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craft, during fiscal year 2006: Provided further, That the
Secretary of Defense shall include in the Air Force budget
request for fiscal year 2007 amounts sufficient to maintain
a B–52 force totaling 94 aircraft.
SEC. 8105. The Secretary of the Air Force is author-
ized, using funds available under the heading ‘‘Operation
and Maintenance, Air Force’’, to complete a phased repair
project, which repairs may include upgrades and additions,
to the infrastructure of the operational ranges managed by
the Air Force in Alaska: Provided, That the total cost of
such phased projects shall not exceed $32,000,000.
SEC. 8106. In addition to the amounts appropriated
or otherwise made available elsewhere in this Act,
$12,850,000 is hereby appropriated to the Department of
Defense, to remain available until September 30, 2006: Pro-
vided, That the Secretary of Defense shall make grants in
the amounts specified as follows: $850,000 to the Fort Des
Moines Memorial Park and Education Center; $2,000,000
to the American Civil War Center at Historic Tredegar;
$3,000,000 to the Museum of Flight, American Heroes Col-
lection; $1,000,000 to the National Guard Youth Founda-
tion; $3,000,000 to the United Services Organization;
$2,000,000 to the Dwight D. Eisenhower Memorial Com-
mission; and $1,000,000 to the Iraq Cultural Heritage As-
sistance Project.
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(TRANSFER OF FUNDS)
SEC. 8107. The Secretary of Defense may transfer
funds from any currently available Department of the Navy
appropriation to any available Navy shipbuilding and con-
version appropriation for the purpose of funding ship-
building cost increases for any ship construction program,
to be merged with and to be available for the same purposes
and for the same time period as the appropriation to which
transferred: Provided, That all transfers under this section
shall be subject to the notification requirements applicable
to transfers under section 8005 of this Act.
SEC. 8108. The budget of the President for fiscal year
2007 submitted to the Congress pursuant to section 1105
of title 31, United States Code shall include separate budget
justification documents for costs of United States Armed
Forces’ participation in contingency operations for the
Military Personnel accounts, the Operation and Mainte-
nance accounts, and the Procurement accounts: Provided,
That these documents shall include a description of the
funding requested for each contingency operation, for each
military service, to include all Active and Reserve compo-
nents, and for each appropriations account: Provided fur-
ther, That these documents shall include estimated costs for
each element of expense or object class, a reconciliation of
increases and decreases for each contingency operation, and
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programmatic data including, but not limited to, troop
strength for each Active and Reserve component, and esti-
mates of the major weapons systems deployed in support
of each contingency: Provided further, That these documents
shall include budget exhibits OP–5 and OP–32 (as defined
in the Department of Defense Financial Management Regu-
lation) for all contingency operations for the budget year
and the two preceding fiscal years.
SEC. 8109. Of the amounts provided in title II of this
Act under the heading, ‘‘Operation and Maintenance, De-
fense-Wide’’, $20,000,000 is available for the Regional De-
fense Counter-terrorism Fellowship Program, to fund the
education and training of foreign military officers, min-
istry of defense civilians, and other foreign security offi-
cials, to include United States military officers and civilian
officials whose participation directly contributes to the edu-
cation and training of these foreign students.
SEC. 8110. None of the funds appropriated or made
available in this Act shall be used to reduce or disestablish
the operation of the 53rd Weather Reconnaissance Squad-
ron of the Air Force Reserve, if such action would reduce
the WC–130 Weather Reconnaissance mission below the lev-
els funded in this Act: Provided, That the Air Force shall
allow the 53rd Weather Reconnaissance Squadron to per-
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form other missions in support of national defense require-
ments during the non-hurricane season.
SEC. 8111. None of the funds provided in this Act shall
be available for integration of foreign intelligence informa-
tion unless the information has been lawfully collected and
processed during the conduct of authorized foreign intel-
ligence activities: Provided, That information pertaining to
United States persons shall only be handled in accordance
with protections provided in the Fourth Amendment of the
United States Constitution as implemented through Execu-
tive Order No. 12333.
SEC. 8112. For purposes of section 612 of title 41,
United States Code, any subdivision of appropriations
made under the heading ‘‘Shipbuilding and Conversion,
Navy’’ that is not closed at the time reimbursement is made
shall be available to reimburse the Judgment Fund and
shall be considered for the same purposes as any subdivision
under the heading ‘‘Shipbuilding and Conversion, Navy’’
appropriations in the current fiscal year or any prior fiscal
year.
(TRANSFER OF FUNDS)
SEC. 8113. Upon enactment of this Act, the Secretary
of Defense shall make the following transfer of funds: Pro-
vided, That funds so transferred shall be merged with and
shall be available for the same purpose and for the same
time period as the appropriation to which transferred: Pro-
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vided further, That the amounts shall be transferred between
the following appropriations in the amounts specified:
From:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 2003/2007’’:
For outfitting, post delivery, conver-
sions, and first destination transportation,
$3,300,000;
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 2004/2008’’:
For outfitting, post delivery, conver-
sions, and first destination transportation,
$6,100,000;
To:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 2003/2007’’:
SSGN, $3,300,000.
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 2004/2008’’:
SSGN, $6,100,000.
SEC. 8114. None of the funds in this Act may be obli-
gated for a classified program as described on page 18 of
the compartmented annex to Volume IV of the Fiscal Year
2006 National Intelligence Program justification book un-
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less specifically authorized in the Intelligence Authorization
Act for Fiscal Year 2006.
SEC. 8115. (a) The Director of the Office of Manage-
ment and Budget shall, in coordination with the Secretary
of Defense and the Secretary of Homeland Security, conduct
a study on improving the response of the Federal Govern-
ment to disasters.
(b) The study under subsection (a) shall—
(1) consider mechanisms for coordinating and
expediting disaster response efforts;
(2) examine the role of the Department of De-
fense in participating in disaster response efforts, in-
cluding by providing planning, logistics, and relief
and reconstruction assistance;
(3) consider the establishment of criteria for
automatically triggering the participation of the De-
partment of Defense in disaster response efforts; and
(4) assess the role of the United States Geological
Survey in enhancing disaster preparation measures.
(c) Not later than May 1, 2006, the Director of the
Office of Management and Budget shall submit to Congress
a report on the study conducted under subsection (a),
including—
(1) recommendations for improving the response
of the Federal Government to disasters, including by
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providing for greater participation by the Depart-
ment of Defense in response efforts; and
(2) proposals for any legislation or regulations
that the Director determines necessary to implement
such recommendations.
SEC. 8116. (a) From the money in the Treasury not
otherwise obligated or appropriated, there are appropriated
to the Centers for Disease Control and Prevention
$3,913,000,000 for activities relating to the avian flu epi-
demic during the fiscal year ending September 30, 2006,
which shall be available until expended.
(b) Of the amount appropriated under subsection
(a)—
(1) $3,080,000,000 shall be for the stockpiling of
antivirals and necessary medical supplies;
(2) $33,000,000 shall be for global surveillance
relating to avian flu;
(3) $125,000,000 shall be to increase the national
investment in domestic vaccine infrastructure includ-
ing development and research;
(4) $600,000,000 shall be for additional grants
to state and local public health agencies for emergency
preparedness, to increase funding for emergency pre-
paredness centers, and to expand hospital surge ca-
pacity;
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(5) $75,000,000 shall be for risk communication
and outreach to providers, businesses, and to the
American public;
(c) The amount appropriated under subsection (a)—
(1) is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th
Congress); and
(2) shall remain available until expended.
(d) This section shall take effect on the date of enact-
ment of this Act.
SEC. 8117. Nonreduction in pay while Federal em-
ployee is performing active service in the uniformed services
or National Guard. (a) SHORT TITLE.—This section may
be cited as the ‘‘Reservists Pay Security Act of 2005’’.
(b) IN GENERAL.—Subchapter IV of chapter 55 of title
5, United States Code, is amended by adding at the end
the following:
‘‘§ 5538. Nonreduction in pay while serving in the uni-
formed services or National Guard
‘‘(a) An employee who is absent from a position of em-
ployment with the Federal Government in order to perform
active duty in the uniformed services pursuant to a call
or order to active duty under a provision of law referred
to in section 101(a)(13)(B) of title 10 shall be entitled, while
serving on active duty, to receive, for each pay period de-
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scribed in subsection (b), an amount equal to the amount
by which—
‘‘(1) the amount of basic pay which would other-
wise have been payable to such employee for such pay
period if such employee’s civilian employment with
the Government had not been interrupted by that
service, exceeds (if at all)
‘‘(2) the amount of pay and allowances which
(as determined under subsection (d))—
‘‘(A) is payable to such employee for that
service; and
‘‘(B) is allocable to such pay period.
‘‘(b)(1) Amounts under this section shall be payable
with respect to each pay period (which would otherwise
apply if the employee’s civilian employment had not been
interrupted)—
‘‘(A) during which such employee is entitled to
reemployment rights under chapter 43 of title 38 with
respect to the position from which such employee is
absent (as referred to in subsection (a)); and
‘‘(B) for which such employee does not otherwise
receive basic pay (including by taking any annual,
military, or other paid leave) to which such employee
is entitled by virtue of such employee’s civilian em-
ployment with the Government.
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‘‘(2) For purposes of this section, the period during
which an employee is entitled to reemployment rights under
chapter 43 of title 38—
‘‘(A) shall be determined disregarding the provi-
sions of section 4312(d) of title 38; and
‘‘(B) shall include any period of time specified
in section 4312(e) of title 38 within which an em-
ployee may report or apply for employment or reem-
ployment following completion of service on active
duty to which called or ordered as described in sub-
section (a).
‘‘(c) Any amount payable under this section to an em-
ployee shall be paid—
‘‘(1) by such employee’s employing agency;
‘‘(2) from the appropriation or fund which
would be used to pay the employee if such employee
were in a pay status; and
‘‘(3) to the extent practicable, at the same time
and in the same manner as would basic pay if such
employee’s civilian employment had not been inter-
rupted.
‘‘(d) The Office of Personnel Management shall, in con-
sultation with Secretary of Defense, prescribe any regula-
tions necessary to carry out the preceding provisions of this
section.
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‘‘(e)(1) The head of each agency referred to in section
2302(a)(2)(C)(ii) shall, in consultation with the Office, pre-
scribe procedures to ensure that the rights under this section
apply to the employees of such agency.
‘‘(2) The Administrator of the Federal Aviation Ad-
ministration shall, in consultation with the Office, prescribe
procedures to ensure that the rights under this section apply
to the employees of that agency.
‘‘(f) For purposes of this section—
‘‘(1) the terms ‘employee’, ‘Federal Government’,
and ‘uniformed services’ have the same respective
meanings as given them in section 4303 of title 38;
‘‘(2) the term ‘employing agency’, as used with
respect to an employee entitled to any payments
under this section, means the agency or other entity
of the Government (including an agency referred to in
section 2302(a)(2)(C)(ii)) with respect to which such
employee has reemployment rights under chapter 43
of title 38; and
‘‘(3) the term ‘basic pay’ includes any amount
payable under section 5304.’’.
(c) CLERICAL AMENDMENT.—The table of sections for
chapter 55 of title 5, United States Code, is amended by
inserting after the item relating to section 5537 the fol-
lowing: