) Additional Amount for Aircraft Procurement, Air 
Force.--The amount appropriated under the heading ``Aircraft 
Procurement, Air Force'' is hereby increased by $130,000,000.
    (b) Availability of Amount.--Of the amount appropriated under the 
heading ``Aircraft Procurement, Air Force'', as increased by subsection 
(a), $130,000,000 shall be available for purposes as follows:
            (1) Procurement of Predator air vehicles, initial spares, 
        and RSP kits.
            (2) Procurement of Containerized Dual Control Station 
        Launch and Recovery Elements.
            (3) Procurement of a Fixed Ground Control Station.
            (4) Procurement of other upgrades to Predator Ground 
        Control Stations, spares, and signals intelligence packages.
    (c) Offset.--(1) The amount appropriated by title II for Operation 
and maintenance, Air Force is hereby reduced by $130,000,000.
    Sec. 8165. Sense of Senate on Transfer of Funds for increased 
personnel strengths for the Army and Marine Corps.--(a) Findings.--The 
Senate makes the following findings:
            (1) A long-term increase in the personnel end strengths for 
        active duty personnel of the Army and the Marine Corps is 
        necessary in order to carry out the current missions of the 
        Army and the Marine Corps and to relieve current strains on 
        Army and Marine Corps forces.
            (2) The cost of the increase in such end strengths is 
        foreseeable and should be included in the annual budget of the 
        President for each fiscal year, as submitted to Congress 
        pursuant to section 1105 of title 31, United States Code, in 
        order to provide a full and honest accounting to the American 
        people of the personnel costs of the Army and the Marine Corps.
            (3) The inclusion in the annual budget of the President for 
        each fiscal year of the costs of an increase in such end 
        strengths will permit the Army and Marine Corps to plan for and 
        accommodate the additional troops contemplated by such 
        increased end strengths without reducing other important 
        programs.
    (b) Sense of Senate.--It is the sense of the Senate that the 
additional amounts to be required for increases in the personnel end 
strengths for active duty personnel of the Army and the Marine Corps 
for fiscal year 2006 should be transferred from amounts appropriated by 
title IX for the Military Personnel, Army, Military Personnel, Marine 
Corps, Operation and Maintenance, Army, and Operation and Maintenance, 
Marine Corps, and Operation and Maintenance, Defense-Wide, accounts to 
the amounts appropriated for the applicable accounts in titles I and 
II.
    Sec. 8166. Of the amount appropriated by title III under the 
heading ``Other Procurement, Air Force'', up to $3,000,000 may be made 
available for the Laser Marksmanship Training System.
    Sec. 8167. Of the amount appropriated by title IV under the heading 
``Research, Development, Test, and Evaluation, Army'', up to $5,000,000 
may be used for Medium Tactical Vehicle Modifications.
    Sec. 8168. Section 8013 of the Department of Defense Appropriations 
Act, 1994 (Public Law 103-139; 107 Stat. 1440) is amended by striking 
``the report to the President from the Defense Base Closure and 
Realignment Commission, July 1991'' and inserting ``the reports to the 
President from the Defense Base Closure and Realignment Commission, 
July 1991 and July 1993''.
    Sec. 8169. Of the amount appropriated by title IV under the heading 
``Research, Development, Test, and Evaluation, Army'', up to $1,000,000 
may be used for Integrated Starter/Alternator for Up-Armored High 
Mobility Multi-Wheeled Vehicles.
    Sec. 8170. Availability of amount.--Of the amount appropriated by 
title II under the heading ``Operation and Maintenance, Defense-Wide'', 
up to $60,000,000 may be made available as follows:
                    (A) Up to $50,000,000 may be made available for 
                childcare services for families of members of the Armed 
                Forces.
                    (B) Up to $10,000,000 may be made available for 
                family assistance centers that primarily serve members 
                of the Armed Forces and their families.
    (b) National Guard Counterdrug Support Activities.--
            (1) Availability of amount.--Of the amount appropriated by 
        title VI under the heading ``Drug Interdiction and Counter-Drug 
        Activities'', up to $40,000,000 may be available for the 
        purpose of National Guard counterdrug support activities.
            (2) Supplement not supplant.--The amount available under 
        paragraph (2) for the purpose specified in that paragraph is in 
        addition to any other amounts available under title VI for that 
        purpose.
    Sec. 8171. Of the amount appropriated by title II under the heading 
``Operation and Maintenance, Defense-Wide'', up to $2,000,000 may be 
available for the establishment, in consultation with the Reach Out and 
Read National Center, of a pilot project on pediatric early literacy on 
military installations.
    Sec. 8172. Increase in rate of basic pay of the enlisted member 
serving as the Senior Enlisted Advisor for the Chairman of the Joint 
Chiefs of Staff.--(a) Increase.--Footnote 2 to the table on Enlisted 
Members in section 601(b) of the National Defense Authorization Act for 
Fiscal Year 2004 (Public Law 108-136; 37 U.S.C. 1009 note) is amended 
by striking ``or Master Chief Petty Officer of the Coast Guard'' and 
inserting ``Master Chief Petty Officer of the Coast Guard, or Senior 
Enlisted Advisor for the Chairman of the Joint Chiefs of Staff''.
    (b) Personal Money Allowance.--
            (1) Entitlement.--Section 414(c) of title 37, United States 
        Code, is amended by striking ``or the Master Chief Petty 
        Officer of the Coast Guard'' and inserting ``the Master Chief 
        Petty Officer of the Coast Guard, or the Senior Enlisted 
        Advisor for the Chairman of the Joint Chiefs of Staff''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on April 1, 2005.
    Sec. 8173. Support for Youth Organizations.--(a) Short Title.--This 
Act may be cited as the ``Support Our Scouts Act of 2005''.
    (b) Support for Youth Organizations.--
            (1) Definitions.--In this subsection--
                    (A) the term ``Federal agency'' means each 
                department, agency, instrumentality, or other entity of 
                the United States Government; and
                    (B) the term ``youth organization''--
                            (i) means any organization that is 
                        designated by the President as an organization 
                        that is primarily intended to--
                                    (I) serve individuals under the age 
                                of 21 years;
                                    (II) provide training in 
                                citizenship, leadership, physical 
                                fitness, service to community, and 
                                teamwork; and
                                    (III) promote the development of 
                                character and ethical and moral values; 
                                and
                            (ii) shall include--
                                    (I) the Boy Scouts of America;
                                    (II) the Girl Scouts of the United 
                                States of America;
                                    (III) the Boys Clubs of America;
                                    (IV) the Girls Clubs of America;
                                    (V) the Young Men's Christian 
                                Association;
                                    (VI) the Young Women's Christian 
                                Association;
                                    (VII) the Civil Air Patrol;
                                    (VIII) the United States Olympic 
                                Committee;
                                    (IX) the Special Olympics;
                                    (X) Campfire USA;
                                    (XI) the Young Marines;
                                    (XII) the Naval Sea Cadets Corps;
                                    (XIII) 4-H Clubs;
                                    (XIV) the Police Athletic League;
                                    (XV) Big Brothers--Big Sisters of 
                                America; and
                                    (XVI) National Guard Youth 
                                Challenge.
            (2) In general.--
                    (A) Support for youth organizations.--
                            (i) Support.--No Federal law (including any 
                        rule, regulation, directive, instruction, or 
                        order) shall be construed to limit any Federal 
                        agency from providing any form of support for a 
                        youth organization (including the Boy Scouts of 
                        America or any group officially affiliated with 
                        the Boy Scouts of America) that would result in 
                        that Federal agency providing less support to 
                        that youth organization (or any similar 
                        organization chartered under the chapter of 
                        title 36, United States Code, relating to that 
                        youth organization) than was provided during 
                        the preceding fiscal year. This clause shall be 
                        subject to the availability of appropriations.
                            (ii) Youth organizations that cease to 
                        exist.--Clause (i) shall not apply to any youth 
                        organization that ceases to exist.
                            (iii) Waivers.--The head of a Federal 
                        agency may waive the application of clause (i) 
                        to any youth organization with respect to each 
                        conviction or investigation described under 
                        subclause (I) or (II) for a period of not more 
                        than 2 fiscal years if--
                                    (I) any senior officer (including 
                                any member of the board of directors) 
                                of the youth organization is convicted 
                                of a criminal offense relating to the 
                                official duties of that officer or the 
                                youth organization is convicted of a 
                                criminal offense; or
                                    (II) the youth organization is the 
                                subject of a criminal investigation 
                                relating to fraudulent use or waste of 
                                Federal funds.
                    (B) Types of support.--Support described under this 
                paragraph shall include--
                            (i) holding meetings, camping events, or 
                        other activities on Federal property;
                            (ii) hosting any official event of such 
                        organization;
                            (iii) loaning equipment; and
                            (iv) providing personnel services and 
                        logistical support.
    (c) Support for Scout Jamborees.--
            (1) Findings.--Congress makes the following findings:
                    (A) Section 8 of article I of the Constitution of 
                the United States commits exclusively to Congress the 
                powers to raise and support armies, provide and 
                maintain a Navy, and make rules for the government and 
                regulation of the land and naval forces.
                    (B) Under those powers conferred by section 8 of 
                article I of the Constitution of the United States to 
                provide, support, and maintain the Armed Forces, it 
                lies within the discretion of Congress to provide 
                opportunities to train the Armed Forces.
                    (C) The primary purpose of the Armed Forces is to 
                defend our national security and prepare for combat 
                should the need arise.
                    (D) One of the most critical elements in defending 
                the Nation and preparing for combat is training in 
                conditions that simulate the preparation, logistics, 
                and leadership required for defense and combat.
                    (E) Support for youth organization events simulates 
                the preparation, logistics, and leadership required for 
                defending our national security and preparing for 
                combat.
                    (F) For example, Boy Scouts of America's National 
                Scout Jamboree is a unique training event for the Armed 
                Forces, as it requires the construction, maintenance, 
                and disassembly of a ``tent city'' capable of 
                supporting tens of thousands of people for a week or 
                longer. Camporees at the United States Military Academy 
                for Girl Scouts and Boy Scouts provide similar training 
                opportunities on a smaller scale.
            (2) Support.--Section 2554 of title 10, United States Code, 
        is amended by adding at the end the following:
    ``(i)(1) The Secretary of Defense shall provide at least the same 
level of support under this section for a national or world Boy Scout 
Jamboree as was provided under this section for the preceding national 
or world Boy Scout Jamboree.
    ``(2) The Secretary of Defense may waive paragraph (1), if the 
Secretary--
            ``(A) determines that providing the support subject to 
        paragraph (1) would be detrimental to the national security of 
        the United States; and
            ``(B) reports such a determination to the Congress in a 
        timely manner, and before such support is not provided.''.
    (d) Equal Access for Youth Organizations.--Section 109 of the 
Housing and Community Development Act of 1974 (42 U.S.C. 5309) is 
amended--
            (1) in the first sentence of subsection (b) by inserting 
        ``or (e)'' after ``subsection (a)''; and
            (2) by adding at the end the following:
    ``(e) Equal Access.--
            ``(1) Definition.--In this subsection, the term `youth 
        organization' means any organization described under part B of 
        subtitle II of title 36, United States Code, that is intended 
        to serve individuals under the age of 21 years.
            ``(2) In general.--No State or unit of general local 
        government that has a designated open forum, limited public 
        forum, or nonpublic forum and that is a recipient of assistance 
        under this chapter shall deny equal access or a fair 
        opportunity to meet to, or discriminate against, any youth 
        organization, including the Boy Scouts of America or any group 
        officially affiliated with the Boy Scouts of America, that 
        wishes to conduct a meeting or otherwise participate in that 
        designated open forum, limited public forum, or nonpublic 
        forum.''.
    Sec. 8174. (a) There are appropriated out of the Employment 
Security Administration account of the Unemployment Trust Fund, 
$14,000,000 for authorized administrative expenses.
            (b) From the money in the Treasury not otherwise obligated 
        or appropriated, there are appropriated to the Office of the 
        Inspector General of the Department of Health and Human 
        Services $5,000,000 for oversight activities related to 
        Hurricane Katrina.
            (c) The amounts appropriated under subsection (a) and (b)--
                    (1) are designated as an emergency requirements 
                pursuant to section 402 of H. Con. Res. 95 (109th 
                Congress); and
                    (2) shall remain available until expended.

            TITLE IX--ADDITIONAL WAR-RELATED APPROPRIATIONS

                    DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For an additional amount for ``Military Personnel, Army'', 
$5,009,420,000.

                        Military Personnel, Navy

    For an additional amount for ``Military Personnel, Navy'', 
$180,000.

                    Military Personnel, Marine Corps

    For an additional amount for ``Military Personnel, Marine Corps'', 
$455,420,000.

                     Military Personnel, Air Force

    For an additional amount for ``Military Personnel, Air Force'', 
$372,480,000.

                        Reserve Personnel, Army

    For an additional amount for ``Reserve Personnel, Army'', 
$121,500,000.

                        Reserve Personnel, Navy

    For an additional amount for ``Reserve Personnel, Navy'', 
$10,000,000.

                     National Guard Personnel, Army

    For an additional amount for ``National Guard Personnel, Army'', 
$232,300,000.

                  National Guard Personnel, Air Force

    For an additional amount for ``National Guard Personnel, Air 
Force'', $5,300,000.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

    For an additional amount for ``Operation and Maintenance, Army'', 
$21,915,547,000.

                    Operation and Maintenance, Navy

    For an additional amount for ``Operation and Maintenance, Navy'', 
$1,806,400,000.

                Operation and Maintenance, Marine Corps

    For an additional amount for ``Operation and Maintenance, Marine 
Corps'', $1,275,800,000.

                  Operation and Maintenance, Air Force

    For an additional amount for ``Operation and Maintenance, Air 
Force'', $2,014,900,000.

                Operation and Maintenance, Defense-Wide

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $980,000,000, of which up to $195,000,000, to remain available 
until expended, may be used for payments to reimburse Pakistan, Jordan, 
and other key cooperating nations, for logistical, military, and other 
support provided, or to be provided, to United States military 
operations, notwithstanding any other provision of law: Provided, That 
such payments may be made in such amounts as the Secretary of Defense, 
with the concurrence of the Secretary of State, and in consultation 
with the Director of the Office of Management and Budget, may 
determine, in his discretion, based on documentation determined by the 
Secretary of Defense to adequately account for the support provided, 
and such determination is final and conclusive upon the accounting 
officers of the United States, and 15 days following notification to 
the appropriate congressional committees: Provided further, That the 
Secretary of Defense shall provide quarterly reports to the 
congressional defense committees on the use of funds provided in this 
paragraph.

                Operation and Maintenance, Army Reserve

    For an additional amount for ``Operation and Maintenance, Army 
Reserve'', $53,700,000.

                Operation and Maintenance, Navy Reserve

    For an additional amount for ``Operation and Maintenance, Navy 
Reserve'', $9,400,000.

            Operation and Maintenance, Marine Corps Reserve

    For an additional amount for ``Operation and Maintenance, Marine 
Corps Reserve'', $27,950,000.

              Operation and Maintenance, Air Force Reserve

    For an additional amount for ``Operation and Maintenance, Air Force 
Reserve'', $7,000,000.

             Operation and Maintenance, Army National Guard

    For an additional amount for ``Operation and Maintenance, Army 
National Guard'', $201,300,000.

             Operation and Maintenance, Air National Guard

    For an additional amount for ``Operation and Maintenance, Air 
National Guard'', $13,400,000.

                           Iraq Freedom Fund

                     (including transfer of funds)

    For an additional amount for ``Iraq Freedom Fund'', $4,100,000,000, 
to remain available for transfer until September 30, 2006, only to 
support operations in Iraq or Afghanistan and classified activities: 
Provided, That the Secretary of Defense may transfer the funds provided 
herein to appropriations for military personnel; operation and 
maintenance; Overseas Humanitarian, Disaster, and Civic Aid; 
procurement; research, development, test and evaluation; the Defense 
Health Program; and working capital funds: Provided further, That of 
the amounts provided under this heading, $2,850,000,000 shall only be 
for classified programs, described in further detail in the classified 
annex accompanying this Act: Provided further, That $750,000,000 shall 
be available for the Joint IED Defeat Task Force: Provided further, 
That funds transferred shall be merged with and be available for the 
same purposes and for the same time period as the appropriation or fund 
to which transferred: Provided further, That this transfer authority is 
in addition to any other transfer authority available to the Department 
of Defense: Provided further, That upon a determination that all or 
part of the funds transferred from this appropriation are not necessary 
for the purposes provided herein, such amounts may be transferred back 
to this appropriation: Provided further, That the Secretary of Defense 
shall, not fewer than 5 days prior to making transfers from this 
appropriation, notify the congressional defense committees in writing 
of the details of any such transfer: Provided further, That the 
Secretary shall submit a report no later than 30 days after the end of 
each fiscal quarter to the congressional defense committees summarizing 
the details of the transfer of funds from this appropriation.

                              PROCUREMENT

                       Aircraft Procurement, Army

    For an additional amount for ``Aircraft Procurement, Army'', 
$348,100,000, to remain available until September 30, 2008.

                       Missile Procurement, Army

    For an additional amount for ``Missile Procurement, Army'', 
$80,000,000, to remain available until September 30, 2008.

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For an additional amount for ``Procurement of Weapons and Tracked 
Combat Vehicles, Army'', $910,700,000, to remain available until 
September 30, 2008.

                    Procurement of Ammunition, Army

    For an additional amount for ``Procurement of Ammunition, Army'', 
$335,780,000, to remain available until September 30, 2008.

                        Other Procurement, Army

    For an additional amount for ``Other Procurement, Army'', 
$3,916,000,000, to remain available until September 30, 2008.

                       Aircraft Procurement, Navy

    For an additional amount for ``Aircraft Procurement, Navy'', 
$151,537,000, to remain available until September 30, 2008.

                       Weapons Procurement, Navy

    For an additional amount for ``Weapons Procurement, Navy'', 
$56,700,000, to remain available until September 30, 2008.

            Procurement of Ammunition, Navy and Marine Corps

    For an additional amount for ``Procurement of Ammunition, Navy and 
Marine Corps'', $48,485,000, to remain available until September 30, 
2008.

                        Other Procurement, Navy

    For an additional amount for ``Other Procurement, Navy'', 
$116,048,000, to remain available until September 30, 2008.

                       Procurement, Marine Corps

    For an additional amount for ``Procurement, Marine Corps'', 
$2,303,700,000, to remain available until September 30, 2008.

                    Aircraft Procurement, Air Force

    For an additional amount for ``Aircraft Procurement, Air Force'', 
$118,058,000, to remain available until September 30, 2008.

                     Missile Procurement, Air Force

    For an additional amount for ``Missile Procurement, Air Force'', 
$17,000,000, to remain available until September 30, 2008.

                      Other Procurement, Air Force

    For an additional amount for ``Other Procurement, Air Force'', 
$17,500,000, to remain available until September 30, 2008.

                       Procurement, Defense-Wide

    For an additional amount for ``Procurement, Defense-Wide'', 
$132,075,000, to remain available until September 30, 2008.

                  National Guard and Reserve Equipment

    For an additional amount for ``National Guard and Reserve 
Equipment'', $1,300,000,000, to remain available until expended: 
Provided, That the amount available under this heading shall be 
available for homeland security and homeland security response 
equipment; Provided further, That the amount provided under this 
heading is designated as an emergency requirement pursuant to section 
402 of the conference report to accompany S. Con. Res. 95 (109th 
Congress).

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

    For an additional amount for ``Research, Development, Test and 
Evaluation, Army'', $72,000,000, to remain available until September 
30, 2007.

         Research, Development, Test and Evaluation, Air Force

    For an additional amount for ``Research, Development, Test and 
Evaluation, Air Force'', $17,800,000, to remain available until 
September 30, 2007.

        Research, Development, Test and Evaluation, Defense-Wide

    For an additional amount for ``Research, Development, Test and 
Evaluation, Defense-Wide'', $2,500,000, to remain available until 
September 30, 2007.

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

    For an additional amount for ``Defense Working Capital Funds'', 
$2,716,400,000.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

         Drug Interdiction and Counter-drug Activities, Defense

    For an additional amount for ``Drug Interdiction and Counter-drug 
Activities, Defense'', $27,620,000.

                      GENERAL PROVISIONS, TITLE IX

    Sec. 9001. Appropriations provided in this title are available for 
obligation until September 30, 2006, unless otherwise so provided in 
this title.
    Sec. 9002. Notwithstanding any other provision of law or of this 
Act, funds made available in this title are in addition to amounts 
provided elsewhere in this Act.

                          (transfer of funds)

    Sec. 9003. Upon his determination that such action is necessary in 
the national interest, the Secretary of Defense may transfer between 
appropriations up to $2,500,000,000 of the funds made available to the 
Department of Defense in this title: Provided, That the Secretary shall 
notify the Congress promptly of each transfer made pursuant to the 
authority in this section: Provided further, That the authority 
provided in this section is in addition to any other transfer authority 
available to the Department of Defense and is subject to the same terms 
and conditions as the authority provided in section 8005 of this Act.
    Sec. 9004. Funds appropriated in this title, or made available by 
the transfer of funds in or pursuant to this title, for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414).
    Sec. 9005. None of the funds provided in this title may be used to 
finance programs or activities denied by Congress in fiscal years 2005 
and 2006 appropriations to the Department of Defense or to initiate a 
procurement or research, development, test and evaluation new start 
program without prior written notification to the congressional defense 
committees.
    Sec. 9006. Notwithstanding any other provision of law, from funds 
made available in this title to the Department of Defense for operation 
and maintenance, not to exceed $500,000,000 may be used by the 
Secretary of Defense, with the concurrence of the Secretary of State, 
to train, equip and provide related assistance only to the New Iraqi 
Army and the Afghan National Army to enhance their capability to combat 
terrorism and to support U.S. military operations in Iraq and 
Afghanistan: Provided, That such assistance may include the provision 
of equipment, supplies, services, training and funding: Provided 
further, That the authority to provide assistance under this section is 
in addition to any other authority to provide assistance to foreign 
nations: Provided further, That the Secretary of Defense shall notify 
the congressional defense committees, the Committee on International 
Relations of the House of Representatives, and the Committee on Foreign 
Relations of the Senate not less than 15 days before providing 
assistance under the authority of this section.
    Sec. 9007. (a) From funds made available in this title to the 
Department of Defense, not to exceed $500,000,000 may be used, 
notwithstanding any other provision of law, to fund the Commander's 
Emergency Response Program, for the purpose of enabling military 
commanders in Iraq to respond to urgent humanitarian relief and 
reconstruction requirements within their areas of responsibility by 
carrying out programs that will immediately assist the Iraqi people, 
and to fund a similar program to assist the people of Afghanistan.
    (b) Quarterly Reports.--Not later than 15 days after the end of 
each fiscal year quarter (beginning with the first quarter of fiscal 
year 2006), the Secretary of Defense shall submit to the congressional 
defense committees a report regarding the source of funds and the 
allocation and use of funds during that quarter that were made 
available pursuant to the authority provided in this section or under 
any other provision of law for the purposes of the programs under 
subsection (a).
    Sec. 9008. Amounts provided in this title for operations in Iraq 
and Afghanistan may be used by the Department of Defense for the 
purchase of heavy and light armored vehicles for force protection 
purposes, notwithstanding price or other limitations specified 
elsewhere in this Act, or any other provision of law: Provided, That 
the Secretary of Defense shall submit a report in writing no later than 
30 days after the end of each fiscal quarter notifying the 
congressional defense committees of any purchase described in this 
section, including the cost, purposes, and quantities of vehicles 
purchased.
    Sec. 9009. During the current fiscal year, funds available to the 
Department of Defense for operation and maintenance may be used, 
notwithstanding any other provision of law, to provide supplies, 
services, transportation, including airlift and sealift, and other 
logistical support to coalition forces supporting military and 
stability operations in Iraq and Afghanistan: Provided, That the 
Secretary of Defense shall provide quarterly reports to the 
congressional defense committees regarding support provided under this 
section.
    Sec. 9010. (a) Not later than 60 days after the date of the 
enactment of this Act and every 90 days thereafter through the end of 
fiscal year 2006, the Secretary of Defense shall set forth in a report 
to Congress a comprehensive set of performance indicators and measures 
for progress toward military and political stability in Iraq.
    (b) The report shall include performance standards and goals for 
security, economic, and security force training objectives in Iraq 
together with a notional timetable for achieving these goals.
    (c) In specific, the report requires, at a minimum, the following:
            (1) With respect to stability and security in Iraq, the 
        following:
                    (A) Key measures of political stability, including 
                the important political milestones that must be 
                achieved over the next several years.
                    (B) The primary indicators of a stable security 
                environment in Iraq, such as number of engagements per 
                day, numbers of trained Iraqi forces, and trends 
                relating to numbers and types of ethnic and religious-
                based hostile encounters.
                    (C) An assessment of the estimated strength of the 
                insurgency in Iraq and the extent to which it is 
                composed of non-Iraqi fighters.
                    (D) A description of all militias operating in 
                Iraq, including the number, size, equipment strength, 
                military effectiveness, sources of support, legal 
                status, and efforts to disarm or reintegrate each 
                militia.
                    (E) Key indicators of economic activity that should 
                be considered the most important for determining the 
                prospects of stability in Iraq, including--
                            (i) unemployment levels;
                            (ii) electricity, water, and oil production 
                        rates; and
                            (iii) hunger and poverty levels.
                    (F) The criteria the Administration will use to 
                determine when it is safe to begin withdrawing United 
                States forces from Iraq.
            (2) With respect to the training and performance of 
        security forces in Iraq, the following:
                    (A) The training provided Iraqi military and other 
                Ministry of Defense forces and the equipment used by 
                such forces.
                    (B) Key criteria for assessing the capabilities and 
                readiness of the Iraqi military and other Ministry of 
                Defense forces, goals for achieving certain capability 
                and readiness levels (as well as for recruiting, 
                training, and equipping these forces), and the 
                milestones and notional timetable for achieving these 
                goals.
                    (C) The operational readiness status of the Iraqi 
                military forces, including the type, number, size, and 
                organizational structure of Iraqi battalions that are--
                            (i) capable of conducting counterinsurgency 
                        operations independently;
                            (ii) capable of conducting 
                        counterinsurgency operations with the support 
                        of United States or coalition forces; or
                            (iii) not ready to conduct 
                        counterinsurgency operations.
                    (D) The rates of absenteeism in the Iraqi military 
                forces and the extent to which insurgents have 
                infiltrated such forces.
                    (E) The training provided Iraqi police and other 
                Ministry of Interior forces and the equipment used by 
                such forces.
                    (F) Key criteria for assessing the capabilities and 
                readiness of the Iraqi police and other Ministry of 
                Interior forces, goals for achieving certain capability 
                and readiness levels (as well as for recruiting, 
                training, and equipping), and the milestones and 
                notional timetable for achieving these goals, 
                including--
                            (i) the number of police recruits that have 
                        received classroom training and the duration of 
                        such instruction;
                            (ii) the number of veteran police officers 
                        who have received classroom instruction and the 
                        duration of such instruction;
                            (iii) the number of police candidates 
                        screened by the Iraqi Police Screening Service, 
                        the number of candidates derived from other 
                        entry procedures, and the success rates of 
                        those groups of candidates;
                            (iv) the number of Iraqi police forces who 
                        have received field training by international 
                        police trainers and the duration of such 
                        instruction; and
                            (v) attrition rates and measures of 
                        absenteeism and infiltration by insurgents.
                    (G) The estimated total number of Iraqi battalions 
                needed for the Iraqi security forces to perform duties 
                now being undertaken by coalition forces, including 
                defending the borders of Iraq and providing adequate 
                levels of law and order throughout Iraq.
                    (H) The effectiveness of the Iraqi military and 
                police officer cadres and the chain of command.
                    (I) The number of United States and coalition 
                advisors needed to support the Iraqi security forces 
                and associated ministries.
                    (J) An assessment, in a classified annex if 
                necessary, of United States military requirements, 
                including planned force rotations, through the end of 
                calendar year 2006.
    Sec. 9011. Congress, consistent with international and United 
States law, reaffirms that torture of prisoners of war and detainees is 
illegal and does not reflect the policies of the United States 
Government or the values of the people of the United States.
    Sec. 9012. Supervision and administration costs associated with a 
construction project funded with appropriations available for operation 
and maintenance, and executed in direct support of the Global War on 
Terrorism only in Iraq and Afghanistan, may be obligated at the time a 
construction contract is awarded: Provided, That for the purpose of 
this section, supervision and administration costs include all in-house 
Government cost.
    Sec. 9013. Amounts appropriated or otherwise made available in this 
title are designated as making appropriations for contingency 
operations related to the global war on terrorism pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2006.
    This Act may be cited as the ``Department of Defense Appropriations 
Act, 2006''.

            Attest:

                                                             Secretary.
109th CONGRESS

  1st Session

                               H. R. 2863

_______________________________________________________________________

                               AMENDMENT
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