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H. Con. Res. 95 (109th Congress), the concurrent resolution
on the budget for fiscal year 2006.
OFFICE OF THE INSPECTOR GENERAL
For an additional amount for ‘‘Office of the Inspector
General’’, $1,815,000: Provided, That the amount provided
under this heading is designated as an emergency require-
ment pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal
year 2006.
OTHER INDEPENDENT AGENCY
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
For an additional amount for the ‘‘Intelligence Com-
munity Management Account’’, $158,875,000: Provided,
That the amount provided under this heading is designated
as an emergency requirement pursuant to section 402 of
H. Con. Res. 95 (109th Congress), the concurrent resolution
on the budget for fiscal year 2006.
GENERAL PROVISIONS—THIS CHAPTER
SPECIAL TRANSFER AUTHORITY
(TRANSFER OF FUNDS)
SEC. 1301. Upon his determination that such action
is necessary in the national interest, the Secretary of De-
fense 
may 
transfer 
between 
appropriations 
up 
to
$2,000,000,000 of the funds made available to the Depart-
ment of Defense in this chapter: Provided, That the Sec-
retary shall notify the Congress promptly of each transfer
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made pursuant to this authority: Provided further, That the
transfer authority provided in this section is in addition
to any other transfer authority available to the Department
of Defense: Provided further, That the authority in this sec-
tion is subject to the same terms and conditions as the au-
thority provided in section 8005 of the Department of De-
fense Appropriations Act, 2006, except for the fourth pro-
viso: Provided further, That the amount made available by
the transfer of funds in or pursuant to this section is des-
ignated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
GENERAL TRANSFER AUTHORITY
(TRANSFER OF FUNDS)
SEC. 1302. Section 8005 of the Department of Defense
Appropriations Act, 2006, (Public Law 109–148; 119 Stat.
2680), is amended by striking ‘‘$3,750,000,000’’ and insert-
ing ‘‘$4,350,000,000’’: Provided, That the amount made
available by the transfer of funds in or pursuant to this
section is designated as an emergency requirement pursuant
to section 402 of H. Con. Res. 95 (109th Congress), the con-
current resolution on the budget for fiscal year 2006.
DEFENSE COOPERATION ACCOUNT
(TRANSFER OF FUNDS)
SEC. 1303. During fiscal year 2006 and from funds
in the Defense Cooperation Account, the Secretary of De-
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fense may transfer not to exceed $5,800,000 to such appro-
priations or funds of the Department of Defense as he shall
determine for use consistent with the purposes for which
such funds were contributed and accepted: Provided, That
such amounts shall be available for the same time period
as the appropriation to which transferred: Provided further,
That the amount made available by the transfer of funds
in or pursuant to this section is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95
(109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
UNITED STATES CONTRIBUTIONS TO NATO
SEC. 1304. Section 1005(c)(2) of the National Defense
Authorization Act, Fiscal Year 2006 (Public Law 109–163)
is amended by striking ‘‘$289,447,000’’ and inserting
‘‘$345,547,000’’.
COUNTER-DRUG ACTIVITIES
SEC. 1305. (a) AUTHORITY TO PROVIDE SUPPORT.—
Of the amount appropriated by this Act under the heading,
‘‘Drug Interdiction and Counter-Drug Activities, Defense’’,
not to exceed $23,100,000 may be made available for sup-
port for counter-drug activities of the Governments of Af-
ghanistan, Pakistan, and Kyrgyzstan: Provided, That such
support shall be in addition to support provided for the
counter-drug activities of such Governments under any
other provision of the law.
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(b) TYPES OF SUPPORT.—
(1) Except as specified in subsections (b)(2) and
(b)(3) of this section, the support that may be pro-
vided under the authority in this section shall be lim-
ited to the types of support specified in section
1033(c)(1) of the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105–85, as amend-
ed by Public Law 106–398 and Public Law 108–
136), and conditions on the provision of support as
contained in section 1033 shall apply for fiscal year
2006.
(2) The Secretary of Defense may transfer vehi-
cles, aircraft, and detection, interception, monitoring
and testing equipment to said Governments for
counter-drug activities.
(3) For the Government of Afghanistan, the Sec-
retary of Defense may also provide individual and
crew-served weapons, and ammunition for counter-
drug security forces.
ADVANCE BILLING
SEC. 1306. Notwithstanding 10 U.S.C. 2208(l), the
total amount of advance billings rendered or imposed for
all working capital funds of the Department of Defense in
fiscal year 2006 shall not exceed $1,200,000,000: Provided,
That the amount provided under this heading is designated
as an emergency requirement pursuant to section 402 of
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H. Con. Res. 95 (109th Congress), the concurrent resolution
on the budget for fiscal year 2006.
COMMANDER’S EMERGENCY RESPONSE PROGRAM
SEC. 1307. In addition to amounts authorized in sec-
tion 1202(a) of Public Law 109–163, from funds made
available in this chapter to the Department of Defense, not
to exceed $423,000,000 may be used to fund the Com-
mander’s Emergency Response Program and for a similar
program to assist the people of Afghanistan, to remain
available until December 31, 2007.
SUPERVISION AND ADMINISTRATION COSTS OF
CONSTRUCTION PROJECTS
SEC. 1308. Supervision and administration costs asso-
ciated with a construction project funded with Afghan Secu-
rity Forces Fund or Iraq Security Forces Fund appropria-
tions may be obligated at the time a construction contract
is awarded: Provided, That for the purpose of this section,
supervision and administration costs include all in-house
Government costs.
PROHIBITION OF NEW START PROGRAMS
SEC. 1309. None of the funds provided in this chapter
may be used to finance programs or activities denied by
Congress in fiscal year 2005 and 2006 appropriations to
the Department of Defense or to initiate a procurement or
research, development, test and evaluation new start pro-
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gram without prior written notification to the congressional
defense committees.
RETROACTIVE PAYMENT OF ADDITIONAL DEATH GRATUITY
SEC. 1310. (a) Effective as of January 6, 2006, and
as if included in the enactment of the National Defense Au-
thorization Act for Fiscal Year 2006 (Public Law 109–163),
subsection (d)(2) of section 1478 of title 10, United States
Code, as added by section 664(b) of such Act (119 Stat.
3316), is amended by striking ‘‘May 11, 2005’’ and insert-
ing ‘‘August 31, 2005’’.
(b) AVAILABILITY OF FUNDS.—Of the amounts appro-
priated or otherwise made available by this chapter for
military personnel, an aggregate of $48,750,000 shall be
available for the retroactive payment of death gratuity with
respect to members of the Armed Forces as a result of the
amendment made by subsection (a).
VOTING ASSISTANCE
SEC. 1311. (a) Congress recognizes the importance of
ensuring that absent uniformed services voters, Department
of Defense personnel, and their dependents have the oppor-
tunity to exercise their right to vote.
(b) IVAS BALLOT REQUEST PROGRAM.—
(1) The Interim Voting Assistance System
(IVAS) Ballot Request Program shall be continued
with respect to all Department of Defense personnel,
and their families, covered by the Uniformed and
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Overseas Citizens Absentee Voting Act (42 U.S.C.
1973ff et seq.).
(2) Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to
the congressional defense committees a report on the
status of the program.
(c) FUNDING.—Of the amounts provided by this Act,
$5,820,000 shall be available for the program referred to
in subsection (b).
NONREDUCTION
IN
PAY
WHILE
FEDERAL
EMPLOYEE
IS
PERFORMING
ACTIVE
SERVICE
IN
THE
UNIFORMED
SERVICES OR NATIONAL GUARD
SEC. 1312. (a) SHORT TITLE.—This section may be
cited as the ‘‘Reservists Pay Security Act of 2006’’.
(b) IN GENERAL.—Subchapter IV of chapter 55 of title
5, United States Code, is amended by adding at the end
the following:
‘‘§ 5538. Nonreduction in pay while serving in the uni-
formed services or National Guard
‘‘(a) An employee who is absent from a position of em-
ployment with the Federal Government in order to perform
active duty in the uniformed services pursuant to a call
or order to active duty under a provision of law referred
to in section 101(a)(13)(B) of title 10 shall be entitled, while
serving on active duty, to receive, for each pay period de-
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scribed in subsection (b), an amount equal to the amount
by which—
‘‘(1) the amount of basic pay which would other-
wise have been payable to such employee for such pay
period if such employee’s civilian employment with
the Government had not been interrupted by that
service, exceeds (if at all)
‘‘(2) the amount of pay and allowances which
(as determined under subsection (d))—
‘‘(A) is payable to such employee for that
service; and
‘‘(B) is allocable to such pay period.
‘‘(b)(1) Amounts under this section shall be payable
with respect to each pay period (which would otherwise
apply if the employee’s civilian employment had not been
interrupted)—
‘‘(A) during which such employee is entitled to
reemployment rights under chapter 43 of title 38 with
respect to the position from which such employee is
absent (as referred to in subsection (a)); and
‘‘(B) for which such employee does not otherwise
receive basic pay (including by taking any annual,
military, or other paid leave) to which such employee
is entitled by virtue of such employee’s civilian em-
ployment with the Government.
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‘‘(2) For purposes of this section, the period during
which an employee is entitled to reemployment rights under
chapter 43 of title 38—
‘‘(A) shall be determined disregarding the provi-
sions of section 4312(d) of title 38; and
‘‘(B) shall include any period of time specified
in section 4312(e) of title 38 within which an em-
ployee may report or apply for employment or reem-
ployment following completion of service on active
duty to which called or ordered as described in sub-
section (a).
‘‘(c) Any amount payable under this section to an em-
ployee shall be paid—
‘‘(1) by such employee’s employing agency;
‘‘(2) from the appropriation or fund which
would be used to pay the employee if such employee
were in a pay status; and
‘‘(3) to the extent practicable, at the same time
and in the same manner as would basic pay if such
employee’s civilian employment had not been inter-
rupted.
‘‘(d) The Office of Personnel Management shall, in con-
sultation with Secretary of Defense, prescribe any regula-
tions necessary to carry out the preceding provisions of this
section.
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‘‘(e)(1) The head of each agency referred to in section
2302(a)(2)(C)(ii) shall, in consultation with the Office, pre-
scribe procedures to ensure that the rights under this section
apply to the employees of such agency.
‘‘(2) The Administrator of the Federal Aviation Ad-
ministration shall, in consultation with the Office, prescribe
procedures to ensure that the rights under this section apply
to the employees of that agency.
‘‘(f) For purposes of this section—
‘‘(1) the terms ‘employee’, ‘Federal Government’,
and ‘uniformed services’ have the same respective
meanings as given them in section 4303 of title 38;
‘‘(2) the term ‘employing agency’, as used with
respect to an employee entitled to any payments
under this section, means the agency or other entity
of the Government (including an agency referred to in
section 2302(a)(2)(C)(ii)) with respect to which such
employee has reemployment rights under chapter 43
of title 38; and
‘‘(3) the term ‘basic pay’ includes any amount
payable under section 5304.’’.
(c) CLERICAL AMENDMENT.—The table of sections for
chapter 55 of title 5, United States Code, is amended by
inserting after the item relating to section 5537 the fol-
lowing:
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‘‘5538. Nonreduction in pay while serving in the uniformed services or National
Guard.’’.
(d) EFFECTIVE DATE.—The amendments made by this
section shall apply with respect to pay periods (as described
in section 5538(b) of title 5, United States Code, as amend-
ed by this section) beginning on or after the date of enact-
ment of this Act.
SENSE OF SENATE ON REQUESTS FOR FUNDS FOR MILI-
TARY OPERATIONS IN IRAQ AND AFGHANISTAN FOR
FISCAL YEARS AFTER FISCAL YEAR 2007
SEC. 1313. (a) FINDINGS.—The Senate makes the fol-
lowing findings:
(1) Title IX of the Department of Defense Appro-
priations Act, 2006 (division A of Public Law 109–
148) appropriated $50,000,000,000 for the cost of on-
going military operations overseas in fiscal year
2006, although those funds were not requested by the
President.
(2) The President on February 16, 2006, sub-
mitted to Congress a request for supplemental appro-
priations in the amount of $67,600,000,000 for ongo-
ing military operations in fiscal year 2006, none of
which supplemental appropriations was included in
the concurrent resolution on the budget for fiscal year
2006, as agreed to in the Senate on April 28, 2005.
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(3) The President on February 6, 2006, included
a $50,000,000,000 allowance for ongoing military op-
erations in fiscal year 2007, but did not formally re-
quest the funds or provide any detail on how the al-
lowance may be used.
(4) The concurrent resolution on the budget for
fiscal year 2007, as agreed to in the Senate on March
16, 2007, anticipates as much as $86,300,000,000 in
emergency spending in fiscal year 2007, indicating
that the Senate expects to take up another supple-
mental appropriations bill to fund ongoing military
operations during fiscal year 2007.
(b) SENSE OF SENATE.—It is the sense of the Senate
that—
(1) any request for funds for a fiscal year after
fiscal year 2007 for ongoing military operations in
Afghanistan and Iraq should be included in the an-
nual budget of the President for such fiscal year as
submitted to Congress under section 1105(a) of title
31, United States Code;
(2) any request for funds for such a fiscal year
for ongoing military operations should provide an es-
timate of all funds required in that fiscal year for
such operations;
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(3) any request for funds for ongoing military
operations should include a detailed justification of
the anticipated use of such funds for such operations;
and
(4) any funds provided for ongoing military op-
erations overseas should be provided in appropria-
tions Acts for such fiscal year through appropriations
to specific accounts set forth in such appropriations
Acts.
SEC. 1314. (a) The amount appropriated by this chap-
ter under the heading ‘‘OPERATION AND MAINTENANCE, DE-
FENSE-WIDE’’ and available for Cooperative Threat Reduc-
tion is increased by $8,000,000.
(b) Of the amount appropriated by this chapter under
the heading ‘‘OPERATION AND MAINTENANCE, DEFENSE-
WIDE’’ and available for Cooperative Threat Reduction, as
increased by subsection (a), $44,500,000 shall be deposited
in the Former Soviet Union Threat Reduction Account and
shall remain available until September 30, 2008.
(c) The amount made available under subsection (a)
is designated as an emergency requirement pursuant to sec-
tion 402 of H. Con. Res. 95 (109th Congress), the concur-
rent resolution on the budget for fiscal year 2006.
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CHAPTER 4
BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
CHILD SURVIVAL AND HEALTH PROGRAMS FUND
For an additional amount for ‘‘Child Survival and
Health Programs Fund’’, $10,300,000, to remain available
until September 30, 2007: Provided, That the amount pro-
vided under this heading is designated as an emergency re-
quirement pursuant to section 402 of H. Con. Res. 95
(109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
DEVELOPMENT ASSISTANCE
For an additional amount for ‘‘Development Assist-
ance’’, $22,500,000, to remain available until September
30, 2007: Provided, That of the funds appropriated under
this heading, $12,000,000 shall be made available for assist-
ance for Guatemala for relief and reconstruction activities
related to Hurricane Stan: Provided further, That the
amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con.
Res. 95 (109th Congress), the concurrent resolution on the
budget for fiscal year 2006.
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INTERNATIONAL DISASTER AND FAMINE ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘International Disaster
and Famine Assistance’’, $171,290,000, to remain available
until expended, of which up to $80,000 may be transferred
to and merged with ‘‘Operating Expenses of the United
States Agency for International Development’’, for associ-
ated administrative costs: Provided, That the amounts pro-
vided under this heading are designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95
(109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
OPERATING EXPENSES OF THE UNITED STATES AGENCY
FOR INTERNATIONAL DEVELOPMENT
For an additional amount for ‘‘Operating Expenses of
the United States Agency for International Development’’,
$141,600,000, to remain available until September 30,
2007: Provided, That the amount provided under this head-
ing is designated as an emergency requirement pursuant
to section 402 of H. Con. Res. 95 (109th Congress), the con-
current resolution on the budget for fiscal year 2006.
OTHER BILATERAL ECONOMIC ASSISTANCE
ECONOMIC SUPPORT FUND
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Economic Support
Fund’’, $1,757,500,000, to remain available until Sep-
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tember 30, 2007, of which up to $11,000,000 may be used
for the costs, as defined in section 502 of the Congressional
Budget Act of 1974, of modifying direct loans and guaran-
tees for Afghanistan or otherwise of reducing any amounts
owed to the United States or any agency of the United
States by Afghanistan: Provided, That such amounts for the
costs of modifying direct loans and guarantees shall not be
considered ‘‘assistance’’ for the purposes of any provision
of law limiting assistance to a country: Provided further,
That the last proviso under the heading ‘‘Economic Support
Fund’’ in title II of Public Law 109–102 and comparable
provisions in prior Acts making appropriations for foreign
operations, export financing, and related programs shall no
longer be applicable to funds appropriated under such head-
ing in this Act or any prior Act: Provided further, That
of the funds available under this heading for assistance for
Afghanistan, $5,000,000 shall be made available for agri-
culture and rural development programs in Afghanistan to
be administered through a national consortium of agri-
culture colleges and land-grant universities: Provided fur-
ther, That of the funds available under this heading for as-
sistance for Iraq, not less than $75,000,000 shall be made
available to the United States Agency for International De-
velopment for continued support for its Community Action
Program in Iraq, of which not less than $10,000,000 shall
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be transferred to and merged with funds appropriated
under the heading ‘‘Iraq Relief and Reconstruction Fund’’
in chapter 2 of title II of Public Law 108–106 and shall
be made available for the Marla Ruzicka Iraqi War Victims
Fund: Provided further, That funds made available under
the previous proviso shall be in addition to funds appro-
priated by this Act that are available to the United States
Agency for International Development for Iraq: Provided
further, That funds appropriated under this heading that
are made available for police and judicial reform in Haiti
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That the
amounts provided under this heading are designated as an
emergency requirement pursuant to section 402 of H. Con.
Res. 95 (109th Congress), the concurrent resolution on the
budget for fiscal year 2006.
DEPARTMENT OF STATE
DEMOCRACY FUND
For an additional amount for ‘‘Democracy Fund’’,
$39,750,000, of which $34,750,000 shall be made available
for programs and activities promoting democracy in Iran
and of which $5,000,000 shall be made available for election
assistance in the Democratic Republic of the Congo, to re-
main available until September 30, 2007: Provided, That
funds appropriated under this heading shall be made avail-
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able notwithstanding any other provision of law, and those
funds made available to promote democracy in Iran shall
be administered by the Middle East Partnership Initiative:
Provided further, That funds made available under this
heading in this Act shall be subject to the regular notifica-
tion procedures of the Committees on Appropriations: Pro-
vided further, That the amount provided under this heading
is designated as an emergency requirement pursuant to sec-
tion 402 of H. Con. Res. 95 (109th Congress), the concur-
rent resolution on the budget for fiscal year 2006.
INTERNATIONAL NARCOTICS CONTROL AND LAW
ENFORCEMENT
For an additional amount for ‘‘International Nar-
cotics Control and Law Enforcement’’, $107,700,000, to re-
main available until September 30, 2008: Provided, That
of the funds appropriated under this heading, not less than
$3,300,000 shall be made available for assistance for the
Peace and Justice Unit of the Colombian Fiscalia notwith-
standing section 599E of Public Law 109–102: Provided
further, That the amount provided under this heading is
designated as an emergency requirement pursuant to sec-
tion 402 of H. Con. Res. 95 (109th Congress), the concur-
rent resolution on the budget for fiscal year 2006.