[Congressional Record Volume 151, Number 124 (Thursday, September 29, 2005)]
[Senate]
[Pages S10656-S10688]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2006
Mr. STEVENS. Mr. President, I now ask unanimous consent that the
Senate proceed to the immediate consideration of Calendar No. 230, H.R.
2863. I further ask consent that the committee-reported substitute be
agreed to as original text for the purposes of further amendment, with
no points of order waived by virtue of this agreement.
The PRESIDING OFFICER. Is there objection?
Mr. HARKIN. Mr. President, reserving the right to object.
The PRESIDING OFFICER. The Senator from Iowa.
Mr. HARKIN. With the understanding I would be able to offer an
amendment as soon as the bill is laid down.
Mr. STEVENS. Mr. President, once the bill is before the Senate, it is
open to amendment.
The PRESIDING OFFICER. Does the Senator modify his request?
Mr. STEVENS. I will not consent to that. Under the rules, he is
entitled to offer an amendment. I have asked unanimous consent.
Mr. HARKIN. Okay.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (H.R. 2863) making appropriations for the Department
of Defense for the fiscal year ending September 30, 2006, and
for other purposes.
Thereupon, the Senate proceeded to consider the bill, which had been
reported from the Committee on Appropriations, with an amendment.
(Strike the part in black brackets and insert the part shown in
italic.)
H.R. 2863
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
[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 Officers' 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, $24,357,895,000.
[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
Officers' 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, $19,417,696,000.
[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,
$7,839,813,000.
[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 Officers' 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, $20,083,037,000.
[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,
$2,862,103,000.
[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, $1,486,061,000.
[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
[[Page S10657]]
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, $472,392,000.
[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,
$1,225,360,000.
[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, $4,359,704,000.
[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, $2,028,215,000.
[TITLE II
[OPERATION AND MAINTENANCE
[Operation and Maintenance, Army
[(INCLUDING TRANSFER OF FUNDS)
[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, $22,432,727,000: Provided,
That of funds made available under this heading, $2,500,000
shall be available for Fort Baker, in accordance with the
terms and conditions as provided under the heading
``Operation and Maintenance, Army'', in Public Law 107-117.
[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,
$28,719,818,000.
[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, $3,123,766,000.
[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, $28,659,373,000.
[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, $18,323,516,000:
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 $40,000,000 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 notwithstanding any
other provision of law, of the funds provided in this Act for
Civil Military programs under this heading, $500,000 shall be
available for a grant for Outdoor Odyssey, Roaring Run,
Pennsylvania, to support the Youth Development and Leadership
program and Department of Defense STARBASE program: Provided
further, That of the funds made available under this heading,
$5,000,000 is available for contractor support to coordinate
a wind test demonstration project on an Air Force
installation using wind turbines manufactured in the United
States that are new to the United States market and to
execute the renewable energy purchasing plan: 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, $1,791,212,000.
[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, $1,178,607,000.
[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, $199,929,000.
[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, $2,465,122,000.
[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), $4,142,875,000.
[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,
$4,547,515,000.
[[Page S10658]]
[Overseas Contingency Operations Transfer Account
[(INCLUDING TRANSFER OF FUNDS)
[For expenses directly relating to Overseas Contingency
Operations by United States military forces, $20,000,000, to
remain available until expended: Provided, That the Secretary
of Defense may transfer these funds only to military
personnel accounts; operation and maintenance accounts within
this title; procurement accounts; research, development, test
and evaluation accounts; and to working capital funds:
Provided further, That the funds transferred shall be merged
with and shall be available for the same purposes and for the
same time period, 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 in this paragraph is in
addition to any other transfer authority contained elsewhere
in this Act.
[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.
[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.
[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,
$2,879,380,000, to remain available for obligation until
September 30, 2008, of which $203,500,000 shall be available
for the Army National Guard and Army Reserve: Provided, That
$75,000,000 of the funds provided in this paragraph are
available only for the purpose of acquiring four (4) HH-60L
medical evacuation variant Blackhawk helicopters for the C/1-
159th Aviation Regiment (Army Reserve): Provided further,
That three (3) UH-60 Blackhawk helicopters in addition to
those referred to in the preceding proviso shall be available
only for the C/1-159th Aviation Regiment (Army Reserve).
[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,
$1,239,350,000, to remain available for obligation until
September 30, 2008, of which $150,000,000 shall be available
for the Army National Guard and Army Reserve.
[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,
$1,670,949,000, to remain available for obligation until
September 30, 2008, of which $614,800,000 shall be available
for the Army National Guard and Army Reserve.
[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,
$1,753,152,000, to remain available for obligation until
September 30, 2008, of which $119,000,000 shall be available
for the Army National Guard and Army Reserve.
[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; 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,
$4,491,634,000, to remain available for obligation until
September 30, 2008, of which $765,400,000 shall be available
for the Army National Guard and Army Reserve.
[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, $9,776,440,000, to remain available
for obligation until September 30, 2008, of which $57,779,000
shall be available for the Navy Reserve and the Marine Corps
Reserve.
[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,
$2,596,781,000, 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,
$885,170,000, to remain available for obligation until
September 30, 2008, of which $19,562,000 shall be available
for the Navy Reserve and Marine Corps Reserve.
[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), $564,913,000.
[Virginia Class Submarine, $1,637,698,000.
[Virginia Class Submarine (AP), $763,786,000.
[[Page S10659]]
[SSGN Conversion, $286,516,000.
[CVN Refueling Overhauls, $1,300,000,000.
[CVN Refueling Overhauls (AP), $20,000,000.
[SSN Engineered Refueling Overhauls (AP), $39,524,000.
[SSBN Engineered Refueling Overhauls, $230,193,000.
[SSBN Engineered Refueling Overhauls (AP), $62,248,000.
[DDG-51 Destroyer, $1,550,000,000.
[DDG-51 Destroyer Modernization, $50,000,000.
[Littoral Combat Ship, $440,000,000.
[LHD-1, $197,769,000.
[LPD-17, $1,344,741,000.
[LHA-R (AP), $200,447,000.
[Service Craft, $46,000,000.
[LCAC Service Life Extension Program, $100,000,000.
[Prior year shipbuilding costs, $394,523,000.
[Outfitting, post delivery, conversions, and first
destination transportation, $385,000,000.
[In all: $9,613,358,000, 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; 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,
$5,461,196,000, to remain available for obligation until
September 30, 2008, of which $43,712,000 shall be available
for the Navy Reserve and Marine Corps Reserve.
[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,
$1,426,405,000, 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, $12,424,298,000, to remain
available for obligation until September 30, 2008, of which
$380,000,000 shall be available for the Air National Guard
and Air Force Reserve.
[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,
$5,062,949,000, 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,
$1,031,907,000, to remain available for obligation until
September 30, 2008, of which $164,800,000 shall be available
for the Air National Guard and Air Force Reserve.
[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; 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, $13,737,214,000, to remain available for obligation
until September 30, 2008, of which $135,800,000 shall be
available for the Air National Guard and Air Force Reserve.
[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; 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, $2,728,130,000, to remain
available for obligation until September 30, 2008.
[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),
$28,573,000, 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, $10,827,174,000 (reduced by
$10,000,000) (increased by $10,000,000), 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, $18,481,862,000, 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, $22,664,868,000, 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, $19,514,530,000, 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, $1,154,340,000.
[[Page S10660]]
[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, $1,599,459,000, 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
[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 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, $1,355,827,000, of which
$1,191,514,000 shall be for Operation and maintenance;
$116,527,000 shall be for Procurement to remain available
until September 30, 2008; $47,786,000 shall be for Research,
development, test and evaluation to remain available until
September 30, 2007; and not less than $119,300,000 shall 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, $906,941,000: 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, $376,844,000 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, $39,000,000 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, and of
the said amount, $1,500,000 for Procurement shall remain
available until September 30, 2008 and $1,000,000 for
Research, development, test and evaluation shall remain
available until September 30, 2007: Provided further, That
the National Drug Intelligence Center shall maintain the
personnel and technical resources to provide timely support
to law enforcement authorities and the intelligence community
by conducting document and computer exploitation of materials
collected in Federal, State, and local law enforcement
activity associated with counter-drug, counter-terrorism, and
national security investigations and operations.
[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 $4,000,000,000 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.
[[Page S10661]]
[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.
[Apache Block II Conversion.
[Modernized Target Acquisition Designation Sight/Pilot
Night Vision Sensor (MTADS/PNVS).
[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 2007.
[(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
[[Page S10662]]
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 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. 8018. 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. 8019. 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 25 U.S.C. 1544 or a small business owned and controlled by
an individual or individuals defined under 25 U.S.C. 4221(9)
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 41 U.S.C. 430, 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 25 U.S.C. 1544 or a
small business owned and controlled by an individual or
individuals defined under 25 U.S.C. 4221(9): Provided
further, That 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. 8020. None of the funds appropriated by this Act
shall be available to perform any cost study pursuant to the
provisions of OMB Circular A-76 if the study being performed
exceeds a period of 24 months after initiation of such study
with respect to a single function activity or 30 months after
initiation of such study for a multi-function activity.
[Sec. 8021. Funds appropriated by this Act for the American
Forces Information Service shall not be used for any national
or international political or psychological activities.
[Sec. 8022. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may adjust wage rates
for civilian employees hired for certain health care
occupations as authorized for the Secretary of Veterans
Affairs by section 7455 of title 38, United States Code.
[Sec. 8023. 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. 8024. (a) Of the funds made available in this Act,
not less than $33,767,000 shall be available for the Civil
Air Patrol Corporation, of which--
[(1) $24,376,000 shall be available from ``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) $8,571,000 shall be available from ``Aircraft
Procurement, Air Force''; and
[(3) $820,000 shall be available from ``Other Procurement,
Air Force'' for vehicle procurement.
[(b) The Secretary of the Air Force should waive
reimbursement for any funds used by the Civil Air Patrol for
counter-drug activities in support of Federal, State, and
local government agencies.
[Sec. 8025. (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 5,537 staff years of technical effort (staff
years) may be funded for defense FFRDCs: Provided, That this
subsection shall not apply to staff years funded in the
National Intelligence Program.
[(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 $40,000,000.
[Sec. 8026. None of the funds appropriated or made
available in this Act shall be used to procure carbon, alloy
or armor steel plate for use in any Government-owned 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. 8027. For the purposes of this Act, the term
``congressional defense committees'' means the Armed Services
Committee of the House of Representatives, the Armed Services
Committee of the Senate, the 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. 8028. 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. 8029. (a)(1) If the Secretary of Defense, after
consultation with the United States Trade Representative,
determines that a foreign country which is party to an
agreement described in paragraph (2) has violated the terms
of the agreement by discriminating against certain types of
products produced in the United States that are covered by
the agreement, the Secretary of Defense shall rescind the
Secretary's blanket waiver of the Buy 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
[[Page S10663]]
for the Treasury and Post Office Departments for the fiscal
year ending June 30, 1934, and for other purposes'', approved
March 3, 1933 (41 U.S.C. 10a et seq.).
[Sec. 8030. Appropriations contained in this Act that
remain available at the end of the current fiscal year, and
at the end of each fiscal year hereafter, as a result of
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. 8031. The President shall include with each budget
for a fiscal year submitted to the Congress under section
1105 of title 31, United States Code, materials that shall
identify clearly and separately the amounts 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. 8032. 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. 8033. 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. 8034. (a) In General.--Notwithstanding any other
provision of law, the Secretary of the Air Force may convey
at no cost to the Air Force, without consideration, to Indian
tribes located in the States of North Dakota, South Dakota,
Montana, and Minnesota relocatable 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. 8035. 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. 8036. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of
Defense Working Capital Funds shall be used for the purchase
of an investment item for the purpose of 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. 8037. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain
available for obligation beyond the current fiscal year,
except for funds appropriated for the Reserve for
Contingencies, which shall remain available until 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. 8038. 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. 8039. 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. 8040. (a) None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense
unless the entity, in expending the funds, 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. 8041. None of the funds appropriated by this Act
shall be available for a contract for studies, analysis, or
consulting services entered into without competition on the
basis of an unsolicited proposal unless the head of the
activity responsible for the procurement determines--
[(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
[(2) the purpose of the contract is to explore an
unsolicited proposal which offers significant 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, 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. 8042. (a) Except as provided in subsection (b) and
(c), none of the funds made available by this Act may be
used--
[(1) to establish a field operating agency; or
[(2) to pay the basic pay of a member of the Armed Forces
or civilian employee of the 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 field operating
agencies funded within the National Intelligence Program.
[Sec. 8043. The Secretary of Defense, acting through the
Office of Economic Adjustment of the Department of Defense,
may use funds made available in this Act under the heading
``Operation and Maintenance, Defense-Wide'' to make grants
and supplement other Federal funds in accordance with the
guidance provided in the report of the Committee on
Appropriations of the House of Representatives accompanying
this Act, and the projects specified in such guidance shall
be considered to be authorized by law.
[(rescissions)
[Sec. 8044. Of the funds appropriated in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded from the following accounts and programs in the
specified amounts:
[``Other Procurement, Army, 2005/2007'', $60,500,000.
[``Shipbuilding and Conversion, Navy, 2005/2011'',
$325,000,000.
[``Aircraft Procurement, Air Force, 2005/2007'',
$10,000,000.
[``Other Procurement, Air Force, 2005/2007'', $3,400,000.
[[Page S10664]]
[``Research, Development, Test and Evaluation, Army, 2005/
2006'', $21,600,000.
[``Research, Development, Test and Evaluation, Navy, 2005/
2006'', $5,100,000.
[``Research, Development, Test and Evaluation, Air Force,
2005/2006'', $142,000,000.
[``Research, Development, Test and Evaluation, Defense-
Wide, 2005/2006'', $65,950,000.
[Sec. 8045. None of the funds available in this Act may be
used to reduce the authorized positions for 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. 8046. 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. 8047. 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,
the Joint Military Intelligence Program, and the Tactical
Intelligence and Related Activities aggregate: Provided, That
nothing in this section authorizes deviation from established
Reserve and National Guard personnel and training procedures.
[Sec. 8048. (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. 8049. 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. 8050. None of the funds appropriated by this Act may
be used for the procurement of ball and roller bearings other
than those produced by a domestic source and of domestic
origin: Provided, That the Secretary of the military
department responsible for such procurement may waive this
restriction on a case-by-case basis by 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. 8051. 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. 8052. 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. 8053. 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. 8054. (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. 8055. 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.
[(including transfer of funds)
[Sec. 8056. 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. 8057. 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. 8058. (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
[[Page S10665]]
project under that subsection. Such funds shall be available
for such purposes without fiscal year limitation.
[Sec. 8059. 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. 8060. 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. 8061. None of the funds made available in this Act
may be used to approve or license the sale of the F/A-22
advanced tactical fighter to any foreign government.
[Sec. 8062. (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. 8063. (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. 8064. 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. 8065. 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. 8066. 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. 8067. The Secretary of Defense shall provide a
classified quarterly report to the House and Senate
Appropriations Committees, Subcommittees on Defense on
certain matters as directed in the classified annex
accompanying this Act.
[Sec. 8068. 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. 8069. (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. 8070. 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
[[Page S10666]]
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. 8071. 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. 8072. 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 10 U.S.C. 2667, 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. 8073. 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. 8074. 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. 8075. (a) Of the amounts appropriated in this Act
under the heading, ``Research, Development, Test and
Evaluation, Defense-Wide'', $90,000,000 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.
[(b) 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. 8076. 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. 8077. In addition to amounts provided elsewhere in
this Act, $2,500,000 is hereby appropriated to the Department
of Defense, to remain available for obligation until
expended: Provided, That notwithstanding any other provision
of law, these funds shall be available only for a grant to
the Fisher House Foundation, Inc., only for the construction
and furnishing of additional Fisher Houses to meet the needs
of military family members when confronted with the illness
or hospitalization of an eligible military beneficiary.
[Sec. 8078. Amounts appropriated in title II of this Act
are hereby reduced by $264,630,000 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'', $12,734,000.
[(2) From ``Operation and Maintenance, Navy'', $91,725,000.
[(3) From ``Operation and Maintenance, Marine Corps'',
$1,870,000.
[(4) From ``Operation and Maintenance, Air Force'',
$158,301,000.
[Sec. 8079. The total amount appropriated or otherwise made
available in this Act is hereby reduced by $167,000,000 to
limit excessive growth in the procurement of advisory and
assistance services, to be distributed as follows:
[``Operation and Maintenance, Army'', $24,000,000.
[``Operation and Maintenance, Navy'', $19,000,000.
[``Operation and Maintenance, Air Force'', $74,000,000.
[``Operation and Maintenance, Defense-Wide'', $50,000,000.
[(including transfer of funds)
[Sec. 8080. Of the amounts appropriated in this Act under
the heading ``Research, Development, Test and Evaluation,
Defense-Wide'', $77,616,000 shall be made available for the
Arrow missile defense program: Provided, That of this amount,
$15,000,000 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: 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. 8081. Of the amounts appropriated in this Act under
the heading ``Shipbuilding and Conversion, Navy'',
$394,523,000 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, 1998/2007'':
[NSSN, $28,000,000.
[Under the heading, ``Shipbuilding and Conversion, Navy,
1999/2009'':
[LPD-17 Amphibious Transport Dock Ship, $25,000,000; and
[NSSN, $72,000,000.
[Under the heading, ``Shipbuilding and Conversion, Navy,
2000/2009'':
[LPD-17 Amphibious Transport Dock Ship, $41,800,000.
[Under the heading, ``Shipbuilding and Conversion, Navy,
2001/2007'':
[Carrier Replacement Program, $145,023,000; and
[NSSN, $82,700,000.
[Sec. 8082. The Secretary of the Navy may settle, or
compromise, and pay any and all admiralty claims under 10
U.S.C. 7622 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. 8083. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may exercise the
provisions of 38 U.S.C. 7403(g) for occupations listed in 38
U.S.C. 7403(a)(2) as well as the following:
[Pharmacists, Audiologists, and Dental Hygienists.
[(A) The requirements of 38 U.S.C. 7403(g)(1)(A) shall
apply.
[(B) The limitations of 38 U.S.C. 7403(g)(1)(B) shall not
apply.
[Sec. 8084. 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. 8085. 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. 8086. The amounts appropriated in title II of this
Act are hereby reduced by
[[Page S10667]]
$250,000,000 to reflect cash balance and rate stabilization
adjustments in Department of Defense Working Capital Funds,
as follows:
[(1) From ``Operation and Maintenance, Army'',
$107,000,000.
[(2) From ``Operation and Maintenance, Air Force'',
$143,000,000.
[Sec. 8087. (a) In addition to the amounts provided
elsewhere in this Act, the amount of $6,000,000 is hereby
appropriated to the Department of Defense for ``Operation and
Maintenance, Army National Guard''. Such amount shall be made
available to the Secretary of the Army only to make a grant
in the amount of $6,000,000 to the entity specified in
subsection (b) to facilitate access by veterans to
opportunities for skilled employment in the construction
industry.
[(b) The entity referred to in subsection (a) is the Center
for Military Recruitment, Assessment and Veterans Employment,
a nonprofit labor-management co-operation committee provided
for by section 302(c)(9) of the Labor-Management Relations
Act, 1947 (29 U.S.C. 186(c)(9)), for the purposes set forth
in section 6(b) of the Labor Management Cooperation Act of
1978 (29 U.S.C. 175a note).
[Sec. 8088. 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. 8089. In addition to the amounts appropriated or
otherwise made available elsewhere in this Act, $14,400,000
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: $4,500,000 to the Intrepid Sea-Air-
Space Foundation; $1,000,000 to the Pentagon Memorial Fund,
Inc.; $4,400,000 to the Center for Applied Science and
Technologies at Jordan Valley Innovation Center; $1,000,000
to the Vietnam Veterans Memorial Fund for the Teach Vietnam
initiative; $500,000 for the Westchester County World Trade
Center Memorial; $1,000,000 for the Women in Military Service
for America Memorial Foundation; and $2,000,000 to the
Presidio Trust.
[Sec. 8090. None of the funds appropriated in this Act
under the heading ``Overseas Contingency Operations Transfer
Account'' may be transferred or obligated for Department of
Defense expenses not directly related to the conduct of
overseas contingencies: Provided, That the Secretary of
Defense shall submit a report no later than 30 days after the
end of each fiscal quarter to the Committees on
Appropriations of the Senate and House of Representatives
that details any transfer of funds from the ``Overseas
Contingency Operations Transfer Account'': Provided further,
That the report shall explain any transfer for the
maintenance of real property, pay of civilian personnel, base
operations support, and weapon, vehicle or equipment
maintenance.
[Sec. 8091. For purposes of section 1553(b) of title 31,
United States Code, any subdivision of appropriations made in
this Act under the heading ``Shipbuilding and Conversion,
Navy'' shall be considered to be for the same purpose as any
subdivision under the heading ``Shipbuilding and Conversion,
Navy'' appropriations in any prior fiscal year, and the 1
percent limitation shall apply to the total amount of the
appropriation.
[Sec. 8092. 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. 8093. 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. 8094. 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. 8095. 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. 8096. 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. 8097. (a) From within amounts made available in title
II of this Act under the heading ``Operation and Maintenance,
Army'' $4,500,000 is only for an additional amount for the
project for which funds were appropriated in section 8103 of
Public Law 106-79, for the same purposes, which shall remain
available until expended: Provided, That no funds in this or
any other Act, nor non-appropriated funds, may be used to
operate recreational facilities (such as the officers club,
golf course, or bowling alleys) at Ft. Irwin, California, if
such facilities provide services to Army officers of the
grade O-7 or higher, until such time as the project in the
previous proviso has been fully completed.
[(b) From within amounts made available in title II of this
Act under the heading ``Operation and Maintenance, Marine
Corps'', the Secretary of the Navy shall make a grant in the
amount of $2,000,000, notwithstanding any other provision of
law, to the City of Twentynine Palms, California, for the
widening of off-base Adobe Road, which is used by members of
the Marine Corps stationed at the Marine Corps Air Ground
Task Force Training Center, Twentynine Palms, California, and
their dependents, and for construction of pedestrian and bike
lanes for the road, to provide for the safety of the Marines
stationed at the installation.
[Sec. 8098. (a) At the time members of reserve components
of the Armed Forces are called or ordered to active duty
under section 12302(a) of title 10, United States Code, each
member shall be notified in writing of the expected period
during which the member will be mobilized.
[(b) The Secretary of Defense may waive the requirements of
subsection (a) in any case in which the Secretary determines
that it is necessary to do so to respond to a national
security emergency or to meet dire operational requirements
of the Armed Forces.
[(including transfer of funds)
[Sec. 8099. The Secretary of the Navy may transfer funds
from any available Department of the Navy appropriation to
any available Navy ship construction appropriation for the
purpose of liquidating necessary changes resulting from
inflation, market fluctuations, or rate adjustments for any
ship construction program appropriated in law: Provided, That
the Secretary may transfer not to exceed $100,000,000 under
the authority provided by this section: Provided further,
That the funding transferred shall be available for the same
time period as the appropriation to which transferred:
Provided further, That the Secretary may not transfer any
funds until 30 days after the proposed transfer has been
reported to the Committee on Appropriations of the Senate and
the House of Representatives, unless sooner notified by the
Committees that there is no objection to the proposed
transfer: Provided further, That the transfer authority
provided by this section is in addition to any other transfer
authority contained elsewhere in this Act.
[Sec. 8100. (a) The total amount appropriated or otherwise
made available in title II of this Act is hereby reduced by
$147,000,000 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. 8101. Of the funds appropriated or otherwise made
available in this Act, a reduction of $176,500,000 is hereby
taken from title III, Procurement, from the following
accounts in the specified amounts:
[``Missile Procurement, Army'', $9,000,000.
[``Other Procurement, Army'', $112,500,000.
[``Procurement, Marine Corps'', $55,000,000:
Provided, That within 30 days of enactment of this Act, the
Secretary of the Army and
[[Page S10668]]
the Secretary of the Navy 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 these
accounts.
[(including transfer of funds)
[Sec. 8102. (a) Three-Year Extension.--During the current
fiscal year and each of fiscal years 2007 and 2008, the
Secretary of Defense may transfer not more than $20,000,000
of unobligated balances remaining in the expiring RDT&E,
Army, appropriation account to a current Research,
Development, Test and Evaluation, Army, appropriation account
to be used only for the continuation of the Army Venture
Capital Fund demonstration.
[(b) Expiring RDT&E, Army, Account.--For purposes of this
section, for any fiscal year, the expiring RDT&E, Army,
account is the Research, Development, Test and Evaluation,
Army, appropriation account that is then in its last fiscal
year of availability for obligation before the account closes
under section 1552 of title 31, United States Code.
[(c) Army Venture Capital Fund Demonstration.--For purposes
of this section, the Army Venture Capital Fund demonstration
is the program for which funds were initially provided in
section 8150 of the Department of Defense Appropriations Act,
2002 (division A of Public Law 107-117; 115 Stat. 2281), as
extended and revised in section 8105 of Department of Defense
Appropriations Act, 2003 (Public Law 107-248; 116 Stat.
1562).
[(d) Administrative Provisions.--The provisos in section
8105 of the Department of Defense Appropriations Act, 2003
(Public Law 107-248; 116 Stat. 1562), shall apply with
respect to amounts transferred under this section in the same
manner as to amounts transferred under that section.
[TITLE IX
[ADDITIONAL APPROPRIATIONS
[MILITARY PERSONNEL
[Military Personnel, Army
[For an additional amount for ``Military Personnel, Army'',
$5,877,400,000: Provided, That the amount provided under this
heading is 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.
[Military Personnel, Navy
[For an additional amount for ``Military Personnel, Navy'',
$282,000,000: Provided, That the amount provided under this
heading is 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.
[Military Personnel, Marine Corps
[For an additional amount for ``Military Personnel, Marine
Corps'', $667,800,000: Provided, That the amount provided
under this heading is 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.
[Military Personnel, Air Force
[For an additional amount for ``Military Personnel, Air
Force'', $982,800,000: Provided, That the amount provided
under this heading is 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.
[Reserve Personnel, Army
[For an additional amount for ``Reserve Personnel, Army'',
$138,755,000: Provided, That the amount provided under this
heading is 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.
[National Guard Personnel, Army
[For an additional amount for ``National Guard Personnel,
Army'', $67,000,000: Provided, That the amount provided under
this heading is 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.
[OPERATION AND MAINTENANCE
[Operation and Maintenance, Army
[For an additional amount for ``Operation and Maintenance,
Army'', $20,398,450,000: Provided, That the amount provided
under this heading is 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.
[Operation and Maintenance, Navy
[For an additional amount for ``Operation and Maintenance,
Navy'', $1,907,800,000: Provided, That the amount provided
under this heading is 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.
[Operation and Maintenance, Marine Corps
[For an additional amount for ``Operation and Maintenance,
Marine Corps'', $1,827,150,000: Provided, That the amount
provided under this heading is 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.
[Operation and Maintenance, Air Force
[For an additional amount for ``Operation and Maintenance,
Air Force'', $3,559,900,000: Provided, That the amount
provided under this heading is 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.
[Operation and Maintenance, Defense-Wide
[For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $826,000,000: Provided, That the amount
provided under this heading is 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.
[Iraq Freedom Fund
[(INCLUDING TRANSFER OF FUNDS)
[For an additional amount for ``Iraq Freedom Fund'',
$3,500,000,000, to remain available for transfer until
September 30, 2007, 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; and
working capital funds: Provided further, That of the amounts
provided under this heading, not less than $2,500,000,000
shall be for classified programs, which shall be in addition
to amounts provided for elsewhere in this Act: 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: Provided further, That the amount
provided under this heading is 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.
[Operation and Maintenance, Army Reserve
[For an additional amount for ``Operation and Maintenance,
Army Reserve'', $35,700,000: Provided, That the amount
provided under this heading is 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.
[Operation and Maintenance, Marine Corps Reserve
[For an additional amount for ``Operation and Maintenance,
Marine Corps Reserve'', $23,950,000: Provided, That the
amount provided under this heading is 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.
[Operation and Maintenance, Army National Guard
[For an additional amount for ``Operation and Maintenance,
Army National Guard'', $159,500,000: Provided, That the
amount provided under this heading is 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.
[PROCUREMENT
[Procurement of Weapons and Tracked Combat Vehicles, Army
[For an additional amount for ``Procurement of Weapons and
Tracked Combat Vehicles, Army'', $455,427,000, to remain
available until September 30, 2008: Provided, That the amount
provided under this heading is 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.
[Procurement of Ammunition, Army
[For an additional amount for ``Procurement of Ammunition,
Army'', $13,900,000, to
[[Page S10669]]
remain available until September 30, 2008: Provided, That the
amount provided under this heading is 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.
[Other Procurement, Army
[For an additional amount for ``Other Procurement, Army'',
$1,501,270,000, to remain available until September 30, 2008:
Provided, That of the amount provided in this paragraph, not
less than $200,370,000 shall be available only for the Army
Reserve: Provided further, That the amount provided under
this heading is 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.
[Weapons Procurement, Navy
[For an additional amount for ``Weapons Procurement,
Navy'', $81,696,000, to remain available until September 30,
2008: Provided, That the amount provided under this heading
is 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.
[Procurement of Ammunition, Navy and Marine Corps
[For an additional amount for ``Procurement of Ammunition,
Navy and Marine Corps'', $144,721,000, to remain available
until September 30, 2008: Provided, That the amount provided
under this heading is 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.
[Other Procurement, Navy
[For an additional amount for ``Other Procurement, Navy'',
$48,800,000, to remain available until September 30, 2008:
Provided, That the amount provided under this heading is
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.
[Procurement, Marine Corps
[For an additional amount for ``Procurement, Marine
Corps'', $389,900,000, to remain available until September
30, 2008: Provided, That the amount provided under this
heading is 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.
[Aircraft Procurement, Air Force
[For an additional amount for ``Aircraft Procurement, Air
Force'', $115,300,000, to remain available until September
30, 2008: Provided, That the amount provided under this
heading is 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.
[Other Procurement, Air Force
[For an additional amount for ``Other Procurement, Air
Force'', $2,400,000, to remain available until September 30,
2008: Provided, That the amount provided under this heading
is 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.
[Procurement, Defense-Wide
[For an additional amount for ``Procurement, Defense-
Wide'', $103,900,000, to remain available until September 30,
2008: Provided, That the amount provided under this heading
is 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.
[RESEARCH, DEVELOPMENT, TEST AND EVALUATION
[Research, Development, Test and Evaluation, Navy
[For an additional amount for ``Research, Development, Test
and Evaluation, Navy'', $13,100,000, to remain available
until September 30, 2007: Provided, That the amount provided
under this heading is 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.
[Research, Development, Test and Evaluation, Defense-Wide
[For an additional amount for ``Research, Development, Test
and Evaluation, Defense-Wide'', $75,000,000, to remain
available until September 30, 2007: Provided, That the amount
provided under this heading is 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.
[REVOLVING AND MANAGEMENT FUNDS
[Defense Working Capital Funds
[For an additional amount for ``Defense Working Capital
Funds'', $2,055,000,000: Provided, That the amount provided
under this heading is 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.
[TITLE IX
[GENERAL PROVISIONS
[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: Provided further, That
the amounts transferred under the authority of this section
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.
[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) during fiscal year 2006 until the enactment of the
Intelligence Authorization Act for fiscal year 2006.
[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 or 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,
funds made available in this title to the Department of
Defense for operation and maintenance 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 military or security forces of Iraq and Afghanistan to
enhance their capability to combat terrorism and to support
United States 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) Fiscal Year 2006 Authority.--During the
current fiscal year, from funds made available to the
Department of Defense for operation and maintenance pursuant
to title IX, not to exceed $500,000,000 may be used by the
Secretary of Defense to provide funds--
[(1) for the Commanders' Emergency Response Program
established by the Administrator of the Coalition Provisional
Authority for the purpose of enabling United States 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
[(2) for 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, 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 stated in subsection (a).
[(c) Limitation on Use of Funds.--Funds authorized for the
Commanders' Emergency Response Program by this section may
not be used to provide goods, services, or funds to national
armies, national guard forces, border security forces, civil
defense forces, infrastructure protection forces, highway
patrol units, police, special police, or intelligence or
other security forces.
[(d) Secretary of Defense Guidance.--Not later than 90 days
after the date of the enactment of this Act, the Secretary of
Defense shall issue to the commander of the United States
Central Command detailed guidance concerning the types of
activities
[[Page S10670]]
for which United States military commanders in Iraq may use
funds under the Commanders' Emergency Response Program to
respond to urgent relief and reconstruction requirements and
the terms under which such funds may be expended. The
Secretary shall simultaneously provide a copy of that
guidance to the congressional defense committees.
[Sec. 9008. 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. 9009. 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. 9010. The reporting requirements of section 9010 of
Public Law 108-287 regarding the military operations of the
Armed Forces and the reconstruction activities of the
Department of Defense in Iraq and Afghanistan shall apply to
the funds appropriated in this Act.
[Sec. 9011. 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.
[Sec. 9012. Sense of Congress and Report Concerning
Religious Freedom and Tolerance at United States Air Force
Academy. (a) Sense of Congress.--It is the sense of Congress
that--
[(1) the expression of personal religious faith is welcome
in the United States military;
[(2) the military must be a place where there is freedom
for religious expression for all faiths; and
[(3) the Secretary of the Air Force and the Department of
Defense Inspector General have undertaken several reviews of
the issues of religious tolerance at the Air Force Academy.
[(b) Report.--
[(1) Recommendations.--The Secretary of the Air Force,
based upon the reviews referred in subsection (a)(3), shall
develop recommendations to maintain a positive climate of
religious freedom and tolerance at the United States Air
Force Academy.
[(2) Secretary of air force report.--Not later than 90 days
after the date of the enactment of this Act, the Secretary
shall submit to the congressional defense committees a report
providing the recommendations developed pursuant to paragraph
(1).
[Sec. 9013. None of the funds made available in this Act
may be used in contravention of the following laws enacted or
regulations promulgated to implement the United Nations
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (done at New York on
December 10, 1984):
[(1) Section 2340A of title 18, United States Code.
[(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277;
112 Stat. 2681-822; 8 U.S.C. 1231 note) and any regulations
prescribed thereto, including regulations under part 208 of
title 8, Code of Federal Regulations, and part 95 of title
22, Code of Federal Regulations.
[This Act may be cited as the ``Department of Defense
Appropriations Act, 2006''.]
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.
[[Page S10671]]
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,
[[Page S10672]]
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
[[Page S10673]]
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
[[Page S10674]]
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
[[Page S10675]]
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
[[Page S10676]]
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)
[[Page S10677]]
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.
[[Page S10678]]
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
[[Page S10679]]
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 Houseand 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
[[Page S10680]]
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.
[[Page S10681]]
(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;
[[Page S10682]]
(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.
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.
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.
[[Page S10683]]
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''.
The committee amendment in the nature of a substitute was agreed to.
Mr. STEVENS. Along with the Senator from Hawaii, I am pleased to
present the Defense appropriations bill for 2006. This bill reflects
the bipartisan approach that my cochairman, Senator Inouye, and I have
always maintained regarding the Department of Defense. It is, once
again, a pleasure
[[Page S10684]]
to work with him on this bill and with other members of our
subcommittee and the full Appropriations Committee through this
process.
This bill was reported out of the full Appropriations Committee
yesterday by a unanimous vote of 28 to 0. We have worked hard to make
certain the bill reaches out and is understood, is appreciated, and
supported by every member of our Appropriations Committee.
As we will be debating this bill, there are hundreds of thousands of
men and women in uniform forward deployed and serving our country in
over 120 countries and also throughout the United States. Their bravery
and dedication to our country are extraordinary, and their sacrifices
do not go unnoticed.
Each year, the Department of Defense faces critical challenges. The
Department must ensure that we can maintain high levels of readiness
and we are able to respond to the call of duty wherever and whenever it
is necessary. And it must ensure we are simultaneously invested in the
resources which will enable us to meet the threats of tomorrow.
This bill, which Senator Inouye and I will present I hope today,
reflects a prudent balance among those challenges. It recommends $440.2
billion in budget authority for the Department of Defense. This funding
includes $50 billion for contingency operations related to the global
war on terrorism pursuant to section 402 of the concurrent budget
resolution on the budget for 2006.
While this bill is a $7 billion reduction from that provided in the
President's budget request for 2006, it still meets the Defense
Subcommittee's allocation for both budget authority and outlays, and it
is consistent with the objectives of this administration and the
recommendations contained in the Senate national defense authorization
bill for 2006 as it was reported.
We have sought to recommend a balanced bill to the Senate. We believe
this bill addresses key requirements for readiness, quality of life,
and transformation of the force. This bill will honor our commitment to
our Armed Forces. It helps ensure they will continue to have first-rate
training, modernized equipment, and quality infrastructure. It also
provides the funds needed to continue the global war on terrorism.
Mr. President, yesterday Senator Inouye and I met with GEN John
Abizaid, Commander of the U.S. Central Command, and GEN George Casey,
the Commander of the multinational force in Iraq, to discuss the global
war on terrorism and the current situation in Iraq.
The central command, with its responsibility for the Middle East, the
Horn of Africa, parts of south Asia, and central Asia, has the lead in
fighting this war on terrorism. It is a war that some envision may last
for several generations. I am not talking about the war in Iraq. I am
talking about the overall war on terrorism. And I repeat, we are
informed that is a war that many envision will last for generations.
The terrorists we face view this war as a worldwide crusade for their
ideology, a war that they are willing to win at all costs, at least try
to win at all costs. In fact, they see that inflicting suffering on
innocent civilians furthers their cause. In my view, the United States
has to lead the world in fighting this terrorist movement. We must
remain resilient. We must set the example. We must stay the course.
Our meeting with Generals Abizaid and Casey was both insightful and
disturbing, but I am convinced our country has entrusted this global
war on terrorism to two very capable leaders. They understand the
challenges we face and are committed to successfully prosecuting this
war on terrorism.
We also talked about the strategy in Iraq and agreed that building
local Iraq military capacity is a central tenet to our success there.
General Abizaid and General Casey informed us that Iraqi security
forces are already in charge of large parts of Iraq. Fourteen of the
country's 18 provinces are now in charge of their own force.
Last year, before the Iraqi elections, we deployed an additional
12,000 troops to maintain stability throughout the countryside. This
year, our senior commanders have only requested 2,000 troops for that
same purpose. Let me repeat that. When they had an election last year,
it was believed that 12,000 troops, our troops, in addition to the
forces there, were needed to help maintain stability throughout the
countryside. This year, senior commanders have only requested 2,000
troops for that. Although this is a small metric, it is tangible proof
of forward progress and tangible proof that the Iraqis can, will, and
are taking over substantial responsibility to meet the problems in
their own country.
Currently, our military leaders have assigned 8 to 10 military
personnel to each and every Iraqi unit as advisers. They are helping
Iraqi units leverage their strength and shore up their weaknesses.
There are those who say we should accelerate this process, training
more Iraqi forces faster so we can bring U.S. troops home sooner. this
sounds like a straightforward solution, but the situation is not so
simple or clear-cut.
Earlier this month, along with Senators Warner and Kerry, I traveled
to Iraq, and I repeatedly asked two questions: Can we speed up the
training and equipping of Iraqi forces? And even more fundamentally, I
asked of those there, both Iraqis and Americans, what do they think
about our mission in Iraq.
On the first question, the unanimous feedback from U.S. civilian and
military officials was that we cannot be rushed in the process of
training Iraqis. It must be done in a careful and measured way.
The U.S. Government is not only helping to build Iraqi forces, we are
building capacity both within the Iraqi ministries and the security
forces within the Government itself. The Iraqi Government must assume
responsibility for these forces, which means after the United States
equips and trains these people, the Iraqis must pay their way and
sustain them. This may lead to a drawdown of U.S. forces at an
appropriate time in the future, but a premature withdrawal of U.S.
forces would be disastrous for the Iraqi people and for the world. We
must continue to demonstrate our commitment that we will stay in Iraq
until our mission is complete and remain engaged in a mission so that
we are certain that the Iraqis will complete that and be able to
sustain their new Government.
The second question I asked was: What do you think of our mission in
Iraq? The response I received was unanimous. U.S. civilians, our men
and women in uniform, told me they believe we are doing what is
important, that we should stay the course and get the job done, do our
job.
I was impressed with the fact that so many young military people,
when I asked them how long they had been there, told me they had been
there two and three times, and they had asked to come back so they were
sure they had a part in finishing the job we undertook in Iraq.
Senator Inouye and I are part of a different generation. We are what
is left of the World War II generation in the Senate. Our generation
had no doubt about our duty. I believe the young men and women of
today's Armed Forces share our commitment to preserve and protect
freedom. Our visit with them was inspiring, and many times it left
tears in my eyes. These young men and women make me proud to be an
American. Every one of them volunteered to enter the armed services.
There are no draftees in Iraq. I promised them that I am going to be
back again to make certain they have the materials and the support they
need.
On this same trip, we traveled throughout the region to Kuwait,
Turkey, and other countries where we visited with senior NATO
officials. They, too, talked about the broad problem of the world, the
threat of international terrorism. These military leaders from other
countries, as well as ours, and NATO highlighted the need for the
United States to take the lead on the global war on terrorism and to
continue to assist our friends and allies in Iraq, Afghanistan, Africa,
and Europe, to make sure this crusade does not take root, that it does
not gather steam.
The bill we will place before the Senate will enable us to maintain
our commitment and our support of these troops. I am proud again to
thank my cochairman, my friend for so many years, for his support and
invaluable counsel on this bill. I thank Sid
[[Page S10685]]
Ashworth, who has worked with me, and Charlie Houy, who has worked with
Senator Inouye, and recognize them for their tremendous efforts on this
bill. We have all worked together for a long time now, and I believe
this is as good a bill as we have ever brought before the Senate,
represented by the vote I mentioned. Every member of the full
Appropriations Committee voted that we should be allowed to bring this
bill to the floor.
I hope that sometime today that will be possible. I hope my friend
understands the circumstances under which we are making statements.
I yield the floor.
The PRESIDING OFFICER (Mr. Martinez). The Senator from Hawaii.
Mr. INOUYE. Mr. President, I rise today to offer my strong
endorsement of H.R. 2863, the fiscal year 2006 Defense appropriations
bill. As the chairman noted, this bill was unanimously approved by the
Appropriations Committee. It is a bipartisan bill which was crafted by
Chairman Stevens with the full involvement of the minority.
In compliance with the committee allocations, this bill is $7 billion
lower than the amount requested by the administration. As such, the
committee had to make several difficult decisions to meet the reduced
level. Even under these conditions, I can assure my colleagues that
this is a very good bill which will meet our national security needs
for the coming year.
The top priority of this measure is to ensure that we provide for the
well-being of our men and women in uniform and their families. The bill
includes a 3.1-percent pay raise, and it provides $19.3 billion to run
our military hospitals and pay for the other day-to-day health care
costs for our forces.
Not counting the costs of operations in Afghanistan and Iraq, this
measure includes nearly $125 billion to safeguard military readiness
and pay for other routine operations of the Department of Defense.
As most of my colleagues are surely aware, recruiting has become a
greater challenge in recent years. So I am pleased to note that this
bill includes $622 million above the budgeted amount to improve
recruiting tools so that we can maintain the highest quality in our
military. Furthermore, a total of $146 billion is recommended in this
bill for investing in much needed equipment for our forces today and
our forces of the future.
We all know that the war in Iraq is controversial, on which many of
our colleagues have very strong opinions. But I believe what we all
agree upon is the need to support our troops who are now serving in
harm's way. To that end, the bill provides an additional $50 billion
for pay, operations, and equipment to support our fighting forces
overseas. These funds are essential to support these brave men and
women.
Today is September 29. The fiscal year ends tomorrow. It is
imperative that we move this bill as quickly as possible. After Senate
passage, the committee will still need to take this bill into
conference. Because of that, I would urge my colleagues not to offer
amendments to this bill which might be better suited for other
legislation except to meet truly emergency requirements. I believe
there will be plenty of time in the coming months to consider issues
which are not relevant to this defense spending measure.
This is a good bill. I strongly support it and urge all of my
colleagues to do so as well.
Mr. STEVENS. Mr. President, I say to my colleagues that the
classified annex that accompanies the 2006 Defense appropriations bill
is available in S407 for all Members and those staffs who have
appropriate clearance. There has been a request that we distribute this
to Members' offices. That is prohibited. We must keep these documents
in a classified area, and only those who are cleared may have access to
them. This annex is available in S407. We will make arrangements for
that room to stay open whatever time the Senators and their cleared
staff wish to have access to it, but it is not possible for us to
distribute.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. STEVENS. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
The PRESIDING OFFICER. The Senator from Iowa.
Amendment No. 1886
(Purpose: To make available emergency funds for pandemic flu
preparedness)
Mr. HARKIN. Mr. President, I have an amendment I send to the desk.
The PRESIDING OFFICER. The clerk will report the amendment.
The legislative clerk read as follows:
The Senator from Iowa [Mr. Harkin], for himself, Mr. Obama,
Mr. Reid, Mr. Kennedy, Mr. Durbin, Mr. Bayh, Mr. Dodd, Mr.
Schumer, and Mr. Reed, proposes an amendment numbered 1886:
On page , at the appropriate place at the end of Title 9,
insert the following:
TITLE .
SEC. 101.
(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 title shall take effect on the date of enactment
of this Act.
Order Of Procedure
Mr. STEVENS. Mr. President, I ask unanimous consent that there be a
period of routine morning business between the hours of 2:30 p.m. and 4
p.m. today. Senators have been invited to the White House to attend the
swearing in of Judge Roberts. Buses will be provided for
transportation. We will not conduct business during the period of that
important event.
The PRESIDING OFFICER. Is there objection?
The Democratic leader.
Mr. REID. Mr. President, would the distinguished President pro
tempore of the Senate allow us to be in a period of morning business
during that period of time? There are some people who want to come and
talk.
Mr. STEVENS. I am asking for morning business during that period.
There would be morning business with no votes from 2:30 to 4 o'clock.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The Senator from Iowa.
Mr. HARKIN. Mr. President, I wanted the amendment I sent to the desk
read because I want those who are not here, who are maybe in their
offices, and their staff to understand what it is. It is not that long
of an amendment. It basically tracks what I said earlier in my opening
statement.
I wish to respond a little bit to what was said on the floor just a
minute ago. First of all, I point out to the Senator from Alaska that
maybe this might be more appropriate on the Labor-HHS bill, the Labor-
Health and Human Services appropriations bill.
I remind people, tomorrow is the end of the fiscal year. They have
not brought the Labor-Health and Human Services appropriations bill to
the floor. We do not know if they are ever going to bring it to the
floor. So we do not have an opportunity to offer it there. The Defense
authorization bill was up, and they took that off the floor. So I have
not had an opportunity to offer it there.
Now we have Defense appropriations. Quite frankly, this is about
defense. It is about defending our people--not against a terrorist but
against terrorism, the terrorism of an avian flu pandemic. That is what
this is about.
Now, I heard the Senator talk about BioShield. Well, I think maybe we
ought to understand that BioShield money cannot be used for this
because BioShield money can only be used for
[[Page S10686]]
drugs for which there is no commercial market. Obviously there is a
great commercial market for Tamiflu.
So they can have all kinds of study groups and stuff going on down at
the White House, but they have been privy to this information for a
long time down at the White House, I say to my colleagues, more privy
to this information than we have been. So if people are saying, ``Well,
why are you offering this now?'' I am offering it now because it is the
midnight hour. We have to do something about this. We have to put the
money up there. We have to get moving on it now--not next year, not
after some study group in the White House has banged this thing around
for another 3 months.
Who is in charge of this study group? I do not know. We had a
briefing yesterday by Secretary Leavitt, Dr. Fauci, Dr. Gerberding,
others. I thought it very unusual we would have a top-secret meeting, a
briefing. Be that as it may, that is what they wanted to do. It became
clear to me we have to do something. We can't dawdle any longer.
The Senator said there is a task force at the White House working
under BioShield. That is not what this is about. BioShield, fine, that
has its own process. There is a reason for BioShield, for developing
drugs that have no commercial market. That is not what this is about.
This is about money for surveillance, quarantine. It is about money for
building up local public health facilities, buying antivirals to cover
half of our people. There is a market for that. We just don't have
them; that is all. It is about putting money into vaccine production.
We only have one flu vaccine manufacturing plant in America. I am
told the reason for that is because there is not much profit in
vaccines, not like Viagra or Cyalis, drugs such as that. I can't fault
the drug companies. There is no money to be made from this. They are in
the business of answering to their shareholders. This is a proper place
for Government interference, interjection.
Some of the things I heard from Alaska didn't comport with what we
are trying to do. H5N1, the virus that struck in Southeast Asia, was
isolated. We brought it back to NIH. They have been developing a
vaccine based on H5N1. Preliminary reports are promising, but we are
not there yet. The problem is, if we run off on a tangent, all we do is
make the vaccine for H5N1, we might be invaded by H5N2 or 3, or 4 or 5,
some other mutation, and that vaccine may not be adaptable for that.
That is why we need to build up the vaccination manufacturing
capability in this country.
Yes, we need to be preparing the vaccine for H5N1, but we have to
build up capacity for rapidly developing other vaccines in case it is a
mutation and is not that virus. Keep in mind, this is not some scenario
of maybe. When you talk to the people at the Centers for Disease
Control and Prevention or NIH, they say it is not a matter of if, it is
when. We have to be prepared.
We had warnings before. We had warnings about Katrina. We knew things
weren't adequate in New Orleans and the gulf coast. We had a lot of
warnings before 9/11 about terrorists blowing up the World Trade
Center, using airplanes as weapons. We had all those warnings. We
ignored them. We cannot afford to ignore this.
The chairman raised all kinds of arguments as to why this should not
be on the Defense appropriations bill. Well, we don't have any other
bill. It is before us. This is a money matter. It has to do with using
Government money to get us ready. Quite frankly, I can think of a
better place than the appropriations bill.
The Senator from Alaska also said this has never happened where we
have done something that didn't pertain to our troops and defense on an
appropriations bill. I am sorry. About 14 years ago, I offered an
amendment to increase funding for breast cancer research to the Defense
appropriations bill, and it was adopted. Quite frankly, I must say, the
DOD has done a great job in utilizing those funds ever since, and the
money we put in after that. They have done some of the best grant
programs on breast cancer research. That didn't have anything to do
with troops in the field, but it was added to the Defense bill. That is
not the only example. There are others. I mentioned that one because I
happened to be involved. To say we have never done this before on a
Defense appropriations bill is not factual.
I am hopeful we can get to a vote on this amendment and have a strong
bipartisan vote on this bill to get us ready and to reassure our people
that we are going to defend them to the maximum extent possible from an
outbreak of avian flu.
I yield the floor.
The PRESIDING OFFICER (Mr. Thune). The Senator from North Carolina.
Mr. BURR. Mr. President, I rise to commend my colleague from Iowa. My
colleague recognizes the need for this country to prepare for a
possible influenza pandemic. I am not here to be a historian, to
determine what has happened in the past on Defense appropriations
bills. I will share that disease surveillance is not something new. It
occurs day in and day out. The Centers for Disease Control is an active
participant in the surveillance efforts for a potential global outbreak
of avian flu. Post-9/11, this country became not only concerned but
began actively preparing for consequences of chemical, biological, and
radiological threats that could be used by terrorists.
We should pause and remind ourselves these potential acts can be
deliberate, accidental, or natural. Clearly, the threat of avian flu is
a natural occurrence. The Centers for Disease Control, the World Health
Organization, all participate in preventing the spread of avian flu and
work to make us better understand when that threat may affect us here
at home.
The Senator from Iowa targets a number of things that are very
appropriate and important: stockpiles, global surveillance, a national
investment in domestic vaccine infrastructure, additional grant moneys
for local public health agencies. But clearly, the chairman of the
Appropriations Committee is right; the majority of these need to be
considered in and appropriated from the committees that have
jurisdiction over the relevant agencies--the National Institutes of
Health, the Centers for Disease Control.
We are all alarmed about any of these threats, whether it is
deliberate, accidental, or natural. This year the Subcommittee on
Bioterrorism and Public Preparedness has held six hearings and/or
roundtables on this subject. We have examined the infrastructure we
currently have to research, develop, and approve countermeasures
against all of these threats. These countermeasures can be antivirals,
as the Senator spoke of, for avian flu. They could be vaccines, as we
have already purchased with BioShield, for anthrax for example. We are
committed to ensure that we have the right kinds of countermeasures to
protect the American public.
But we have a fiduciary responsibility to the American people, too.
That is to make sure that we do not invest billions and billions and
billions of dollars into a stockpile that, in fact, has a life
expectancy shorter than the threat.
I have come to plead with my colleagues, let's approach this in a
comprehensive way. Let's, in fact, put together a plan that addresses
not only avian flu but all of those chemical, biological, radiological
threats that exist today. I remind you of the threat from anthrax and
smallpox we have debated in this building before this date. I remind my
colleagues that we have currently invested some $800 million for
anthrax vaccines for the national stockpile. We have this week received
a briefing from the Secretary of Health and Human Services, as Senator
Harkin said, and the Director of the CDC and the head of National
Institute for Allergies and Infectious Diseases during which they
talked about their initial approach to the threat of avian flu. I
stress the word ``initial'' because it is yet to have the input of this
body, of the committees, and the subcommittees that have held hearings,
that have met with representatives from industry, that understand the
deficiencies in our infrastructure to confront this and other similar
threats.
Vaccine shortages are not just an infrastructure deficiency for avian
flu. There is a deficiency across the board for vaccines in this
country, in large part because of the policies we have adopted. I
suggest this is not an issue we can just throw money at. This is an
[[Page S10687]]
issue that needs a comprehensive plan and approach as to how we set up
a structure and mechanism so we are not on this floor in the future
talking about further deficiencies. In many cases, everything Senator
Harkin lists will be components of comprehensive legislation that we
plan to deal with how much and what we should stockpile. It will deal
with global surveillance and whether we can do it better than we do
today. It will deal with the vaccine infrastructure and our reliance on
having the manufacturing, research, and development capabilities on the
shores of the United States and not have us reliant on a company that
might have a facility outside of the United States.
Once again, I urge my colleagues, let's do it in a comprehensive way
so we are prepared to move forward in an expedited process that would
answer all these questions before we adjourn this calendar year.
Mr. HARKIN. Will the Senator yield?
Mr. BURR. I am happy to yield.
The PRESIDING OFFICER. The minority leader.
Mr. HARKIN. Mr. President, I was yielded to for a question.
The PRESIDING OFFICER. The Senator from North Carolina yielded for a
question to the Senator from Iowa.
Mr. BURR. Will the Senator from Iowa allow me to yield to the
minority leader?
Mr. HARKIN. Absolutely.
I thank the Senator. He is a very thoughtful individual and chairman
of the Bioterrorism Subcommittee on which I sit. He has given a
thoughtful response. I respect that. I think there is a certain logic
to what the Senator has said. I might use the phrase ``seductive
logic,'' because obviously there is a lot more out there than just
this.
I respond to my friend by using an analogy: Just as I thought, it was
wrong to put FEMA under Homeland Security because they are two
different things. Homeland Security has to do with terrorism, that kind
of threat; FEMA, natural disasters. I still think those should be
separate. I thought it was wrong before to put them together. This is
also the same kind of thing. The bioterrorism the chairman has been
doing a great job at, that is one thing. The surveillance that is
needed for terrorism and things such as that is different than the kind
of surveillance needed by the CDCP in terms of a flu outbreak. You are
talking about different people, different disciplines, a whole
different set of parameters other than fighting some kind of biological
terrorist threat.
So while there may be logic, at some point, for doing this in a
broader authorization bill--that is fine--I am saying to my friend, I
don't think we have time to wait for that. I don't know when the bill
would come up. Secondly, as I said to the chairman of this committee,
this probably ought to be on the Labor-Health and Human Services
appropriations bill. But that has not been brought up, and I don't know
if it is ever going to be brought up.
So my thinking is that because of the urgency of this--and the
Senator and I heard the briefing yesterday--I thought we ought to at
least do something to get this thing moving and moving now rather be
waiting to January or February or who knows when. So I submit to the
chairman that while he has logic in what he says in putting this
together, I think in this one case it has to be separated out right
now. That is all I am trying to say.
Mr. BURR. Mr. President, let me try to connect the logic with the
reality, that if the Senator permits me, I will sit down with him next
week. I believe I can show him at least the initial language that puts
this altogether in a comprehensive way and in fact addresses not only
the deliberate and accidental biological, chemical, and radiological
threats but also includes the natural threat that avian flu clearly
emanates from. I believe there is a new structure, not an existing
structure, within the framework that will work, and if the Senator will
work with me next week, I think his comfort level would be as great as
mine today that we can address this threat in a comprehensive way, and
that is a pledge that we will do it expeditiously, this year.
Mr. HARKIN. I say to my friend, if he will yield further, I
appreciate it. I would like to work with him on this, and I think our
staffs have been, but again I am not certain when we are going to get
to the appropriation on that. That is what I don't know. When will we
ever get to an appropriation on that? I say to my friend, I don't know.
As I said, there is a logic in what he is saying. I am saying because
of the problem of avian flu, because it could be so imminent, I don't
think we have any days to wait. That is all I am saying.
Mr. REID addressed the Chair.
The PRESIDING OFFICER. The Senator from North Carolina holds time.
Mr. BURR. I would be happy to yield time to the minority leader.
Mr. REID. The Senator doesn't need to recognize me. The Chair needs
to recognize me. Is he finished?
Mr. BURR. Does the Senator need time before 2:30?
Mr. REID. I don't know. Are we under controlled time?
The PRESIDING OFFICER. The Senate is not under controlled time.
Mr. REID. I would like to be recognized.
The PRESIDING OFFICER. Does the Senator from North Carolina yield the
floor?
Mr. BURR. If the minority leader will allow me a few more minutes, I
will conclude my comments as they relate to the amendment by the
Senator from Iowa.
Let me say, if I can, for the purposes of what the Senator raised
with me, there is a willingness on the part of Members on both sides of
the aisle that this body move expeditiously to address this threat. I
don't believe the timing is going to be a problem as we move through
this year. I think it is a question of whether we sufficiently
construct a mechanism to assure us that we have done the right thing;
that just to dump money into any system that might be deficient today
would be a mistake. I truly believe that with the support on both sides
of the aisle and both bodies of leadership, this is an issue we can
sufficiently resolve and we can do it in an expeditious way.
With that, I yield back my time.
The PRESIDING OFFICER. The minority leader.
Mr. REID. Mr. President, I thank you very much. I apologize to the
Senator from North Carolina for interrupting. I did not mean to do
that.
Mr. President, I approach this a little differently. There is always
tomorrow. But on this issue, there is no tomorrow; there is only today.
I have been worried about this issue for some time. Yesterday, my
concern became paramount. The people of the State of Nevada and this
country deserve our attention today, not tomorrow.
Dr. Julie Gerberding said:
. . . many influenza experts, including those at CDC,
consider the threat of a serious influenza pandemic to the
United States to be high. Although the timing and impact of
an influenza pandemic is unpredictable, the occurrence is
inevitable and potentially devastating.
I am concerned about smallpox. I am concerned about anthrax. I am
concerned about chemical terrorism, biological terrorism. But this
pandemic is coming. We have been told this time and time again. I think
it is incumbent upon this body to pass our amendment that is now before
the Senate. Republicans and Democrats need to pass this amendment
because the American people deserve it.
Four years after 9/11, the Government was supposed to be better
prepared for the next national disaster. Yet as we witnessed all too
clearly and painfully with Hurricane Katrina, our Government was not.
We owe it to the American people to do better in the future. Today, we
have that opportunity.
The human and economic toll of Hurricane Katrina has been dramatic,
but the devastation caused by Katrina would pale in comparison with a
potential global avian flu pandemic, which, the head of the Centers for
Disease Control says is inevitable.
One health expert has concluded that nearly 2 million Americans would
die in the first year alone from this. Now, a flu pandemic in the
United States would cost our economy hundreds of billions of dollars
due to death, lost productivity, and disruptions to commerce and
society.
Perhaps the only thing more troubling than contemplating the possible
consequences of avian flu is recognizing that neither this Nation nor
the world is prepared to deal with it. We have no plan. Today we have
no plan.
[[Page S10688]]
We know that one of our best opportunities to limit the scope and
consequences of any outbreak is to rapidly detect the emergence of a
new strain that is capable of sustained human-to-human transmission.
Yet we are not devoting enough resources to effective surveillance
abroad.
We all know that State and local health departments will be on the
front lines of a pandemic and health care providers must develop surge
capacity plans so they can respond to a pandemic.
This Congress is poised to approve a $130 million cut for State and
local preparedness funding for the Centers for Disease Control. That is
in the President's budget--a $130 million cut.
We also know once a flu strain has been identified, we need to
develop a vaccine. That takes time, some say as long as 8 months. Our
existing stock of vaccines, assuming they are effective against a
future, as yet unidentified, strain may protect less than 1 percent of
all Americans. And we have only one domestic flu vaccine manufacturer
located in the United States.
It is estimated that if our capacity to produce a vaccine is not
improved, it could take 15 months to vaccinate the first responders,
medical personnel and other high risk groups.
We know it will take months to develop, produce, and distribute a
vaccine once we have had it perfected. But we must rely on antiviral
medicines as a stopgap against this pandemic. Other nations that
certainly do not have the resources we have, including Great Britain,
France, Norway, Portugal, Switzerland, Finland, and New Zealand have
ordered enough of this Tamiflu, an antiviral pill, to cover up to 40
percent of their population. We have virtually nothing.
The consequences of a pandemic could be far reaching, impacting
virtually every sector of our society and our economy. Yet we have not
taken appropriate action to prepare the medical community, business
community, or the American public so they can take necessary steps to
prepare for and respond to an avian flu outbreak.
This great country of ours can do better. We have to. We cannot
afford to wait to do better. That is why I am so happy to join my
friends in sponsoring this amendment.
To put this amendment in perspective, this amendment calls for $3.9
billion in emergency funds for pandemic flu preparedness at the CDC. To
put this amount in perspective, the cost of our amendment is less than
what we spend in 1 month on the war in Iraq--far less than we spend in
1 month there. We are facing the real prospect of another war here at
home called the flu. This amendment would go a long way toward
committing the resources necessary to fighting and winning the war.
People say, well, where are we going to get the money? We have no
choice. The American people deserve it. We can't stay back saying we
will do it tomorrow. We need to do it today and I want everyone within
the sound of my voice to know this is not a partisan issue. We need
Republicans and Democrats to support this effort because this flu is
going to strike us all.
This is not meant to be alarmist. It is meant to let everyone know
the time is here to do something about this.
The PRESIDING OFFICER. The Senator from North Carolina.
Mr. BURR. Mr. President, we have several minutes remaining before we
move on. I take this opportunity to assure the minority leader that I
was in the same briefing. I think all Members were somewhat shocked at
some of the things we heard. This is a Member who was not shocked
because I have been charged as a subcommittee chairman since the
beginning of the year with looking at all the aspects of this. I read
daily the international press reports of how many new cases of avian
flu, in what country, how many humans have contracted it from an animal
source, how many humans potentially have contracted it from another
human. The reality is this is something that from a committee
standpoint we keep up with. We understand the sense of urgency. I plead
with my colleagues that the answer is not to throw money at the threat.
It is to have a comprehensive plan where research and the investment
for that research pays off in countermeasures to protect the American
people.
Senator Harkin described very well that what is H5N1 avian flu in
most of Southeast Asia today, by the time it travels, whether it is by
humans or potentially by wild birds, the mutations that may take place
might make irrelevant any vaccine that is produced today and antivirals
that exist today, used to treat it might have potentially less than a
satisfactory effect. Without a system that invests in research and
development, how in the world do we expect new antiviral drugs and new
vaccines to be produced?
To suggest that we put all our eggs into this limited approach--let's
put this money up, and let's buy whatever is available on the
marketplace--is comforting if, in fact, we believe this is a threat for
tomorrow or next week or next month. The reality is this pandemic may
occur next year or 3 years or 5 years down the road, and if we want to
protect the American people, if we want to do our job, then you have to
set up a comprehensive mechanism for that research, that development,
and whatever product is needed to address the threat we may face.
Again, I commend those Members who have come to the floor and
proposed the appropriations for this item. I disagree that this is the
appropriate bill. I disagree that you should appropriate this much
money or any money without a comprehensive plan as to how we produce
countermeasures that continue past this one appropriations.
I pledge to the minority leader and to Senator Harkin, but more
importantly to every Member of this body, to work with them
aggressively over the next 60 days to not only produce legislation out
of the subcommittee, but to work with my chairman, Chairman Enzi, and
to work with both leaders and all 100 Senators to make sure this
legislation is passed in this body and by the House of Representatives,
and signed into law by this President. I believe that it is that
urgent. But, there is also a requirement for us to do it right, in
fact, that is the single most important factor that we should consider.
I yield the floor.
____________________