[Congressional Record (Bound Edition), Volume 151 (2005), Part 17]
[Senate]
[Pages 22551-22580]
[From the U.S. Government Publishing Office, www.gpo.gov]




             DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2006

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
Senate will resume consideration of H.R. 2863, which the clerk will 
report.
  The assistant 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.

  Pending:

       Reed/Hagel amendment No. 1943, to transfer certain amounts 
     from the supplemental authorizations of appropriations for 
     Iraq, Afghanistan, and the Global War on Terrorism to amounts 
     for Operation and Maintenance, Army, Operation and 
     Maintenance, Marine Corps, Operation and Maintenance, 
     Defense- wide activities, and Military Personnel in order to 
     provide for increased personnel strengths for the Army and 
     the Marine Corps for fiscal year 2006.

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
Senator from Louisiana, Ms. Landrieu, is recognized until the hour of 
9:15.
  Ms. LANDRIEU. Mr. President, as the majority leader stated a moment 
ago, I also thank Senators Stevens and Inouye, who worked here very 
late last night as we got to the end of the debate on the Defense bill. 
Of course, under the rules we have established, we could speak on that 
bill for up to 30 hours. Those 30 hours will be coming to an end at 
9:15 under the rules of cloture.
  Throughout the 30 hours as we debate this very important bill which 
funds our military men and women and continues their operations moving 
forward and helps to try to find a solution in Iraq and allocates 
resources to keep our military strong, we also have been talking a 
great deal about keeping strong right here at home, particularly 
keeping strong in the areas that need strength and support right now. 
That area, of course, is the gulf coast of our Nation, the great energy 
coast, the great trade coast, the great commerce coast. There are so 
many important parts of that coast, but the largest city, of course, in 
the middle of that coast is New Orleans, my hometown.
  We have spent a lot of time this week talking about how we can get 
the help we have promised to this region, to all the people of this 
region who have suffered. The poor have been crushed, the middle class 
are staggering, and even wealthy individuals with substantial 
businesses wake up every morning in Louisiana, Mississippi, Texas, and 
Alabama thinking, How are we going to get through this day to keep our 
business open, our employees employed,

[[Page 22552]]

and take care of the community we have served so proudly for so long?
  It is very hard to describe the magnitude of the destruction. Nothing 
anyone has seen on television captures it. I have watched a lot of 
television--not as much as I would like because we are busy doing other 
things, but I have seen a lot of what has come over on the television 
from CNN, from FOX, from MSNBC, I have listened to NPR, and I have 
tried to listen to the television. I have been there so many times and 
seen so much myself, I keep thinking I wish there were some way I could 
take a bigger camera or make a 4-hour movie to describe to this Nation 
the depth of the destruction along the gulf coast. Unfortunately, in 
situations such as this we cannot make a movie quickly. There will be 
many movies made and many books written. We cannot make one, though, in 
the next few days or weeks.
  I was very fortunate to find the National Geographic special edition 
to describe our situation as my colleague, Senator Vitter, and I asked 
for help, more direct help, more immediate help, real help that we need 
to begin this long, complicated, difficult, and challenging rebuilding 
effort. I was very fortunate to find this National Geographic issue. We 
have sent copies to all of our colleagues. I thank the National 
Geographic again and mention that I just found out this morning that 
all of the proceeds from the sale of this special edition National 
Geographic entitled ``Katrina, Why It Became A Man-made Disaster, Where 
It Can Happen Next,'' all the proceeds are going to the victims of 
Katrina--and Rita because that storm came after Katrina hit--and will 
go to help the victims along the gulf coast from Texas, Louisiana, 
Mississippi, to Alabama. We so appreciate that effort.
  In searching for ways I could describe the depth of the destruction, 
there are some pictures in National Geographic that give people some 
idea of what we are faced with. Again, these pictures cannot quite tell 
the story. While this looks like blocks and blocks along the gulf 
coast, this is probably the city of Waveland. It could be parts of 
Biloxi. It could be parts of Pass Christian. I am not exactly sure 
where, but it is somewhere along Mississippi. You can tell how pretty 
their beach is. We have a different kind of coastline in Louisiana.
  The reason I have been spending so much time on this Defense bill 
talking about this issue is this is our war. This is our Baghdad. This 
is a picture of parts of New Orleans with water as far as the eye can 
see. There is another picture that shows the city in the background and 
the depths of flood around it. This picture is a graveyard in New 
Orleans. Of course, we bury our dead above ground because there is so 
much water we cannot even dig a few feet down to bury them. This 
picture is one of our graveyards.
  Looking through the National Geographic, when you see the pictures of 
destruction, I don't know if the camera can see the depths of the 
destruction, the industrial canal, the Lower 9th Ward in New Orleans. 
These pictures could be shown from the western side of our State to the 
eastern side of our State, to New Orleans, to the gulf coast of 
Mississippi, into some parts of Alabama, and into some parts of Texas. 
Two million people have been displaced and are searching for high 
ground, for stability, for housing, for jobs. From the cities they 
fled, from communities they fled, in boats a lot like this. They are 
searching for housing, apartments, jobs, safety. Most important, what 
they need is help, real help--not promises, not photo-ops, but real, 
serious help.
  Let me show some other pictures of people who need help. This is a 
gentleman in Lafitte. I would say he needs a little help. He may be 
interested in some tax breaks that people have offered around here. I 
don't know at this exact moment what tax breaks might help him, but a 
fireman would be good or someone who could help drain out some of the 
water--maybe one of his employees from Lafitte, which does not have a 
tax base, who is about ready to go out of business, maybe someone who 
works for the little town of Lafitte that was created by Mayor Tim 
Kerner's father, the father of Lafitte who helped create this town. I 
actually went to his funeral last week. He served with my father. When 
he was mayor of Lafitte, my father was mayor of New Orleans. We went to 
his funeral to pay respects to the family. His son now is mayor of 
Lafitte. I don't know how long he will be mayor because Lafitte does 
not have a tax base to stay in business. This man used to live in 
Lafitte. If this town folds because we cannot get a loan to them, that 
is all they have. I don't know where he goes, but he is looking for 
help.
  This is a woman--I am sorry I don't know her name, but there is a 
picture and description of her in the magazine. This woman looks pretty 
self-reliant to me. She obviously looks troubled and anxious. She is 
doing what she can to carry her two children to safety. People all over 
the gulf coast did this, basically by themselves, with limited support. 
A lot has been said about people not helping people, but David Johnson, 
who was unable to work, is carried from his home in eastern New Orleans 
by Mickey Monceaux. The authorities say the water is leveling off as 
Lake Pontchartrain empties in the gulf. We have had people helping each 
other during this time, being as self-reliant as possible.
  Here is another picture. National guardsman Jon Eric Miletello 
comforts his grandmother. This young man probably--because most of the 
National Guard in Louisiana have pulled triple and double duty in 
Iraq--probably just got back from Iraq. You can see how much he loves 
his grandmother, the way he is looking at her to help her get out of 
the floodwater.
  I don't know what city she lives in, but I can promise you that 
National Guard specialist would appreciate it if this Congress could 
take a billion dollars of the $43 billion that is sitting in a bank 
account going nowhere, doing nothing, and lend it to the cities and the 
towns and communities on the gulf coast to help his grandmother figure 
out what she might do in the next few weeks and months and years. We 
are not certain about what his grandmother's future is, but we would 
like some time to figure it out.
  I know a lot of people have died in Iraq. I have had 42 soldiers die 
in Iraq. Our elected officials have gone to as many funerals as we can 
possibly go to. We have written as many letters to their families, and 
called them. We have had about 942 people die from this disaster.
  Our challenge right here at home--and not to underestimate in any way 
the lives that have been given to protect this country. We want to get 
our soldiers home and protect them. That is why we are passing this 
bill, and that is why I am not holding this bill. I can't hold this 
bill because we have 30 hours of debate, but I have taken time through 
this 30 hours to talk about the war right here at home.
  ``Here lies Vera. God help us.'' In New Orleans, as people were dying 
with no place to go, the neighbors built makeshift coffins. This one 
could still be there. It was there when a National Geographic 
photographer took it maybe a week or two ago. It could still be there 
in a neighborhood in New Orleans. Many of the bodies that are yet 
unidentified are in the prison at St. Gabriel. That awesome and 
gruesome situation is being worked out as I speak.
  In the midst of all of this tragedy and destruction of cities and 
towns and high water and inadequate FEMA response, my colleague and I 
came to the floor and have been working through the week in meetings 
and letter exchanges and telephone calls, working with Senators, trying 
to work with the House, trying to work with the administration to say: 
OK, we know things aren't working as well as they could. What can we do 
to try to fix it?
  We came up with a suggestion. Let's take a billion dollars from the 
$43 billion that FEMA has sitting there that has already been allocated 
and move it to an already established loan program to give the cities 
and counties and sheriffs and law enforcement the help they need for 3 
months, just 3 months, while we go on vacation again. Just give them 3 
months. Lend them some money to keep their lights on, to keep

[[Page 22553]]

their cities and their communities and the hospitals open until we can 
figure out a long-range plan.
  We may have to refinance some debt. We may have to close areas down 
permanently. We hope not, but maybe we will have to. We are going to 
have to do a lot of things we never thought we would have to--such as 
build a good levee system. We will have to do that. So we came to ask 
for a loan under the program that has been established since 1972.
  We have basically been told--even after working through the night, 
after offering a variety of different compromises--I am sorry, to the 
Louisiana delegation; I am sorry, to the Mississippi delegation; I am 
sorry, to the Alabama and Texas delegation, but the only way that we 
will lend you the money is if you pay it back under different terms 
than anyone has before and that anyone will be asked to do in the 
future.
  With 45 minutes left in the debate, still the only way that we can 
get 3 months of operating expenses, under a program that already 
exists, with money that we have already allocated that is sitting in a 
bank account doing nothing, is to agree to tight-fisted lending 
policies that have never been applied to anyone else in America and, 
according to the draft that I saw last night at 2 o'clock in the 
morning, will not be applied to anyone in the future. But for 
Louisiana, Mississippi, Alabama, and Texas, the Gulf Coast States--and 
not all of Alabama but just the regions hit by the storm--for those 
counties, the only way you all on the gulf coast can get the money is 
under a new, tight-fisted, basically what one could describe as higher 
interest rate loans because there is no way under any circumstance, 
according to the draft I have seen, no matter how dire your situation, 
that you could ever be given any reprieve whatsoever to not have to pay 
the whole thing back.
  Some people have classified this latest offer from the Republican 
leadership as a compromise. A compromise is an effort to do the best 
you can for people while preserving some important principle. This is 
no compromise; this is an agreement between the rightwing and the far 
rightwing, people who are holding the power and are not willing to use 
it on behalf of people who need help. The gulf coast of Louisiana has 
been hit by the worst hurricane in the history of our country. Then we 
were hit by a disastrous break in a levee system that was not 
supported, not built to standard, and not invested in by a nation, and 
in some measure by our own selves, but in large measure by a nation 
that refused to recognize the importance of this levee system, not just 
for the people of Louisiana and the southern part of Mississippi but a 
levee system to continue to bring trade and commerce and jobs and 
wealth to a nation that needs and was actually built on the banks of 
the mighty Mississippi River.
  Despite decades of speeches from members of our delegation about the 
importance of investing in levees and even agreeing to take some of our 
own revenues generated off of our coast to invest in hurricane 
protection and levee protection, we were in large measure left to fend 
for ourselves in a way that while the Federal Government contributed 
money, those moneys kept getting less and less relative to other 
spending and other priorities in Congress, until we were left with a 
second-rate levee system. Now we have a major disaster on our hands.
  It is extremely important that the people of our country know that 
there is a way that we can rebuild this region; that there is a way 
that we can pull together to do it. When we make suggestions as simple 
as getting $1 billion to go through a loan program that is already 
established with money that has already been appropriated, when we are 
told, that is too much to ask, we can't do that, we can't afford to do 
it because the people of the gulf coast just have to understand that 
you have to take this on terms and conditions that no one has been 
asked to before and no one will be asked to after, is a hard thing for 
this Senator to accept.
  A historian once described New Orleans as an inevitable city in an 
impossible location. That pretty much captures where we are today. We 
are having an inevitable debate that places the people of Louisiana and 
the gulf coast in an impossible situation. We are asking for a 3-month 
loan to keep our cities and communities operating, for our sheriffs, 
for police, for firefighters, for critical city workers, for some of 
our hospitals that, despite the worst storm in the world, stayed open, 
kept their lights on, kept serving people, and are sustaining a region 
of this country that is vital for the future of the Nation. We ask for 
a loan, and we get nothing but empty promises and tight-fisted lending 
policies when we need help.
  We have been stuck by the worst natural disaster. We now have a 
third-rate FEMA operating, a second-class levee system, and now, to 
pour salt on the wound, a tight-fisted lending policy applied only to 
us. I am asked, basically: Senator, take it or leave it. That is a hard 
question to ask any Senator--take it or leave it. That is why I have 
taken all of these 30 hours to consider what our options are, to try to 
bring our case to the American people, to ask the country: Is this 
fair? I don't believe it is, but life isn't fair.
  Our job is to try to make it more fair. That is why I am here. I 
don't know, I hope that is why everybody else is here. But that is why 
I am here. I would hope that my colleagues would think, particularly in 
the Senate, Republicans and Democrats, that that is why we are here.
  Talking about Senators, I thank the Senators who worked through the 
night trying to come up with a real compromise, a compromise with 
dignity, a compromise with some hope, a compromise that would give our 
cities some hope that somebody in Washington is listening. The junior 
Senator from Delaware, Mr. Carper, who has no immediate interest other 
than he was a former Governor, a former House Member, he spent time on 
my and Senator Vitter's behalf on the House side trying to talk to the 
leaders of the Republican Appropriations Committee to say: Why are you 
asking for new terms for Louisiana, Mississippi, Alabama, and Texas 
when you have given these terms before to others?
  We know we are asking for the cap to be raised. The cap has been 
raised before. There is a $5 million loan cap on a program where our 
cities, not only New Orleans, which is the largest, but the parishes of 
Jefferson and St. Tammany and St. Bernard and Plaque-
man--their monthly operating budget in the city of New Orleans is $20 
million. So ask me what borrowing $5 million would help? A week? That 
is what we would be able to borrow, 1 week?
  So we have asked for the loan cap to be raised so the cities can 
borrow some money, and the parishes and the sheriffs, which are not 
included specifically in the language of the ``compromise'' that has 
been offered, they are not specifically included. It has been inferred 
that our sheriffs are included. But our sheriffs are elected. They are 
different from the rest of the country. They perform a tremendous 
service to our State and to our parishes. They were the ones who 
carried people on their backs to safety. They were the ones who helped 
keep law and order. They didn't do everything perfectly, but they did 
the best they could under a very difficult circumstance. They are not 
even specifically in the compromise. If we can't keep law enforcement 
operating, if we can't keep our lights on, if we can't keep some 
running water in what pipes we have left, if we can't keep the mayors 
and the parish councils at work having meetings, turning on city hall, 
trying to mop out their city halls, could anybody here tell me how we 
begin to rebuild a region without basic, essential community services? 
I don't know.
  I know the private sector can do a great deal. But you know what the 
private sector people coming into my office tell me, whether they are 
big business or small: Senator, we need lights. We need water. And, 
Senator, please tell them to stop sending us bottled water; I need for 
the water to go on in my business because my employees want to come 
back to work, but I can't bring them back to work without

[[Page 22554]]

water. If we lay off the sewage and water board and the people who work 
to turn on the water, how in the heck are we going to get water and 
electricity on? If you are trying to give a tax credit to a small 
business or big business, I don't think it is going to work very well.
  The Democratic leader, Senator Reid, worked through the night. The 
junior Senator from New York, Mrs. Clinton, worked through the night. 
Senator Barack Obama came down here at 1:30 in the morning and asked if 
there was something he could do. Senator Blanche Lincoln from Arkansas, 
who has been a great voice for us, although her State was not directly 
impacted, has come to the floor many times this week to say the 75,000 
citizens who were evacuated to Arkansas would be well cared for and 
well taken care of but has asked for some help with their health care 
system as Arkansas struggles to provide health care services to these 
individuals, and they have been turned down time after time.
  I have a word for the people of Louisiana. The men and women I 
mentioned are your true friends as Senator Vitter, my colleague from 
Louisiana, and I have worked together to try to forge the best possible 
arrangement we could make for the people of our State. Without a bit of 
self-interest, they have fought for you. They have searched throughout 
the night for a true compromise.
  I am proud to serve with these colleagues of mine because they do not 
believe the people of Louisiana should have to trade their dignity for 
cash. But that is basically what we are being asked to do, in the 
opinion of this Senator. In other words, Senator, you can have the loan 
for the people of your State, but you are going to take it under a 
tightfisted policy that has never been applied before to anyone and, by 
the way, according to the script that we are going to give you, it 
won't be applied to anyone in the future, but only for you--for 
Louisiana, for Mississippi, for Alabama, for the poor, for the middle 
income, and for the rich. Only for you all in the South is this going 
to be applied. Take it or leave it.
  I hope the people of Louisiana, whom I have proudly represented for 
so long, can understand why I spent the evening here and why I am going 
to continue to stay at this desk as often as I can in between trips 
home visiting with local elected leaders trying to help organize 
meetings, supporting all the local officials--Democrats and 
Republicans, Black and White, urban and suburban, rich and poor 
citizens to try to help us rebuild a State that is not only a State we 
love, but a region that the country needs, even though the country 
refuses to understand how valuable we are to them.
  I think people can understand why the situation is as critical as 
some of us are trying to show. The devastation is enormous. It is 
unprecedented. Our options are limited. FEMA is not working. The Red 
Cross is getting very mixed reviews, and I say that with the greatest 
respect for a very great organization. But we are getting very mixed 
reviews about the Red Cross. We have 50,000 people in shelters with 
nowhere to go, no housing available even if you presented vouchers. I 
am not saying we do not need them, but it is not an option that is 
working well because our cities are so full of people who have left the 
south of our State to find shelter, to find jobs, to find stability, 
and to find their families because the old voucher program is not 
working very well.
  We have people in hotels. That causes problems with the business 
community because when they have conferences or visitors, they cannot 
get their own executives into the hotels to do business in the city.
  I have talked a lot about New Orleans. I have talked a lot about 
Lafitte, Grand Isle, Plackman, St. Tammany, and Calcasieu, but let me, 
for a minute, talk about Baton Rouge, our capital city, and Lafayette, 
the heart of the Cajun culture in our State, and Monroe, the home of my 
husband and our home for 6 years, and Shreveport. These are our other 
major cities that sit to the north in our State. These cities were 
struggling to pay their bills to make things work for their 
communities, some of them growing quite fast and doing quite well but, 
as we know, when counties and parishes grow, their school systems are 
strained and their transportation systems are strained.
  They were managing just like we all manage and do the best we can. 
And then overnight, the city of Baton Rouge, under the great leadership 
of Kip Holden and a great council, ended up getting 150,000 new 
citizens in 1 week--150,000 new citizens in a city of 350,000. They 
might need to borrow a little money. When you try to move in Baton 
Rouge from one part of the city to the next, the traffic is back to 
back. Lafayette is the same way.
  So I do not want the people of my State to think I am not aware that 
there are not impacts everywhere. Again, this is a program that has 
existed for the benefit of everybody in this country, and we have asked 
to take $1 billion from FEMA and move it--not new money, but money that 
is sitting in FEMA's bank account that they cannot spend, and give it 
in loans under the same terms and conditions as other States to which 
it has been given, and we are told ``no.''
  From the authorization of this loan program in 1974 through December 
31, the Federal Government disbursed nearly $100 million in 42 loans. 
Of that amount, millions have been repaid, some of it has been 
canceled, 7 were fully canceled, 3 were partially canceled, and 29 
remain outstanding, of which one has been partially canceled.
  This is a program that has worked for everybody in every disaster--
earthquakes, hurricanes--but when the people of the gulf coast ask for 
it under the leadership of the tightfisted House of Representatives, 
the only way we can get the loans is under new terms at basically a 
higher interest rate. The higher interest rate is reflected in the fact 
that there will be no forgiveness, under any terms, whatsoever written 
into the law.
  It is not available to sheriffs, and it is not available to 
hospitals--not explicitly available to law enforcement. You might 
interpret it, someone could make the argument, but we have read the 
proposed language, and it is not in the bill.
  Some people have said this is a way to help law enforcement. They are 
not in the draft I have seen. We tried to put them in and that was 
rejected.
  Mr. REID. Will the Senator yield for a question?
  Ms. LANDRIEU. Not at this minute, but I will in just a second. I will 
be happy to yield in a moment.
  So we have worked through the night, Mr. President, trying to come up 
with some available options for the people of Louisiana, Mississippi, 
Alabama, and Texas as they seek to work through a very complicated and 
difficult situation to try to pull efforts together to make loans 
available for 3 months.
  I have shown this picture throughout the week. That is why, as I 
close over the next few minutes, I would like to show it again. You can 
find this picture in the National Geographic, ``A World Upside Down.'' 
This is Long Beach, MS, a week after Katrina hit. This is Mrs. Leona 
Watts. The National Geographic says that her home ``rests amid the 
bones of the home where she has lived for 61 years.''
  The National Geographic goes on to say:

       Many Mississippians felt abandoned in the days after the 
     storm as national attention--and relief efforts--seemed 
     locked on New Orleans.

  I have asked throughout the week if the city of Long Beach or the 
cities in Louisiana can get some infusion of cash to help them go 
through. I don't know what kind of tax credits and other possibilities 
could help here, at least not in the next few weeks or few months. I am 
confident that targeted strategic tax cuts can help to rebuild this 
city.
  I am almost certain that in Mississippi--I am not completely 
certain--that the State could actually borrow money to help this 
situation. But I do know one thing because I was State treasurer of 
Louisiana for 8 years: Our State is prohibited from borrowing money for 
operating expenses because our constitution states that it is fiscally 
irresponsible because, under normal circumstances, it is irresponsible

[[Page 22555]]

to borrow money for operating expenses if you are a State. You should 
borrow money to invest in ports, roads, and infrastructure, not to 
maintain a lifestyle. Every family knows that. So in Louisiana we have 
not allowed it for quite some time.
  So if I have stood on the floor a little longer for some people and 
tempers have gotten a little short, I have to stand here to try to 
explain that while our State might be in a position to borrow money, 
although they got a report last week that they are $1 billion short in 
their own revenue, but even if they were not $1 billion short, the 
Constitution of Louisiana does not allow the State to borrow money.
  The State's largest city is laying off thousands of workers by the 
day. In the city that we keep saying we are going to stand up for, 
people are being laid off, the city that people still visit for photo 
ops to say, We are with you, we are not abandoning you, we are there.
  My colleague and I come here to ask for $1 billion out of $43 billion 
to give a loan for 3 months for police, fire, law enforcement, to get 
the lights on and to get the water through the faucets. And we are 
told: Sorry, the only way that we will give you that money, the only 
way we will lend you that money is under new policies designed 
especially for you that no one in the past and no one in the future has 
to accept. But you, Louisiana, Mississippi, and Alabama, have to take 
it or leave it.
  So through the night, we offered one compromise after another--a real 
compromise.
  Again, the Senator from Michigan is in the Chamber. He helped through 
the night. Senator Reid was particularly supportive, and I have said 
thank you to Senator Stevens who is not now on the floor but will be 
here. He was quite patient through a difficult night. This is a 
difficult bill.
  We have had to take some time, as we have gotten it at the end of the 
debate on defense, to talk about this. It was our only option. We said 
just lend us the $1 billion under the same old and good and steady and 
traditional programs. That was not accepted.
  We have said if the Senate would come together and act, my colleague 
and I have made it clear that we want the money to be for sheriffs, for 
several of our hospitals that are in a desperate situation, to allow 
the cities and parishes to borrow money, and we would be willing, or I 
would be willing, to send two bills over to the House with Senator 
Vitter and Senator Frist's name on both of those bills so the Senate 
could go on record saying we are ready to act. And if the House wants 
to pass either one of these, they can pass one and send it to the 
President's desk and then they can decide whether we should be treated 
the same or treated differently. And I would live with that. I have 
made my point clear, I believe, and I have made myself clear in 
representing the State. We should be treated the same way. But if the 
House of Representatives decides that we should be treated a different 
way, if the President of the United States wants to explain why we 
should be treated differently, I would be happy to send two bills over 
and let the House of Representatives, under the control of the 
Republican leadership, decide what they want to do. But that was not 
acceptable.
  So I have stayed here through the night working on as many 
suggestions as Republicans and Democrats in the Senate, and my 
colleagues for whom I have a great deal of respect, suggested, and yet 
at this hour, a few minutes before the 9:15 vote, the only 
``compromise'' we have is for the people of the gulf coast to take it 
or leave it--under different terms than have ever been asked by anybody 
before and will not be asked of anybody in the future.
  Last night when I pressed this issue of whether we would be treated 
the same way, we were told that we could be and we would be. But when 
we read the bill, the text, it says in added language on page 2--it is 
a very short bill, so I want to read it for the Record. This is the new 
provision that has been offered to us:

       Provided further, notwithstanding section 417(c)(1) of the 
     Stafford Act, such loans may not be canceled.
        . . . notwithstanding section 417(c)(1) of the Stafford 
     Act, such loans may not be canceled.

  That language has never been in any act, and before anybody tries to 
say, well, we are lifting the cap, the cap has been lifted before. 
Loans have been extended. Never has this language been put in. But this 
is the Republican leader's tight-fisted money policy that says ``such 
loans may not be canceled.''
  So the people of my State are in a pretty tough situation--and the 
people of the gulf coast. We have had a category 5 storm, the breaking 
of a levy system, everything people have worked for, hoped for, dreamed 
of--destroyed.
  The Federal Government sent us a third-rate FEMA, offered a second-
rate levee system, and now a tight-fisted lending policy, and then 
criticized us for not being more self-reliant.
  This woman lived in this house for 61 years. The reason I like to 
keep showing this picture is she looks a lot like my grandma. And 
because I know, because I know how self-reliant my grandmother was, I 
am just going to assume that she was a lot like my grandmother, Loretta 
Landrieu. My grandmother never graduated from eighth grade. She worked 
her whole life three jobs. She raised 2 boys and 19 grandchildren. She 
never asked the Government for any money. When she died, she had 
$19,000 in the bank. She gave each one of her grandchildren $1,000, and 
she bought us a little camp for $15,000 on Lake Pontchartrain. In 42 
years, the 8 of us raised 37 children in that little camp, with no air-
conditioning, and we had a great time. Then as we grew and the family 
grew and we got a little more prosperous, we put in air-conditioning 
and we expanded it.
  But this is what my grandmother, if she were still alive, this is 
probably what she would be looking at right now. And I have to listen 
to people in Washington, the power in Washington, the Republican power 
from the White House, to this Senate, to the House, tell me that people 
in the gulf coast area need to be more self-reliant. This woman has 
lived in this house for 61 years. She has probably paid the mortgage. 
She has probably raised children, worked in her church, never been late 
for her taxes, just like my grandmother was--every Sunday morning of 
her life in church. The Catholic Church that she went to doesn't exist 
anymore. It was washed away in the 29 feet of water that came over 
Slidell, LA. And I have to listen to the Republican leadership tell me: 
Just rely on faith-based institutions and private sector involvement.
  Our faith-based institutions have done great work. I am so grateful 
for the many missionaries and churches and synagogues that have come to 
help. The church in this neighborhood is gone. Maybe another church 
from Ohio will come down, or Michigan, but this lady's church is gone. 
Our churches are gone. Our synagogues are gone. And our businesses that 
are always there to help, that have been helping, that have been 
keeping people on their payrolls when they had no money coming in the 
front door, keeping their employees on the payroll, putting up 
trailers, putting up tents so their employees could come and sleep in 
the parking lots so they could work in the offices, we are not self-
reliant enough.
  So this Senator comes to ask for $1 billion to lend to the 
communities such as this, and I am told: Sorry, Senator, we can't loan 
you the money the way we have lent it to everyone for the last 30 
years. And by the way, when we do it again in the future, we are going 
to lend it to everybody under the old program, but just for you we have 
a special deal. Just for you all we have a special deal.
  Here is another man who needs help, and for him we have a special 
deal--the Republican leadership. We lent money to everybody in America 
since 1974 under certain terms, but for you, you get a special deal. 
For this lady walking out of the Superdome--I think this is the Hyatt 
in New Orleans; I think this is where this is--she is doing the best 
she can. Obviously, she only has two arms and she has two babies and 
she is carrying them both--with one blanket, a bottle, and a bottle of 
water for two babies. No store open, and she comes here to ask for 
help, and I am

[[Page 22556]]

told by the Republican leadership in power: Sorry, we are going to lend 
you the money but under different circumstances.
  How much time do I have remaining?
  How much time do I have remaining, please?
  The PRESIDING OFFICER (Mr. Allard). The Senator has 3\1/2\ minutes 
remaining.
  Ms. LANDRIEU. I thank the Chair.
  This is the National Guard, Jon Eric Miletello. He has probably 
pulled double duty in Iraq because our National Guard has been there, 
trying to stand up Iraq, standing up water systems in Iraq, putting 
down sewer systems in Iraq, so he comes home and this is what he finds: 
his grandmother in 5 feet of water. And when we come here to ask for a 
loan for this town to help them out just for 3 months, we have to get a 
different deal.
  So in the last 3 minutes I am going to ask the Senate, since they 
said that they would do this, they want to help, to send this over to 
the House. Let the House make the decision. Let the House leadership 
make the decision whether they want to lend us the money under the 
traditional program or give us yet a special deal for people of the 
gulf coast.
  So I am prepared to ask unanimous consent that the Senate proceed to 
the immediate consideration of S. 1855, and for that bill to be read 
and passed. This bill would allow the Stafford Act money to be given 
under the same terms and conditions as it was to everyone else.
  The PRESIDING OFFICER. Is there objection?
  Mr. FRIST. Objection.
  The PRESIDING OFFICER. Objection is heard.
  Ms. LANDRIEU. Mr. President, I ask unanimous consent that the Senate 
would send the bill over to the House to say that such loans may only 
be canceled with the approval of the Office of Management and Budget, 
so that they could be canceled but only Management and Budget could 
make that decision.
  The PRESIDING OFFICER. Is there objection?
  Mr. FRIST. I object.
  The PRESIDING OFFICER. Objection is heard by the Chair.
  Ms. LANDRIEU. Mr. President, those are the best ideas we have had. 
They are obviously not enough. I thank my colleagues for their 
patience. I understand it has been a difficult time, but this is a 
difficult situation, and I know that we have held everybody here a day 
longer than they thought they would be here. We thought we would get 
out of here about 10 o'clock last night, or 11. I thank Senator Stevens 
for his patience. He has been very patient, and Senator Inouye, as they 
have managed this bill. I thank Senator Frist for the hours of 
discussions that he has had, but I will say in closing that when you 
have power, Mr. President, I believe that we should use it in the 
wisest and best way. I don't think the work we are doing here is the 
wisest and the best. It may be the best we can do, but this Senator 
does not think it is what we should do.
  I yield the floor.
  The PRESIDING OFFICER. The majority leader is recognized.
  Mr. FRIST. Before the vote, let me quickly explain the two objections 
and then I will have a unanimous consent request of my own.
  Basically, the language of both of the bills that have been put 
forward has not been reviewed by anybody except maybe two or three 
people on the floor of the Senate. Second, we do have legislation, the 
Vitter bill, that has been vetted with the administration. We talked to 
the Republican leadership in the House. I believe strongly we can pass 
this bill over the course of the day.
  Having said that, I now ask unanimous consent the Senate now proceed 
to the Vitter bill which has been at the desk since yesterday. For the 
information of all Senators, this bill is the same language we have 
cleared and have been working on for the past 48 hours.
  I further ask unanimous consent the bill be read a third time and 
passed and the motion to reconsider be laid on the table.
  The PRESIDING OFFICER. Is there objection?
  Mr. LEVIN. Reserving the right to object.
  Mr. FRIST. Regular order, Mr. President.
  Mr. LEVIN. Reserving the right to object. May I ask a question?
  The PRESIDING OFFICER. Regular order has been called for. The Senator 
must----
  Mr. LEVIN. I object.
  The PRESIDING OFFICER. Objection is heard.


             overseas humanitarian, disaster, and civic aid

  Mr. STEVENS. Mr. President, in fiscal year 2002, Congress provided $5 
million in the Department of Defense appropriations bill to transport 
and distribute wheelchairs to the victims of overseas conflicts, 
landmines, and crippling illnesses if matched by private funds. These 
funds were allocated from amounts provided to the Defense Security 
Cooperation Agency, DSCA. Since that time, the DSCA has worked with a 
nonprofit organization called the WheelChair Foundation to deliver over 
120,000 wheelchairs to nearly 100 countries, including 5,810 to 
Afghanistan; 2,400 to Iraq; and over 3,900 to Jordan.
  I believe it is vital that we plan and invest not only to win the 
wars we fight, but also to win the peace. In that regard, this program 
has been an unqualified success. The hope and chance for a new life 
that a wheelchair can provide to someone who could never afford one has 
value beyond measure. Additionally, this program gives us the 
opportunity to leverage Federal support with the efforts of the 
nonprofit sector to accomplish more than we could do alone.
  The funding specifically earmarked for this initiative in fiscal year 
2002 will likely be exhausted within the year. The legislation we are 
now considering would provide the full amount of the President's 
request for Overseas Humanitarian, Disaster, and Civic Aid of $61 
million. It is our hope that funding will be available for this 
activity in the coming fiscal year if appropriate humanitarian needs 
are identified.
  Mr. INOUYE. Mr. President, I appreciate the comments from the 
chairman, and commend his leadership on this issue. I am familiar with 
the successes that this program has enjoyed. Providing wheelchairs to 
the victims of overseas conflicts is an important program, and I 
encourage our Federal agencies to support this program.


                         war related illnesses

  Mr. LEVIN. Mr. President, we have before the Senate the fiscal year 
2006 Department of Defense appropriations bill, H.R. 2863. This 
legislation makes a valuable contribution to our Nation's efforts to 
enhance the quality of life for our soldiers, sailors, airmen and 
marines as well as their families, while continuing to transform our 
military forces to ensure that they are capable of meeting the threats 
to America's security now and in the future.
  Mr. INOUYE. The committee bill seeks to improve pay and benefits for 
our military personnel and makes considerable improvements in medical 
care that our men and women in uniform and their families receive. In 
addition, funding has been included to fund a Peer Reviewed Medical 
Research Program that addresses a wide array of important medical 
programs.
  Mr. HARKIN. I agree with the Senator from Hawaii about the 
significant efforts made by the committee bill to address the well-
being of our soldiers, sailors, airmen and marines. Of particular 
interest to me is peer-reviewed medical research that examines gulf war 
illnesses and their relationship to chronic multisymptom illnesses. I 
believe this research could provide valuable insights into diagnosed 
post-deployment illnesses.
  Mr. JOHNSON. My friend from Iowa is correct. For the past several 
years, the Center for Chronic Pain and Fatigue Research has conducted 
research on the internal mechanisms and most effective treatment of 
gulf war illnesses and other undiagnosed post-deployment illnesses. 
This research has been funded by Congress and overseen by the U.S. Army 
Medical Research and Materiel Command and its peer-review process. 
Continued funding for

[[Page 22557]]

this program will enable the continuation of research into a variety of 
illnesses reported by personnel upon returning from the gulf war.
  Ms. STABENOW. I would agree with my friend from South Dakota. The 
Center for Chronic Pain and Fatigue Research at the University of 
Michigan is the national leader in the research of chronic multisymptom 
illnesses. Their recent research has used advanced functional brain 
imaging technology to demonstrate the similarity in dysfunctional pain 
processing between a group of veterans suffering from gulf war 
illnesses and a group of civilians diagnosed with fibromyalgia. The 
center's work has taken on added importance because of our Nation's 
current military deployments and deserves the continued support of 
Congress and the Department of Defense.
  Mr. LEVIN. As the Senators from Michigan and South Dakota have noted, 
many soldiers returned from the gulf war with a variety of symptoms 
that have no discernible cause. Although environmental exposure in the 
gulf war cannot be ruled out as a cause, many believe that stress is a 
factor that may have contributed to these illnesses. I hope that 
efforts will be made to ensure that this bill provides adequate funding 
to ensure the continuation of this important research.
  Mr. STEVENS. I understand the concerns that my colleagues have 
regarding poorly understood illnesses that have affected military 
personnel in nearly every conflict since the Civil War, and most 
recently in Iraq and Afghanistan. As chairman of the Defense 
Appropriations Subcommittee, I want to lend my support to this 
important research.


                  AM2 and coatings removal technology

  Mr. BURNS. Mr. President, I would like to thank the chairman for his 
continued efforts to ensure a strong national defense. I am well aware 
of the tight budget structures the subcommittee faced when marking up 
the bill. I would like to draw attention to two important programs for 
future consideration that may have great benefit to our military.
  The refurbishment of aircraft fuselages and engines, ships, and jet 
engine turbine blades requires the removal of paint and other coatings, 
but can be extremely costly if, while removing the coating, the 
underlying surface is damaged. I am told that laser technology is able 
to detect, in real time, when coatings have been removed, thus avoiding 
damage to the item being serviced. Further, I am told the Air Force 
Research Laboratory has expressed interest in spectroscopy-based 
technology as it may assist them in developing robotic systems for 
coatings removal of large off-aircraft components, as well as 
developing systems in the future for de-coating large on-aircraft 
components.
  Providing for a lightweight replacement for Air Field Matting, AM2, 
is among the Top Ten mission critical technology needs of the 
Department of Defense. AM2 is an outdated 40-year old system currently 
used by the Air Force, Marine Corps and Army to establish temporary 
airport systems in the field. I have learned it may be too heavy to 
deploy easily and unsuitable for missions where mobility and speed are 
necessary. Lattice Block Structures may be an option to serve as a 
stronger, lighter and more portable replacement to the antiquated AM2 
matting. Fiscal year 2006 funding for Lattice Block Structures could 
enable DOD to more rapidly establish temporary airfields in support of 
critical military missions.
  Mr. STEVENS. I say to the distinguished Senator from Montana that I 
appreciate him bringing these important programs to my attention and to 
the attention of the Senate. I look forward to working with him on 
these and other important matters that affect our military and national 
defense in the days and weeks to come.
  Mr. McCAIN. Mr. President, the pending measure, H.R. 2863, the 
Defense Appropriations Act for Fiscal Year 2006, will provide our men 
and women in uniform with the equipment, benefits, and programs they 
need to carry out their critical missions at home and overseas. Having 
said that, I must again voice my dismay at the Senate's inability to 
authorize these appropriations. Critical programs and benefits have not 
been authorized. The authorizers layout the priorities, and the 
appropriators fund. Unfortunately, this time honored practice is not 
being upheld.
  As I look over the bill, I see that, as reported in the Senate, it 
trims $7 billion from the administration request, leaving that amount 
available for nondefense appropriations. I am pleased that the cuts are 
reductions for programs that were underexecuted in the last fiscal 
year. Unfortunately, and not surprisingly, the bill also includes a 
large number of unauthorized and unrequested provisions. I hope that 
the sponsors will carefully reconsider these damaging provisions as the 
bill works its way through the legislative process. While I appreciate 
the hard work and the laudable intentions of the members of the 
Committee, we must all be alarmed at these appropriations earmarks. 
They limit the ability of our Defense Department to expend needed 
resources according to its funding priorities.
  I have already spoken at length during debate on this bill, so I will 
not take up much more of the Senate's time again. I am pleased that the 
Senate recognizes the importance of America's greatest strength, the 
acknowledgment that we are different and better than our enemies. We 
are Americans, and we hold ourselves to humane standards of treatment 
of people no matter how evil or terrible they may be. To do otherwise 
would undermine both our security and our greatness as a Nation. The 
Senate spoke with a strong voice this week, and I urge the conferees to 
include the detention-related amendment in the conference report that 
will be sent to the President.
  With Americans deployed across the globe fighting terror, deployed at 
home in recovery of Hurricane Katrina, and with looming budget 
deficits, the Senate faces some tough choices. We must maintain our 
fiscal responsibility while providing for our military needs. The cost 
of the conflicts in Afghanistan and Iraq demand a new fiscal sanity in 
our appropriations bills. A half-a-trillion dollar budget deficit means 
we simply cannot afford business as usual. We simply cannot continue 
the binge of pork barrel spending that consumes an ever growing 
proportion of our federal budget. While the cost of an individual 
project may get lost in the fine print of lengthy bills, together, they 
all do real damage. Collectively, these earmarks represent a 
significant burden to American taxpayers.
  Some of the more egregious examples of earmarks, either in the bill 
or in the accompanying report, include:
  The bill includes language to provide $10 million for the Joint 
Interagency Training Center-East and the affiliated Center for National 
Response at the Memorial Tunnel in West Virginia.
  The bill includes language to provide $3.5 million above the 
President's budget request to procure aircraft and aviation equipment 
for the Civil Air Patrol.
  The bill includes language to provide $19,000 above the President's 
budget request to procure vehicles for the Civil Air Patrol.
  The bill includes language to provide $3 million to support the 
National Museum of the United States Army at Fort Belvoir, VA.
  The bill includes language to provide $2 million for the 
installation, repair, and maintenance of an on-base and adjacent off-
base wastewater/treatment facility at Naval Computer Telecommunications 
Area Master Station, NCTAMS, in Hawaii.
  The bill includes language to prohibit the procurement of foreign 
ball and roller bearings. This ``Buy America'' restriction with regard 
to the procurement of ball and roller bearings may cost the taxpayers 
more than purchasing ball and roller bearings from a foreign source.
  The bill includes language to direct the Secretary of the Army to 
fully plan, budget, program finance the Non-Line of Sight Future Force 
cannon and re-supply vehicle program, NLOS-C, in order to field this 
system in fiscal year 2010. Furthermore, the bill language directs that 
if the plan to field the Future Combat System, FCS, in fiscal

[[Page 22558]]

year 2010 is delayed then it directs the Secretary of the Army to 
develop the NLOS-C independent of the broader FCS development timeline 
to achieve fielding by fiscal year 2010. Moreover, the bill directs the 
Army to deliver 8 combat operational pre-production NLOS-C systems by 
the end of calendar year 2008, in addition to those systems necessary 
for developmental and operational testing. Section 8103 to H.R. 2853 
Separating the Non-line-of-sight cannon, NLOS-C, program from the 
Future Combat System, FCS, will increase costs and program risk because 
it invalidates one of the key underpin-
nings of the FCS program which is to have a family of systems based on 
equipment commonality. The original concept for the development of the 
manned ground vehicle was to design and produce a common chassis for 
all manned ground vehicles. Separating NLOS-C from FCS fundamentally 
changes this principle and further complicates the development of this 
already complex and yet critical Army weapons system. Furthermore, 
bisecting FCS will increase development and sustainment costs and 
negatively impact systems interoperability. The AirLand Subcommittee on 
the Senate Armed Services Committee is the appropriate subcommittee of 
jurisdiction in this matter. Although we had hearings on FCS in the 
subcommittee this year, we did not hear expert testimony in support of 
this specific provision. As a result, I intend to offer legislation to 
repeal this provision in the Defense Authorization bill at the 
appropriate time.
  The bill includes language that authorizes the Secretary of the Air 
Force to spend $32 million to make upgrades, repairs, and build 
additions to buildings and other types of infrastructure associated 
with military ranges in Alaska.
  The bill includes language to provide $12.9 million in grant money 
and directs the Secretary of Defense to spend the money for the 
following: $850,000 to the Fort Des Moines Memorial Park and Education 
Center; $2 million to the American Civil War Center at Historic 
Tredegar; $3 million to the Museum of Flight, American Heroes 
Collection; $1 million to the National Guard Youth Foundation; $3 
million to the United Services Organization; $2 million to the Dwight 
D. Eisenhower Memorial Commission; and $1 million to the Iraq Cultural 
Heritage Assistance Project.
  Section 8062 of the General Provisions. The text states that, ``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 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.'' I am not making this 
text up. Let's call a spade a spade. This provision directly protects 
the jobs of only Hawaiians and Alaskans.
  And 2.2 million for the Lewis and Clark Bicentennial celebration. You 
don't need to have the exploration skills of Lewis and Clark to see 
that this is a path to higher deficits.
  And $65 million for the Additional Procurement of F-15s. The Air 
Force has decided to procure the F-22 to replace the F-15. Yet this 
earmark keeps the F-15 production line open, so I question the 
necessity of the F-22 procurement in the numbers of aircraft and at the 
funding levels requested by the Air Force. Apparently we just decided 
to pay for both.
  And $2 million for the Air Battle Captain Program at the University 
of North Dakota. This provision sends students from West Point to North 
Dakota for their flight lessons. Instead of letting flight schools 
compete for the ability to train these cadets, we have earmarked their 
training to North Dakota. We are putting parochial interests over the 
necessity to provide the best training possible for the best price to 
our Army cadets.
  And $8 million for repairs to a specific building at Rock Island 
Arsenal. I can think of 8 million reasons why the military, not the 
Senate should allocate funds to fix their priorities.
  And $10 million for repairs to utility tunnels at Fort Wainright. The 
tunnels aren't broken, mind you, but the owners would like new doors 
put on them. This appropriation looks to me like an open door to fiscal 
irresponsibility.
  The damage these earmarks do is deadly serious. They pull money away 
from legitimate funding priorities and they waste taxpayer dollars. 
Each year, many of the same earmarks appear in appropriations 
legislation, and each year I come to the floor and point them out to my 
colleagues. Some of the appropriators' favorite projects include:
  The $25 million for the Hawaii Federal Health Care Network. I 
remember only 2 years ago when this particular project was given $23 
million dollars. Some things never change.
  And $2 million for the brown tree snakes. Once again, the brown tree 
snake has slithered its way into our defense appropriation bill. This 
funding does not belong in the Defense Appropriations Act.
  There are many earmarks that funnel dollars to worthy medical 
research programs, such as breast cancer research, but there is no 
compelling national defense reason for these items to be in this piece 
of legislation. This type of critical research should be funded through 
the Labor/HHS Appropriations bill. Our soldiers and sailors need to be 
provided with the best equipment, housing, and support possible. Scarce 
defense dollars should be used for these defense purposes, not others.
  I could go on and on--and on and on and on--listing all of the 
examples of pork in this legislation. We simply need to reassess our 
priorities.
  This year's bill also includes a number of ``Buy America'' 
provisions. For example, it prevents the foreign purchase of welded 
shipboard anchor and mooring chain four inches in diameter and under. 
Another provision ensures that all carbon, alloy or steel plates are 
produced in the United States. Whew. I know we'll sleep better at night 
knowing that all of our carbon plates are manufactured in the U.S. Yet 
another section prohibits the Department of Defense from purchasing 
supercomputers from a foreign source.
  I continue to be very concerned about the potential impact on 
readiness of our restrictive trade policies with our allies. Every 
year, Buy America restrictions cost the Department of Defense and the 
American taxpayers $5.5 billion. From a philosophical point of view, I 
oppose these types of protectionist policies, and from an economic 
point of view they are ludicrous. Free trade is both an important 
element in improving relations among nations and essential to economic 
growth. From a practical standpoint, ``Buy America'' restrictions could 
seriously impair our ability to compete freely in international markets 
and also could result in the loss of existing business from long-
standing trade partners.
  Some legislative enactments over the past several years have had the 
effect of establishing a monopoly for a domestic supplier in certain 
product lines. This not only adds to the pressure for our allies to 
``Buy European'' but it also raises the costs of procurement for DOD, 
and cuts off access to potential state-of-the-art technologies. In 
order to maintain our troop strength and force readiness, the DOD must 
be able to be equipped with the best technologies available, regardless 
of country of origin. This would ensure both price and product 
competition.
  Defense exports improve interoperability with friendly forces--
increasingly necessary as we operate in coalition warfare and 
peacekeeping missions. Exports lower the unit costs of systems to the 
U.S. military, and provide the same economic benefits to the U.S. as 
all other exports--well paying jobs, improved balance of trade, and 
increased tax revenue. These are really issues of acquisition policy, 
not appropriations matters. There is no justification for including 
these provisions in the Appropriations Act.

[[Page 22559]]

  This bill spends money on Lewis and Clark and funnels cash into 
military museums. It protects the mooring chain industry and ensures 
that we only buy American ball bearings. There is enough pork in this 
bill to feed an army--if only that we used our defense appropriations 
to do that. I suppose it is more important to appease local 
constituencies and special interests.
  I wish it were not necessary for me to come to the Senate with every 
appropriations bill to criticize the amount of unrequested spending in 
the legislation. I do so because I believe it is critical for American 
taxpayers to understand where the money in their pockets is really 
going. I urge my colleagues to stop ``porking up'' our appropriations 
bills. In a time of huge spending deficits and scarce dollars, it is 
long past time to stop feeding at the trough.
  Mrs. FEINSTEIN. Mr. President, I was pleased to join with the 
distinguished Chairman of the Defense Appropriations Subcommittee, 
Senator Stevens, in offering an amendment that has been accepted as 
part of the managers' package in the Fiscal Year 2006 Defense 
appropriations bill.
  Specifically, this amendment would require the Office of Management 
and Budget, along with the Department of Defense and Department of 
Homeland Security, to conduct a study on ``improving the response of 
the Federal Government to disasters.''
  I believe this study is essential as it is clear to me that there 
were breakdowns at every level in our response to Hurricane Katrina.
  Moreover, it is critical that the Federal Government improve its 
response to future disasters.
  The study required by this amendment would: review the Federal 
Government's ability to coordinate and expedite its response efforts; 
evaluate the role of our military in responding to disasters; consider 
establishing criteria for ``automatically triggering'' the military's 
participation in emergency response efforts; and look at increasing the 
role of the U.S. Geological Survey in preparing and responding to 
future disasters.
  In addition, the amendment requires that the Office of Management and 
Budget prepare a report based on the study that includes: 
recommendations for improving the Federal Government's response in 
future disasters with a focus on the military; and proposals for 
legislation or regulations to implement these recommendations.
  Lastly, I would like to express my disappointment that the amendment 
does not direct the study to analyze the role of the National Guard in 
responding to disasters.
  While I wholly join those colleagues of mine who have commended the 
untiring and dedicated work of the National Guard in responding to the 
recent hurricanes, I believe that including an assessment of the 
National Guard's capabilities is critical to understanding the broader 
implications of our government's emergency response mechanisms.
  As the principal resource available to States to assist in disaster 
response efforts, it would seem vital to consider the Guard's 
capabilities under both State and Federal control, and the mechanisms 
currently established for mobilizing out-of-State Guard units to assist 
in any response.
  Part of such a review would certainly have included a proper 
evaluation of whether the National Guard currently has the necessary 
resources and equipment to respond adequately to disasters.
  The study required by this amendment is not about placing blame or 
pointing fingers; there is plenty of fault to go around. Rather, it is 
about assessing our capabilities to respond to future disasters, and 
addressing our weaknesses.
  As I have said in the past, we need to ensure that we have a system 
in place that allows the Federal Government to come in immediately with 
the full force of its resources and assume primary responsibility for 
response and relief.
  Now is the time to prepare for future disasters.
  The study and report required by this amendment will provide us a 
roadmap for enacting the necessary reforms within our Government to 
make sure we never again have to observe the failures like we 
experienced during Hurricane Katrina.
  Mr. FEINGOLD. Mr. President, although I support passage of this 
year's Department of Defense appropriations bill, I am deeply 
disappointed that the Senate has not been allowed a full debate on the 
Defense authorization bill. It is unconscionable that the Defense 
authorization bill that is so critical to our men and women in uniform 
has been allowed to languish for over 5 months. The appropriations bill 
includes funds for many important items I strongly support, including 
vital equipment for those in uniform facing daily dangers in Iraq and 
Afghanistan. However, vital defense policies are contained in the 
authorization bill, including policies with a direct impact on military 
families, such as pay and benefits. The Senate's strong bipartisan 
efforts to make TRICARE available for the Guard Reserve are also a part 
of the Defense authorization bill. I therefore urge the majority leader 
to bring the Defense authorization bill back to the floor so that the 
Senate can fulfill its obligation to our troops and to the American 
people.
  I am also frustrated that the administration continues to rely on 
emergency supplemental funding for ongoing operations in Iraq and 
Afghanistan and continues to delay even those funding requests. The 
administration did not even request the $50 billion ``bridge fund'' 
included in this bill by the Appropriations Committee even though the 
Pentagon will soon run out of money for the war effort. This week, 
Senator Byrd eloquently explained, once again, why the administration 
should include the costs of the wars in Iraq and Afghanistan in the 
regular budget. Congress cannot budget responsibly or perform its 
oversight duties adequately if we continue to rely on supplemental 
spending bills, which essentially put the costs of war on our national 
tab. The Senate has insisted on three separate occasions that the 
administration include war costs in its budget submissions and the 
administration has ignored the Senate three times. I was proud to 
cosponsor Senator Byrd's amendment demanding accountability for the 
fourth time and was gratified that the Senate adopted it.
  I am proud that the Senate sent such a strong message to the 
administration about the treatment of detainees. The lack of a clear 
policy regarding the treatment of detainees has been confusing and 
counterproductive. It has left our men and women in uniform in the 
lurch with no clear direction about what is and is not permissible. 
This failure on the part of the administration has sullied our 
reputation as a nation, and hurt our efforts to promote democracy and 
human rights in the Arab and Muslim world. I was proud to vote for 
Senator McCain's amendment on interrogation policy because it should 
help to bring back some accountability to the process and restore our 
great Nation's reputation as the world's leading advocate for human 
rights.
  I am also pleased that the bill coins a modified version of Senator 
Graham's amendment, requiring that the administration report to 
Congress about the procedures used by the tribunals at Guantanamo Bay 
to determine whether individuals held there are enemy combatants. The 
modified amendment also makes a very important clarification, ensuring 
that the tribunals may not consider statements obtained with undue 
coercion.
  This bill also contains a provision I authored establishing the 
Civilian Linguist Reserve Corps, CLRC, pilot project. It became 
abundantly clear after the attacks of September 11, 2001, that the U.S. 
Government had a dearth of critical language skills. The 9/11 
Commission report documented the disastrous consequences of this 
deficiency that, unfortunately, we still have not made enough progress 
in addressing 4 years after the 9/11 tragedy.
  CLRC is designed to address the Government's critical language 
shortfall by creating a pool of people with advanced language skills 
that the Federal

[[Page 22560]]

Government could call on to assist when needed. The National Security 
Education Program completed a feasibility study of CLRC and concluded 
that the concept was sound and ``an important step in addressing both 
short- and long-term shortfalls related to language assets in the 
national security community.'' It also recommended that a 3-year pilot 
project be conducted to work out any potential problems. My amendment 
establishes this pilot project. I want to thank the managers of the 
bill for working with me to include this important measure and thank 
Senator Coleman for cosponsoring my amendment.
  I also want to thank the chairman of the Defense Appropriations 
Subcommittee for continuing to work with me in assisting the families 
of injured service members. I was pleased that Congress included my 
amendment on travel benefits for the family of injured service members 
in the Emergency Supplemental Appropriations Act for Defense, the 
Global War on Terror, and Tsunami Relief of 2005, P.L. 109-13. My 
amendment corrected a flaw in the law that unintentionally restricted 
the number of families of injured service members that qualify for 
travel assistance. Too many families were being denied help in visiting 
their injured loved ones because the Army had not officially listed 
them as ``seriously injured,'' even though these men and women have 
been evacuated out of the combat zone to the United State for 
treatment. The change in the law now ensures that families of injured 
service members evacuated to a U.S. hospital get at least one trip paid 
for so the families can quickly reunite and begin recovering from the 
trauma they have experienced.
  The family travel provision in P.L. 109-13 was sunset at the end of 
the 2005 fiscal year, H.J. Res. 68 continues to make this travel 
provision available until November 18 of this year. I was concerned 
that Congress may not pass the necessary legislation to make this 
travel benefit permanent before November 18. However, the distinguished 
Chairman assured me that he would continue working to extend this 
benefit in fiscal year 2006 until it becomes permanent through the 
Defense authorization process.
  There are provisions in this bill with which I disagree, and the 
Senate rejected a number of amendments that would have made this bill 
better. We continue to waste billions on Cold-War-era weapons systems 
designed to counter the Soviet Union while not fully funding the needs 
of the military personnel fighting our current wars. However, on 
balance, this legislation contains many good provisions for our men and 
women in uniform and their families, and that is why I support it.
  Mr. FRIST. I ask for the yeas and nays on the Defense Appropriations 
Committee bill.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.
  The PRESIDING OFFICER. The question is on the engrossment of the 
amendments and third reading of the bill.
  The amendments were ordered to be engrossed, and the bill to be read 
a third time.
  The bill was read the third time.
  The PRESIDING OFFICER. The bill having been read the third time, the 
question is, Shall the bill, as amended, pass?
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. McCONNELL. The following Senators were necessarily absent: the 
Senator from Kentucky (Mr. Bunning) and the Senator from New Hampshire 
(Mr. Gregg).
  Further, if present and voting, the Senator from Kentucky (Mr. 
Bunning) would have voted ``yea.''
  Mr. DURBIN. I announce that the Senator from Vermont (Mr. Leahy) is 
necessarily absent.
  The result was announced--yeas 97, nays 0, as follows:

                      [Rollcall Vote No. 254 Leg.]

                                YEAS--97

     Akaka
     Alexander
     Allard
     Allen
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Brownback
     Burns
     Burr
     Byrd
     Cantwell
     Carper
     Chafee
     Chambliss
     Clinton
     Coburn
     Cochran
     Coleman
     Collins
     Conrad
     Cornyn
     Corzine
     Craig
     Crapo
     Dayton
     DeMint
     DeWine
     Dodd
     Dole
     Domenici
     Dorgan
     Durbin
     Ensign
     Enzi
     Feingold
     Feinstein
     Frist
     Graham
     Grassley
     Hagel
     Harkin
     Hatch
     Hutchison
     Inhofe
     Inouye
     Isakson
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     Martinez
     McCain
     McConnell
     Mikulski
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Obama
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Salazar
     Santorum
     Sarbanes
     Schumer
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Sununu
     Talent
     Thomas
     Thune
     Vitter
     Voinovich
     Warner
     Wyden

                             NOT VOTING--3

     Bunning
     Gregg
     Leahy
  The bill (H.R. 2863), as amended, was passed as follows:

                               H.R. 2863

       Resolved, That the bill from the House of Representatives 
     (H.R. 2863) entitled ``An Act making appropriations for the 
     Department of Defense for the fiscal year ending September 
     30, 2006, and for other purposes.'', do pass with the 
     following amendment:
       Strike out all after the enacting clause and insert:
     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2006, for military functions 
     administered by the Department of Defense and for other 
     purposes, namely:

                      TITLE I--MILITARY PERSONNEL

                        Military Personnel, Army

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Army on active 
     duty, (except members of reserve components provided for 
     elsewhere), cadets, and aviation cadets; for members of the 
     Reserve Officer's Training Corps; and for payments pursuant 
     to section 156 of Public Law 97-377, as amended (42 U.S.C. 
     402 note), and to the Department of Defense Military 
     Retirement Fund, $28,099,587,000.

                        Military Personnel, Navy

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Navy on active 
     duty (except members of the Reserve provided for elsewhere), 
     midshipmen, and aviation cadets; for members of the Reserve 
     Officer's Training Corps; and for payments pursuant to 
     section 156 of Public Law 97-377, as amended (42 U.S.C. 402 
     note), and to the Department of Defense Military Retirement 
     Fund, $22,671,875,000.

                    Military Personnel, Marine Corps

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Marine Corps on 
     active duty (except members of the Reserve provided for 
     elsewhere); and for payments pursuant to section 156 of 
     Public Law 97-377, as amended (42 U.S.C. 402 note), and to 
     the Department of Defense Military Retirement Fund, 
     $8,894,984,000.

                     Military Personnel, Air Force

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Air Force on 
     active duty (except members of reserve components provided 
     for elsewhere), cadets, and aviation cadets; for members of 
     the Reserve Officer's Training Corps; and for payments 
     pursuant to section 156 of Public Law 97-377, as amended (42 
     U.S.C. 402 note), and to the Department of Defense Military 
     Retirement Fund, $22,908,750,000.

                        Reserve Personnel, Army

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Army 
     Reserve on active duty under sections 10211, 10302, and 3038 
     of title 10, United States Code, or while serving on active 
     duty under section 12301(d) of title 10, United States Code, 
     in connection with performing duty specified in section 
     12310(a) of title 10, United States Code, or while undergoing 
     reserve training, or while performing drills or equivalent 
     duty or other duty, and expenses authorized by section 16131 
     of title 10, United States Code; and for payments to the 
     Department of Defense Military Retirement Fund, 
     $3,052,269,000.

                        Reserve Personnel, Navy

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Navy 
     Reserve on active duty under

[[Page 22561]]

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

                    Reserve Personnel, Marine Corps

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

                      Reserve Personnel, Air Force

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

                     National Guard Personnel, Army

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

                  National Guard Personnel, Air Force

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

                  TITLE II--OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

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

                    Operation and Maintenance, Navy

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

                Operation and Maintenance, Marine Corps

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

                  Operation and Maintenance, Air Force

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

                Operation and Maintenance, Defense-Wide


                     (including transfer of funds)

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

                Operation and Maintenance, Army Reserve

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

                Operation and Maintenance, Navy Reserve

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

            Operation and Maintenance, Marine Corps Reserve

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

              Operation and Maintenance, Air Force Reserve

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

             Operation and Maintenance, Army National Guard

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

             Operation and Maintenance, Air National Guard

       For expenses of training, organizing, and administering the 
     Air National Guard, including medical and hospital treatment 
     and related expenses in non-Federal hospitals; maintenance, 
     operation, and repairs to structures and facilities; 
     transportation of things, hire of passenger motor vehicles; 
     supplying and equipping the Air National Guard, as authorized 
     by law; expenses for repair, modification, maintenance, and 
     issue of supplies and equipment, including those furnished 
     from stocks under the control of agencies of the Department 
     of Defense; travel expenses (other than mileage) on the same 
     basis as authorized by law for Air National Guard personnel 
     on active Federal duty, for Air National Guard commanders 
     while inspecting units in

[[Page 22562]]

     compliance with National Guard Bureau regulations when 
     specifically authorized by the Chief, National Guard Bureau, 
     $4,681,291,000.

          United States Court of Appeals for the Armed Forces

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

                    Environmental Restoration, Army


                     (including transfer of funds)

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

                    Environmental Restoration, Navy


                     (including transfer of funds)

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

                  Environmental Restoration, Air Force


                     (including transfer of funds)

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

                Environmental Restoration, Defense-Wide


                     (including transfer of funds)

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

         Environmental Restoration, Formerly Used Defense Sites


                     (including transfer of funds)

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

             Overseas Humanitarian, Disaster, and Civic Aid

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

              Former Soviet Union Threat Reduction Account

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

                         TITLE III--PROCUREMENT

                       Aircraft Procurement, Army

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

                       Missile Procurement, Army

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

        Procurement of Weapons and Tracked Combat Vehicles, Army

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

                    Procurement of Ammunition, Army

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

                        Other Procurement, Army

       For construction, procurement, production, and modification 
     of vehicles, including tactical, support, and non-tracked 
     combat vehicles; the purchase of passenger motor vehicles for 
     replacement only; and the purchase of 14 vehicles required 
     for physical security of personnel, notwithstanding price 
     limitations applicable to passenger vehicles but not to 
     exceed $255,000 per vehicle; communications and electronic 
     equipment; other support equipment; spare parts, ordnance, 
     and accessories therefor; specialized equipment and training 
     devices; expansion of public and private plants, including 
     the land necessary therefor, for the foregoing purposes, and 
     such lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $4,426,531,000, to remain available for obligation until 
     September 30, 2008.

                       Aircraft Procurement, Navy

       For construction, procurement, production, modification, 
     and modernization of aircraft,

[[Page 22563]]

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

                       Weapons Procurement, Navy

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

            Procurement of Ammunition, Navy and Marine Corps

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

                   Shipbuilding and Conversion, Navy

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

                        Other Procurement, Navy

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

                       Procurement, Marine Corps

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

                    Aircraft Procurement, Air Force

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

                     Missile Procurement, Air Force

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

                  Procurement of Ammunition, Air Force

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

                      Other Procurement, Air Force

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

                       Procurement, Defense-Wide

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

                  National Guard and Reserve Equipment

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

[[Page 22564]]



                    Defense Production Act Purchases

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

          TITLE IV--RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

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

            Research, Development, Test and Evaluation, Navy

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

         Research, Development, Test and Evaluation, Air Force

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

        Research, Development, Test and Evaluation, Defense-Wide

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

                Operational Test and Evaluation, Defense

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

                TITLE V--REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

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

                     National Defense Sealift Fund

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

             TITLE VI--OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

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

            Chemical Agents and Munitions Destruction, Army

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

         Drug Interdiction and Counter-Drug Activities, Defense


                     (including transfer of funds)

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

                    Office of the Inspector General

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

                      TITLE VII--RELATED AGENCIES

   Central Intelligence Agency Retirement and Disability System Fund

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

               Intelligence Community Management Account


                     (including transfer of funds)

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

                     TITLE VIII--GENERAL PROVISIONS

       Sec. 8001. No part of any appropriation contained in this 
     Act shall be used for publicity or propaganda purposes not 
     authorized by the Congress.
       Sec. 8002. During the current fiscal year, provisions of 
     law prohibiting the payment of compensation to, or employment 
     of, any person not a citizen of the United States shall not 
     apply to personnel of the Department of Defense: Provided, 
     That salary increases granted to direct and indirect hire 
     foreign national employees of the Department of Defense 
     funded by this Act shall not be at a rate in excess of the 
     percentage increase authorized by law for civilian employees 
     of the Department of Defense whose pay is computed under the 
     provisions of section 5332 of title 5, United States Code, or 
     at a rate in excess of the percentage increase provided by 
     the appropriate host nation to its own employees, whichever 
     is higher: Provided further, That this section shall not 
     apply to Department of Defense foreign service national 
     employees serving at United States diplomatic missions whose 
     pay is set by the Department of State under the Foreign 
     Service Act of 1980: Provided further, That the limitations 
     of this provision shall not apply to foreign national 
     employees of the Department of Defense in the Republic of 
     Turkey.
       Sec. 8003. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year, unless expressly so provided herein.
       Sec. 8004. No more than 20 percent of the appropriations in 
     this Act which are limited for obligation during the current 
     fiscal year shall be obligated during the last 2 months of 
     the fiscal year: Provided, That this section shall not apply 
     to obligations for support of active duty training of reserve 
     components or summer camp training of the Reserve Officers' 
     Training Corps.

[[Page 22565]]




                          (transfer of funds)

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


                          (transfer of funds)

       Sec. 8006. During the current fiscal year, cash balances in 
     working capital funds of the Department of Defense 
     established pursuant to section 2208 of title 10, United 
     States Code, may be maintained in only such amounts as are 
     necessary at any time for cash disbursements to be made from 
     such funds: Provided, That transfers may be made between such 
     funds: Provided further, That transfers may be made between 
     working capital funds and the ``Foreign Currency 
     Fluctuations, Defense'' appropriation and the ``Operation and 
     Maintenance'' appropriation accounts in such amounts as may 
     be determined by the Secretary of Defense, with the approval 
     of the Office of Management and Budget, except that such 
     transfers may not be made unless the Secretary of Defense has 
     notified the Congress of the proposed transfer. Except in 
     amounts equal to the amounts appropriated to working capital 
     funds in this Act, no obligations may be made against a 
     working capital fund to procure or increase the value of war 
     reserve material inventory, unless the Secretary of Defense 
     has notified the Congress prior to any such obligation.
       Sec. 8007. Funds appropriated by this Act may not be used 
     to initiate a special access program without prior 
     notification 30 calendar days in session in advance to the 
     congressional defense committees.
       Sec. 8008. None of the funds provided in this Act shall be 
     available to initiate: (1) a multiyear contract that employs 
     economic order quantity procurement in excess of $20,000,000 
     in any 1 year of the contract or that includes an unfunded 
     contingent liability in excess of $20,000,000; or (2) a 
     contract for advance procurement leading to a multiyear 
     contract that employs economic order quantity procurement in 
     excess of $20,000,000 in any 1 year, unless the congressional 
     defense committees have been notified at least 30 days in 
     advance of the proposed contract award: Provided, That no 
     part of any appropriation contained in this Act shall be 
     available to initiate a multiyear contract for which the 
     economic order quantity advance procurement is not funded at 
     least to the limits of the Government's liability: Provided 
     further, That no part of any appropriation contained in this 
     Act shall be available to initiate multiyear procurement 
     contracts for any systems or component thereof if the value 
     of the multiyear contract would exceed $500,000,000 unless 
     specifically provided in this Act: Provided further, That no 
     multiyear procurement contract can be terminated without 10-
     day prior notification to the congressional defense 
     committees: Provided further, That the execution of multiyear 
     authority shall require the use of a present value analysis 
     to determine lowest cost compared to an annual procurement: 
     Provided further, That none of the funds provided in this Act 
     may be used for a multiyear contract executed after the date 
     of the enactment of this Act unless in the case of any such 
     contract--
       (1) the Secretary of Defense has submitted to Congress a 
     budget request for full funding of units to be procured 
     through the contract;
       (2) cancellation provisions in the contract do not include 
     consideration of recurring manufacturing costs of the 
     contractor associated with the production of unfunded units 
     to be delivered under the contract;
       (3) the contract provides that payments to the contractor 
     under the contract shall not be made in advance of incurred 
     costs on funded units; and
       (4) the contract does not provide for a price adjustment 
     based on a failure to award a follow-on contract.
       Funds appropriated in title III of this Act may be used for 
     a multiyear procurement contract as follows:
       UH-60/MH-60 Helicopters; and
       C-17 Globemaster.
       Sec. 8009. Within the funds appropriated for the operation 
     and maintenance of the Armed Forces, funds are hereby 
     appropriated pursuant to section 401 of title 10, United 
     States Code, for humanitarian and civic assistance costs 
     under chapter 20 of title 10, United States Code. Such funds 
     may also be obligated for humanitarian and civic assistance 
     costs incidental to authorized operations and pursuant to 
     authority granted in section 401 of chapter 20 of title 10, 
     United States Code, and these obligations shall be reported 
     as required by section 401(d) of title 10, United States 
     Code: Provided, That funds available for operation and 
     maintenance shall be available for providing humanitarian and 
     similar assistance by using Civic Action Teams in the Trust 
     Territories of the Pacific Islands and freely associated 
     states of Micronesia, pursuant to the Compact of Free 
     Association as authorized by Public Law 99-239: Provided 
     further, That upon a determination by the Secretary of the 
     Army that such action is beneficial for graduate medical 
     education programs conducted at Army medical facilities 
     located in Hawaii, the Secretary of the Army may authorize 
     the provision of medical services at such facilities and 
     transportation to such facilities, on a nonreimbursable 
     basis, for civilian patients from American Samoa, the 
     Commonwealth of the Northern Mariana Islands, the Marshall 
     Islands, the Federated States of Micronesia, Palau, and Guam.
       Sec. 8010. (a) During fiscal year 2006, the civilian 
     personnel of the Department of Defense may not be managed on 
     the basis of any end-strength, and the management of such 
     personnel during that fiscal year shall not be subject to any 
     constraint or limitation (known as an end-strength) on the 
     number of such personnel who may be employed on the last day 
     of such fiscal year.
       (b) The fiscal year 2007 budget request for the Department 
     of Defense as well as all justification material and other 
     documentation supporting the fiscal year 2007 Department of 
     Defense budget request shall be prepared and submitted to the 
     Congress as if subsections (a) and (b) of this provision were 
     effective with regard to fiscal year 2006.
       (c) Nothing in this section shall be construed to apply to 
     military (civilian) technicians.
       Sec. 8011. None of the funds appropriated in this or any 
     other Act may be used to initiate a new installation overseas 
     without 30-day advance notification to the Committees on 
     Appropriations.
       Sec. 8012. None of the funds made available by this Act 
     shall be used in any way, directly or indirectly, to 
     influence congressional action on any legislation or 
     appropriation matters pending before the Congress.
       Sec. 8013. None of the funds appropriated by this Act shall 
     be available for the basic pay and allowances of any member 
     of the Army participating as a full-time student and 
     receiving benefits paid by the Secretary of Veterans Affairs 
     from the Department of Defense Education Benefits Fund when 
     time spent as a full-time student is credited toward 
     completion of a service commitment: Provided, That this 
     subsection shall not apply to those members who have 
     reenlisted with this option prior to October 1, 1987: 
     Provided further, That this subsection applies only to active 
     components of the Army.
       Sec. 8014. (a) Limitation on Conversion to Contractor 
     Performance.--None of the funds appropriated by this Act 
     shall be available to convert to contractor performance an 
     activity or function of the Department of Defense that, on or 
     after the date of the enactment of this Act, is performed by 
     more than 10 Department of Defense civilian employees 
     unless--
       (1) the conversion is based on the result of a public-
     private competition that includes a most efficient and cost 
     effective organization plan developed by such activity or 
     function;
       (2) the Competitive Sourcing Official determines that, over 
     all performance periods stated in the solicitation of offers 
     for performance of the activity or function, the cost of 
     performance of the activity or function by a contractor would 
     be less costly to the Department of Defense by an amount that 
     equals or exceeds the lesser of--
       (A) 10 percent of the most efficient organization's 
     personnel-related costs for performance of that activity or 
     function by Federal employees; or
       (B) $10,000,000; and
       (3) the contractor does not receive an advantage for a 
     proposal that would reduce costs for the Department of 
     Defense by--
       (A) not making an employer-sponsored health insurance plan 
     available to the workers who are to be employed in the 
     performance of that activity or function under the contract; 
     or
       (B) offering to such workers an employer-sponsored health 
     benefits plan that requires the employer to contribute less 
     towards the premium or subscription share than the amount 
     that is paid by the Department of Defense for health benefits 
     for civilian employees under chapter 89 of title 5, United 
     States Code.
       (b) Exceptions.--
       (1) The Department of Defense, without regard to subsection 
     (a) of this section or subsections (a), (b), or (c) of 
     section 2461 of title 10, United States Code, and 
     notwithstanding any administrative regulation, requirement, 
     or policy to the contrary shall have full authority to enter 
     into a contract for the performance of any commercial or 
     industrial type function of the Department of Defense that--
       (A) is included on the procurement list established 
     pursuant to section 2 of the Javits-Wagner-O'Day Act (41 
     U.S.C. 47);
       (B) is planned to be converted to performance by a 
     qualified nonprofit agency for the blind or

[[Page 22566]]

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


                          (transfer of funds)

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


                     (including transfer of funds)

       Sec. 8027. (a) Of the funds made available in this Act, not 
     less than $31,109,000 shall be available for the Civil Air 
     Patrol Corporation, of which--
       (1) $24,288,000 shall be available from ``Operation and 
     Maintenance, Air Force'' to support Civil Air Patrol 
     Corporation operation and maintenance, readiness, counterdrug 
     activities, and drug demand reduction activities involving 
     youth programs;
       (2) $6,000,000 shall be available from ``Aircraft 
     Procurement, Air Force''; and
       (3) $821,000 shall be available from ``Other Procurement, 
     Air Force'' for vehicle procurement.
       (b) The Secretary of the Air Force should waive 
     reimbursement for any funds used by the Civil Air Patrol for 
     counter-drug activities in support of Federal, State, and 
     local government agencies.
       Sec. 8028. (a) None of the funds appropriated in this Act 
     are available to establish a new Department of Defense 
     (department) federally funded research and development center 
     (FFRDC), either as a new entity, or as a separate entity 
     administrated by an organization managing another FFRDC, or 
     as a nonprofit membership corporation consisting of a 
     consortium of other FFRDCs and other non-profit entities.
       (b) No member of a Board of Directors, Trustees, Overseers, 
     Advisory Group, Special Issues Panel, Visiting Committee, or 
     any similar entity of a defense FFRDC, and no paid consultant 
     to any defense FFRDC, except when acting in a technical 
     advisory capacity, may be compensated for his or her services 
     as a member of such entity, or as a paid consultant by more 
     than one FFRDC in a fiscal year: Provided, That a member of 
     any such entity referred to previously in this subsection 
     shall be allowed travel expenses and per diem as authorized 
     under the Federal Joint Travel Regulations, when engaged in 
     the performance of membership duties.
       (c) Notwithstanding any other provision of law, none of the 
     funds available to the department from any source during 
     fiscal year 2006 may be used by a defense FFRDC, through a 
     fee

[[Page 22567]]

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


                     (including transfer of funds)

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

[[Page 22568]]

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


                             (rescissions)

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


                          (transfer of funds)

       Sec. 8058. Appropriations available under the heading 
     ``Operation and Maintenance, Defense-Wide'' for the current 
     fiscal year and hereafter for increasing energy and water 
     efficiency in Federal buildings may, during their period of 
     availability, be transferred to other appropriations or funds 
     of the Department of Defense for projects related to 
     increasing energy and water efficiency, to be merged with and 
     to be available for the same general purposes, and for the 
     same time period, as the appropriation or fund to which 
     transferred.
       Sec. 8059. None of the funds appropriated by this Act may 
     be used for the procurement of ball and roller bearings other 
     than those produced by a domestic source and of domestic 
     origin: Provided, That the Secretary of the military 
     department responsible for such procurement may waive this 
     restriction on a case-by-case basis by certifying in writing 
     to the Committees on Appropriations of the House of 
     Representatives and the Senate, that adequate domestic 
     supplies are not available to meet Department of Defense

[[Page 22569]]

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


                     (including transfer of funds)

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

[[Page 22570]]

     and the foreign country, or would invalidate reciprocal trade 
     agreements for the procurement of defense items entered into 
     under section 2531 of title 10, United States Code, and the 
     country does not discriminate against the same or similar 
     defense items produced in the United States for that country.
       (b) Subsection (a) applies with respect to--
       (1) contracts and subcontracts entered into on or after the 
     date of the enactment of this Act; and
       (2) options for the procurement of items that are exercised 
     after such date under contracts that are entered into before 
     such date if the option prices are adjusted for any reason 
     other than the application of a waiver granted under 
     subsection (a).
       (c) Subsection (a) does not apply to a limitation regarding 
     construction of public vessels, ball and roller bearings, 
     food, and clothing or textile materials as defined by section 
     11 (chapters 50-65) of the Harmonized Tariff Schedule and 
     products classified under headings 4010, 4202, 4203, 6401 
     through 6406, 6505, 7019, 7218 through 7229, 7304.41 through 
     7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 
     8215, and 9404.
       Sec. 8076. (a) Prohibition.--None of the funds made 
     available by this Act may be used to support any training 
     program involving a unit of the security forces of a foreign 
     country if the Secretary of Defense has received credible 
     information from the Department of State that the unit has 
     committed a gross violation of human rights, unless all 
     necessary corrective steps have been taken.
       (b) Monitoring.--The Secretary of Defense, in consultation 
     with the Secretary of State, shall ensure that prior to a 
     decision to conduct any training program referred to in 
     subsection (a), full consideration is given to all credible 
     information available to the Department of State relating to 
     human rights violations by foreign security forces.
       (c) Waiver.--The Secretary of Defense, after consultation 
     with the Secretary of State, may waive the prohibition in 
     subsection (a) if he determines that such waiver is required 
     by extraordinary circumstances.
       (d) Report.--Not more than 15 days after the exercise of 
     any waiver under subsection (c), the Secretary of Defense 
     shall submit a report to the congressional defense committees 
     describing the extraordinary circumstances, the purpose and 
     duration of the training program, the United States forces 
     and the foreign security forces involved in the training 
     program, and the information relating to human rights 
     violations that necessitates the waiver.
       Sec. 8077. (a) The Secretary of Defense, in coordination 
     with the Secretary of Health and Human Services, may carry 
     out a program to distribute surplus dental and medical 
     equipment of the Department of Defense, at no cost to the 
     Department of Defense, to Indian Health Service facilities 
     and to federally-qualified health centers (within the meaning 
     of section 1905(l)(2)(B) of the Social Security Act (42 
     U.S.C. 1396d(l)(2)(B))).
       (b) In carrying out this provision, the Secretary of 
     Defense shall give the Indian Health Service a property 
     disposal priority equal to the priority given to the 
     Department of Defense and its twelve special screening 
     programs in distribution of surplus dental and medical 
     supplies and equipment.
       Sec. 8078. None of the funds appropriated or made available 
     in this Act to the Department of the Navy shall be used to 
     develop, lease or procure the T-AKE class of ships unless the 
     main propulsion diesel engines and propulsors are 
     manufactured in the United States by a domestically operated 
     entity: Provided, That the Secretary of Defense may waive 
     this restriction on a case-by-case basis by certifying in 
     writing to the Committees on Appropriations of the House of 
     Representatives and the Senate that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes or there exists a significant cost or 
     quality difference.
       Sec. 8079. None of the funds appropriated or otherwise made 
     available by this or other Department of Defense 
     Appropriations Acts may be obligated or expended for the 
     purpose of performing repairs or maintenance to military 
     family housing units of the Department of Defense, including 
     areas in such military family housing units that may be used 
     for the purpose of conducting official Department of Defense 
     business.
       Sec. 8080. Notwithstanding any other provision of law, 
     funds appropriated in this Act under the heading ``Research, 
     Development, Test and Evaluation, Defense-Wide'' for any new 
     start advanced concept technology demonstration project may 
     only be obligated 30 days after a report, including a 
     description of the project, the planned acquisition and 
     transition strategy and its estimated annual and total cost, 
     has been provided in writing to the congressional defense 
     committees: Provided, That the Secretary of Defense may waive 
     this restriction on a case-by-case basis by certifying to the 
     congressional defense committees that it is in the national 
     interest to do so.
       Sec. 8081. The Secretary of Defense shall provide a 
     classified quarterly report, beginning 30 days after 
     enactment of this Act, to the House and Senate Appropriations 
     Committees, Subcommittees on Defense on certain matters as 
     directed in the classified annex accompanying this Act.
       Sec. 8082. During the current fiscal year, refunds 
     attributable to the use of the Government travel card, 
     refunds attributable to the use of the Government Purchase 
     Card and refunds attributable to official Government travel 
     arranged by Government Contracted Travel Management Centers 
     may be credited to operation and maintenance, and research, 
     development, test and evaluation accounts of the Department 
     of Defense which are current when the refunds are received.
       Sec. 8083. (a) Registering Financial Management Information 
     Technology Systems With DOD Chief Information Officer.--None 
     of the funds appropriated in this Act may be used for a 
     mission critical or mission essential financial management 
     information technology system (including a system funded by 
     the defense working capital fund) that is not registered with 
     the Chief Information Officer of the Department of Defense. A 
     system shall be considered to be registered with that officer 
     upon the furnishing to that officer of notice of the system, 
     together with such information concerning the system as the 
     Secretary of Defense may prescribe. A financial management 
     information technology system shall be considered a mission 
     critical or mission essential information technology system 
     as defined by the Under Secretary of Defense (Comptroller).
       (b) Certifications as to Compliance With Financial 
     Management Modernization Plan.--
       (1) During the current fiscal year, a financial management 
     automated information system, a mixed information system 
     supporting financial and non-financial systems, or a system 
     improvement of more than $1,000,000 may not receive Milestone 
     A approval, Milestone B approval, or full rate production, or 
     their equivalent, within the Department of Defense until the 
     Under Secretary of Defense (Comptroller) certifies, with 
     respect to that milestone, that the system is being developed 
     and managed in accordance with the Department's Financial 
     Management Modernization Plan. The Under Secretary of Defense 
     (Comptroller) may require additional certifications, as 
     appropriate, with respect to any such system.
       (2) The Chief Information Officer shall provide the 
     congressional defense committees timely notification of 
     certifications under paragraph (1).
       (c) Certifications as to Compliance With Clinger-Cohen 
     Act.--
       (1) During the current fiscal year, a major automated 
     information system may not receive Milestone A approval, 
     Milestone B approval, or full rate production approval, or 
     their equivalent, within the Department of Defense until the 
     Chief Information Officer certifies, with respect to that 
     milestone, that the system is being developed in accordance 
     with the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.). 
     The Chief Information Officer may require additional 
     certifications, as appropriate, with respect to any such 
     system.
       (2) The Chief Information Officer shall provide the 
     congressional defense committees timely notification of 
     certifications under paragraph (1). Each such notification 
     shall include, at a minimum, the funding baseline and 
     milestone schedule for each system covered by such a 
     certification and confirmation that the following steps have 
     been taken with respect to the system:
       (A) Business process reengineering.
       (B) An analysis of alternatives.
       (C) An economic analysis that includes a calculation of the 
     return on investment.
       (D) Performance measures.
       (E) An information assurance strategy consistent with the 
     Department's Global Information Grid.
       (d) Definitions.--For purposes of this section:
       (1) The term ``Chief Information Officer'' means the senior 
     official of the Department of Defense designated by the 
     Secretary of Defense pursuant to section 3506 of title 44, 
     United States Code.
       (2) The term ``information technology system'' has the 
     meaning given the term ``information technology'' in section 
     5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401).
       Sec. 8084. During the current fiscal year, none of the 
     funds available to the Department of Defense may be used to 
     provide support to another department or agency of the United 
     States if such department or agency is more than 90 days in 
     arrears in making payment to the Department of Defense for 
     goods or services previously provided to such department or 
     agency on a reimbursable basis: Provided, That this 
     restriction shall not apply if the department is authorized 
     by law to provide support to such department or agency on a 
     nonreimbursable basis, and is providing the requested support 
     pursuant to such authority: Provided further, That the 
     Secretary of Defense may waive this restriction on a case-by-
     case basis by certifying in writing to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     that it is in the national security interest to do so.
       Sec. 8085. None of the funds provided in this Act may be 
     used to transfer to any nongovernmental entity ammunition 
     held by the Department of Defense that has a center-fire 
     cartridge and a United States military nomenclature 
     designation of ``armor penetrator'', ``armor piercing (AP)'', 
     ``armor piercing incendiary (API)'', or ``armor-piercing 
     incendiary-tracer (API-T)'', except to an entity performing 
     demilitarization services for the Department of Defense under 
     a contract that requires the entity to demonstrate to the 
     satisfaction of the Department of Defense that armor piercing 
     projectiles are either: (1)

[[Page 22571]]

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


                     (including transfer of funds)

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


                     (including transfer of funds)

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


                     (including transfer of funds)

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

[[Page 22572]]

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


                          (transfer of funds)

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


                          (TRANSFER OF FUNDS)

       Sec. 8113. Upon enactment of this Act, the Secretary of 
     Defense shall make the following transfer of funds: Provided, 
     That funds so transferred shall be merged with and shall be 
     available for the same purpose and for the same time period 
     as the appropriation to which transferred: Provided further, 
     That the amounts shall be transferred between the following 
     appropriations in the amounts specified:
       From:
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     2003/2007'':
       For outfitting, post delivery, conversions, and first 
     destination transportation, $3,300,000;
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     2004/2008'':
       For outfitting, post delivery, conversions, and first 
     destination transportation, $6,100,000;
       To:
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     2003/2007'':
       SSGN, $3,300,000.
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     2004/2008'':
       SSGN, $6,100,000.
       Sec. 8114. None of the funds in this Act may be obligated 
     for a classified program as described on page 18 of the 
     compartmented annex to Volume IV of the Fiscal Year 2006 
     National Intelligence Program justification book unless 
     specifically authorized in the Intelligence Authorization Act 
     for Fiscal Year 2006.
       Sec. 8115. (a) The Director of the Office of Management and 
     Budget shall, in coordination with the Secretary of Defense 
     and the Secretary of Homeland Security, conduct a study on 
     improving the response of the Federal Government to 
     disasters.
       (b) The study under subsection (a) shall--
       (1) consider mechanisms for coordinating and expediting 
     disaster response efforts;
       (2) examine the role of the Department of Defense in 
     participating in disaster response efforts, including by 
     providing planning, logistics, and relief and reconstruction 
     assistance;
       (3) consider the establishment of criteria for 
     automatically triggering the participation of the Department 
     of Defense in disaster response efforts; and
       (4) assess the role of the United States Geological Survey 
     in enhancing disaster preparation measures.
       (c) Not later than May 1, 2006, the Director of the Office 
     of Management and Budget shall submit to Congress a report on 
     the study conducted under subsection (a), including--
       (1) recommendations for improving the response of the 
     Federal Government to disasters, including by providing for 
     greater participation by the Department of Defense in 
     response efforts; and
       (2) proposals for any legislation or regulations that the 
     Director determines necessary to implement such 
     recommendations.
       Sec. 8116. (a) From the money in the Treasury not otherwise 
     obligated or appropriated, there are appropriated to the 
     Centers for Disease Control and Prevention $3,913,000,000 for 
     activities relating to the avian flu epidemic during the 
     fiscal year ending September 30, 2006, which shall be 
     available until expended.
       (b) Of the amount appropriated under subsection (a)--
       (1) $3,080,000,000 shall be for the stockpiling of 
     antivirals and necessary medical supplies;
       (2) $33,000,000 shall be for global surveillance relating 
     to avian flu;
       (3) $125,000,000 shall be to increase the national 
     investment in domestic vaccine infrastructure including 
     development and research;

[[Page 22573]]

       (4) $600,000,000 shall be for additional grants to state 
     and local public health agencies for emergency preparedness, 
     to increase funding for emergency preparedness centers, and 
     to expand hospital surge capacity;
       (5) $75,000,000 shall be for risk communication and 
     outreach to providers, businesses, and to the American 
     public;
       (c) The amount appropriated under subsection (a)--
       (1) is designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress); and
       (2) shall remain available until expended.
       (d) This section shall take effect on the date of enactment 
     of this Act.
       Sec. 8117. Nonreduction in pay while Federal employee is 
     performing active service in the uniformed services or 
     National Guard. (a) Short Title.--This section may be cited 
     as the ``Reservists Pay Security Act of 2005''.
       (b) In General.--Subchapter IV of chapter 55 of title 5, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 5538. Nonreduction in pay while serving in the 
       uniformed services or National Guard

       ``(a) An employee who is absent from a position of 
     employment with the Federal Government in order to perform 
     active duty in the uniformed services pursuant to a call or 
     order to active duty under a provision of law referred to in 
     section 101(a)(13)(B) of title 10 shall be entitled, while 
     serving on active duty, to receive, for each pay period 
     described in subsection (b), an amount equal to the amount by 
     which--
       ``(1) the amount of basic pay which would otherwise have 
     been payable to such employee for such pay period if such 
     employee's civilian employment with the Government had not 
     been interrupted by that service, exceeds (if at all)
       ``(2) the amount of pay and allowances which (as determined 
     under subsection (d))--
       ``(A) is payable to such employee for that service; and
       ``(B) is allocable to such pay period.
       ``(b)(1) Amounts under this section shall be payable with 
     respect to each pay period (which would otherwise apply if 
     the employee's civilian employment had not been 
     interrupted)--
       ``(A) during which such employee is entitled to 
     reemployment rights under chapter 43 of title 38 with respect 
     to the position from which such employee is absent (as 
     referred to in subsection (a)); and
       ``(B) for which such employee does not otherwise receive 
     basic pay (including by taking any annual, military, or other 
     paid leave) to which such employee is entitled by virtue of 
     such employee's civilian employment with the Government.
       ``(2) For purposes of this section, the period during which 
     an employee is entitled to reemployment rights under chapter 
     43 of title 38--
       ``(A) shall be determined disregarding the provisions of 
     section 4312(d) of title 38; and
       ``(B) shall include any period of time specified in section 
     4312(e) of title 38 within which an employee may report or 
     apply for employment or reemployment following completion of 
     service on active duty to which called or ordered as 
     described in subsection (a).
       ``(c) Any amount payable under this section to an employee 
     shall be paid--
       ``(1) by such employee's employing agency;
       ``(2) from the appropriation or fund which would be used to 
     pay the employee if such employee were in a pay status; and
       ``(3) to the extent practicable, at the same time and in 
     the same manner as would basic pay if such employee's 
     civilian employment had not been interrupted.
       ``(d) The Office of Personnel Management shall, in 
     consultation with Secretary of Defense, prescribe any 
     regulations necessary to carry out the preceding provisions 
     of this section.
       ``(e)(1) The head of each agency referred to in section 
     2302(a)(2)(C)(ii) shall, in consultation with the Office, 
     prescribe procedures to ensure that the rights under this 
     section apply to the employees of such agency.
       ``(2) The Administrator of the Federal Aviation 
     Administration shall, in consultation with the Office, 
     prescribe procedures to ensure that the rights under this 
     section apply to the employees of that agency.
       ``(f) For purposes of this section--
       ``(1) the terms `employee', `Federal Government', and 
     `uniformed services' have the same respective meanings as 
     given them in section 4303 of title 38;
       ``(2) the term `employing agency', as used with respect to 
     an employee entitled to any payments under this section, 
     means the agency or other entity of the Government (including 
     an agency referred to in section 2302(a)(2)(C)(ii)) with 
     respect to which such employee has reemployment rights under 
     chapter 43 of title 38; and
       ``(3) the term `basic pay' includes any amount payable 
     under section 5304.''.
       (c) Clerical Amendment.--The table of sections for chapter 
     55 of title 5, United States Code, is amended by inserting 
     after the item relating to section 5537 the following:

``5538. Nonreduction in pay while serving in the uniformed services or 
              National Guard.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply with respect to pay periods (as described in 
     section 5538(b) of title 5, United States Code, as amended by 
     this section) beginning on or after the date of enactment of 
     this Act.
       Sec. 8118. Notwithstanding Section 101 of H.J. Res. 68, the 
     Community Services Block Grant program shall be funded at the 
     same rate of operation as in Division F of Public Law 108-
     447, through November 18, 2005.
       Sec. 8119. Applications for Impact Aid Payment.--
     Notwithstanding paragraphs (2) and (3) of section 8005(d) of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7705(d)(2) and (3)), the Secretary of Education shall treat 
     as timely filed, and shall process for payment, an 
     application under section 8002 or section 8003 of such Act 
     (20 U.S.C. 7702, 7703) for fiscal year 2005 from a local 
     educational agency--
       (1) that, for each of the fiscal years 2000 through 2004, 
     submitted an application by the date specified by the 
     Secretary of Education under section 8005(c) of such Act for 
     the fiscal year;
       (2) for which a reduction of more than $1,000,000 was made 
     under section 8005(d)(2) of such Act by the Secretary of 
     Education as a result of the agency's failure to file a 
     timely application under section 8002 or 8003 of such Act for 
     fiscal year 2005; and
       (3) that submits an application for fiscal year 2005 during 
     the period beginning on February 2, 2004, and ending on the 
     date of enactment of this Act.
       Sec. 8120. Of the amount appropriated by title III under 
     the heading ``Other Procurement, Navy'', up to $3,000,000 may 
     be made available for the Joint Aviation Technical Data 
     Integration Program.
       Sec. 8121. (a) Renaming of Death Gratuity Payable for 
     Deaths of Members of the Armed Forces.--Subchapter II of 
     chapter 75 of title 10, United States Code, is amended as 
     follows:
       (1) In section 1475(a), by striking ``have a death gratuity 
     paid'' and inserting ``have fallen hero compensation paid''.
       (2) In section 1476(a)--
       (A) in paragraph (1), by striking ``a death gratuity'' and 
     inserting ``fallen hero compensation''; and
       (B) in paragraph (2), by striking ``A death gratuity'' and 
     inserting ``Fallen hero compensation''.
       (3) In section 1477(a), by striking ``A death gratuity'' 
     and inserting ``Fallen hero compensation''.
       (4) In section 1478(a), by striking ``The death gratuity'' 
     and inserting ``The amount of fallen hero compensation''.
       (5) In section 1479(1), by striking ``the death gratuity'' 
     and inserting ``fallen hero compensation''.
       (6) In section 1489--
       (A) in subsection (a), by striking ``a gratuity'' in the 
     matter preceding paragraph (1) and inserting ``fallen hero 
     compensation''; and
       (B) in subsection (b)(2), by inserting ``or other 
     assistance'' after ``lesser death gratuity''.
       (b) Clerical Amendments.--
       (1) Such subchapter is further amended by striking ``Death 
     gratuity:'' each place it appears in the heading of sections 
     1475 through 1480 and 1489 and inserting ``Fallen hero 
     compensation:''.
       (2) The table of sections at the beginning of such 
     subchapter is amended by striking ``Death gratuity:'' in the 
     items relating to sections 1474 through 1480 and 1489 and 
     inserting ``Fallen hero compensation:''.
       (c) General References.--Any reference to a death gratuity 
     payable under subchapter II of chapter 75 of title 10, United 
     States Code, in any law, regulation, document, paper, or 
     other record of the United States shall be deemed to be a 
     reference to fallen hero compensation payable under such 
     subchapter, as amended by this section.
       Sec. 8122. Of the amount appropriated by title IV under the 
     heading ``Research, Development, Test, and Evaluation, Air 
     Force'', up to $3,000,000 may be used for research and 
     development on the reliability of field programmable gate 
     arrays for space applications.
       Sec. 8123. Of the amount appropriated by title IV under the 
     heading ``Research, Development, Test, and Evaluation, 
     Army'', up to $1,000,000 may be used for Chemical Biological 
     Defense Material Test and Evaluation Initiative.
       Sec. 8124. Of the amount appropriated by title IV under the 
     heading ``Research, Development, Test and Evaluation, Army'', 
     up to $1,000,000 may be made available for an environmental 
     management and compliance information system.
       Sec. 8125. Of the amount appropriated by title IV under the 
     heading ``Research, Development, Test and Evaluation, Army'', 
     up to $2,000,000 may be made available for medical advanced 
     technology for applied emergency hypothermia for advanced 
     combat casualty life support.
       Sec. 8126. (a) Findings.--The Senate makes the following 
     findings:
       (1) The Department of Defense Appropriations Act, 2004 
     (Public Law 108-87), the Department of Defense Appropriations 
     Act, 2005 (Public Law 108-287), and the Emergency 
     Supplemental Appropriations Act for Defense, the Global War 
     on Terror, and Tsunami Relief, 2005 (Public Law 109-13) each 
     contain a sense of the Senate provision urging the President 
     to provide in the annual budget requests of the President for 
     a fiscal year under section 1105(a) of title 31, United 
     States Code, an estimate of the cost of ongoing military 
     operations in Iraq and Afghanistan in such fiscal year.
       (2) The budget for fiscal year 2006 submitted to Congress 
     by the President on February 7, 2005, requests no funds for 
     fiscal year 2006 for ongoing military operations in Iraq or 
     Afghanistan.
       (3) According to the Congressional Research Service, there 
     exists historical precedent for including the cost of ongoing 
     military operations

[[Page 22574]]

     in the annual budget requests of the President following 
     initial funding for such operations by emergency or 
     supplemental appropriations Acts, including--
       (A) funds for Operation Noble Eagle, beginning in the 
     budget request of President George W. Bush for fiscal year 
     2005;
       (B) funds for operations in Kosovo, beginning in the budget 
     request of President George W. Bush for fiscal year 2001;
       (C) funds for operations in Bosnia, beginning in budget 
     request of President Clinton for fiscal year 1997;
       (D) funds for operations in Southwest Asia, beginning in 
     the budget request of President Clinton for fiscal year 1997;
       (E) funds for operations in Vietnam, beginning in the 
     budget request of President Johnson for fiscal year 1966; and
       (F) funds for World War II, beginning in the budget request 
     of President Roosevelt for fiscal year 1943.
       (4) In section 1024(b) of Emergency Supplemental 
     Appropriations Act for Defense, the Global War on Terror, and 
     Tsunami Relief, 2005 (119 Stat. 252), the Senate requested 
     that the President submit to Congress, not later than 
     September 1, 2005, an amendment to the budget of the 
     President for fiscal year 2006 setting forth detailed cost 
     estimates for ongoing military operations overseas during 
     such fiscal year.
       (5) The President has yet to submit such an amendment.
       (6) The Department of Defense Appropriations Act, 2006, as 
     reported to the Senate by the Committee on Appropriations of 
     the Senate on September 28, 2005, contains a bridge fund of 
     $50,000,000,000 for overseas contingency operations, but the 
     determination of that amount could not take into account any 
     Administration estimate on the projected cost of such 
     operations in fiscal year 2006.
       (7) In February 2005, the Congressional Budget Office 
     estimated that fiscal year 2006 cost of ongoing military 
     operations in Iraq and Afghanistan could total 
     $85,000,000,000.
       (b) Sense of Senate.--It is the sense of the Senate that--
       (1) any request for funds for a fiscal year after fiscal 
     year 2006 for an ongoing military operation overseas, 
     including operations in Afghanistan and Iraq, should be 
     included in the annual budget of the President for such 
     fiscal year as submitted to Congress under section 1105(a) of 
     title 31, United States Code;
       (2) the amendment to the budget of the President for fiscal 
     year 2006, requested by the Senate to be submitted to 
     Congress not later than September 1, 2005, by section 1024(b) 
     of Emergency Supplemental Appropriations Act for Defense, the 
     Global War on Terror, and Tsunami Relief, 2005, is necessary 
     to describe the anticipated use of the $50,000,000,000 bridge 
     fund appropriated in this Act and set forth all additional 
     appropriations that will be required for the fiscal year; and
       (3) any funds provided for a fiscal year for ongoing 
     military operations overseas should be provided in 
     appropriations Acts for such fiscal year through 
     appropriations to specific accounts set forth in such 
     appropriations Acts.
       Sec. 8127. (a) Reimbursement for Certain Protective, 
     Safety, or Health Equipment Purchased by or for Members of 
     the Armed Forces for Deployment in Operations in Iraq and 
     Central Asia.--
       (1) In general.--Subject to subsections (d) and (e), the 
     Secretary of Defense shall reimburse a member of the Armed 
     Forces, or a person or entity referred to in paragraph (2), 
     for the cost (including shipping cost) of any protective, 
     safety, or health equipment that was purchased by such 
     member, or such person or entity on behalf of such member, 
     before or during the deployment of such member in Operation 
     Noble Eagle, Operation Enduring Freedom, or Operation Iraqi 
     Freedom for the use of such member in connection with such 
     operation if the unit commander of such member certifies that 
     such equipment was critical to the protection, safety, or 
     health of such member.
       (2) Covered persons and entities.--A person or entity 
     referred to in this paragraph is a family member or relative 
     of a member of the Armed Forces, a non-profit organization, 
     or a community group.
       (3) Regulations not required for reimbursement.--
     Reimbursements may be made under this subsection in advance 
     of the promulgation by the Secretary of Defense of 
     regulations, if any, relating to the administration of this 
     section.
       (b) Protective Equipment Reimbursement Fund.--
       (1) Establishment.--There is hereby established an account 
     to be known as the ``Protective Equipment Reimbursement 
     Fund'' (in this subsection referred to as the ``Fund'').
       (2) Elements.--The Fund shall consist of amounts deposited 
     in the Fund from amounts available for the Fund under 
     subsection (f).
       (3) Availability.--Amounts in the Fund shall be available 
     directly to the unit commanders of members of the Armed 
     Forces for the making of reimbursements for protective, 
     safety, and health equipment under subsection (a).
       (4) Documentation.--Each person seeking reimbursement under 
     subsection (a) for protective, safety, or health equipment 
     purchased by or on behalf of a member of the Armed Forces 
     shall submit to the unit commander of such member such 
     documentation as is necessary to establish each of the 
     following:
       (A) The nature of such equipment, including whether or not 
     such equipment qualifies as protective, safety, or health 
     equipment under subsection (c).
       (B) The cost of such equipment.
       (c) Covered Protective, Safety, and Health Equipment.--
     Protective, safety, and health equipment for which 
     reimbursement shall be made under subsection (a) shall 
     include personal body armor, collective armor or protective 
     equipment (including armor or protective equipment for high 
     mobility multi-purpose wheeled vehicles), and items provided 
     through the Rapid Fielding Initiative of the Army, or 
     equivalent programs of the other Armed Forces, such as the 
     advanced (on-the-move) hydration system, the advanced combat 
     helmet, the close combat optics system, a Global Positioning 
     System (GPS) receiver, a gun scope and a soldier 
     intercommunication device.
       (d) Limitation Regarding Amount of Reimbursement.--The 
     amount of reimbursement provided under subsection (a) per 
     item of protective, safety, and health equipment purchased by 
     or on behalf of any given member of the Armed Forces may not 
     exceed the lesser of--
       (1) the cost of such equipment (including shipping cost); 
     or
       (2) $1,100.
       (e) Ownership of Equipment.--The Secretary shall identify 
     the circumstances, if any, under which the United States 
     shall assume title or ownership of protective, safety, or 
     health equipment for which reimbursement is provided under 
     subsection (a).
       (f) Funding.--
       (1) In general.--Except as provided in paragraph (2), 
     amounts for reimbursements under subsection (a) shall be 
     derived from any amounts authorized to be appropriated by 
     this Act.
       (2) Exception.--Amounts authorized to be appropriated by 
     this Act and available for the procurement of equipment for 
     members of the Armed Forces deployed, or to be deployed, to 
     Iraq or Afghanistan may not be utilized for reimbursements 
     under subsection (a).
       (g) Repeal of Superseded Authority.--Section 351 of the 
     Ronald W. Reagan National Defense Authorization Act for 
     Fiscal Year 2005 (Public Law 108-375; 118. Stat. 1857) is 
     repealed.
       Sec. 8128. Ensuring Transparency in Federal Contracting.--
     (a) Publication of Information on Federal Contractor 
     Misconduct.--The Secretary of Defense shall maintain a 
     publicly-available website that provides information on 
     instances of improper conduct by contractors entering into or 
     carrying out Federal contracts, including instances in which 
     contractors have been fined, paid penalties or restitution, 
     settled, plead guilty to, or had judgments entered against 
     them in connection with allegations of improper conduct.
       (b) Reports on Federal No-bid Contracts Related to Iraq 
     Reconstruction.--
       (1) Reports required.--Not later than 7 days after entering 
     into a no-bid contract to procure property or services in 
     connection with Iraq reconstruction, the head of an executive 
     agency shall submit to the Secretary of Defense a report on 
     the contract.
       (2) Content.--Each report submitted under paragraph (1) 
     shall include the following information:
       (A) The date the contract was awarded.
       (B) The contract number.
       (C) The name of the contractor.
       (D) The amounts awarded and obligated under the contract.
       (E) The scope of work under the contract.
       (3) Publication.--The Secretary of Defense shall maintain a 
     publicly-available website that lists the information 
     provided in reports submitted under paragraph (1).
       (4) Executive agency defined.--In this subsection, the term 
     ``executive agency'' has the meaning given such term in 
     section 4 of the Office of Federal Procurement Policy Act (41 
     U.S.C. 403).
       Sec. 8129. (a) Prohibition on Transfer of Authority on 
     Tactical Unmanned Aerial Vehicles.--None of the funds 
     appropriated by this Act may be used to transfer research and 
     development, acquisition, or other program authority relating 
     to current tactical unmanned aerial vehicles (TUAVs) from the 
     Army.
       (b) Extended Range Multi-Purpose Unmanned Aerial 
     Vehicles.--The Army shall retain responsibility for and 
     operational control of the Extended Range Multi-Purpose 
     (ERMP) Unmanned Aerial Vehicle (UAV) in order to support the 
     Secretary of Defense in matters relating to the employment of 
     unmanned aerial vehicles.
       Sec. 8130. Of the amount appropriated in title III under 
     the heading ``Other Procurement, Navy'', up to $2,000,000 may 
     be made available for the Surface Sonar Dome Window Program.
       Sec. 8131. Of the amount appropriated by title IV under the 
     heading ``Research, Development, Test, and Evaluation, 
     Army'', up to $700,000 may be used for Medical 
     Countermeasures to Nerve Agents.
       Sec. 8132. Of the amount appropriated by title IV under the 
     heading ``Research, Development, Test, and Evaluation, 
     Defense-Wide'', up to $5,000,000 may be used for High 
     Performance Defense Manufacturing Technology Research and 
     Development.
       Sec. 8133. Of the amount appropriated by title II under the 
     heading ``Operation and Maintenance, Army'', up to $600,000 
     may be made available for removal of unexploded ordnance at 
     Camp Wheeler, Georgia.
       Sec. 8134. Of the amount appropriated by title IV under the 
     heading ``Research, Development, Test, and Evaluation, 
     Army'', up to $4,000,000 may be used for the development of 
     light-weight rigid-rod polyphenylene ammunition.

[[Page 22575]]

       Sec. 8135. Of the amounts appropriated by title VII under 
     the heading ``Intelligence Community Management Account'', up 
     to $2,000,000 may be used for the Pat Roberts Intelligence 
     Scholars Program.
       Sec. 8136. Of the amount appropriated by title IV under the 
     heading ``Research, Development, Test, and Evaluation, 
     Army'', up to $1,000,000 may be used for Combat Vehicle and 
     Automotive Technology (PE#0602601A) for the Multipurpose 
     Utility Vehicle.
       Sec. 8137. Of the amount appropriated by this title under 
     the heading ``Research, Development, Test and Evaluation, 
     Navy'', up to $3,000,000 may be available for land attack 
     technology for the Millennium Gun System.
       Sec. 8138. Of the amount appropriated by title IV under the 
     heading ``Research, Development, Test, and Evaluation, 
     Army'', up to $2,000,000 may be used for Moldable Armor.
       Sec. 8139. Pilot Project for Civilian Linguist Reserve 
     Corps.--(a) In General.--The Secretary of Defense, acting 
     through the Chairman of the National Security Education 
     Board, shall, during the 3-year period beginning on the date 
     of enactment of this Act, carry out a pilot program to 
     establish a civilian linguist reserve corps, comprised of 
     United States citizens with advanced levels of proficiency in 
     foreign languages, who would be available, upon request from 
     the President, to perform translation and other services or 
     duties with respect foreign languages for the Federal 
     Government.
       (b) Implementation.--In establishing the Civilian Linguist 
     Reserve Corps, the Secretary, after reviewing the findings 
     and recommendations contained in the report required under 
     section 325 of the Intelligence Authorization Act for Fiscal 
     Year 2003 (Public Law 107-306; 116 Stat. 2393), shall--
       (1) identify several foreign languages in which proficiency 
     by United States citizens is critical for the national 
     security interests of the United States and the relative 
     importance of such proficiency in each such language;
       (2) identify United States citizens with advanced levels of 
     proficiency in each foreign language identified under 
     paragraph (1) who would be available to perform the services 
     and duties referred to in subsection (a);
       (3) cooperate with other Federal agencies with national 
     security responsibilities to implement a procedure for 
     securing the performance of the services and duties referred 
     to in subsection (a) by the citizens identified under 
     paragraph (2); and
       (4) invite individuals identified under paragraph (2) to 
     participate in the civilian linguist reserve corps.
       (c) Contract Authority.--In establishing the civilian 
     linguist reserve corps, the Secretary may enter into 
     contracts with appropriate agencies or entities.
       (d) Feasibility Study.--During the course of the pilot 
     program established under this section, the Secretary shall 
     conduct a study of the best practices to be utilized in 
     establishing the civilian linguist reserve corps, including 
     practices regarding--
       (1) administrative structure;
       (2) languages that will be available;
       (3) the number of language specialists needed for each 
     language;
       (4) the Federal agencies that may need language services;
       (5) compensation and other operating costs;
       (6) certification standards and procedures;
       (7) security clearances;
       (8) skill maintenance and training; and
       (9) the use of private contractors to supply language 
     specialists.
       (e) Reports.--
       (1) Evaluation reports.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter for the next 2 
     years, the Secretary shall submit to Congress an evaluation 
     report on the pilot project conducted under this section.
       (B) Contents.--Each report under subparagraph (A) shall 
     contain information on the operation of the pilot project, 
     the success of the pilot project in carrying out the 
     objectives of the establishment of a civilian linguist 
     reserve corps, and recommendations for the continuation or 
     expansion of the pilot project.
       (2) Final report.--Not later than 6 months after the 
     completion of the pilot project, the Secretary shall submit 
     to Congress a final report summarizing the lessons learned, 
     best practices, and recommendations for full implementation 
     of a civilian linguist reserve corps.
       (f) Funding.--Of the amount appropriated under the heading 
     ``Operation and Maintenance, Defense-Wide'' in title II, up 
     to $1,500,000 may be available to carry out the pilot program 
     under this section.
       Sec. 8140. (a) Funding for Participation of Vet Centers in 
     Transition Assistance Programs.--Of the amounts appropriated 
     or otherwise made available by this Act, up to $5,000,000 may 
     be used for the participation of Vet centers in the 
     transition assistance programs of the Department of Defense 
     for members of the Armed Forces.
       (b) Vet Centers Defined.--In this section, the term ``Vet 
     centers'' means centers for the provision of readjustment 
     counseling and related mental health services under section 
     1712A of title 38, United States Code.
       Sec. 8141. Of the amount appropriated by title IV under the 
     heading ``Research, Development, Test and Evaluation, Air 
     Force'', up to $2,500,000 may be available for advanced 
     technology for IRCM component improvement.
       Sec. 8142. Of the amount appropriated by title IV under the 
     heading ``Research, Development, Test and Evaluation, Army'' 
     and available for demonstration and validation, up to 
     $5,000,000 may be available for the Plasma Energy Pyrolysis 
     System (PEPS), Operational Gasification unit.
       Sec. 8143. Of the amount appropriated by this Act under the 
     heading ``Research, Development, Test and Evaluation, 
     Defense-Wide'', up to $5,000,000 may be available for the 
     rapid mobilization of the New England Manufacturing Supply 
     Chain Initiative to meet Department of Defense supply 
     shortages and surge demands for parts and equipment.
       Sec. 8144. Of the amount appropriated by title IV under the 
     heading ``Research, Development, Test and Evaluation, Navy'', 
     up to $1,000,000 may be made available for Marine Corps 
     assault vehicles for development of carbon fabric-based 
     friction materials to optimize the cross-drive transmission 
     brake system of the Expeditionary Fighting Vehicle.
       Sec. 8145. Of the amount appropriated by title IV under the 
     heading ``Research, Development, Test, and Evaluation, Navy, 
     up to $2,000,000 may be used for Program Element #0603235N 
     for the Shipboard Automated Reconstruction Capability.
       Sec. 8146. (a) Blast Injury Prevention, Mitigation, and 
     Treatment Initiative of the Army.--Of the amount appropriated 
     by title IV under the heading ``Research, Development, Test, 
     and Evaluation, Army'', up to $1,000,000 may be available for 
     Program Element #63002A for far forward use of recombinant 
     activated factor VII.
       Sec. 8147. Beginning with the fiscal year 2006 program 
     year, the Secretary of the Air Force is strongly encouraged 
     to exercise the option on the existing multiyear procurement 
     contract for C-17 aircraft in order to enter into a multiyear 
     contract for the procurement of 42 additional C-17 aircraft.
       Sec. 8148. Department of Defense task force on mental 
     health.--(a) Requirement To Establish.--The Secretary of 
     Defense shall establish within the Department of Defense a 
     task force to examine matters relating to mental health and 
     the Armed Forces.
       (b) Composition.--
       (1) Members.--The task force shall consist of not more than 
     14 members appointed by the Secretary of Defense from among 
     individuals described in paragraph (2) who have demonstrated 
     expertise in the area of mental health.
       (2) Range of members.--The individuals appointed to the 
     task force shall include--
       (A) at least one member of each of the Army, Navy, Air 
     Force, and Marine Corps; and
       (B) a number of persons from outside the Department of 
     Defense equal to the total number of personnel from within 
     the Department of Defense (whether members of the Armed 
     Forces or civilian personnel) who are appointed to the task 
     force.
       (3) Individuals appointed within department of defense.--At 
     least one of the individuals appointed to the task force from 
     within the Department of Defense shall be the surgeon general 
     of an Armed Force or a designee of such surgeon general.
       (4) Individuals appointed outside department of defense.--
     (A) Individuals appointed to the task force from outside the 
     Department of Defense may include officers or employees of 
     other departments or agencies of the Federal Government, 
     officers or employees of State and governments, or 
     individuals from the private sector.
       (B) The individuals appointed to the task force from 
     outside the Department of Defense shall include--
       (i) an officer or employee of the Department of Veterans 
     Affairs appointed by the Secretary of Defense in consultation 
     with the Secretary of Veterans Affairs;
       (ii) an officer or employee of the Substance Abuse and 
     Mental Health Services Administration of the Department of 
     Health and Human Services appointed by the Secretary of 
     Defense in consultation with the Secretary of Health and 
     Human Services; and
       (iii) at least two individuals who are representatives of--
       (I) a mental health policy and advocacy organization; and
       (II) a national veterans service organization.
       (5) Deadline for appointment.--All appointments of 
     individuals to the task force shall be made not later than 
     120 days after the date of the enactment of this Act.
       (6) Co-chairs of Task Force.--There shall be two co-chairs 
     of the task force. One of the co-chairs shall be designated 
     by the Secretary of the Defense at the time of appointment 
     from among the Department of Defense personnel appointed to 
     the task force. The other co-chair shall be selected from 
     among the members appointed from outside the Department of 
     Defense by members so appointed.
       (c) Long-Term Plan on Mental Health Services.--
       (1) In general.--Not later than 12 months after the date on 
     which all members of the task force have been appointed, the 
     task force shall submit to the Secretary a long-term plan 
     (referred to as a strategic plan) on means by which the 
     Department of Defense shall improve the efficacy of mental 
     health services provided to members of Armed Forces by the 
     Department of Defense.
       (2) Utilization of other efforts.--In preparing the report, 
     the task force shall take into consideration completed and 
     ongoing efforts by the Department of Defense to improve the 
     efficacy of mental health care provided to members of the 
     Armed Forces by the Department.
       (3) Elements.--The long-term plan shall include an 
     assessment of and recommendations

[[Page 22576]]

     (including recommendations for legislative or administrative 
     action) for measures to improve the following:
       (A) The awareness of the prevalence of mental health 
     conditions among members of the Armed Forces.
       (B) The efficacy of existing programs to prevent, identify, 
     and treat mental health conditions among members of the Armed 
     Forces, including programs for and with respect to forward-
     deployed troops.
       (C) The reduction or elimination of barriers to care, 
     including the stigma associated with seeking help for mental 
     health related conditions, and the enhancement of 
     confidentiality for members of the Armed Forces seeking care 
     for such conditions.
       (D) The adequacy of outreach, education, and support 
     programs on mental health matters for families of members of 
     the Armed Forces.
       (E) The efficacy of programs and mechanisms for ensuring a 
     seamless transition from care of members of the Armed Forces 
     on active duty for mental health conditions through the 
     Department of Defense to care for such conditions through the 
     Department of Veterans Affairs after such members are 
     discharged or released from military, naval, or air service.
       (F) The availability of long-term follow-up and access to 
     care for mental health conditions for members of the 
     Individual Ready Reserve, and the Selective Reserve and for 
     discharged, separated, or retired members of the Armed 
     Forces.
       (G) Collaboration among organizations in the Department of 
     Defense with responsibility for or jurisdiction over the 
     provision of mental health services.
       (H) Coordination between the Department of Defense and 
     civilian communities, including local support organizations, 
     with respect to mental health services.
       (I) The scope and efficacy of curricula and training on 
     mental health matters for commanders in the Armed Forces.
       (J) Such other matters as the task force considers 
     appropriate.
       (d) Administrative Matters.--
       (1) Compensation.--Each member of the task force who is a 
     member of the Armed Forces or a civilian officer or employee 
     of the United States shall serve without compensation (other 
     than compensation to which entitled as a member of the Armed 
     Forces or an officer or employee of the United States, as the 
     case may be). Other members of the task force shall be 
     treated for purposes of section 3161 of title 5, United 
     States Code, as having been appointed under subsection (b) of 
     such section.
       (2) Oversight.--The Under Secretary of Defense for 
     Personnel and Readiness shall oversee the activities of the 
     task force.
       (3) Administrative support.--The Washington Headquarters 
     Services of the Department of Defense shall provide the task 
     force with personnel, facilities, and other administrative 
     support as necessary for the performance of the duties of the 
     task force.
       (4) Access to facilities.--The Under Secretary of Defense 
     for Personnel and Readiness shall, in coordination with the 
     Secretaries of the military departments, ensure appropriate 
     access by the task force to military installations and 
     facilities for purposes of the discharge of the duties of the 
     task force.
       (e) Report.--
       (1) In general.--The task force shall submit to the 
     Secretary of Defense a report on its activities under this 
     section. The report shall include--
       (A) a description of the activities of the task force;
       (B) the plan required by subsection (c); and
       (C) such other mattes relating to the activities of the 
     task force that the task force considers appropriate.
       (2) Transmittal to congress.--Not later than 90 days after 
     receipt of the report under paragraph (1), the Secretary 
     shall transmit the report to the Committees on Armed Services 
     and Veterans' Affairs of the Senate and the House of 
     Representatives. The Secretary may include in the transmittal 
     such comments on the report as the Secretary considers 
     appropriate.
       (f) Termination.--The task force shall terminate 90 days 
     after the date on which the report of the task force is 
     submitted to Congress under subsection (e)(2).
       Sec. 8149. (a) Army Programs.--Of the amount appropriated 
     by title IV under the heading ``Research, Development, Test, 
     and Evaluation, Army'', up to an additional $10,000,000 may 
     be used for Program Element 0601103A for University Research 
     Initiatives.
       (b) Navy Programs.--Of the amount appropriated by title IV 
     under the heading ``Research, Development, Test, and 
     Evaluation, Navy'', up to an additional $5,000,000 may be 
     used for Program Element 0601103N for University Research 
     Initiatives.
       (c) Air Force Programs.--Of the amount appropriated by 
     title IV under the heading ``Research, Development, Test, and 
     Evaluation, Air Force'', up to an additional $10,000,000 may 
     be used for Program Element 0601103F for University Research 
     Initiatives.
       (d) Defense-Wide Activities.--Of the amount appropriated by 
     title IV under the heading ``Research, Development, Test, and 
     Evaluation, Defense-Wide''--
       (A) up to an additional $10,000,000 may be used for Program 
     Element 0601120D8Z for the SMART National Defense Education 
     Program; and
       (B) up to an additional $5,000,000 may be used for Program 
     Element 0601101E for the Defense Advanced Research Projects 
     Agency University Research Program in Cybersecurity.
       (e) Sense of Senate.--It is the sense of the Senate that it 
     should be a goal of the Department of Defense to allocate to 
     basic research programs each fiscal year an amount equal to 
     15 percent of the funds available to the Department of 
     Defense for science and technology in such fiscal year.
       Sec. 8150. Report on review and implementation of 
     Comptroller General recommendations on transition assistance 
     for members of the National Guard and Reserves.--(a) 
     Report.--Not later than 30 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the congressional defense committees a report on the 
     status of the review of, and actions taken to implement, the 
     recommendations of the Comptroller General of the United 
     States in the report of the Comptroller General entitled 
     ``Military and Veterans Benefits: Enhanced Services Could 
     Improve Transition Assistance for Reserves and National 
     Guard'' (GAO 05-544).
       (b) Particular Information.--If the Secretary has 
     determined in the course of the review described in 
     subsection (a) not to implement any recommendation of the 
     Comptroller General described in that subsection, the report 
     under that subsection shall include a justification of such 
     determination.
       Sec. 8151. Any limitation, directive, or earmarking 
     contained in either the House of Representatives or Senate 
     report accompanying H.R. 2863 shall also be included in the 
     conference report or joint statement accompanying H.R. 2863 
     in order to be considered as having been approved by both 
     Houses of Congress.
       Sec. 8152. (a) Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a report on 
     the use of ground source heat pumps at Department of Defense 
     facilities.
       (b) The report required under subsection (a) shall 
     include--
       (1) a description of the types of Department of Defense 
     facilities that use ground source heat pumps;
       (2) an assessment of the applicability and cost-
     effectiveness of the use of ground source heat pumps at 
     Department of Defense facilities in different geographic 
     regions of the United States; and
       (3) a description of the relative applicability of ground 
     source heat pumps for purposes of new construction at, and 
     retrofitting of, Department of Defense facilities.
       Sec. 8153. (a) Of the amount appropriated by title IV under 
     the heading ``Research, Development, Test and Evaluation, 
     Navy'' up to $1,500,000 may be available for research within 
     the High-Brightness Electron Source program.
       Sec. 8154. Uniform Standards for The Interrogation of 
     persons under The Detention of The Department of Defense.--
     (a) In General.--No person in the custody or under the 
     effective control of the Department of Defense or under 
     detention in a Department of Defense facility shall be 
     subject to any treatment or technique of interrogation not 
     authorized by and listed in the United States Army Field 
     Manual on Intelligence Interrogation.
       (b) Applicability.--Subsection (a) shall not apply to with 
     respect to any person in the custody or under the effective 
     control of the Department of Defense pursuant to a criminal 
     law or immigration law of the United States.
       (c) Construction.--Nothing in this section shall be 
     construed to affect the rights under the United States 
     Constitution of any person in the custody or under the 
     physical jurisdiction of the United States.
       Sec. 8155. Prohibition on cruel, inhuman, or degrading 
     treatment or punishment of persons under custody or control 
     of The United States Government.--(a) In General.--No 
     individual in the custody or under the physical control of 
     the United States Government, regardless of nationality or 
     physical location, shall be subject to cruel, inhuman, or 
     degrading treatment or punishment.
       (b) Construction.--Nothing in this section shall be 
     construed to impose any geographical limitation on the 
     applicability of the prohibition against cruel, inhuman, or 
     degrading treatment or punishment under this section.
       (c) Limitation on Supersedure.--The provisions of this 
     section shall not be superseded, except by a provision of law 
     enacted after the date of the enactment of this Act which 
     specifically repeals, modifies, or supersedes the provisions 
     of this section.
       (d) Cruel, Inhuman, or Degrading Treatment or Punishment 
     Defined.--In this section, the term ``cruel, inhuman, or 
     degrading treatment or punishment'' means the cruel, unusual, 
     and inhumane treatment or punishment prohibited by the Fifth, 
     Eighth, and Fourteenth Amendments to the Constitution of the 
     United States, as defined in the United States Reservations, 
     Declarations and Understandings to the United Nations 
     Convention Against Torture and Other Forms of Cruel, Inhuman 
     or Degrading Treatment or Punishment done at New York, 
     December 10, 1984.
       Sec. 8156. None of the funds appropriated or otherwise made 
     available in this Act may be obligated or expended during 
     fiscal year 2006 for paying salaries and expenses or other 
     costs associated with reimbursing or otherwise financially 
     compensating the Government of Uzbekistan for services 
     rendered to the United States at Karshi-Khanabad airbase in 
     Uzbekistan.
       Sec. 8157. Sense of the Senate regarding Depot 
     Maintenance.--(a) Findings.--The Senate finds that--
       (1) the Depot Maintenance Strategy and Master Plan of the 
     Air Force reflects the essential

[[Page 22577]]

     requirements for the Air Force to maintain a ready and 
     controlled source of organic technical competence, thereby 
     ensuring an effective and timely response to national defense 
     contingencies and emergency requirements;
       (2) since the publication of the Depot Maintenance Strategy 
     and Master Plan of the Air Force in 2002, the service has 
     made great progress toward modernizing all 3 of its Depots, 
     in order to maintain their status as ``world class'' 
     maintenance repair and overhaul operations;
       (3) 1 of the indispensable components of the Depot 
     Maintenance Strategy and Master Plan of the Air Force is the 
     commitment of the Air Force to allocate $150,000,000 a year 
     over 6 years, beginning in fiscal year 2004, for 
     recapitalization and investment, including the procurement of 
     technologically advanced facilities and equipment, of our 
     Nation's 3 Air Force depots; and
       (4) the funds expended to date have ensured that 
     transformation projects, such as the initial implementation 
     of ``Lean'' and ``Six Sigma'' production techniques, have 
     achieved great success in dramatically reducing the time 
     necessary to perform depot maintenance on aircraft.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the Air Force should be commended for the 
     implementation of its Depot Maintenance Strategy and Master 
     Plan and, in particular, meeting its commitment to invest 
     $150,000,000 a year over 6 years, since fiscal year 2004, in 
     the Nation's 3 Air Force Depots; and
       (2) the Air Force should continue to fully fund its 
     commitment of $150,000,000 a year through fiscal year 2009 in 
     investments and recapitalization projects pursuant to the 
     Depot Maintenance Strategy and Master Plan.
       Sec. 8158. Of the amount appropriated by title III under 
     the heading ``Procurement of Weapons and Tracked Combat 
     Vehicles, Army'', up to $5,000,000 may be used for the 
     Arsenal Support Program Initiative for Watervliet Arsenal, 
     New York.
       Sec. 8159. Of the amount appropriated by title IV under the 
     heading ``Research, Development, Test, and Evaluation, 
     Defense-Wide'', up to $4,000,000 may be used for Oral 
     Anthrax/Plague Vaccine Development.
       Sec. 8160. (a) The Secretary of the Navy may, subject to 
     the terms and conditions of the Secretary, donate the World 
     War II-era marine railway located at the United States Naval 
     Academy, Annapolis, Maryland, to the Richardson Maritime 
     Heritage Center, Cambridge, Maryland.
       (b) The marine railway donated under subsection (a) may not 
     be used for commercial purposes.
       Sec. 8161. The Secretary of Defense may present promotional 
     materials, including a United States flag, to any member of 
     an Active or Reserve component under the Secretary's 
     jurisdiction who, as determined by the Secretary, 
     participates in Operation Enduring Freedom or Operation Iraqi 
     Freedom, along with other recognition items in conjunction 
     with any week-long national observation and day of national 
     celebration, if established by Presidential proclamation, for 
     any such members returning from such operations.
       Sec. 8162. (a) Implementation of Long-Range Wireless 
     Capabilities.--Of the amount appropriated by title II under 
     the heading ``Operation and Maintenance, Air Force'', up to 
     $10,000,000 may be used by the United States Northern Command 
     for the purposes of implementing Long-Range Wireless 
     telecommunications capabilities for the Gulf States and key 
     entities within the Northern Command Area of Responsibility 
     (AOR).
       (b) Implementation of Long-Range Wireless Capabilities.--Of 
     the amount appropriated or otherwise made available by title 
     III under the heading ``Other Procurement, Air Force'', up to 
     $20,000,000 may be used by the United States Northern Command 
     for the purposes of implementing IMT-2000 3G Standards Based 
     Communications Information Extension capabilities for the 
     Gulf States and key entities within the Northern Command Area 
     of Responsibility (AOR).
       Sec. 8163. (a) Submission of procedures for Combatant 
     Status Review Tribunals and Administrative Review Boards To 
     Determine Status of Detainees at Guantanamo Bay, Cuba.--Not 
     later than 180 days after the date of enactment of this Act 
     the President shall submit to the Congressional Defense 
     Committees and committees on Judiciary in the House and 
     Senate the procedures for the Combatant Status Review 
     Tribunals and a noticed administrative review boards in 
     operation at Guantanamo Bay, Cuba, for determining the status 
     of the detainees held at Guantanamo Bay, including whether 
     any such detainee is a lawful enemy combatant or an unlawful 
     enemy combatant.
       (b) Procedures.--The procedures submitted to Congress 
     pursuant to subsection (a) shall ensure that--
       (A) In making a determination of status under such 
     procedures, the Combatant Status Review Tribunal and annual 
     review boards may not consider statements derived from 
     persons that, as determined by the Tribunals or boards, by 
     the preponderance of the evidence, were obtained with undue 
     coercion.
       (B) The Designated Civilian Official shall be an officer of 
     the United States Government whose appointment to office was 
     made by the President, by and with the advise and consent of 
     the Senate.
       (C) Modification of procedures.--The President shall submit 
     to Congress any modification to the procedures submitted 
     under subsection (a) no less than 30 days before the date on 
     which such modifications go into effect.
       Sec. 8164. (a) Additional Amount for Aircraft Procurement, 
     Air Force.--The amount appropriated under the heading 
     ``Aircraft Procurement, Air Force'' is hereby increased by 
     $130,000,000.
       (b) Availability of Amount.--Of the amount appropriated 
     under the heading ``Aircraft Procurement, Air Force'', as 
     increased by subsection (a), $130,000,000 shall be available 
     for purposes as follows:
       (1) Procurement of Predator air vehicles, initial spares, 
     and RSP kits.
       (2) Procurement of Containerized Dual Control Station 
     Launch and Recovery Elements.
       (3) Procurement of a Fixed Ground Control Station.
       (4) Procurement of other upgrades to Predator Ground 
     Control Stations, spares, and signals intelligence packages.
       (c) Offset.--(1) The amount appropriated by title II for 
     Operation and maintenance, Air Force is hereby reduced by 
     $130,000,000.
       Sec. 8165. Sense of Senate on Transfer of Funds for 
     increased personnel strengths for the Army and Marine 
     Corps.--(a) Findings.--The Senate makes the following 
     findings:
       (1) A long-term increase in the personnel end strengths for 
     active duty personnel of the Army and the Marine Corps is 
     necessary in order to carry out the current missions of the 
     Army and the Marine Corps and to relieve current strains on 
     Army and Marine Corps forces.
       (2) The cost of the increase in such end strengths is 
     foreseeable and should be included in the annual budget of 
     the President for each fiscal year, as submitted to Congress 
     pursuant to section 1105 of title 31, United States Code, in 
     order to provide a full and honest accounting to the American 
     people of the personnel costs of the Army and the Marine 
     Corps.
       (3) The inclusion in the annual budget of the President for 
     each fiscal year of the costs of an increase in such end 
     strengths will permit the Army and Marine Corps to plan for 
     and accommodate the additional troops contemplated by such 
     increased end strengths without reducing other important 
     programs.
       (b) Sense of Senate.--It is the sense of the Senate that 
     the additional amounts to be required for increases in the 
     personnel end strengths for active duty personnel of the Army 
     and the Marine Corps for fiscal year 2006 should be 
     transferred from amounts appropriated by title IX for the 
     Military Personnel, Army, Military Personnel, Marine Corps, 
     Operation and Maintenance, Army, and Operation and 
     Maintenance, Marine Corps, and Operation and Maintenance, 
     Defense-Wide, accounts to the amounts appropriated for the 
     applicable accounts in titles I and II.
       Sec. 8166. Of the amount appropriated by title III under 
     the heading ``Other Procurement, Air Force'', up to 
     $3,000,000 may be made available for the Laser Marksmanship 
     Training System.
       Sec. 8167. Of the amount appropriated by title IV under the 
     heading ``Research, Development, Test, and Evaluation, 
     Army'', up to $5,000,000 may be used for Medium Tactical 
     Vehicle Modifications.
       Sec. 8168. Section 8013 of the Department of Defense 
     Appropriations Act, 1994 (Public Law 103-139; 107 Stat. 1440) 
     is amended by striking ``the report to the President from the 
     Defense Base Closure and Realignment Commission, July 1991'' 
     and inserting ``the reports to the President from the Defense 
     Base Closure and Realignment Commission, July 1991 and July 
     1993''.
       Sec. 8169. Of the amount appropriated by title IV under the 
     heading ``Research, Development, Test, and Evaluation, 
     Army'', up to $1,000,000 may be used for Integrated Starter/
     Alternator for Up-Armored High Mobility Multi-Wheeled 
     Vehicles.
       Sec. 8170. Availability of amount.--Of the amount 
     appropriated by title II under the heading ``Operation and 
     Maintenance, Defense-Wide'', up to $60,000,000 may be made 
     available as follows:
       (A) Up to $50,000,000 may be made available for childcare 
     services for families of members of the Armed Forces.
       (B) Up to $10,000,000 may be made available for family 
     assistance centers that primarily serve members of the Armed 
     Forces and their families.
       (b) National Guard Counterdrug Support Activities.--
       (1) Availability of amount.--Of the amount appropriated by 
     title VI under the heading ``Drug Interdiction and Counter-
     Drug Activities'', up to $40,000,000 may be available for the 
     purpose of National Guard counterdrug support activities.
       (2) Supplement not supplant.--The amount available under 
     paragraph (2) for the purpose specified in that paragraph is 
     in addition to any other amounts available under title VI for 
     that purpose.
       Sec. 8171. Of the amount appropriated by title II under the 
     heading ``Operation and Maintenance, Defense-Wide'', up to 
     $2,000,000 may be available for the establishment, in 
     consultation with the Reach Out and Read National Center, of 
     a pilot project on pediatric early literacy on military 
     installations.
       Sec. 8172. Increase in rate of basic pay of the enlisted 
     member serving as the Senior Enlisted Advisor for the 
     Chairman of the Joint Chiefs of Staff.--(a) Increase.--
     Footnote 2 to the table on Enlisted Members in section 601(b) 
     of the National Defense Authorization Act for Fiscal Year 
     2004 (Public Law 108-

[[Page 22578]]

     136; 37 U.S.C. 1009 note) is amended by striking ``or Master 
     Chief Petty Officer of the Coast Guard'' and inserting 
     ``Master Chief Petty Officer of the Coast Guard, or Senior 
     Enlisted Advisor for the Chairman of the Joint Chiefs of 
     Staff''.
       (b) Personal Money Allowance.--
       (1) Entitlement.--Section 414(c) of title 37, United States 
     Code, is amended by striking ``or the Master Chief Petty 
     Officer of the Coast Guard'' and inserting ``the Master Chief 
     Petty Officer of the Coast Guard, or the Senior Enlisted 
     Advisor for the Chairman of the Joint Chiefs of Staff''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect on April 1, 2005.
       Sec. 8173. Support for Youth Organizations.--(a) Short 
     Title.--This Act may be cited as the ``Support Our Scouts Act 
     of 2005''.
       (b) Support for Youth Organizations.--
       (1) Definitions.--In this subsection--
       (A) the term ``Federal agency'' means each department, 
     agency, instrumentality, or other entity of the United States 
     Government; and
       (B) the term ``youth organization''--
       (i) means any organization that is designated by the 
     President as an organization that is primarily intended to--

       (I) serve individuals under the age of 21 years;
       (II) provide training in citizenship, leadership, physical 
     fitness, service to community, and teamwork; and
       (III) promote the development of character and ethical and 
     moral values; and

       (ii) shall include--

       (I) the Boy Scouts of America;
       (II) the Girl Scouts of the United States of America;
       (III) the Boys Clubs of America;
       (IV) the Girls Clubs of America;
       (V) the Young Men's Christian Association;
       (VI) the Young Women's Christian Association;
       (VII) the Civil Air Patrol;
       (VIII) the United States Olympic Committee;
       (IX) the Special Olympics;
       (X) Campfire USA;
       (XI) the Young Marines;
       (XII) the Naval Sea Cadets Corps;
       (XIII) 4-H Clubs;
       (XIV) the Police Athletic League;
       (XV) Big Brothers--Big Sisters of America; and
       (XVI) National Guard Youth Challenge.

       (2) In general.--
       (A) Support for youth organizations.--
       (i) Support.--No Federal law (including any rule, 
     regulation, directive, instruction, or order) shall be 
     construed to limit any Federal agency from providing any form 
     of support for a youth organization (including the Boy Scouts 
     of America or any group officially affiliated with the Boy 
     Scouts of America) that would result in that Federal agency 
     providing less support to that youth organization (or any 
     similar organization chartered under the chapter of title 36, 
     United States Code, relating to that youth organization) than 
     was provided during the preceding fiscal year. This clause 
     shall be subject to the availability of appropriations.
       (ii) Youth organizations that cease to exist.--Clause (i) 
     shall not apply to any youth organization that ceases to 
     exist.
       (iii) Waivers.--The head of a Federal agency may waive the 
     application of clause (i) to any youth organization with 
     respect to each conviction or investigation described under 
     subclause (I) or (II) for a period of not more than 2 fiscal 
     years if--

       (I) any senior officer (including any member of the board 
     of directors) of the youth organization is convicted of a 
     criminal offense relating to the official duties of that 
     officer or the youth organization is convicted of a criminal 
     offense; or
       (II) the youth organization is the subject of a criminal 
     investigation relating to fraudulent use or waste of Federal 
     funds.

       (B) Types of support.--Support described under this 
     paragraph shall include--
       (i) holding meetings, camping events, or other activities 
     on Federal property;
       (ii) hosting any official event of such organization;
       (iii) loaning equipment; and
       (iv) providing personnel services and logistical support.
       (c) Support for Scout Jamborees.--
       (1) Findings.--Congress makes the following findings:
       (A) Section 8 of article I of the Constitution of the 
     United States commits exclusively to Congress the powers to 
     raise and support armies, provide and maintain a Navy, and 
     make rules for the government and regulation of the land and 
     naval forces.
       (B) Under those powers conferred by section 8 of article I 
     of the Constitution of the United States to provide, support, 
     and maintain the Armed Forces, it lies within the discretion 
     of Congress to provide opportunities to train the Armed 
     Forces.
       (C) The primary purpose of the Armed Forces is to defend 
     our national security and prepare for combat should the need 
     arise.
       (D) One of the most critical elements in defending the 
     Nation and preparing for combat is training in conditions 
     that simulate the preparation, logistics, and leadership 
     required for defense and combat.
       (E) Support for youth organization events simulates the 
     preparation, logistics, and leadership required for defending 
     our national security and preparing for combat.
       (F) For example, Boy Scouts of America's National Scout 
     Jamboree is a unique training event for the Armed Forces, as 
     it requires the construction, maintenance, and disassembly of 
     a ``tent city'' capable of supporting tens of thousands of 
     people for a week or longer. Camporees at the United States 
     Military Academy for Girl Scouts and Boy Scouts provide 
     similar training opportunities on a smaller scale.
       (2) Support.--Section 2554 of title 10, United States Code, 
     is amended by adding at the end the following:
       ``(i)(1) The Secretary of Defense shall provide at least 
     the same level of support under this section for a national 
     or world Boy Scout Jamboree as was provided under this 
     section for the preceding national or world Boy Scout 
     Jamboree.
       ``(2) The Secretary of Defense may waive paragraph (1), if 
     the Secretary--
       ``(A) determines that providing the support subject to 
     paragraph (1) would be detrimental to the national security 
     of the United States; and
       ``(B) reports such a determination to the Congress in a 
     timely manner, and before such support is not provided.''.
       (d) Equal Access for Youth Organizations.--Section 109 of 
     the Housing and Community Development Act of 1974 (42 U.S.C. 
     5309) is amended--
       (1) in the first sentence of subsection (b) by inserting 
     ``or (e)'' after ``subsection (a)''; and
       (2) by adding at the end the following:
       ``(e) Equal Access.--
       ``(1) Definition.--In this subsection, the term `youth 
     organization' means any organization described under part B 
     of subtitle II of title 36, United States Code, that is 
     intended to serve individuals under the age of 21 years.
       ``(2) In general.--No State or unit of general local 
     government that has a designated open forum, limited public 
     forum, or nonpublic forum and that is a recipient of 
     assistance under this chapter shall deny equal access or a 
     fair opportunity to meet to, or discriminate against, any 
     youth organization, including the Boy Scouts of America or 
     any group officially affiliated with the Boy Scouts of 
     America, that wishes to conduct a meeting or otherwise 
     participate in that designated open forum, limited public 
     forum, or nonpublic forum.''.
       Sec. 8174. (a) There are appropriated out of the Employment 
     Security Administration account of the Unemployment Trust 
     Fund, $14,000,000 for authorized administrative expenses.
       (b) From the money in the Treasury not otherwise obligated 
     or appropriated, there are appropriated to the Office of the 
     Inspector General of the Department of Health and Human 
     Services $5,000,000 for oversight activities related to 
     Hurricane Katrina.
       (c) The amounts appropriated under subsection (a) and (b)--
       (1) are designated as an emergency requirements pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress); and
       (2) shall remain available until expended.

            TITLE IX--ADDITIONAL WAR-RELATED APPROPRIATIONS

                    DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

       For an additional amount for ``Military Personnel, Army'', 
     $5,009,420,000.

                        Military Personnel, Navy

       For an additional amount for ``Military Personnel, Navy'', 
     $180,000.

                    Military Personnel, Marine Corps

       For an additional amount for ``Military Personnel, Marine 
     Corps'', $455,420,000.

                     Military Personnel, Air Force

       For an additional amount for ``Military Personnel, Air 
     Force'', $372,480,000.

                        Reserve Personnel, Army

       For an additional amount for ``Reserve Personnel, Army'', 
     $121,500,000.

                        Reserve Personnel, Navy

       For an additional amount for ``Reserve Personnel, Navy'', 
     $10,000,000.

                     National Guard Personnel, Army

       For an additional amount for ``National Guard Personnel, 
     Army'', $232,300,000.

                  National Guard Personnel, Air Force

       For an additional amount for ``National Guard Personnel, 
     Air Force'', $5,300,000.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

       For an additional amount for ``Operation and Maintenance, 
     Army'', $21,915,547,000.

                    Operation and Maintenance, Navy

       For an additional amount for ``Operation and Maintenance, 
     Navy'', $1,806,400,000.

                Operation and Maintenance, Marine Corps

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps'', $1,275,800,000.

                  Operation and Maintenance, Air Force

       For an additional amount for ``Operation and Maintenance, 
     Air Force'', $2,014,900,000.

                Operation and Maintenance, Defense-Wide

       For an additional amount for ``Operation and Maintenance, 
     Defense-Wide'', $980,000,000, of which up to $195,000,000, to 
     remain available until expended, may be used for payments to 
     reimburse Pakistan, Jordan, and other key cooperating 
     nations, for logistical, military, and other support 
     provided, or to be provided, to United States military 
     operations, notwithstanding any other provision of law: 
     Provided, That such payments may be made in such amounts as 
     the Secretary of Defense, with the concurrence of the 
     Secretary of State, and in consultation with the Director of 
     the Office of

[[Page 22579]]

     Management and Budget, may determine, in his discretion, 
     based on documentation determined by the Secretary of Defense 
     to adequately account for the support provided, and such 
     determination is final and conclusive upon the accounting 
     officers of the United States, and 15 days following 
     notification to the appropriate congressional committees: 
     Provided further, That the Secretary of Defense shall provide 
     quarterly reports to the congressional defense committees on 
     the use of funds provided in this paragraph.

                Operation and Maintenance, Army Reserve

       For an additional amount for ``Operation and Maintenance, 
     Army Reserve'', $53,700,000.

                Operation and Maintenance, Navy Reserve

       For an additional amount for ``Operation and Maintenance, 
     Navy Reserve'', $9,400,000.

            Operation and Maintenance, Marine Corps Reserve

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps Reserve'', $27,950,000.

              Operation and Maintenance, Air Force Reserve

       For an additional amount for ``Operation and Maintenance, 
     Air Force Reserve'', $7,000,000.

             Operation and Maintenance, Army National Guard

       For an additional amount for ``Operation and Maintenance, 
     Army National Guard'', $201,300,000.

             Operation and Maintenance, Air National Guard

       For an additional amount for ``Operation and Maintenance, 
     Air National Guard'', $13,400,000.

                           Iraq Freedom Fund


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Iraq Freedom Fund'', 
     $4,100,000,000, to remain available for transfer until 
     September 30, 2006, only to support operations in Iraq or 
     Afghanistan and classified activities: Provided, That the 
     Secretary of Defense may transfer the funds provided herein 
     to appropriations for military personnel; operation and 
     maintenance; Overseas Humanitarian, Disaster, and Civic Aid; 
     procurement; research, development, test and evaluation; the 
     Defense Health Program; and working capital funds: Provided 
     further, That of the amounts provided under this heading, 
     $2,850,000,000 shall only be for classified programs, 
     described in further detail in the classified annex 
     accompanying this Act: Provided further, That $750,000,000 
     shall be available for the Joint IED Defeat Task Force: 
     Provided further, That funds transferred shall be merged with 
     and be available for the same purposes and for the same time 
     period as the appropriation or fund to which transferred: 
     Provided further, That this transfer authority is in addition 
     to any other transfer authority available to the Department 
     of Defense: Provided further, That upon a determination that 
     all or part of the funds transferred from this appropriation 
     are not necessary for the purposes provided herein, such 
     amounts may be transferred back to this appropriation: 
     Provided further, That the Secretary of Defense shall, not 
     fewer than 5 days prior to making transfers from this 
     appropriation, notify the congressional defense committees in 
     writing of the details of any such transfer: Provided 
     further, That the Secretary shall submit a report no later 
     than 30 days after the end of each fiscal quarter to the 
     congressional defense committees summarizing the details of 
     the transfer of funds from this appropriation.

                              PROCUREMENT

                       Aircraft Procurement, Army

       For an additional amount for ``Aircraft Procurement, 
     Army'', $348,100,000, to remain available until September 30, 
     2008.

                       Missile Procurement, Army

       For an additional amount for ``Missile Procurement, Army'', 
     $80,000,000, to remain available until September 30, 2008.

        Procurement of Weapons and Tracked Combat Vehicles, Army

       For an additional amount for ``Procurement of Weapons and 
     Tracked Combat Vehicles, Army'', $910,700,000, to remain 
     available until September 30, 2008.

                    Procurement of Ammunition, Army

       For an additional amount for ``Procurement of Ammunition, 
     Army'', $335,780,000, to remain available until September 30, 
     2008.

                        Other Procurement, Army

       For an additional amount for ``Other Procurement, Army'', 
     $3,916,000,000, to remain available until September 30, 2008.

                       Aircraft Procurement, Navy

       For an additional amount for ``Aircraft Procurement, 
     Navy'', $151,537,000, to remain available until September 30, 
     2008.

                       Weapons Procurement, Navy

       For an additional amount for ``Weapons Procurement, Navy'', 
     $56,700,000, to remain available until September 30, 2008.

            Procurement of Ammunition, Navy and Marine Corps

       For an additional amount for ``Procurement of Ammunition, 
     Navy and Marine Corps'', $48,485,000, to remain available 
     until September 30, 2008.

                        Other Procurement, Navy

       For an additional amount for ``Other Procurement, Navy'', 
     $116,048,000, to remain available until September 30, 2008.

                       Procurement, Marine Corps

       For an additional amount for ``Procurement, Marine Corps'', 
     $2,303,700,000, to remain available until September 30, 2008.

                    Aircraft Procurement, Air Force

       For an additional amount for ``Aircraft Procurement, Air 
     Force'', $118,058,000, to remain available until September 
     30, 2008.

                     Missile Procurement, Air Force

       For an additional amount for ``Missile Procurement, Air 
     Force'', $17,000,000, to remain available until September 30, 
     2008.

                      Other Procurement, Air Force

       For an additional amount for ``Other Procurement, Air 
     Force'', $17,500,000, to remain available until September 30, 
     2008.

                       Procurement, Defense-Wide

       For an additional amount for ``Procurement, Defense-Wide'', 
     $132,075,000, to remain available until September 30, 2008.

                  National Guard and Reserve Equipment

       For an additional amount for ``National Guard and Reserve 
     Equipment'', $1,300,000,000, to remain available until 
     expended: Provided, That the amount available under this 
     heading shall be available for homeland security and homeland 
     security response equipment; Provided further, That the 
     amount provided under this heading is designated as an 
     emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (109th 
     Congress).

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Army'', $72,000,000, to remain available 
     until September 30, 2007.

         Research, Development, Test and Evaluation, Air Force

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Air Force'', $17,800,000, to remain available 
     until September 30, 2007.

        Research, Development, Test and Evaluation, Defense-Wide

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Defense-Wide'', $2,500,000, to remain 
     available until September 30, 2007.

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

       For an additional amount for ``Defense Working Capital 
     Funds'', $2,716,400,000.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

         Drug Interdiction and Counter-drug Activities, Defense

       For an additional amount for ``Drug Interdiction and 
     Counter-drug Activities, Defense'', $27,620,000.

                      GENERAL PROVISIONS, TITLE IX

       Sec. 9001. Appropriations provided in this title are 
     available for obligation until September 30, 2006, unless 
     otherwise so provided in this title.
       Sec. 9002. Notwithstanding any other provision of law or of 
     this Act, funds made available in this title are in addition 
     to amounts provided elsewhere in this Act.


                          (TRANSFER OF FUNDS)

       Sec. 9003. Upon his determination that such action is 
     necessary in the national interest, the Secretary of Defense 
     may transfer between appropriations up to $2,500,000,000 of 
     the funds made available to the Department of Defense in this 
     title: Provided, That the Secretary shall notify the Congress 
     promptly of each transfer made pursuant to the authority in 
     this section: Provided further, That the authority provided 
     in this section is in addition to any other transfer 
     authority available to the Department of Defense and is 
     subject to the same terms and conditions as the authority 
     provided in section 8005 of this Act.
       Sec. 9004. Funds appropriated in this title, or made 
     available by the transfer of funds in or pursuant to this 
     title, for intelligence activities are deemed to be 
     specifically authorized by the Congress for purposes of 
     section 504 of the National Security Act of 1947 (50 U.S.C. 
     414).
       Sec. 9005. None of the funds provided in this title may be 
     used to finance programs or activities denied by Congress in 
     fiscal years 2005 and 2006 appropriations to the Department 
     of Defense or to initiate a procurement or research, 
     development, test and evaluation new start program without 
     prior written notification to the congressional defense 
     committees.
       Sec. 9006. Notwithstanding any other provision of law, from 
     funds made available in this title to the Department of 
     Defense for operation and maintenance, not to exceed 
     $500,000,000 may be used by the Secretary of Defense, with 
     the concurrence of the Secretary of State, to train, equip 
     and provide related assistance only to the New Iraqi Army and 
     the Afghan National Army to enhance their capability to 
     combat terrorism and to support U.S. military operations in 
     Iraq and Afghanistan: Provided, That such assistance may 
     include the provision of equipment, supplies, services, 
     training and funding: Provided further, That the authority to 
     provide assistance under this section is in addition to any 
     other authority to provide assistance to foreign nations: 
     Provided further, That the Secretary of Defense shall notify 
     the congressional defense committees, the Committee on 
     International Relations of the House of Representatives, and 
     the Committee on Foreign Relations of the Senate

[[Page 22580]]

     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''.

  Mr. STEVENS. I move to reconsider the vote.
  Mr. DOMENICI. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. STEVENS. If I may have a moment, I thank our staff for their 
dedication and hard work putting this bill together. I point out to the 
Senate the people I am going to name are our staff. They work with both 
Senator Inouye and me. We work as a seamless team in the subcommittee: 
Sid Ashworth, Charlie Houy, Lesley Kalan, Brian Wilson, Brian Potts, 
Kate Kaufer, Mark Hoaland, Alycia Farrell, Katy Hagan, Betsy Schmid, 
Nicole DiResta, Mazie Mattson, Janelle Treon, Kate Fitzgerald, Jennifer 
Chartrand.
  Let me recognize a very dedicated, wonderful staff person of our 
subcommittee, Mazie Mattson, who is now going to retire after 25 years 
of working for Congress. This is Mazie's final Defense bill. We are 
extremely grateful to her for her sincere loyalty and tireless efforts 
and very gracious support she provided to each and every one of us on 
both sides of the aisle on our subcommittee. She will be greatly 
missed. We wish her family and her husband, Bill, all the best. We 
thank you very much, Mazie. Thank you very much.
  The PRESIDING OFFICER (Mr. Isakson). The majority leader.
  Mr. FRIST. Mr. President, I ask unanimous consent the Senate insist 
on its amendment, request a conference with the House, and the Chair be 
authorized to appoint conferees.
  The PRESIDING OFFICER. Without objection it is so ordered.
  The PRESIDING OFFICER appointed Mr. Stevens, Mr. Cochran, Mr. 
Specter, Mr. Domenici, Mr. Bond, Mr. McConnell, Mr. Shelby, Mr. Gregg, 
Mrs. Hutchison, Mr. Burns, Mr. Inouye, Mr. Byrd, Mr. Leahy, Mr. Harkin, 
Mr. Dorgan, Mr. Durbin, Mr. Reid, Mrs. Feinstein, and Ms. Mikulski 
conferees on the part of the Senate.

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