IIB 

109TH CONGRESS 

1ST SESSION H. R. 2863

IN THE SENATE OF THE UNITED STATES 

JUNE 21, 2005

Received; read twice and referred to the Committee on Appropriations 

AN ACT

Making appropriations for the Department of Defense for 

the fiscal year ending September 30, 2006, and for other 

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 That the following sums are appropriated, out of any 

2 money in the Treasury not otherwise appropriated, for the 

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

5 other purposes, namely: 

6 TITLE I 

7 MILITARY PERSONNEL 

8 MILITARY PERSONNEL, ARMY

9 For pay, allowances, individual clothing, subsistence, 

10 interest on deposits, gratuities, permanent change of sta11 tion travel (including all expenses thereof for organiza12 tional movements), and expenses of temporary duty travel 

13 between permanent duty stations, for members of the 

14 Army on active duty, (except members of reserve compo15 nents provided for elsewhere), cadets, and aviation cadets; 

16 for members of the Reserve Officers’ Training Corps; and 

17 for payments pursuant to section 156 of Public Law 97–

18 377, as amended (42 U.S.C. 402 note), and to the Depart19 ment of Defense Military Retirement Fund, 

20 $24,357,895,000. 

21 MILITARY PERSONNEL, NAVY

22 For pay, allowances, individual clothing, subsistence, 

23 interest on deposits, gratuities, permanent change of sta24 tion travel (including all expenses thereof for organiza25 tional movements), and expenses of temporary duty travel 
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1 between permanent duty stations, for members of the 

2 Navy on active duty (except members of the Reserve pro3 vided for elsewhere), midshipmen, and aviation cadets; for 

4 members of the Reserve Officers’ Training Corps; and for 

5 payments pursuant to section 156 of Public Law 97–377, 

6 as amended (42 U.S.C. 402 note), and to the Department 

7 of Defense Military Retirement Fund, $19,417,696,000. 

8 MILITARY PERSONNEL, MARINE CORPS

9 For pay, allowances, individual clothing, subsistence, 

10 interest on deposits, gratuities, permanent change of sta11 tion travel (including all expenses thereof for organiza12 tional movements), and expenses of temporary duty travel 

13 between permanent duty stations, for members of the Ma14 rine Corps on active duty (except members of the Reserve 

15 provided for elsewhere); and for payments pursuant to sec16 tion 156 of Public Law 97–377, as amended (42 U.S.C. 

17 402 note), and to the Department of Defense Military Re18 tirement Fund, $7,839,813,000. 

19 MILITARY PERSONNEL, AIR FORCE

20 For pay, allowances, individual clothing, subsistence, 

21 interest on deposits, gratuities, permanent change of sta22 tion travel (including all expenses thereof for organiza23 tional movements), and expenses of temporary duty travel 

24 between permanent duty stations, for members of the Air 

25 Force on active duty (except members of reserve compo-
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1 nents provided for elsewhere), cadets, and aviation cadets; 

2 for members of the Reserve Officers’ Training Corps; and 

3 for payments pursuant to section 156 of Public Law 97–

4 377, as amended (42 U.S.C. 402 note), and to the Depart5 ment of Defense Military Retirement Fund, 

6 $20,083,037,000. 

7 RESERVE PERSONNEL, ARMY

8 For pay, allowances, clothing, subsistence, gratuities, 

9 travel, and related expenses for personnel of the Army Re10 serve on active duty under sections 10211, 10302, and 

11 3038 of title 10, United States Code, or while serving on 

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

13 States Code, in connection with performing duty specified 

14 in section 12310(a) of title 10, United States Code, or 

15 while undergoing reserve training, or while performing 

16 drills or equivalent duty or other duty, and expenses au17 thorized by section 16131 of title 10, United States Code; 

18 and for payments to the Department of Defense Military 

19 Retirement Fund, $2,862,103,000. 

20 RESERVE PERSONNEL, NAVY

21 For pay, allowances, clothing, subsistence, gratuities, 

22 travel, and related expenses for personnel of the Navy Re23 serve on active duty under section 10211 of title 10, 

24 United States Code, or while serving on active duty under 

25 section 12301(d) of title 10, United States Code, in con-
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1 nection with performing duty specified in section 12310(a) 

2 of title 10, United States Code, or while undergoing re3 serve training, or while performing drills or equivalent 

4 duty, and expenses authorized by section 16131 of title 

5 10, United States Code; and for payments to the Depart6 ment of Defense Military Retirement Fund, 

7 $1,486,061,000. 

8 RESERVE PERSONNEL, MARINE CORPS

9 For pay, allowances, clothing, subsistence, gratuities, 

10 travel, and related expenses for personnel of the Marine 

11 Corps Reserve on active duty under section 10211 of title 

12 10, United States Code, or while serving on active duty 

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

14 in connection with performing duty specified in section 

15 12310(a) of title 10, United States Code, or while under16 going reserve training, or while performing drills or equiv17 alent duty, and for members of the Marine Corps platoon 

18 leaders class, and expenses authorized by section 16131 

19 of title 10, United States Code; and for payments to the 

20 Department of Defense Military Retirement Fund, 

21 $472,392,000. 

22 RESERVE PERSONNEL, AIR FORCE

23 For pay, allowances, clothing, subsistence, gratuities, 

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

25 Reserve on active duty under sections 10211, 10305, and 
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1 8038 of title 10, United States Code, or while serving on 

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

3 States Code, in connection with performing duty specified 

4 in section 12310(a) of title 10, United States Code, or 

5 while undergoing reserve training, or while performing 

6 drills or equivalent duty or other duty, and expenses au7 thorized by section 16131 of title 10, United States Code; 

8 and for payments to the Department of Defense Military 

9 Retirement Fund, $1,225,360,000. 

10 NATIONAL GUARD PERSONNEL, ARMY

11 For pay, allowances, clothing, subsistence, gratuities, 

12 travel, and related expenses for personnel of the Army Na13 tional Guard while on duty under section 10211, 10302, 

14 or 12402 of title 10 or section 708 of title 32, United 

15 States Code, or while serving on duty under section 

16 12301(d) of title 10 or section 502(f) of title 32, United 

17 States Code, in connection with performing duty specified 

18 in section 12310(a) of title 10, United States Code, or 

19 while undergoing training, or while performing drills or 

20 equivalent duty or other duty, and expenses authorized by 

21 section 16131 of title 10, United States Code; and for pay22 ments to the Department of Defense Military Retirement 

23 Fund, $4,359,704,000. 
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1 NATIONAL GUARD PERSONNEL, AIR FORCE

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

3 travel, and related expenses for personnel of the Air Na4 tional Guard on duty under section 10211, 10305, or 

5 12402 of title 10 or section 708 of title 32, United States 

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

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

8 in connection with performing duty specified in section 

9 12310(a) of title 10, United States Code, or while under10 going training, or while performing drills or equivalent 

11 duty or other duty, and expenses authorized by section 

12 16131 of title 10, United States Code; and for payments 

13 to the Department of Defense Military Retirement Fund, 

14 $2,028,215,000. 

15 TITLE II 

16 OPERATION AND MAINTENANCE 

17 OPERATION AND MAINTENANCE, ARMY

18 (INCLUDING TRANSFER OF FUNDS)

19 For expenses, not otherwise provided for, necessary 

20 for the operation and maintenance of the Army, as author21 ized by law; and not to exceed $11,478,000 can be used 

22 for emergencies and extraordinary expenses, to be ex23 pended on the approval or authority of the Secretary of 

24 the Army, and payments may be made on his certificate 

25 of necessity for confidential military purposes, 
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1 $22,432,727,000: Provided, That of funds made available 

2 under this heading, $2,500,000 shall be available for Fort 

3 Baker, in accordance with the terms and conditions as 

4 provided under the heading ‘‘Operation and Maintenance, 

5 Army’’, in Public Law 107–117. 

6 OPERATION AND MAINTENANCE, NAVY

7 For expenses, not otherwise provided for, necessary 

8 for the operation and maintenance of the Navy and the 

9 Marine Corps, as authorized by law; and not to exceed 

10 $6,003,000 can be used for emergencies and extraordinary 

11 expenses, to be expended on the approval or authority of 

12 the Secretary of the Navy, and payments may be made 

13 on his certificate of necessity for confidential military pur14 poses, $28,719,818,000. 

15 OPERATION AND MAINTENANCE, MARINE CORPS

16 For expenses, not otherwise provided for, necessary 

17 for the operation and maintenance of the Marine Corps, 

18 as authorized by law, $3,123,766,000. 

19 OPERATION AND MAINTENANCE, AIR FORCE

20 For expenses, not otherwise provided for, necessary 

21 for the operation and maintenance of the Air Force, as 

22 authorized by law; and not to exceed $7,699,000 can be 

23 used for emergencies and extraordinary expenses, to be ex24 pended on the approval or authority of the Secretary of 

25 the Air Force, and payments may be made on his certifi-
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1 cate of necessity for confidential military purposes, 

2 $28,659,373,000. 

3 OPERATION AND MAINTENANCE, DEFENSE-WIDE

4 (INCLUDING TRANSFER OF FUNDS)

5 For expenses, not otherwise provided for, necessary 

6 for the operation and maintenance of activities and agen7 cies of the Department of Defense (other than the military 

8 departments), as authorized by law, $18,323,516,000: 

9 Provided, That not more than $25,000,000 may be used 

10 for the Combatant Commander Initiative Fund authorized 

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

12 of which not to exceed $40,000,000 can be used for emer13 gencies and extraordinary expenses, to be expended on the 

14 approval or authority of the Secretary of Defense, and 

15 payments may be made on his certificate of necessity for 

16 confidential military purposes: Provided further, That not17 withstanding any other provision of law, of the funds pro18 vided in this Act for Civil Military programs under this 

19 heading, $500,000 shall be available for a grant for Out20 door Odyssey, Roaring Run, Pennsylvania, to support the 

21 Youth Development and Leadership program and Depart22 ment of Defense STARBASE program: Provided further, 

23 That of the funds made available under this heading, 

24 $5,000,000 is available for contractor support to coordi25 nate a wind test demonstration project on an Air Force 
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1 installation using wind turbines manufactured in the 

2 United States that are new to the United States market 

3 and to execute the renewable energy purchasing plan: Pro4 vided further, That none of the funds appropriated or oth5 erwise made available by this Act may be used to plan 

6 or implement the consolidation of a budget or appropria7 tions liaison office of the Office of the Secretary of De8 fense, the office of the Secretary of a military department, 

9 or the service headquarters of one of the Armed Forces 

10 into a legislative affairs or legislative liaison office: Pro11 vided further, That $4,000,000, to remain available until 

12 expended, is available only for expenses relating to certain 

13 classified activities, and may be transferred as necessary 

14 by the Secretary to operation and maintenance appropria15 tions or research, development, test and evaluation appro16 priations, to be merged with and to be available for the 

17 same time period as the appropriations to which trans18 ferred: Provided further, That any ceiling on the invest19 ment item unit cost of items that may be purchased with 

20 operation and maintenance funds shall not apply to the 

21 funds described in the preceding proviso: Provided further, 

22 That the transfer authority provided under this heading 

23 is in addition to any other transfer authority provided else24 where in this Act. 
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1 OPERATION AND MAINTENANCE, ARMY RESERVE

2 For expenses, not otherwise provided for, necessary 

3 for the operation and maintenance, including training, or4 ganization, and administration, of the Army Reserve; re5 pair of facilities and equipment; hire of passenger motor 

6 vehicles; travel and transportation; care of the dead; re7 cruiting; procurement of services, supplies, and equip8 ment; and communications, $1,791,212,000. 

9 OPERATION AND MAINTENANCE, NAVY RESERVE

10 For expenses, not otherwise provided for, necessary 

11 for the operation and maintenance, including training, or12 ganization, and administration, of the Navy Reserve; re13 pair of facilities and equipment; hire of passenger motor 

14 vehicles; travel and transportation; care of the dead; re15 cruiting; procurement of services, supplies, and equip16 ment; and communications, $1,178,607,000. 

17 OPERATION AND MAINTENANCE, MARINE CORPS

18 RESERVE

19 For expenses, not otherwise provided for, necessary 

20 for the operation and maintenance, including training, or21 ganization, and administration, of the Marine Corps Re22 serve; repair of facilities and equipment; hire of passenger 

23 motor vehicles; travel and transportation; care of the dead; 

24 recruiting; procurement of services, supplies, and equip25 ment; and communications, $199,929,000. 
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1 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

2 For expenses, not otherwise provided for, necessary 

3 for the operation and maintenance, including training, or4 ganization, and administration, of the Air Force Reserve; 

5 repair of facilities and equipment; hire of passenger motor 

6 vehicles; travel and transportation; care of the dead; re7 cruiting; procurement of services, supplies, and equip8 ment; and communications, $2,465,122,000. 

9 OPERATION AND MAINTENANCE, ARMY NATIONAL

10 GUARD

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

13 hospital treatment and related expenses in non-Federal 

14 hospitals; maintenance, operation, and repairs to struc15 tures and facilities; hire of passenger motor vehicles; per16 sonnel services in the National Guard Bureau; travel ex17 penses (other than mileage), as authorized by law for 

18 Army personnel on active duty, for Army National Guard 

19 division, regimental, and battalion commanders while in20 specting units in compliance with National Guard Bureau 

21 regulations when specifically authorized by the Chief, Na22 tional Guard Bureau; supplying and equipping the Army 

23 National Guard as authorized by law; and expenses of re24 pair, modification, maintenance, and issue of supplies and 

25 equipment (including aircraft), $4,142,875,000. 
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1 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

2 For expenses of training, organizing, and admin3 istering the Air National Guard, including medical and 

4 hospital treatment and related expenses in non-Federal 

5 hospitals; maintenance, operation, and repairs to struc6 tures and facilities; transportation of things, hire of pas7 senger motor vehicles; supplying and equipping the Air 

8 National Guard, as authorized by law; expenses for repair, 

9 modification, maintenance, and issue of supplies and 

10 equipment, including those furnished from stocks under 

11 the control of agencies of the Department of Defense; 

12 travel expenses (other than mileage) on the same basis as 

13 authorized by law for Air National Guard personnel on 

14 active Federal duty, for Air National Guard commanders 

15 while inspecting units in compliance with National Guard 

16 Bureau regulations when specifically authorized by the 

17 Chief, National Guard Bureau, $4,547,515,000. 

18 OVERSEAS CONTINGENCY OPERATIONS TRANSFER

19 ACCOUNT

20 (INCLUDING TRANSFER OF FUNDS)

21 For expenses directly relating to Overseas Contin22 gency Operations by United States military forces, 

23 $20,000,000, to remain available until expended: Pro24 vided, That the Secretary of Defense may transfer these 

25 funds only to military personnel accounts; operation and 
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1 maintenance accounts within this title; procurement ac2 counts; research, development, test and evaluation ac3 counts; and to working capital funds: Provided further, 

4 That the funds transferred shall be merged with and shall 

5 be available for the same purposes and for the same time 

6 period, as the appropriation to which transferred: Pro7 vided further, That upon a determination that all or part 

8 of the funds transferred from this appropriation are not 

9 necessary for the purposes provided herein, such amounts 

10 may be transferred back to this appropriation: Provided 

11 further, That the transfer authority provided in this para12 graph is in addition to any other transfer authority con13 tained elsewhere in this Act. 

14 UNITED STATES COURT OF APPEALS FOR THE ARMED

15 FORCES

16 For salaries and expenses necessary for the United 

17 States Court of Appeals for the Armed Forces, 

18 $11,236,000, of which not to exceed $5,000 may be used 

19 for official representation purposes. 

20 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

21 For expenses relating to the Overseas Humanitarian, 

22 Disaster, and Civic Aid programs of the Department of 

23 Defense (consisting of the programs provided under sec24 tions 401, 402, 404, 2557, and 2561 of title 10, United 
15

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1 States Code), $61,546,000, to remain available until Sep2 tember 30, 2007. 

3 FORMER SOVIET UNION THREAT REDUCTION ACCOUNT

4 For assistance to the republics of the former Soviet 

5 Union, including assistance provided by contract or by 

6 grants, for facilitating the elimination and the safe and 

7 secure transportation and storage of nuclear, chemical and 

8 other weapons; for establishing programs to prevent the 

9 proliferation of weapons, weapons components, and weap10 on-related technology and expertise; for programs relating 

11 to the training and support of defense and military per12 sonnel for demilitarization and protection of weapons, 

13 weapons components and weapons technology and exper14 tise, and for defense and military contacts, $415,549,000, 

15 to remain available until September 30, 2008. 

16 TITLE III 

17 PROCUREMENT 

18 AIRCRAFT PROCUREMENT, ARMY

19 For construction, procurement, production, modifica20 tion, and modernization of aircraft, equipment, including 

21 ordnance, ground handling equipment, spare parts, and 

22 accessories therefor; specialized equipment and training 

23 devices; expansion of public and private plants, including 

24 the land necessary therefor, for the foregoing purposes, 

25 and such lands and interests therein, may be acquired, 
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1 and construction prosecuted thereon prior to approval of 

2 title; and procurement and installation of equipment, ap3 pliances, and machine tools in public and private plants; 

4 reserve plant and Government and contractor-owned 

5 equipment layaway; and other expenses necessary for the 

6 foregoing purposes, $2,879,380,000, to remain available 

7 for obligation until September 30, 2008, of which 

8 $203,500,000 shall be available for the Army National 

9 Guard and Army Reserve: Provided, That $75,000,000 of 

10 the funds provided in this paragraph are available only 

11 for the purpose of acquiring four (4) HH–60L medical 

12 evacuation variant Blackhawk helicopters for the C/1–

13 159th Aviation Regiment (Army Reserve): Provided fur14 ther, That three (3) UH–60 Blackhawk helicopters in ad15 dition to those referred to in the preceding proviso shall 

16 be available only for the C/1–159th Aviation Regiment 

17 (Army Reserve). 

18 MISSILE PROCUREMENT, ARMY

19 For construction, procurement, production, modifica20 tion, and modernization of missiles, equipment, including 

21 ordnance, ground handling equipment, spare parts, and 

22 accessories therefor; specialized equipment and training 

23 devices; expansion of public and private plants, including 

24 the land necessary therefor, for the foregoing purposes, 

25 and such lands and interests therein, may be acquired, 
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1 and construction prosecuted thereon prior to approval of 

2 title; and procurement and installation of equipment, ap3 pliances, and machine tools in public and private plants; 

4 reserve plant and Government and contractor-owned 

5 equipment layaway; and other expenses necessary for the 

6 foregoing purposes, $1,239,350,000, to remain available 

7 for obligation until September 30, 2008, of which 

8 $150,000,000 shall be available for the Army National 

9 Guard and Army Reserve. 

10 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

11 VEHICLES, ARMY

12 For construction, procurement, production, and 

13 modification of weapons and tracked combat vehicles, 

14 equipment, including ordnance, spare parts, and acces15 sories therefor; specialized equipment and training devices; 

16 expansion of public and private plants, including the land 

17 necessary therefor, for the foregoing purposes, and such 

18 lands and interests therein, may be acquired, and con19 struction prosecuted thereon prior to approval of title; and 

20 procurement and installation of equipment, appliances, 

21 and machine tools in public and private plants; reserve 

22 plant and Government and contractor-owned equipment 

23 layaway; and other expenses necessary for the foregoing 

24 purposes, $1,670,949,000, to remain available for obliga25 tion until September 30, 2008, of which $614,800,000 
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1 shall be available for the Army National Guard and Army 

2 Reserve. 

3 PROCUREMENT OF AMMUNITION, ARMY

4 For construction, procurement, production, and 

5 modification of ammunition, and accessories therefor; spe6 cialized equipment and training devices; expansion of pub7 lic and private plants, including ammunition facilities, au8 thorized by section 2854 of title 10, United States Code, 

9 and the land necessary therefor, for the foregoing pur10 poses, and such lands and interests therein, may be ac11 quired, and construction prosecuted thereon prior to ap12 proval of title; and procurement and installation of equip13 ment, appliances, and machine tools in public and private 

14 plants; reserve plant and Government and contractor15 owned equipment layaway; and other expenses necessary 

16 for the foregoing purposes, $1,753,152,000, to remain 

17 available for obligation until September 30, 2008, of which 

18 $119,000,000 shall be available for the Army National 

19 Guard and Army Reserve.

20 OTHER PROCUREMENT, ARMY

21 For construction, procurement, production, and 

22 modification of vehicles, including tactical, support, and 

23 non-tracked combat vehicles; the purchase of passenger 

24 motor vehicles for replacement only; communications and 

25 electronic equipment; other support equipment; spare 
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1 parts, ordnance, and accessories therefor; specialized 

2 equipment and training devices; expansion of public and 

3 private plants, including the land necessary therefor, for 

4 the foregoing purposes, and such lands and interests 

5 therein, may be acquired, and construction prosecuted 

6 thereon prior to approval of title; and procurement and 

7 installation of equipment, appliances, and machine tools 

8 in public and private plants; reserve plant and Govern9 ment and contractor-owned equipment layaway; and other 

10 expenses necessary for the foregoing purposes, 

11 $4,491,634,000, to remain available for obligation until 

12 September 30, 2008, of which $765,400,000 shall be 

13 available for the Army National Guard and Army Reserve. 

14 AIRCRAFT PROCUREMENT, NAVY

15 For construction, procurement, production, modifica16 tion, and modernization of aircraft, equipment, including 

17 ordnance, spare parts, and accessories therefor; specialized 

18 equipment; expansion of public and private plants, includ19 ing the land necessary therefor, and such lands and inter20 ests therein, may be acquired, and construction prosecuted 

21 thereon prior to approval of title; and procurement and 

22 installation of equipment, appliances, and machine tools 

23 in public and private plants; reserve plant and Govern24 ment and contractor-owned equipment layaway, 

25 $9,776,440,000, to remain available for obligation until 
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1 September 30, 2008, of which $57,779,000 shall be avail2 able for the Navy Reserve and the Marine Corps Reserve. 

3 WEAPONS PROCUREMENT, NAVY

4 For construction, procurement, production, modifica5 tion, and modernization of missiles, torpedoes, other weap6 ons, and related support equipment including spare parts, 

7 and accessories therefor; expansion of public and private 

8 plants, including the land necessary therefor, and such 

9 lands and interests therein, may be acquired, and con10 struction prosecuted thereon prior to approval of title; and 

11 procurement and installation of equipment, appliances, 

12 and machine tools in public and private plants; reserve 

13 plant and Government and contractor-owned equipment 

14 layaway, $2,596,781,000, to remain available for obliga15 tion until September 30, 2008. 

16 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

17 CORPS

18 For construction, procurement, production, and 

19 modification of ammunition, and accessories therefor; spe20 cialized equipment and training devices; expansion of pub21 lic and private plants, including ammunition facilities, au22 thorized by section 2854 of title 10, United States Code 

23 and the land necessary therefor, for the foregoing pur24 poses, and such lands and interests therein, may be ac25 quired, and construction prosecuted thereon prior to ap-
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1 proval of title; and procurement and installation of equip2 ment, appliances, and machine tools in public and private 

3 plants; reserve plant and Government and contractor4 owned equipment layaway; and other expenses necessary 

5 for the foregoing purposes, $885,170,000, to remain avail6 able for obligation until September 30, 2008, of which 

7 $19,562,000 shall be available for the Navy Reserve and 

8 Marine Corps Reserve. 

9 SHIPBUILDING AND CONVERSION, NAVY

10 For expenses necessary for the construction, acquisi11 tion, or conversion of vessels as authorized by law, includ12 ing armor and armament thereof, plant equipment, appli13 ances, and machine tools and installation thereof in public 

14 and private plants; reserve plant and Government and con15 tractor-owned equipment layaway; procurement of critical, 

16 long leadtime components and designs for vessels to be 

17 constructed or converted in the future; and expansion of 

18 public and private plants, including land necessary there19 for, and such lands and interests therein, may be acquired, 

20 and construction prosecuted thereon prior to approval of 

21 title, as follows: 

22 Carrier Replacement Program (AP), $564,913,000. 

23 Virginia Class Submarine, $1,637,698,000. 

24 Virginia Class Submarine (AP), $763,786,000. 

25 SSGN Conversion, $286,516,000. 
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1 CVN Refueling Overhauls, $1,300,000,000. 

2 CVN Refueling Overhauls (AP), $20,000,000. 

3 SSN Engineered Refueling Overhauls (AP), 

4 $39,524,000. 

5 SSBN Engineered Refueling Overhauls, 

6 $230,193,000. 

7 SSBN Engineered Refueling Overhauls (AP), 

8 $62,248,000. 

9 DDG–51 Destroyer, $1,550,000,000. 

10 DDG–51 Destroyer Modernization, $50,000,000. 

11 Littoral Combat Ship, $440,000,000. 

12 LHD–1, $197,769,000. 

13 LPD–17, $1,344,741,000. 

14 LHA–R (AP), $200,447,000. 

15 Service Craft, $46,000,000. 

16 LCAC Service Life Extension Program, 

17 $100,000,000. 

18 Prior year shipbuilding costs, $394,523,000. 

19 Outfitting, post delivery, conversions, and first des20 tination transportation, $385,000,000. 

21 In all: $9,613,358,000, to remain available for obliga22 tion until September 30, 2010: Provided, That additional 

23 obligations may be incurred after September 30, 2010, for 

24 engineering services, tests, evaluations, and other such 

25 budgeted work that must be performed in the final stage 
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1 of ship construction: Provided further, That none of the 

2 funds provided under this heading for the construction or 

3 conversion of any naval vessel to be constructed in ship4 yards in the United States shall be expended in foreign 

5 facilities for the construction of major components of such 

6 vessel: Provided further, That none of the funds provided 

7 under this heading shall be used for the construction of 

8 any naval vessel in foreign shipyards. 

9 OTHER PROCUREMENT, NAVY

10 For procurement, production, and modernization of 

11 support equipment and materials not otherwise provided 

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

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

14 of passenger motor vehicles for replacement only; expan15 sion of public and private plants, including the land nec16 essary therefor, and such lands and interests therein, may 

17 be acquired, and construction prosecuted thereon prior to 

18 approval of title; and procurement and installation of 

19 equipment, appliances, and machine tools in public and 

20 private plants; reserve plant and Government and con21 tractor-owned equipment layaway, $5,461,196,000, to re22 main available for obligation until September 30, 2008, 

23 of which $43,712,000 shall be available for the Navy Re24 serve and Marine Corps Reserve. 
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1 PROCUREMENT, MARINE CORPS

2 For expenses necessary for the procurement, manu3 facture, and modification of missiles, armament, military 

4 equipment, spare parts, and accessories therefor; plant 

5 equipment, appliances, and machine tools, and installation 

6 thereof in public and private plants; reserve plant and 

7 Government and contractor-owned equipment layaway; ve8 hicles for the Marine Corps, including the purchase of pas9 senger motor vehicles for replacement only; and expansion 

10 of public and private plants, including land necessary 

11 therefor, and such lands and interests therein, may be ac12 quired, and construction prosecuted thereon prior to ap13 proval of title, $1,426,405,000, to remain available for ob14 ligation until September 30, 2008. 

15 AIRCRAFT PROCUREMENT, AIR FORCE

16 For construction, procurement, and modification of 

17 aircraft and equipment, including armor and armament, 

18 specialized ground handling equipment, and training de19 vices, spare parts, and accessories therefor; specialized 

20 equipment; expansion of public and private plants, Gov21 ernment-owned equipment and installation thereof in such 

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

23 the foregoing purposes, and such lands and interests 

24 therein, may be acquired, and construction prosecuted 

25 thereon prior to approval of title; reserve plant and Gov-
25

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1 ernment and contractor-owned equipment layaway; and 

2 other expenses necessary for the foregoing purposes in3 cluding rents and transportation of things, 

4 $12,424,298,000, to remain available for obligation until 

5 September 30, 2008, of which $380,000,000 shall be 

6 available for the Air National Guard and Air Force Re7 serve. 

8 MISSILE PROCUREMENT, AIR FORCE

9 For construction, procurement, and modification of 

10 missiles, spacecraft, rockets, and related equipment, in11 cluding spare parts and accessories therefor, ground han12 dling equipment, and training devices; expansion of public 

13 and private plants, Government-owned equipment and in14 stallation thereof in such plants, erection of structures, 

15 and acquisition of land, for the foregoing purposes, and 

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

17 construction prosecuted thereon prior to approval of title; 

18 reserve plant and Government and contractor-owned 

19 equipment layaway; and other expenses necessary for the 

20 foregoing purposes including rents and transportation of 

21 things, $5,062,949,000, to remain available for obligation 

22 until September 30, 2008. 

23 PROCUREMENT OF AMMUNITION, AIR FORCE

24 For construction, procurement, production, and 

25 modification of ammunition, and accessories therefor; spe-
26

HR 2863 RFS 

1 cialized equipment and training devices; expansion of pub2 lic and private plants, including ammunition facilities, au3 thorized by section 2854 of title 10, United States Code, 

4 and the land necessary therefor, for the foregoing pur5 poses, and such lands and interests therein, may be ac6 quired, and construction prosecuted thereon prior to ap7 proval of title; and procurement and installation of equip8 ment, appliances, and machine tools in public and private 

9 plants; reserve plant and Government and contractor10 owned equipment layaway; and other expenses necessary 

11 for the foregoing purposes, $1,031,907,000, to remain 

12 available for obligation until September 30, 2008, of which 

13 $164,800,000 shall be available for the Air National 

14 Guard and Air Force Reserve. 

15 OTHER PROCUREMENT, AIR FORCE

16 For procurement and modification of equipment (in17 cluding ground guidance and electronic control equipment, 

18 and ground electronic and communication equipment), 

19 and supplies, materials, and spare parts therefor, not oth20 erwise provided for; the purchase of passenger motor vehi21 cles for replacement only; lease of passenger motor vehi22 cles; and expansion of public and private plants, Govern23 ment-owned equipment and installation thereof in such 

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

25 the foregoing purposes, and such lands and interests 
27

HR 2863 RFS 

1 therein, may be acquired, and construction prosecuted 

2 thereon, prior to approval of title; reserve plant and Gov3 ernment and contractor-owned equipment layaway, 

4 $13,737,214,000, to remain available for obligation until 

5 September 30, 2008, of which $135,800,000 shall be 

6 available for the Air National Guard and Air Force Re7 serve.

8 PROCUREMENT, DEFENSE-WIDE

9 For expenses of activities and agencies of the Depart10 ment of Defense (other than the military departments) 

11 necessary for procurement, production, and modification 

12 of equipment, supplies, materials, and spare parts there13 for, not otherwise provided for; the purchase of passenger 

14 motor vehicles for replacement only; expansion of public 

15 and private plants, equipment, and installation thereof in 

16 such plants, erection of structures, and acquisition of land 

17 for the foregoing purposes, and such lands and interests 

18 therein, may be acquired, and construction prosecuted 

19 thereon prior to approval of title; reserve plant and Gov20 ernment and contractor-owned equipment layaway, 

21 $2,728,130,000, to remain available for obligation until 

22 September 30, 2008. 

23 DEFENSE PRODUCTION ACT PURCHASES

24 For activities by the Department of Defense pursuant 

25 to sections 108, 301, 302, and 303 of the Defense Produc-
28

HR 2863 RFS 

1 tion Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 

2 2093), $28,573,000, to remain available until expended. 

3 TITLE IV 

4 RESEARCH, DEVELOPMENT, TEST AND 

5 EVALUATION 

6 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

7 ARMY

8 For expenses necessary for basic and applied sci9 entific research, development, test and evaluation, includ10 ing maintenance, rehabilitation, lease, and operation of fa11 cilities and equipment, $10,827,174,000 (reduced by 

12 $10,000,000) (increased by $10,000,000), to remain avail13 able for obligation until September 30, 2007. 

14 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

15 NAVY

16 For expenses necessary for basic and applied sci17 entific research, development, test and evaluation, includ18 ing maintenance, rehabilitation, lease, and operation of fa19 cilities and equipment, $18,481,862,000, to remain avail20 able for obligation until September 30, 2007: Provided, 

21 That funds appropriated in this paragraph which are 

22 available for the V–22 may be used to meet unique oper23 ational requirements of the Special Operations Forces: 

24 Provided further, That funds appropriated in this para25 graph shall be available for the Cobra Judy program. 
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HR 2863 RFS 

1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

2 AIR FORCE

3 For expenses necessary for basic and applied sci4 entific research, development, test and evaluation, includ5 ing maintenance, rehabilitation, lease, and operation of fa6 cilities and equipment, $22,664,868,000, to remain avail7 able for obligation until September 30, 2007. 

8 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

9 DEFENSE-WIDE

10 For expenses of activities and agencies of the Depart11 ment of Defense (other than the military departments), 

12 necessary for basic and applied scientific research, devel13 opment, test and evaluation; advanced research projects 

14 as may be designated and determined by the Secretary 

15 of Defense, pursuant to law; maintenance, rehabilitation, 

16 lease, and operation of facilities and equipment, 

17 $19,514,530,000, to remain available for obligation until 

18 September 30, 2007. 

19 OPERATIONAL TEST AND EVALUATION, DEFENSE

20 For expenses, not otherwise provided for, necessary 

21 for the independent activities of the Director, Operational 

22 Test and Evaluation, in the direction and supervision of 

23 operational test and evaluation, including initial oper24 ational test and evaluation which is conducted prior to, 

25 and in support of, production decisions; joint operational 
30

HR 2863 RFS 

1 testing and evaluation; and administrative expenses in 

2 connection therewith, $168,458,000, to remain available 

3 for obligation until September 30, 2007. 

4 TITLE V 

5 REVOLVING AND MANAGEMENT FUNDS 

6 DEFENSE WORKING CAPITAL FUNDS

7 For the Defense Working Capital Funds, 

8 $1,154,340,000.

9 NATIONAL DEFENSE SEALIFT FUND

10 For National Defense Sealift Fund programs, 

11 projects, and activities, and for expenses of the National 

12 Defense Reserve Fleet, as established by section 11 of the 

13 Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744), 

14 and for the necessary expenses to maintain and preserve 

15 a U.S.-flag merchant fleet to serve the national security 

16 needs of the United States, $1,599,459,000, to remain 

17 available until expended: Provided, That none of the funds 

18 provided in this paragraph shall be used to award a new 

19 contract that provides for the acquisition of any of the 

20 following major components unless such components are 

21 manufactured in the United States: auxiliary equipment, 

22 including pumps, for all shipboard services; propulsion 

23 system components (that is; engines, reduction gears, and 

24 propellers); shipboard cranes; and spreaders for shipboard 

25 cranes: Provided further, That the exercise of an option 
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HR 2863 RFS 

1 in a contract awarded through the obligation of previously 

2 appropriated funds shall not be considered to be the award 

3 of a new contract: Provided further, That the Secretary 

4 of the military department responsible for such procure5 ment may waive the restrictions in the first proviso on 

6 a case-by-case basis by certifying in writing to the Com7 mittees on Appropriations of the House of Representatives 

8 and the Senate that adequate domestic supplies are not 

9 available to meet Department of Defense requirements on 

10 a timely basis and that such an acquisition must be made 

11 in order to acquire capability for national security pur12 poses. 

13 TITLE VI 

14 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

15 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

16 ARMY

17 For expenses, not otherwise provided for, necessary 

18 for the destruction of the United States stockpile of lethal 

19 chemical agents and munitions in accordance with the pro20 visions of section 1412 of the Department of Defense Au21 thorization Act, 1986 (50 U.S.C. 1521), and for the de22 struction of other chemical warfare materials that are not 

23 in the chemical weapon stockpile, $1,355,827,000, of 

24 which $1,191,514,000 shall be for Operation and mainte25 nance; $116,527,000 shall be for Procurement to remain 
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HR 2863 RFS 

1 available until September 30, 2008; $47,786,000 shall be 

2 for Research, development, test and evaluation to remain 

3 available until September 30, 2007; and not less than 

4 $119,300,000 shall be for the Chemical Stockpile Emer5 gency Preparedness Program, of which $36,800,000 shall 

6 be for activities on military installations and $82,500,000 

7 shall be to assist State and local governments. 

8 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

9 DEFENSE

10 (INCLUDING TRANSFER OF FUNDS)

11 For drug interdiction and counter-drug activities of 

12 the Department of Defense, for transfer to appropriations 

13 available to the Department of Defense for military per14 sonnel of the reserve components serving under the provi15 sions of title 10 and title 32, United States Code; for Op16 eration and maintenance; for Procurement; and for Re17 search, development, test and evaluation, $906,941,000: 

18 Provided, That the funds appropriated under this heading 

19 shall be available for obligation for the same time period 

20 and for the same purpose as the appropriation to which 

21 transferred: Provided further, That upon a determination 

22 that all or part of the funds transferred from this appro23 priation are not necessary for the purposes provided here24 in, such amounts may be transferred back to this appro25 priation: Provided further, That the transfer authority pro-
33

HR 2863 RFS 

1 vided under this heading is in addition to any other trans2 fer authority contained elsewhere in this Act. 

3 OFFICE OF THE INSPECTOR GENERAL

4 For expenses and activities of the Office of the In5 spector General in carrying out the provisions of the In6 spector General Act of 1978, as amended, $209,687,000, 

7 of which $208,687,000 shall be for Operation and mainte8 nance, of which not to exceed $700,000 is available for 

9 emergencies and extraordinary expenses to be expended on 

10 the approval or authority of the Inspector General, and 

11 payments may be made on the Inspector General’s certifi12 cate of necessity for confidential military purposes; and 

13 of which $1,000,000, to remain available until September 

14 30, 2008, shall be for Procurement. 

15 TITLE VII 

16 RELATED AGENCIES 

17 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

18 DISABILITY SYSTEM FUND

19 For payment to the Central Intelligence Agency Re20 tirement and Disability System Fund, to maintain the 

21 proper funding level for continuing the operation of the 

22 Central Intelligence Agency Retirement and Disability 

23 System, $244,600,000. 
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HR 2863 RFS 

1 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

2 (INCLUDING TRANSFER OF FUNDS)

3 For necessary expenses of the Intelligence Commu4 nity Management Account, $376,844,000 of which 

5 $27,454,000 for the Advanced Research and Development 

6 Committee shall remain available until September 30, 

7 2007: Provided, That of the funds appropriated under this 

8 heading, $39,000,000 shall be transferred to the Depart9 ment of Justice for the National Drug Intelligence Center 

10 to support the Department of Defense’s counter-drug in11 telligence responsibilities, and of the said amount, 

12 $1,500,000 for Procurement shall remain available until 

13 September 30, 2008 and $1,000,000 for Research, devel14 opment, test and evaluation shall remain available until 

15 September 30, 2007: Provided further, That the National 

16 Drug Intelligence Center shall maintain the personnel and 

17 technical resources to provide timely support to law en18 forcement authorities and the intelligence community by 

19 conducting document and computer exploitation of mate20 rials collected in Federal, State, and local law enforcement 

21 activity associated with counter-drug, counter-terrorism, 

22 and national security investigations and operations. 
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1 TITLE VIII 

2 GENERAL PROVISIONS 

3 SEC. 8001. No part of any appropriation contained 

4 in this Act shall be used for publicity or propaganda pur5 poses not authorized by the Congress. 

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

7 of law prohibiting the payment of compensation to, or em8 ployment of, any person not a citizen of the United States 

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

10 Provided, That salary increases granted to direct and indi11 rect hire foreign national employees of the Department of 

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

13 of the percentage increase authorized by law for civilian 

14 employees of the Department of Defense whose pay is 

15 computed under the provisions of section 5332 of title 5, 

16 United States Code, or at a rate in excess of the percent17 age increase provided by the appropriate host nation to 

18 its own employees, whichever is higher: Provided further, 

19 That this section shall not apply to Department of De20 fense foreign service national employees serving at United 

21 States diplomatic missions whose pay is set by the Depart22 ment of State under the Foreign Service Act of 1980: Pro23 vided further, That the limitations of this provision shall 

24 not apply to foreign national employees of the Department 

25 of Defense in the Republic of Turkey. 
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HR 2863 RFS 

1 SEC. 8003. No part of any appropriation contained 

2 in this Act shall remain available for obligation beyond 

3 the current fiscal year, unless expressly so provided herein. 

4 SEC. 8004. No more than 20 percent of the appro5 priations in this Act which are limited for obligation dur6 ing the current fiscal year shall be obligated during the 

7 last 2 months of the fiscal year: Provided, That this sec8 tion shall not apply to obligations for support of active 

9 duty training of reserve components or summer camp 

10 training of the Reserve Officers’ Training Corps. 

11 (TRANSFER OF FUNDS)

12 SEC. 8005. Upon determination by the Secretary of 

13 Defense that such action is necessary in the national inter14 est, he may, with the approval of the Office of Manage15 ment and Budget, transfer not to exceed $4,000,000,000 

16 of working capital funds of the Department of Defense 

17 or funds made available in this Act to the Department 

18 of Defense for military functions (except military con19 struction) between such appropriations or funds or any 

20 subdivision thereof, to be merged with and to be available 

21 for the same purposes, and for the same time period, as 

22 the appropriation or fund to which transferred: Provided, 

23 That such authority to transfer may not be used unless 

24 for higher priority items, based on unforeseen military re25 quirements, than those for which originally appropriated 

26 and in no case where the item for which funds are re-
37

HR 2863 RFS 

1 quested has been denied by the Congress: Provided further, 

2 That the Secretary of Defense shall notify the Congress 

3 promptly of all transfers made pursuant to this authority 

4 or any other authority in this Act: Provided further, That 

5 no part of the funds in this Act shall be available to pre6 pare or present a request to the Committees on Appropria7 tions for reprogramming of funds, unless for higher pri8 ority items, based on unforeseen military requirements, 

9 than those for which originally appropriated and in no 

10 case where the item for which reprogramming is requested 

11 has been denied by the Congress: Provided further, That 

12 a request for multiple reprogrammings of funds using au13 thority provided in this section must be made prior to 

14 June 30, 2006: Provided further, That transfers among 

15 military personnel appropriations shall not be taken into 

16 account for purposes of the limitation on the amount of 

17 funds that may be transferred under this section. 

18 (TRANSFER OF FUNDS)

19 SEC. 8006. During the current fiscal year, cash bal20 ances in working capital funds of the Department of De21 fense established pursuant to section 2208 of title 10, 

22 United States Code, may be maintained in only such 

23 amounts as are necessary at any time for cash disburse24 ments to be made from such funds: Provided, That trans25 fers may be made between such funds: Provided further, 

26 That transfers may be made between working capital 
38

HR 2863 RFS 

1 funds and the ‘‘Foreign Currency Fluctuations, Defense’’ 

2 appropriation and the ‘‘Operation and Maintenance’’ ap3 propriation accounts in such amounts as may be deter4 mined by the Secretary of Defense, with the approval of 

5 the Office of Management and Budget, except that such 

6 transfers may not be made unless the Secretary of Defense 

7 has notified the Congress of the proposed transfer. Except 

8 in amounts equal to the amounts appropriated to working 

9 capital funds in this Act, no obligations may be made 

10 against a working capital fund to procure or increase the 

11 value of war reserve material inventory, unless the Sec12 retary of Defense has notified the Congress prior to any 

13 such obligation. 

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

15 be used to initiate a special access program without prior 

16 notification 30 calendar days in session in advance to the 

17 congressional defense committees. 

18 SEC. 8008. None of the funds provided in this Act 

19 shall be available to initiate: (1) a multiyear contract that 

20 employs economic order quantity procurement in excess of 

21 $20,000,000 in any 1 year of the contract or that includes 

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

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

24 multiyear contract that employs economic order quantity 

25 procurement in excess of $20,000,000 in any 1 year, un-
39

HR 2863 RFS 

1 less the congressional defense committees have been noti2 fied at least 30 days in advance of the proposed contract 

3 award: Provided, That no part of any appropriation con4 tained in this Act shall be available to initiate a multiyear 

5 contract for which the economic order quantity advance 

6 procurement is not funded at least to the limits of the 

7 Government’s liability: Provided further, That no part of 

8 any appropriation contained in this Act shall be available 

9 to initiate multiyear procurement contracts for any sys10 tems or component thereof if the value of the multiyear 

11 contract would exceed $500,000,000 unless specifically 

12 provided in this Act: Provided further, That no multiyear 

13 procurement contract can be terminated without 10-day 

14 prior notification to the congressional defense committees: 

15 Provided further, That the execution of multiyear author16 ity shall require the use of a present value analysis to de17 termine lowest cost compared to an annual procurement: 

18 Provided further, That none of the funds provided in this 

19 Act may be used for a multiyear contract executed after 

20 the date of the enactment of this Act unless in the case 

21 of any such contract—

22 (1) the Secretary of Defense has submitted to 

23 Congress a budget request for full funding of units 

24 to be procured through the contract; 
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HR 2863 RFS 

1 (2) cancellation provisions in the contract do 

2 not include consideration of recurring manufacturing 

3 costs of the contractor associated with the produc4 tion of unfunded units to be delivered under the con5 tract; 

6 (3) the contract provides that payments to the 

7 contractor under the contract shall not be made in 

8 advance of incurred costs on funded units; and 

9 (4) the contract does not provide for a price ad10 justment based on a failure to award a follow-on 

11 contract. 

12 Funds appropriated in title III of this Act may be 

13 used for a multiyear procurement contract as follows: 

14 UH–60/MH–60 Helicopters. 

15 Apache Block II Conversion. 

16 Modernized Target Acquisition Designation Sight/

17 Pilot Night Vision Sensor (MTADS/PNVS). 

18 SEC. 8009. Within the funds appropriated for the op19 eration and maintenance of the Armed Forces, funds are 

20 hereby appropriated pursuant to section 401 of title 10, 

21 United States Code, for humanitarian and civic assistance 

22 costs under chapter 20 of title 10, United States Code. 

23 Such funds may also be obligated for humanitarian and 

24 civic assistance costs incidental to authorized operations 

25 and pursuant to authority granted in section 401 of chap-
41

HR 2863 RFS 

1 ter 20 of title 10, United States Code, and these obliga2 tions shall be reported as required by section 401(d) of 

3 title 10, United States Code: Provided, That funds avail4 able for operation and maintenance shall be available for 

5 providing humanitarian and similar assistance by using 

6 Civic Action Teams in the Trust Territories of the Pacific 

7 Islands and freely associated states of Micronesia, pursu8 ant to the Compact of Free Association as authorized by 

9 Public Law 99–239: Provided further, That upon a deter10 mination by the Secretary of the Army that such action 

11 is beneficial for graduate medical education programs con12 ducted at Army medical facilities located in Hawaii, the 

13 Secretary of the Army may authorize the provision of med14 ical services at such facilities and transportation to such 

15 facilities, on a nonreimbursable basis, for civilian patients 

16 from American Samoa, the Commonwealth of the North17 ern Mariana Islands, the Marshall Islands, the Federated 

18 States of Micronesia, Palau, and Guam. 

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

20 personnel of the Department of Defense may not be man21 aged on the basis of any end-strength, and the manage22 ment of such personnel during that fiscal year shall not 

23 be subject to any constraint or limitation (known as an 

24 end-strength) on the number of such personnel who may 

25 be employed on the last day of such fiscal year. 
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HR 2863 RFS 

1 (b) The fiscal year 2007 budget request for the De2 partment of Defense as well as all justification material 

3 and other documentation supporting the fiscal year 2007 

4 Department of Defense budget request shall be prepared 

5 and submitted to the Congress as if subsections (a) and 

6 (b) of this provision were effective with regard to fiscal 

7 year 2007. 

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

9 to military (civilian) technicians. 

10 SEC. 8011. None of the funds appropriated in this 

11 or any other Act may be used to initiate a new installation 

12 overseas without 30-day advance notification to the Com13 mittees on Appropriations. 

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

15 Act shall be used in any way, directly or indirectly, to in16 fluence congressional action on any legislation or appro17 priation matters pending before the Congress. 

18 SEC. 8013. None of the funds appropriated by this 

19 Act shall be available for the basic pay and allowances of 

20 any member of the Army participating as a full-time stu21 dent and receiving benefits paid by the Secretary of Vet22 erans Affairs from the Department of Defense Education 

23 Benefits Fund when time spent as a full-time student is 

24 credited toward completion of a service commitment: Pro25 vided, That this subsection shall not apply to those mem-
43

HR 2863 RFS 

1 bers who have reenlisted with this option prior to October 

2 1, 1987: Provided further, That this subsection applies 

3 only to active components of the Army. 

4 SEC. 8014. (a) LIMITATION ON CONVERSION TO

5 CONTRACTOR PERFORMANCE.—None of the funds appro6 priated by this Act shall be available to convert to con7 tractor performance an activity or function of the Depart8 ment of Defense that, on or after the date of the enact9 ment of this Act, is performed by more than 10 Depart10 ment of Defense civilian employees unless—

11 (1) the conversion is based on the result of a 

12 public-private competition that includes a most effi13 cient and cost effective organization plan developed 

14 by such activity or function; 

15 (2) the Competitive Sourcing Official deter16 mines that, over all performance periods stated in 

17 the solicitation of offers for performance of the ac18 tivity or function, the cost of performance of the ac19 tivity or function by a contractor would be less costly 

20 to the Department of Defense by an amount that 

21 equals or exceeds the lesser of—

22 (A) 10 percent of the most efficient organi23 zation’s personnel-related costs for performance 

24 of that activity or function by Federal employ25 ees; or 
44

HR 2863 RFS 

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

2 (3) the contractor does not receive an advan3 tage for a proposal that would reduce costs for the 

4 Department of Defense by—

5 (A) not making an employer-sponsored 

6 health insurance plan available to the workers 

7 who are to be employed in the performance of 

8 that activity or function under the contract; or 

9 (B) offering to such workers an employer10 sponsored health benefits plan that requires the 

11 employer to contribute less towards the pre12 mium or subscription share than the amount 

13 that is paid by the Department of Defense for 

14 health benefits for civilian employees under 

15 chapter 89 of title 5, United States Code. 

16 (b) EXCEPTIONS.—

17 (1) The Department of Defense, without regard 

18 to subsection (a) of this section or subsections (a), 

19 (b), or (c) of section 2461 of title 10, United States 

20 Code, and notwithstanding any administrative regu21 lation, requirement, or policy to the contrary shall 

22 have full authority to enter into a contract for the 

23 performance of any commercial or industrial type 

24 function of the Department of Defense that—
45

HR 2863 RFS 

1 (A) is included on the procurement list es2 tablished pursuant to section 2 of the Javits3 Wagner-O’Day Act (41 U.S.C. 47); 

4 (B) is planned to be converted to perform5 ance by a qualified nonprofit agency for the 

6 blind or by a qualified nonprofit agency for 

7 other severely handicapped individuals in ac8 cordance with that Act; or 

9 (C) is planned to be converted to perform10 ance by a qualified firm under at least 51 per11 cent ownership by an Indian tribe, as defined in 

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

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

14 450b(e)), or a Native Hawaiian Organization, 

15 as defined in section 8(a)(15) of the Small 

16 Business Act (15 U.S.C. 637(a)(15)). 

17 (2) This section shall not apply to depot con18 tracts or contracts for depot maintenance as pro19 vided in sections 2469 and 2474 of title 10, United 

20 States Code. 

21 (c) TREATMENT OF CONVERSION.—The conversion 

22 of any activity or function of the Department of Defense 

23 under the authority provided by this section shall be cred24 ited toward any competitive or outsourcing goal, target, 

25 or measurement that may be established by statute, regu-
46

HR 2863 RFS 

1 lation, or policy and is deemed to be awarded under the 

2 authority of, and in compliance with, subsection (h) of sec3 tion 2304 of title 10, United States Code, for the competi4 tion or outsourcing of commercial activities. 

5 (TRANSFER OF FUNDS)

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

7 for the Department of Defense Pilot Mentor-Protege Pro8 gram may be transferred to any other appropriation con9 tained in this Act solely for the purpose of implementing 

10 a Mentor-Protege Program developmental assistance 

11 agreement pursuant to section 831 of the National De12 fense Authorization Act for Fiscal Year 1991 (Public Law 

13 101–510; 10 U.S.C. 2302 note), as amended, under the 

14 authority of this provision or any other transfer authority 

15 contained in this Act. 

16 SEC. 8016. None of the funds in this Act may be 

17 available for the purchase by the Department of Defense 

18 (and its departments and agencies) of welded shipboard 

19 anchor and mooring chain 4 inches in diameter and under 

20 unless the anchor and mooring chain are manufactured 

21 in the United States from components which are substan22 tially manufactured in the United States: Provided, That 

23 for the purpose of this section manufactured will include 

24 cutting, heat treating, quality control, testing of chain and 

25 welding (including the forging and shot blasting process): 

26 Provided further, That for the purpose of this section sub-
47

HR 2863 RFS 

1 stantially all of the components of anchor and mooring 

2 chain shall be considered to be produced or manufactured 

3 in the United States if the aggregate cost of the compo4 nents produced or manufactured in the United States ex5 ceeds the aggregate cost of the components produced or 

6 manufactured outside the United States: Provided further, 

7 That when adequate domestic supplies are not available 

8 to meet Department of Defense requirements on a timely 

9 basis, the Secretary of the service responsible for the pro10 curement may waive this restriction on a case-by-case 

11 basis by certifying in writing to the Committees on Appro12 priations that such an acquisition must be made in order 

13 to acquire capability for national security purposes. 

14 SEC. 8017. None of the funds available to the De15 partment of Defense may be used to demilitarize or dis16 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, 

17 .22 caliber rifles, .30 caliber rifles, or M–1911 pistols. 

18 SEC. 8018. No more than $500,000 of the funds ap19 propriated or made available in this Act shall be used dur20 ing a single fiscal year for any single relocation of an orga21 nization, unit, activity or function of the Department of 

22 Defense into or within the National Capital Region: Pro23 vided, That the Secretary of Defense may waive this re24 striction on a case-by-case basis by certifying in writing 
48

HR 2863 RFS 

1 to the congressional defense committees that such a relo2 cation is required in the best interest of the Government. 

3 SEC. 8019. In addition to the funds provided else4 where in this Act, $8,000,000 is appropriated only for in5 centive payments authorized by section 504 of the Indian 

6 Financing Act of 1974 (25 U.S.C. 1544): Provided, That 

7 a prime contractor or a subcontractor at any tier that 

8 makes a subcontract award to any subcontractor or sup9 plier as defined in 25 U.S.C. 1544 or a small business 

10 owned and controlled by an individual or individuals de11 fined under 25 U.S.C. 4221(9) shall be considered a con12 tractor for the purposes of being allowed additional com13 pensation under section 504 of the Indian Financing Act 

14 of 1974 (25 U.S.C. 1544) whenever the prime contract 

15 or subcontract amount is over $500,000 and involves the 

16 expenditure of funds appropriated by an Act making Ap17 propriations for the Department of Defense with respect 

18 to any fiscal year: Provided further, That notwithstanding 

19 41 U.S.C. 430, this section shall be applicable to any De20 partment of Defense acquisition of supplies or services, in21 cluding any contract and any subcontract at any tier for 

22 acquisition of commercial items produced or manufac23 tured, in whole or in part by any subcontractor or supplier 

24 defined in 25 U.S.C. 1544 or a small business owned and 

25 controlled by an individual or individuals defined under 
49

HR 2863 RFS 

1 25 U.S.C. 4221(9): Provided further, That businesses cer2 tified as 8(a) by the Small Business Administration pursu3 ant to section 8(a)(15) of Public Law 85–536, as amend4 ed, shall have the same status as other program partici5 pants under section 602 of Public Law 100–656, 102 

6 Stat. 3825 (Business Opportunity Development Reform 

7 Act of 1988) for purposes of contracting with agencies of 

8 the Department of Defense. 

9 SEC. 8020. None of the funds appropriated by this 

10 Act shall be available to perform any cost study pursuant 

11 to the provisions of OMB Circular A–76 if the study being 

12 performed exceeds a period of 24 months after initiation 

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

14 30 months after initiation of such study for a multi-func15 tion activity. 

16 SEC. 8021. Funds appropriated by this Act for the 

17 American Forces Information Service shall not be used for 

18 any national or international political or psychological ac19 tivities. 

20 SEC. 8022. Notwithstanding any other provision of 

21 law or regulation, the Secretary of Defense may adjust 

22 wage rates for civilian employees hired for certain health 

23 care occupations as authorized for the Secretary of Vet24 erans Affairs by section 7455 of title 38, United States 

25 Code. 
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1 SEC. 8023. During the current fiscal year, the De2 partment of Defense is authorized to incur obligations of 

3 not to exceed $350,000,000 for purposes specified in sec4 tion 2350j(c) of title 10, United States Code, in anticipa5 tion of receipt of contributions, only from the Government 

6 of Kuwait, under that section: Provided, That upon re7 ceipt, such contributions from the Government of Kuwait 

8 shall be credited to the appropriations or fund which in9 curred such obligations. 

10 (INCLUDING TRANSFER OF FUNDS)

11 SEC. 8024. (a) Of the funds made available in this 

12 Act, not less than $33,767,000 shall be available for the 

13 Civil Air Patrol Corporation, of which—

14 (1) $24,376,000 shall be available from ‘‘Oper15 ation and Maintenance, Air Force’’ to support Civil 

16 Air Patrol Corporation operation and maintenance, 

17 readiness, counterdrug activities, and drug demand 

18 reduction activities involving youth programs; 

19 (2) $8,571,000 shall be available from ‘‘Aircraft 

20 Procurement, Air Force’’; and 

21 (3) $820,000 shall be available from ‘‘Other 

22 Procurement, Air Force’’ for vehicle procurement. 

23 (b) The Secretary of the Air Force should waive reim24 bursement for any funds used by the Civil Air Patrol for 

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

26 local government agencies. 
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1 SEC. 8025. (a) None of the funds appropriated in this 

2 Act are available to establish a new Department of De3 fense (department) federally funded research and develop4 ment center (FFRDC), either as a new entity, or as a 

5 separate entity administrated by an organization man6 aging another FFRDC, or as a nonprofit membership cor7 poration consisting of a consortium of other FFRDCs and 

8 other non-profit entities. 

9 (b) No member of a Board of Directors, Trustees, 

10 Overseers, Advisory Group, Special Issues Panel, Visiting 

11 Committee, or any similar entity of a defense FFRDC, 

12 and no paid consultant to any defense FFRDC, except 

13 when acting in a technical advisory capacity, may be com14 pensated for his or her services as a member of such enti15 ty, or as a paid consultant by more than one FFRDC in 

16 a fiscal year: Provided, That a member of any such entity 

17 referred to previously in this subsection shall be allowed 

18 travel expenses and per diem as authorized under the Fed19 eral Joint Travel Regulations, when engaged in the per20 formance of membership duties. 

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

22 of the funds available to the department from any source 

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

24 through a fee or other payment mechanism, for construc25 tion of new buildings, for payment of cost sharing for 
52

HR 2863 RFS 

1 projects funded by Government grants, for absorption of 

2 contract overruns, or for certain charitable contributions, 

3 not to include employee participation in community service 

4 and/or development. 

5 (d) Notwithstanding any other provision of law, of 

6 the funds available to the department during fiscal year 

7 2006, not more than 5,537 staff years of technical effort 

8 (staff years) may be funded for defense FFRDCs: Pro9 vided, That this subsection shall not apply to staff years 

10 funded in the National Intelligence Program. 

11 (e) The Secretary of Defense shall, with the submis12 sion of the department’s fiscal year 2007 budget request, 

13 submit a report presenting the specific amounts of staff 

14 years of technical effort to be allocated for each defense 

15 FFRDC during that fiscal year. 

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

17 the total amount appropriated in this Act for FFRDCs 

18 is hereby reduced by $40,000,000. 

19 SEC. 8026. None of the funds appropriated or made 

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

21 or armor steel plate for use in any Government-owned fa22 cility or property under the control of the Department of 

23 Defense which were not melted and rolled in the United 

24 States or Canada: Provided, That these procurement re25 strictions shall apply to any and all Federal Supply Class 
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HR 2863 RFS 

1 9515, American Society of Testing and Materials (ASTM) 

2 or American Iron and Steel Institute (AISI) specifications 

3 of carbon, alloy or armor steel plate: Provided further, 

4 That the Secretary of the military department responsible 

5 for the procurement may waive this restriction on a case6 by-case basis by certifying in writing to the Committees 

7 on Appropriations of the House of Representatives and the 

8 Senate that adequate domestic supplies are not available 

9 to meet Department of Defense requirements on a timely 

10 basis and that such an acquisition must be made in order 

11 to acquire capability for national security purposes: Pro12 vided further, That these restrictions shall not apply to 

13 contracts which are in being as of the date of the enact14 ment of this Act. 

15 SEC. 8027. For the purposes of this Act, the term 

16 ‘‘congressional defense committees’’ means the Armed 

17 Services Committee of the House of Representatives, the 

18 Armed Services Committee of the Senate, the Sub19 committee on Defense of the Committee on Appropriations 

20 of the Senate, and the Subcommittee on Defense of the 

21 Committee on Appropriations of the House of Representa22 tives. 

23 SEC. 8028. During the current fiscal year, the De24 partment of Defense may acquire the modification, depot 

25 maintenance and repair of aircraft, vehicles and vessels 
54

HR 2863 RFS 

1 as well as the production of components and other De2 fense-related articles, through competition between De3 partment of Defense depot maintenance activities and pri4 vate firms: Provided, That the Senior Acquisition Execu5 tive of the military department or Defense Agency con6 cerned, with power of delegation, shall certify that success7 ful bids include comparable estimates of all direct and in8 direct costs for both public and private bids: Provided fur9 ther, That Office of Management and Budget Circular A10 76 shall not apply to competitions conducted under this 

11 section. 

12 SEC. 8029. (a)(1) If the Secretary of Defense, after 

13 consultation with the United States Trade Representative, 

14 determines that a foreign country which is party to an 

15 agreement described in paragraph (2) has violated the 

16 terms of the agreement by discriminating against certain 

17 types of products produced in the United States that are 

18 covered by the agreement, the Secretary of Defense shall 

19 rescind the Secretary’s blanket waiver of the Buy Amer20 ican Act with respect to such types of products produced 

21 in that foreign country. 

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

23 reciprocal defense procurement memorandum of under24 standing, between the United States and a foreign country 

25 pursuant to which the Secretary of Defense has prospec-
55

HR 2863 RFS 

1 tively waived the Buy American Act for certain products 

2 in that country. 

3 (b) The Secretary of Defense shall submit to the Con4 gress a report on the amount of Department of Defense 

5 purchases from foreign entities in fiscal year 2006. Such 

6 report shall separately indicate the dollar value of items 

7 for which the Buy American Act was waived pursuant to 

8 any agreement described in subsection (a)(2), the Trade 

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

10 international agreement to which the United States is a 

11 party. 

12 (c) For purposes of this section, the term ‘‘Buy 

13 American Act’’ means title III of the Act entitled ‘‘An Act 

14 making appropriations for the Treasury and Post Office 

15 Departments for the fiscal year ending June 30, 1934, 

16 and for other purposes’’, approved March 3, 1933 (41 

17 U.S.C. 10a et seq.). 

18 SEC. 8030. Appropriations contained in this Act that 

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

20 at the end of each fiscal year hereafter, as a result of en21 ergy cost savings realized by the Department of Defense 

22 shall remain available for obligation for the next fiscal 

23 year to the extent, and for the purposes, provided in sec24 tion 2865 of title 10, United States Code. 
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1 SEC. 8031. The President shall include with each 

2 budget for a fiscal year submitted to the Congress under 

3 section 1105 of title 31, United States Code, materials 

4 that shall identify clearly and separately the amounts re5 quested in the budget for appropriation for that fiscal year 

6 for salaries and expenses related to administrative activi7 ties of the Department of Defense, the military depart8 ments, and the defense agencies. 

9 SEC. 8032. Notwithstanding any other provision of 

10 law, funds available during the current fiscal year and 

11 hereafter for ‘‘Drug Interdiction and Counter-Drug Activi12 ties, Defense’’ may be obligated for the Young Marines 

13 program. 

14 (INCLUDING TRANSFER OF FUNDS)

15 SEC. 8033. During the current fiscal year, amounts 

16 contained in the Department of Defense Overseas Military 

17 Facility Investment Recovery Account established by sec18 tion 2921(c)(1) of the National Defense Authorization Act 

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

20 be available until expended for the payments specified by 

21 section 2921(c)(2) of that Act. 

22 SEC. 8034. (a) IN GENERAL.—Notwithstanding any 

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

24 convey at no cost to the Air Force, without consideration, 

25 to Indian tribes located in the States of North Dakota, 

26 South Dakota, Montana, and Minnesota relocatable mili-
57

HR 2863 RFS 

1 tary housing units located at Grand Forks Air Force Base 

2 and Minot Air Force Base that are excess to the needs 

3 of the Air Force. 

4 (b) PROCESSING OF REQUESTS.—The Secretary of 

5 the Air Force shall convey, at no cost to the Air Force, 

6 military housing units under subsection (a) in accordance 

7 with the request for such units that are submitted to the 

8 Secretary by the Operation Walking Shield Program on 

9 behalf of Indian tribes located in the States of North Da10 kota, South Dakota, Montana, and Minnesota. 

11 (c) RESOLUTION OF HOUSING UNIT CONFLICTS.—

12 The Operation Walking Shield Program shall resolve any 

13 conflicts among requests of Indian tribes for housing units 

14 under subsection (a) before submitting requests to the 

15 Secretary of the Air Force under subsection (b). 

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

17 term ‘‘Indian tribe’’ means any recognized Indian tribe in18 cluded on the current list published by the Secretary of 

19 the Interior under section 104 of the Federally Recognized 

20 Indian Tribe Act of 1994 (Public Law 103–454; 108 Stat. 

21 4792; 25 U.S.C. 479a–1). 

22 SEC. 8035. During the current fiscal year, appropria23 tions which are available to the Department of Defense 

24 for operation and maintenance may be used to purchase 
58

HR 2863 RFS 

1 items having an investment item unit cost of not more 

2 than $250,000. 

3 SEC. 8036. (a) During the current fiscal year, none 

4 of the appropriations or funds available to the Department 

5 of Defense Working Capital Funds shall be used for the 

6 purchase of an investment item for the purpose of acquir7 ing a new inventory item for sale or anticipated sale dur8 ing the current fiscal year or a subsequent fiscal year to 

9 customers of the Department of Defense Working Capital 

10 Funds if such an item would not have been chargeable 

11 to the Department of Defense Business Operations Fund 

12 during fiscal year 1994 and if the purchase of such an 

13 investment item would be chargeable during the current 

14 fiscal year to appropriations made to the Department of 

15 Defense for procurement. 

16 (b) The fiscal year 2007 budget request for the De17 partment of Defense as well as all justification material 

18 and other documentation supporting the fiscal year 2007 

19 Department of Defense budget shall be prepared and sub20 mitted to the Congress on the basis that any equipment 

21 which was classified as an end item and funded in a pro22 curement appropriation contained in this Act shall be 

23 budgeted for in a proposed fiscal year 2007 procurement 

24 appropriation and not in the supply management business 
59

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1 area or any other area or category of the Department of 

2 Defense Working Capital Funds. 

3 SEC. 8037. None of the funds appropriated by this 

4 Act for programs of the Central Intelligence Agency shall 

5 remain available for obligation beyond the current fiscal 

6 year, except for funds appropriated for the Reserve for 

7 Contingencies, which shall remain available until Sep8 tember 30, 2007: Provided, That funds appropriated, 

9 transferred, or otherwise credited to the Central Intel10 ligence Agency Central Services Working Capital Fund 

11 during this or any prior or subsequent fiscal year shall 

12 remain available until expended: Provided further, That 

13 any funds appropriated or transferred to the Central Intel14 ligence Agency for advanced research and development ac15 quisition, for agent operations, and for covert action pro16 grams authorized by the President under section 503 of 

17 the National Security Act of 1947, as amended, shall re18 main available until September 30, 2007. 

19 SEC. 8038. Notwithstanding any other provision of 

20 law, funds made available in this Act for the Defense In21 telligence Agency may be used for the design, develop22 ment, and deployment of General Defense Intelligence 

23 Program intelligence communications and intelligence in24 formation systems for the Services, the Unified and Speci25 fied Commands, and the component commands. 
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1 SEC. 8039. Of the funds appropriated to the Depart2 ment of Defense under the heading ‘‘Operation and Main3 tenance, Defense-Wide’’, not less than $10,000,000 shall 

4 be made available only for the mitigation of environmental 

5 impacts, including training and technical assistance to 

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

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

11 SEC. 8040. (a) None of the funds appropriated in this 

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

13 Defense unless the entity, in expending the funds, com14 plies with the Buy American Act. For purposes of this 

15 subsection, the term ‘‘Buy American Act’’ means title III 

16 of the Act entitled ‘‘An Act making appropriations for the 

17 Treasury and Post Office Departments for the fiscal year 

18 ending June 30, 1934, and for other purposes’’, approved 

19 March 3, 1933 (41 U.S.C. 10a et seq.). 

20 (b) If the Secretary of Defense determines that a per21 son has been convicted of intentionally affixing a label 

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

23 sold in or shipped to the United States that is not made 

24 in America, the Secretary shall determine, in accordance 

25 with section 2410f of title 10, United States Code, wheth-
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1 er the person should be debarred from contracting with 

2 the Department of Defense. 

3 (c) In the case of any equipment or products pur4 chased with appropriations provided under this Act, it is 

5 the sense of the Congress that any entity of the Depart6 ment of Defense, in expending the appropriation, purchase 

7 only American-made equipment and products, provided 

8 that American-made equipment and products are cost9 competitive, quality-competitive, and available in a timely 

10 fashion. 

11 SEC. 8041. None of the funds appropriated by this 

12 Act shall be available for a contract for studies, analysis, 

13 or consulting services entered into without competition on 

14 the basis of an unsolicited proposal unless the head of the 

15 activity responsible for the procurement determines—

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

17 only one source is found fully qualified to perform 

18 the proposed work; 

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

20 unsolicited proposal which offers significant sci21 entific or technological promise, represents the prod22 uct of original thinking, and was submitted in con23 fidence by one source; or 

24 (3) the purpose of the contract is to take ad25 vantage of unique and significant industrial accom-
62

HR 2863 RFS 

1 plishment by a specific concern, or to insure that a 

2 new product or idea of a specific concern is given fi3 nancial support: Provided, That this limitation shall 

4 not apply to contracts in an amount of less than 

5 $25,000, contracts related to improvements of equip6 ment that is in development or production, or con7 tracts as to which a civilian official of the Depart8 ment of Defense, who has been confirmed by the 

9 Senate, determines that the award of such contract 

10 is in the interest of the national defense. 

11 SEC. 8042. (a) Except as provided in subsection (b) 

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

13 be used—

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

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

16 Armed Forces or civilian employee of the depart17 ment who is transferred or reassigned from a head18 quarters activity if the member or employee’s place 

19 of duty remains at the location of that headquarters. 

20 (b) The Secretary of Defense or Secretary of a mili21 tary department may waive the limitations in subsection 

22 (a), on a case-by-case basis, if the Secretary determines, 

23 and certifies to the Committees on Appropriations of the 

24 House of Representatives and Senate that the granting 
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1 of the waiver will reduce the personnel requirements or 

2 the financial requirements of the department. 

3 (c) This section does not apply to field operating 

4 agencies funded within the National Intelligence Program. 

5 SEC. 8043. The Secretary of Defense, acting through 

6 the Office of Economic Adjustment of the Department of 

7 Defense, may use funds made available in this Act under 

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

9 to make grants and supplement other Federal funds in 

10 accordance with the guidance provided in the report of the 

11 Committee on Appropriations of the House of Representa12 tives accompanying this Act, and the projects specified in 

13 such guidance shall be considered to be authorized by law. 

14 (RESCISSIONS)

15 SEC. 8044. Of the funds appropriated in Department 

16 of Defense Appropriations Acts, the following funds are 

17 hereby rescinded from the following accounts and pro18 grams in the specified amounts: 

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

20 $60,500,000. 

21 ‘‘Shipbuilding and Conversion, Navy, 2005/

22 2011’’, $325,000,000. 

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

24 $10,000,000. 

25 ‘‘Other Procurement, Air Force, 2005/2007’’, 

26 $3,400,000. 
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1 ‘‘Research, Development, Test and Evaluation, 

2 Army, 2005/2006’’, $21,600,000. 

3 ‘‘Research, Development, Test and Evaluation, 

4 Navy, 2005/2006’’, $5,100,000. 

5 ‘‘Research, Development, Test and Evaluation, 

6 Air Force, 2005/2006’’, $142,000,000. 

7 ‘‘Research, Development, Test and Evaluation, 

8 Defense-Wide, 2005/2006’’, $65,950,000. 

9 SEC. 8045. None of the funds available in this Act 

10 may be used to reduce the authorized positions for mili11 tary (civilian) technicians of the Army National Guard, 

12 the Air National Guard, Army Reserve and Air Force Re13 serve for the purpose of applying any administratively im14 posed civilian personnel ceiling, freeze, or reduction on 

15 military (civilian) technicians, unless such reductions are 

16 a direct result of a reduction in military force structure. 

17 SEC. 8046. None of the funds appropriated or other18 wise made available in this Act may be obligated or ex19 pended for assistance to the Democratic People’s Republic 

20 of North Korea unless specifically appropriated for that 

21 purpose. 

22 SEC. 8047. Funds appropriated in this Act for oper23 ation and maintenance of the Military Departments, Com24 batant Commands and Defense Agencies shall be available 

25 for reimbursement of pay, allowances and other expenses 
65

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1 which would otherwise be incurred against appropriations 

2 for the National Guard and Reserve when members of the 

3 National Guard and Reserve provide intelligence or coun4 terintelligence support to Combatant Commands, Defense 

5 Agencies and Joint Intelligence Activities, including the 

6 activities and programs included within the National Intel7 ligence Program, the Joint Military Intelligence Program, 

8 and the Tactical Intelligence and Related Activities aggre9 gate: Provided, That nothing in this section authorizes de10 viation from established Reserve and National Guard per11 sonnel and training procedures. 

12 SEC. 8048. (a) None of the funds available to the 

13 Department of Defense for any fiscal year for drug inter14 diction or counter-drug activities may be transferred to 

15 any other department or agency of the United States ex16 cept as specifically provided in an appropriations law. 

17 (b) None of the funds available to the Central Intel18 ligence Agency for any fiscal year for drug interdiction 

19 and counter-drug activities may be transferred to any 

20 other department or agency of the United States except 

21 as specifically provided in an appropriations law. 

22 (TRANSFER OF FUNDS)

23 SEC. 8049. Appropriations available under the head24 ing ‘‘Operation and Maintenance, Defense-Wide’’ for the 

25 current fiscal year and hereafter for increasing energy and 

26 water efficiency in Federal buildings may, during their pe-
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HR 2863 RFS 

1 riod of availability, be transferred to other appropriations 

2 or funds of the Department of Defense for projects related 

3 to increasing energy and water efficiency, to be merged 

4 with and to be available for the same general purposes, 

5 and for the same time period, as the appropriation or fund 

6 to which transferred. 

7 SEC. 8050. None of the funds appropriated by this 

8 Act may be used for the procurement of ball and roller 

9 bearings other than those produced by a domestic source 

10 and of domestic origin: Provided, That the Secretary of 

11 the military department responsible for such procurement 

12 may waive this restriction on a case-by-case basis by certi13 fying in writing to the Committees on Appropriations of 

14 the House of Representatives and the Senate, that ade15 quate domestic supplies are not available to meet Depart16 ment of Defense requirements on a timely basis and that 

17 such an acquisition must be made in order to acquire ca18 pability for national security purposes: Provided further, 

19 That this restriction shall not apply to the purchase of 

20 ‘‘commercial items’’, as defined by section 4(12) of the 

21 Office of Federal Procurement Policy Act, except that the 

22 restriction shall apply to ball or roller bearings purchased 

23 as end items. 

24 SEC. 8051. None of the funds in this Act may be 

25 used to purchase any supercomputer which is not manu-
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1 factured in the United States, unless the Secretary of De2 fense certifies to the congressional defense committees 

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

4 capability for national security purposes that is not avail5 able from United States manufacturers. 

6 SEC. 8052. Notwithstanding any other provision of 

7 law, each contract awarded by the Department of Defense 

8 during the current fiscal year for construction or service 

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

10 section 381(d) of title 10, United States Code) which is 

11 not contiguous with another State and has an unemploy12 ment rate in excess of the national average rate of unem13 ployment as determined by the Secretary of Labor, shall 

14 include a provision requiring the contractor to employ, for 

15 the purpose of performing that portion of the contract in 

16 such State that is not contiguous with another State, indi17 viduals who are residents of such State and who, in the 

18 case of any craft or trade, possess or would be able to 

19 acquire promptly the necessary skills: Provided, That the 

20 Secretary of Defense may waive the requirements of this 

21 section, on a case-by-case basis, in the interest of national 

22 security. 

23 SEC. 8053. None of the funds made available in this 

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

25 officer or employee of the Department of Defense who ap-
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1 proves or implements the transfer of administrative re2 sponsibilities or budgetary resources of any program, 

3 project, or activity financed by this Act to the jurisdiction 

4 of another Federal agency not financed by this Act with5 out the express authorization of Congress: Provided, That 

6 this limitation shall not apply to transfers of funds ex7 pressly provided for in Defense Appropriations Acts, or 

8 provisions of Acts providing supplemental appropriations 

9 for the Department of Defense. 

10 SEC. 8054. (a) LIMITATION ON TRANSFER OF DE11 FENSE ARTICLES AND SERVICES.—Notwithstanding any 

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

13 Department of Defense for the current fiscal year may be 

14 obligated or expended to transfer to another nation or an 

15 international organization any defense articles or services 

16 (other than intelligence services) for use in the activities 

17 described in subsection (b) unless the congressional de18 fense committees, the Committee on International Rela19 tions of the House of Representatives, and the Committee 

20 on Foreign Relations of the Senate are notified 15 days 

21 in advance of such transfer. 

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

23 (1) any international peacekeeping or peace-en24 forcement operation under the authority of chapter 

25 VI or chapter VII of the United Nations Charter 
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1 under the authority of a United Nations Security 

2 Council resolution; and 

3 (2) any other international peacekeeping, peace4 enforcement, or humanitarian assistance operation. 

5 (c) REQUIRED NOTICE.—A notice under subsection 

6 (a) shall include the following: 

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

8 services to be transferred. 

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

10 supplies, or services to be transferred. 

11 (3) In the case of a proposed transfer of equip12 ment or supplies—

13 (A) a statement of whether the inventory 

14 requirements of all elements of the Armed 

15 Forces (including the reserve components) for 

16 the type of equipment or supplies to be trans17 ferred have been met; and 

18 (B) a statement of whether the items pro19 posed to be transferred will have to be replaced 

20 and, if so, how the President proposes to pro21 vide funds for such replacement. 

22 SEC. 8055. None of the funds available to the De23 partment of Defense under this Act shall be obligated or 

24 expended to pay a contractor under a contract with the 
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1 Department of Defense for costs of any amount paid by 

2 the contractor to an employee when—

3 (1) such costs are for a bonus or otherwise in 

4 excess of the normal salary paid by the contractor 

5 to the employee; and 

6 (2) such bonus is part of restructuring costs as7 sociated with a business combination. 

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 8056. During the current fiscal year, no more 

10 than $30,000,000 of appropriations made in this Act 

11 under the heading ‘‘Operation and Maintenance, Defense12 Wide’’ may be transferred to appropriations available for 

13 the pay of military personnel, to be merged with, and to 

14 be available for the same time period as the appropriations 

15 to which transferred, to be used in support of such per16 sonnel in connection with support and services for eligible 

17 organizations and activities outside the Department of De18 fense pursuant to section 2012 of title 10, United States 

19 Code. 

20 SEC. 8057. During the current fiscal year, in the case 

21 of an appropriation account of the Department of Defense 

22 for which the period of availability for obligation has ex23 pired or which has closed under the provisions of section 

24 1552 of title 31, United States Code, and which has a 

25 negative unliquidated or unexpended balance, an obliga26 tion or an adjustment of an obligation may be charged 
71

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1 to any current appropriation account for the same purpose 

2 as the expired or closed account if—

3 (1) the obligation would have been properly 

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

5 closed account before the end of the period of avail6 ability or closing of that account; 

7 (2) the obligation is not otherwise properly 

8 chargeable to any current appropriation account of 

9 the Department of Defense; and 

10 (3) in the case of an expired account, the obli11 gation is not chargeable to a current appropriation 

12 of the Department of Defense under the provisions 

13 of section 1405(b)(8) of the National Defense Au14 thorization Act for Fiscal Year 1991, Public Law 

15 101–510, as amended (31 U.S.C. 1551 note): Pro16 vided, That in the case of an expired account, if sub17 sequent review or investigation discloses that there 

18 was not in fact a negative unliquidated or unex19 pended balance in the account, any charge to a cur20 rent account under the authority of this section shall 

21 be reversed and recorded against the expired ac22 count: Provided further, That the total amount 

23 charged to a current appropriation under this sec24 tion may not exceed an amount equal to 1 percent 

25 of the total appropriation for that account. 
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1 SEC. 8058. (a) Notwithstanding any other provision 

2 of law, the Chief of the National Guard Bureau may per3 mit the use of equipment of the National Guard Distance 

4 Learning Project by any person or entity on a space-avail5 able, reimbursable basis. The Chief of the National Guard 

6 Bureau shall establish the amount of reimbursement for 

7 such use on a case-by-case basis. 

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

9 credited to funds available for the National Guard Dis10 tance Learning Project and be available to defray the costs 

11 associated with the use of equipment of the project under 

12 that subsection. Such funds shall be available for such 

13 purposes without fiscal year limitation. 

14 SEC. 8059. Using funds available by this Act or any 

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

16 determination under section 2690 of title 10, United 

17 States Code, may implement cost-effective agreements for 

18 required heating facility modernization in the 

19 Kaiserslautern Military Community in the Federal Repub20 lic of Germany: Provided, That in the City of 

21 Kaiserslautern such agreements will include the use of 

22 United States anthracite as the base load energy for mu23 nicipal district heat to the United States Defense installa24 tions: Provided further, That at Landstuhl Army Regional 

25 Medical Center and Ramstein Air Base, furnished heat 
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1 may be obtained from private, regional or municipal serv2 ices, if provisions are included for the consideration of 

3 United States coal as an energy source. 

4 SEC. 8060. None of the funds appropriated in title 

5 IV of this Act may be used to procure end-items for deliv6 ery to military forces for operational training, operational 

7 use or inventory requirements: Provided, That this restric8 tion does not apply to end-items used in development, 

9 prototyping, and test activities preceding and leading to 

10 acceptance for operational use: Provided further, That this 

11 restriction does not apply to programs funded within the 

12 National Intelligence Program: Provided further, That the 

13 Secretary of Defense may waive this restriction on a case14 by-case basis by certifying in writing to the Committees 

15 on Appropriations of the House of Representatives and the 

16 Senate that it is in the national security interest to do 

17 so. 

18 SEC. 8061. None of the funds made available in this 

19 Act may be used to approve or license the sale of the F/

20 A–22 advanced tactical fighter to any foreign government. 

21 SEC. 8062. (a) The Secretary of Defense may, on a 

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

23 each limitation on the procurement of defense items from 

24 foreign sources provided in law if the Secretary determines 

25 that the application of the limitation with respect to that 
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1 country would invalidate cooperative programs entered 

2 into between the Department of Defense and the foreign 

3 country, or would invalidate reciprocal trade agreements 

4 for the procurement of defense items entered into under 

5 section 2531 of title 10, United States Code, and the 

6 country does not discriminate against the same or similar 

7 defense items produced in the United States for that coun8 try. 

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

10 (1) contracts and subcontracts entered into on 

11 or after the date of the enactment of this Act; and 

12 (2) options for the procurement of items that 

13 are exercised after such date under contracts that 

14 are entered into before such date if the option prices 

15 are adjusted for any reason other than the applica16 tion of a waiver granted under subsection (a). 

17 (c) Subsection (a) does not apply to a limitation re18 garding construction of public vessels, ball and roller bear19 ings, food, and clothing or textile materials as defined by 

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

21 Schedule and products classified under headings 4010, 

22 4202, 4203, 6401 through 6406, 6505, 7019, 7218 

23 through 7229, 7304.41 through 7304.49, 7306.40, 7502 

24 through 7508, 8105, 8108, 8109, 8211, 8215, and 9404. 
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1 SEC. 8063. (a) PROHIBITION.—None of the funds 

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

3 training program involving a unit of the security forces 

4 of a foreign country if the Secretary of Defense has re5 ceived credible information from the Department of State 

6 that the unit has committed a gross violation of human 

7 rights, unless all necessary corrective steps have been 

8 taken. 

9 (b) MONITORING.—The Secretary of Defense, in con10 sultation with the Secretary of State, shall ensure that 

11 prior to a decision to conduct any training program re12 ferred to in subsection (a), full consideration is given to 

13 all credible information available to the Department of 

14 State relating to human rights violations by foreign secu15 rity forces. 

16 (c) WAIVER.—The Secretary of Defense, after con17 sultation with the Secretary of State, may waive the prohi18 bition in subsection (a) if he determines that such waiver 

19 is required by extraordinary circumstances. 

20 (d) REPORT.—Not more than 15 days after the exer21 cise of any waiver under subsection (c), the Secretary of 

22 Defense shall submit a report to the congressional defense 

23 committees describing the extraordinary circumstances, 

24 the purpose and duration of the training program, the 

25 United States forces and the foreign security forces in-
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1 volved in the training program, and the information relat2 ing to human rights violations that necessitates the waiv3 er. 

4 SEC. 8064. None of the funds appropriated or made 

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

6 be used to develop, lease or procure the T-AKE class of 

7 ships unless the main propulsion diesel engines and 

8 propulsors are manufactured in the United States by a 

9 domestically operated entity: Provided, That the Secretary 

10 of Defense may waive this restriction on a case-by-case 

11 basis by certifying in writing to the Committees on Appro12 priations of the House of Representatives and the Senate 

13 that adequate domestic supplies are not available to meet 

14 Department of Defense requirements on a timely basis 

15 and that such an acquisition must be made in order to 

16 acquire capability for national security purposes or there 

17 exists a significant cost or quality difference. 

18 SEC. 8065. None of the funds appropriated or other19 wise made available by this or other Department of De20 fense Appropriations Acts may be obligated or expended 

21 for the purpose of performing repairs or maintenance to 

22 military family housing units of the Department of De23 fense, including areas in such military family housing 

24 units that may be used for the purpose of conducting offi25 cial Department of Defense business. 
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1 SEC. 8066. Notwithstanding any other provision of 

2 law, funds appropriated in this Act under the heading 

3 ‘‘Research, Development, Test and Evaluation, Defense4 Wide’’ for any new start advanced concept technology 

5 demonstration project may only be obligated 30 days after 

6 a report, including a description of the project, the 

7 planned acquisition and transition strategy and its esti8 mated annual and total cost, has been provided in writing 

9 to the congressional defense committees: Provided, That 

10 the Secretary of Defense may waive this restriction on a 

11 case-by-case basis by certifying to the congressional de12 fense committees that it is in the national interest to do 

13 so. 

14 SEC. 8067. The Secretary of Defense shall provide 

15 a classified quarterly report to the House and Senate Ap16 propriations Committees, Subcommittees on Defense on 

17 certain matters as directed in the classified annex accom18 panying this Act. 

19 SEC. 8068. During the current fiscal year, refunds 

20 attributable to the use of the Government travel card, re21 funds attributable to the use of the Government Purchase 

22 Card and refunds attributable to official Government trav23 el arranged by Government Contracted Travel Manage24 ment Centers may be credited to operation and mainte25 nance, and research, development, test and evaluation ac-
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1 counts of the Department of Defense which are current 

2 when the refunds are received. 

3 SEC. 8069. (a) REGISTERING FINANCIAL MANAGE4 MENT INFORMATION TECHNOLOGY SYSTEMS WITH DOD 

5 CHIEF INFORMATION OFFICER.—None of the funds ap6 propriated in this Act may be used for a mission critical 

7 or mission essential financial management information 

8 technology system (including a system funded by the de9 fense working capital fund) that is not registered with the 

10 Chief Information Officer of the Department of Defense. 

11 A system shall be considered to be registered with that 

12 officer upon the furnishing to that officer of notice of the 

13 system, together with such information concerning the 

14 system as the Secretary of Defense may prescribe. A fi15 nancial management information technology system shall 

16 be considered a mission critical or mission essential infor17 mation technology system as defined by the Under Sec18 retary of Defense (Comptroller). 

19 (b) CERTIFICATIONS AS TO COMPLIANCE WITH FI20 NANCIAL MANAGEMENT MODERNIZATION PLAN.—

21 (1) During the current fiscal year, a financial 

22 management automated information system, a mixed 

23 information system supporting financial and non-fi24 nancial systems, or a system improvement of more 

25 than $1,000,000 may not receive Milestone A ap-
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1 proval, Milestone B approval, or full rate production, 

2 or their equivalent, within the Department of De3 fense until the Under Secretary of Defense (Comp4 troller) certifies, with respect to that milestone, that 

5 the system is being developed and managed in ac6 cordance with the Department’s Financial Manage7 ment Modernization Plan. The Under Secretary of 

8 Defense (Comptroller) may require additional certifi9 cations, as appropriate, with respect to any such sys10 tem. 

11 (2) The Chief Information Officer shall provide 

12 the congressional defense committees timely notifica13 tion of certifications under paragraph (1). 

14 (c) CERTIFICATIONS AS TO COMPLIANCE WITH

15 CLINGER-COHEN ACT.—

16 (1) During the current fiscal year, a major 

17 automated information system may not receive Mile18 stone A approval, Milestone B approval, or full rate 

19 production approval, or their equivalent, within the 

20 Department of Defense until the Chief Information 

21 Officer certifies, with respect to that milestone, that 

22 the system is being developed in accordance with the 

23 Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.). 

24 The Chief Information Officer may require addi-
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1 tional certifications, as appropriate, with respect to 

2 any such system. 

3 (2) The Chief Information Officer shall provide 

4 the congressional defense committees timely notifica5 tion of certifications under paragraph (1). Each 

6 such notification shall include, at a minimum, the 

7 funding baseline and milestone schedule for each 

8 system covered by such a certification and confirma9 tion that the following steps have been taken with 

10 respect to the system: 

11 (A) Business process reengineering. 

12 (B) An analysis of alternatives. 

13 (C) An economic analysis that includes a 

14 calculation of the return on investment. 

15 (D) Performance measures. 

16 (E) An information assurance strategy 

17 consistent with the Department’s Global Infor18 mation Grid. 

19 (d) DEFINITIONS.—For purposes of this section: 

20 (1) The term ‘‘Chief Information Officer’’ 

21 means the senior official of the Department of De22 fense designated by the Secretary of Defense pursu23 ant to section 3506 of title 44, United States Code. 

24 (2) The term ‘‘information technology system’’ 

25 has the meaning given the term ‘‘information tech-
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1 nology’’ in section 5002 of the Clinger-Cohen Act of 

2 1996 (40 U.S.C. 1401). 

3 SEC. 8070. During the current fiscal year, none of 

4 the funds available to the Department of Defense may be 

5 used to provide support to another department or agency 

6 of the United States if such department or agency is more 

7 than 90 days in arrears in making payment to the Depart8 ment of Defense for goods or services previously provided 

9 to such department or agency on a reimbursable basis: 

10 Provided, That this restriction shall not apply if the de11 partment is authorized by law to provide support to such 

12 department or agency on a nonreimbursable basis, and is 

13 providing the requested support pursuant to such author14 ity: Provided further, That the Secretary of Defense may 

15 waive this restriction on a case-by-case basis by certifying 

16 in writing to the Committees on Appropriations of the 

17 House of Representatives and the Senate that it is in the 

18 national security interest to do so. 

19 SEC. 8071. None of the funds provided in this Act 

20 may be used to transfer to any nongovernmental entity 

21 ammunition held by the Department of Defense that has 

22 a center-fire cartridge and a United States military no23 menclature designation of ‘‘armor penetrator’’, ‘‘armor 

24 piercing (AP)’’, ‘‘armor piercing incendiary (API)’’, or 

25 ‘‘armor-piercing incendiary-tracer (API–T)’’, except to an 
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1 entity performing demilitarization services for the Depart2 ment of Defense under a contract that requires the entity 

3 to demonstrate to the satisfaction of the Department of 

4 Defense that armor piercing projectiles are either: (1) ren5 dered incapable of reuse by the demilitarization process; 

6 or (2) used to manufacture ammunition pursuant to a con7 tract with the Department of Defense or the manufacture 

8 of ammunition for export pursuant to a License for Per9 manent Export of Unclassified Military Articles issued by 

10 the Department of State. 

11 SEC. 8072. Notwithstanding any other provision of 

12 law, the Chief of the National Guard Bureau, or his des13 ignee, may waive payment of all or part of the consider14 ation that otherwise would be required under 10 U.S.C. 

15 2667, in the case of a lease of personal property for a 

16 period not in excess of 1 year to any organization specified 

17 in 32 U.S.C. 508(d), or any other youth, social, or fra18 ternal non-profit organization as may be approved by the 

19 Chief of the National Guard Bureau, or his designee, on 

20 a case-by-case basis. 

21 SEC. 8073. None of the funds appropriated by this 

22 Act shall be used for the support of any nonappropriated 

23 funds activity of the Department of Defense that procures 

24 malt beverages and wine with nonappropriated funds for 

25 resale (including such alcoholic beverages sold by the 
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1 drink) on a military installation located in the United 

2 States unless such malt beverages and wine are procured 

3 within that State, or in the case of the District of Colum4 bia, within the District of Columbia, in which the military 

5 installation is located: Provided, That in a case in which 

6 the military installation is located in more than one State, 

7 purchases may be made in any State in which the installa8 tion is located: Provided further, That such local procure9 ment requirements for malt beverages and wine shall 

10 apply to all alcoholic beverages only for military installa11 tions in States which are not contiguous with another 

12 State: Provided further, That alcoholic beverages other 

13 than wine and malt beverages, in contiguous States and 

14 the District of Columbia shall be procured from the most 

15 competitive source, price and other factors considered. 

16 SEC. 8074. Funds available to the Department of De17 fense for the Global Positioning System during the current 

18 fiscal year may be used to fund civil requirements associ19 ated with the satellite and ground control segments of 

20 such system’s modernization program. 

21 (INCLUDING TRANSFER OF FUNDS)

22 SEC. 8075. (a) Of the amounts appropriated in this 

23 Act under the heading, ‘‘Research, Development, Test and 

24 Evaluation, Defense-Wide’’, $90,000,000 shall remain 

25 available until expended: Provided, That notwithstanding 

26 any other provision of law, the Secretary of Defense is 
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1 authorized to transfer such funds to other activities of the 

2 Federal Government. 

3 (b) Of the amounts appropriated in this Act under 

4 the heading, ‘‘Operation and Maintenance, Army’’, 

5 $147,900,000 shall remain available until expended: Pro6 vided, That notwithstanding any other provision of law, 

7 the Secretary of Defense is authorized to transfer such 

8 funds to other activities of the Federal Government: Pro9 vided further, That the Secretary of Defense is authorized 

10 to enter into and carry out contracts for the acquisition 

11 of real property, construction, personal services, and oper12 ations related to projects described in further detail in the 

13 Classified Annex accompanying the Department of De14 fense Appropriations Act, 2006, consistent with the terms 

15 and conditions set forth therein: Provided further, That 

16 contracts entered into under the authority of this section 

17 may provide for such indemnification as the Secretary de18 termines to be necessary: Provided further, That projects 

19 authorized by this section shall comply with applicable 

20 Federal, State, and local law to the maximum extent con21 sistent with the national security, as determined by the 

22 Secretary of Defense. 

23 SEC. 8076. Section 8106 of the Department of De24 fense Appropriations Act, 1997 (titles I through VIII of 

25 the matter under subsection 101(b) of Public Law 104–
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1 208; 110 Stat. 3009–111; 10 U.S.C. 113 note) shall con2 tinue in effect to apply to disbursements that are made 

3 by the Department of Defense in fiscal year 2006. 

4 SEC. 8077. In addition to amounts provided else5 where in this Act, $2,500,000 is hereby appropriated to 

6 the Department of Defense, to remain available for obliga7 tion until expended: Provided, That notwithstanding any 

8 other provision of law, these funds shall be available only 

9 for a grant to the Fisher House Foundation, Inc., only 

10 for the construction and furnishing of additional Fisher 

11 Houses to meet the needs of military family members 

12 when confronted with the illness or hospitalization of an 

13 eligible military beneficiary. 

14 SEC. 8078. Amounts appropriated in title II of this 

15 Act are hereby reduced by $264,630,000 to reflect savings 

16 attributable to efficiencies and management improvements 

17 in the funding of miscellaneous or other contracts in the 

18 military departments, as follows: 

19 (1) From ‘‘Operation and Maintenance, Army’’, 

20 $12,734,000. 

21 (2) From ‘‘Operation and Maintenance, Navy’’, 

22 $91,725,000. 

23 (3) From ‘‘Operation and Maintenance, Marine 

24 Corps’’, $1,870,000. 
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1 (4) From ‘‘Operation and Maintenance, Air 

2 Force’’, $158,301,000. 

3 SEC. 8079. The total amount appropriated or other4 wise made available in this Act is hereby reduced by 

5 $167,000,000 to limit excessive growth in the procure6 ment of advisory and assistance services, to be distributed 

7 as follows: 

8 ‘‘Operation and Maintenance, Army’’, $24,000,000. 

9 ‘‘Operation and Maintenance, Navy’’, $19,000,000. 

10 ‘‘Operation and Maintenance, Air Force’’, 

11 $74,000,000. 

12 ‘‘Operation and Maintenance, Defense-Wide’’, 

13 $50,000,000. 

14 (INCLUDING TRANSFER OF FUNDS)

15 SEC. 8080. Of the amounts appropriated in this Act 

16 under the heading ‘‘Research, Development, Test and 

17 Evaluation, Defense-Wide’’, $77,616,000 shall be made 

18 available for the Arrow missile defense program: Provided, 

19 That of this amount, $15,000,000 shall be available for 

20 the purpose of producing Arrow missile components in the 

21 United States and Arrow missile components and missiles 

22 in Israel to meet Israel’s defense requirements, consistent 

23 with each nation’s laws, regulations and procedures: Pro24 vided further, That funds made available under this provi25 sion for production of missiles and missile components 

26 may be transferred to appropriations available for the pro-
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1 curement of weapons and equipment, to be merged with 

2 and to be available for the same time period and the same 

3 purposes as the appropriation to which transferred: Pro4 vided further, That the transfer authority provided under 

5 this provision is in addition to any other transfer authority 

6 contained in this Act. 

7 (INCLUDING TRANSFER OF FUNDS)

8 SEC. 8081. Of the amounts appropriated in this Act 

9 under the heading ‘‘Shipbuilding and Conversion, Navy’’, 

10 $394,523,000 shall be available until September 30, 2006, 

11 to fund prior year shipbuilding cost increases: Provided, 

12 That upon enactment of this Act, the Secretary of the 

13 Navy shall transfer such funds to the following appropria14 tions in the amounts specified: Provided further, That the 

15 amounts transferred shall be merged with and be available 

16 for the same purposes as the appropriations to which 

17 transferred: 

18 To: Under the heading, ‘‘Shipbuilding and Conver19 sion, Navy, 1998/2007’’: 

20 NSSN, $28,000,000. 

21 Under the heading, ‘‘Shipbuilding and Conver22 sion, Navy, 1999/2009’’: 

23 LPD–17 Amphibious Transport Dock Ship, 

24 $25,000,000; and 

25 NSSN, $72,000,000. 
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1 Under the heading, ‘‘Shipbuilding and Conver2 sion, Navy, 2000/2009’’: 

3 LPD–17 Amphibious Transport Dock Ship, 

4 $41,800,000. 

5 Under the heading, ‘‘Shipbuilding and Conver6 sion, Navy, 2001/2007’’: 

7 Carrier Replacement Program, $145,023,000; 

8 and 

9 NSSN, $82,700,000. 

10 SEC. 8082. The Secretary of the Navy may settle, 

11 or compromise, and pay any and all admiralty claims 

12 under 10 U.S.C. 7622 arising out of the collision involving 

13 the U.S.S. GREENEVILLE and the EHIME MARU, in 

14 any amount and without regard to the monetary limita15 tions in subsections (a) and (b) of that section: Provided, 

16 That such payments shall be made from funds available 

17 to the Department of the Navy for operation and mainte18 nance. 

19 SEC. 8083. Notwithstanding any other provision of 

20 law or regulation, the Secretary of Defense may exercise 

21 the provisions of 38 U.S.C. 7403(g) for occupations listed 

22 in 38 U.S.C. 7403(a)(2) as well as the following: 

23 Pharmacists, Audiologists, and Dental Hygienists. 

24 (A) The requirements of 38 U.S.C. 

25 7403(g)(1)(A) shall apply. 
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1 (B) The limitations of 38 U.S.C. 7403(g)(1)(B) 

2 shall not apply. 

3 SEC. 8084. Funds appropriated by this Act, or made 

4 available by the transfer of funds in this Act, for intel5 ligence activities are deemed to be specifically authorized 

6 by the Congress for purposes of section 504 of the Na7 tional Security Act of 1947 (50 U.S.C. 414) during fiscal 

8 year 2006 until the enactment of the Intelligence Author9 ization Act for fiscal year 2006. 

10 SEC. 8085. None of the funds in this Act may be 

11 used to initiate a new start program without prior written 

12 notification to the Office of Secretary of Defense and the 

13 congressional defense committees. 

14 SEC. 8086. The amounts appropriated in title II of 

15 this Act are hereby reduced by $250,000,000 to reflect 

16 cash balance and rate stabilization adjustments in Depart17 ment of Defense Working Capital Funds, as follows: 

18 (1) From ‘‘Operation and Maintenance, Army’’, 

19 $107,000,000. 

20 (2) From ‘‘Operation and Maintenance, Air 

21 Force’’, $143,000,000. 

22 SEC. 8087. (a) In addition to the amounts provided 

23 elsewhere in this Act, the amount of $6,000,000 is hereby 

24 appropriated to the Department of Defense for ‘‘Oper25 ation and Maintenance, Army National Guard’’. Such 
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1 amount shall be made available to the Secretary of the 

2 Army only to make a grant in the amount of $6,000,000 

3 to the entity specified in subsection (b) to facilitate access 

4 by veterans to opportunities for skilled employment in the 

5 construction industry. 

6 (b) The entity referred to in subsection (a) is the 

7 Center for Military Recruitment, Assessment and Vet8 erans Employment, a nonprofit labor-management co-op9 eration committee provided for by section 302(c)(9) of the 

10 Labor-Management Relations Act, 1947 (29 U.S.C. 

11 186(c)(9)), for the purposes set forth in section 6(b) of 

12 the Labor Management Cooperation Act of 1978 (29 

13 U.S.C. 175a note). 

14 SEC. 8088. FINANCING AND FIELDING OF KEY ARMY

15 CAPABILITIES.—The Department of Defense and the De16 partment of the Army shall make future budgetary and 

17 programming plans to fully finance the Non-Line of Sight 

18 Future Force cannon and resupply vehicle program 

19 (NLOS–C) in order to field this system in fiscal year 

20 2010, consistent with the broader plan to field the Future 

21 Combat System (FCS) in fiscal year 2010: Provided, That 

22 if the Army is precluded from fielding the FCS program 

23 by fiscal year 2010, then the Army shall develop the 

24 NLOS–C independent of the broader FCS development 

25 timeline to achieve fielding by fiscal year 2010. In addition 
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1 the Army will deliver eight (8) combat operational pre2 production NLOS–C systems by the end of calendar year 

3 2008. These systems shall be in addition to those systems 

4 necessary for developmental and operational testing: Pro5 vided further, That the Army shall ensure that budgetary 

6 and programmatic plans will provide for no fewer than 

7 seven (7) Stryker Brigade Combat Teams. 

8 SEC. 8089. In addition to the amounts appropriated 

9 or otherwise made available elsewhere in this Act, 

10 $14,400,000 is hereby appropriated to the Department of 

11 Defense, to remain available until September 30, 2006: 

12 Provided, That the Secretary of Defense shall make grants 

13 in the amounts specified as follows: $4,500,000 to the In14 trepid Sea-Air-Space Foundation; $1,000,000 to the Pen15 tagon Memorial Fund, Inc.; $4,400,000 to the Center for 

16 Applied Science and Technologies at Jordan Valley Inno17 vation Center; $1,000,000 to the Vietnam Veterans Me18 morial Fund for the Teach Vietnam initiative; $500,000 

19 for the Westchester County World Trade Center Memo20 rial; $1,000,000 for the Women in Military Service for 

21 America Memorial Foundation; and $2,000,000 to the 

22 Presidio Trust. 

23 SEC. 8090. None of the funds appropriated in this 

24 Act under the heading ‘‘Overseas Contingency Operations 

25 Transfer Account’’ may be transferred or obligated for 
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1 Department of Defense expenses not directly related to the 

2 conduct of overseas contingencies: Provided, That the Sec3 retary of Defense shall submit a report no later than 30 

4 days after the end of each fiscal quarter to the Committees 

5 on Appropriations of the Senate and House of Representa6 tives that details any transfer of funds from the ‘‘Overseas 

7 Contingency Operations Transfer Account’’: Provided fur8 ther, That the report shall explain any transfer for the 

9 maintenance of real property, pay of civilian personnel, 

10 base operations support, and weapon, vehicle or equipment 

11 maintenance. 

12 SEC. 8091. For purposes of section 1553(b) of title 

13 31, United States Code, any subdivision of appropriations 

14 made in this Act under the heading ‘‘Shipbuilding and 

15 Conversion, Navy’’ shall be considered to be for the same 

16 purpose as any subdivision under the heading ‘‘Ship17 building and Conversion, Navy’’ appropriations in any 

18 prior fiscal year, and the 1 percent limitation shall apply 

19 to the total amount of the appropriation. 

20 SEC. 8092. The budget of the President for fiscal 

21 year 2007 submitted to the Congress pursuant to section 

22 1105 of title 31, United States Code shall include separate 

23 budget justification documents for costs of United States 

24 Armed Forces’ participation in contingency operations for 

25 the Military Personnel accounts, the Operation and Main-
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1 tenance accounts, and the Procurement accounts: Pro2 vided, That these documents shall include a description 

3 of the funding requested for each contingency operation, 

4 for each military service, to include all Active and Reserve 

5 components, and for each appropriations account: Pro6 vided further, That these documents shall include esti7 mated costs for each element of expense or object class, 

8 a reconciliation of increases and decreases for each contin9 gency operation, and programmatic data including, but 

10 not limited to, troop strength for each Active and Reserve 

11 component, and estimates of the major weapons systems 

12 deployed in support of each contingency: Provided further, 

13 That these documents shall include budget exhibits OP–

14 5 and OP–32 (as defined in the Department of Defense 

15 Financial Management Regulation) for all contingency op16 erations for the budget year and the two preceding fiscal 

17 years. 

18 SEC. 8093. None of the funds in this Act may be 

19 used for research, development, test, evaluation, procure20 ment or deployment of nuclear armed interceptors of a 

21 missile defense system. 

22 SEC. 8094. Of the amounts provided in title II of this 

23 Act under the heading, ‘‘Operation and Maintenance, De24 fense-Wide’’, $20,000,000 is available for the Regional 

25 Defense Counter-terrorism Fellowship Program, to fund 
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1 the education and training of foreign military officers, 

2 ministry of defense civilians, and other foreign security of3 ficials, to include United States military officers and civil4 ian officials whose participation directly contributes to the 

5 education and training of these foreign students. 

6 SEC. 8095. None of the funds appropriated or made 

7 available in this Act shall be used to reduce or disestablish 

8 the operation of the 53rd Weather Reconnaissance Squad9 ron of the Air Force Reserve, if such action would reduce 

10 the WC–130 Weather Reconnaissance mission below the 

11 levels funded in this Act: Provided, That the Air Force 

12 shall allow the 53rd Weather Reconnaissance Squadron to 

13 perform other missions in support of national defense re14 quirements during the non-hurricane season. 

15 SEC. 8096. None of the funds provided in this Act 

16 shall be available for integration of foreign intelligence in17 formation unless the information has been lawfully col18 lected and processed during the conduct of authorized for19 eign intelligence activities: Provided, That information 

20 pertaining to United States persons shall only be handled 

21 in accordance with protections provided in the Fourth 

22 Amendment of the United States Constitution as imple23 mented through Executive Order No. 12333. 

24 SEC. 8097. (a) From within amounts made available 

25 in title II of this Act under the heading ‘‘Operation and 
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1 Maintenance, Army’’ $4,500,000 is only for an additional 

2 amount for the project for which funds were appropriated 

3 in section 8103 of Public Law 106–79, for the same pur4 poses, which shall remain available until expended: Pro5 vided, That no funds in this or any other Act, nor non6 appropriated funds, may be used to operate recreational 

7 facilities (such as the officers club, golf course, or bowling 

8 alleys) at Ft. Irwin, California, if such facilities provide 

9 services to Army officers of the grade O–7 or higher, until 

10 such time as the project in the previous proviso has been 

11 fully completed. 

12 (b) From within amounts made available in title II 

13 of this Act under the heading ‘‘Operation and Mainte14 nance, Marine Corps’’, the Secretary of the Navy shall 

15 make a grant in the amount of $2,000,000, notwith16 standing any other provision of law, to the City of 

17 Twentynine Palms, California, for the widening of off-base 

18 Adobe Road, which is used by members of the Marine 

19 Corps stationed at the Marine Corps Air Ground Task 

20 Force Training Center, Twentynine Palms, California, 

21 and their dependents, and for construction of pedestrian 

22 and bike lanes for the road, to provide for the safety of 

23 the Marines stationed at the installation. 

24 SEC. 8098. (a) At the time members of reserve com25 ponents of the Armed Forces are called or ordered to ac-
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1 tive duty under section 12302(a) of title 10, United States 

2 Code, each member shall be notified in writing of the ex3 pected period during which the member will be mobilized. 

4 (b) The Secretary of Defense may waive the require5 ments of subsection (a) in any case in which the Secretary 

6 determines that it is necessary to do so to respond to a 

7 national security emergency or to meet dire operational 

8 requirements of the Armed Forces. 

9 (INCLUDING TRANSFER OF FUNDS)

10 SEC. 8099. The Secretary of the Navy may transfer 

11 funds from any available Department of the Navy appro12 priation to any available Navy ship construction appro13 priation for the purpose of liquidating necessary changes 

14 resulting from inflation, market fluctuations, or rate ad15 justments for any ship construction program appropriated 

16 in law: Provided, That the Secretary may transfer not to 

17 exceed $100,000,000 under the authority provided by this 

18 section: Provided further, That the funding transferred 

19 shall be available for the same time period as the appro20 priation to which transferred: Provided further, That the 

21 Secretary may not transfer any funds until 30 days after 

22 the proposed transfer has been reported to the Committee 

23 on Appropriations of the Senate and the House of Rep24 resentatives, unless sooner notified by the Committees 

25 that there is no objection to the proposed transfer: Pro26 vided further, That the transfer authority provided by this 
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1 section is in addition to any other transfer authority con2 tained elsewhere in this Act. 

3 SEC. 8100. (a) The total amount appropriated or oth4 erwise made available in title II of this Act is hereby re5 duced by $147,000,000 to limit excessive growth in the 

6 travel and transportation of persons. 

7 (b) The Secretary of Defense shall allocate this re8 duction proportionately to each budget activity, activity 

9 group, subactivity group, and each program, project, and 

10 activity within each applicable appropriation account. 

11 SEC. 8101. Of the funds appropriated or otherwise 

12 made available in this Act, a reduction of $176,500,000 

13 is hereby taken from title III, Procurement, from the fol14 lowing accounts in the specified amounts: 

15 ‘‘Missile Procurement, Army’’, $9,000,000. 

16 ‘‘Other Procurement, Army’’, $112,500,000. 

17 ‘‘Procurement, Marine Corps’’, $55,000,000: 

18 Provided, That within 30 days of enactment of this Act, 

19 the Secretary of the Army and the Secretary of the Navy 

20 shall provide a report to the House Committee on Appro21 priations and the Senate Committee on Appropriations 

22 which describes the application of these reductions to pro23 grams, projects or activities within these accounts. 

24 (INCLUDING TRANSFER OF FUNDS)

25 SEC. 8102. (a) THREE-YEAR EXTENSION.—During 

26 the current fiscal year and each of fiscal years 2007 and 
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1 2008, the Secretary of Defense may transfer not more 

2 than $20,000,000 of unobligated balances remaining in 

3 the expiring RDT&E, Army, appropriation account to a 

4 current Research, Development, Test and Evaluation, 

5 Army, appropriation account to be used only for the con6 tinuation of the Army Venture Capital Fund demonstra7 tion. 

8 (b) EXPIRING RDT&E, ARMY, ACCOUNT.—For pur9 poses of this section, for any fiscal year, the expiring 

10 RDT&E, Army, account is the Research, Development, 

11 Test and Evaluation, Army, appropriation account that is 

12 then in its last fiscal year of availability for obligation be13 fore the account closes under section 1552 of title 31, 

14 United States Code. 

15 (c) ARMY VENTURE CAPITAL FUND DEMONSTRA16 TION.—For purposes of this section, the Army Venture 

17 Capital Fund demonstration is the program for which 

18 funds were initially provided in section 8150 of the De19 partment of Defense Appropriations Act, 2002 (division 

20 A of Public Law 107–117; 115 Stat. 2281), as extended 

21 and revised in section 8105 of Department of Defense Ap22 propriations Act, 2003 (Public Law 107–248; 116 Stat. 

23 1562). 

24 (d) ADMINISTRATIVE PROVISIONS.—The provisos in 

25 section 8105 of the Department of Defense Appropriations 
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1 Act, 2003 (Public Law 107–248; 116 Stat. 1562), shall 

2 apply with respect to amounts transferred under this sec3 tion in the same manner as to amounts transferred under 

4 that section. 

5 TITLE IX 

6 ADDITIONAL APPROPRIATIONS 

7 MILITARY PERSONNEL 

8 MILITARY PERSONNEL, ARMY

9 For an additional amount for ‘‘Military Personnel, 

10 Army’’, $5,877,400,000: Provided, That the amount pro11 vided under this heading is designated as making appro12 priations for contingency operations related to the global 

13 war on terrorism pursuant to section 402 of H. Con. Res. 

14 95 (109th Congress), the concurrent resolution on the 

15 budget for fiscal year 2006. 

16 MILITARY PERSONNEL, NAVY

17 For an additional amount for ‘‘Military Personnel, 

18 Navy’’, $282,000,000: Provided, That the amount pro19 vided under this heading is designated as making appro20 priations for contingency operations related to the global 

21 war on terrorism pursuant to section 402 of H. Con. Res. 

22 95 (109th Congress), the concurrent resolution on the 

23 budget for fiscal year 2006. 
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1 MILITARY PERSONNEL, MARINE CORPS

2 For an additional amount for ‘‘Military Personnel, 

3 Marine Corps’’, $667,800,000: Provided, That the amount 

4 provided under this heading is designated as making ap5 propriations for contingency operations related to the 

6 global war on terrorism pursuant to section 402 of H. 

7 Con. Res. 95 (109th Congress), the concurrent resolution 

8 on the budget for fiscal year 2006. 

9 MILITARY PERSONNEL, AIR FORCE

10 For an additional amount for ‘‘Military Personnel, 

11 Air Force’’, $982,800,000: Provided, That the amount 

12 provided under this heading is designated as making ap13 propriations for contingency operations related to the 

14 global war on terrorism pursuant to section 402 of H. 

15 Con. Res. 95 (109th Congress), the concurrent resolution 

16 on the budget for fiscal year 2006. 

17 RESERVE PERSONNEL, ARMY

18 For an additional amount for ‘‘Reserve Personnel, 

19 Army’’, $138,755,000: Provided, That the amount pro20 vided under this heading is designated as making appro21 priations for contingency operations related to the global 

22 war on terrorism pursuant to section 402 of H. Con. Res. 

23 95 (109th Congress), the concurrent resolution on the 

24 budget for fiscal year 2006. 
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1 NATIONAL GUARD PERSONNEL, ARMY

2 For an additional amount for ‘‘National Guard Per3 sonnel, Army’’, $67,000,000: Provided, That the amount 

4 provided under this heading is designated as making ap5 propriations for contingency operations related to the 

6 global war on terrorism pursuant to section 402 of H. 

7 Con. Res. 95 (109th Congress), the concurrent resolution 

8 on the budget for fiscal year 2006. 

9 OPERATION AND MAINTENANCE 

10 OPERATION AND MAINTENANCE, ARMY

11 For an additional amount for ‘‘Operation and Main12 tenance, Army’’, $20,398,450,000: Provided, That the 

13 amount provided under this heading is designated as mak14 ing appropriations for contingency operations related to 

15 the global war on terrorism pursuant to section 402 of 

16 H. Con. Res. 95 (109th Congress), the concurrent resolu17 tion on the budget for fiscal year 2006. 

18 OPERATION AND MAINTENANCE, NAVY

19 For an additional amount for ‘‘Operation and Main20 tenance, Navy’’, $1,907,800,000: Provided, That the 

21 amount provided under this heading is designated as mak22 ing appropriations for contingency operations related to 

23 the global war on terrorism pursuant to section 402 of 

24 H. Con. Res. 95 (109th Congress), the concurrent resolu25 tion on the budget for fiscal year 2006. 
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1 OPERATION AND MAINTENANCE, MARINE CORPS

2 For an additional amount for ‘‘Operation and Main3 tenance, Marine Corps’’, $1,827,150,000: Provided, That 

4 the amount provided under this heading is designated as 

5 making appropriations for contingency operations related 

6 to the global war on terrorism pursuant to section 402 

7 of H. Con. Res. 95 (109th Congress), the concurrent reso8 lution on the budget for fiscal year 2006. 

9 OPERATION AND MAINTENANCE, AIR FORCE

10 For an additional amount for ‘‘Operation and Main11 tenance, Air Force’’, $3,559,900,000: Provided, That the 

12 amount provided under this heading is designated as mak13 ing appropriations for contingency operations related to 

14 the global war on terrorism pursuant to section 402 of 

15 H. Con. Res. 95 (109th Congress), the concurrent resolu16 tion on the budget for fiscal year 2006. 

17 OPERATION AND MAINTENANCE, DEFENSE-WIDE

18 For an additional amount for ‘‘Operation and Main19 tenance, Defense-Wide’’, $826,000,000: Provided, That 

20 the amount provided under this heading is designated as 

21 making appropriations for contingency operations related 

22 to the global war on terrorism pursuant to section 402 

23 of H. Con. Res. 95 (109th Congress), the concurrent reso24 lution on the budget for fiscal year 2006. 
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1 IRAQ FREEDOM FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For an additional amount for ‘‘Iraq Freedom Fund’’, 

4 $3,500,000,000, to remain available for transfer until 

5 September 30, 2007, only to support operations in Iraq 

6 or Afghanistan and classified activities: Provided, That the 

7 Secretary of Defense may transfer the funds provided 

8 herein to appropriations for military personnel; operation 

9 and maintenance; Overseas Humanitarian, Disaster, and 

10 Civic Aid; procurement; research, development, test and 

11 evaluation; and working capital funds: Provided further, 

12 That of the amounts provided under this heading, not less 

13 than $2,500,000,000 shall be for classified programs, 

14 which shall be in addition to amounts provided for else15 where in this Act: Provided further, That funds trans16 ferred shall be merged with and be available for the same 

17 purposes and for the same time period as the appropria18 tion or fund to which transferred: Provided further, That 

19 this transfer authority is in addition to any other transfer 

20 authority available to the Department of Defense: Pro21 vided further, That upon a determination that all or part 

22 of the funds transferred from this appropriation are not 

23 necessary for the purposes provided herein, such amounts 

24 may be transferred back to this appropriation: Provided 

25 further, That the Secretary of Defense shall, not fewer 
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1 than 5 days prior to making transfers from this appropria2 tion, notify the congressional defense committees in writ3 ing of the details of any such transfer: Provided further, 

4 That the Secretary shall submit a report no later than 

5 30 days after the end of each fiscal quarter to the congres6 sional defense committees summarizing the details of the 

7 transfer of funds from this appropriation: Provided fur8 ther, That the amount provided under this heading is des9 ignated as making appropriations for contingency oper10 ations related to the global war on terrorism pursuant to 

11 section 402 of H. Con. Res. 95 (109th Congress), the con12 current resolution on the budget for fiscal year 2006. 

13 OPERATION AND MAINTENANCE, ARMY RESERVE

14 For an additional amount for ‘‘Operation and Main15 tenance, Army Reserve’’, $35,700,000: Provided, That the 

16 amount provided under this heading is designated as mak17 ing appropriations for contingency operations related to 

18 the global war on terrorism pursuant to section 402 of 

19 H. Con. Res. 95 (109th Congress), the concurrent resolu20 tion on the budget for fiscal year 2006. 

21 OPERATION AND MAINTENANCE, MARINE CORPS

22 RESERVE

23 For an additional amount for ‘‘Operation and Main24 tenance, Marine Corps Reserve’’, $23,950,000: Provided, 

25 That the amount provided under this heading is des-
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1 ignated as making appropriations for contingency oper2 ations related to the global war on terrorism pursuant to 

3 section 402 of H. Con. Res. 95 (109th Congress), the con4 current resolution on the budget for fiscal year 2006. 

5 OPERATION AND MAINTENANCE, ARMY NATIONAL

6 GUARD

7 For an additional amount for ‘‘Operation and Main8 tenance, Army National Guard’’, $159,500,000: Provided, 

9 That the amount provided under this heading is des10 ignated as making appropriations for contingency oper11 ations related to the global war on terrorism pursuant to 

12 section 402 of H. Con. Res. 95 (109th Congress), the con13 current resolution on the budget for fiscal year 2006. 

14 PROCUREMENT 

15 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

16 VEHICLES, ARMY

17 For an additional amount for ‘‘Procurement of Weap18 ons and Tracked Combat Vehicles, Army’’, $455,427,000, 

19 to remain available until September 30, 2008: Provided, 

20 That the amount provided under this heading is des21 ignated as making appropriations for contingency oper22 ations related to the global war on terrorism pursuant to 

23 section 402 of H. Con. Res. 95 (109th Congress), the con24 current resolution on the budget for fiscal year 2006. 
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1 PROCUREMENT OF AMMUNITION, ARMY

2 For an additional amount for ‘‘Procurement of Am3 munition, Army’’, $13,900,000, to remain available until 

4 September 30, 2008: Provided, That the amount provided 

5 under this heading is designated as making appropriations 

6 for contingency operations related to the global war on ter7 rorism pursuant to section 402 of H. Con. Res. 95 (109th 

8 Congress), the concurrent resolution on the budget for fis9 cal year 2006. 

10 OTHER PROCUREMENT, ARMY

11 For an additional amount for ‘‘Other Procurement, 

12 Army’’, $1,501,270,000, to remain available until Sep13 tember 30, 2008: Provided, That of the amount provided 

14 in this paragraph, not less than $200,370,000 shall be 

15 available only for the Army Reserve: Provided further, 

16 That the amount provided under this heading is des17 ignated as making appropriations for contingency oper18 ations related to the global war on terrorism pursuant to 

19 section 402 of H. Con. Res. 95 (109th Congress), the con20 current resolution on the budget for fiscal year 2006. 

21 WEAPONS PROCUREMENT, NAVY

22 For an additional amount for ‘‘Weapons Procure23 ment, Navy’’, $81,696,000, to remain available until Sep24 tember 30, 2008: Provided, That the amount provided 

25 under this heading is designated as making appropriations 
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1 for contingency operations related to the global war on ter2 rorism pursuant to section 402 of H. Con. Res. 95 (109th 

3 Congress), the concurrent resolution on the budget for fis4 cal year 2006. 

5 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

6 CORPS

7 For an additional amount for ‘‘Procurement of Am8 munition, Navy and Marine Corps’’, $144,721,000, to re9 main available until September 30, 2008: Provided, That 

10 the amount provided under this heading is designated as 

11 making appropriations for contingency operations related 

12 to the global war on terrorism pursuant to section 402 

13 of H. Con. Res. 95 (109th Congress), the concurrent reso14 lution on the budget for fiscal year 2006. 

15 OTHER PROCUREMENT, NAVY

16 For an additional amount for ‘‘Other Procurement, 

17 Navy’’, $48,800,000, to remain available until September 

18 30, 2008: Provided, That the amount provided under this 

19 heading is designated as making appropriations for contin20 gency operations related to the global war on terrorism 

21 pursuant to section 402 of H. Con. Res. 95 (109th Con22 gress), the concurrent resolution on the budget for fiscal 

23 year 2006. 
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1 PROCUREMENT, MARINE CORPS

2 For an additional amount for ‘‘Procurement, Marine 

3 Corps’’, $389,900,000, to remain available until Sep4 tember 30, 2008: Provided, That the amount provided 

5 under this heading is designated as making appropriations 

6 for contingency operations related to the global war on ter7 rorism pursuant to section 402 of H. Con. Res. 95 (109th 

8 Congress), the concurrent resolution on the budget for fis9 cal year 2006. 

10 AIRCRAFT PROCUREMENT, AIR FORCE

11 For an additional amount for ‘‘Aircraft Procurement, 

12 Air Force’’, $115,300,000, to remain available until Sep13 tember 30, 2008: Provided, That the amount provided 

14 under this heading is designated as making appropriations 

15 for contingency operations related to the global war on ter16 rorism pursuant to section 402 of H. Con. Res. 95 (109th 

17 Congress), the concurrent resolution on the budget for fis18 cal year 2006. 

19 OTHER PROCUREMENT, AIR FORCE

20 For an additional amount for ‘‘Other Procurement, 

21 Air Force’’, $2,400,000, to remain available until Sep22 tember 30, 2008: Provided, That the amount provided 

23 under this heading is designated as making appropriations 

24 for contingency operations related to the global war on ter25 rorism pursuant to section 402 of H. Con. Res. 95 (109th 
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1 Congress), the concurrent resolution on the budget for fis2 cal year 2006. 

3 PROCUREMENT, DEFENSE-WIDE

4 For an additional amount for ‘‘Procurement, De5 fense-Wide’’, $103,900,000, to remain available until Sep6 tember 30, 2008: Provided, That the amount provided 

7 under this heading is designated as making appropriations 

8 for contingency operations related to the global war on ter9 rorism pursuant to section 402 of H. Con. Res. 95 (109th 

10 Congress), the concurrent resolution on the budget for fis11 cal year 2006. 

12 RESEARCH, DEVELOPMENT, TEST AND 

13 EVALUATION 

14 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

15 NAVY

16 For an additional amount for ‘‘Research, Develop17 ment, Test and Evaluation, Navy’’, $13,100,000, to re18 main available until September 30, 2007: Provided, That 

19 the amount provided under this heading is designated as 

20 making appropriations for contingency operations related 

21 to the global war on terrorism pursuant to section 402 

22 of H. Con. Res. 95 (109th Congress), the concurrent reso23 lution on the budget for fiscal year 2006. 
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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

2 DEFENSE-WIDE

3 For an additional amount for ‘‘Research, Develop4 ment, Test and Evaluation, Defense-Wide’’, $75,000,000, 

5 to remain available until September 30, 2007: Provided, 

6 That the amount provided under this heading is des7 ignated as making appropriations for contingency oper8 ations related to the global war on terrorism pursuant to 

9 section 402 of H. Con. Res. 95 (109th Congress), the con10 current resolution on the budget for fiscal year 2006. 

11 REVOLVING AND MANAGEMENT FUNDS 

12 DEFENSE WORKING CAPITAL FUNDS

13 For an additional amount for ‘‘Defense Working 

14 Capital Funds’’, $2,055,000,000: Provided, That the 

15 amount provided under this heading is designated as mak16 ing appropriations for contingency operations related to 

17 the global war on terrorism pursuant to section 402 of 

18 H. Con. Res. 95 (109th Congress), the concurrent resolu19 tion on the budget for fiscal year 2006. 

20 TITLE IX 

21 GENERAL PROVISIONS 

22 SEC. 9001. Appropriations provided in this title are 

23 available for obligation until September 30, 2006, unless 

24 otherwise so provided in this title. 
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1 SEC. 9002. Notwithstanding any other provision of 

2 law or of this Act, funds made available in this title are 

3 in addition to amounts provided elsewhere in this Act. 

4 (TRANSFER OF FUNDS)

5 SEC. 9003. Upon his determination that such action 

6 is necessary in the national interest, the Secretary of De7 fense may transfer between appropriations up to 

8 $2,500,000,000 of the funds made available to the De9 partment of Defense in this title: Provided, That the Sec10 retary shall notify the Congress promptly of each transfer 

11 made pursuant to the authority in this section: Provided 

12 further, That the authority provided in this section is in 

13 addition to any other transfer authority available to the 

14 Department of Defense and is subject to the same terms 

15 and conditions as the authority provided in section 8005 

16 of this Act: Provided further, That the amounts trans17 ferred under the authority of this section are designated 

18 as making appropriations for contingency operations re19 lated to the global war on terrorism pursuant to section 

20 402 of H. Con. Res. 95 (109th Congress), the concurrent 

21 resolution on the budget for fiscal year 2006. 

22 SEC. 9004. Funds appropriated in this title, or made 

23 available by the transfer of funds in or pursuant to this 

24 title, for intelligence activities are deemed to be specifically 

25 authorized by the Congress for purposes of section 504 

26 of the National Security Act of 1947 (50 U.S.C. 414) dur-
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1 ing fiscal year 2006 until the enactment of the Intelligence 

2 Authorization Act for fiscal year 2006. 

3 SEC. 9005. None of the funds provided in this title 

4 may be used to finance programs or activities denied by 

5 Congress in fiscal years 2005 or 2006 appropriations to 

6 the Department of Defense or to initiate a procurement 

7 or research, development, test and evaluation new start 

8 program without prior written notification to the congres9 sional defense committees. 

10 SEC. 9006. Notwithstanding any other provision of 

11 law, funds made available in this title to the Department 

12 of Defense for operation and maintenance may be used 

13 by the Secretary of Defense, with the concurrence of the 

14 Secretary of State, to train, equip and provide related as15 sistance only to military or security forces of Iraq and Af16 ghanistan to enhance their capability to combat terrorism 

17 and to support United States military operations in Iraq 

18 and Afghanistan: Provided, That such assistance may in19 clude the provision of equipment, supplies, services, train20 ing, and funding: Provided further, That the authority to 

21 provide assistance under this section is in addition to any 

22 other authority to provide assistance to foreign nations: 

23 Provided further, That the Secretary of Defense shall no24 tify the congressional defense committees, the Committee 

25 on International Relations of the House of Representa-
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1 tives, and the Committee on Foreign Relations of the Sen2 ate not less than 15 days before providing assistance 

3 under the authority of this section. 

4 SEC. 9007. (a) FISCAL YEAR 2006 AUTHORITY.—

5 During the current fiscal year, from funds made available 

6 to the Department of Defense for operation and mainte7 nance pursuant to title IX, not to exceed $500,000,000 

8 may be used by the Secretary of Defense to provide 

9 funds—

10 (1) for the Commanders’ Emergency Response 

11 Program established by the Administrator of the Co12 alition Provisional Authority for the purpose of ena13 bling United States military commanders in Iraq to 

14 respond to urgent humanitarian relief and recon15 struction requirements within their areas of respon16 sibility by carrying out programs that will imme17 diately assist the Iraqi people; and 

18 (2) for a similar program to assist the people 

19 of Afghanistan. 

20 (b) QUARTERLY REPORTS.—Not later than 15 days 

21 after the end of each fiscal year quarter, the Secretary 

22 of Defense shall submit to the congressional defense com23 mittees a report regarding the source of funds and the 

24 allocation and use of funds during that quarter that were 

25 made available pursuant to the authority provided in this 
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1 section or under any other provision of law for the pur2 poses stated in subsection (a). 

3 (c) LIMITATION ON USE OF FUNDS.—Funds author4 ized for the Commanders’ Emergency Response Program 

5 by this section may not be used to provide goods, services, 

6 or funds to national armies, national guard forces, border 

7 security forces, civil defense forces, infrastructure protec8 tion forces, highway patrol units, police, special police, or 

9 intelligence or other security forces. 

10 (d) SECRETARY OF DEFENSE GUIDANCE.—Not later 

11 than 90 days after the date of the enactment of this Act, 

12 the Secretary of Defense shall issue to the commander of 

13 the United States Central Command detailed guidance 

14 concerning the types of activities for which United States 

15 military commanders in Iraq may use funds under the 

16 Commanders’ Emergency Response Program to respond 

17 to urgent relief and reconstruction requirements and the 

18 terms under which such funds may be expended. The Sec19 retary shall simultaneously provide a copy of that guid20 ance to the congressional defense committees. 

21 SEC. 9008. During the current fiscal year, funds 

22 available to the Department of Defense for operation and 

23 maintenance may be used, notwithstanding any other pro24 vision of law, to provide supplies, services, transportation, 

25 including airlift and sealift, and other logistical support 
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1 to coalition forces supporting military and stability oper2 ations in Iraq and Afghanistan: Provided, That the Sec3 retary of Defense shall provide quarterly reports to the 

4 congressional defense committees regarding support pro5 vided under this section. 

6 SEC. 9009. Congress, consistent with international 

7 and United States law, reaffirms that torture of prisoners 

8 of war and detainees is illegal and does not reflect the 

9 policies of the United States Government or the values of 

10 the people of the United States. 

11 SEC. 9010. The reporting requirements of section 

12 9010 of Public Law 108–287 regarding the military oper13 ations of the Armed Forces and the reconstruction activi14 ties of the Department of Defense in Iraq and Afghanistan 

15 shall apply to the funds appropriated in this Act. 

16 SEC. 9011. The Secretary of Defense may present 

17 promotional materials, including a United States flag, to 

18 any member of an Active or Reserve component under the 

19 Secretary’s jurisdiction who, as determined by the Sec20 retary, participates in Operation Enduring Freedom or 

21 Operation Iraqi Freedom. 

22 SEC. 9012. SENSE OF CONGRESS AND REPORT CON23 CERNING RELIGIOUS FREEDOM AND TOLERANCE AT

24 UNITED STATES AIR FORCE ACADEMY. (a) SENSE OF

25 CONGRESS.—It is the sense of Congress that—
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1 (1) the expression of personal religious faith is 

2 welcome in the United States military; 

3 (2) the military must be a place where there is 

4 freedom for religious expression for all faiths; and 

5 (3) the Secretary of the Air Force and the De6 partment of Defense Inspector General have under7 taken several reviews of the issues of religious toler8 ance at the Air Force Academy. 

9 (b) REPORT.—

10 (1) RECOMMENDATIONS.—The Secretary of the 

11 Air Force, based upon the reviews referred in sub12 section (a)(3), shall develop recommendations to 

13 maintain a positive climate of religious freedom and 

14 tolerance at the United States Air Force Academy. 

15 (2) SECRETARY OF AIR FORCE REPORT.—Not 

16 later than 90 days after the date of the enactment 

17 of this Act, the Secretary shall submit to the con18 gressional defense committees a report providing the 

19 recommendations developed pursuant to paragraph 

20 (1). 

21 SEC. 9013. None of the funds made available in this 

22 Act may be used in contravention of the following laws 

23 enacted or regulations promulgated to implement the 

24 United Nations Convention Against Torture and Other 
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1 Cruel, Inhuman or Degrading Treatment or Punishment 

2 (done at New York on December 10, 1984): 

3 (1) Section 2340A of title 18, United States 

4 Code. 

5 (2) Section 2242 of the Foreign Affairs Reform 

6 and Restructuring Act of 1998 (division G of Public 

7 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 

8 note) and any regulations prescribed thereto, includ9 ing regulations under part 208 of title 8, Code of 

10 Federal Regulations, and part 95 of title 22, Code 

11 of Federal Regulations. 

12 This Act may be cited as the ‘‘Department of Defense 

13 Appropriations Act, 2006’’.

Passed the House of Representatives June 20, 2005. 

Attest: JEFF TRANDAHL, 

Clerk.