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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 
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-
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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— 
(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
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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 
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
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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 
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-
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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 
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
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(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. 
SEC. 8076. (a) PROHIBITION.—None of the funds made 
available by this Act may be used to support any training 
program involving a unit of the security forces of a foreign 
country if the Secretary of Defense has received credible in-
formation from the Department of State that the unit has 
committed a gross violation of human rights, unless all nec-
essary corrective steps have been taken. 
(b) MONITORING.—The Secretary of Defense, in con-
sultation with the Secretary of State, shall ensure that prior 
to a decision to conduct any training program referred to 
in subsection (a), full consideration is given to all credible
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information available to the Department of State relating 
to human rights violations by foreign security forces. 
(c) WAIVER.—The Secretary of Defense, after consulta-
tion with the Secretary of State, may waive the prohibition 
in subsection (a) if he determines that such waiver is re-
quired by extraordinary circumstances. 
(d) REPORT.—Not more than 15 days after the exercise 
of any waiver under subsection (c), the Secretary of Defense 
shall submit a report to the congressional defense commit-
tees describing the extraordinary circumstances, the purpose 
and duration of the training program, the United States 
forces and the foreign security forces involved in the train-
ing program, and the information relating to human rights 
violations that necessitates the waiver. 
SEC. 8077. (a) The Secretary of Defense, in coordina-
tion with the Secretary of Health and Human Services, 
may carry out a program to distribute surplus dental and 
medical equipment of the Department of Defense, at no cost 
to the Department of Defense, to Indian Health Service fa-
cilities and to federally-qualified health centers (within the 
meaning of section 1905(l)(2)(B) of the Social Security Act 
(42 U.S.C. 1396d(l)(2)(B))). 
(b) In carrying out this provision, the Secretary of De-
fense shall give the Indian Health Service a property dis-
posal priority equal to the priority given to the Department
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of Defense and its twelve special screening programs in dis-
tribution of surplus dental and medical supplies and equip-
ment. 
SEC. 8078. None of the funds appropriated or made 
available in this Act to the Department of the Navy shall 
be used to develop, lease or procure the T–AKE class of ships 
unless the main propulsion diesel engines and propulsors 
are manufactured in the United States by a domestically 
operated entity: Provided, That the Secretary of Defense 
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 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 or there exists a significant cost 
or quality difference. 
SEC. 8079. None of the funds appropriated or other-
wise made available by this or other Department of Defense 
Appropriations Acts may be obligated or expended for the 
purpose of performing repairs or maintenance to military 
family housing units of the Department of Defense, includ-
ing areas in such military family housing units that may 
be used for the purpose of conducting official Department 
of Defense business.
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SEC. 8080. Notwithstanding any other provision of 
law, funds appropriated in this Act under the heading ‘‘Re-
search, Development, Test and Evaluation, Defense-Wide’’ 
for any new start advanced concept technology demonstra-
tion project may only be obligated 30 days after a report, 
including a description of the project, the planned acquisi-
tion and transition strategy and its estimated annual and 
total cost, has been provided in writing to the congressional 
defense committees: Provided, That the Secretary of Defense 
may waive this restriction on a case-by-case basis by certi-
fying to the congressional defense committees that it is in 
the national interest to do so. 
SEC. 8081. The Secretary of Defense shall provide a 
classified quarterly report, beginning 30 days after enact-
ment of this Act, to the House and Senate Appropriations 
Committees, Subcommittees on Defense on certain matters 
as directed in the classified annex accompanying this Act. 
SEC. 8082. During the current fiscal year, refunds at-
tributable to the use of the Government travel card, refunds 
attributable to the use of the Government Purchase Card 
and refunds attributable to official Government travel ar-
ranged by Government Contracted Travel Management 
Centers may be credited to operation and maintenance, and 
research, development, test and evaluation accounts of the
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Department of Defense which are current when the refunds 
are received. 
SEC. 8083. (a) REGISTERING FINANCIAL MANAGE-
MENT INFORMATION TECHNOLOGY SYSTEMS WITH DOD 
CHIEF INFORMATION OFFICER.—None of the funds appro-
priated in this Act may be used for a mission critical or 
mission essential financial management information tech-
nology system (including a system funded by the defense 
working capital fund) that is not registered with the Chief 
Information Officer of the Department of Defense. A system 
shall be considered to be registered with that officer upon 
the furnishing to that officer of notice of the system, together 
with such information concerning the system as the Sec-
retary of Defense may prescribe. A financial management 
information technology system shall be considered a mission 
critical or mission essential information technology system 
as defined by the Under Secretary of Defense (Comptroller). 
(b) CERTIFICATIONS AS TO COMPLIANCE WITH FINAN-
CIAL MANAGEMENT MODERNIZATION PLAN.— 
(1) During the current fiscal year, a financial 
management automated information system, a mixed 
information system supporting financial and non-fi-
nancial systems, or a system improvement of more 
than $1,000,000 may not receive Milestone A ap-
proval, Milestone B approval, or full rate production,
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or their equivalent, within the Department of Defense 
until the Under Secretary of Defense (Comptroller) 
certifies, with respect to that milestone, that the sys-
tem is being developed and managed in accordance 
with the Department’s Financial Management Mod-
ernization Plan. The Under Secretary of Defense 
(Comptroller) may require additional certifications, 
as appropriate, with respect to any such system. 
(2) The Chief Information Officer shall provide 
the congressional defense committees timely notifica-
tion of certifications under paragraph (1). 
(c) CERTIFICATIONS
AS
TO
COMPLIANCE
WITH 
CLINGER-COHEN ACT.— 
(1) During the current fiscal year, a major auto-
mated information system may not receive Milestone 
A approval, Milestone B approval, or full rate pro-
duction approval, or their equivalent, within the De-
partment of Defense until the Chief Information Offi-
cer certifies, with respect to that milestone, that the 
system is being developed in accordance with the 
Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.). 
The Chief Information Officer may require additional 
certifications, as appropriate, with respect to any 
such system.
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(2) The Chief Information Officer shall provide 
the congressional defense committees timely notifica-
tion of certifications under paragraph (1). Each such 
notification shall include, at a minimum, the funding 
baseline and milestone schedule for each system cov-
ered by such a certification and confirmation that the 
following steps have been taken with respect to the 
system: 
(A) Business process reengineering. 
(B) An analysis of alternatives. 
(C) An economic analysis that includes a 
calculation of the return on investment. 
(D) Performance measures. 
(E) An information assurance strategy con-
sistent with the Department’s Global Informa-
tion Grid. 
(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).