[Congressional Record (Bound Edition), Volume 151 (2005), Part 16]
[Senate]
[Pages 21655-21688]
[From the U.S. 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 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

[[Page 21656]]

     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.

           [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

[[Page 21657]]

     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.
       [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

[[Page 21658]]

     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.

                     [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:

[[Page 21659]]

     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.
       [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

[[Page 21660]]

     $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

[[Page 21661]]

     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 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

[[Page 21662]]

     Department of Defense purchases from foreign entities in 
     fiscal year 2006. Such report shall separately indicate the 
     dollar value of items for which the Buy American Act was 
     waived pursuant to any agreement described in subsection 
     (a)(2), the Trade Agreement Act of 1979 (19 U.S.C. 2501 et 
     seq.), or any international agreement to which the United 
     States is a party.
       [(c) For purposes of this section, the term ``Buy American 
     Act'' means title III of the Act entitled ``An Act making 
     appropriations for the Treasury and Post Office Departments 
     for the fiscal year ending June 30, 1934, and for other 
     purposes'', approved March 3, 1933 (41 U.S.C. 10a et seq.).
       [Sec. 8030. Appropriations contained in this Act that 
     remain available at the end of the current fiscal year, and 
     at the end of each fiscal year hereafter, as a result of 
     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

[[Page 21663]]

     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.
       [``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

[[Page 21664]]

       [(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 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.--

[[Page 21665]]

       [(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 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:

[[Page 21666]]

       [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 $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

[[Page 21667]]

     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 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:

[[Page 21668]]

     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 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.

[[Page 21669]]

       [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 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

[[Page 21670]]

     States Code, or while undergoing reserve training, or while 
     performing drills or equivalent duty or other duty, and 
     expenses authorized by section 16131 of title 10, United 
     States Code; and for payments to the Department of Defense 
     Military Retirement Fund, $3,052,269,000.

                        Reserve Personnel, Navy

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Navy 
     Reserve on active duty under section 10211 of title 10, 
     United States Code, or while serving on active duty under 
     section 12301(d) of title 10, United States Code, in 
     connection with performing duty specified in section 12310(a) 
     of title 10, United States Code, or while undergoing reserve 
     training, or while performing drills or equivalent duty, and 
     expenses authorized by section 16131 of title 10, United 
     States Code; and for payments to the Department of Defense 
     Military Retirement Fund, $1,617,299,000.

                    Reserve Personnel, Marine Corps

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Marine 
     Corps Reserve on active duty under section 10211 of title 10, 
     United States Code, or while serving on active duty under 
     section 12301(d) of title 10, United States Code, in 
     connection with performing duty specified in section 12310(a) 
     of title 10, United States Code, or while undergoing reserve 
     training, or while performing drills or equivalent duty, and 
     for members of the Marine Corps platoon leaders class, and 
     expenses authorized by section 16131 of title 10, United 
     States Code; and for payments to the Department of Defense 
     Military Retirement Fund, $491,601,000.

                      Reserve Personnel, Air Force

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Air Force 
     Reserve on active duty under sections 10211, 10305, and 8038 
     of title 10, United States Code, or while serving on active 
     duty under section 12301(d) of title 10, United States Code, 
     in connection with performing duty specified in section 
     12310(a) of title 10, United States Code, or while undergoing 
     reserve training, or while performing drills or equivalent 
     duty or other duty, and expenses authorized by section 16131 
     of title 10, United States Code; and for payments to the 
     Department of Defense Military Retirement Fund, 
     $1,263,046,000.

                     National Guard Personnel, Army

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Army 
     National Guard while on duty under section 10211, 10302, or 
     12402 of title 10 or section 708 of title 32, United States 
     Code, or while serving on duty under section 12301(d) of 
     title 10 or section 502(f) of title 32, United States Code, 
     in connection with performing duty specified in section 
     12310(a) of title 10, United States Code, or while undergoing 
     training, or while performing drills or equivalent duty or 
     other duty, and expenses authorized by section 16131 of title 
     10, United States Code; and for payments to the Department of 
     Defense Military Retirement Fund, $4,555,794,000.

                  National Guard Personnel, Air Force

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Air 
     National Guard on duty under section 10211, 10305, or 12402 
     of title 10 or section 708 of title 32, United States Code, 
     or while serving on duty under section 12301(d) of title 10 
     or section 502(f) of title 32, United States Code, in 
     connection with performing duty specified in section 12310(a) 
     of title 10, United States Code, or while undergoing 
     training, or while performing drills or equivalent duty or 
     other duty, and expenses authorized by section 16131 of title 
     10, United States Code; and for payments to the Department of 
     Defense Military Retirement Fund, $2,125,632,000.

                  TITLE II--OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Army, as authorized by law; 
     and not to exceed $11,478,000 can be used for emergencies and 
     extraordinary expenses, to be expended on the approval or 
     authority of the Secretary of the Army, and payments may be 
     made on his certificate of necessity for confidential 
     military purposes, $24,573,795,000.

                    Operation and Maintenance, Navy

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Navy and the Marine Corps, 
     as authorized by law; and not to exceed $6,003,000 can be 
     used for emergencies and extraordinary expenses, to be 
     expended on the approval or authority of the Secretary of the 
     Navy, and payments may be made on his certificate of 
     necessity for confidential military purposes, 
     $30,317,964,000.

                Operation and Maintenance, Marine Corps

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Marine Corps, as authorized 
     by law, $3,780,926,000.

                  Operation and Maintenance, Air Force

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Air Force, as authorized by 
     law; and not to exceed $7,699,000 can be used for emergencies 
     and extraordinary expenses, to be expended on the approval or 
     authority of the Secretary of the Air Force, and payments may 
     be made on his certificate of necessity for confidential 
     military purposes, $30,891,386,000.

                Operation and Maintenance, Defense-Wide


                     (including transfer of funds)

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of activities and agencies of the 
     Department of Defense (other than the military departments), 
     as authorized by law, $18,517,218,000: Provided, That not 
     more than $25,000,000 may be used for the Combatant Commander 
     Initiative Fund authorized under section 166a of title 10, 
     United States Code, and of which not to exceed $32,000,000 
     can be used for emergencies and extraordinary expenses, to be 
     expended on the approval or authority of the Secretary of 
     Defense, and payments may be made on his certificate of 
     necessity for confidential military purposes: Provided 
     further, That of the funds provided under this heading not 
     less than $27,009,000 shall be made available for the 
     Procurement Technical Assistance Cooperative Agreement 
     Program, of which not less than $3,600,000 shall be available 
     for centers defined in 10 U.S.C. 2411(1)(D): Provided 
     further, That none of the funds appropriated or otherwise 
     made available by this Act may be used to plan or implement 
     the consolidation of a budget or appropriations liaison 
     office of the Office of the Secretary of Defense, the office 
     of the Secretary of a military department, or the service 
     headquarters of one of the Armed Forces into a legislative 
     affairs or legislative liaison office: Provided further, That 
     $4,000,000, to remain available until expended, is available 
     only for expenses relating to certain classified activities, 
     and may be transferred as necessary by the Secretary to 
     operation and maintenance appropriations or research, 
     development, test and evaluation appropriations, to be merged 
     with and to be available for the same time period as the 
     appropriations to which transferred: Provided further, That 
     any ceiling on the investment item unit cost of items that 
     may be purchased with operation and maintenance funds shall 
     not apply to the funds described in the preceding proviso: 
     Provided further, That the transfer authority provided under 
     this heading is in addition to any other transfer authority 
     provided elsewhere in this Act.

                Operation and Maintenance, Army Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Army Reserve; repair of facilities 
     and equipment; hire of passenger motor vehicles; travel and 
     transportation; care of the dead; recruiting; procurement of 
     services, supplies, and equipment; and communications, 
     $1,956,482,000.

                Operation and Maintenance, Navy Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Navy Reserve; repair of facilities 
     and equipment; hire of passenger motor vehicles; travel and 
     transportation; care of the dead; recruiting; procurement of 
     services, supplies, and equipment; and communications, 
     $1,239,295,000.

            Operation and Maintenance, Marine Corps Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Marine Corps Reserve; repair of 
     facilities and equipment; hire of passenger motor vehicles; 
     travel and transportation; care of the dead; recruiting; 
     procurement of services, supplies, and equipment; and 
     communications, $197,734,000.

              Operation and Maintenance, Air Force Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Air Force Reserve; repair of 
     facilities and equipment; hire of passenger motor vehicles; 
     travel and transportation; care of the dead; recruiting; 
     procurement of services, supplies, and equipment; and 
     communications, $2,474,286,000.

             Operation and Maintenance, Army National Guard

       For expenses of training, organizing, and administering the 
     Army National Guard, including medical and hospital treatment 
     and related expenses in non-Federal hospitals; maintenance, 
     operation, and repairs to structures and facilities; hire of 
     passenger motor vehicles; personnel services in the National 
     Guard Bureau; travel expenses (other than mileage), as 
     authorized by law for Army personnel on active duty, for Army 
     National Guard division, regimental, and battalion commanders 
     while inspecting units in compliance with National Guard 
     Bureau regulations when specifically authorized by the Chief, 
     National Guard Bureau; supplying and equipping the Army 
     National Guard as authorized by law; and expenses of repair, 
     modification, maintenance, and issue of supplies and 
     equipment (including aircraft), $4,428,119,000: Provided, 
     That $10,000,000 shall be available for the operations and 
     development of training and technology for the Joint 
     Interagency Training Center-East and the affiliated Center 
     for National Response at the Memorial Tunnel and for 
     providing homeland defense/security and traditional 
     warfighting training to the Department of Defense, other 
     federal agency, and state and local first responder personnel 
     at the Joint Interagency Training Center-East.

             Operation and Maintenance, Air National Guard

       For expenses of training, organizing, and administering the 
     Air National Guard, including medical and hospital treatment 
     and related expenses in non-Federal hospitals; maintenance, 
     operation, and repairs to structures and facilities; 
     transportation of things, hire of passenger

[[Page 21671]]

     motor vehicles; supplying and equipping the Air National 
     Guard, as authorized by law; expenses for repair, 
     modification, maintenance, and issue of supplies and 
     equipment, including those furnished from stocks under the 
     control of agencies of the Department of Defense; travel 
     expenses (other than mileage) on the same basis as authorized 
     by law for Air National Guard personnel on active Federal 
     duty, for Air National Guard commanders while inspecting 
     units in compliance with National Guard Bureau regulations 
     when specifically authorized by the Chief, National Guard 
     Bureau, $4,681,291,000.

          United States Court of Appeals for the Armed Forces

       For salaries and expenses necessary for the United States 
     Court of Appeals for the Armed Forces, $11,236,000, of which 
     not to exceed $5,000 may be used for official representation 
     purposes.

                    Environmental Restoration, Army


                     (including transfer of funds)

       For the Department of the Army, $407,865,000, to remain 
     available until transferred: Provided, That the Secretary of 
     the Army shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris of 
     the Department of the Army, or for similar purposes, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of the Army, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred: Provided further, That upon a determination that 
     all or part of the funds transferred from this appropriation 
     are not necessary for the purposes provided herein, such 
     amounts may be transferred back to this appropriation.

                    Environmental Restoration, Navy


                     (including transfer of funds)

       For the Department of the Navy, $305,275,000, to remain 
     available until transferred: Provided, That the Secretary of 
     the Navy shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris of 
     the Department of the Navy, or for similar purposes, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of the Navy, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred: Provided further, That upon a determination that 
     all or part of the funds transferred from this appropriation 
     are not necessary for the purposes provided herein, such 
     amounts may be transferred back to this appropriation.

                  Environmental Restoration, Air Force


                     (including transfer of funds)

       For the Department of the Air Force, $406,461,000, to 
     remain available until transferred: Provided, That the 
     Secretary of the Air Force shall, upon determining that such 
     funds are required for environmental restoration, reduction 
     and recycling of hazardous waste, removal of unsafe buildings 
     and debris of the Department of the Air Force, or for similar 
     purposes, transfer the funds made available by this 
     appropriation to other appropriations made available to the 
     Department of the Air Force, to be merged with and to be 
     available for the same purposes and for the same time period 
     as the appropriations to which transferred: Provided further, 
     That upon a determination that all or part of the funds 
     transferred from this appropriation are not necessary for the 
     purposes provided herein, such amounts may be transferred 
     back to this appropriation.

                Environmental Restoration, Defense-Wide


                     (including transfer of funds)

       For the Department of Defense, $28,167,000, to remain 
     available until transferred: Provided, That the Secretary of 
     Defense shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris of 
     the Department of Defense, or for similar purposes, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of Defense, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred: Provided further, That upon a determination that 
     all or part of the funds transferred from this appropriation 
     are not necessary for the purposes provided herein, such 
     amounts may be transferred back to this appropriation.

         Environmental Restoration, Formerly Used Defense Sites


                     (including transfer of funds)

       For the Department of the Army, $271,921,000, to remain 
     available until transferred: Provided, That the Secretary of 
     the Army shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris at 
     sites formerly used by the Department of Defense, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of the Army, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred: Provided further, That upon a determination that 
     all or part of the funds transferred from this appropriation 
     are not necessary for the purposes provided herein, such 
     amounts may be transferred back to this appropriation.

             Overseas Humanitarian, Disaster, and Civic Aid

       For expenses relating to the Overseas Humanitarian, 
     Disaster, and Civic Aid programs of the Department of Defense 
     (consisting of the programs provided under sections 401, 402, 
     404, 2557, and 2561 of title 10, United States Code), 
     $61,546,000, to remain available until September 30, 2007.

              Former Soviet Union Threat Reduction Account

       For assistance to the republics of the former Soviet Union, 
     including assistance provided by contract or by grants, for 
     facilitating the elimination and the safe and secure 
     transportation and storage of nuclear, chemical and other 
     weapons; for establishing programs to prevent the 
     proliferation of weapons, weapons components, and weapon-
     related technology and expertise; for programs relating to 
     the training and support of defense and military personnel 
     for demilitarization and protection of weapons, weapons 
     components and weapons technology and expertise, and for 
     defense and military contacts, $415,549,000, to remain 
     available until September 30, 2008: Provided, That of the 
     amounts provided under this heading, $15,000,000 shall be 
     available only to support the dismantling and disposal of 
     nuclear submarines, submarine reactor components, and 
     security enhancements for transport and storage of nuclear 
     warheads in the Russian Far East.

                         TITLE III--PROCUREMENT

                       Aircraft Procurement, Army

       For construction, procurement, production, modification, 
     and modernization of aircraft, equipment, including ordnance, 
     ground handling equipment, spare parts, and accessories 
     therefor; specialized equipment and training devices; 
     expansion of public and private plants, including the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $2,562,480,000, to remain available for obligation until 
     September 30, 2008.

                       Missile Procurement, Army

       For construction, procurement, production, modification, 
     and modernization of missiles, equipment, including ordnance, 
     ground handling equipment, spare parts, and accessories 
     therefor; specialized equipment and training devices; 
     expansion of public and private plants, including the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $1,214,919,000, to remain available for obligation until 
     September 30, 2008.

        Procurement of Weapons and Tracked Combat Vehicles, Army

       For construction, procurement, production, and modification 
     of weapons and tracked combat vehicles, equipment, including 
     ordnance, spare parts, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including the land necessary therefor, for 
     the foregoing purposes, and such lands and interests therein, 
     may be acquired, and construction prosecuted thereon prior to 
     approval of title; and procurement and installation of 
     equipment, appliances, and machine tools in public and 
     private plants; reserve plant and Government and contractor-
     owned equipment layaway; and other expenses necessary for the 
     foregoing purposes, $1,359,465,000, to remain available for 
     obligation until September 30, 2008.

                    Procurement of Ammunition, Army

       For construction, procurement, production, and modification 
     of ammunition, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including ammunition facilities authorized by 
     section 2854 of title 10, United States Code, and the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $1,708,680,000, to remain available for obligation until 
     September 30, 2008.

                        Other Procurement, Army

       For construction, procurement, production, and modification 
     of vehicles, including tactical, support, and non-tracked 
     combat vehicles; the purchase of passenger motor vehicles for 
     replacement only; and the purchase of 14 vehicles required 
     for physical security of personnel, notwithstanding price 
     limitations applicable to passenger vehicles but not to 
     exceed $255,000 per vehicle; communications and electronic 
     equipment; other support equipment; spare parts, ordnance, 
     and accessories therefor; specialized equipment and training 
     devices; expansion of public and private plants, including 
     the land necessary therefor, for the foregoing purposes, and 
     such lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation

[[Page 21672]]

     of equipment, appliances, and machine tools in public and 
     private plants; reserve plant and Government and contractor-
     owned equipment layaway; and other expenses necessary for the 
     foregoing purposes, $4,426,531,000, to remain available for 
     obligation until September 30, 2008.

                       Aircraft Procurement, Navy

       For construction, procurement, production, modification, 
     and modernization of aircraft, equipment, including ordnance, 
     spare parts, and accessories therefor; specialized equipment; 
     expansion of public and private plants, including the land 
     necessary therefor, and such lands and interests therein, may 
     be acquired, and construction prosecuted thereon prior to 
     approval of title; and procurement and installation of 
     equipment, appliances, and machine tools in public and 
     private plants; reserve plant and Government and contractor-
     owned equipment layaway, $9,880,492,000, to remain available 
     for obligation until September 30, 2008.

                       Weapons Procurement, Navy

       For construction, procurement, production, modification, 
     and modernization of missiles, torpedoes, other weapons, and 
     related support equipment including spare parts, and 
     accessories therefor; expansion of public and private plants, 
     including the land necessary therefor, and such lands and 
     interests therein, may be acquired, and construction 
     prosecuted thereon prior to approval of title; and 
     procurement and installation of equipment, appliances, and 
     machine tools in public and private plants; reserve plant and 
     Government and contractor-owned equipment layaway, 
     $2,593,341,000, to remain available for obligation until 
     September 30, 2008.

            Procurement of Ammunition, Navy and Marine Corps

       For construction, procurement, production, and modification 
     of ammunition, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including ammunition facilities authorized by 
     section 2854 of title 10, United States Code, and the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $832,791,000, to remain available for obligation until 
     September 30, 2008.

                   Shipbuilding and Conversion, Navy

       For expenses necessary for the construction, acquisition, 
     or conversion of vessels as authorized by law, including 
     armor and armament thereof, plant equipment, appliances, and 
     machine tools and installation thereof in public and private 
     plants; reserve plant and Government and contractor-owned 
     equipment layaway; procurement of critical, long leadtime 
     components and designs for vessels to be constructed or 
     converted in the future; and expansion of public and private 
     plants, including land necessary therefor, and such lands and 
     interests therein, may be acquired, and construction 
     prosecuted thereon prior to approval of title, as follows:
       Carrier Replacement Program (AP), $651,613,000;
       NSSN, $1,637,698,000;
       NSSN (AP), $763,786,000;
       SSGN, $286,516,000;
       CVN Refuelings, $1,493,563,000;
       CVN Refuelings (AP), $20,000,000;
       SSBN Submarine Refuelings, $230,193,000;
       SSBN Submarine Refuelings (AP), $62,248,000;
       DD(X) (AP), $765,992,000;
       DDG-51 Destroyer, $29,773,000;
       LHD-8, $197,769,000;
       LPD-17, $1,344,741,000;
       LHA-R, $150,447,000;
       LCAC Landing Craft Air Cushion, $110,583,000;
       Prior year shipbuilding costs, $517,523,000;
       Service Craft, $46,055,000; and
       For outfitting, post delivery, conversions, and first 
     destination transportation, $369,387,000;
     in all: $8,677,887,000, to remain available for obligation 
     until September 30, 2010: Provided, That additional 
     obligations may be incurred after September 30, 2010, for 
     engineering services, tests, evaluations, and other such 
     budgeted work that must be performed in the final stage of 
     ship construction: Provided further, That none of the funds 
     provided under this heading for the construction or 
     conversion of any naval vessel to be constructed in shipyards 
     in the United States shall be expended in foreign facilities 
     for the construction of major components of such vessel: 
     Provided further, That none of the funds provided under this 
     heading shall be used for the construction of any naval 
     vessel in foreign shipyards.

                        Other Procurement, Navy

       For procurement, production, and modernization of support 
     equipment and materials not otherwise provided for, Navy 
     ordnance (except ordnance for new aircraft, new ships, and 
     ships authorized for conversion); the purchase of passenger 
     motor vehicles for replacement only, and the purchase of 9 
     vehicles required for physical security of personnel, 
     notwithstanding price limitations applicable to passenger 
     vehicles but not to exceed $255,000 per vehicle; expansion of 
     public and private plants, including the land necessary 
     therefor, and such lands and interests therein, may be 
     acquired, and construction prosecuted thereon prior to 
     approval of title; and procurement and installation of 
     equipment, appliances, and machine tools in public and 
     private plants; reserve plant and Government and contractor-
     owned equipment layaway, $5,293,157,000, to remain available 
     for obligation until September 30, 2008.

                       Procurement, Marine Corps

       For expenses necessary for the procurement, manufacture, 
     and modification of missiles, armament, military equipment, 
     spare parts, and accessories therefor; plant equipment, 
     appliances, and machine tools, and installation thereof in 
     public and private plants; reserve plant and Government and 
     contractor-owned equipment layaway; vehicles for the Marine 
     Corps, including the purchase of passenger motor vehicles for 
     replacement only; and expansion of public and private plants, 
     including land necessary therefor, and such lands and 
     interests therein, may be acquired, and construction 
     prosecuted thereon prior to approval of title, 
     $1,361,605,000, to remain available for obligation until 
     September 30, 2008.

                    Aircraft Procurement, Air Force

       For construction, procurement, and modification of aircraft 
     and equipment, including armor and armament, specialized 
     ground handling equipment, and training devices, spare parts, 
     and accessories therefor; specialized equipment; expansion of 
     public and private plants, Government-owned equipment and 
     installation thereof in such plants, erection of structures, 
     and acquisition of land, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     reserve plant and Government and contractor-owned equipment 
     layaway; and other expenses necessary for the foregoing 
     purposes including rents and transportation of things, 
     $12,729,492,000, to remain available for obligation until 
     September 30, 2008.

                     Missile Procurement, Air Force

       For construction, procurement, and modification of 
     missiles, spacecraft, rockets, and related equipment, 
     including spare parts and accessories therefor, ground 
     handling equipment, and training devices; expansion of public 
     and private plants, Government-owned equipment and 
     installation thereof in such plants, erection of structures, 
     and acquisition of land, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     reserve plant and Government and contractor-owned equipment 
     layaway; and other expenses necessary for the foregoing 
     purposes including rents and transportation of things, 
     $5,068,974,000, to remain available for obligation until 
     September 30, 2008.

                  Procurement of Ammunition, Air Force

       For construction, procurement, production, and modification 
     of ammunition, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including ammunition facilities authorized by 
     section 2854 of title 10, United States Code, and the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $996,111,000, to remain available for obligation until 
     September 30, 2008.

                      Other Procurement, Air Force

       For procurement and modification of equipment (including 
     ground guidance and electronic control equipment, and ground 
     electronic and communication equipment), and supplies, 
     materials, and spare parts therefor, not otherwise provided 
     for; the purchase of passenger motor vehicles for replacement 
     only, and the purchase of 2 vehicles required for physical 
     security of personnel, notwithstanding price limitations 
     applicable to passenger vehicles but not to exceed $255,000 
     per vehicle; lease of passenger motor vehicles; and expansion 
     of public and private plants, Government-owned equipment and 
     installation thereof in such plants, erection of structures, 
     and acquisition of land, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon, prior to approval of title; 
     reserve plant and Government and contractor-owned equipment 
     layaway, $14,048,439,000, to remain available for obligation 
     until September 30, 2008.

                       Procurement, Defense-Wide

       For expenses of activities and agencies of the Department 
     of Defense (other than the military departments) necessary 
     for procurement, production, and modification of equipment, 
     supplies, materials, and spare parts therefor, not otherwise 
     provided for; the purchase of passenger motor vehicles for 
     replacement only, and the purchase of 5 vehicles required for 
     physical security of personnel, notwithstanding prior 
     limitations applicable to passenger vehicles but not to 
     exceed $255,000 per vehicle; expansion of public and private 
     plants, equipment, and installation thereof in such plants, 
     erection of structures, and acquisition of land for the 
     foregoing purposes, and such lands and interests therein, may 
     be acquired, and construction prosecuted thereon prior to 
     approval of title; reserve plant and Government and 
     contractor-owned equipment layaway, $2,572,250,000, to remain 
     available for obligation until September 30, 2008.

                  National Guard and Reserve Equipment

       For procurement of aircraft, missiles, tracked combat 
     vehicles, ammunition, other weapons,

[[Page 21673]]

     and other procurement for the reserve components of the Armed 
     Forces, $422,000,000, to remain available for obligation 
     until September 30, 2008: Provided, That the Chiefs of the 
     Reserve and National Guard components shall, not later than 
     30 days after the enactment of this Act, individually submit 
     to the congressional defense committees the modernization 
     priority assessment for their respective Reserve or National 
     Guard component.

                    Defense Production Act Purchases

       For activities by the Department of Defense pursuant to 
     sections 108, 301, 302, and 303 of the Defense Production Act 
     of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), 
     $68,573,000, to remain available until expended.

          TITLE IV--RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, $10,520,592,000, to remain 
     available for obligation until September 30, 2007.

            Research, Development, Test and Evaluation, Navy

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, $18,557,904,000, to remain 
     available for obligation until September 30, 2007: Provided, 
     That funds appropriated in this paragraph which are available 
     for the V-22 may be used to meet unique operational 
     requirements of the Special Operations Forces: Provided 
     further, That funds appropriated in this paragraph shall be 
     available for the Cobra Judy program.

         Research, Development, Test and Evaluation, Air Force

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, $21,859,010,000, to remain 
     available for obligation until September 30, 2007.

        Research, Development, Test and Evaluation, Defense-Wide

       For expenses of activities and agencies of the Department 
     of Defense (other than the military departments), necessary 
     for basic and applied scientific research, development, test 
     and evaluation; advanced research projects as may be 
     designated and determined by the Secretary of Defense, 
     pursuant to law; maintenance, rehabilitation, lease, and 
     operation of facilities and equipment, $19,301,618,000, to 
     remain available for obligation until September 30, 2007.

                Operational Test and Evaluation, Defense

       For expenses, not otherwise provided for, necessary for the 
     independent activities of the Director, Operational Test and 
     Evaluation, in the direction and supervision of operational 
     test and evaluation, including initial operational test and 
     evaluation which is conducted prior to, and in support of, 
     production decisions; joint operational testing and 
     evaluation; and administrative expenses in connection 
     therewith, $168,458,000, to remain available for obligation 
     until September 30, 2007.

                TITLE V--REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

       For the Defense Working Capital Funds, $1,154,940,000.

                     National Defense Sealift Fund

       For National Defense Sealift Fund programs, projects, and 
     activities, and for expenses of the National Defense Reserve 
     Fleet, as established by section 11 of the Merchant Ship 
     Sales Act of 1946 (50 U.S.C. App. 1744), and for the 
     necessary expenses to maintain and preserve a U.S.-flag 
     merchant fleet to serve the national security needs of the 
     United States, $579,954,000, to remain available until 
     expended: Provided, That none of the funds provided in this 
     paragraph shall be used to award a new contract that provides 
     for the acquisition of any of the following major components 
     unless such components are manufactured in the United States: 
     auxiliary equipment, including pumps, for all shipboard 
     services; propulsion system components (that is; engines, 
     reduction gears, and propellers); shipboard cranes; and 
     spreaders for shipboard cranes: Provided further, That the 
     exercise of an option in a contract awarded through the 
     obligation of previously appropriated funds shall not be 
     considered to be the award of a new contract: Provided 
     further, That the Secretary of the military department 
     responsible for such procurement may waive the restrictions 
     in the first proviso on a case-by-case basis by certifying in 
     writing to the Committees on Appropriations of the House of 
     Representatives and the Senate that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes.

             TITLE VI--OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

       For expenses, not otherwise provided for, for medical and 
     health care programs of the Department of Defense, as 
     authorized by law, $20,237,962,000, of which $19,345,087,000 
     shall be for Operation and maintenance, of which not to 
     exceed 2 percent shall remain available until September 30, 
     2007, and of which up to $10,157,427,000 may be available for 
     contracts entered into under the TRICARE program; of which 
     $377,319,000, to remain available for obligation until 
     September 30, 2008, shall be for Procurement; and of which 
     $515,556,000, to remain available for obligation until 
     September 30, 2007, shall be for Research, development, test 
     and evaluation.

            Chemical Agents and Munitions Destruction, Army

       For expenses, not otherwise provided for, necessary for the 
     destruction of the United States stockpile of lethal chemical 
     agents and munitions, to include construction of facilities, 
     in accordance with the provisions of section 1412 of the 
     Department of Defense Authorization Act, 1986 (50 U.S.C. 
     1521), and for the destruction of other chemical warfare 
     materials that are not in the chemical weapon stockpile, 
     $1,430,727,000, of which $1,241,514,000 shall be for 
     Operation and maintenance; $116,527,000 shall be for 
     Procurement to remain available until September 30, 2008; 
     $72,686,000 shall be for Research, development, test and 
     evaluation, of which $57,926,000 shall only be for the 
     Assembled Chemical Weapons Alternatives (ACWA) program, to 
     remain available until September 30, 2007; and no less than 
     $119,300,000 may be for the Chemical Stockpile Emergency 
     Preparedness Program, of which $36,800,000 shall be for 
     activities on military installations and $82,500,000 shall be 
     to assist State and local governments.

         Drug Interdiction and Counter-Drug Activities, Defense


                     (including transfer of funds)

       For drug interdiction and counter-drug activities of the 
     Department of Defense, for transfer to appropriations 
     available to the Department of Defense for military personnel 
     of the reserve components serving under the provisions of 
     title 10 and title 32, United States Code; for Operation and 
     maintenance; for Procurement; and for Research, development, 
     test and evaluation, $926,821,000: Provided, That the funds 
     appropriated under this heading shall be available for 
     obligation for the same time period and for the same purpose 
     as the appropriation to which transferred: Provided further, 
     That upon a determination that all or part of the funds 
     transferred from this appropriation are not necessary for the 
     purposes provided herein, such amounts may be transferred 
     back to this appropriation: Provided further, That the 
     transfer authority provided under this heading is in addition 
     to any other transfer authority contained elsewhere in this 
     Act.

                    Office of the Inspector General

       For expenses and activities of the Office of the Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978, as amended, $209,687,000, of which 
     $208,687,000 shall be for Operation and maintenance, of which 
     not to exceed $700,000 is available for emergencies and 
     extraordinary expenses to be expended on the approval or 
     authority of the Inspector General, and payments may be made 
     on the Inspector General's certificate of necessity for 
     confidential military purposes; and of which $1,000,000, to 
     remain available until September 30, 2008, shall be for 
     Procurement.

                      TITLE VII--RELATED AGENCIES

   Central Intelligence Agency Retirement and Disability System Fund

       For payment to the Central Intelligence Agency Retirement 
     and Disability System Fund, to maintain the proper funding 
     level for continuing the operation of the Central 
     Intelligence Agency Retirement and Disability System, 
     $244,600,000.

               Intelligence Community Management Account


                     (including transfer of funds)

       For necessary expenses of the Intelligence Community 
     Management Account, $413,344,000, of which $27,454,000 for 
     the Advanced Research and Development Committee shall remain 
     available until September 30, 2007: Provided, That of the 
     funds appropriated under this heading, $17,000,000 shall be 
     transferred to the Department of Justice for the National 
     Drug Intelligence Center to support the Department of 
     Defense's counter-drug intelligence responsibilities.

                     TITLE VIII--GENERAL PROVISIONS

       Sec. 8001. No part of any appropriation contained in this 
     Act shall be used for publicity or propaganda purposes not 
     authorized by the Congress.
       Sec. 8002. During the current fiscal year, provisions of 
     law prohibiting the payment of compensation to, or employment 
     of, any person not a citizen of the United States shall not 
     apply to personnel of the Department of Defense: Provided, 
     That salary increases granted to direct and indirect hire 
     foreign national employees of the Department of Defense 
     funded by this Act shall not be at a rate in excess of the 
     percentage increase authorized by law for civilian employees 
     of the Department of Defense whose pay is computed under the 
     provisions of section 5332 of title 5, United States Code, or 
     at a rate in excess of the percentage increase provided by 
     the appropriate host nation to its own employees, whichever 
     is higher: Provided further, That this section shall not 
     apply to Department of Defense foreign service national 
     employees serving at United States diplomatic missions whose 
     pay is set by the Department of State under the Foreign 
     Service Act of 1980: Provided further, That the limitations 
     of this provision shall not apply to foreign national 
     employees of the Department of Defense in the Republic of 
     Turkey.
       Sec. 8003. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year, unless expressly so provided herein.

[[Page 21674]]

       Sec. 8004. No more than 20 percent of the appropriations in 
     this Act which are limited for obligation during the current 
     fiscal year shall be obligated during the last 2 months of 
     the fiscal year: Provided, That this section shall not apply 
     to obligations for support of active duty training of reserve 
     components or summer camp training of the Reserve Officers' 
     Training Corps.


                          (transfer of funds)

       Sec. 8005. Upon determination by the Secretary of Defense 
     that such action is necessary in the national interest, he 
     may, with the approval of the Office of Management and 
     Budget, transfer not to exceed $3,500,000,000 of working 
     capital funds of the Department of Defense or funds made 
     available in this Act to the Department of Defense for 
     military functions (except military construction) between 
     such appropriations or funds or any subdivision thereof, to 
     be merged with and to be available for the same purposes, and 
     for the same time period, as the appropriation or fund to 
     which transferred: Provided, That such authority to transfer 
     may not be used unless for higher priority items, based on 
     unforeseen military requirements, than those for which 
     originally appropriated and in no case where the item for 
     which funds are requested has been denied by the Congress: 
     Provided further, That the Secretary of Defense shall notify 
     the Congress promptly of all transfers made pursuant to this 
     authority or any other authority in this Act: Provided 
     further, That no part of the funds in this Act shall be 
     available to prepare or present a request to the Committees 
     on Appropriations for reprogramming of funds, unless for 
     higher priority items, based on unforeseen military 
     requirements, than those for which originally appropriated 
     and in no case where the item for which reprogramming is 
     requested has been denied by the Congress: Provided further, 
     That a request for multiple reprogrammings of funds using 
     authority provided in this section must be made prior to June 
     30, 2006: Provided further, That transfers among military 
     personnel appropriations shall not be taken into account for 
     purposes of the limitation on the amount of funds that may be 
     transferred under this section.


                          (transfer of funds)

       Sec. 8006. During the current fiscal year, cash balances in 
     working capital funds of the Department of Defense 
     established pursuant to section 2208 of title 10, United 
     States Code, may be maintained in only such amounts as are 
     necessary at any time for cash disbursements to be made from 
     such funds: Provided, That transfers may be made between such 
     funds: Provided further, That transfers may be made between 
     working capital funds and the ``Foreign Currency 
     Fluctuations, Defense'' appropriation and the ``Operation and 
     Maintenance'' appropriation accounts in such amounts as may 
     be determined by the Secretary of Defense, with the approval 
     of the Office of Management and Budget, except that such 
     transfers may not be made unless the Secretary of Defense has 
     notified the Congress of the proposed transfer. Except in 
     amounts equal to the amounts appropriated to working capital 
     funds in this Act, no obligations may be made against a 
     working capital fund to procure or increase the value of war 
     reserve material inventory, unless the Secretary of Defense 
     has notified the Congress prior to any such obligation.
       Sec. 8007. Funds appropriated by this Act may not be used 
     to initiate a special access program without prior 
     notification 30 calendar days in session in advance to the 
     congressional defense committees.
       Sec. 8008. None of the funds provided in this Act shall be 
     available to initiate: (1) a multiyear contract that employs 
     economic order quantity procurement in excess of $20,000,000 
     in any 1 year of the contract or that includes an unfunded 
     contingent liability in excess of $20,000,000; or (2) a 
     contract for advance procurement leading to a multiyear 
     contract that employs economic order quantity procurement in 
     excess of $20,000,000 in any 1 year, unless the congressional 
     defense committees have been notified at least 30 days in 
     advance of the proposed contract award: Provided, That no 
     part of any appropriation contained in this Act shall be 
     available to initiate a multiyear contract for which the 
     economic order quantity advance procurement is not funded at 
     least to the limits of the Government's liability: Provided 
     further, That no part of any appropriation contained in this 
     Act shall be available to initiate multiyear procurement 
     contracts for any systems or component thereof if the value 
     of the multiyear contract would exceed $500,000,000 unless 
     specifically provided in this Act: Provided further, That no 
     multiyear procurement contract can be terminated without 10-
     day prior notification to the congressional defense 
     committees: Provided further, That the execution of multiyear 
     authority shall require the use of a present value analysis 
     to determine lowest cost compared to an annual procurement: 
     Provided further, That none of the funds provided in this Act 
     may be used for a multiyear contract executed after the date 
     of the enactment of this Act unless in the case of any such 
     contract--
       (1) the Secretary of Defense has submitted to Congress a 
     budget request for full funding of units to be procured 
     through the contract;
       (2) cancellation provisions in the contract do not include 
     consideration of recurring manufacturing costs of the 
     contractor associated with the production of unfunded units 
     to be delivered under the contract;
       (3) the contract provides that payments to the contractor 
     under the contract shall not be made in advance of incurred 
     costs on funded units; and
       (4) the contract does not provide for a price adjustment 
     based on a failure to award a follow-on contract.
       Funds appropriated in title III of this Act may be used for 
     a multiyear procurement contract as follows:
       UH-60/MH-60 Helicopters; and
       C-17 Globemaster.
       Sec. 8009. Within the funds appropriated for the operation 
     and maintenance of the Armed Forces, funds are hereby 
     appropriated pursuant to section 401 of title 10, United 
     States Code, for humanitarian and civic assistance costs 
     under chapter 20 of title 10, United States Code. Such funds 
     may also be obligated for humanitarian and civic assistance 
     costs incidental to authorized operations and pursuant to 
     authority granted in section 401 of chapter 20 of title 10, 
     United States Code, and these obligations shall be reported 
     as required by section 401(d) of title 10, United States 
     Code: Provided, That funds available for operation and 
     maintenance shall be available for providing humanitarian and 
     similar assistance by using Civic Action Teams in the Trust 
     Territories of the Pacific Islands and freely associated 
     states of Micronesia, pursuant to the Compact of Free 
     Association as authorized by Public Law 99-239: Provided 
     further, That upon a determination by the Secretary of the 
     Army that such action is beneficial for graduate medical 
     education programs conducted at Army medical facilities 
     located in Hawaii, the Secretary of the Army may authorize 
     the provision of medical services at such facilities and 
     transportation to such facilities, on a nonreimbursable 
     basis, for civilian patients from American Samoa, the 
     Commonwealth of the Northern Mariana Islands, the Marshall 
     Islands, the Federated States of Micronesia, Palau, and Guam.
       Sec. 8010. (a) During fiscal year 2006, the civilian 
     personnel of the Department of Defense may not be managed on 
     the basis of any end-strength, and the management of such 
     personnel during that fiscal year shall not be subject to any 
     constraint or limitation (known as an end-strength) on the 
     number of such personnel who may be employed on the last day 
     of such fiscal year.
       (b) The fiscal year 2007 budget request for the Department 
     of Defense as well as all justification material and other 
     documentation supporting the fiscal year 2007 Department of 
     Defense budget request shall be prepared and submitted to the 
     Congress as if subsections (a) and (b) of this provision were 
     effective with regard to fiscal year 2006.
       (c) Nothing in this section shall be construed to apply to 
     military (civilian) technicians.
       Sec. 8011. None of the funds appropriated in this or any 
     other Act may be used to initiate a new installation overseas 
     without 30-day advance notification to the Committees on 
     Appropriations.
       Sec. 8012. None of the funds made available by this Act 
     shall be used in any way, directly or indirectly, to 
     influence congressional action on any legislation or 
     appropriation matters pending before the Congress.
       Sec. 8013. None of the funds appropriated by this Act shall 
     be available for the basic pay and allowances of any member 
     of the Army participating as a full-time student and 
     receiving benefits paid by the Secretary of Veterans Affairs 
     from the Department of Defense Education Benefits Fund when 
     time spent as a full-time student is credited toward 
     completion of a service commitment: Provided, That this 
     subsection shall not apply to those members who have 
     reenlisted with this option prior to October 1, 1987: 
     Provided further, That this subsection applies only to active 
     components of the Army.
       Sec. 8014. (a) Limitation on Conversion to Contractor 
     Performance.--None of the funds appropriated by this Act 
     shall be available to convert to contractor performance an 
     activity or function of the Department of Defense that, on or 
     after the date of the enactment of this Act, is performed by 
     more than 10 Department of Defense civilian employees 
     unless--
       (1) the conversion is based on the result of a public-
     private competition that includes a most efficient and cost 
     effective organization plan developed by such activity or 
     function;
       (2) the Competitive Sourcing Official determines that, over 
     all performance periods stated in the solicitation of offers 
     for performance of the activity or function, the cost of 
     performance of the activity or function by a contractor would 
     be less costly to the Department of Defense by an amount that 
     equals or exceeds the lesser of--
       (A) 10 percent of the most efficient organization's 
     personnel-related costs for performance of that activity or 
     function by Federal employees; or
       (B) $10,000,000; and
       (3) the contractor does not receive an advantage for a 
     proposal that would reduce costs for the Department of 
     Defense by--
       (A) not making an employer-sponsored health insurance plan 
     available to the workers who are to be employed in the 
     performance of that activity or function under the contract; 
     or
       (B) offering to such workers an employer-sponsored health 
     benefits plan that requires the employer to contribute less 
     towards the premium or subscription share than the amount 
     that is paid by the Department of Defense for health benefits 
     for civilian employees under chapter 89 of title 5, United 
     States Code.
       (b) Exceptions.--
       (1) The Department of Defense, without regard to subsection 
     (a) of this section or subsections (a), (b), or (c) of 
     section 2461 of title 10, United States Code, and 
     notwithstanding any administrative regulation, requirement, 
     or policy to the contrary shall have full authority to

[[Page 21675]]

     enter into a contract for the performance of any commercial 
     or industrial type function of the Department of Defense 
     that--
       (A) is included on the procurement list established 
     pursuant to section 2 of the Javits-Wagner-O'Day Act (41 
     U.S.C. 47);
       (B) is planned to be converted to performance by a 
     qualified nonprofit agency for the blind or by a qualified 
     nonprofit agency for other severely handicapped individuals 
     in accordance with that Act; or
       (C) is planned to be converted to performance by a 
     qualified firm under at least 51 percent ownership by an 
     Indian tribe, as defined in section 4(e) of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     450b(e)), or a Native Hawaiian Organization, as defined in 
     section 8(a)(15) of the Small Business Act (15 U.S.C. 
     637(a)(15)).
       (2) This section shall not apply to depot contracts or 
     contracts for depot maintenance as provided in sections 2469 
     and 2474 of title 10, United States Code.
       (c) Treatment of Conversion.--The conversion of any 
     activity or function of the Department of Defense under the 
     authority provided by this section shall be credited toward 
     any competitive or outsourcing goal, target, or measurement 
     that may be established by statute, regulation, or policy and 
     is deemed to be awarded under the authority of, and in 
     compliance with, subsection (h) of section 2304 of title 10, 
     United States Code, for the competition or outsourcing of 
     commercial activities.


                          (transfer of funds)

       Sec. 8015. Funds appropriated in title III of this Act for 
     the Department of Defense Pilot Mentor-Protege Program may be 
     transferred to any other appropriation contained in this Act 
     solely for the purpose of implementing a Mentor-Protege 
     Program developmental assistance agreement pursuant to 
     section 831 of the National Defense Authorization Act for 
     Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), 
     as amended, under the authority of this provision or any 
     other transfer authority contained in this Act.
       Sec. 8016. None of the funds in this Act may be available 
     for the purchase by the Department of Defense (and its 
     departments and agencies) of welded shipboard anchor and 
     mooring chain 4 inches in diameter and under unless the 
     anchor and mooring chain are manufactured in the United 
     States from components which are substantially manufactured 
     in the United States: Provided, That for the purpose of this 
     section manufactured will include cutting, heat treating, 
     quality control, testing of chain and welding (including the 
     forging and shot blasting process): Provided further, That 
     for the purpose of this section substantially all of the 
     components of anchor and mooring chain shall be considered to 
     be produced or manufactured in the United States if the 
     aggregate cost of the components produced or manufactured in 
     the United States exceeds the aggregate cost of the 
     components produced or manufactured outside the United 
     States: Provided further, That when adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis, the Secretary of the service 
     responsible for the procurement may waive this restriction on 
     a case-by-case basis by certifying in writing to the 
     Committees on Appropriations that such an acquisition must be 
     made in order to acquire capability for national security 
     purposes.
       Sec. 8017. None of the funds appropriated by this Act 
     available for the Civilian Health and Medical Program of the 
     Uniformed Services (CHAMPUS) or TRICARE shall be available 
     for the reimbursement of any health care provider for 
     inpatient mental health service for care received when a 
     patient is referred to a provider of inpatient mental health 
     care or residential treatment care by a medical or health 
     care professional having an economic interest in the facility 
     to which the patient is referred: Provided, That this 
     limitation does not apply in the case of inpatient mental 
     health services provided under the program for persons with 
     disabilities under subsection (d) of section 1079 of title 
     10, United States Code, provided as partial hospital care, or 
     provided pursuant to a waiver authorized by the Secretary of 
     Defense because of medical or psychological circumstances of 
     the patient that are confirmed by a health professional who 
     is not a Federal employee after a review, pursuant to rules 
     prescribed by the Secretary, which takes into account the 
     appropriate level of care for the patient, the intensity of 
     services required by the patient, and the availability of 
     that care.
       Sec. 8018. Of the funds appropriated or otherwise made 
     available in this Act, a reduction of $591,100,000 is hereby 
     taken from title III, Procurement, from the ``Other 
     Procurement, Army'' account: Provided, That within 30 days of 
     enactment of this Act, the Secretary of the Army shall 
     provide a report to the House Committee on Appropriations and 
     the Senate Committee on Appropriations which describes the 
     application of these reductions to programs, projects or 
     activities within this account.
       Sec. 8019. None of the funds available to the Department of 
     Defense may be used to demilitarize or dispose of M-1 
     Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles, 
     .30 caliber rifles, or M-1911 pistols.
       Sec. 8020. No more than $500,000 of the funds appropriated 
     or made available in this Act shall be used during a single 
     fiscal year for any single relocation of an organization, 
     unit, activity or function of the Department of Defense into 
     or within the National Capital Region: Provided, That the 
     Secretary of Defense may waive this restriction on a case-by-
     case basis by certifying in writing to the congressional 
     defense committees that such a relocation is required in the 
     best interest of the Government.
       Sec. 8021. In addition to the funds provided elsewhere in 
     this Act, $8,000,000 is appropriated only for incentive 
     payments authorized by section 504 of the Indian Financing 
     Act of 1974 (25 U.S.C. 1544): Provided, That a prime 
     contractor or a subcontractor at any tier that makes a 
     subcontract award to any subcontractor or supplier as defined 
     in section 1544 of title 25, United States Code or a small 
     business owned and controlled by an individual or individuals 
     defined under section 4221(9) of title 25, United States Code 
     shall be considered a contractor for the purposes of being 
     allowed additional compensation under section 504 of the 
     Indian Financing Act of 1974 (25 U.S.C. 1544) whenever the 
     prime contract or subcontract amount is over $500,000 and 
     involves the expenditure of funds appropriated by an Act 
     making Appropriations for the Department of Defense with 
     respect to any fiscal year: Provided further, That 
     notwithstanding section 430 of title 41, United States Code, 
     this section shall be applicable to any Department of Defense 
     acquisition of supplies or services, including any contract 
     and any subcontract at any tier for acquisition of commercial 
     items produced or manufactured, in whole or in part by any 
     subcontractor or supplier defined in section 1544 of title 
     25, United States Code or a small business owned and 
     controlled by an individual or individuals defined under 
     section 4221(9) of title 25, United States Code: Provided 
     further, That, during the current fiscal year and hereafter, 
     businesses certified as 8(a) by the Small Business 
     Administration pursuant to section 8(a)(15) of Public Law 85-
     536, as amended, shall have the same status as other program 
     participants under section 602 of Public Law 100-656, 102 
     Stat. 3825 (Business Opportunity Development Reform Act of 
     1988) for purposes of contracting with agencies of the 
     Department of Defense.
       Sec. 8022. None of the funds appropriated by this Act shall 
     be available to perform any cost study pursuant to the 
     provisions of OMB Circular A-76 if the study being performed 
     exceeds a period of 24 months after initiation of such study 
     with respect to a single function activity or 30 months after 
     initiation of such study for a multi-function activity.
       Sec. 8023. Funds appropriated by this Act for the American 
     Forces Information Service shall not be used for any national 
     or international political or psychological activities.
       Sec. 8024. Notwithstanding any other provision of law or 
     regulation, the Secretary of Defense may adjust wage rates 
     for civilian employees hired for certain health care 
     occupations as authorized for the Secretary of Veterans 
     Affairs by section 7455 of title 38, United States Code.
       Sec. 8025. The Secretary of Defense, acting through the 
     Office of Economic Adjustment of the Department of Defense, 
     may use funds made available in this Act under the heading 
     ``Operation and Maintenance, Defense-Wide'' to make grants 
     and supplement other Federal funds in accordance with the 
     guidance provided in the report of the Committee on 
     Appropriations of the Senate accompanying this Act, and the 
     projects specified in such guidance shall be considered to be 
     authorized by law.
       Sec. 8026. During the current fiscal year, the Department 
     of Defense is authorized to incur obligations of not to 
     exceed $350,000,000 for purposes specified in section 
     2350j(c) of title 10, United States Code, in anticipation of 
     receipt of contributions, only from the Government of Kuwait, 
     under that section: Provided, That upon receipt, such 
     contributions from the Government of Kuwait shall be credited 
     to the appropriations or fund which incurred such 
     obligations.


                     (including transfer of funds)

       Sec. 8027. (a) Of the funds made available in this Act, not 
     less than $31,109,000 shall be available for the Civil Air 
     Patrol Corporation, of which--
       (1) $24,288,000 shall be available from ``Operation and 
     Maintenance, Air Force'' to support Civil Air Patrol 
     Corporation operation and maintenance, readiness, counterdrug 
     activities, and drug demand reduction activities involving 
     youth programs;
       (2) $6,000,000 shall be available from ``Aircraft 
     Procurement, Air Force''; and
       (3) $821,000 shall be available from ``Other Procurement, 
     Air Force'' for vehicle procurement.
       (b) The Secretary of the Air Force should waive 
     reimbursement for any funds used by the Civil Air Patrol for 
     counter-drug activities in support of Federal, State, and 
     local government agencies.
       Sec. 8028. (a) None of the funds appropriated in this Act 
     are available to establish a new Department of Defense 
     (department) federally funded research and development center 
     (FFRDC), either as a new entity, or as a separate entity 
     administrated by an organization managing another FFRDC, or 
     as a nonprofit membership corporation consisting of a 
     consortium of other FFRDCs and other non-profit entities.
       (b) No member of a Board of Directors, Trustees, Overseers, 
     Advisory Group, Special Issues Panel, Visiting Committee, or 
     any similar entity of a defense FFRDC, and no paid consultant 
     to any defense FFRDC, except when acting in a technical 
     advisory capacity, may be compensated for his or her services 
     as a member of such entity, or as a paid consultant by more 
     than one FFRDC in a fiscal year: Provided, That a member of 
     any such entity referred to previously in this subsection 
     shall be allowed

[[Page 21676]]

     travel expenses and per diem as authorized under the Federal 
     Joint Travel Regulations, when engaged in the performance of 
     membership duties.
       (c) Notwithstanding any other provision of law, none of the 
     funds available to the department from any source during 
     fiscal year 2006 may be used by a defense FFRDC, through a 
     fee or other payment mechanism, for construction of new 
     buildings, for payment of cost sharing for projects funded by 
     Government grants, for absorption of contract overruns, or 
     for certain charitable contributions, not to include employee 
     participation in community service and/or development.
       (d) Notwithstanding any other provision of law, of the 
     funds available to the department during fiscal year 2006, 
     not more than 5,500 staff years of technical effort (staff 
     years) may be funded for defense FFRDCs: Provided, That of 
     the specific amount referred to previously in this 
     subsection, not more than 1,050 staff years may be funded for 
     the defense studies and analysis FFRDCs: Provided further, 
     That this subsection shall not apply to staff years funded in 
     the National Intelligence Program (NIP).
       (e) The Secretary of Defense shall, with the submission of 
     the department's fiscal year 2007 budget request, submit a 
     report presenting the specific amounts of staff years of 
     technical effort to be allocated for each defense FFRDC 
     during that fiscal year.
       (f) Notwithstanding any other provision of this Act, the 
     total amount appropriated in this Act for FFRDCs is hereby 
     reduced by $51,600,000.
       Sec. 8029. None of the funds appropriated or made available 
     in this Act shall be used to procure carbon, alloy or armor 
     steel plate for use in any Government-owned facility or 
     property under the control of the Department of Defense which 
     were not melted and rolled in the United States or Canada: 
     Provided, That these procurement restrictions shall apply to 
     any and all Federal Supply Class 9515, American Society of 
     Testing and Materials (ASTM) or American Iron and Steel 
     Institute (AISI) specifications of carbon, alloy or armor 
     steel plate: Provided further, That the Secretary of the 
     military department responsible for the procurement may waive 
     this restriction on a case-by-case basis by certifying in 
     writing to the Committees on Appropriations of the House of 
     Representatives and the Senate that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes: Provided further, That these restrictions 
     shall not apply to contracts which are in being as of the 
     date of the enactment of this Act.
       Sec. 8030. For the purposes of this Act, the term 
     ``congressional defense committees'' means the Armed Services 
     Committee of the House of Representatives, the Armed Services 
     Committee of the Senate, the Subcommittee on Defense of the 
     Committee on Appropriations of the Senate, and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the House of Representatives.
       Sec. 8031. During the current fiscal year, the Department 
     of Defense may acquire the modification, depot maintenance 
     and repair of aircraft, vehicles and vessels as well as the 
     production of components and other Defense-related articles, 
     through competition between Department of Defense depot 
     maintenance activities and private firms: Provided, That the 
     Senior Acquisition Executive of the military department or 
     Defense Agency concerned, with power of delegation, shall 
     certify that successful bids include comparable estimates of 
     all direct and indirect costs for both public and private 
     bids: Provided further, That Office of Management and Budget 
     Circular A-76 shall not apply to competitions conducted under 
     this section.
       Sec. 8032. (a)(1) If the Secretary of Defense, after 
     consultation with the United States Trade Representative, 
     determines that a foreign country which is party to an 
     agreement described in paragraph (2) has violated the terms 
     of the agreement by discriminating against certain types of 
     products produced in the United States that are covered by 
     the agreement, the Secretary of Defense shall rescind the 
     Secretary's blanket waiver of the Buy American Act with 
     respect to such types of products produced in that foreign 
     country.
       (2) An agreement referred to in paragraph (1) is any 
     reciprocal defense procurement memorandum of understanding, 
     between the United States and a foreign country pursuant to 
     which the Secretary of Defense has prospectively waived the 
     Buy American Act for certain products in that country.
       (b) The Secretary of Defense shall submit to the Congress a 
     report on the amount of Department of Defense purchases from 
     foreign entities in fiscal year 2006. Such report shall 
     separately indicate the dollar value of items for which the 
     Buy American Act was waived pursuant to any agreement 
     described in subsection (a)(2), the Trade Agreement Act of 
     1979 (19 U.S.C. 2501 et seq.), or any international agreement 
     to which the United States is a party.
       (c) For purposes of this section, the term ``Buy American 
     Act'' means title III of the Act entitled ``An Act making 
     appropriations for the Treasury and Post Office Departments 
     for the fiscal year ending June 30, 1934, and for other 
     purposes'', approved March 3, 1933 (41 U.S.C. 10a et seq.).
       Sec. 8033. Appropriations contained in this Act that remain 
     available at the end of the current fiscal year, and at the 
     end of each fiscal year hereafter, as a result of energy cost 
     savings realized by the Department of Defense shall remain 
     available for obligation for the next fiscal year to the 
     extent, and for the purposes, provided in section 2865 of 
     title 10, United States Code.
       Sec. 8034. None of the funds in this Act may be used for 
     research, development, test, evaluation, procurement or 
     deployment of nuclear armed interceptors of a missile defense 
     system.
       Sec. 8035. None of the funds appropriated in this Act shall 
     be used to study, demonstrate, or implement any plans 
     privatizing, divesting or transferring of any Civil Works 
     missions, functions, or responsibilities for the United 
     States Army Corps of Engineers to other government agencies 
     without specific direction in a subsequent Act of Congress.
       Sec. 8036. The President shall include with each budget for 
     a fiscal year submitted to the Congress under section 1105 of 
     title 31, and hereafter, United States Code, materials that 
     shall identify clearly and separately the amounts requested 
     in the budget for appropriation for that fiscal year for 
     salaries and expenses related to administrative activities of 
     the Department of Defense, the military departments, and the 
     defense agencies.
       Sec. 8037. Notwithstanding any other provision of law, 
     funds available during the current fiscal year and hereafter 
     for ``Drug Interdiction and Counter-Drug Activities, 
     Defense'' may be obligated for the Young Marines program.


                     (including transfer of funds)

       Sec. 8038. During the current fiscal year, amounts 
     contained in the Department of Defense Overseas Military 
     Facility Investment Recovery Account established by section 
     2921(c)(1) of the National Defense Authorization Act of 1991 
     (Public Law 101-510; 10 U.S.C. 2687 note) shall be available 
     until expended for the payments specified by section 
     2921(c)(2) of that Act.
       Sec. 8039. (a) In General.--Notwithstanding any other 
     provision of law, the Secretary of the Air Force may convey 
     at no cost to the Air Force, without consideration, to Indian 
     tribes located in the States of North Dakota, South Dakota, 
     Montana, and Minnesota relocatable military housing units 
     located at Grand Forks Air Force Base and Minot Air Force 
     Base that are excess to the needs of the Air Force.
       (b) Processing of Requests.--The Secretary of the Air Force 
     shall convey, at no cost to the Air Force, military housing 
     units under subsection (a) in accordance with the request for 
     such units that are submitted to the Secretary by the 
     Operation Walking Shield Program on behalf of Indian tribes 
     located in the States of North Dakota, South Dakota, Montana, 
     and Minnesota.
       (c) Resolution of Housing Unit Conflicts.--The Operation 
     Walking Shield Program shall resolve any conflicts among 
     requests of Indian tribes for housing units under subsection 
     (a) before submitting requests to the Secretary of the Air 
     Force under subsection (b).
       (d) Indian Tribe Defined.--In this section, the term 
     ``Indian tribe'' means any recognized Indian tribe included 
     on the current list published by the Secretary of the 
     Interior under section 104 of the Federally Recognized Indian 
     Tribe Act of 1994 (Public Law 103-454; 108 Stat. 4792; 25 
     U.S.C. 479a-1).
       Sec. 8040. During the current fiscal year, appropriations 
     which are available to the Department of Defense for 
     operation and maintenance may be used to purchase items 
     having an investment item unit cost of not more than 
     $250,000.
       Sec. 8041. (a) During the current fiscal year, none of the 
     appropriations or funds available to the Department of 
     Defense Working Capital Funds shall be used for the purchase 
     of an investment item for the purpose of acquiring a new 
     inventory item for sale or anticipated sale during the 
     current fiscal year or a subsequent fiscal year to customers 
     of the Department of Defense Working Capital Funds if such an 
     item would not have been chargeable to the Department of 
     Defense Business Operations Fund during fiscal year 1994 and 
     if the purchase of such an investment item would be 
     chargeable during the current fiscal year to appropriations 
     made to the Department of Defense for procurement.
       (b) The fiscal year 2007 budget request for the Department 
     of Defense as well as all justification material and other 
     documentation supporting the fiscal year 2007 Department of 
     Defense budget shall be prepared and submitted to the 
     Congress on the basis that any equipment which was classified 
     as an end item and funded in a procurement appropriation 
     contained in this Act shall be budgeted for in a proposed 
     fiscal year 2007 procurement appropriation and not in the 
     supply management business area or any other area or category 
     of the Department of Defense Working Capital Funds.
       Sec. 8042. None of the funds appropriated by this Act for 
     programs of the Central Intelligence Agency shall remain 
     available for obligation beyond the current fiscal year, 
     except for funds appropriated for the Reserve for 
     Contingencies, which shall remain available until September 
     30, 2007: Provided, That funds appropriated, transferred, or 
     otherwise credited to the Central Intelligence Agency Central 
     Services Working Capital Fund during this or any prior or 
     subsequent fiscal year shall remain available until expended: 
     Provided further, That any funds appropriated or transferred 
     to the Central Intelligence Agency for advanced research and 
     development acquisition, for agent operations, and for covert 
     action programs authorized by the President under section 503 
     of the National Security Act of 1947, as amended, shall 
     remain available until September 30, 2007.
       Sec. 8043. Notwithstanding any other provision of law, 
     funds made available in this Act for the Defense Intelligence 
     Agency may be used for

[[Page 21677]]

     the design, development, and deployment of General Defense 
     Intelligence Program intelligence communications and 
     intelligence information systems for the Services, the 
     Unified and Specified Commands, and the component commands.
       Sec. 8044. Of the funds appropriated to the Department of 
     Defense under the heading ``Operation and Maintenance, 
     Defense-Wide'', not less than $10,000,000 shall be made 
     available only for the mitigation of environmental impacts, 
     including training and technical assistance to tribes, 
     related administrative support, the gathering of information, 
     documenting of environmental damage, and developing a system 
     for prioritization of mitigation and cost to complete 
     estimates for mitigation, on Indian lands resulting from 
     Department of Defense activities.
       Sec. 8045. (a) None of the funds appropriated in this Act 
     may be expended by an entity of the Department of Defense 
     unless the entity, in expending the funds, complies with the 
     Buy American Act. For purposes of this subsection, the term 
     ``Buy American Act'' means title III of the Act entitled ``An 
     Act making appropriations for the Treasury and Post Office 
     Departments for the fiscal year ending June 30, 1934, and for 
     other purposes'', approved March 3, 1933 (41 U.S.C. 10a et 
     seq.).
       (b) If the Secretary of Defense determines that a person 
     has been convicted of intentionally affixing a label bearing 
     a ``Made in America'' inscription to any product sold in or 
     shipped to the United States that is not made in America, the 
     Secretary shall determine, in accordance with section 2410f 
     of title 10, United States Code, whether the person should be 
     debarred from contracting with the Department of Defense.
       (c) In the case of any equipment or products purchased with 
     appropriations provided under this Act, it is the sense of 
     the Congress that any entity of the Department of Defense, in 
     expending the appropriation, purchase only American-made 
     equipment and products, provided that American-made equipment 
     and products are cost-competitive, quality-competitive, and 
     available in a timely fashion.
       Sec. 8046. None of the funds appropriated by this Act shall 
     be available for a contract for studies, analysis, or 
     consulting services entered into without competition on the 
     basis of an unsolicited proposal unless the head of the 
     activity responsible for the procurement determines--
       (1) as a result of thorough technical evaluation, only one 
     source is found fully qualified to perform the proposed work;
       (2) the purpose of the contract is to explore an 
     unsolicited proposal which offers significant scientific or 
     technological promise, represents the product of original 
     thinking, and was submitted in confidence by one source; or
       (3) the purpose of the contract is to take advantage of 
     unique and significant industrial accomplishment by a 
     specific concern, or to insure that a new product or idea of 
     a specific concern is given financial support: Provided, That 
     this limitation shall not apply to contracts in an amount of 
     less than $25,000,000, contracts related to improvements of 
     equipment that is in development or production, or contracts 
     as to which a civilian official of the Department of Defense, 
     who has been confirmed by the Senate, determines that the 
     award of such contract is in the interest of the national 
     defense.
       Sec. 8047. (a) Except as provided in subsection (b) and 
     (c), none of the funds made available by this Act may be 
     used--
       (1) to establish a field operating agency; or
       (2) to pay the basic pay of a member of the Armed Forces or 
     civilian employee of the department who is transferred or 
     reassigned from a headquarters activity if the member or 
     employee's place of duty remains at the location of that 
     headquarters.
       (b) The Secretary of Defense or Secretary of a military 
     department may waive the limitations in subsection (a), on a 
     case-by-case basis, if the Secretary determines, and 
     certifies to the Committees on Appropriations of the House of 
     Representatives and Senate that the granting of the waiver 
     will reduce the personnel requirements or the financial 
     requirements of the department.
       (c) This section does not apply to--
       (1) field operating agencies funded within the National 
     Intelligence Program; or
       (2) an Army field operating agency established to 
     eliminate, mitigate, or counter the effects of improvised 
     explosive devices, and, as determined by the Secretary of the 
     Army, other similar threats.
       Sec. 8048. Up to $3,000,000 of the funds appropriated in 
     Title II of this Act under the heading, ``Operation and 
     Maintenance, Army'', may be made available to contract with 
     the Army Historical Foundation, a non profit organization, 
     for services required to solicit non-Federal donations to 
     support construction and operation of the National Museum of 
     the United States Army at Fort Belvoir, Virginia: Provided, 
     That notwithstanding any other provision of law, the Army is 
     authorized to receive future payments in this or the 
     subsequent fiscal year from any non-profit organization 
     chartered to support the National Museum of the United States 
     Army to reimburse amounts expended by the Army pursuant to 
     this section: Provided further, That any reimbursements 
     received pursuant to this section shall be merged with 
     ``Operation and Maintenance, Army'' and shall be made 
     available for the same purposes and for the same time period 
     as that appropriation account.


                             (rescissions)

       Sec. 8049. Of the funds appropriated in Department of 
     Defense Appropriations Acts, the following funds are hereby 
     rescinded from the following accounts and programs in the 
     specified amounts:
       ``Other Procurement, Army, 2005/2007'', $68,500,000;
       ``Aircraft Procurement, Navy, 2005/2007'', $104,800,000;
       ``Shipbuilding and Conversion, Navy, 2005/2009'', 
     $67,300,000;
       ``Other Procurement, Navy, 2005/2007'', $43,000,000;
       ``Aircraft Procurement, Air Force, 2004/2006'', $4,000,000;
       ``Aircraft Procurement, Air Force, 2005/2007'', 
     $20,000,000;
       ``Missile Procurement, Air Force, 2005/2007'', $29,000,000;
       ``Research, Development, Test and Evaluation, Army, 2005/
     2006'', $25,900,000;
       ``Research, Development, Test and Evaluation, Navy, 2005/
     2006'', $70,900,000; and
       ``Research, Development, Test and Evaluation, Air Force, 
     2005/2006'', $63,400,000.
       Sec. 8050. None of the funds available in this Act may be 
     used to reduce the authorized positions for military 
     (civilian) technicians of the Army National Guard, the Air 
     National Guard, Army Reserve and Air Force Reserve for the 
     purpose of applying any administratively imposed civilian 
     personnel ceiling, freeze, or reduction on military 
     (civilian) technicians, unless such reductions are a direct 
     result of a reduction in military force structure.
       Sec. 8051. None of the funds appropriated or otherwise made 
     available in this Act may be obligated or expended for 
     assistance to the Democratic People's Republic of North Korea 
     unless specifically appropriated for that purpose.
       Sec. 8052. During the current fiscal year and hereafter, 
     funds appropriated in this Act are available to compensate 
     members of the National Guard for duty performed pursuant to 
     a plan submitted by a Governor of a State and approved by the 
     Secretary of Defense under section 112 of title 32, United 
     States Code: Provided, That during the performance of such 
     duty, the members of the National Guard shall be under State 
     command and control: Provided further, That such duty shall 
     be treated as full-time National Guard duty for purposes of 
     sections 12602(a)(2) and (b)(2) of title 10, United States 
     Code.
       Sec. 8053. Funds appropriated in this Act for operation and 
     maintenance of the Military Departments, Combatant Commands 
     and Defense Agencies shall be available for reimbursement of 
     pay, allowances and other expenses which would otherwise be 
     incurred against appropriations for the National Guard and 
     Reserve when members of the National Guard and Reserve 
     provide intelligence or counterintelligence support to 
     Combatant Commands, Defense Agencies and Joint Intelligence 
     Activities, including the activities and programs included 
     within the National Intelligence Program (NIP), the Joint 
     Military Intelligence Program (JMIP), and the Tactical 
     Intelligence and Related Activities (TIARA) aggregate: 
     Provided, That nothing in this section authorizes deviation 
     from established Reserve and National Guard personnel and 
     training procedures.
       Sec. 8054. During the current fiscal year, none of the 
     funds appropriated in this Act may be used to reduce the 
     civilian medical and medical support personnel assigned to 
     military treatment facilities below the September 30, 2003 
     level: Provided, That the Service Surgeons General may waive 
     this section by certifying to the congressional defense 
     committees that the beneficiary population is declining in 
     some catchment areas and civilian strength reductions may be 
     consistent with responsible resource stewardship and 
     capitation-based budgeting.
       Sec. 8055. Up to $2,000,000 of the funds appropriated under 
     the heading, ``Operation and Maintenance, Navy'' may be made 
     available to contract for the installation, repair, and 
     maintenance of an on-base and adjacent off-base wastewater/
     treatment facility and infrastructure critical to base 
     operations and the public health and safety of community 
     residents in the vicinity of the NCTAMS.
       Sec. 8056. Notwithstanding any other provision of law, that 
     not more than 35 percent of funds provided in this Act for 
     environmental remediation may be obligated under indefinite 
     delivery/indefinite quantity contracts with a total contract 
     value of $130,000,000 or higher.
       Sec. 8057. (a) None of the funds available to the 
     Department of Defense for any fiscal year for drug 
     interdiction or counter-drug activities may be transferred to 
     any other department or agency of the United States except as 
     specifically provided in an appropriations law.
       (b) None of the funds available to the Central Intelligence 
     Agency for any fiscal year for drug interdiction and counter-
     drug activities may be transferred to any other department or 
     agency of the United States except as specifically provided 
     in an appropriations law.


                          (transfer of funds)

       Sec. 8058. Appropriations available under the heading 
     ``Operation and Maintenance, Defense-Wide'' for the current 
     fiscal year and hereafter for increasing energy and water 
     efficiency in Federal buildings may, during their period of 
     availability, be transferred to other appropriations or funds 
     of the Department of Defense for projects related to 
     increasing energy and water efficiency, to be merged with and 
     to be available for the same general purposes, and for the 
     same time period, as the appropriation or fund to which 
     transferred.
       Sec. 8059. None of the funds appropriated by this Act may 
     be used for the procurement of ball and roller bearings other 
     than those produced by a domestic source and of domestic 
     origin: Provided, That the Secretary of the military 
     department responsible for such procurement may

[[Page 21678]]

     waive this restriction on a case-by-case basis by certifying 
     in writing to the Committees on Appropriations of the House 
     of Representatives and the Senate, that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes: Provided further, That this restriction 
     shall not apply to the purchase of ``commercial items'', as 
     defined by section 4(12) of the Office of Federal Procurement 
     Policy Act, except that the restriction shall apply to ball 
     or roller bearings purchased as end items.
       Sec. 8060. Notwithstanding any other provision of law, 
     funds available to the Department of Defense shall be made 
     available to provide transportation of medical supplies and 
     equipment, on a nonreimbursable basis, to American Samoa, and 
     funds available to the Department of Defense shall be made 
     available to provide transportation of medical supplies and 
     equipment, on a nonreimbursable basis, to the Indian Health 
     Service when it is in conjunction with a civil-military 
     project.
       Sec. 8061. None of the funds in this Act may be used to 
     purchase any supercomputer which is not manufactured in the 
     United States, unless the Secretary of Defense certifies to 
     the congressional defense committees that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes that is not available from United States 
     manufacturers.
       Sec. 8062. Notwithstanding any other provision of law, each 
     contract awarded by the Department of Defense during the 
     current fiscal year for construction or service performed in 
     whole or in part in a State (as defined in section 381(d) of 
     title 10, United States Code) which is not contiguous with 
     another State and has an unemployment rate in excess of the 
     national average rate of unemployment as determined by the 
     Secretary of Labor, shall include a provision requiring the 
     contractor to employ, for the purpose of performing that 
     portion of the contract in such State that is not contiguous 
     with another State, individuals who are residents of such 
     State and who, in the case of any craft or trade, possess or 
     would be able to acquire promptly the necessary skills: 
     Provided, That the Secretary of Defense may waive the 
     requirements of this section, on a case-by-case basis, in the 
     interest of national security.
       Sec. 8063. None of the funds made available in this or any 
     other Act may be used to pay the salary of any officer or 
     employee of the Department of Defense who approves or 
     implements the transfer of administrative responsibilities or 
     budgetary resources of any program, project, or activity 
     financed by this Act to the jurisdiction of another Federal 
     agency not financed by this Act without the express 
     authorization of Congress: Provided, That this limitation 
     shall not apply to transfers of funds expressly provided for 
     in Defense Appropriations Acts, or provisions of Acts 
     providing supplemental appropriations for the Department of 
     Defense.
       Sec. 8064. (a) Limitation on Transfer of Defense Articles 
     and Services.--Notwithstanding any other provision of law, 
     none of the funds available to the Department of Defense for 
     the current fiscal year may be obligated or expended to 
     transfer to another nation or an international organization 
     any defense articles or services (other than intelligence 
     services) for use in the activities described in subsection 
     (b) unless the congressional defense committees, the 
     Committee on International Relations of the House of 
     Representatives, and the Committee on Foreign Relations of 
     the Senate are notified 15 days in advance of such transfer.
       (b) Covered Activities.--This section applies to--
       (1) any international peacekeeping or peace-enforcement 
     operation under the authority of chapter VI or chapter VII of 
     the United Nations Charter under the authority of a United 
     Nations Security Council resolution; and
       (2) any other international peacekeeping, peace-
     enforcement, or humanitarian assistance operation.
       (c) Required Notice.--A notice under subsection (a) shall 
     include the following:
       (1) A description of the equipment, supplies, or services 
     to be transferred.
       (2) A statement of the value of the equipment, supplies, or 
     services to be transferred.
       (3) In the case of a proposed transfer of equipment or 
     supplies--
       (A) a statement of whether the inventory requirements of 
     all elements of the Armed Forces (including the reserve 
     components) for the type of equipment or supplies to be 
     transferred have been met; and
       (B) a statement of whether the items proposed to be 
     transferred will have to be replaced and, if so, how the 
     President proposes to provide funds for such replacement.
       Sec. 8065. (a) The total amount appropriated or otherwise 
     made available in title II of this Act is hereby reduced by 
     $92,000,000 to limit excessive growth in the travel and 
     transportation of persons.
       (b) The Secretary of Defense shall allocate this reduction 
     proportionately to each budget activity, activity group, 
     subactivity group, and each program, project, and activity 
     within each applicable appropriation account.
       Sec. 8066. None of the funds available to the Department of 
     Defense under this Act shall be obligated or expended to pay 
     a contractor under a contract with the Department of Defense 
     for costs of any amount paid by the contractor to an employee 
     when--
       (1) such costs are for a bonus or otherwise in excess of 
     the normal salary paid by the contractor to the employee; and
       (2) such bonus is part of restructuring costs associated 
     with a business combination.
       Sec. 8067. None of the funds provided in this Act may be 
     obligated to realign or relocate forces or operational assets 
     from bases to be converted to enclave status until the 
     Secretary of Defense certifies that he has sought new 
     missions for these bases as mandated by the 2005 Defense Base 
     Closure and Realignment Commission: Provided, That the 
     Secretary of Defense shall report his findings to the 
     congressional defense committees not later than October 1, 
     2006.


                     (including transfer of funds)

       Sec. 8068. During the current fiscal year, no more than 
     $30,000,000 of appropriations made in this Act under the 
     heading ``Operation and Maintenance, Defense-Wide'' may be 
     transferred to appropriations available for the pay of 
     military personnel, to be merged with, and to be available 
     for the same time period as the appropriations to which 
     transferred, to be used in support of such personnel in 
     connection with support and services for eligible 
     organizations and activities outside the Department of 
     Defense pursuant to section 2012 of title 10, United States 
     Code.
       Sec. 8069. During the current fiscal year, in the case of 
     an appropriation account of the Department of Defense for 
     which the period of availability for obligation has expired 
     or which has closed under the provisions of section 1552 of 
     title 31, United States Code, and which has a negative 
     unliquidated or unexpended balance, an obligation or an 
     adjustment of an obligation may be charged to any current 
     appropriation account for the same purpose as the expired or 
     closed account if--
       (1) the obligation would have been properly chargeable 
     (except as to amount) to the expired or closed account before 
     the end of the period of availability or closing of that 
     account;
       (2) the obligation is not otherwise properly chargeable to 
     any current appropriation account of the Department of 
     Defense; and
       (3) in the case of an expired account, the obligation is 
     not chargeable to a current appropriation of the Department 
     of Defense under the provisions of section 1405(b)(8) of the 
     National Defense Authorization Act for Fiscal Year 1991, 
     Public Law 101-510, as amended (31 U.S.C. 1551 note): 
     Provided, That in the case of an expired account, if 
     subsequent review or investigation discloses that there was 
     not in fact a negative unliquidated or unexpended balance in 
     the account, any charge to a current account under the 
     authority of this section shall be reversed and recorded 
     against the expired account: Provided further, That the total 
     amount charged to a current appropriation under this section 
     may not exceed an amount equal to 1 percent of the total 
     appropriation for that account.
       Sec. 8070. Notwithstanding section 12310(b) of title 10, 
     United States Code, a Reserve who is a member of the National 
     Guard serving on full-time National Guard duty under section 
     502(f) of Title 32 may perform duties in support of the 
     ground-based elements of the National Ballistic Missile 
     Defense System.
       Sec. 8071. (a) Notwithstanding any other provision of law, 
     the Chief of the National Guard Bureau may permit the use of 
     equipment of the National Guard Distance Learning Project by 
     any person or entity on a space-available, reimbursable 
     basis. The Chief of the National Guard Bureau shall establish 
     the amount of reimbursement for such use on a case-by-case 
     basis.
       (b) Amounts collected under subsection (a) shall be 
     credited to funds available for the National Guard Distance 
     Learning Project and be available to defray the costs 
     associated with the use of equipment of the project under 
     that subsection. Such funds shall be available for such 
     purposes without fiscal year limitation.
       Sec. 8072. Using funds available by this Act or any other 
     Act, the Secretary of the Air Force, pursuant to a 
     determination under section 2690 of title 10, United States 
     Code, may implement cost-effective agreements for required 
     heating facility modernization in the Kaiserslautern Military 
     Community in the Federal Republic of Germany: Provided, That 
     in the City of Kaiserslautern such agreements will include 
     the use of United States anthracite as the base load energy 
     for municipal district heat to the United States Defense 
     installations: Provided further, That at Landstuhl Army 
     Regional Medical Center and Ramstein Air Base, furnished heat 
     may be obtained from private, regional or municipal services, 
     if provisions are included for the consideration of United 
     States coal as an energy source.
       Sec. 8073. None of the funds appropriated in title IV of 
     this Act may be used to procure end-items for delivery to 
     military forces for operational training, operational use or 
     inventory requirements: Provided, That this restriction does 
     not apply to end-items used in development, prototyping, and 
     test activities preceding and leading to acceptance for 
     operational use: Provided further, That this restriction does 
     not apply to programs funded within the National Intelligence 
     Program: Provided further, That the Secretary of Defense may 
     waive this restriction on a case-by-case basis by certifying 
     in writing to the Committees on Appropriations of the House 
     of Representatives and the Senate that it is in the national 
     security interest to do so.
       Sec. 8074. None of the funds made available in this Act may 
     be used to approve or license the sale of the F-22 advanced 
     tactical fighter to any foreign government.
       Sec. 8075. (a) The Secretary of Defense may, on a case-by-
     case basis, waive with respect to a foreign country each 
     limitation on the procurement of defense items from foreign 
     sources provided in law if the Secretary determines that the 
     application of the limitation with respect to that

[[Page 21679]]

     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 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

[[Page 21680]]

     that armor piercing projectiles are either: (1) rendered 
     incapable of reuse by the demilitarization process; or (2) 
     used to manufacture ammunition pursuant to a contract with 
     the Department of Defense or the manufacture of ammunition 
     for export pursuant to a License for Permanent Export of 
     Unclassified Military Articles issued by the Department of 
     State.
       Sec. 8086. Notwithstanding any other provision of law, the 
     Chief of the National Guard Bureau, or his designee, may 
     waive payment of all or part of the consideration that 
     otherwise would be required under section 2667 of title 10, 
     United States Code, in the case of a lease of personal 
     property for a period not in excess of 1 year to any 
     organization specified in 32 U.S.C. 508(d), or any other 
     youth, social, or fraternal non-profit organization as may be 
     approved by the Chief of the National Guard Bureau, or his 
     designee, on a case-by-case basis.
       Sec. 8087. None of the funds appropriated by this Act shall 
     be used for the support of any nonappropriated funds activity 
     of the Department of Defense that procures malt beverages and 
     wine with nonappropriated funds for resale (including such 
     alcoholic beverages sold by the drink) on a military 
     installation located in the United States unless such malt 
     beverages and wine are procured within that State, or in the 
     case of the District of Columbia, within the District of 
     Columbia, in which the military installation is located: 
     Provided, That in a case in which the military installation 
     is located in more than one State, purchases may be made in 
     any State in which the installation is located: Provided 
     further, That such local procurement requirements for malt 
     beverages and wine shall apply to all alcoholic beverages 
     only for military installations in States which are not 
     contiguous with another State: Provided further, That 
     alcoholic beverages other than wine and malt beverages, in 
     contiguous States and the District of Columbia shall be 
     procured from the most competitive source, price and other 
     factors considered.
       Sec. 8088. Up to $2,500,000 of the funds appropriated under 
     the heading ``Operation and Maintenance, Navy'' in this Act 
     for the Pacific Missile Range Facility may be made available 
     to contract for the repair, maintenance, and operation of 
     adjacent off-base water, drainage, and flood control systems, 
     electrical upgrade to support additional missions critical to 
     base operations, and support for a range footprint expansion 
     to further guard against encroachment.
       Sec. 8089. Funds available to the Department of Defense for 
     the Global Positioning System during the current fiscal year 
     may be used to fund civil requirements associated with the 
     satellite and ground control segments of such system's 
     modernization program.


                     (including transfer of funds)

       Sec. 8090. Of the amounts appropriated in this Act under 
     the heading, ``Operation and Maintenance, Army'', 
     $147,900,000 shall remain available until expended: Provided, 
     That notwithstanding any other provision of law, the 
     Secretary of Defense is authorized to transfer such funds to 
     other activities of the Federal Government: Provided further, 
     That the Secretary of Defense is authorized to enter into and 
     carry out contracts for the acquisition of real property, 
     construction, personal services, and operations related to 
     projects described in further detail in the Classified Annex 
     accompanying the Department of Defense Appropriations Act, 
     2006, consistent with the terms and conditions set forth 
     therein: Provided further, That contracts entered into under 
     the authority of this section may provide for such 
     indemnification as the Secretary determines to be necessary: 
     Provided further, That projects authorized by this section 
     shall comply with applicable Federal, State, and local law to 
     the maximum extent consistent with the national security, as 
     determined by the Secretary of Defense.
       Sec. 8091. Section 8106 of the Department of Defense 
     Appropriations Act, 1997 (titles I through VIII of the matter 
     under subsection 101(b) of Public Law 104-208; 110 Stat. 
     3009-111; 10 U.S.C. 113 note) shall continue in effect to 
     apply to disbursements that are made by the Department of 
     Defense in fiscal year 2006.
       Sec. 8092. Amounts appropriated in title II of this Act are 
     hereby reduced by $265,890,000 to reflect savings 
     attributable to efficiencies and management improvements in 
     the funding of miscellaneous or other contracts in the 
     military departments, as follows:
       (1) From ``Operation and Maintenance, Army'', $36,890,000.
       (2) From ``Operation and Maintenance, Navy'', $79,000,000.
       (3) From ``Operation and Maintenance, Air Force'', 
     $150,000,000.
       Sec. 8093. The total amount appropriated or otherwise made 
     available in this Act is hereby reduced by $100,000,000 to 
     limit excessive growth in the procurement of advisory and 
     assistance services, to be distributed as follows:
       ``Operation and Maintenance, Army'', $37,000,000;
       ``Operation and Maintenance, Air Force'', $6,000,000;
       ``Operation and Maintenance, Defense-Wide'', $45,000,000; 
     and
       ``Operation and Maintenance, Army Reserve'', $12,000,000.


                     (including transfer of funds)

       Sec. 8094. Of the amounts appropriated in this Act under 
     the heading ``Research, Development, Test and Evaluation, 
     Defense-Wide'', $143,600,000 shall be made available for the 
     Arrow missile defense program: Provided, That of this amount, 
     $70,000,000 shall be available for the purpose of producing 
     Arrow missile components in the United States and Arrow 
     missile components and missiles in Israel to meet Israel's 
     defense requirements, consistent with each nation's laws, 
     regulations and procedures, and $10,000,000 shall be 
     available for the purpose of the initiation of a joint 
     feasibility study and risk reduction activities designated 
     the Short Range Ballistic Missile Defense (SRBMD) initiative: 
     Provided further, That funds made available under this 
     provision for production of missiles and missile components 
     may be transferred to appropriations available for the 
     procurement of weapons and equipment, to be merged with and 
     to be available for the same time period and the same 
     purposes as the appropriation to which transferred: Provided 
     further, That the transfer authority provided under this 
     provision is in addition to any other transfer authority 
     contained in this Act.


                     (including transfer of funds)

       Sec. 8095. Of the amounts appropriated in this Act under 
     the heading ``Shipbuilding and Conversion, Navy'', 
     $517,523,000 shall be available until September 30, 2006, to 
     fund prior year shipbuilding cost increases: Provided, That 
     upon enactment of this Act, the Secretary of the Navy shall 
     transfer such funds to the following appropriations in the 
     amounts specified: Provided further, That the amounts 
     transferred shall be merged with and be available for the 
     same purposes as the appropriations to which transferred:
       To:
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1998/2006'':
       New SSN, $28,000,000.
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1999/2006'':
       LPD-17 Amphibious Transport Dock Ship Program, $95,000,000;
       New SSN, $72,000,000.
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     2000/2006'':
       LPD-17 Amphibious Transport Dock Ship Program, $94,800,000.
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     2001/2006'':
       Carrier Replacement Program, $145,023,000;
       New SSN, $82,700,000.
       Sec. 8096. The Secretary of the Navy may settle, or 
     compromise, and pay any and all admiralty claims under 
     section 7622 of title 10, United States Code arising out of 
     the collision involving the U.S.S. GREENEVILLE and the EHIME 
     MARU, in any amount and without regard to the monetary 
     limitations in subsections (a) and (b) of that section: 
     Provided, That such payments shall be made from funds 
     available to the Department of the Navy for operation and 
     maintenance.
       Sec. 8097. None of the funds available to the Department of 
     Defense may be obligated to modify command and control 
     relationships to give Fleet Forces Command administrative and 
     operational control of U.S. Navy forces assigned to the 
     Pacific fleet: Provided, That the command and control 
     relationships which existed on October 1, 2004, shall remain 
     in force unless changes are specifically authorized in a 
     subsequent Act.
       Sec. 8098. Notwithstanding any other provision of law or 
     regulation, the Secretary of Defense may exercise the 
     provisions of section 7403(g) of title 38, United States Code 
     for occupations listed in section 7403(a)(2) of title 38, 
     United States Code as well as the following:
       Pharmacists, Audiologists, and Dental Hygienists.
       (A) The requirements of section 7403(g)(1)(A) of title 38, 
     United States Code shall apply.
       (B) The limitations of section 7403(g)(1)(B) of title 38, 
     United States Code shall not apply.
       Sec. 8099. Funds appropriated by this Act, or made 
     available by the transfer of funds in this Act, for 
     intelligence activities are deemed to be specifically 
     authorized by the Congress for purposes of section 504 of the 
     National Security Act of 1947 (50 U.S.C. 414) during fiscal 
     year 2006 until the enactment of the Intelligence 
     Authorization Act for fiscal year 2006.
       Sec. 8100. In addition to funds made available elsewhere in 
     this Act, $5,500,000 is hereby appropriated and shall remain 
     available until expended to provide assistance, by grant or 
     otherwise (such as, but not limited to, the provision of 
     funds for repairs, maintenance, construction, and/or for the 
     purchase of information technology, text books, teaching 
     resources), to public schools that have unusually high 
     concentrations of special needs military dependents enrolled: 
     Provided, That in selecting school systems to receive such 
     assistance, special consideration shall be given to school 
     systems in States that are considered overseas assignments, 
     and all schools within these school systems shall be eligible 
     for assistance: Provided further, That up to 2 percent of the 
     total appropriated funds under this section shall be 
     available to support the administration and execution of the 
     funds or program and/or events that promote the purpose of 
     this appropriation (e.g. payment of travel and per diem of 
     school teachers attending conferences or a meeting that 
     promotes the purpose of this appropriation and/or consultant 
     fees for on-site training of teachers, staff, or Joint 
     Venture Education Forum (JVEF) Committee members): Provided 
     further, That up to $2,000,000 shall be available for the 
     Department of Defense to establish a non-profit trust fund to 
     assist in the public-private funding of public school repair 
     and maintenance projects, or provide directly to non-profit 
     organizations who in return will use these monies to provide 
     assistance in the form of repair, maintenance, or renovation 
     to public school systems that have high concentrations of 
     special needs military dependents and are located in States 
     that are considered overseas assignments: Provided further,

[[Page 21681]]

     That to the extent a Federal agency provides this assistance, 
     by contract, grant, or otherwise, it may accept and expend 
     non-Federal funds in combination with these Federal funds to 
     provide assistance for the authorized purpose, if the non-
     Federal entity requests such assistance and the non-Federal 
     funds are provided on a reimbursable basis.
       Sec. 8101. None of the funds in this Act may be used to 
     initiate a new start program without prior written 
     notification to the Office of Secretary of Defense and the 
     congressional defense committees.
       Sec. 8102. The amounts appropriated in title II of this Act 
     are hereby reduced by $350,000,000 to reflect cash balance 
     and rate stabilization adjustments in Department of Defense 
     Working Capital Funds, as follows:
       (1) From ``Operation and Maintenance, Army'', $100,000,000.
       (2) From ``Operation and Maintenance, Navy'', $150,000,000.
       (3) From ``Operation and Maintenance, Air Force'', 
     $100,000,000.
       Sec. 8103. Financing and Fielding of Key Army 
     Capabilities.--The Department of Defense and the Department 
     of the Army shall make future budgetary and programming plans 
     to fully finance the Non-Line of Sight Future Force cannon 
     and resupply vehicle program (NLOS-C) in order to field this 
     system in fiscal year 2010, consistent with the broader plan 
     to field the Future Combat System (FCS) in fiscal year 2010: 
     Provided, That if the Army is precluded from fielding the FCS 
     program by fiscal year 2010, then the Army shall develop the 
     NLOS-C independent of the broader FCS development timeline to 
     achieve fielding by fiscal year 2010. In addition the Army 
     will deliver eight (8) combat operational pre-production 
     NLOS-C systems by the end of calendar year 2008. These 
     systems shall be in addition to those systems necessary for 
     developmental and operational testing: Provided further, That 
     the Army shall ensure that budgetary and programmatic plans 
     will provide for no fewer than seven (7) Stryker Brigade 
     Combat Teams.
       Sec. 8104. Of the funds made available in this Act, not 
     less than $76,100,000 shall be available to maintain an 
     attrition reserve force of 18 B-52 aircraft, of which 
     $3,900,000 shall be available from ``Military Personnel, Air 
     Force'', $44,300,000 shall be available from ``Operation and 
     Maintenance, Air Force'', and $27,900,000 shall be available 
     from ``Aircraft Procurement, Air Force'': Provided, That the 
     Secretary of the Air Force shall maintain a total force of 94 
     B-52 aircraft, including 18 attrition reserve aircraft, 
     during fiscal year 2006: Provided further, That the Secretary 
     of Defense shall include in the Air Force budget request for 
     fiscal year 2007 amounts sufficient to maintain a B-52 force 
     totaling 94 aircraft.
       Sec. 8105. The Secretary of the Air Force is authorized, 
     using funds available under the heading ``Operation and 
     Maintenance, Air Force'', to complete a phased repair 
     project, which repairs may include upgrades and additions, to 
     the infrastructure of the operational ranges managed by the 
     Air Force in Alaska: Provided, That the total cost of such 
     phased projects shall not exceed $32,000,000.
       Sec. 8106. In addition to the amounts appropriated or 
     otherwise made available elsewhere in this Act, $12,850,000 
     is hereby appropriated to the Department of Defense, to 
     remain available until September 30, 2006: Provided, That the 
     Secretary of Defense shall make grants in the amounts 
     specified as follows: $850,000 to the Fort Des Moines 
     Memorial Park and Education Center; $2,000,000 to the 
     American Civil War Center at Historic Tredegar; $3,000,000 to 
     the Museum of Flight, American Heroes Collection; $1,000,000 
     to the National Guard Youth Foundation; $3,000,000 to the 
     United Services Organization; $2,000,000 to the Dwight D. 
     Eisenhower Memorial Commission; and $1,000,000 to the Iraq 
     Cultural Heritage Assistance Project.


                          (transfer of funds)

       Sec. 8107. The Secretary of Defense may transfer funds from 
     any currently available Department of the Navy appropriation 
     to any available Navy shipbuilding and conversion 
     appropriation for the purpose of funding shipbuilding cost 
     increases for any ship construction program, to be merged 
     with and to be available for the same purposes and for the 
     same time period as the appropriation to which transferred: 
     Provided, That all transfers under this section shall be 
     subject to the notification requirements applicable to 
     transfers under section 8005 of this Act.
       Sec. 8108. The budget of the President for fiscal year 2007 
     submitted to the Congress pursuant to section 1105 of title 
     31, United States Code shall include separate budget 
     justification documents for costs of United States Armed 
     Forces' participation in contingency operations for the 
     Military Personnel accounts, the Operation and Maintenance 
     accounts, and the Procurement accounts: Provided, That these 
     documents shall include a description of the funding 
     requested for each contingency operation, for each military 
     service, to include all Active and Reserve components, and 
     for each appropriations account: Provided further, That these 
     documents shall include estimated costs for each element of 
     expense or object class, a reconciliation of increases and 
     decreases for each contingency operation, and programmatic 
     data including, but not limited to, troop strength for each 
     Active and Reserve component, and estimates of the major 
     weapons systems deployed in support of each contingency: 
     Provided further, That these documents shall include budget 
     exhibits OP-5 and OP-32 (as defined in the Department of 
     Defense Financial Management Regulation) for all contingency 
     operations for the budget year and the two preceding fiscal 
     years.
       Sec. 8109. Of the amounts provided in title II of this Act 
     under the heading, ``Operation and Maintenance, Defense-
     Wide'', $20,000,000 is available for the Regional Defense 
     Counter-terrorism Fellowship Program, to fund the education 
     and training of foreign military officers, ministry of 
     defense civilians, and other foreign security officials, to 
     include United States military officers and civilian 
     officials whose participation directly contributes to the 
     education and training of these foreign students.
       Sec. 8110. None of the funds appropriated or made available 
     in this Act shall be used to reduce or disestablish the 
     operation of the 53rd Weather Reconnaissance Squadron of the 
     Air Force Reserve, if such action would reduce the WC-130 
     Weather Reconnaissance mission below the levels funded in 
     this Act: Provided, That the Air Force shall allow the 53rd 
     Weather Reconnaissance Squadron to perform other missions in 
     support of national defense requirements during the non-
     hurricane season.
       Sec. 8111. None of the funds provided in this Act shall be 
     available for integration of foreign intelligence information 
     unless the information has been lawfully collected and 
     processed during the conduct of authorized foreign 
     intelligence activities: Provided, That information 
     pertaining to United States persons shall only be handled in 
     accordance with protections provided in the Fourth Amendment 
     of the United States Constitution as implemented through 
     Executive Order No. 12333.
       Sec. 8112. For purposes of section 612 of title 41, United 
     States Code, any subdivision of appropriations made under the 
     heading ``Shipbuilding and Conversion, Navy'' that is not 
     closed at the time reimbursement is made shall be available 
     to reimburse the Judgment Fund and shall be considered for 
     the same purposes as any subdivision under the heading 
     ``Shipbuilding and Conversion, Navy'' appropriations in the 
     current fiscal year or any prior fiscal year.


                          (TRANSFER OF FUNDS)

       Sec. 8113. Upon enactment of this Act, the Secretary of 
     Defense shall make the following transfer of funds: Provided, 
     That funds so transferred shall be merged with and shall be 
     available for the same purpose and for the same time period 
     as the appropriation to which transferred: Provided further, 
     That the amounts shall be transferred between the following 
     appropriations in the amounts specified:
       From:
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     2003/2007'':
       For outfitting, post delivery, conversions, and first 
     destination transportation, $3,300,000;
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     2004/2008'':
       For outfitting, post delivery, conversions, and first 
     destination transportation, $6,100,000;
       To:
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     2003/2007'':
       SSGN, $3,300,000.
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     2004/2008'':
       SSGN, $6,100,000.
       Sec. 8114. None of the funds in this Act may be obligated 
     for a classified program as described on page 18 of the 
     compartmented annex to Volume IV of the Fiscal Year 2006 
     National Intelligence Program justification book unless 
     specifically authorized in the Intelligence Authorization Act 
     for Fiscal Year 2006.
       Sec. 8115. (a) The Director of the Office of Management and 
     Budget shall, in coordination with the Secretary of Defense 
     and the Secretary of Homeland Security, conduct a study on 
     improving the response of the Federal Government to 
     disasters.
       (b) The study under subsection (a) shall--
       (1) consider mechanisms for coordinating and expediting 
     disaster response efforts;
       (2) examine the role of the Department of Defense in 
     participating in disaster response efforts, including by 
     providing planning, logistics, and relief and reconstruction 
     assistance;
       (3) consider the establishment of criteria for 
     automatically triggering the participation of the Department 
     of Defense in disaster response efforts; and
       (4) assess the role of the United States Geological Survey 
     in enhancing disaster preparation measures.
       (c) Not later than May 1, 2006, the Director of the Office 
     of Management and Budget shall submit to Congress a report on 
     the study conducted under subsection (a), including--
       (1) recommendations for improving the response of the 
     Federal Government to disasters, including by providing for 
     greater participation by the Department of Defense in 
     response efforts; and
       (2) proposals for any legislation or regulations that the 
     Director determines necessary to implement such 
     recommendations.

            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.

[[Page 21682]]



                     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.

                  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.

[[Page 21683]]

       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 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.

[[Page 21684]]

  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 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.

[[Page 21685]]

  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 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

[[Page 21686]]

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

[[Page 21687]]

part because of the policies we have adopted. I suggest this is not an 
issue we can just throw money at. This is an 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

[[Page 21688]]

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. 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.

                          ____________________