†
HR 2863 EAS
necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States, $579,954,000, to remain available until ex-
pended: Provided, That none of the funds provided in this
paragraph shall be used to award a new contract that pro-
vides for the acquisition of any of the following major com-
ponents unless such components are manufactured in the
United States: auxiliary equipment, including pumps, for
all shipboard services; propulsion system components (that
is; engines, reduction gears, and propellers); shipboard
cranes; and spreaders for shipboard cranes: Provided fur-
ther, That the exercise of an option in a contract awarded
through the obligation of previously appropriated funds
shall not be considered to be the award of a new contract:
Provided further, That the Secretary of the military depart-
ment responsible for such procurement may waive the re-
strictions in the first proviso on a case-by-case basis by cer-
tifying in writing to the Committees on Appropriations of
the House of Representatives and the Senate that adequate
domestic supplies are not available to meet Department of
Defense requirements on a timely basis and that such an
acquisition must be made in order to acquire capability for
national security purposes.
†
HR 2863 EAS
TITLE VI—OTHER DEPARTMENT OF DEFENSE
PROGRAMS
DEFENSE HEALTH PROGRAM
For expenses, not otherwise provided for, for medical
and health care programs of the Department of Defense, as
authorized 
by 
law, 
$20,237,962,000, 
of 
which
$19,345,087,000 shall be for Operation and maintenance,
of which not to exceed 2 percent shall remain available until
September 30, 2007, and of which up to $10,157,427,000
may be available for contracts entered into under the
TRICARE program; of which $377,319,000, to remain
available for obligation until September 30, 2008, shall be
for Procurement; and of which $515,556,000, to remain
available for obligation until September 30, 2007, shall be
for Research, development, test and evaluation.
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, ARMY
For expenses, not otherwise provided for, necessary for
the destruction of the United States stockpile of lethal chem-
ical agents and munitions, to include construction of facili-
ties, in accordance with the provisions of section 1412 of
the Department of Defense Authorization Act, 1986 (50
U.S.C. 1521), and for the destruction of other chemical war-
fare materials that are not in the chemical weapon stock-
pile, $1,430,727,000, of which $1,241,514,000 shall be for
Operation and maintenance; $116,527,000 shall be for Pro-
†
HR 2863 EAS
curement to remain available until September 30, 2008;
$72,686,000 shall be for Research, development, test and
evaluation, of which $57,926,000 shall only be for the As-
sembled Chemical Weapons Alternatives (ACWA) program,
to remain available until September 30, 2007; and no less
than $119,300,000 may be for the Chemical Stockpile
Emergency Preparedness Program, of which $36,800,000
shall be for activities on military installations and
$82,500,000 shall be to assist State and local governments.
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
DEFENSE
(INCLUDING TRANSFER OF FUNDS)
For drug interdiction and counter-drug activities of
the Department of Defense, for transfer to appropriations
available to the Department of Defense for military per-
sonnel of the reserve components serving under the provi-
sions of title 10 and title 32, United States Code; for Oper-
ation and maintenance; for Procurement; and for Research,
development, test and evaluation, $926,821,000: Provided,
That the funds appropriated under this heading shall be
available for obligation for the same time period and for
the same purpose as the appropriation to which transferred:
Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are
not necessary for the purposes provided herein, such
†
HR 2863 EAS
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided
under this heading is in addition to any other transfer au-
thority contained elsewhere in this Act.
OFFICE OF THE INSPECTOR GENERAL
For expenses and activities of the Office of the Inspec-
tor General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $209,687,000, of which
$208,687,000 shall be for Operation and maintenance, of
which not to exceed $700,000 is available for emergencies
and extraordinary expenses to be expended on the approval
or authority of the Inspector General, and payments may
be made on the Inspector General’s certificate of necessity
for confidential military purposes; and of which $1,000,000,
to remain available until September 30, 2008, shall be for
Procurement.
TITLE VII—RELATED AGENCIES
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM FUND
For payment to the Central Intelligence Agency Retire-
ment and Disability System Fund, to maintain the proper
funding level for continuing the operation of the Central
Intelligence Agency Retirement and Disability System,
$244,600,000.
†
HR 2863 EAS
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Intelligence Community
Management Account, $413,344,000, of which $27,454,000
for the Advanced Research and Development Committee
shall remain available until September 30, 2007: Provided,
That of the funds appropriated under this heading,
$17,000,000 shall be transferred to the Department of Jus-
tice for the National Drug Intelligence Center to support
the Department of Defense’s counter-drug intelligence re-
sponsibilities.
TITLE VIII—GENERAL PROVISIONS
SEC. 8001. No part of any appropriation contained
in this Act shall be used for publicity or propaganda pur-
poses not authorized by the Congress.
SEC. 8002. During the current fiscal year, provisions
of law prohibiting the payment of compensation to, or em-
ployment of, any person not a citizen of the United States
shall not apply to personnel of the Department of Defense:
Provided, That salary increases granted to direct and indi-
rect hire foreign national employees of the Department of
Defense funded by this Act shall not be at a rate in excess
of the percentage increase authorized by law for civilian
employees of the Department of Defense whose pay is com-
puted under the provisions of section 5332 of title 5, United
†
HR 2863 EAS
States Code, or at a rate in excess of the percentage increase
provided by the appropriate host nation to its own employ-
ees, whichever is higher: Provided further, That this section
shall not apply to Department of Defense foreign service
national employees serving at United States diplomatic
missions whose pay is set by the Department of State under
the Foreign Service Act of 1980: Provided further, That the
limitations of this provision shall not apply to foreign na-
tional employees of the Department of Defense in the Re-
public of Turkey.
SEC. 8003. No part of any appropriation contained
in this Act shall remain available for obligation beyond the
current fiscal year, unless expressly so provided herein.
SEC. 8004. No more than 20 percent of the appropria-
tions in this Act which are limited for obligation during
the current fiscal year shall be obligated during the last 2
months of the fiscal year: Provided, That this section shall
not apply to obligations for support of active duty training
of reserve components or summer camp training of the Re-
serve Officers’ Training Corps.
(TRANSFER OF FUNDS)
SEC. 8005. Upon determination by the Secretary of
Defense that such action is necessary in the national inter-
est, he may, with the approval of the Office of Management
and Budget, transfer not to exceed $3,500,000,000 of work-
ing capital funds of the Department of Defense or funds
†
HR 2863 EAS
made available in this Act to the Department of Defense
for military functions (except military construction) be-
tween such appropriations or funds or any subdivision
thereof, to be merged with and to be available for the same
purposes, and for the same time period, as the appropria-
tion or fund to which transferred: Provided, That such au-
thority to transfer may not be used unless for higher pri-
ority items, based on unforeseen military requirements,
than those for which originally appropriated and in no case
where the item for which funds are requested has been de-
nied by the Congress: Provided further, That the Secretary
of Defense shall notify the Congress promptly of all transfers
made pursuant to this authority or any other authority in
this Act: Provided further, That no part of the funds in
this Act shall be available to prepare or present a request
to the Committees on Appropriations for reprogramming
of funds, unless for higher priority items, based on unfore-
seen military requirements, than those for which originally
appropriated and in no case where the item for which re-
programming is requested has been denied by the Congress:
Provided 
further, 
That 
a 
request 
for 
multiple
reprogrammings of funds using authority provided in this
section must be made prior to June 30, 2006: Provided fur-
ther, That transfers among military personnel appropria-
tions shall not be taken into account for purposes of the
†
HR 2863 EAS
limitation on the amount of funds that may be transferred
under this section.
(TRANSFER OF FUNDS)
SEC. 8006. During the current fiscal year, cash bal-
ances in working capital funds of the Department of De-
fense established pursuant to section 2208 of title 10, United
States Code, may be maintained in only such amounts as
are necessary at any time for cash disbursements to be made
from such funds: Provided, That transfers may be made be-
tween such funds: Provided further, That transfers may be
made between working capital funds and the ‘‘Foreign Cur-
rency Fluctuations, Defense’’ appropriation and the ‘‘Oper-
ation and Maintenance’’ appropriation accounts in such
amounts as may be determined by the Secretary of Defense,
with the approval of the Office of Management and Budget,
except that such transfers may not be made unless the Sec-
retary of Defense has notified the Congress of the proposed
transfer. Except in amounts equal to the amounts appro-
priated to working capital funds in this Act, no obligations
may be made against a working capital fund to procure
or increase the value of war reserve material inventory, un-
less the Secretary of Defense has notified the Congress prior
to any such obligation.
SEC. 8007. Funds appropriated by this Act may not
be used to initiate a special access program without prior
†
HR 2863 EAS
notification 30 calendar days in session in advance to the
congressional defense committees.
SEC. 8008. None of the funds provided in this Act shall
be available to initiate: (1) a multiyear contract that em-
ploys economic order quantity procurement in excess of
$20,000,000 in any 1 year of the contract or that includes
an unfunded contingent liability in excess of $20,000,000;
or (2) a contract for advance procurement leading to a
multiyear contract that employs economic order quantity
procurement in excess of $20,000,000 in any 1 year, unless
the congressional defense committees have been notified at
least 30 days in advance of the proposed contract award:
Provided, That no part of any appropriation contained in
this Act shall be available to initiate a multiyear contract
for which the economic order quantity advance procurement
is not funded at least to the limits of the Government’s li-
ability: Provided further, That no part of any appropria-
tion contained in this Act shall be available to initiate
multiyear procurement contracts for any systems or compo-
nent thereof if the value of the multiyear contract would
exceed $500,000,000 unless specifically provided in this Act:
Provided further, That no multiyear procurement contract
can be terminated without 10-day prior notification to the
congressional defense committees: Provided further, That the
execution of multiyear authority shall require the use of a
†
HR 2863 EAS
present value analysis to determine lowest cost compared
to an annual procurement: Provided further, That none of
the funds provided in this Act may be used for a multiyear
contract executed after the date of the enactment of this Act
unless in the case of any such contract—
(1) the Secretary of Defense has submitted to
Congress a budget request for full funding of units to
be procured through the contract;
(2) cancellation provisions in the contract do not
include consideration of recurring manufacturing
costs of the contractor associated with the production
of unfunded units to be delivered under the contract;
(3) the contract provides that payments to the
contractor under the contract shall not be made in
advance of incurred costs on funded units; and
(4) the contract does not provide for a price ad-
justment based on a failure to award a follow-on con-
tract.
Funds appropriated in title III of this Act may be
used for a multiyear procurement contract as follows:
UH–60/MH–60 Helicopters; and
C–17 Globemaster.
SEC. 8009. Within the funds appropriated for the oper-
ation and maintenance of the Armed Forces, funds are here-
by appropriated pursuant to section 401 of title 10, United
†
HR 2863 EAS
States Code, for humanitarian and civic assistance costs
under chapter 20 of title 10, United States Code. Such funds
may also be obligated for humanitarian and civic assist-
ance costs incidental to authorized operations and pursuant
to authority granted in section 401 of chapter 20 of title
10, United States Code, and these obligations shall be re-
ported as required by section 401(d) of title 10, United
States Code: Provided, That funds available for operation
and maintenance shall be available for providing humani-
tarian and similar assistance by using Civic Action Teams
in the Trust Territories of the Pacific Islands and freely
associated states of Micronesia, pursuant to the Compact
of Free Association as authorized by Public Law 99–239:
Provided further, That upon a determination by the Sec-
retary of the Army that such action is beneficial for grad-
uate medical education programs conducted at Army med-
ical facilities located in Hawaii, the Secretary of the Army
may authorize the provision of medical services at such fa-
cilities and transportation to such facilities, on a non-
reimbursable basis, for civilian patients from American
Samoa, the Commonwealth of the Northern Mariana Is-
lands, the Marshall Islands, the Federated States of Micro-
nesia, Palau, and Guam.
SEC. 8010. (a) During fiscal year 2006, the civilian
personnel of the Department of Defense may not be man-
†
HR 2863 EAS
aged on the basis of any end-strength, and the management
of such personnel during that fiscal year shall not be subject
to any constraint or limitation (known as an end-strength)
on the number of such personnel who may be employed on
the last day of such fiscal year.
(b) The fiscal year 2007 budget request for the Depart-
ment of Defense as well as all justification material and
other documentation supporting the fiscal year 2007 De-
partment of Defense budget request shall be prepared and
submitted to the Congress as if subsections (a) and (b) of
this provision were effective with regard to fiscal year 2006.
(c) Nothing in this section shall be construed to apply
to military (civilian) technicians.
SEC. 8011. None of the funds appropriated in this or
any other Act may be used to initiate a new installation
overseas without 30-day advance notification to the Com-
mittees on Appropriations.
SEC. 8012. None of the funds made available by this
Act shall be used in any way, directly or indirectly, to in-
fluence congressional action on any legislation or appro-
priation matters pending before the Congress.
SEC. 8013. None of the funds appropriated by this Act
shall be available for the basic pay and allowances of any
member of the Army participating as a full-time student
and receiving benefits paid by the Secretary of Veterans Af-