[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2863 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
October 7 (legislative day, October 6), 2005.
Resolved, That the bill from the House of Representatives (H.R.
2863) entitled ``An Act making appropriations for the Department of
Defense for the fiscal year ending September 30, 2006, and for other
purposes.'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2006, for military functions administered by the
Department of Defense and for other purposes, namely:
TITLE I--MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Army on active duty, (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of the Reserve
Officer's Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $28,099,587,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Navy on active duty (except members of the Reserve provided for
elsewhere), midshipmen, and aviation cadets; for members of the Reserve
Officer's Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $22,671,875,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Marine Corps on active duty (except members of the Reserve provided
for elsewhere); and for payments pursuant to section 156 of Public Law
97-377, as amended (42 U.S.C. 402 note), and to the Department of
Defense Military Retirement Fund, $8,894,984,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Air Force on active duty (except members of reserve components
provided for elsewhere), cadets, and aviation cadets; for members of
the Reserve Officer's Training Corps; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and
to the Department of Defense Military Retirement Fund, $22,908,750,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army Reserve on active duty under
sections 10211, 10302, and 3038 of title 10, United States Code, or
while serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or other duty,
and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military Retirement
Fund, $3,052,269,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Navy Reserve on active duty under
section 10211 of title 10, United States Code, or while serving on
active duty under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing reserve training, or while
performing drills or equivalent duty, and expenses authorized by
section 16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $1,617,299,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Marine Corps Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and for
members of the Marine Corps platoon leaders class, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$491,601,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air Force Reserve on active duty
under sections 10211, 10305, and 8038 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title 10,
United States Code, in connection with performing duty specified in
section 12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title 10,
United States Code; and for payments to the Department of Defense
Military Retirement Fund, $1,263,046,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army National Guard while on duty
under section 10211, 10302, or 12402 of title 10 or section 708 of
title 32, United States Code, or while serving on duty under section
12301(d) of title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section 12310(a) of
title 10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$4,555,794,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air National Guard on duty under
section 10211, 10305, or 12402 of title 10 or section 708 of title 32,
United States Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$2,125,632,000.
TITLE II--OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law; and not to
exceed $11,478,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of the Army, and payments may be made on his certificate of necessity
for confidential military purposes, $24,573,795,000.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law; and not to exceed $6,003,000 can be used for
emergencies and extraordinary expenses, to be expended on the approval
or authority of the Secretary of the Navy, and payments may be made on
his certificate of necessity for confidential military purposes,
$30,317,964,000.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by law,
$3,780,926,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law; and
not to exceed $7,699,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of the Air Force, and payments may be made on his certificate of
necessity for confidential military purposes, $30,891,386,000.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department
of Defense (other than the military departments), as authorized by law,
$18,517,218,000: Provided, That not more than $25,000,000 may be used
for the Combatant Commander Initiative Fund authorized under section
166a of title 10, United States Code, and of which not to exceed
$32,000,000 can be used for emergencies and extraordinary expenses, to
be expended on the approval or authority of the Secretary of Defense,
and payments may be made on his certificate of necessity for
confidential military purposes: Provided further, That of the funds
provided under this heading not less than $27,009,000 shall be made
available for the Procurement Technical Assistance Cooperative
Agreement Program, of which not less than $3,600,000 shall be available
for centers defined in 10 U.S.C. 2411(1)(D): Provided further, That
none of the funds appropriated or otherwise made available by this Act
may be used to plan or implement the consolidation of a budget or
appropriations liaison office of the Office of the Secretary of
Defense, the office of the Secretary of a military department, or the
service headquarters of one of the Armed Forces into a legislative
affairs or legislative liaison office: Provided further, That
$4,000,000, to remain available until expended, is available only for
expenses relating to certain classified activities, and may be
transferred as necessary by the Secretary to operation and maintenance
appropriations or research, development, test and evaluation
appropriations, to be merged with and to be available for the same time
period as the appropriations to which transferred: Provided further,
That any ceiling on the investment item unit cost of items that may be
purchased with operation and maintenance funds shall not apply to the
funds described in the preceding proviso: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $1,956,482,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $1,239,295,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $197,734,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $2,474,286,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; hire of passenger motor vehicles;
personnel services in the National Guard Bureau; travel expenses (other
than mileage), as authorized by law for Army personnel on active duty,
for Army National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National Guard
Bureau; supplying and equipping the Army National Guard as authorized
by law; and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $4,428,119,000: Provided,
That $10,000,000 shall be available for the operations and development
of training and technology for the Joint Interagency Training Center-
East and the affiliated Center for National Response at the Memorial
Tunnel and for providing homeland defense/security and traditional
warfighting training to the Department of Defense, other federal
agency, and state and local first responder personnel at the Joint
Interagency Training Center-East.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the Air
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; transportation of things, hire of
passenger motor vehicles; supplying and equipping the Air National
Guard, as authorized by law; expenses for repair, modification,
maintenance, and issue of supplies and equipment, including those
furnished from stocks under the control of agencies of the Department
of Defense; travel expenses (other than mileage) on the same basis as
authorized by law for Air National Guard personnel on active Federal
duty, for Air National Guard commanders while inspecting units in
compliance with National Guard Bureau regulations when specifically
authorized by the Chief, National Guard Bureau, $4,681,291,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States Court of
Appeals for the Armed Forces, $11,236,000, of which not to exceed
$5,000 may be used for official representation purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $407,865,000, to remain available
until transferred: Provided, That the Secretary of the Army shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Army, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of the Army, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations 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 amounts may be transferred back to this
appropriation.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $305,275,000, to remain available
until transferred: Provided, That the Secretary of the Navy shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Navy, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of the Navy, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations 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 amounts may be transferred back to this
appropriation.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $406,461,000, to remain
available until transferred: Provided, That the Secretary of the Air
Force shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of the Air
Force, or for similar purposes, transfer the funds made available by
this appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be available for
the same purposes and for the same time period as the appropriations 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 amounts may be
transferred back to this appropriation.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $28,167,000, to remain available
until transferred: Provided, That the Secretary of Defense shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of Defense, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of Defense, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations 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 amounts may be transferred back to this
appropriation.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $271,921,000, to remain available
until transferred: Provided, That the Secretary of the Army shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris at sites formerly used by the Department of Defense,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of the Army, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations 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 amounts may be transferred back to this
appropriation.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian, Disaster, and
Civic Aid programs of the Department of Defense (consisting of the
programs provided under sections 401, 402, 404, 2557, and 2561 of title
10, United States Code), $61,546,000, to remain available until
September 30, 2007.
Former Soviet Union Threat Reduction Account
For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure transportation and
storage of nuclear, chemical and other weapons; for establishing
programs to prevent the proliferation of weapons, weapons components,
and weapon-related technology and expertise; for programs relating to
the training and support of defense and military personnel for
demilitarization and protection of weapons, weapons components and
weapons technology and expertise, and for defense and military
contacts, $415,549,000, to remain available until September 30, 2008:
Provided, That of the amounts provided under this heading, $15,000,000
shall be available only to support the dismantling and disposal of
nuclear submarines, submarine reactor components, and security
enhancements for transport and storage of nuclear warheads in the
Russian Far East.
TITLE III--PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $2,562,480,000, to remain available for obligation until
September 30, 2008.
Missile Procurement, Army
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $1,214,919,000, to remain available for obligation until
September 30, 2008.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification of
weapons and tracked combat vehicles, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$1,359,465,000, to remain available for obligation until September 30,
2008.
Procurement of Ammunition, Army
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $1,708,680,000, to remain available for
obligation until September 30, 2008.
Other Procurement, Army
For construction, procurement, production, and modification of
vehicles, including tactical, support, and non-tracked combat vehicles;
the purchase of passenger motor vehicles for replacement only; and the
purchase of 14 vehicles required for physical security of personnel,
notwithstanding price limitations applicable to passenger vehicles but
not to exceed $255,000 per vehicle; communications and electronic
equipment; other support equipment; spare parts, ordnance, and
accessories therefor; specialized equipment and training devices;
expansion of public and private plants, including the land necessary
therefor, for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of equipment,
appliances, and machine tools in public and private plants; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $4,426,531,000, to
remain available for obligation until September 30, 2008.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare parts,
and accessories therefor; specialized equipment; expansion of public
and private plants, including the land necessary therefor, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $9,880,492,000, to remain available for obligation
until September 30, 2008.
Weapons Procurement, Navy
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related
support equipment including spare parts, and accessories therefor;
expansion of public and private plants, including the land necessary
therefor, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway, $2,593,341,000, to remain available
for obligation until September 30, 2008.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $832,791,000, to remain available for
obligation until September 30, 2008.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and
armament thereof, plant equipment, appliances, and machine tools and
installation thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; procurement of
critical, long leadtime components and designs for vessels to be
constructed or converted in the future; and expansion of public and
private plants, including land necessary therefor, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title, as follows:
Carrier Replacement Program (AP), $651,613,000;
NSSN, $1,637,698,000;
NSSN (AP), $763,786,000;
SSGN, $286,516,000;
CVN Refuelings, $1,493,563,000;
CVN Refuelings (AP), $20,000,000;
SSBN Submarine Refuelings, $230,193,000;
SSBN Submarine Refuelings (AP), $62,248,000;
DD(X) (AP), $765,992,000;
DDG-51 Destroyer, $29,773,000;
LHD-8, $197,769,000;
LPD-17, $1,344,741,000;
LHA-R, $150,447,000;
LCAC Landing Craft Air Cushion, $110,583,000;
Prior year shipbuilding costs, $517,523,000;
Service Craft, $46,055,000; and
For outfitting, post delivery, conversions, and first
destination transportation, $369,387,000;
in all: $8,677,887,000, to remain available for obligation until
September 30, 2010: Provided, That additional obligations may be
incurred after September 30, 2010, for engineering services, tests,
evaluations, and other such budgeted work that must be performed in the
final stage of ship construction: Provided further, That none of the
funds provided under this heading for the construction or conversion of
any naval vessel to be constructed in shipyards in the United States
shall be expended in foreign facilities for the construction of major
components of such vessel: Provided further, That none of the funds
provided under this heading shall be used for the construction of any
naval vessel in foreign shipyards.
Other Procurement, Navy
For procurement, production, and modernization of support equipment
and materials not otherwise provided for, Navy ordnance (except
ordnance for new aircraft, new ships, and ships authorized for
conversion); the purchase of passenger motor vehicles for replacement
only, and the purchase of 9 vehicles required for physical security of
personnel, notwithstanding price limitations applicable to passenger
vehicles but not to exceed $255,000 per vehicle; expansion of public
and private plants, including the land necessary therefor, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $5,293,157,000, to remain available for obligation
until September 30, 2008.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare parts,
and accessories therefor; plant equipment, appliances, and machine
tools, and installation thereof in public and private plants; reserve
plant and Government and contractor-owned equipment layaway; vehicles
for the Marine Corps, including the purchase of passenger motor
vehicles for replacement only; and expansion of public and private
plants, including land necessary therefor, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior to
approval of title, $1,361,605,000, to remain available for obligation
until September 30, 2008.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling
equipment, and training devices, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things, $12,729,492,000, to remain available for
obligation until September 30, 2008.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles,
spacecraft, rockets, and related equipment, including spare parts and
accessories therefor, ground handling equipment, and training devices;
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes including rents and transportation of things,
$5,068,974,000, to remain available for obligation until September 30,
2008.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $996,111,000, to remain available for
obligation until September 30, 2008.
Other Procurement, Air Force
For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and spare parts
therefor, not otherwise provided for; the purchase of passenger motor
vehicles for replacement only, and the purchase of 2 vehicles required
for physical security of personnel, notwithstanding price limitations
applicable to passenger vehicles but not to exceed $255,000 per
vehicle; lease of passenger motor vehicles; and expansion of public and
private plants, Government-owned equipment and installation thereof in
such plants, erection of structures, and acquisition of land, for the
foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon, prior to approval of
title; reserve plant and Government and contractor-owned equipment
layaway, $14,048,439,000, to remain available for obligation until
September 30, 2008.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment, supplies,
materials, and spare parts therefor, not otherwise provided for; the
purchase of passenger motor vehicles for replacement only, and the
purchase of 5 vehicles required for physical security of personnel,
notwithstanding prior limitations applicable to passenger vehicles but
not to exceed $255,000 per vehicle; expansion of public and private
plants, equipment, and installation thereof in such plants, erection of
structures, and acquisition of land for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; reserve plant and
Government and contractor-owned equipment layaway, $2,572,250,000, to
remain available for obligation until September 30, 2008.
National Guard and Reserve Equipment
For procurement of aircraft, missiles, tracked combat vehicles,
ammunition, other weapons, and other procurement for the reserve
components of the Armed Forces, $422,000,000, to remain available for
obligation until September 30, 2008: Provided, That the Chiefs of the
Reserve and National Guard components shall, not later than 30 days
after the enactment of this Act, individually submit to the
congressional defense committees the modernization priority assessment
for their respective Reserve or National Guard component.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to sections
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C.
App. 2078, 2091, 2092, and 2093), $68,573,000, to remain available
until expended.
TITLE IV--RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$10,520,592,000, to remain available for obligation until September 30,
2007.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$18,557,904,000, to remain available for obligation until September 30,
2007: Provided, That funds appropriated in this paragraph which are
available for the V-22 may be used to meet unique operational
requirements of the Special Operations Forces: Provided further, That
funds appropriated in this paragraph shall be available for the Cobra
Judy program.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$21,859,010,000, to remain available for obligation until September 30,
2007.
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments), necessary for basic and
applied scientific research, development, test and evaluation; advanced
research projects as may be designated and determined by the Secretary
of Defense, pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $19,301,618,000, to remain
available for obligation until September 30, 2007.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation, in the direction and supervision of operational test and
evaluation, including initial operational test and evaluation which is
conducted prior to, and in support of, production decisions; joint
operational testing and evaluation; and administrative expenses in
connection therewith, $168,458,000, to remain available for obligation
until September 30, 2007.
TITLE V--REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,154,940,000.
National Defense Sealift Fund
For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve Fleet, as
established by section 11 of the Merchant Ship Sales Act of 1946 (50
U.S.C. App. 1744), and for the 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
expended: Provided, That none of the funds provided in this paragraph
shall be used to award a new contract that provides for the acquisition
of any of the following major components 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 further, 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
department responsible for such procurement may waive the restrictions
in the first proviso 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.
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 chemical agents
and munitions, to include construction of facilities, 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 warfare materials that are not in the chemical weapon
stockpile, $1,430,727,000, of which $1,241,514,000 shall be for
Operation and maintenance; $116,527,000 shall be for Procurement 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 Assembled 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 personnel of the reserve components serving
under the provisions of title 10 and title 32, United States Code; for
Operation 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 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 authority contained elsewhere in this Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector 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 Retirement 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.
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 Justice for the
National Drug Intelligence Center to support the Department of
Defense's counter-drug intelligence responsibilities.
TITLE VIII--GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment 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 indirect 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 computed under the
provisions of section 5332 of title 5, United States Code, or at a rate
in excess of the percentage increase provided by the appropriate host
nation to its own employees, 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 national employees of the Department of
Defense in the Republic 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 appropriations 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 Reserve Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense that such
action is necessary in the national interest, he may, with the approval
of the Office of Management and Budget, transfer not to exceed
$3,500,000,000 of working capital funds of the Department of Defense or
funds made available in this Act to the Department of Defense for
military functions (except military construction) between 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 appropriation or fund to which transferred: Provided,
That such authority to transfer may not be used unless for higher
priority 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 denied 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 unforeseen military requirements, than
those for which originally appropriated and in no case where the item
for which reprogramming 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 further, That transfers among military personnel
appropriations shall not be taken into account for purposes of the
limitation on the amount of funds that may be transferred under this
section.
(transfer of funds)
Sec. 8006. During the current fiscal year, cash balances in working
capital funds of the Department of Defense 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 between such
funds: Provided further, That transfers may be made between working
capital funds and the ``Foreign Currency Fluctuations, Defense''
appropriation and the ``Operation 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 Secretary of
Defense has notified the Congress of the proposed transfer. Except in
amounts equal to the amounts appropriated 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, unless
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 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 employs 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
liability: Provided further, That no part of any appropriation
contained in this Act shall be available to initiate multiyear
procurement contracts for any systems or component 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 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 adjustment
based on a failure to award a follow-on contract.
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 operation and
maintenance of the Armed Forces, funds are hereby appropriated pursuant
to section 401 of title 10, United 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
assistance 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 reported 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 humanitarian 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 Secretary of the Army that such action is
beneficial for graduate medical education programs conducted at Army
medical facilities located in Hawaii, the Secretary of the Army may
authorize the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable basis, for
civilian patients from American Samoa, the Commonwealth of the Northern
Mariana Islands, the Marshall Islands, the Federated States of
Micronesia, Palau, and Guam.
Sec. 8010. (a) During fiscal year 2006, the civilian personnel of
the Department of Defense may not be managed 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 Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2007 Department 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 Committees on Appropriations.
Sec. 8012. None of the funds made available by this Act shall be
used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation 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 Affairs from the Department of Defense Education
Benefits Fund when time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this subsection
shall not apply to those members who have reenlisted with this option
prior to October 1, 1987: Provided further, That this subsection
applies only to active components of the Army.
Sec. 8014. (a) Limitation on Conversion to Contractor
Performance.--None of the funds appropriated by this Act shall be
available to convert to contractor performance an activity or function
of the Department of Defense that, on or after the date of the
enactment of this Act, is performed by more than 10 Department of
Defense civilian employees unless--
(1) the conversion is based on the result of a public-
private competition that includes a most efficient and cost
effective organization plan developed by such activity or
function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers
for performance of the activity or function, the cost of
performance of the activity or function by a contractor would
be less costly to the Department of Defense by an amount that
equals or exceeds the lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that
activity or function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of Defense
by--
(A) not making an employer-sponsored health
insurance plan available to the workers who are to be
employed in the performance of that activity or
function under the contract; or
(B) offering to such workers an employer-sponsored
health benefits plan that requires the employer to
contribute less towards the premium or subscription
share than the amount that is paid by the Department of
Defense for health benefits for civilian employees
under chapter 89 of title 5, United States Code.
(b) Exceptions.--
(1) The Department of Defense, without regard to subsection
(a) of this section or subsections (a), (b), or (c) of section
2461 of title 10, United States Code, and notwithstanding any
administrative regulation, requirement, or policy to the
contrary shall have full authority to enter into a contract for
the performance of any commercial or industrial type function
of the Department of Defense that--
(A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act
(41 U.S.C. 47);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a
qualified nonprofit agency for other severely
handicapped individuals in accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by
an Indian tribe, as defined in section 4(e) of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b(e)), or a Native Hawaiian Organization,
as defined in section 8(a)(15) of the Small Business
Act (15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or
contracts for depot maintenance as provided in sections 2469
and 2474 of title 10, United States Code.
(c) Treatment of Conversion.--The conversion of any activity or
function of the Department of Defense under the authority provided by
this section shall be credited toward any competitive or outsourcing
goal, target, or measurement that may be established by statute,
regulation, or policy and is deemed to be awarded under the authority
of, and in compliance with, subsection (h) of section 2304 of title 10,
United States Code, for the competition or outsourcing of commercial
activities.
(transfer of funds)
Sec. 8015. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred
to any other appropriation contained in this Act solely for the purpose
of implementing a Mentor-Protege Program developmental assistance
agreement pursuant to section 831 of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as
amended, under the authority of this provision or any other transfer
authority contained in this Act.
Sec. 8016. None of the funds in this Act may be available for the
purchase by the Department of Defense (and its departments and
agencies) of welded shipboard anchor and mooring chain 4 inches in
diameter and under unless the anchor and mooring chain are manufactured
in the United States from components which are substantially
manufactured in the United States: Provided, That for the purpose of
this section manufactured will include cutting, heat treating, quality
control, testing of chain and welding (including the forging and shot
blasting process): Provided further, That for the purpose of this
section substantially all of the components of anchor and mooring chain
shall be considered to be produced or manufactured in the United States
if the aggregate cost of the components produced or manufactured in the
United States exceeds the aggregate cost of the components produced or
manufactured outside the United States: Provided further, That when
adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis, the Secretary of the service
responsible for the procurement may waive this restriction on a case-
by-case basis by certifying in writing to the Committees on
Appropriations that such an acquisition must be made in order to
acquire capability for national security purposes.
Sec. 8017. None of the funds appropriated by this Act available for
the Civilian Health and Medical Program of the Uniformed Services
(CHAMPUS) or TRICARE shall be available for the reimbursement of any
health care provider for inpatient mental health service for care
received when a patient is referred to a provider of inpatient mental
health care or residential treatment care by a medical or health care
professional having an economic interest in the facility to which the
patient is referred: Provided, That this limitation does not apply in
the case of inpatient mental health services provided under the program
for persons with disabilities under subsection (d) of section 1079 of
title 10, United States Code, provided as partial hospital care, or
provided pursuant to a waiver authorized by the Secretary of Defense
because of medical or psychological circumstances of the patient that
are confirmed by a health professional who is not a Federal employee
after a review, pursuant to rules prescribed by the Secretary, which
takes into account the appropriate level of care for the patient, the
intensity of services required by the patient, and the availability of
that care.
Sec. 8018. Of the funds appropriated or otherwise made available in
this Act, a reduction of $591,100,000 is hereby taken from title III,
Procurement, from the ``Other Procurement, Army'' account: Provided,
That within 30 days of enactment of this Act, the Secretary of the Army
shall provide a report to the House Committee on Appropriations and the
Senate Committee on Appropriations which describes the application of
these reductions to programs, projects or activities within this
account.
Sec. 8019. None of the funds available to the Department of Defense
may be used to demilitarize or dispose of M-1 Carbines, M-1 Garand
rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or M-1911
pistols.
Sec. 8020. No more than $500,000 of the funds appropriated or made
available in this Act shall be used during a single fiscal year for any
single relocation of an organization, unit, activity or function of the
Department of Defense into or within the National Capital Region:
Provided, That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the best
interest of the Government.
Sec. 8021. In addition to the funds provided elsewhere in this Act,
$8,000,000 is appropriated only for incentive payments authorized by
section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544):
Provided, That a prime contractor or a subcontractor at any tier that
makes a subcontract award to any subcontractor or supplier as defined
in section 1544 of title 25, United States Code or a small business
owned and controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code shall be considered a
contractor for the purposes of being allowed additional compensation
under section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544)
whenever the prime contract or subcontract amount is over $500,000 and
involves the expenditure of funds appropriated by an Act making
Appropriations for the Department of Defense with respect to any fiscal
year: Provided further, That notwithstanding section 430 of title 41,
United States Code, this section shall be applicable to any Department
of Defense acquisition of supplies or services, including any contract
and any subcontract at any tier for acquisition of commercial items
produced or manufactured, in whole or in part by any subcontractor or
supplier defined in section 1544 of title 25, United States Code or a
small business owned and controlled by an individual or individuals
defined under section 4221(9) of title 25, United States Code: Provided
further, That, during the current fiscal year and hereafter, businesses
certified as 8(a) by the Small Business Administration pursuant to
section 8(a)(15) of Public Law 85-536, as amended, shall have the same
status as other program participants 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. 8022. 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-
function activity.
Sec. 8023. Funds appropriated by this Act for the American Forces
Information Service shall not be used for any national or international
political or psychological activities.
Sec. 8024. 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 Veterans Affairs by section 7455 of title 38, United
States Code.
Sec. 8025. 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 Senate accompanying this Act, and the projects
specified in such guidance shall be considered to be authorized by law.
Sec. 8026. During the current fiscal year, the Department of
Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of title 10,
United States Code, in anticipation of receipt of contributions, only
from the Government of Kuwait, under that section: Provided, That upon
receipt, such contributions from the Government of Kuwait shall be
credited to the appropriations or fund which incurred such obligations.
(including transfer of funds)
Sec. 8027. (a) Of the funds made available in this Act, not less
than $31,109,000 shall be available for the Civil Air Patrol
Corporation, of which--
(1) $24,288,000 shall be available from ``Operation 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) $6,000,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $821,000 shall be available from ``Other Procurement,
Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement for
any funds used by the Civil Air Patrol for counter-drug activities in
support of Federal, State, and local government agencies.
Sec. 8028. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC), either as a
new entity, or as a separate entity administrated by an organization
managing another FFRDC, or as a nonprofit membership corporation
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 compensated for his or her services as a member of such entity, 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 Federal Joint Travel Regulations, when engaged in the
performance 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 construction of new buildings, for payment of cost sharing for
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
5,500 staff years of technical effort (staff years) may be funded for
defense FFRDCs: Provided, That of the specific amount referred to
previously in this subsection, not more than 1,050 staff years may be
funded for the defense studies and analysis FFRDCs: Provided further,
That this subsection shall not apply to staff years funded in the
National Intelligence Program (NIP).
(e) The Secretary of Defense shall, with the submission 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
$51,600,000.
Sec. 8029. 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 facility 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 restrictions shall
apply to any and all Federal Supply Class 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: Provided further, That these
restrictions shall not apply to contracts which are in being as of the
date of the enactment of this Act.
Sec. 8030. 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
Subcommittee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
Sec. 8031. During the current fiscal year, the Department of
Defense may acquire the modification, depot maintenance and repair of
aircraft, vehicles and vessels as well as the production of components
and other Defense-related articles, through competition between
Department of Defense depot maintenance activities and private firms:
Provided, That the Senior Acquisition Executive of the military
department or Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of all direct
and indirect costs for both public and private bids: Provided further,
That Office of Management and Budget Circular A-76 shall not apply to
competitions conducted under this section.
Sec. 8032. (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 American 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 understanding, between the United
States and a foreign country pursuant to which the Secretary of Defense
has prospectively waived the Buy American Act for certain products in
that country.
(b) The Secretary of Defense shall submit to the Congress 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. 8033. 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 energy 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
section 2865 of title 10, United States Code.
Sec. 8034. None of the funds in this Act may be used for research,
development, test, evaluation, procurement or deployment of nuclear
armed interceptors of a missile defense system.
Sec. 8035. None of the funds appropriated in this Act shall be used
to study, demonstrate, or implement any plans privatizing, divesting or
transferring of any Civil Works missions, functions, or
responsibilities for the United States Army Corps of Engineers to other
government agencies without specific direction in a subsequent Act of
Congress.
Sec. 8036. The President shall include with each budget for a
fiscal year submitted to the Congress under section 1105 of title 31,
and hereafter, United States Code, materials that shall identify
clearly and separately the amounts requested in the budget for
appropriation for that fiscal year for salaries and expenses related to
administrative activities of the Department of Defense, the military
departments, and the defense agencies.
Sec. 8037. Notwithstanding any other provision of law, funds
available during the current fiscal year and hereafter for ``Drug
Interdiction and Counter-Drug Activities, Defense'' may be obligated
for the Young Marines program.
(including transfer of funds)
Sec. 8038. During the current fiscal year, amounts contained in the
Department of Defense Overseas Military Facility Investment Recovery
Account established by section 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. 8039. (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 military
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 Dakota, 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 included 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. 8040. During the current fiscal year, appropriations which are
available to the Department of Defense for operation and maintenance
may be used to purchase items having an investment item unit cost of
not more than $250,000.
Sec. 8041. (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 acquiring a new inventory item for sale or anticipated
sale during 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 Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2007 Department of Defense budget shall be
prepared and submitted to the Congress on the basis that any equipment
which was classified as an end item and funded in a procurement
appropriation contained in this Act shall be budgeted for in a proposed
fiscal year 2007 procurement appropriation and not in the supply
management business area or any other area or category of the
Department of Defense Working Capital Funds.
Sec. 8042. 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 September 30, 2007: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intelligence 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
Intelligence Agency for advanced research and development acquisition,
for agent operations, and for covert action programs authorized by the
President under section 503 of the National Security Act of 1947, as
amended, shall remain available until September 30, 2007.
Sec. 8043. Notwithstanding any other provision of law, funds made
available in this Act for the Defense Intelligence Agency may be used
for the design, development, and deployment of General Defense
Intelligence Program intelligence communications and intelligence
information systems for the Services, the Unified and Specified
Commands, and the component commands.
Sec. 8044. Of the funds appropriated to the Department of Defense
under the heading ``Operation and Maintenance, 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 information,
documenting of environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of Defense
activities.
Sec. 8045. (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, complies 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 person 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, whether
the person should be debarred from contracting with the Department of
Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress
that any entity of the Department 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. 8046. 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 scientific or
technological promise, represents the product of original
thinking, and was submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a specific
concern, or to insure that a new product or idea of a specific
concern is given financial support: Provided, That this
limitation shall not apply to contracts in an amount of less
than $25,000,000, contracts related to improvements of
equipment that is in development or production, or contracts as
to which a civilian official of the Department 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. 8047. (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 department who is transferred or
reassigned from a headquarters 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 military 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 of the waiver will reduce the personnel requirements or the
financial requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program; or
(2) an Army field operating agency established to
eliminate, mitigate, or counter the effects of improvised
explosive devices, and, as determined by the Secretary of the
Army, other similar threats.
Sec. 8048. Up to $3,000,000 of the funds appropriated in Title II
of this Act under the heading, ``Operation and Maintenance, Army'', may
be made available to contract with the Army Historical Foundation, a
non profit organization, for services required to solicit non-Federal
donations to support construction and operation of the National Museum
of the United States Army at Fort Belvoir, Virginia: Provided, That
notwithstanding any other provision of law, the Army is authorized to
receive future payments in this or the subsequent fiscal year from any
non-profit organization chartered to support the National Museum of the
United States Army to reimburse amounts expended by the Army pursuant
to this section: Provided further, That any reimbursements received
pursuant to this section shall be merged with ``Operation and
Maintenance, Army'' and shall be made available for the same purposes
and for the same time period as that appropriation account.
(rescissions)
Sec. 8049. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts:
``Other Procurement, Army, 2005/2007'', $68,500,000;
``Aircraft Procurement, Navy, 2005/2007'', $104,800,000;
``Shipbuilding and Conversion, Navy, 2005/2009'',
$67,300,000;
``Other Procurement, Navy, 2005/2007'', $43,000,000;
``Aircraft Procurement, Air Force, 2004/2006'', $4,000,000;
``Aircraft Procurement, Air Force, 2005/2007'',
$20,000,000;
``Missile Procurement, Air Force, 2005/2007'', $29,000,000;
``Research, Development, Test and Evaluation, Army, 2005/
2006'', $25,900,000;
``Research, Development, Test and Evaluation, Navy, 2005/
2006'', $70,900,000; and
``Research, Development, Test and Evaluation, Air Force,
2005/2006'', $63,400,000.
Sec. 8050. None of the funds available in this Act may be used to
reduce the authorized positions for military (civilian) technicians of
the Army National Guard, the Air National Guard, Army Reserve and Air
Force Reserve for the purpose of applying any administratively imposed
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. 8051. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance to
the Democratic People's Republic of North Korea unless specifically
appropriated for that purpose.
Sec. 8052. During the current fiscal year and hereafter, funds
appropriated in this Act are available to compensate members of the
National Guard for duty performed pursuant to a plan submitted by a
Governor of a State and approved by the Secretary of Defense under
section 112 of title 32, United States Code: Provided, That during the
performance of such duty, the members of the National Guard shall be
under State command and control: Provided further, That such duty shall
be treated as full-time National Guard duty for purposes of sections
12602(a)(2) and (b)(2) of title 10, United States Code.
Sec. 8053. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands and Defense
Agencies shall be available for reimbursement of pay, allowances and
other expenses which would otherwise be incurred against appropriations
for the National Guard and Reserve when members of the National Guard
and Reserve provide intelligence or counterintelligence support to
Combatant Commands, Defense Agencies and Joint Intelligence Activities,
including the activities and programs included within the National
Intelligence Program (NIP), the Joint Military Intelligence Program
(JMIP), and the Tactical Intelligence and Related Activities (TIARA)
aggregate: Provided, That nothing in this section authorizes deviation
from established Reserve and National Guard personnel and training
procedures.
Sec. 8054. During the current fiscal year, none of the funds
appropriated in this Act may be used to reduce the civilian medical and
medical support personnel assigned to military treatment facilities
below the September 30, 2003 level: Provided, That the Service Surgeons
General may waive this section by certifying to the congressional
defense committees that the beneficiary population is declining in some
catchment areas and civilian strength reductions may be consistent with
responsible resource stewardship and capitation-based budgeting.
Sec. 8055. Up to $2,000,000 of the funds appropriated under the
heading, ``Operation and Maintenance, Navy'' may be made available to
contract for the installation, repair, and maintenance of an on-base
and adjacent off-base wastewater/treatment facility and infrastructure
critical to base operations and the public health and safety of
community residents in the vicinity of the NCTAMS.
Sec. 8056. Notwithstanding any other provision of law, that not
more than 35 percent of funds provided in this Act for environmental
remediation may be obligated under indefinite delivery/indefinite
quantity contracts with a total contract value of $130,000,000 or
higher.
Sec. 8057. (a) None of the funds available to the Department of
Defense for any fiscal year for drug interdiction or counter-drug
activities may be transferred to any other department or agency of the
United States except as specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence 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. 8058. Appropriations available under the heading ``Operation
and Maintenance, Defense-Wide'' for the current fiscal year and
hereafter for increasing energy and water efficiency in Federal
buildings may, during their period 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. 8059. 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
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: 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. 8060. Notwithstanding any other provision of law, funds
available to the Department of Defense shall be made available to
provide transportation of medical supplies and equipment, on a
nonreimbursable basis, to American Samoa, and funds available to the
Department of Defense shall be made available to provide transportation
of medical supplies and equipment, on a nonreimbursable basis, to the
Indian Health Service when it is in conjunction with a civil-military
project.
Sec. 8061. None of the funds in this Act may be used to purchase
any supercomputer which is not manufactured in the United States,
unless the Secretary of Defense certifies to the congressional defense
committees that such an acquisition must be made in order to acquire
capability for national security purposes that is not available from
United States manufacturers.
Sec. 8062. Notwithstanding any other provision of law, each
contract awarded by the Department of Defense during the current fiscal
year for construction or service performed in whole or in part in a
State (as defined in section 381(d) of title 10, United States Code)
which is not contiguous with another State and has an unemployment rate
in excess of the national average rate of unemployment as determined by
the Secretary of Labor, shall include a provision requiring the
contractor to employ, for the purpose of performing that portion of the
contract in such State that is not contiguous with another State,
individuals who are residents of such State and who, in the case of any
craft or trade, possess or would be able to acquire promptly the
necessary skills: Provided, That the Secretary of Defense may waive the
requirements of this section, on a case-by-case basis, in the interest
of national security.
Sec. 8063. None of the funds made available in this or any other
Act may be used to pay the salary of any officer or employee of the
Department of Defense who approves or implements the transfer of
administrative responsibilities or budgetary resources of any program,
project, or activity financed by this Act to the jurisdiction of
another Federal agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation shall not
apply to transfers of funds expressly provided for in Defense
Appropriations Acts, or provisions of Acts providing supplemental
appropriations for the Department of Defense.
Sec. 8064. (a) Limitation on Transfer of Defense Articles and
Services.--Notwithstanding any other provision of law, none of the
funds available to the Department of Defense for the current fiscal
year may be obligated or expended to transfer to another nation or an
international organization any defense articles or services (other than
intelligence services) for use in the activities described in
subsection (b) unless the congressional defense committees, the
Committee on International Relations of the House of Representatives,
and the Committee on Foreign Relations of the Senate are notified 15
days in advance of such transfer.
(b) Covered Activities.--This section applies to--
(1) any international peacekeeping or peace-enforcement
operation under the authority of chapter VI or chapter VII of
the United Nations Charter under the authority of a United
Nations Security Council resolution; and
(2) any other international peacekeeping, peace-
enforcement, or humanitarian assistance operation.
(c) Required Notice.--A notice under subsection (a) shall include
the following:
(1) A description of the equipment, supplies, or services
to be transferred.
(2) A statement of the value of the equipment, supplies, or
services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies--
(A) a statement of whether the inventory
requirements of all elements of the Armed Forces
(including the reserve components) for the type of
equipment or supplies to be transferred have been met;
and
(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how
the President proposes to provide funds for such
replacement.
Sec. 8065. (a) The total amount appropriated or otherwise made
available in title II of this Act is hereby reduced by $92,000,000 to
limit excessive growth in the travel and transportation of persons.
(b) The Secretary of Defense shall allocate this reduction
proportionately to each budget activity, activity group, subactivity
group, and each program, project, and activity within each applicable
appropriation account.
Sec. 8066. None of the funds available to the Department of Defense
under this Act shall be obligated or expended to pay a contractor under
a contract with the Department 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 excess of
the normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
Sec. 8067. None of the funds provided in this Act may be obligated
to realign or relocate forces or operational assets from bases to be
converted to enclave status until the Secretary of Defense certifies
that he has sought new missions 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 congressional
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 connection 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 expired or which has closed under
the provisions of section 1552 of title 31, United States Code, and
which has a negative unliquidated or unexpended balance, an obligation
or an adjustment of an obligation may be charged to any current
appropriation account for the same purpose as the expired 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 availability 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 obligation is
not chargeable to a current appropriation of the Department of
Defense under the provisions of section 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 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 recorded against the expired account: Provided
further, That the total amount charged to a current
appropriation 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 support 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 Learning Project by any person or entity on
a space-available, reimbursable basis. The Chief of the National Guard
Bureau 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 Learning Project and be
available to defray the costs associated 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 Military Community in the Federal Republic of Germany:
Provided, 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
consideration 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, prototyping, and test activities preceding and leading to
acceptance for operational use: Provided further, That this restriction
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 Appropriations 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 procurement 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 produced 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
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under subsection
(a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, 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 information from the Department of State that the
unit has committed a gross violation of human rights, unless all
necessary corrective steps have been taken.
(b) Monitoring.--The Secretary of Defense, in consultation 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 information available to the Department of
State relating to human rights violations by foreign security forces.
(c) Waiver.--The Secretary of Defense, after consultation with the
Secretary of State, may waive the prohibition in subsection (a) if he
determines that such waiver is required 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 committees describing the extraordinary
circumstances, the purpose and duration of the training program, the
United States forces and the foreign security forces involved in the
training program, and the information relating to human rights
violations that necessitates the waiver.
Sec. 8077. (a) The Secretary of Defense, in coordination 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 facilities 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 Defense shall
give the Indian Health Service a property disposal priority equal to
the priority given to the Department of Defense and its twelve special
screening programs in distribution of surplus dental and medical
supplies and equipment.
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 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 or there exists a significant
cost or quality difference.
Sec. 8079. None of the funds appropriated or otherwise 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, including areas in such military family housing units that may
be used for the purpose of conducting official Department of Defense
business.
Sec. 8080. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ``Research, Development,
Test and Evaluation, Defense-Wide'' for any new start advanced concept
technology demonstration project may only be obligated 30 days after a
report, including a description of the project, the planned acquisition
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 certifying 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 enactment 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 attributable 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 arranged by Government Contracted Travel Management
Centers may be credited to operation and maintenance, and research,
development, test and evaluation accounts of the Department of Defense
which are current when the refunds are received.
Sec. 8083. (a) Registering Financial Management Information
Technology Systems With DOD Chief Information Officer.--None of the
funds appropriated in this Act may be used for a mission critical or
mission essential financial management information technology 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 Secretary
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 Financial Management
Modernization Plan.--
(1) During the current fiscal year, a financial management
automated information system, a mixed information system
supporting financial and non-financial systems, or a system
improvement of more than $1,000,000 may not receive Milestone A
approval, Milestone B approval, or full rate production, or
their equivalent, within the Department of Defense until the
Under Secretary of Defense (Comptroller) certifies, with
respect to that milestone, that the system is being developed
and managed in accordance with the Department's Financial
Management Modernization 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 notification of
certifications under paragraph (1).
(c) Certifications as to Compliance With Clinger-Cohen Act.--
(1) During the current fiscal year, a major automated
information system may not receive Milestone A approval,
Milestone B approval, or full rate production approval, or
their equivalent, within the Department of Defense until the
Chief Information Officer 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.
(2) The Chief Information Officer shall provide the
congressional defense committees timely notification of
certifications under paragraph (1). Each such notification
shall include, at a minimum, the funding baseline and milestone
schedule for each system covered 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 consistent
with the Department's Global Information Grid.
(d) Definitions.--For purposes of this section:
(1) The term ``Chief Information Officer'' means the senior
official of the Department of Defense designated by the
Secretary of Defense pursuant to section 3506 of title 44,
United States Code.
(2) The term ``information technology system'' has the
meaning given the term ``information technology'' 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 further, That the Secretary of Defense 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 it is in the national security interest to do so.
Sec. 8085. None of the funds provided in this Act may be used to
transfer to any nongovernmental entity ammunition 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 incendiary-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 manufacture ammunition
pursuant to a contract with the Department of Defense or the
manufacture of ammunition for export pursuant to a License for
Permanent Export of Unclassified 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 designee, may waive payment of all or
part of the consideration 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 may be approved by the Chief of
the National Guard Bureau, 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 located: Provided
further, That such local procurement requirements 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 further, That alcoholic beverages other than wine and malt
beverages, 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 available to contract for the
repair, maintenance, and operation 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 footprint expansion to further guard against encroachment.
Sec. 8089. Funds available to the Department of Defense for the
Global Positioning System during the current fiscal year may be used to
fund civil requirements associated 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: Provided, 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
further, 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 related to projects described in
further detail in the Classified Annex accompanying the Department of
Defense Appropriations Act, 2006, consistent with the terms and
conditions set forth therein: Provided further, That contracts entered
into under the authority of this section may provide for such
indemnification as the Secretary determines to be 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 Defense.
Sec. 8091. Section 8106 of the Department of Defense Appropriations
Act, 1997 (titles I through VIII of the matter 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 otherwise made
available in this Act is hereby reduced by $100,000,000 to limit
excessive growth in the procurement of advisory and assistance
services, to be distributed as follows:
``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 Evaluation, Defense-Wide'',
$143,600,000 shall be made available for the Arrow missile defense
program: Provided, That of this amount, $70,000,000 shall be available
for the purpose 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 procurement of
weapons and equipment, to be merged with and to be available for the
same time period and the same purposes as the appropriation to which
transferred: Provided further, That the transfer authority provided
under this provision is in addition to any other transfer authority
contained in this Act.
(including transfer of funds)
Sec. 8095. Of the amounts appropriated in this Act under the
heading ``Shipbuilding and Conversion, Navy'', $517,523,000 shall be
available until September 30, 2006, to fund prior year shipbuilding
cost increases: Provided, That upon enactment of this Act, the
Secretary of the Navy shall transfer such funds to the following
appropriations in the amounts specified: Provided further, That the
amounts transferred shall be merged with and be available for the same
purposes as the appropriations to which transferred:
To:
Under the heading, ``Shipbuilding and Conversion,
Navy, 1998/2006'':
New SSN, $28,000,000.
Under the heading, ``Shipbuilding and Conversion,
Navy, 1999/2006'':
LPD-17 Amphibious Transport Dock Ship
Program, $95,000,000;
New SSN, $72,000,000.
Under the heading, ``Shipbuilding and Conversion,
Navy, 2000/2006'':
LPD-17 Amphibious Transport Dock Ship
Program, $94,800,000.
Under the heading, ``Shipbuilding and Conversion,
Navy, 2001/2006'':
Carrier Replacement Program, $145,023,000;
New SSN, $82,700,000.
Sec. 8096. The Secretary of the Navy may settle, or compromise, and
pay any and all admiralty claims under section 7622 of title 10, United
States Code arising out of the collision involving the U.S.S.
GREENEVILLE and the EHIME MARU, in any amount and without regard to the
monetary limitations in subsections (a) and (b) of that section:
Provided, That such payments shall be made from funds available to the
Department of the Navy for operation and maintenance.
Sec. 8097. None of the funds available to the Department of Defense
may be obligated to modify command and control relationships to give
Fleet Forces Command administrative and operational control of U.S.
Navy forces assigned to the Pacific fleet: Provided, That the command
and control relationships which existed on October 1, 2004, shall
remain in force unless changes are specifically authorized in a
subsequent Act.
Sec. 8098. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may exercise the provisions of
section 7403(g) of title 38, United States Code for occupations listed
in section 7403(a)(2) of title 38, United States Code as well as the
following:
Pharmacists, Audiologists, and Dental Hygienists.
(A) The requirements of section 7403(g)(1)(A) of
title 38, United States Code shall apply.
(B) The limitations of section 7403(g)(1)(B) of
title 38, United States Code shall not apply.
Sec. 8099. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence activities are deemed
to be specifically authorized by the Congress for purposes of section
504 of the National Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2006 until the enactment of the Intelligence Authorization Act for
fiscal year 2006.
Sec. 8100. In addition to funds made available elsewhere in this
Act, $5,500,000 is hereby appropriated and shall remain available until
expended to provide assistance, by grant or otherwise (such as, but not
limited to, the provision of funds for repairs, maintenance,
construction, and/or for the purchase of information technology, text
books, teaching resources), to public schools that have unusually high
concentrations of special needs military dependents enrolled: Provided,
That in selecting school systems to receive such assistance, special
consideration shall be given to school systems in States that are
considered overseas assignments, and all schools within these school
systems shall be eligible for assistance: Provided further, That up to
2 percent of the total appropriated funds under this section shall be
available to support the administration and execution of the funds or
program and/or events that promote the purpose of this appropriation
(e.g. payment of travel and per diem of school teachers attending
conferences or a meeting that promotes the purpose of this
appropriation and/or consultant fees for on-site training of teachers,
staff, or Joint Venture Education Forum (JVEF) Committee members):
Provided further, That up to $2,000,000 shall be available for the
Department of Defense to establish a non-profit trust fund to assist in
the public-private funding of public school repair and maintenance
projects, or provide directly to non-profit organizations who in return
will use these monies to provide assistance in the form of repair,
maintenance, or renovation to public school systems that have high
concentrations of special needs military dependents and are located in
States that are considered overseas assignments: Provided further, That
to the extent a Federal agency provides this assistance, by contract,
grant, or otherwise, it may accept and expend non-Federal funds in
combination with these Federal funds to provide assistance for the
authorized purpose, if the non-Federal entity requests such assistance
and the non-Federal funds are provided on a reimbursable basis.
Sec. 8101. None of the funds in this Act may be used to initiate a
new start program without prior written notification to the Office of
Secretary of Defense and the congressional defense committees.
Sec. 8102. The amounts appropriated in title II of this Act are
hereby reduced by $350,000,000 to reflect cash balance and rate
stabilization adjustments in Department of Defense Working Capital
Funds, as follows:
(1) From ``Operation and Maintenance, Army'', $100,000,000.
(2) From ``Operation and Maintenance, Navy'', $150,000,000.
(3) From ``Operation and Maintenance, Air Force'',
$100,000,000.
Sec. 8103. Financing and Fielding of Key Army Capabilities.--The
Department of Defense and the Department of the Army shall make future
budgetary and programming plans to fully finance the Non-Line of Sight
Future Force cannon and resupply vehicle program (NLOS-C) in order to
field this system in fiscal year 2010, consistent with the broader plan
to field the Future Combat System (FCS) in fiscal year 2010: Provided,
That if the Army is precluded from fielding the FCS program by fiscal
year 2010, then the Army shall develop the NLOS-C independent of the
broader FCS development timeline to achieve fielding by fiscal year
2010. In addition the Army will deliver eight (8) combat operational
pre-production NLOS-C systems by the end of calendar year 2008. These
systems shall be in addition to those systems necessary for
developmental and operational testing: Provided further, That the Army
shall ensure that budgetary and programmatic plans will provide for no
fewer than seven (7) Stryker Brigade Combat Teams.
Sec. 8104. Of the funds made available in this Act, not less than
$76,100,000 shall be available to maintain an attrition reserve force
of 18 B-52 aircraft, of which $3,900,000 shall be available from
``Military Personnel, Air Force'', $44,300,000 shall be available from
``Operation and Maintenance, Air Force'', and $27,900,000 shall be
available from ``Aircraft Procurement, Air Force'': Provided, That the
Secretary of the Air Force shall maintain a total force of 94 B-52
aircraft, including 18 attrition reserve aircraft, during fiscal year
2006: Provided further, That the Secretary of Defense shall include in
the Air Force budget request for fiscal year 2007 amounts sufficient to
maintain a B-52 force totaling 94 aircraft.
Sec. 8105. The Secretary of the Air Force is authorized, using
funds available under the heading ``Operation and Maintenance, Air
Force'', to complete a phased repair project, which repairs may include
upgrades and additions, to the infrastructure of the operational ranges
managed by the Air Force in Alaska: Provided, That the total cost of
such phased projects shall not exceed $32,000,000.
Sec. 8106. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $12,850,000 is hereby
appropriated to the Department of Defense, to remain available until
September 30, 2006: Provided, That the Secretary of Defense shall make
grants in the amounts specified as follows: $850,000 to the Fort Des
Moines Memorial Park and Education Center; $2,000,000 to the American
Civil War Center at Historic Tredegar; $3,000,000 to the Museum of
Flight, American Heroes Collection; $1,000,000 to the National Guard
Youth Foundation; $3,000,000 to the United Services Organization;
$2,000,000 to the Dwight D. Eisenhower Memorial Commission; and
$1,000,000 to the Iraq Cultural Heritage Assistance Project.
(transfer of funds)
Sec. 8107. The Secretary of Defense may transfer funds from any
currently available Department of the Navy appropriation to any
available Navy shipbuilding and conversion appropriation for the
purpose of funding shipbuilding cost increases for any ship
construction program, to be merged with and to be available for the
same purposes and for the same time period as the appropriation to
which transferred: Provided, That all transfers under this section
shall be subject to the notification requirements applicable to
transfers under section 8005 of this Act.
Sec. 8108. The budget of the President for fiscal year 2007
submitted to the Congress pursuant to section 1105 of title 31, United
States Code shall include separate budget justification documents for
costs of United States Armed Forces' participation in contingency
operations for the Military Personnel accounts, the Operation and
Maintenance accounts, and the Procurement accounts: Provided, That
these documents shall include a description of the funding requested
for each contingency operation, for each military service, to include
all Active and Reserve components, and for each appropriations account:
Provided further, That these documents shall include estimated costs
for each element of expense or object class, a reconciliation of
increases and decreases for each contingency operation, and
programmatic data including, but not limited to, troop strength for
each Active and Reserve component, and estimates of the major weapons
systems deployed in support of each contingency: Provided further, That
these documents shall include budget exhibits OP-5 and OP-32 (as
defined in the Department of Defense Financial Management Regulation)
for all contingency operations for the budget year and the two
preceding fiscal years.
Sec. 8109. Of the amounts provided in title II of this Act under
the heading, ``Operation and Maintenance, Defense-Wide'', $20,000,000
is available for the Regional Defense Counter-terrorism Fellowship
Program, to fund the education and training of foreign military
officers, ministry of defense civilians, and other foreign security
officials, to include United States military officers and civilian
officials whose participation directly contributes to the education and
training of these foreign students.
Sec. 8110. None of the funds appropriated or made available in this
Act shall be used to reduce or disestablish the operation of the 53rd
Weather Reconnaissance Squadron of the Air Force Reserve, if such
action would reduce the WC-130 Weather Reconnaissance mission below the
levels funded in this Act: Provided, That the Air Force shall allow the
53rd Weather Reconnaissance Squadron to perform other missions in
support of national defense requirements during the non-hurricane
season.
Sec. 8111. None of the funds provided in this Act shall be
available for integration of foreign intelligence information unless
the information has been lawfully collected and processed during the
conduct of authorized foreign intelligence activities: Provided, That
information pertaining to United States persons shall only be handled
in accordance with protections provided in the Fourth Amendment of the
United States Constitution as implemented through Executive Order No.
12333.
Sec. 8112. For purposes of section 612 of title 41, United States
Code, any subdivision of appropriations made under the heading
``Shipbuilding and Conversion, Navy'' that is not closed at the time
reimbursement is made shall be available to reimburse the Judgment Fund
and shall be considered for the same purposes as any subdivision under
the heading ``Shipbuilding and Conversion, Navy'' appropriations in the
current fiscal year or any prior fiscal year.
(transfer of funds)
Sec. 8113. Upon enactment of this Act, the Secretary of Defense
shall make the following transfer of funds: Provided, That funds so
transferred shall be merged with and shall be available for the same
purpose and for the same time period as the appropriation to which
transferred: Provided further, That the amounts shall be transferred
between the following appropriations in the amounts specified:
From:
Under the heading, ``Shipbuilding and Conversion,
Navy, 2003/2007'':
For outfitting, post delivery, conversions,
and first destination transportation,
$3,300,000;
Under the heading, ``Shipbuilding and Conversion,
Navy, 2004/2008'':
For outfitting, post delivery, conversions,
and first destination transportation,
$6,100,000;
To:
Under the heading, ``Shipbuilding and Conversion,
Navy, 2003/2007'':
SSGN, $3,300,000.
Under the heading, ``Shipbuilding and Conversion,
Navy, 2004/2008'':
SSGN, $6,100,000.
Sec. 8114. None of the funds in this Act may be obligated for a
classified program as described on page 18 of the compartmented annex
to Volume IV of the Fiscal Year 2006 National Intelligence Program
justification book unless specifically authorized in the Intelligence
Authorization Act for Fiscal Year 2006.
Sec. 8115. (a) The Director of the Office of Management and Budget
shall, in coordination with the Secretary of Defense and the Secretary
of Homeland Security, conduct a study on improving the response of the
Federal Government to disasters.
(b) The study under subsection (a) shall--
(1) consider mechanisms for coordinating and expediting
disaster response efforts;
(2) examine the role of the Department of Defense in
participating in disaster response efforts, including by
providing planning, logistics, and relief and reconstruction
assistance;
(3) consider the establishment of criteria for
automatically triggering the participation of the Department of
Defense in disaster response efforts; and
(4) assess the role of the United States Geological Survey
in enhancing disaster preparation measures.
(c) Not later than May 1, 2006, the Director of the Office of
Management and Budget shall submit to Congress a report on the study
conducted under subsection (a), including--
(1) recommendations for improving the response of the
Federal Government to disasters, including by providing for
greater participation by the Department of Defense in response
efforts; and
(2) proposals for any legislation or regulations that the
Director determines necessary to implement such
recommendations.
Sec. 8116. (a) From the money in the Treasury not otherwise
obligated or appropriated, there are appropriated to the Centers for
Disease Control and Prevention $3,913,000,000 for activities relating
to the avian flu epidemic during the fiscal year ending September 30,
2006, which shall be available until expended.
(b) Of the amount appropriated under subsection (a)--
(1) $3,080,000,000 shall be for the stockpiling of
antivirals and necessary medical supplies;
(2) $33,000,000 shall be for global surveillance relating
to avian flu;
(3) $125,000,000 shall be to increase the national
investment in domestic vaccine infrastructure including
development and research;
(4) $600,000,000 shall be for additional grants to state
and local public health agencies for emergency preparedness, to
increase funding for emergency preparedness centers, and to
expand hospital surge capacity;
(5) $75,000,000 shall be for risk communication and
outreach to providers, businesses, and to the American public;
(c) The amount appropriated under subsection (a)--
(1) is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress); and
(2) shall remain available until expended.
(d) This section shall take effect on the date of enactment of this
Act.
Sec. 8117. Nonreduction in pay while Federal employee is performing
active service in the uniformed services or National Guard. (a) Short
Title.--This section may be cited as the ``Reservists Pay Security Act
of 2005''.
(b) In General.--Subchapter IV of chapter 55 of title 5, United
States Code, is amended by adding at the end the following:
``Sec. 5538. Nonreduction in pay while serving in the uniformed
services or National Guard
``(a) An employee who is absent from a position of employment 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
described in subsection (b), an amount equal to the amount by which--
``(1) the amount of basic pay which would otherwise 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 employment with the Government.
``(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 provisions 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 employee may report or
apply for employment or reemployment following completion of
service on active duty to which called or ordered as described
in subsection (a).
``(c) Any amount payable under this section to an employee 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 interrupted.
``(d) The Office of Personnel Management shall, in consultation
with Secretary of Defense, prescribe any regulations necessary to carry
out the preceding provisions of this section.
``(e)(1) The head of each agency referred to in section
2302(a)(2)(C)(ii) shall, in consultation with the Office, prescribe
procedures to ensure that the rights under this section apply to the
employees of such agency.
``(2) The Administrator of the Federal Aviation Administration
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 following:
``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 amended by this section) beginning on
or after the date of enactment of this Act.
Sec. 8118. Notwithstanding Section 101 of H.J. Res. 68, the
Community Services Block Grant program shall be funded at the same rate
of operation as in Division F of Public Law 108-447, through November
18, 2005.
Sec. 8119. Applications for Impact Aid Payment.--Notwithstanding
paragraphs (2) and (3) of section 8005(d) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7705(d)(2) and (3)), the
Secretary of Education shall treat as timely filed, and shall process
for payment, an application under section 8002 or section 8003 of such
Act (20 U.S.C. 7702, 7703) for fiscal year 2005 from a local
educational agency--
(1) that, for each of the fiscal years 2000 through 2004,
submitted an application by the date specified by the Secretary
of Education under section 8005(c) of such Act for the fiscal
year;
(2) for which a reduction of more than $1,000,000 was made
under section 8005(d)(2) of such Act by the Secretary of
Education as a result of the agency's failure to file a timely
application under section 8002 or 8003 of such Act for fiscal
year 2005; and
(3) that submits an application for fiscal year 2005 during
the period beginning on February 2, 2004, and ending on the
date of enactment of this Act.
Sec. 8120. Of the amount appropriated by title III under the
heading ``Other Procurement, Navy'', up to $3,000,000 may be made
available for the Joint Aviation Technical Data Integration Program.
Sec. 8121. (a) Renaming of Death Gratuity Payable for Deaths of
Members of the Armed Forces.--Subchapter II of chapter 75 of title 10,
United States Code, is amended as follows:
(1) In section 1475(a), by striking ``have a death gratuity
paid'' and inserting ``have fallen hero compensation paid''.
(2) In section 1476(a)--
(A) in paragraph (1), by striking ``a death
gratuity'' and inserting ``fallen hero compensation'';
and
(B) in paragraph (2), by striking ``A death
gratuity'' and inserting ``Fallen hero compensation''.
(3) In section 1477(a), by striking ``A death gratuity''
and inserting ``Fallen hero compensation''.
(4) In section 1478(a), by striking ``The death gratuity''
and inserting ``The amount of fallen hero compensation''.
(5) In section 1479(1), by striking ``the death gratuity''
and inserting ``fallen hero compensation''.
(6) In section 1489--
(A) in subsection (a), by striking ``a gratuity''
in the matter preceding paragraph (1) and inserting
``fallen hero compensation''; and
(B) in subsection (b)(2), by inserting ``or other
assistance'' after ``lesser death gratuity''.
(b) Clerical Amendments.--
(1) Such subchapter is further amended by striking ``Death
gratuity:'' each place it appears in the heading of sections
1475 through 1480 and 1489 and inserting ``Fallen hero
compensation:''.
(2) The table of sections at the beginning of such
subchapter is amended by striking ``Death gratuity:'' in the
items relating to sections 1474 through 1480 and 1489 and
inserting ``Fallen hero compensation:''.
(c) General References.--Any reference to a death gratuity payable
under subchapter II of chapter 75 of title 10, United States Code, in
any law, regulation, document, paper, or other record of the United
States shall be deemed to be a reference to fallen hero compensation
payable under such subchapter, as amended by this section.
Sec. 8122. Of the amount appropriated by title IV under the heading
``Research, Development, Test, and Evaluation, Air Force'', up to
$3,000,000 may be used for research and development on the reliability
of field programmable gate arrays for space applications.
Sec. 8123. Of the amount appropriated by title IV under the heading
``Research, Development, Test, and Evaluation, Army'', up to $1,000,000
may be used for Chemical Biological Defense Material Test and
Evaluation Initiative.
Sec. 8124. Of the amount appropriated by title IV under the heading
``Research, Development, Test and Evaluation, Army'', up to $1,000,000
may be made available for an environmental management and compliance
information system.
Sec. 8125. Of the amount appropriated by title IV under the heading
``Research, Development, Test and Evaluation, Army'', up to $2,000,000
may be made available for medical advanced technology for applied
emergency hypothermia for advanced combat casualty life support.
Sec. 8126. (a) Findings.--The Senate makes the following findings:
(1) The Department of Defense Appropriations Act, 2004
(Public Law 108-87), the Department of Defense Appropriations
Act, 2005 (Public Law 108-287), and the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and
Tsunami Relief, 2005 (Public Law 109-13) each contain a sense
of the Senate provision urging the President to provide in the
annual budget requests of the President for a fiscal year under
section 1105(a) of title 31, United States Code, an estimate of
the cost of ongoing military operations in Iraq and Afghanistan
in such fiscal year.
(2) The budget for fiscal year 2006 submitted to Congress
by the President on February 7, 2005, requests no funds for
fiscal year 2006 for ongoing military operations in Iraq or
Afghanistan.
(3) According to the Congressional Research Service, there
exists historical precedent for including the cost of ongoing
military operations in the annual budget requests of the
President following initial funding for such operations by
emergency or supplemental appropriations Acts, including--
(A) funds for Operation Noble Eagle, beginning in
the budget request of President George W. Bush for
fiscal year 2005;
(B) funds for operations in Kosovo, beginning in
the budget request of President George W. Bush for
fiscal year 2001;
(C) funds for operations in Bosnia, beginning in
budget request of President Clinton for fiscal year
1997;
(D) funds for operations in Southwest Asia,
beginning in the budget request of President Clinton
for fiscal year 1997;
(E) funds for operations in Vietnam, beginning in
the budget request of President Johnson for fiscal year
1966; and
(F) funds for World War II, beginning in the budget
request of President Roosevelt for fiscal year 1943.
(4) In section 1024(b) of Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and
Tsunami Relief, 2005 (119 Stat. 252), the Senate requested that
the President submit to Congress, not later than September 1,
2005, an amendment to the budget of the President for fiscal
year 2006 setting forth detailed cost estimates for ongoing
military operations overseas during such fiscal year.
(5) The President has yet to submit such an amendment.
(6) The Department of Defense Appropriations Act, 2006, as
reported to the Senate by the Committee on Appropriations of
the Senate on September 28, 2005, contains a bridge fund of
$50,000,000,000 for overseas contingency operations, but the
determination of that amount could not take into account any
Administration estimate on the projected cost of such
operations in fiscal year 2006.
(7) In February 2005, the Congressional Budget Office
estimated that fiscal year 2006 cost of ongoing military
operations in Iraq and Afghanistan could total $85,000,000,000.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) any request for funds for a fiscal year after fiscal
year 2006 for an ongoing military operation overseas, including
operations in Afghanistan and Iraq, should be included in the
annual budget of the President for such fiscal year as
submitted to Congress under section 1105(a) of title 31, United
States Code;
(2) the amendment to the budget of the President for fiscal
year 2006, requested by the Senate to be submitted to Congress
not later than September 1, 2005, by section 1024(b) of
Emergency Supplemental Appropriations Act for Defense, the
Global War on Terror, and Tsunami Relief, 2005, is necessary to
describe the anticipated use of the $50,000,000,000 bridge fund
appropriated in this Act and set forth all additional
appropriations that will be required for the fiscal year; and
(3) any funds provided for a fiscal year for ongoing
military operations overseas should be provided in
appropriations Acts for such fiscal year through appropriations
to specific accounts set forth in such appropriations Acts.
Sec. 8127. (a) Reimbursement for Certain Protective, Safety, or
Health Equipment Purchased by or for Members of the Armed Forces for
Deployment in Operations in Iraq and Central Asia.--
(1) In general.--Subject to subsections (d) and (e), the
Secretary of Defense shall reimburse a member of the Armed
Forces, or a person or entity referred to in paragraph (2), for
the cost (including shipping cost) of any protective, safety,
or health equipment that was purchased by such member, or such
person or entity on behalf of such member, before or during the
deployment of such member in Operation Noble Eagle, Operation
Enduring Freedom, or Operation Iraqi Freedom for the use of
such member in connection with such operation if the unit
commander of such member certifies that such equipment was
critical to the protection, safety, or health of such member.
(2) Covered persons and entities.--A person or entity
referred to in this paragraph is a family member or relative of
a member of the Armed Forces, a non-profit organization, or a
community group.
(3) Regulations not required for reimbursement.--
Reimbursements may be made under this subsection in advance of
the promulgation by the Secretary of Defense of regulations, if
any, relating to the administration of this section.
(b) Protective Equipment Reimbursement Fund.--
(1) Establishment.--There is hereby established an account
to be known as the ``Protective Equipment Reimbursement Fund''
(in this subsection referred to as the ``Fund'').
(2) Elements.--The Fund shall consist of amounts deposited
in the Fund from amounts available for the Fund under
subsection (f).
(3) Availability.--Amounts in the Fund shall be available
directly to the unit commanders of members of the Armed Forces
for the making of reimbursements for protective, safety, and
health equipment under subsection (a).
(4) Documentation.--Each person seeking reimbursement under
subsection (a) for protective, safety, or health equipment
purchased by or on behalf of a member of the Armed Forces shall
submit to the unit commander of such member such documentation
as is necessary to establish each of the following:
(A) The nature of such equipment, including whether
or not such equipment qualifies as protective, safety,
or health equipment under subsection (c).
(B) The cost of such equipment.
(c) Covered Protective, Safety, and Health Equipment.--Protective,
safety, and health equipment for which reimbursement shall be made
under subsection (a) shall include personal body armor, collective
armor or protective equipment (including armor or protective equipment
for high mobility multi-purpose wheeled vehicles), and items provided
through the Rapid Fielding Initiative of the Army, or equivalent
programs of the other Armed Forces, such as the advanced (on-the-move)
hydration system, the advanced combat helmet, the close combat optics
system, a Global Positioning System (GPS) receiver, a gun scope and a
soldier intercommunication device.
(d) Limitation Regarding Amount of Reimbursement.--The amount of
reimbursement provided under subsection (a) per item of protective,
safety, and health equipment purchased by or on behalf of any given
member of the Armed Forces may not exceed the lesser of--
(1) the cost of such equipment (including shipping cost);
or
(2) $1,100.
(e) Ownership of Equipment.--The Secretary shall identify the
circumstances, if any, under which the United States shall assume title
or ownership of protective, safety, or health equipment for which
reimbursement is provided under subsection (a).
(f) Funding.--
(1) In general.--Except as provided in paragraph (2),
amounts for reimbursements under subsection (a) shall be
derived from any amounts authorized to be appropriated by this
Act.
(2) Exception.--Amounts authorized to be appropriated by
this Act and available for the procurement of equipment for
members of the Armed Forces deployed, or to be deployed, to
Iraq or Afghanistan may not be utilized for reimbursements
under subsection (a).
(g) Repeal of Superseded Authority.--Section 351 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year 2005 (Public
Law 108-375; 118. Stat. 1857) is repealed.
Sec. 8128. Ensuring Transparency in Federal Contracting.--(a)
Publication of Information on Federal Contractor Misconduct.--The
Secretary of Defense shall maintain a publicly-available website that
provides information on instances of improper conduct by contractors
entering into or carrying out Federal contracts, including instances in
which contractors have been fined, paid penalties or restitution,
settled, plead guilty to, or had judgments entered against them in
connection with allegations of improper conduct.
(b) Reports on Federal No-bid Contracts Related to Iraq
Reconstruction.--
(1) Reports required.--Not later than 7 days after entering
into a no-bid contract to procure property or services in
connection with Iraq reconstruction, the head of an executive
agency shall submit to the Secretary of Defense a report on the
contract.
(2) Content.--Each report submitted under paragraph (1)
shall include the following information:
(A) The date the contract was awarded.
(B) The contract number.
(C) The name of the contractor.
(D) The amounts awarded and obligated under the
contract.
(E) The scope of work under the contract.
(3) Publication.--The Secretary of Defense shall maintain a
publicly-available website that lists the information provided
in reports submitted under paragraph (1).
(4) Executive agency defined.--In this subsection, the term
``executive agency'' has the meaning given such term in section
4 of the Office of Federal Procurement Policy Act (41 U.S.C.
403).
Sec. 8129. (a) Prohibition on Transfer of Authority on Tactical
Unmanned Aerial Vehicles.--None of the funds appropriated by this Act
may be used to transfer research and development, acquisition, or other
program authority relating to current tactical unmanned aerial vehicles
(TUAVs) from the Army.
(b) Extended Range Multi-Purpose Unmanned Aerial Vehicles.--The
Army shall retain responsibility for and operational control of the
Extended Range Multi-Purpose (ERMP) Unmanned Aerial Vehicle (UAV) in
order to support the Secretary of Defense in matters relating to the
employment of unmanned aerial vehicles.
Sec. 8130. Of the amount appropriated in title III under the
heading ``Other Procurement, Navy'', up to $2,000,000 may be made
available for the Surface Sonar Dome Window Program.
Sec. 8131. Of the amount appropriated by title IV under the heading
``Research, Development, Test, and Evaluation, Army'', up to $700,000
may be used for Medical Countermeasures to Nerve Agents.
Sec. 8132. Of the amount appropriated by title IV under the heading
``Research, Development, Test, and Evaluation, Defense-Wide'', up to
$5,000,000 may be used for High Performance Defense Manufacturing
Technology Research and Development.
Sec. 8133. Of the amount appropriated by title II under the heading
``Operation and Maintenance, Army'', up to $600,000 may be made
available for removal of unexploded ordnance at Camp Wheeler, Georgia.
Sec. 8134. Of the amount appropriated by title IV under the heading
``Research, Development, Test, and Evaluation, Army'', up to $4,000,000
may be used for the development of light-weight rigid-rod polyphenylene
ammunition.
Sec. 8135. Of the amounts appropriated by title VII under the
heading ``Intelligence Community Management Account'', up to $2,000,000
may be used for the Pat Roberts Intelligence Scholars Program.
Sec. 8136. Of the amount appropriated by title IV under the heading
``Research, Development, Test, and Evaluation, Army'', up to $1,000,000
may be used for Combat Vehicle and Automotive Technology (PE#0602601A)
for the Multipurpose Utility Vehicle.
Sec. 8137. Of the amount appropriated by this title under the
heading ``Research, Development, Test and Evaluation, Navy'', up to
$3,000,000 may be available for land attack technology for the
Millennium Gun System.
Sec. 8138. Of the amount appropriated by title IV under the heading
``Research, Development, Test, and Evaluation, Army'', up to $2,000,000
may be used for Moldable Armor.
Sec. 8139. Pilot Project for Civilian Linguist Reserve Corps.--(a)
In General.--The Secretary of Defense, acting through the Chairman of
the National Security Education Board, shall, during the 3-year period
beginning on the date of enactment of this Act, carry out a pilot
program to establish a civilian linguist reserve corps, comprised of
United States citizens with advanced levels of proficiency in foreign
languages, who would be available, upon request from the President, to
perform translation and other services or duties with respect foreign
languages for the Federal Government.
(b) Implementation.--In establishing the Civilian Linguist Reserve
Corps, the Secretary, after reviewing the findings and recommendations
contained in the report required under section 325 of the Intelligence
Authorization Act for Fiscal Year 2003 (Public Law 107-306; 116 Stat.
2393), shall--
(1) identify several foreign languages in which proficiency
by United States citizens is critical for the national security
interests of the United States and the relative importance of
such proficiency in each such language;
(2) identify United States citizens with advanced levels of
proficiency in each foreign language identified under paragraph
(1) who would be available to perform the services and duties
referred to in subsection (a);
(3) cooperate with other Federal agencies with national
security responsibilities to implement a procedure for securing
the performance of the services and duties referred to in
subsection (a) by the citizens identified under paragraph (2);
and
(4) invite individuals identified under paragraph (2) to
participate in the civilian linguist reserve corps.
(c) Contract Authority.--In establishing the civilian linguist
reserve corps, the Secretary may enter into contracts with appropriate
agencies or entities.
(d) Feasibility Study.--During the course of the pilot program
established under this section, the Secretary shall conduct a study of
the best practices to be utilized in establishing the civilian linguist
reserve corps, including practices regarding--
(1) administrative structure;
(2) languages that will be available;
(3) the number of language specialists needed for each
language;
(4) the Federal agencies that may need language services;
(5) compensation and other operating costs;
(6) certification standards and procedures;
(7) security clearances;
(8) skill maintenance and training; and
(9) the use of private contractors to supply language
specialists.
(e) Reports.--
(1) Evaluation reports.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, and annually thereafter
for the next 2 years, the Secretary shall submit to
Congress an evaluation report on the pilot project
conducted under this section.
(B) Contents.--Each report under subparagraph (A)
shall contain information on the operation of the pilot
project, the success of the pilot project in carrying
out the objectives of the establishment of a civilian
linguist reserve corps, and recommendations for the
continuation or expansion of the pilot project.
(2) Final report.--Not later than 6 months after the
completion of the pilot project, the Secretary shall submit to
Congress a final report summarizing the lessons learned, best
practices, and recommendations for full implementation of a
civilian linguist reserve corps.
(f) Funding.--Of the amount appropriated under the heading
``Operation and Maintenance, Defense-Wide'' in title II, up to
$1,500,000 may be available to carry out the pilot program under this
section.
Sec. 8140. (a) Funding for Participation of Vet Centers in
Transition Assistance Programs.--Of the amounts appropriated or
otherwise made available by this Act, up to $5,000,000 may be used for
the participation of Vet centers in the transition assistance programs
of the Department of Defense for members of the Armed Forces.
(b) Vet Centers Defined.--In this section, the term ``Vet centers''
means centers for the provision of readjustment counseling and related
mental health services under section 1712A of title 38, United States
Code.
Sec. 8141. Of the amount appropriated by title IV under the heading
``Research, Development, Test and Evaluation, Air Force'', up to
$2,500,000 may be available for advanced technology for IRCM component
improvement.
Sec. 8142. Of the amount appropriated by title IV under the heading
``Research, Development, Test and Evaluation, Army'' and available for
demonstration and validation, up to $5,000,000 may be available for the
Plasma Energy Pyrolysis System (PEPS), Operational Gasification unit.
Sec. 8143. Of the amount appropriated by this Act under the heading
``Research, Development, Test and Evaluation, Defense-Wide'', up to
$5,000,000 may be available for the rapid mobilization of the New
England Manufacturing Supply Chain Initiative to meet Department of
Defense supply shortages and surge demands for parts and equipment.
Sec. 8144. Of the amount appropriated by title IV under the heading
``Research, Development, Test and Evaluation, Navy'', up to $1,000,000
may be made available for Marine Corps assault vehicles for development
of carbon fabric-based friction materials to optimize the cross-drive
transmission brake system of the Expeditionary Fighting Vehicle.
Sec. 8145. Of the amount appropriated by title IV under the heading
``Research, Development, Test, and Evaluation, Navy, up to $2,000,000
may be used for Program Element #0603235N for the Shipboard Automated
Reconstruction Capability.
Sec. 8146. (a) Blast Injury Prevention, Mitigation, and Treatment
Initiative of the Army.--Of the amount appropriated by title IV under
the heading ``Research, Development, Test, and Evaluation, Army'', up
to $1,000,000 may be available for Program Element #63002A for far
forward use of recombinant activated factor VII.
Sec. 8147. Beginning with the fiscal year 2006 program year, the
Secretary of the Air Force is strongly encouraged to exercise the
option on the existing multiyear procurement contract for C-17 aircraft
in order to enter into a multiyear contract for the procurement of 42
additional C-17 aircraft.
Sec. 8148. Department of Defense task force on mental health.--(a)
Requirement To Establish.--The Secretary of Defense shall establish
within the Department of Defense a task force to examine matters
relating to mental health and the Armed Forces.
(b) Composition.--
(1) Members.--The task force shall consist of not more than
14 members appointed by the Secretary of Defense from among
individuals described in paragraph (2) who have demonstrated
expertise in the area of mental health.
(2) Range of members.--The individuals appointed to the
task force shall include--
(A) at least one member of each of the Army, Navy,
Air Force, and Marine Corps; and
(B) a number of persons from outside the Department
of Defense equal to the total number of personnel from
within the Department of Defense (whether members of
the Armed Forces or civilian personnel) who are
appointed to the task force.
(3) Individuals appointed within department of defense.--At
least one of the individuals appointed to the task force from
within the Department of Defense shall be the surgeon general
of an Armed Force or a designee of such surgeon general.
(4) Individuals appointed outside department of defense.--
(A) Individuals appointed to the task force from outside the
Department of Defense may include officers or employees of
other departments or agencies of the Federal Government,
officers or employees of State and governments, or individuals
from the private sector.
(B) The individuals appointed to the task force from
outside the Department of Defense shall include--
(i) an officer or employee of the Department of
Veterans Affairs appointed by the Secretary of Defense
in consultation with the Secretary of Veterans Affairs;
(ii) an officer or employee of the Substance Abuse
and Mental Health Services Administration of the
Department of Health and Human Services appointed by
the Secretary of Defense in consultation with the
Secretary of Health and Human Services; and
(iii) at least two individuals who are
representatives of--
(I) a mental health policy and advocacy
organization; and
(II) a national veterans service
organization.
(5) Deadline for appointment.--All appointments of
individuals to the task force shall be made not later than 120
days after the date of the enactment of this Act.
(6) Co-chairs of Task Force.--There shall be two co-chairs
of the task force. One of the co-chairs shall be designated by
the Secretary of the Defense at the time of appointment from
among the Department of Defense personnel appointed to the task
force. The other co-chair shall be selected from among the
members appointed from outside the Department of Defense by
members so appointed.
(c) Long-Term Plan on Mental Health Services.--
(1) In general.--Not later than 12 months after the date on
which all members of the task force have been appointed, the
task force shall submit to the Secretary a long-term plan
(referred to as a strategic plan) on means by which the
Department of Defense shall improve the efficacy of mental
health services provided to members of Armed Forces by the
Department of Defense.
(2) Utilization of other efforts.--In preparing the report,
the task force shall take into consideration completed and
ongoing efforts by the Department of Defense to improve the
efficacy of mental health care provided to members of the Armed
Forces by the Department.
(3) Elements.--The long-term plan shall include an
assessment of and recommendations (including recommendations
for legislative or administrative action) for measures to
improve the following:
(A) The awareness of the prevalence of mental
health conditions among members of the Armed Forces.
(B) The efficacy of existing programs to prevent,
identify, and treat mental health conditions among
members of the Armed Forces, including programs for and
with respect to forward-deployed troops.
(C) The reduction or elimination of barriers to
care, including the stigma associated with seeking help
for mental health related conditions, and the
enhancement of confidentiality for members of the Armed
Forces seeking care for such conditions.
(D) The adequacy of outreach, education, and
support programs on mental health matters for families
of members of the Armed Forces.
(E) The efficacy of programs and mechanisms for
ensuring a seamless transition from care of members of
the Armed Forces on active duty for mental health
conditions through the Department of Defense to care
for such conditions through the Department of Veterans
Affairs after such members are discharged or released
from military, naval, or air service.
(F) The availability of long-term follow-up and
access to care for mental health conditions for members
of the Individual Ready Reserve, and the Selective
Reserve and for discharged, separated, or retired
members of the Armed Forces.
(G) Collaboration among organizations in the
Department of Defense with responsibility for or
jurisdiction over the provision of mental health
services.
(H) Coordination between the Department of Defense
and civilian communities, including local support
organizations, with respect to mental health services.
(I) The scope and efficacy of curricula and
training on mental health matters for commanders in the
Armed Forces.
(J) Such other matters as the task force considers
appropriate.
(d) Administrative Matters.--
(1) Compensation.--Each member of the task force who is a
member of the Armed Forces or a civilian officer or employee of
the United States shall serve without compensation (other than
compensation to which entitled as a member of the Armed Forces
or an officer or employee of the United States, as the case may
be). Other members of the task force shall be treated for
purposes of section 3161 of title 5, United States Code, as
having been appointed under subsection (b) of such section.
(2) Oversight.--The Under Secretary of Defense for
Personnel and Readiness shall oversee the activities of the
task force.
(3) Administrative support.--The Washington Headquarters
Services of the Department of Defense shall provide the task
force with personnel, facilities, and other administrative
support as necessary for the performance of the duties of the
task force.
(4) Access to facilities.--The Under Secretary of Defense
for Personnel and Readiness shall, in coordination with the
Secretaries of the military departments, ensure appropriate
access by the task force to military installations and
facilities for purposes of the discharge of the duties of the
task force.
(e) Report.--
(1) In general.--The task force shall submit to the
Secretary of Defense a report on its activities under this
section. The report shall include--
(A) a description of the activities of the task
force;
(B) the plan required by subsection (c); and
(C) such other mattes relating to the activities of
the task force that the task force considers
appropriate.
(2) Transmittal to congress.--Not later than 90 days after
receipt of the report under paragraph (1), the Secretary shall
transmit the report to the Committees on Armed Services and
Veterans' Affairs of the Senate and the House of
Representatives. The Secretary may include in the transmittal
such comments on the report as the Secretary considers
appropriate.
(f) Termination.--The task force shall terminate 90 days after the
date on which the report of the task force is submitted to Congress
under subsection (e)(2).
Sec. 8149. (a) Army Programs.--Of the amount appropriated by title
IV under the heading ``Research, Development, Test, and Evaluation,
Army'', up to an additional $10,000,000 may be used for Program Element
0601103A for University Research Initiatives.
(b) Navy Programs.--Of the amount appropriated by title IV under
the heading ``Research, Development, Test, and Evaluation, Navy'', up
to an additional $5,000,000 may be used for Program Element 0601103N
for University Research Initiatives.
(c) Air Force Programs.--Of the amount appropriated by title IV
under the heading ``Research, Development, Test, and Evaluation, Air
Force'', up to an additional $10,000,000 may be used for Program
Element 0601103F for University Research Initiatives.
(d) Defense-Wide Activities.--Of the amount appropriated by title
IV under the heading ``Research, Development, Test, and Evaluation,
Defense-Wide''--
(A) up to an additional $10,000,000 may be used for Program
Element 0601120D8Z for the SMART National Defense Education
Program; and
(B) up to an additional $5,000,000 may be used for Program
Element 0601101E for the Defense Advanced Research Projects
Agency University Research Program in Cybersecurity.
(e) Sense of Senate.--It is the sense of the Senate that it should
be a goal of the Department of Defense to allocate to basic research
programs each fiscal year an amount equal to 15 percent of the funds
available to the Department of Defense for science and technology in
such fiscal year.
Sec. 8150. Report on review and implementation of Comptroller
General recommendations on transition assistance for members of the
National Guard and Reserves.--(a) Report.--Not later than 30 days after
the date of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on the status
of the review of, and actions taken to implement, the recommendations
of the Comptroller General of the United States in the report of the
Comptroller General entitled ``Military and Veterans Benefits: Enhanced
Services Could Improve Transition Assistance for Reserves and National
Guard'' (GAO 05-544).
(b) Particular Information.--If the Secretary has determined in the
course of the review described in subsection (a) not to implement any
recommendation of the Comptroller General described in that subsection,
the report under that subsection shall include a justification of such
determination.
Sec. 8151. Any limitation, directive, or earmarking contained in
either the House of Representatives or Senate report accompanying H.R.
2863 shall also be included in the conference report or joint statement
accompanying H.R. 2863 in order to be considered as having been
approved by both Houses of Congress.
Sec. 8152. (a) Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the use of ground source
heat pumps at Department of Defense facilities.
(b) The report required under subsection (a) shall include--
(1) a description of the types of Department of Defense
facilities that use ground source heat pumps;
(2) an assessment of the applicability and cost-
effectiveness of the use of ground source heat pumps at
Department of Defense facilities in different geographic
regions of the United States; and
(3) a description of the relative applicability of ground
source heat pumps for purposes of new construction at, and
retrofitting of, Department of Defense facilities.
Sec. 8153. (a) Of the amount appropriated by title IV under the
heading ``Research, Development, Test and Evaluation, Navy'' up to
$1,500,000 may be available for research within the High-Brightness
Electron Source program.
Sec. 8154. Uniform Standards for The Interrogation of persons under
The Detention of The Department of Defense.--(a) In General.--No person
in the custody or under the effective control of the Department of
Defense or under detention in a Department of Defense facility shall be
subject to any treatment or technique of interrogation not authorized
by and listed in the United States Army Field Manual on Intelligence
Interrogation.
(b) Applicability.--Subsection (a) shall not apply to with respect
to any person in the custody or under the effective control of the
Department of Defense pursuant to a criminal law or immigration law of
the United States.
(c) Construction.--Nothing in this section shall be construed to
affect the rights under the United States Constitution of any person in
the custody or under the physical jurisdiction of the United States.
Sec. 8155. Prohibition on cruel, inhuman, or degrading treatment or
punishment of persons under custody or control of The United States
Government.--(a) In General.--No individual in the custody or under the
physical control of the United States Government, regardless of
nationality or physical location, shall be subject to cruel, inhuman,
or degrading treatment or punishment.
(b) Construction.--Nothing in this section shall be construed to
impose any geographical limitation on the applicability of the
prohibition against cruel, inhuman, or degrading treatment or
punishment under this section.
(c) Limitation on Supersedure.--The provisions of this section
shall not be superseded, except by a provision of law enacted after the
date of the enactment of this Act which specifically repeals, modifies,
or supersedes the provisions of this section.
(d) Cruel, Inhuman, or Degrading Treatment or Punishment Defined.--
In this section, the term ``cruel, inhuman, or degrading treatment or
punishment'' means the cruel, unusual, and inhumane treatment or
punishment prohibited by the Fifth, Eighth, and Fourteenth Amendments
to the Constitution of the United States, as defined in the United
States Reservations, Declarations and Understandings to the United
Nations Convention Against Torture and Other Forms of Cruel, Inhuman or
Degrading Treatment or Punishment done at New York, December 10, 1984.
Sec. 8156. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended during fiscal year
2006 for paying salaries and expenses or other costs associated with
reimbursing or otherwise financially compensating the Government of
Uzbekistan for services rendered to the United States at Karshi-
Khanabad airbase in Uzbekistan.
Sec. 8157. Sense of the Senate regarding Depot Maintenance.--(a)
Findings.--The Senate finds that--
(1) the Depot Maintenance Strategy and Master Plan of the
Air Force reflects the essential requirements for the Air Force
to maintain a ready and controlled source of organic technical
competence, thereby ensuring an effective and timely response
to national defense contingencies and emergency requirements;
(2) since the publication of the Depot Maintenance Strategy
and Master Plan of the Air Force in 2002, the service has made
great progress toward modernizing all 3 of its Depots, in order
to maintain their status as ``world class'' maintenance repair
and overhaul operations;
(3) 1 of the indispensable components of the Depot
Maintenance Strategy and Master Plan of the Air Force is the
commitment of the Air Force to allocate $150,000,000 a year
over 6 years, beginning in fiscal year 2004, for
recapitalization and investment, including the procurement of
technologically advanced facilities and equipment, of our
Nation's 3 Air Force depots; and
(4) the funds expended to date have ensured that
transformation projects, such as the initial implementation of
``Lean'' and ``Six Sigma'' production techniques, have achieved
great success in dramatically reducing the time necessary to
perform depot maintenance on aircraft.
(b) Sense of the Senate.--It is the sense of the Senate that--
(1) the Air Force should be commended for the
implementation of its Depot Maintenance Strategy and Master
Plan and, in particular, meeting its commitment to invest
$150,000,000 a year over 6 years, since fiscal year 2004, in
the Nation's 3 Air Force Depots; and
(2) the Air Force should continue to fully fund its
commitment of $150,000,000 a year through fiscal year 2009 in
investments and recapitalization projects pursuant to the Depot
Maintenance Strategy and Master Plan.
Sec. 8158. Of the amount appropriated by title III under the
heading ``Procurement of Weapons and Tracked Combat Vehicles, Army'',
up to $5,000,000 may be used for the Arsenal Support Program Initiative
for Watervliet Arsenal, New York.
Sec. 8159. Of the amount appropriated by title IV under the heading
``Research, Development, Test, and Evaluation, Defense-Wide'', up to
$4,000,000 may be used for Oral Anthrax/Plague Vaccine Development.
Sec. 8160. (a) The Secretary of the Navy may, subject to the terms
and conditions of the Secretary, donate the World War II-era marine
railway located at the United States Naval Academy, Annapolis,
Maryland, to the Richardson Maritime Heritage Center, Cambridge,
Maryland.
(b) The marine railway donated under subsection (a) may not be used
for commercial purposes.
Sec. 8161. The Secretary of Defense may present promotional
materials, including a United States flag, to any member of an Active
or Reserve component under the Secretary's jurisdiction who, as
determined by the Secretary, participates in Operation Enduring Freedom
or Operation Iraqi Freedom, along with other recognition items in
conjunction with any week-long national observation and day of national
celebration, if established by Presidential proclamation, for any such
members returning from such operations.
Sec. 8162. (a) Implementation of Long-Range Wireless
Capabilities.--Of the amount appropriated by title II under the heading
``Operation and Maintenance, Air Force'', up to $10,000,000 may be used
by the United States Northern Command for the purposes of implementing
Long-Range Wireless telecommunications capabilities for the Gulf States
and key entities within the Northern Command Area of Responsibility
(AOR).
(b) Implementation of Long-Range Wireless Capabilities.--Of the
amount appropriated or otherwise made available by title III under the
heading ``Other Procurement, Air Force'', up to $20,000,000 may be used
by the United States Northern Command for the purposes of implementing
IMT-2000 3G Standards Based Communications Information Extension
capabilities for the Gulf States and key entities within the Northern
Command Area of Responsibility (AOR).
Sec. 8163. (a) Submission of procedures for Combatant Status Review
Tribunals and Administrative Review Boards To Determine Status of
Detainees at Guantanamo Bay, Cuba.--Not later than 180 days after the
date of enactment of this Act the President shall submit to the
Congressional Defense Committees and committees on Judiciary in the
House and Senate the procedures for the Combatant Status Review
Tribunals and a noticed administrative review boards in operation at
Guantanamo Bay, Cuba, for determining the status of the detainees held
at Guantanamo Bay, including whether any such detainee is a lawful
enemy combatant or an unlawful enemy combatant.
(b) Procedures.--The procedures submitted to Congress pursuant to
subsection (a) shall ensure that--
(A) In making a determination of status under such
procedures, the Combatant Status Review Tribunal and
annual review boards may not consider statements
derived from persons that, as determined by the
Tribunals or boards, by the preponderance of the
evidence, were obtained with undue coercion.
(B) The Designated Civilian Official shall be an
officer of the United States Government whose
appointment to office was made by the President, by and
with the advise and consent of the Senate.
(C) Modification of procedures.--The President
shall submit to Congress any modification to the
procedures submitted under subsection (a) no less than
30 days before the date on which such modifications go
into effect.
Sec. 8164. (a) Additional Amount for Aircraft Procurement, Air
Force.--The amount appropriated under the heading ``Aircraft
Procurement, Air Force'' is hereby increased by $130,000,000.
(b) Availability of Amount.--Of the amount appropriated under the
heading ``Aircraft Procurement, Air Force'', as increased by subsection
(a), $130,000,000 shall be available for purposes as follows:
(1) Procurement of Predator air vehicles, initial spares,
and RSP kits.
(2) Procurement of Containerized Dual Control Station
Launch and Recovery Elements.
(3) Procurement of a Fixed Ground Control Station.
(4) Procurement of other upgrades to Predator Ground
Control Stations, spares, and signals intelligence packages.
(c) Offset.--(1) The amount appropriated by title II for Operation
and maintenance, Air Force is hereby reduced by $130,000,000.
Sec. 8165. Sense of Senate on Transfer of Funds for increased
personnel strengths for the Army and Marine Corps.--(a) Findings.--The
Senate makes the following findings:
(1) A long-term increase in the personnel end strengths for
active duty personnel of the Army and the Marine Corps is
necessary in order to carry out the current missions of the
Army and the Marine Corps and to relieve current strains on
Army and Marine Corps forces.
(2) The cost of the increase in such end strengths is
foreseeable and should be included in the annual budget of the
President for each fiscal year, as submitted to Congress
pursuant to section 1105 of title 31, United States Code, in
order to provide a full and honest accounting to the American
people of the personnel costs of the Army and the Marine Corps.
(3) The inclusion in the annual budget of the President for
each fiscal year of the costs of an increase in such end
strengths will permit the Army and Marine Corps to plan for and
accommodate the additional troops contemplated by such
increased end strengths without reducing other important
programs.
(b) Sense of Senate.--It is the sense of the Senate that the
additional amounts to be required for increases in the personnel end
strengths for active duty personnel of the Army and the Marine Corps
for fiscal year 2006 should be transferred from amounts appropriated by
title IX for the Military Personnel, Army, Military Personnel, Marine
Corps, Operation and Maintenance, Army, and Operation and Maintenance,
Marine Corps, and Operation and Maintenance, Defense-Wide, accounts to
the amounts appropriated for the applicable accounts in titles I and
II.
Sec. 8166. Of the amount appropriated by title III under the
heading ``Other Procurement, Air Force'', up to $3,000,000 may be made
available for the Laser Marksmanship Training System.
Sec. 8167. Of the amount appropriated by title IV under the heading
``Research, Development, Test, and Evaluation, Army'', up to $5,000,000
may be used for Medium Tactical Vehicle Modifications.
Sec. 8168. Section 8013 of the Department of Defense Appropriations
Act, 1994 (Public Law 103-139; 107 Stat. 1440) is amended by striking
``the report to the President from the Defense Base Closure and
Realignment Commission, July 1991'' and inserting ``the reports to the
President from the Defense Base Closure and Realignment Commission,
July 1991 and July 1993''.
Sec. 8169. Of the amount appropriated by title IV under the heading
``Research, Development, Test, and Evaluation, Army'', up to $1,000,000
may be used for Integrated Starter/Alternator for Up-Armored High
Mobility Multi-Wheeled Vehicles.
Sec. 8170. Availability of amount.--Of the amount appropriated by
title II under the heading ``Operation and Maintenance, Defense-Wide'',
up to $60,000,000 may be made available as follows:
(A) Up to $50,000,000 may be made available for
childcare services for families of members of the Armed
Forces.
(B) Up to $10,000,000 may be made available for
family assistance centers that primarily serve members
of the Armed Forces and their families.
(b) National Guard Counterdrug Support Activities.--
(1) Availability of amount.--Of the amount appropriated by
title VI under the heading ``Drug Interdiction and Counter-Drug
Activities'', up to $40,000,000 may be available for the
purpose of National Guard counterdrug support activities.
(2) Supplement not supplant.--The amount available under
paragraph (2) for the purpose specified in that paragraph is in
addition to any other amounts available under title VI for that
purpose.
Sec. 8171. Of the amount appropriated by title II under the heading
``Operation and Maintenance, Defense-Wide'', up to $2,000,000 may be
available for the establishment, in consultation with the Reach Out and
Read National Center, of a pilot project on pediatric early literacy on
military installations.
Sec. 8172. Increase in rate of basic pay of the enlisted member
serving as the Senior Enlisted Advisor for the Chairman of the Joint
Chiefs of Staff.--(a) Increase.--Footnote 2 to the table on Enlisted
Members in section 601(b) of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136; 37 U.S.C. 1009 note) is amended
by striking ``or Master Chief Petty Officer of the Coast Guard'' and
inserting ``Master Chief Petty Officer of the Coast Guard, or Senior
Enlisted Advisor for the Chairman of the Joint Chiefs of Staff''.
(b) Personal Money Allowance.--
(1) Entitlement.--Section 414(c) of title 37, United States
Code, is amended by striking ``or the Master Chief Petty
Officer of the Coast Guard'' and inserting ``the Master Chief
Petty Officer of the Coast Guard, or the Senior Enlisted
Advisor for the Chairman of the Joint Chiefs of Staff''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on April 1, 2005.
Sec. 8173. Support for Youth Organizations.--(a) Short Title.--This
Act may be cited as the ``Support Our Scouts Act of 2005''.
(b) Support for Youth Organizations.--
(1) Definitions.--In this subsection--
(A) the term ``Federal agency'' means each
department, agency, instrumentality, or other entity of
the United States Government; and
(B) the term ``youth organization''--
(i) means any organization that is
designated by the President as an organization
that is primarily intended to--
(I) serve individuals under the age
of 21 years;
(II) provide training in
citizenship, leadership, physical
fitness, service to community, and
teamwork; and
(III) promote the development of
character and ethical and moral values;
and
(ii) shall include--
(I) the Boy Scouts of America;
(II) the Girl Scouts of the United
States of America;
(III) the Boys Clubs of America;
(IV) the Girls Clubs of America;
(V) the Young Men's Christian
Association;
(VI) the Young Women's Christian
Association;
(VII) the Civil Air Patrol;
(VIII) the United States Olympic
Committee;
(IX) the Special Olympics;
(X) Campfire USA;
(XI) the Young Marines;
(XII) the Naval Sea Cadets Corps;
(XIII) 4-H Clubs;
(XIV) the Police Athletic League;
(XV) Big Brothers--Big Sisters of
America; and
(XVI) National Guard Youth
Challenge.
(2) In general.--
(A) Support for youth organizations.--
(i) Support.--No Federal law (including any
rule, regulation, directive, instruction, or
order) shall be construed to limit any Federal
agency from providing any form of support for a
youth organization (including the Boy Scouts of
America or any group officially affiliated with
the Boy Scouts of America) that would result in
that Federal agency providing less support to
that youth organization (or any similar
organization chartered under the chapter of
title 36, United States Code, relating to that
youth organization) than was provided during
the preceding fiscal year. This clause shall be
subject to the availability of appropriations.
(ii) Youth organizations that cease to
exist.--Clause (i) shall not apply to any youth
organization that ceases to exist.
(iii) Waivers.--The head of a Federal
agency may waive the application of clause (i)
to any youth organization with respect to each
conviction or investigation described under
subclause (I) or (II) for a period of not more
than 2 fiscal years if--
(I) any senior officer (including
any member of the board of directors)
of the youth organization is convicted
of a criminal offense relating to the
official duties of that officer or the
youth organization is convicted of a
criminal offense; or
(II) the youth organization is the
subject of a criminal investigation
relating to fraudulent use or waste of
Federal funds.
(B) Types of support.--Support described under this
paragraph shall include--
(i) holding meetings, camping events, or
other activities on Federal property;
(ii) hosting any official event of such
organization;
(iii) loaning equipment; and
(iv) providing personnel services and
logistical support.
(c) Support for Scout Jamborees.--
(1) Findings.--Congress makes the following findings:
(A) Section 8 of article I of the Constitution of
the United States commits exclusively to Congress the
powers to raise and support armies, provide and
maintain a Navy, and make rules for the government and
regulation of the land and naval forces.
(B) Under those powers conferred by section 8 of
article I of the Constitution of the United States to
provide, support, and maintain the Armed Forces, it
lies within the discretion of Congress to provide
opportunities to train the Armed Forces.
(C) The primary purpose of the Armed Forces is to
defend our national security and prepare for combat
should the need arise.
(D) One of the most critical elements in defending
the Nation and preparing for combat is training in
conditions that simulate the preparation, logistics,
and leadership required for defense and combat.
(E) Support for youth organization events simulates
the preparation, logistics, and leadership required for
defending our national security and preparing for
combat.
(F) For example, Boy Scouts of America's National
Scout Jamboree is a unique training event for the Armed
Forces, as it requires the construction, maintenance,
and disassembly of a ``tent city'' capable of
supporting tens of thousands of people for a week or
longer. Camporees at the United States Military Academy
for Girl Scouts and Boy Scouts provide similar training
opportunities on a smaller scale.
(2) Support.--Section 2554 of title 10, United States Code,
is amended by adding at the end the following:
``(i)(1) The Secretary of Defense shall provide at least the same
level of support under this section for a national or world Boy Scout
Jamboree as was provided under this section for the preceding national
or world Boy Scout Jamboree.
``(2) The Secretary of Defense may waive paragraph (1), if the
Secretary--
``(A) determines that providing the support subject to
paragraph (1) would be detrimental to the national security of
the United States; and
``(B) reports such a determination to the Congress in a
timely manner, and before such support is not provided.''.
(d) Equal Access for Youth Organizations.--Section 109 of the
Housing and Community Development Act of 1974 (42 U.S.C. 5309) is
amended--
(1) in the first sentence of subsection (b) by inserting
``or (e)'' after ``subsection (a)''; and
(2) by adding at the end the following:
``(e) Equal Access.--
``(1) Definition.--In this subsection, the term `youth
organization' means any organization described under part B of
subtitle II of title 36, United States Code, that is intended
to serve individuals under the age of 21 years.
``(2) In general.--No State or unit of general local
government that has a designated open forum, limited public
forum, or nonpublic forum and that is a recipient of assistance
under this chapter shall deny equal access or a fair
opportunity to meet to, or discriminate against, any youth
organization, including the Boy Scouts of America or any group
officially affiliated with the Boy Scouts of America, that
wishes to conduct a meeting or otherwise participate in that
designated open forum, limited public forum, or nonpublic
forum.''.
Sec. 8174. (a) There are appropriated out of the Employment
Security Administration account of the Unemployment Trust Fund,
$14,000,000 for authorized administrative expenses.
(b) From the money in the Treasury not otherwise obligated
or appropriated, there are appropriated to the Office of the
Inspector General of the Department of Health and Human
Services $5,000,000 for oversight activities related to
Hurricane Katrina.
(c) The amounts appropriated under subsection (a) and (b)--
(1) are designated as an emergency requirements
pursuant to section 402 of H. Con. Res. 95 (109th
Congress); and
(2) shall remain available until expended.
TITLE IX--ADDITIONAL WAR-RELATED APPROPRIATIONS
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$5,009,420,000.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$180,000.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$455,420,000.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$372,480,000.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$121,500,000.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$10,000,000.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel, Army'',
$232,300,000.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel, Air
Force'', $5,300,000.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$21,915,547,000.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$1,806,400,000.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $1,275,800,000.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $2,014,900,000.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $980,000,000, of which up to $195,000,000, to remain available
until expended, may be used for payments to reimburse Pakistan, Jordan,
and other key cooperating nations, for logistical, military, and other
support provided, or to be provided, to United States military
operations, notwithstanding any other provision of law: Provided, That
such payments may be made in such amounts as the Secretary of Defense,
with the concurrence of the Secretary of State, and in consultation
with the Director of the Office of Management and Budget, may
determine, in his discretion, based on documentation determined by the
Secretary of Defense to adequately account for the support provided,
and such determination is final and conclusive upon the accounting
officers of the United States, and 15 days following notification to
the appropriate congressional committees: Provided further, That the
Secretary of Defense shall provide quarterly reports to the
congressional defense committees on the use of funds provided in this
paragraph.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $53,700,000.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $9,400,000.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance, Marine
Corps Reserve'', $27,950,000.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $7,000,000.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $201,300,000.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $13,400,000.
Iraq Freedom Fund
(including transfer of funds)
For an additional amount for ``Iraq Freedom Fund'', $4,100,000,000,
to remain available for transfer until September 30, 2006, only to
support operations in Iraq or Afghanistan and classified activities:
Provided, That the Secretary of Defense may transfer the funds provided
herein to appropriations for military personnel; operation and
maintenance; Overseas Humanitarian, Disaster, and Civic Aid;
procurement; research, development, test and evaluation; the Defense
Health Program; and working capital funds: Provided further, That of
the amounts provided under this heading, $2,850,000,000 shall only be
for classified programs, described in further detail in the classified
annex accompanying this Act: Provided further, That $750,000,000 shall
be available for the Joint IED Defeat Task Force: Provided further,
That funds transferred shall be merged with and be available for the
same purposes and for the same time period as the appropriation or fund
to which transferred: Provided further, That this transfer authority is
in addition to any other transfer authority available to the Department
of Defense: 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 amounts may be transferred back
to this appropriation: Provided further, That the Secretary of Defense
shall, not fewer than 5 days prior to making transfers from this
appropriation, notify the congressional defense committees in writing
of the details of any such transfer: Provided further, That the
Secretary shall submit a report no later than 30 days after the end of
each fiscal quarter to the congressional defense committees summarizing
the details of the transfer of funds from this appropriation.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement, Army'',
$348,100,000, to remain available until September 30, 2008.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$80,000,000, to remain available until September 30, 2008.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and Tracked
Combat Vehicles, Army'', $910,700,000, to remain available until
September 30, 2008.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$335,780,000, to remain available until September 30, 2008.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$3,916,000,000, to remain available until September 30, 2008.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement, Navy'',
$151,537,000, to remain available until September 30, 2008.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$56,700,000, to remain available until September 30, 2008.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition, Navy and
Marine Corps'', $48,485,000, to remain available until September 30,
2008.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$116,048,000, to remain available until September 30, 2008.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$2,303,700,000, to remain available until September 30, 2008.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air Force'',
$118,058,000, to remain available until September 30, 2008.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air Force'',
$17,000,000, to remain available until September 30, 2008.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$17,500,000, to remain available until September 30, 2008.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$132,075,000, to remain available until September 30, 2008.
National Guard and Reserve Equipment
For an additional amount for ``National Guard and Reserve
Equipment'', $1,300,000,000, to remain available until expended:
Provided, That the amount available under this heading shall be
available for homeland security and homeland security response
equipment; Provided further, That the amount provided under this
heading is designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95 (109th
Congress).
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test and
Evaluation, Army'', $72,000,000, to remain available until September
30, 2007.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $17,800,000, to remain available until
September 30, 2007.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $2,500,000, to remain available until
September 30, 2007.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital Funds'',
$2,716,400,000.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Drug Interdiction and Counter-drug Activities, Defense
For an additional amount for ``Drug Interdiction and Counter-drug
Activities, Defense'', $27,620,000.
GENERAL PROVISIONS, TITLE IX
Sec. 9001. Appropriations provided in this title are available for
obligation until September 30, 2006, unless otherwise so provided in
this title.
Sec. 9002. Notwithstanding any other provision of law or of this
Act, funds made available in this title are in addition to amounts
provided elsewhere in this Act.
(transfer of funds)
Sec. 9003. Upon his determination that such action is necessary in
the national interest, the Secretary of Defense may transfer between
appropriations up to $2,500,000,000 of the funds made available to the
Department of Defense in this title: Provided, That the Secretary shall
notify the Congress promptly of each transfer made pursuant to the
authority in this section: Provided further, That the authority
provided in this section is in addition to any other transfer authority
available to the Department of Defense and is subject to the same terms
and conditions as the authority provided in section 8005 of this Act.
Sec. 9004. Funds appropriated in this title, or made available by
the transfer of funds in or pursuant to this title, for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414).
Sec. 9005. None of the funds provided in this title may be used to
finance programs or activities denied by Congress in fiscal years 2005
and 2006 appropriations to the Department of Defense or to initiate a
procurement or research, development, test and evaluation new start
program without prior written notification to the congressional defense
committees.
Sec. 9006. Notwithstanding any other provision of law, from funds
made available in this title to the Department of Defense for operation
and maintenance, not to exceed $500,000,000 may be used by the
Secretary of Defense, with the concurrence of the Secretary of State,
to train, equip and provide related assistance only to the New Iraqi
Army and the Afghan National Army to enhance their capability to combat
terrorism and to support U.S. military operations in Iraq and
Afghanistan: Provided, That such assistance may include the provision
of equipment, supplies, services, training and funding: Provided
further, That the authority to provide assistance under this section is
in addition to any other authority to provide assistance to foreign
nations: Provided further, That the Secretary of Defense shall notify
the congressional defense committees, the Committee on International
Relations of the House of Representatives, and the Committee on Foreign
Relations of the Senate not less than 15 days before providing
assistance under the authority of this section.
Sec. 9007. (a) From funds made available in this title to the
Department of Defense, not to exceed $500,000,000 may be used,
notwithstanding any other provision of law, to fund the Commander's
Emergency Response Program, for the purpose of enabling military
commanders in Iraq to respond to urgent humanitarian relief and
reconstruction requirements within their areas of responsibility by
carrying out programs that will immediately assist the Iraqi people,
and to fund a similar program to assist the people of Afghanistan.
(b) Quarterly Reports.--Not later than 15 days after the end of
each fiscal year quarter (beginning with the first quarter of fiscal
year 2006), the Secretary of Defense shall submit to the congressional
defense committees a report regarding the source of funds and the
allocation and use of funds during that quarter that were made
available pursuant to the authority provided in this section or under
any other provision of law for the purposes of the programs under
subsection (a).
Sec. 9008. Amounts provided in this title for operations in Iraq
and Afghanistan may be used by the Department of Defense for the
purchase of heavy and light armored vehicles for force protection
purposes, notwithstanding price or other limitations specified
elsewhere in this Act, or any other provision of law: Provided, That
the Secretary of Defense shall submit a report in writing no later than
30 days after the end of each fiscal quarter notifying the
congressional defense committees of any purchase described in this
section, including the cost, purposes, and quantities of vehicles
purchased.
Sec. 9009. During the current fiscal year, funds available to the
Department of Defense for operation and maintenance may be used,
notwithstanding any other provision of law, to provide supplies,
services, transportation, including airlift and sealift, and other
logistical support to coalition forces supporting military and
stability operations in Iraq and Afghanistan: Provided, That the
Secretary of Defense shall provide quarterly reports to the
congressional defense committees regarding support provided under this
section.
Sec. 9010. (a) Not later than 60 days after the date of the
enactment of this Act and every 90 days thereafter through the end of
fiscal year 2006, the Secretary of Defense shall set forth in a report
to Congress a comprehensive set of performance indicators and measures
for progress toward military and political stability in Iraq.
(b) The report shall include performance standards and goals for
security, economic, and security force training objectives in Iraq
together with a notional timetable for achieving these goals.
(c) In specific, the report requires, at a minimum, the following:
(1) With respect to stability and security in Iraq, the
following:
(A) Key measures of political stability, including
the important political milestones that must be
achieved over the next several years.
(B) The primary indicators of a stable security
environment in Iraq, such as number of engagements per
day, numbers of trained Iraqi forces, and trends
relating to numbers and types of ethnic and religious-
based hostile encounters.
(C) An assessment of the estimated strength of the
insurgency in Iraq and the extent to which it is
composed of non-Iraqi fighters.
(D) A description of all militias operating in
Iraq, including the number, size, equipment strength,
military effectiveness, sources of support, legal
status, and efforts to disarm or reintegrate each
militia.
(E) Key indicators of economic activity that should
be considered the most important for determining the
prospects of stability in Iraq, including--
(i) unemployment levels;
(ii) electricity, water, and oil production
rates; and
(iii) hunger and poverty levels.
(F) The criteria the Administration will use to
determine when it is safe to begin withdrawing United
States forces from Iraq.
(2) With respect to the training and performance of
security forces in Iraq, the following:
(A) The training provided Iraqi military and other
Ministry of Defense forces and the equipment used by
such forces.
(B) Key criteria for assessing the capabilities and
readiness of the Iraqi military and other Ministry of
Defense forces, goals for achieving certain capability
and readiness levels (as well as for recruiting,
training, and equipping these forces), and the
milestones and notional timetable for achieving these
goals.
(C) The operational readiness status of the Iraqi
military forces, including the type, number, size, and
organizational structure of Iraqi battalions that are--
(i) capable of conducting counterinsurgency
operations independently;
(ii) capable of conducting
counterinsurgency operations with the support
of United States or coalition forces; or
(iii) not ready to conduct
counterinsurgency operations.
(D) The rates of absenteeism in the Iraqi military
forces and the extent to which insurgents have
infiltrated such forces.
(E) The training provided Iraqi police and other
Ministry of Interior forces and the equipment used by
such forces.
(F) Key criteria for assessing the capabilities and
readiness of the Iraqi police and other Ministry of
Interior forces, goals for achieving certain capability
and readiness levels (as well as for recruiting,
training, and equipping), and the milestones and
notional timetable for achieving these goals,
including--
(i) the number of police recruits that have
received classroom training and the duration of
such instruction;
(ii) the number of veteran police officers
who have received classroom instruction and the
duration of such instruction;
(iii) the number of police candidates
screened by the Iraqi Police Screening Service,
the number of candidates derived from other
entry procedures, and the success rates of
those groups of candidates;
(iv) the number of Iraqi police forces who
have received field training by international
police trainers and the duration of such
instruction; and
(v) attrition rates and measures of
absenteeism and infiltration by insurgents.
(G) The estimated total number of Iraqi battalions
needed for the Iraqi security forces to perform duties
now being undertaken by coalition forces, including
defending the borders of Iraq and providing adequate
levels of law and order throughout Iraq.
(H) The effectiveness of the Iraqi military and
police officer cadres and the chain of command.
(I) The number of United States and coalition
advisors needed to support the Iraqi security forces
and associated ministries.
(J) An assessment, in a classified annex if
necessary, of United States military requirements,
including planned force rotations, through the end of
calendar year 2006.
Sec. 9011. Congress, consistent with international and United
States law, reaffirms that torture of prisoners of war and detainees is
illegal and does not reflect the policies of the United States
Government or the values of the people of the United States.
Sec. 9012. Supervision and administration costs associated with a
construction project funded with appropriations available for operation
and maintenance, and executed in direct support of the Global War on
Terrorism only in Iraq and Afghanistan, 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 cost.
Sec. 9013. Amounts appropriated or otherwise made available in this
title are designated as making appropriations for contingency
operations related to the global war on terrorism pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
This Act may be cited as the ``Department of Defense Appropriations
Act, 2006''.
Attest:
Secretary.
109th CONGRESS
1st Session
H. R. 2863
_______________________________________________________________________
AMENDMENT