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fairs from the Department of Defense Education Benefits
Fund when time spent as a full-time student is credited
toward completion of a service commitment: Provided, That
this subsection shall not apply to those members who have
reenlisted with this option prior to October 1, 1987: Pro-
vided further, That this subsection applies only to active
components of the Army.
SEC. 8014. (a) LIMITATION ON CONVERSION TO CON-
TRACTOR PERFORMANCE.—None of the funds appropriated
by this Act shall be available to convert to contractor per-
formance an activity or function of the Department of De-
fense that, on or after the date of the enactment of this Act,
is performed by more than 10 Department of Defense civil-
ian employees unless—
(1) the conversion is based on the result of a pub-
lic-private competition that includes a most efficient
and cost effective organization plan developed by such
activity or function;
(2) the Competitive Sourcing Official determines
that, over all performance periods stated in the solici-
tation of offers for performance of the activity or
function, the cost of performance of the activity or
function by a contractor would be less costly to the
Department of Defense by an amount that equals or
exceeds the lesser of—
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(A) 10 percent of the most efficient organi-
zation’s personnel-related costs for performance
of that activity or function by Federal employ-
ees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage
for a proposal that would reduce costs for the Depart-
ment of Defense by—
(A) not making an employer-sponsored
health insurance plan available to the workers
who are to be employed in the performance of
that activity or function under the contract; or
(B) offering to such workers an employer-
sponsored health benefits plan that requires the
employer to contribute less towards the premium
or subscription share than the amount that is
paid by the Department of Defense for health
benefits for civilian employees under chapter 89
of title 5, United States Code.
(b) EXCEPTIONS.—
(1) The Department of Defense, without regard
to subsection (a) of this section or subsections (a), (b),
or (c) of section 2461 of title 10, United States Code,
and notwithstanding any administrative regulation,
requirement, or policy to the contrary shall have full
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authority to enter into a contract for the performance
of any commercial or industrial type function of the
Department of Defense that—
(A) is included on the procurement list es-
tablished pursuant to section 2 of the Javits-
Wagner-O’Day Act (41 U.S.C. 47);
(B) is planned to be converted to perform-
ance by a qualified nonprofit agency for the
blind or by a qualified nonprofit agency for
other severely handicapped individuals in ac-
cordance with that Act; or
(C) is planned to be converted to perform-
ance by a qualified firm under at least 51 per-
cent ownership by an Indian tribe, as defined in
section 4(e) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C.
450b(e)), or a Native Hawaiian Organization, as
defined in section 8(a)(15) of the Small Business
Act (15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot con-
tracts or contracts for depot maintenance as provided
in sections 2469 and 2474 of title 10, United States
Code.
(c) TREATMENT OF CONVERSION.—The conversion of
any activity or function of the Department of Defense under
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the authority provided by this section shall be credited to-
ward any competitive or outsourcing goal, target, or meas-
urement that may be established by statute, regulation, or
policy and is deemed to be awarded under the authority
of, and in compliance with, subsection (h) of section 2304
of title 10, United States Code, for the competition or
outsourcing of commercial activities.
(TRANSFER OF FUNDS)
SEC. 8015. Funds appropriated in title III of this Act
for the Department of Defense Pilot Mentor-Protege Pro-
gram may be transferred to any other appropriation con-
tained in this Act solely for the purpose of implementing
a Mentor-Protege Program developmental assistance agree-
ment pursuant to section 831 of the National Defense Au-
thorization Act for Fiscal Year 1991 (Public Law 101–510;
10 U.S.C. 2302 note), as amended, under the authority of
this provision or any other transfer authority contained in
this Act.
SEC. 8016. None of the funds in this Act may be avail-
able for the purchase by the Department of Defense (and
its departments and agencies) of welded shipboard anchor
and mooring chain 4 inches in diameter and under unless
the anchor and mooring chain are manufactured in the
United States from components which are substantially
manufactured in the United States: Provided, That for the
purpose of this section manufactured will include cutting,
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heat treating, quality control, testing of chain and welding
(including the forging and shot blasting process): Provided
further, That for the purpose of this section substantially
all of the components of anchor and mooring chain shall
be considered to be produced or manufactured in the United
States if the aggregate cost of the components produced or
manufactured in the United States exceeds the aggregate
cost of the components produced or manufactured outside
the United States: Provided further, That when adequate
domestic supplies are not available to meet Department of
Defense requirements on a timely basis, the Secretary of the
service responsible for the procurement may waive this re-
striction on a case-by-case basis by certifying in writing
to the Committees on Appropriations that such an acquisi-
tion must be made in order to acquire capability for na-
tional security purposes.
SEC. 8017. None of the funds appropriated by this Act
available for the Civilian Health and Medical Program of
the Uniformed Services (CHAMPUS) or TRICARE shall
be available for the reimbursement of any health care pro-
vider for inpatient mental health service for care received
when a patient is referred to a provider of inpatient mental
health care or residential treatment care by a medical or
health care professional having an economic interest in the
facility to which the patient is referred: Provided, That this
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limitation does not apply in the case of inpatient mental
health services provided under the program for persons with
disabilities under subsection (d) of section 1079 of title 10,
United States Code, provided as partial hospital care, or
provided pursuant to a waiver authorized by the Secretary
of Defense because of medical or psychological circumstances
of the patient that are confirmed by a health professional
who is not a Federal employee after a review, pursuant to
rules prescribed by the Secretary, which takes into account
the appropriate level of care for the patient, the intensity
of services required by the patient, and the availability of
that care.
SEC. 8018. Of the funds appropriated or otherwise
made available in this Act, a reduction of $591,100,000 is
hereby taken from title III, Procurement, from the ‘‘Other
Procurement, Army’’ account: Provided, That within 30
days of enactment of this Act, the Secretary of the Army
shall provide a report to the House Committee on Appro-
priations and the Senate Committee on Appropriations
which describes the application of these reductions to pro-
grams, projects or activities within this account.
SEC. 8019. None of the funds available to the Depart-
ment of Defense may be used to demilitarize or dispose of
M–1 Carbines, M–1 Garand rifles, M–14 rifles, .22 caliber
rifles, .30 caliber rifles, or M–1911 pistols.
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SEC. 8020. No more than $500,000 of the funds appro-
priated or made available in this Act shall be used during
a single fiscal year for any single relocation of an organiza-
tion, unit, activity or function of the Department of Defense
into or within the National Capital Region: Provided, That
the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying in writing to the congres-
sional defense committees that such a relocation is required
in the best interest of the Government.
SEC. 8021. In addition to the funds provided elsewhere
in this Act, $8,000,000 is appropriated only for incentive
payments authorized by section 504 of the Indian Financ-
ing Act of 1974 (25 U.S.C. 1544): Provided, That a prime
contractor or a subcontractor at any tier that makes a sub-
contract award to any subcontractor or supplier as defined
in section 1544 of title 25, United States Code or a small
business owned and controlled by an individual or individ-
uals defined under section 4221(9) of title 25, United States
Code shall be considered a contractor for the purposes of
being allowed additional compensation under section 504
of the Indian Financing Act of 1974 (25 U.S.C. 1544)
whenever the prime contract or subcontract amount is over
$500,000 and involves the expenditure of funds appro-
priated by an Act making Appropriations for the Depart-
ment of Defense with respect to any fiscal year: Provided
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further, That notwithstanding section 430 of title 41,
United States Code, this section shall be applicable to any
Department of Defense acquisition of supplies or services,
including any contract and any subcontract at any tier for
acquisition of commercial items produced or manufactured,
in whole or in part by any subcontractor or supplier de-
fined in section 1544 of title 25, United States Code or a
small business owned and controlled by an individual or
individuals defined under section 4221(9) of title 25,
United States Code: Provided further, That, during the cur-
rent fiscal year and hereafter, businesses certified as 8(a)
by the Small Business Administration pursuant to section
8(a)(15) of Public Law 85–536, as amended, shall have the
same status as other program participants under section
602 of Public Law 100–656, 102 Stat. 3825 (Business Op-
portunity Development Reform Act of 1988) for purposes
of contracting with agencies of the Department of Defense.
SEC. 8022. None of the funds appropriated by this Act
shall be available to perform any cost study pursuant to
the provisions of OMB Circular A–76 if the study being
performed exceeds a period of 24 months after initiation
of such study with respect to a single function activity or
30 months after initiation of such study for a multi-func-
tion activity.
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SEC. 8023. Funds appropriated by this Act for the
American Forces Information Service shall not be used for
any national or international political or psychological ac-
tivities.
SEC. 8024. Notwithstanding any other provision of
law or regulation, the Secretary of Defense may adjust wage
rates for civilian employees hired for certain health care
occupations as authorized for the Secretary of Veterans Af-
fairs by section 7455 of title 38, United States Code.
SEC. 8025. The Secretary of Defense, acting through
the Office of Economic Adjustment of the Department of De-
fense, may use funds made available in this Act under the
heading ‘‘Operation and Maintenance, Defense-Wide’’ to
make grants and supplement other Federal funds in accord-
ance with the guidance provided in the report of the Com-
mittee on Appropriations of the Senate accompanying this
Act, and the projects specified in such guidance shall be con-
sidered to be authorized by law.
SEC. 8026. During the current fiscal year, the Depart-
ment of Defense is authorized to incur obligations of not
to exceed $350,000,000 for purposes specified in section
2350j(c) of title 10, United States Code, in anticipation of
receipt of contributions, only from the Government of Ku-
wait, under that section: Provided, That upon receipt, such
contributions from the Government of Kuwait shall be cred-
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ited to the appropriations or fund which incurred such obli-
gations.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8027. (a) Of the funds made available in this
Act, not less than $31,109,000 shall be available for the
Civil Air Patrol Corporation, of which—
(1) $24,288,000 shall be available from ‘‘Oper-
ation and Maintenance, Air Force’’ to support Civil
Air Patrol Corporation operation and maintenance,
readiness, counterdrug activities, and drug demand
reduction activities involving youth programs;
(2) $6,000,000 shall be available from ‘‘Aircraft
Procurement, Air Force’’; and
(3) $821,000 shall be available from ‘‘Other Pro-
curement, Air Force’’ for vehicle procurement.
(b) The Secretary of the Air Force should waive reim-
bursement for any funds used by the Civil Air Patrol for
counter-drug activities in support of Federal, State, and
local government agencies.
SEC. 8028. (a) None of the funds appropriated in this
Act are available to establish a new Department of Defense
(department) federally funded research and development
center (FFRDC), either as a new entity, or as a separate
entity administrated by an organization managing another
FFRDC, or as a nonprofit membership corporation con-
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sisting of a consortium of other FFRDCs and other non-
profit entities.
(b) No member of a Board of Directors, Trustees, Over-
seers, Advisory Group, Special Issues Panel, Visiting Com-
mittee, or any similar entity of a defense FFRDC, and no
paid consultant to any defense FFRDC, except when acting
in a technical advisory capacity, may be compensated for
his or her services as a member of such entity, or as a paid
consultant by more than one FFRDC in a fiscal year: Pro-
vided, That a member of any such entity referred to pre-
viously in this subsection shall be allowed travel expenses
and per diem as authorized under the Federal Joint Travel
Regulations, when engaged in the performance of member-
ship duties.
(c) Notwithstanding any other provision of law, none
of the funds available to the department from any source
during fiscal year 2006 may be used by a defense FFRDC,
through a fee or other payment mechanism, for construction
of new buildings, for payment of cost sharing for projects
funded by Government grants, for absorption of contract
overruns, or for certain charitable contributions, not to in-
clude employee participation in community service and/or
development.
(d) Notwithstanding any other provision of law, of the
funds available to the department during fiscal year 2006,
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not more than 5,500 staff years of technical effort (staff
years) may be funded for defense FFRDCs: Provided, That
of the specific amount referred to previously in this sub-
section, not more than 1,050 staff years may be funded for
the defense studies and analysis FFRDCs: Provided further,
That this subsection shall not apply to staff years funded
in the National Intelligence Program (NIP).
(e) The Secretary of Defense shall, with the submission
of the department’s fiscal year 2007 budget request, submit
a report presenting the specific amounts of staff years of
technical effort to be allocated for each defense FFRDC dur-
ing that fiscal year.
(f) Notwithstanding any other provision of this Act,
the total amount appropriated in this Act for FFRDCs is
hereby reduced by $51,600,000.
SEC. 8029. None of the funds appropriated or made
available in this Act shall be used to procure carbon, alloy
or armor steel plate for use in any Government-owned facil-
ity or property under the control of the Department of De-
fense which were not melted and rolled in the United States
or Canada: Provided, That these procurement restrictions
shall apply to any and all Federal Supply Class 9515,
American Society of Testing and Materials (ASTM) or
American Iron and Steel Institute (AISI) specifications of
carbon, alloy or armor steel plate: Provided further, That
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the Secretary of the military department responsible for the
procurement may waive this restriction on a case-by-case
basis by certifying in writing to the Committees on Appro-
priations of the House of Representatives and the Senate
that adequate domestic supplies are not available to meet
Department of Defense requirements on a timely basis and
that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further,
That these restrictions shall not apply to contracts which
are in being as of the date of the enactment of this Act.
SEC. 8030. For the purposes of this Act, the term ‘‘con-
gressional defense committees’’ means the Armed Services
Committee of the House of Representatives, the Armed Serv-
ices Committee of the Senate, the Subcommittee on Defense
of the Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on Appropria-
tions of the House of Representatives.
SEC. 8031. During the current fiscal year, the Depart-
ment of Defense may acquire the modification, depot main-
tenance and repair of aircraft, vehicles and vessels as well
as the production of components and other Defense-related
articles, through competition between Department of De-
fense depot maintenance activities and private firms: Pro-
vided, That the Senior Acquisition Executive of the military
department or Defense Agency concerned, with power of del-
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egation, shall certify that successful bids include comparable
estimates of all direct and indirect costs for both public and
private bids: Provided further, That Office of Management
and Budget Circular A–76 shall not apply to competitions
conducted under this section.
SEC. 8032. (a)(1) If the Secretary of Defense, after con-
sultation with the United States Trade Representative, de-
termines that a foreign country which is party to an agree-
ment described in paragraph (2) has violated the terms of
the agreement by discriminating against certain types of
products produced in the United States that are covered by
the agreement, the Secretary of Defense shall rescind the
Secretary’s blanket waiver of the Buy American Act with
respect to such types of products produced in that foreign
country.
(2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of under-
standing, between the United States and a foreign country
pursuant to which the Secretary of Defense has prospec-
tively waived the Buy American Act for certain products
in that country.
(b) The Secretary of Defense shall submit to the Con-
gress a report on the amount of Department of Defense pur-
chases from foreign entities in fiscal year 2006. Such report
shall separately indicate the dollar value of items for which
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the Buy American Act was waived pursuant to any agree-
ment described in subsection (a)(2), the Trade Agreement
Act of 1979 (19 U.S.C. 2501 et seq.), or any international
agreement to which the United States is a party.
(c) For purposes of this section, the term ‘‘Buy Amer-
ican Act’’ means title III of the Act entitled ‘‘An Act mak-
ing appropriations for the Treasury and Post Office De-
partments for the fiscal year ending June 30, 1934, and
for other purposes’’, approved March 3, 1933 (41 U.S.C.
10a et seq.).
SEC. 8033. Appropriations contained in this Act that
remain available at the end of the current fiscal year, and
at the end of each fiscal year hereafter, as a result of energy
cost savings realized by the Department of Defense shall re-
main available for obligation for the next fiscal year to the
extent, and for the purposes, provided in section 2865 of
title 10, United States Code.
SEC. 8034. None of the funds in this Act may be used
for research, development, test, evaluation, procurement or
deployment of nuclear armed interceptors of a missile de-
fense system.
SEC. 8035. None of the funds appropriated in this Act
shall be used to study, demonstrate, or implement any plans
privatizing, divesting or transferring of any Civil Works
missions, functions, or responsibilities for the United States
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Army Corps of Engineers to other government agencies
without specific direction in a subsequent Act of Congress.
SEC. 8036. The President shall include with each budg-
et for a fiscal year submitted to the Congress under section
1105 of title 31, and hereafter, United States Code, mate-
rials that shall identify clearly and separately the amounts
requested in the budget for appropriation for that fiscal
year for salaries and expenses related to administrative ac-
tivities of the Department of Defense, the military depart-
ments, and the defense agencies.
SEC. 8037. Notwithstanding any other provision of
law, funds available during the current fiscal year and
hereafter for ‘‘Drug Interdiction and Counter-Drug Activi-
ties, Defense’’ may be obligated for the Young Marines pro-
gram.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8038. During the current fiscal year, amounts
contained in the Department of Defense Overseas Military
Facility Investment Recovery Account established by section
2921(c)(1) of the National Defense Authorization Act of
1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall be
available until expended for the payments specified by sec-
tion 2921(c)(2) of that Act.
SEC. 8039. (a) IN GENERAL.—Notwithstanding any
other provision of law, the Secretary of the Air Force may
convey at no cost to the Air Force, without consideration,
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to Indian tribes located in the States of North Dakota,
South Dakota, Montana, and Minnesota relocatable mili-
tary housing units located at Grand Forks Air Force Base
and Minot Air Force Base that are excess to the needs of
the Air Force.
(b) PROCESSING OF REQUESTS.—The Secretary of the
Air Force shall convey, at no cost to the Air Force, military
housing units under subsection (a) in accordance with the
request for such units that are submitted to the Secretary
by the Operation Walking Shield Program on behalf of In-
dian tribes located in the States of North Dakota, South
Dakota, Montana, and Minnesota.
(c) RESOLUTION OF HOUSING UNIT CONFLICTS.—The
Operation Walking Shield Program shall resolve any con-
flicts among requests of Indian tribes for housing units
under subsection (a) before submitting requests to the Sec-
retary of the Air Force under subsection (b).
(d) INDIAN TRIBE DEFINED.—In this section, the term
‘‘Indian tribe’’ means any recognized Indian tribe included
on the current list published by the Secretary of the Interior
under section 104 of the Federally Recognized Indian Tribe
Act of 1994 (Public Law 103–454; 108 Stat. 4792; 25
U.S.C. 479a–1).
SEC. 8040. During the current fiscal year, appropria-
tions which are available to the Department of Defense for
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operation and maintenance may be used to purchase items
having an investment item unit cost of not more than
$250,000.
SEC. 8041. (a) During the current fiscal year, none
of the appropriations or funds available to the Department
of Defense Working Capital Funds shall be used for the pur-
chase of an investment item for the purpose of acquiring
a new inventory item for sale or anticipated sale during
the current fiscal year or a subsequent fiscal year to cus-
tomers of the Department of Defense Working Capital
Funds if such an item would not have been chargeable to
the Department of Defense Business Operations Fund dur-
ing fiscal year 1994 and if the purchase of such an invest-
ment item would be chargeable during the current fiscal
year to appropriations made to the Department of Defense
for procurement.
(b) The fiscal year 2007 budget request for the Depart-
ment of Defense as well as all justification material and
other documentation supporting the fiscal year 2007 De-
partment of Defense budget shall be prepared and submitted
to the Congress on the basis that any equipment which was
classified as an end item and funded in a procurement ap-
propriation contained in this Act shall be budgeted for in
a proposed fiscal year 2007 procurement appropriation and
not in the supply management business area or any other
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area or category of the Department of Defense Working
Capital Funds.
SEC. 8042. None of the funds appropriated by this Act
for programs of the Central Intelligence Agency shall re-
main available for obligation beyond the current fiscal year,
except for funds appropriated for the Reserve for Contin-
gencies, which shall remain available until September 30,
2007: Provided, That funds appropriated, transferred, or
otherwise credited to the Central Intelligence Agency Cen-
tral Services Working Capital Fund during this or any
prior or subsequent fiscal year shall remain available until
expended: Provided further, That any funds appropriated
or transferred to the Central Intelligence Agency for ad-
vanced research and development acquisition, for agent op-
erations, and for covert action programs authorized by the
President under section 503 of the National Security Act
of 1947, as amended, shall remain available until Sep-
tember 30, 2007.
SEC. 8043. Notwithstanding any other provision of
law, funds made available in this Act for the Defense Intel-
ligence Agency may be used for the design, development, and
deployment of General Defense Intelligence Program intel-
ligence communications and intelligence information sys-
tems for the Services, the Unified and Specified Commands,
and the component commands.
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SEC. 8044. Of the funds appropriated to the Depart-
ment of Defense under the heading ‘‘Operation and Mainte-
nance, Defense-Wide’’, not less than $10,000,000 shall be
made available only for the mitigation of environmental
impacts, including training and technical assistance to
tribes, related administrative support, the gathering of in-
formation, documenting of environmental damage, and de-
veloping a system for prioritization of mitigation and cost
to complete estimates for mitigation, on Indian lands re-
sulting from Department of Defense activities.
SEC. 8045. (a) None of the funds appropriated in this
Act may be expended by an entity of the Department of
Defense unless the entity, in expending the funds, complies
with the Buy American Act. For purposes of this subsection,
the term ‘‘Buy American Act’’ means title III of the Act
entitled ‘‘An Act making appropriations for the Treasury
and Post Office Departments for the fiscal year ending June
30, 1934, and for other purposes’’, approved March 3, 1933
(41 U.S.C. 10a et seq.).
(b) If the Secretary of Defense determines that a person
has been convicted of intentionally affixing a label bearing
a ‘‘Made in America’’ inscription to any product sold in
or shipped to the United States that is not made in Amer-
ica, the Secretary shall determine, in accordance with sec-
tion 2410f of title 10, United States Code, whether the per-
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son should be debarred from contracting with the Depart-
ment of Defense.
(c) In the case of any equipment or products purchased
with appropriations provided under this Act, it is the sense
of the Congress that any entity of the Department of De-
fense, in expending the appropriation, purchase only Amer-
ican-made equipment and products, provided that Amer-
ican-made equipment and products are cost-competitive,
quality-competitive, and available in a timely fashion.
SEC. 8046. None of the funds appropriated by this Act
shall be available for a contract for studies, analysis, or
consulting services entered into without competition on the
basis of an unsolicited proposal unless the head of the activ-
ity responsible for the procurement determines—
(1) as a result of thorough technical evaluation,
only one source is found fully qualified to perform the
proposed work;
(2) the purpose of the contract is to explore an
unsolicited proposal which offers significant scientific
or technological promise, represents the product of
original thinking, and was submitted in confidence
by one source; or
(3) the purpose of the contract is to take advan-
tage of unique and significant industrial accomplish-
ment by a specific concern, or to insure that a new
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product or idea of a specific concern is given finan-
cial support: Provided, That this limitation shall not
apply to contracts in an amount of less than
$25,000,000, contracts related to improvements of
equipment that is in development or production, or
contracts as to which a civilian official of the Depart-
ment of Defense, who has been confirmed by the Sen-
ate, determines that the award of such contract is in
the interest of the national defense.
SEC. 8047. (a) Except as provided in subsection (b)
and (c), none of the funds made available by this Act may
be used—
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the
Armed Forces or civilian employee of the department
who is transferred or reassigned from a headquarters
activity if the member or employee’s place of duty re-
mains at the location of that headquarters.
(b) The Secretary of Defense or Secretary of a military
department may waive the limitations in subsection (a),
on a case-by-case basis, if the Secretary determines, and cer-
tifies to the Committees on Appropriations of the House of
Representatives and Senate that the granting of the waiver
will reduce the personnel requirements or the financial re-
quirements of the department.
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(c) This section does not apply to—
(1) field operating agencies funded within the
National Intelligence Program; or
(2) an Army field operating agency established
to eliminate, mitigate, or counter the effects of impro-
vised explosive devices, and, as determined by the Sec-
retary of the Army, other similar threats.
SEC. 8048. Up to $3,000,000 of the funds appropriated
in Title II of this Act under the heading, ‘‘Operation and
Maintenance, Army’’, may be made available to contract
with the Army Historical Foundation, a non profit organi-
zation, for services required to solicit non-Federal donations
to support construction and operation of the National Mu-
seum of the United States Army at Fort Belvoir, Virginia:
Provided, That notwithstanding any other provision of law,
the Army is authorized to receive future payments in this
or the subsequent fiscal year from any non-profit organiza-
tion chartered to support the National Museum of the
United States Army to reimburse amounts expended by the
Army pursuant to this section: Provided further, That any
reimbursements received pursuant to this section shall be
merged with ‘‘Operation and Maintenance, Army’’ and
shall be made available for the same purposes and for the
same time period as that appropriation account.
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(RESCISSIONS)
SEC. 8049. Of the funds appropriated in Department
of Defense Appropriations Acts, the following funds are
hereby rescinded from the following accounts and programs
in the specified amounts:
‘‘Other 
Procurement, 
Army, 
2005/2007’’,
$68,500,000;
‘‘Aircraft 
Procurement, 
Navy, 
2005/2007’’,
$104,800,000;
‘‘Shipbuilding and Conversion, Navy, 2005/
2009’’, $67,300,000;
‘‘Other 
Procurement, 
Navy, 
2005/2007’’,
$43,000,000;
‘‘Aircraft Procurement, Air Force, 2004/2006’’,
$4,000,000;
‘‘Aircraft Procurement, Air Force, 2005/2007’’,
$20,000,000;
‘‘Missile Procurement, Air Force, 2005/2007’’,
$29,000,000;
‘‘Research, Development, Test and Evaluation,
Army, 2005/2006’’, $25,900,000;
‘‘Research, Development, Test and Evaluation,
Navy, 2005/2006’’, $70,900,000; and
‘‘Research, Development, Test and Evaluation,
Air Force, 2005/2006’’, $63,400,000.
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SEC. 8050. None of the funds available in this Act may
be used to reduce the authorized positions for military (ci-
vilian) technicians of the Army National Guard, the Air
National Guard, Army Reserve and Air Force Reserve for
the purpose of applying any administratively imposed ci-
vilian personnel ceiling, freeze, or reduction on military (ci-
vilian) technicians, unless such reductions are a direct re-
sult of a reduction in military force structure.
SEC. 8051. None of the funds appropriated or other-
wise made available in this Act may be obligated or ex-
pended for assistance to the Democratic People’s Republic
of North Korea unless specifically appropriated for that
purpose.
SEC. 8052. During the current fiscal year and here-
after, funds appropriated in this Act are available to com-
pensate members of the National Guard for duty performed
pursuant to a plan submitted by a Governor of a State and
approved by the Secretary of Defense under section 112 of
title 32, United States Code: Provided, That during the per-
formance of such duty, the members of the National Guard
shall be under State command and control: Provided fur-
ther, That such duty shall be treated as full-time National
Guard duty for purposes of sections 12602(a)(2) and (b)(2)
of title 10, United States Code.
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SEC. 8053. Funds appropriated in this Act for oper-
ation and maintenance of the Military Departments, Com-
batant Commands and Defense Agencies shall be available
for reimbursement of pay, allowances and other expenses
which would otherwise be incurred against appropriations
for the National Guard and Reserve when members of the
National Guard and Reserve provide intelligence or coun-
terintelligence support to Combatant Commands, Defense
Agencies and Joint Intelligence Activities, including the ac-
tivities and programs included within the National Intel-
ligence Program (NIP), the Joint Military Intelligence Pro-
gram (JMIP), and the Tactical Intelligence and Related Ac-
tivities (TIARA) aggregate: Provided, That nothing in this
section authorizes deviation from established Reserve and
National Guard personnel and training procedures.
SEC. 8054. During the current fiscal year, none of the
funds appropriated in this Act may be used to reduce the
civilian medical and medical support personnel assigned to
military treatment facilities below the September 30, 2003
level: Provided, That the Service Surgeons General may
waive this section by certifying to the congressional defense
committees that the beneficiary population is declining in
some catchment areas and civilian strength reductions may
be consistent with responsible resource stewardship and
capitation-based budgeting.
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SEC. 8055. Up to $2,000,000 of the funds appropriated
under the heading, ‘‘Operation and Maintenance, Navy’’
may be made available to contract for the installation, re-
pair, and maintenance of an on-base and adjacent off-base
wastewater/treatment facility and infrastructure critical to
base operations and the public health and safety of commu-
nity residents in the vicinity of the NCTAMS.
SEC. 8056. Notwithstanding any other provision of
law, that not more than 35 percent of funds provided in
this Act for environmental remediation may be obligated
under indefinite delivery/indefinite quantity contracts with
a total contract value of $130,000,000 or higher.
SEC. 8057. (a) None of the funds available to the De-
partment of Defense for any fiscal year for drug interdic-
tion or counter-drug activities may be transferred to any
other department or agency of the United States except as
specifically provided in an appropriations law.
(b) None of the funds available to the Central Intel-
ligence Agency for any fiscal year for drug interdiction and
counter-drug activities may be transferred to any other de-
partment or agency of the United States except as specifi-
cally provided in an appropriations law.
(TRANSFER OF FUNDS)
SEC. 8058. Appropriations available under the head-
ing ‘‘Operation and Maintenance, Defense-Wide’’ for the
current fiscal year and hereafter for increasing energy and
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water efficiency in Federal buildings may, during their pe-
riod of availability, be transferred to other appropriations
or funds of the Department of Defense for projects related
to increasing energy and water efficiency, to be merged with
and to be available for the same general purposes, and for
the same time period, as the appropriation or fund to which
transferred.
SEC. 8059. None of the funds appropriated by this Act
may be used for the procurement of ball and roller bearings
other than those produced by a domestic source and of do-
mestic origin: Provided, That the Secretary of the military
department responsible for such procurement may waive
this restriction on a case-by-case basis by certifying in writ-
ing to the Committees on Appropriations of the House of
Representatives and the Senate, that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That this restriction
shall not apply to the purchase of ‘‘commercial items’’, as
defined by section 4(12) of the Office of Federal Procure-
ment Policy Act, except that the restriction shall apply to
ball or roller bearings purchased as end items.
SEC. 8060. Notwithstanding any other provision of
law, funds available to the Department of Defense shall be
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made available to provide transportation of medical sup-
plies and equipment, on a nonreimbursable basis, to Amer-
ican Samoa, and funds available to the Department of De-
fense shall be made available to provide transportation of
medical supplies and equipment, on a nonreimbursable
basis, to the Indian Health Service when it is in conjunc-
tion with a civil-military project.
SEC. 8061. None of the funds in this Act may be used
to purchase any supercomputer which is not manufactured
in the United States, unless the Secretary of Defense cer-
tifies to the congressional defense committees that such an
acquisition must be made in order to acquire capability for
national security purposes that is not available from
United States manufacturers.
SEC. 8062. Notwithstanding any other provision of
law, each contract awarded by the Department of Defense
during the current fiscal year for construction or service
performed in whole or in part in a State (as defined in
section 381(d) of title 10, United States Code) which is not
contiguous with another State and has an unemployment
rate in excess of the national average rate of unemployment
as determined by the Secretary of Labor, shall include a
provision requiring the contractor to employ, for the pur-
pose of performing that portion of the contract in such State
that is not contiguous with another State, individuals who
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are residents of such State and who, in the case of any craft
or trade, possess or would be able to acquire promptly the
necessary skills: Provided, That the Secretary of Defense
may waive the requirements of this section, on a case-by-
case basis, in the interest of national security.
SEC. 8063. None of the funds made available in this
or any other Act may be used to pay the salary of any
officer or employee of the Department of Defense who ap-
proves or implements the transfer of administrative respon-
sibilities or budgetary resources of any program, project,
or activity financed by this Act to the jurisdiction of an-
other Federal agency not financed by this Act without the
express authorization of Congress: Provided, That this limi-
tation shall not apply to transfers of funds expressly pro-
vided for in Defense Appropriations Acts, or provisions of
Acts providing supplemental appropriations for the De-
partment of Defense.
SEC. 8064. (a) LIMITATION ON TRANSFER OF DE-
FENSE ARTICLES AND SERVICES.—Notwithstanding any
other provision of law, none of the funds available to the
Department of Defense for the current fiscal year may be
obligated or expended to transfer to another nation or an
international organization any defense articles or services
(other than intelligence services) for use in the activities de-
scribed in subsection (b) unless the congressional defense
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committees, the Committee on International Relations of
the House of Representatives, and the Committee on For-
eign Relations of the Senate are notified 15 days in advance
of such transfer.
(b) COVERED ACTIVITIES.—This section applies to—
(1) any international peacekeeping or peace-en-
forcement operation under the authority of chapter VI
or chapter VII of the United Nations Charter under
the authority of a United Nations Security Council
resolution; and
(2) any other international peacekeeping, peace-
enforcement, or humanitarian assistance operation.
(c) REQUIRED NOTICE.—A notice under subsection (a)
shall include the following:
(1) A description of the equipment, supplies, or
services to be transferred.
(2) A statement of the value of the equipment,
supplies, or services to be transferred.
(3) In the case of a proposed transfer of equip-
ment or supplies—
(A) a statement of whether the inventory re-
quirements of all elements of the Armed Forces
(including the reserve components) for the type
of equipment or supplies to be transferred have
been met; and
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(B) a statement of whether the items pro-
posed to be transferred will have to be replaced
and, if so, how the President proposes to provide
funds for such replacement.
SEC. 8065. (a) The total amount appropriated or oth-
erwise made available in title II of this Act is hereby re-
duced by $92,000,000 to limit excessive growth in the travel
and transportation of persons.
(b) The Secretary of Defense shall allocate this reduc-
tion proportionately to each budget activity, activity group,
subactivity group, and each program, project, and activity
within each applicable appropriation account.
SEC. 8066. None of the funds available to the Depart-
ment of Defense under this Act shall be obligated or ex-
pended to pay a contractor under a contract with the De-
partment of Defense for costs of any amount paid by the
contractor to an employee when—
(1) such costs are for a bonus or otherwise in ex-
cess of the normal salary paid by the contractor to the
employee; and
(2) such bonus is part of restructuring costs asso-
ciated with a business combination.
SEC. 8067. None of the funds provided in this Act may
be obligated to realign or relocate forces or operational as-
sets from bases to be converted to enclave status until the
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Secretary of Defense certifies that he has sought new mis-
sions for these bases as mandated by the 2005 Defense Base
Closure and Realignment Commission: Provided, That the
Secretary of Defense shall report his findings to the congres-
sional defense committees not later than October 1, 2006.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8068. During the current fiscal year, no more
than $30,000,000 of appropriations made in this Act under
the heading ‘‘Operation and Maintenance, Defense-Wide’’
may be transferred to appropriations available for the pay
of military personnel, to be merged with, and to be available
for the same time period as the appropriations to which
transferred, to be used in support of such personnel in con-
nection with support and services for eligible organizations
and activities outside the Department of Defense pursuant
to section 2012 of title 10, United States Code.
SEC. 8069. During the current fiscal year, in the case
of an appropriation account of the Department of Defense
for which the period of availability for obligation has ex-
pired or which has closed under the provisions of section
1552 of title 31, United States Code, and which has a nega-
tive unliquidated or unexpended balance, an obligation or
an adjustment of an obligation may be charged to any cur-
rent appropriation account for the same purpose as the ex-
pired or closed account if—
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(1) the obligation would have been properly
chargeable (except as to amount) to the expired or
closed account before the end of the period of avail-
ability or closing of that account;
(2) the obligation is not otherwise properly
chargeable to any current appropriation account of
the Department of Defense; and
(3) in the case of an expired account, the obliga-
tion is not chargeable to a current appropriation of
the Department of Defense under the provisions of sec-
tion 1405(b)(8) of the National Defense Authorization
Act for Fiscal Year 1991, Public Law 101–510, as
amended (31 U.S.C. 1551 note): Provided, That in
the case of an expired account, if subsequent review
or investigation discloses that there was not in fact a
negative unliquidated or unexpended balance in the
account, any charge to a current account under the
authority of this section shall be reversed and re-
corded against the expired account: Provided further,
That the total amount charged to a current appro-
priation under this section may not exceed an
amount equal to 1 percent of the total appropriation
for that account.
SEC. 8070. Notwithstanding section 12310(b) of title
10, United States Code, a Reserve who is a member of the
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National Guard serving on full-time National Guard duty
under section 502(f) of Title 32 may perform duties in sup-
port of the ground-based elements of the National Ballistic
Missile Defense System.
SEC. 8071. (a) Notwithstanding any other provision
of law, the Chief of the National Guard Bureau may permit
the use of equipment of the National Guard Distance Learn-
ing Project by any person or entity on a space-available,
reimbursable basis. The Chief of the National Guard Bu-
reau shall establish the amount of reimbursement for such
use on a case-by-case basis.
(b) Amounts collected under subsection (a) shall be
credited to funds available for the National Guard Distance
Learning Project and be available to defray the costs associ-
ated with the use of equipment of the project under that
subsection. Such funds shall be available for such purposes
without fiscal year limitation.
SEC. 8072. Using funds available by this Act or any
other Act, the Secretary of the Air Force, pursuant to a
determination under section 2690 of title 10, United States
Code, may implement cost-effective agreements for required
heating facility modernization in the Kaiserslautern Mili-
tary Community in the Federal Republic of Germany: Pro-
vided, That in the City of Kaiserslautern such agreements
will include the use of United States anthracite as the base
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load energy for municipal district heat to the United States
Defense installations: Provided further, That at Landstuhl
Army Regional Medical Center and Ramstein Air Base,
furnished heat may be obtained from private, regional or
municipal services, if provisions are included for the con-
sideration of United States coal as an energy source.
SEC. 8073. None of the funds appropriated in title IV
of this Act may be used to procure end-items for delivery
to military forces for operational training, operational use
or inventory requirements: Provided, That this restriction
does not apply to end-items used in development, proto-
typing, and test activities preceding and leading to accept-
ance for operational use: Provided further, That this restric-
tion does not apply to programs funded within the National
Intelligence Program: Provided further, That the Secretary
of Defense may waive this restriction on a case-by-case basis
by certifying in writing to the Committees on Appropria-
tions of the House of Representatives and the Senate that
it is in the national security interest to do so.
SEC. 8074. None of the funds made available in this
Act may be used to approve or license the sale of the F–
22 advanced tactical fighter to any foreign government.
SEC. 8075. (a) The Secretary of Defense may, on a
case-by-case basis, waive with respect to a foreign country
each limitation on the procurement of defense items from
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foreign sources provided in law if the Secretary determines
that the application of the limitation with respect to that
country would invalidate cooperative programs entered into
between the Department of Defense and the foreign country,
or would invalidate reciprocal trade agreements for the pro-
curement of defense items entered into under section 2531
of title 10, United States Code, and the country does not
discriminate against the same or similar defense items pro-
duced in the United States for that country.
(b) Subsection (a) applies with respect to—
(1) contracts and subcontracts entered into on or
after the date of the enactment of this Act; and
(2) options for the procurement of items that are
exercised after such date under contracts that are en-
tered into before such date if the option prices are ad-
justed for any reason other than the application of a
waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation re-
garding construction of public vessels, ball and roller bear-
ings, food, and clothing or textile materials as defined by
section 11 (chapters 50–65) of the Harmonized Tariff
Schedule and products classified under headings 4010,
4202, 4203, 6401 through 6406, 6505, 7019, 7218 through
7229, 7304.41 through 7304.49, 7306.40, 7502 through
7508, 8105, 8108, 8109, 8211, 8215, and 9404.