HR 2863 RH 
25 U.S.C. 4221(9): Provided further, That businesses cer-
tified as 8(a) by the Small Business Administration pursu-
ant to section 8(a)(15) of Public Law 85–536, as amend-
ed, shall have the same status as other program partici-
pants under section 602 of Public Law 100–656, 102 
Stat. 3825 (Business Opportunity Development Reform 
Act of 1988) for purposes of contracting with agencies of 
the Department of Defense. 
SEC. 8020. 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. 
SEC. 8021. 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. 8022. 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 Vet-
erans Affairs by section 7455 of title 38, United States 
Code.
HR 2863 RH 
SEC. 8023. During the current fiscal year, the De-
partment of Defense is authorized to incur obligations of 
not to exceed $350,000,000 for purposes specified in sec-
tion 2350j(c) of title 10, United States Code, in anticipa-
tion of receipt of contributions, only from the Government 
of Kuwait, under that section: Provided, That upon re-
ceipt, such contributions from the Government of Kuwait 
shall be credited to the appropriations or fund which in-
curred such obligations. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8024. (a) Of the funds made available in this 
Act, not less than $33,767,000 shall be available for the 
Civil Air Patrol Corporation, of which— 
(1) $24,376,000 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) $8,571,000 shall be available from ‘‘Aircraft 
Procurement, Air Force’’; and 
(3) $820,000 shall be available from ‘‘Other 
Procurement, 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.
HR 2863 RH 
SEC. 8025. (a) None of the funds appropriated in this 
Act are available to establish a new Department of De-
fense (department) federally funded research and develop-
ment center (FFRDC), either as a new entity, or as a 
separate entity administrated by an organization man-
aging another FFRDC, or as a nonprofit membership cor-
poration consisting of a consortium of other FFRDCs and 
other non-profit entities. 
(b) No member of a Board of Directors, Trustees, 
Overseers, Advisory Group, Special Issues Panel, Visiting 
Committee, 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 com-
pensated for his or her services as a member of such enti-
ty, or as a paid consultant by more than one FFRDC in 
a fiscal year: Provided, That a member of any such entity 
referred to previously in this subsection shall be allowed 
travel expenses and per diem as authorized under the Fed-
eral Joint Travel Regulations, when engaged in the per-
formance of membership 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 construc-
tion of new buildings, for payment of cost sharing for
HR 2863 RH 
projects funded by Government grants, for absorption of 
contract overruns, or for certain charitable contributions, 
not to include 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, not more than 5,537 staff years of technical effort 
(staff years) may be funded for defense FFRDCs: Pro-
vided, That this subsection shall not apply to staff years 
funded in the National Intelligence Program. 
(e) The Secretary of Defense shall, with the submis-
sion 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 during that fiscal year. 
(f) Notwithstanding any other provision of this Act, 
the total amount appropriated in this Act for FFRDCs 
is hereby reduced by $40,000,000. 
SEC. 8026. 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 fa-
cility or property under the control of the Department of 
Defense which were not melted and rolled in the United 
States or Canada: Provided, That these procurement re-
strictions shall apply to any and all Federal Supply Class
HR 2863 RH 
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 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 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: Pro-
vided further, That these restrictions shall not apply to 
contracts which are in being as of the date of the enact-
ment of this Act. 
SEC. 8027. For the purposes of this Act, the term 
‘‘congressional defense committees’’ means the Armed 
Services Committee of the House of Representatives, the 
Armed Services Committee of the Senate, the Sub-
committee on Defense of the Committee on Appropriations 
of the Senate, and the Subcommittee on Defense of the 
Committee on Appropriations of the House of Representa-
tives. 
SEC. 8028. During the current fiscal year, the De-
partment of Defense may acquire the modification, depot 
maintenance and repair of aircraft, vehicles and vessels
HR 2863 RH 
as well as the production of components and other De-
fense-related articles, through competition between De-
partment of Defense depot maintenance activities and pri-
vate firms: Provided, That the Senior Acquisition Execu-
tive of the military department or Defense Agency con-
cerned, with power of delegation, shall certify that success-
ful bids include comparable estimates of all direct and in-
direct costs for both public and private bids: Provided fur-
ther, That Office of Management and Budget Circular A- 
76 shall not apply to competitions conducted under this 
section. 
SEC. 8029. (a)(1) If the Secretary of Defense, after 
consultation with the United States Trade Representative, 
determines that a foreign country which is party to an 
agreement 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 Amer-
ican 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-
HR 2863 RH 
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 
purchases from foreign entities in fiscal year 2006. Such 
report shall separately indicate the dollar value of items 
for which the Buy American Act was waived pursuant to 
any agreement 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 
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.). 
SEC. 8030. 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 en-
ergy cost savings realized by the Department of Defense 
shall remain available for obligation for the next fiscal 
year to the extent, and for the purposes, provided in sec-
tion 2865 of title 10, United States Code.
HR 2863 RH 
SEC. 8031. The President shall include with each 
budget for a fiscal year submitted to the Congress under 
section 1105 of title 31, United States Code, materials 
that shall identify clearly and separately the amounts re-
quested in the budget for appropriation for that fiscal year 
for salaries and expenses related to administrative activi-
ties of the Department of Defense, the military depart-
ments, and the defense agencies. 
SEC. 8032. 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 
program. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8033. During the current fiscal year, amounts 
contained in the Department of Defense Overseas Military 
Facility Investment Recovery Account established by sec-
tion 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 
section 2921(c)(2) of that Act. 
SEC. 8034. (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, 
to Indian tribes located in the States of North Dakota, 
South Dakota, Montana, and Minnesota relocatable mili-
HR 2863 RH 
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 Indian tribes located in the States of North Da-
kota, South Dakota, Montana, and Minnesota. 
(c) RESOLUTION OF HOUSING UNIT CONFLICTS.— 
The Operation Walking Shield Program shall resolve any 
conflicts among requests of Indian tribes for housing units 
under subsection (a) before submitting requests to the 
Secretary of the Air Force under subsection (b). 
(d) INDIAN TRIBE DEFINED.—In this section, the 
term ‘‘Indian tribe’’ means any recognized Indian tribe in-
cluded 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. 8035. During the current fiscal year, appropria-
tions which are available to the Department of Defense 
for operation and maintenance may be used to purchase
HR 2863 RH 
items having an investment item unit cost of not more 
than $250,000. 
SEC. 8036. (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 
purchase of an investment item for the purpose of acquir-
ing a new inventory item for sale or anticipated sale dur-
ing the current fiscal year or a subsequent fiscal year to 
customers 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 
during fiscal year 1994 and if the purchase of such an 
investment 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 De-
partment of Defense as well as all justification material 
and other documentation supporting the fiscal year 2007 
Department of Defense budget shall be prepared and sub-
mitted to the Congress on the basis that any equipment 
which was classified as an end item and funded in a pro-
curement appropriation contained in this Act shall be 
budgeted for in a proposed fiscal year 2007 procurement 
appropriation and not in the supply management business
HR 2863 RH 
area or any other area or category of the Department of 
Defense Working Capital Funds. 
SEC. 8037. None of the funds appropriated by this 
Act for programs of the Central Intelligence Agency shall 
remain available for obligation beyond the current fiscal 
year, except for funds appropriated for the Reserve for 
Contingencies, which shall remain available until Sep-
tember 30, 2007: Provided, That funds appropriated, 
transferred, or otherwise credited to the Central Intel-
ligence Agency Central 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 Intel-
ligence Agency for advanced research and development ac-
quisition, for agent operations, and for covert action pro-
grams authorized by the President under section 503 of 
the National Security Act of 1947, as amended, shall re-
main available until September 30, 2007. 
SEC. 8038. Notwithstanding any other provision of 
law, funds made available in this Act for the Defense In-
telligence Agency may be used for the design, develop-
ment, and deployment of General Defense Intelligence 
Program intelligence communications and intelligence in-
formation systems for the Services, the Unified and Speci-
fied Commands, and the component commands.
HR 2863 RH 
SEC. 8039. Of the funds appropriated to the Depart-
ment of Defense under the heading ‘‘Operation and Main-
tenance, 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. 8040. (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, com-
plies 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 per-
son 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 America, the Secretary shall determine, in accordance 
with section 2410f of title 10, United States Code, wheth-
HR 2863 RH 
er the person should be debarred from contracting with 
the Department of Defense. 
(c) In the case of any equipment or products pur-
chased with appropriations provided under this Act, it is 
the sense of the Congress that any entity of the Depart-
ment of Defense, in expending the appropriation, purchase 
only American-made equipment and products, provided 
that American-made equipment and products are cost- 
competitive, quality-competitive, and available in a timely 
fashion. 
SEC. 8041. 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 
activity 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 sci-
entific or technological promise, represents the prod-
uct of original thinking, and was submitted in con-
fidence by one source; or 
(3) the purpose of the contract is to take ad-
vantage of unique and significant industrial accom-
HR 2863 RH 
plishment by a specific concern, or to insure that a 
new product or idea of a specific concern is given fi-
nancial support: Provided, That this limitation shall 
not apply to contracts in an amount of less than 
$25,000, contracts related to improvements of equip-
ment that is in development or production, or con-
tracts as to which a civilian official of the Depart-
ment of Defense, who has been confirmed by the 
Senate, determines that the award of such contract 
is in the interest of the national defense. 
SEC. 8042. (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 depart-
ment who is transferred or reassigned from a head-
quarters activity if the member or employee’s place 
of duty remains at the location of that headquarters. 
(b) The Secretary of Defense or Secretary of a mili-
tary department may waive the limitations in subsection 
(a), on a case-by-case basis, if the Secretary determines, 
and certifies to the Committees on Appropriations of the 
House of Representatives and Senate that the granting
HR 2863 RH 
of the waiver will reduce the personnel requirements or 
the financial requirements of the department. 
(c) This section does not apply to field operating 
agencies funded within the National Intelligence Program. 
SEC. 8043. The Secretary of Defense, acting through 
the Office of Economic Adjustment of the Department of 
Defense, 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 
accordance with the guidance provided in the report of the 
Committee on Appropriations of the House of Representa-
tives accompanying this Act, and the projects specified in 
such guidance shall be considered to be authorized by law. 
(RESCISSIONS) 
SEC. 8044. Of the funds appropriated in Department 
of Defense Appropriations Acts, the following funds are 
hereby rescinded from the following accounts and pro-
grams in the specified amounts: 
‘‘Other 
Procurement, 
Army, 
2005/2007’’, 
$60,500,000; 
‘‘Shipbuilding and Conversion, Navy, 2005/ 
2011’’, $325,000,000; 
‘‘Aircraft Procurement, Air Force, 2005/2007’’, 
$10,000,000; 
‘‘Other Procurement, Air Force, 2005/2007’’, 
$3,400,000;
HR 2863 RH 
‘‘Research, Development, Test and Evaluation, 
Army, 2005/2006’’, $21,600,000; 
‘‘Research, Development, Test and Evaluation, 
Navy, 2005/2006’’, $5,100,000; 
‘‘Research, Development, Test and Evaluation, 
Air Force, 2005/2006’’, $142,000,000; and 
‘‘Research, Development, Test and Evaluation, 
Defense-Wide, 2005/2006’’, $65,950,000. 
SEC. 8045. None of the funds available in this Act 
may be used to reduce the authorized positions for mili-
tary (civilian) technicians of the Army National Guard, 
the Air National Guard, Army Reserve and Air Force Re-
serve for the purpose of applying any administratively im-
posed civilian personnel ceiling, freeze, or reduction on 
military (civilian) technicians, unless such reductions are 
a direct result of a reduction in military force structure. 
SEC. 8046. 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. 8047. 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
HR 2863 RH 
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 
activities and programs included within the National Intel-
ligence Program, the Joint Military Intelligence Program, 
and the Tactical Intelligence and Related Activities aggre-
gate: Provided, That nothing in this section authorizes de-
viation from established Reserve and National Guard per-
sonnel and training procedures. 
SEC. 8048. (a) None of the funds available to the 
Department of Defense for any fiscal year for drug inter-
diction or counter-drug activities may be transferred to 
any other department or agency of the United States ex-
cept 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 department or agency of the United States except 
as specifically provided in an appropriations law. 
(TRANSFER OF FUNDS) 
SEC. 8049. Appropriations available under the head-
ing ‘‘Operation and Maintenance, Defense-Wide’’ for the 
current fiscal year and hereafter for increasing energy and 
water efficiency in Federal buildings may, during their pe-
HR 2863 RH 
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. 8050. 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 domestic origin: Provided, That the Secretary of 
the military department responsible for such procurement 
may waive this restriction on a case-by-case basis by certi-
fying in writing to the Committees on Appropriations of 
the House of Representatives and the Senate, that ade-
quate domestic supplies are not available to meet Depart-
ment of Defense requirements on a timely basis and that 
such an acquisition must be made in order to acquire ca-
pability 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 Procurement Policy Act, except that the 
restriction shall apply to ball or roller bearings purchased 
as end items. 
SEC. 8051. None of the funds in this Act may be 
used to purchase any supercomputer which is not manu-