†
HR 2863 EAS
(d) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘Chief Information Officer’’ means
the senior official of the Department of Defense des-
ignated by the Secretary of Defense pursuant to sec-
tion 3506 of title 44, United States Code.
(2) The term ‘‘information technology system’’
has the meaning given the term ‘‘information tech-
nology’’ in section 5002 of the Clinger-Cohen Act of
1996 (40 U.S.C. 1401).
SEC. 8084. During the current fiscal year, none of the
funds available to the Department of Defense may be used
to provide support to another department or agency of the
United States if such department or agency is more than
90 days in arrears in making payment to the Department
of Defense for goods or services previously provided to such
department or agency on a reimbursable basis: Provided,
That this restriction shall not apply if the department is
authorized by law to provide support to such department
or agency on a nonreimbursable basis, and is providing the
requested support pursuant to such authority: Provided fur-
ther, That the Secretary of Defense may waive this restric-
tion on a case-by-case basis by certifying in writing to the
Committees on Appropriations of the House of Representa-
tives and the Senate that it is in the national security inter-
est to do so.
†
HR 2863 EAS
SEC. 8085. None of the funds provided in this Act may
be used to transfer to any nongovernmental entity ammuni-
tion held by the Department of Defense that has a center-
fire cartridge and a United States military nomenclature
designation of ‘‘armor penetrator’’, ‘‘armor piercing (AP)’’,
‘‘armor piercing incendiary (API)’’, or ‘‘armor-piercing in-
cendiary-tracer (API–T)’’, except to an entity performing
demilitarization services for the Department of Defense
under a contract that requires the entity to demonstrate to
the satisfaction of the Department of Defense that armor
piercing projectiles are either: (1) rendered incapable of
reuse by the demilitarization process; or (2) used to manu-
facture ammunition pursuant to a contract with the De-
partment of Defense or the manufacture of ammunition for
export pursuant to a License for Permanent Export of Un-
classified Military Articles issued by the Department of
State.
SEC. 8086. Notwithstanding any other provision of
law, the Chief of the National Guard Bureau, or his des-
ignee, may waive payment of all or part of the consider-
ation that otherwise would be required under section 2667
of title 10, United States Code, in the case of a lease of
personal property for a period not in excess of 1 year to
any organization specified in 32 U.S.C. 508(d), or any
other youth, social, or fraternal non-profit organization as
†
HR 2863 EAS
may be approved by the Chief of the National Guard Bu-
reau, or his designee, on a case-by-case basis.
SEC. 8087. None of the funds appropriated by this Act
shall be used for the support of any nonappropriated funds
activity of the Department of Defense that procures malt
beverages and wine with nonappropriated funds for resale
(including such alcoholic beverages sold by the drink) on
a military installation located in the United States unless
such malt beverages and wine are procured within that
State, or in the case of the District of Columbia, within
the District of Columbia, in which the military installation
is located: Provided, That in a case in which the military
installation is located in more than one State, purchases
may be made in any State in which the installation is lo-
cated: Provided further, That such local procurement re-
quirements for malt beverages and wine shall apply to all
alcoholic beverages only for military installations in States
which are not contiguous with another State: Provided fur-
ther, That alcoholic beverages other than wine and malt bev-
erages, in contiguous States and the District of Columbia
shall be procured from the most competitive source, price
and other factors considered.
SEC. 8088. Up to $2,500,000 of the funds appropriated
under the heading ‘‘Operation and Maintenance, Navy’’ in
this Act for the Pacific Missile Range Facility may be made
†
HR 2863 EAS
available to contract for the repair, maintenance, and oper-
ation of adjacent off-base water, drainage, and flood control
systems, electrical upgrade to support additional missions
critical to base operations, and support for a range foot-
print expansion to further guard against encroachment.
SEC. 8089. Funds available to the Department of De-
fense for the Global Positioning System during the current
fiscal year may be used to fund civil requirements associ-
ated with the satellite and ground control segments of such
system’s modernization program.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8090. Of the amounts appropriated in this Act
under the heading, ‘‘Operation and Maintenance, Army’’,
$147,900,000 shall remain available until expended: Pro-
vided, That notwithstanding any other provision of law, the
Secretary of Defense is authorized to transfer such funds
to other activities of the Federal Government: Provided fur-
ther, That the Secretary of Defense is authorized to enter
into and carry out contracts for the acquisition of real
property, construction, personal services, and operations re-
lated to projects described in further detail in the Classified
Annex accompanying the Department of Defense Appro-
priations Act, 2006, consistent with the terms and condi-
tions set forth therein: Provided further, That contracts en-
tered into under the authority of this section may provide
for such indemnification as the Secretary determines to be
†
HR 2863 EAS
necessary: Provided further, That projects authorized by
this section shall comply with applicable Federal, State,
and local law to the maximum extent consistent with the
national security, as determined by the Secretary of De-
fense.
SEC. 8091. Section 8106 of the Department of Defense
Appropriations Act, 1997 (titles I through VIII of the mat-
ter under subsection 101(b) of Public Law 104–208; 110
Stat. 3009–111; 10 U.S.C. 113 note) shall continue in effect
to apply to disbursements that are made by the Department
of Defense in fiscal year 2006.
SEC. 8092. Amounts appropriated in title II of this
Act are hereby reduced by $265,890,000 to reflect savings
attributable to efficiencies and management improvements
in the funding of miscellaneous or other contracts in the
military departments, as follows:
(1) From ‘‘Operation and Maintenance, Army’’,
$36,890,000.
(2) From ‘‘Operation and Maintenance, Navy’’,
$79,000,000.
(3) From ‘‘Operation and Maintenance, Air
Force’’, $150,000,000.
SEC. 8093. The total amount appropriated or other-
wise made available in this Act is hereby reduced by
$100,000,000 to limit excessive growth in the procurement
†
HR 2863 EAS
of advisory and assistance services, to be distributed as fol-
lows:
‘‘Operation 
and 
Maintenance, 
Army’’,
$37,000,000;
‘‘Operation 
and 
Maintenance, 
Air 
Force’’,
$6,000,000;
‘‘Operation and Maintenance, Defense-Wide’’,
$45,000,000; and
‘‘Operation and Maintenance, Army Reserve’’,
$12,000,000.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8094. Of the amounts appropriated in this Act
under the heading ‘‘Research, Development, Test and Eval-
uation, Defense-Wide’’, $143,600,000 shall be made avail-
able for the Arrow missile defense program: Provided, That
of this amount, $70,000,000 shall be available for the pur-
pose of producing Arrow missile components in the United
States and Arrow missile components and missiles in Israel
to meet Israel’s defense requirements, consistent with each
nation’s laws, regulations and procedures, and $10,000,000
shall be available for the purpose of the initiation of a joint
feasibility study and risk reduction activities designated the
Short Range Ballistic Missile Defense (SRBMD) initiative:
Provided further, That funds made available under this
provision for production of missiles and missile components
may be transferred to appropriations available for the pro-