Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006/Division A/Title IX

==TITLE IX—ADDITIONAL APPROPRIATIONS==

MILITARY PERSONNEL

Military Personnel, Army

For an additional amount for `Military Personnel, Army´, $4,713,245,000.

Military Personnel, Navy

For an additional amount for `Military Personnel, Navy´, $144,000,000.

Military Personnel, Marine Corps

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

Military Personnel, Air Force

For an additional amount for `Military Personnel, Air Force´, $508,000,000.

Reserve Personnel, Army

For an additional amount for `Reserve Personnel, Army´, $138,755,000.

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´, $234,400,000.

National Guard Personnel, Air Force

For an additional amount for `National Guard Personnel, Air Force´, $3,200,000.

OPERATION AND MAINTENANCE

Operation and Maintenance, Army

For an additional amount for `Operation and Maintenance, Army´, $21,348,886,000.

Operation and Maintenance, Navy

For an additional amount for `Operation and Maintenance, Navy´, $1,810,500,000.

Operation and Maintenance, Marine Corps

For an additional amount for `Operation and Maintenance, Marine Corps´, $1,833,126,000.

Operation and Maintenance, Air Force

For an additional amount for `Operation and Maintenance, Air Force´, $2,483,900,000.

Operation and Maintenance, Defense-Wide

For an additional amount for `Operation and Maintenance, Defense-Wide´, $805,000,000, of which up to $195,000,000, to remain available until expended, may be used for payments to reimburse Pakistan, Jordan, and other key cooperating nations, for logistical, military, and other support provided, or to be provided, to United States military operations, notwithstanding any other provision of law:

Provided, That such payments may be made in such amounts as the Secretary of Defense, with the concurrence of the Secretary of State, and in consultation with the Director of the Office of Management and Budget, may determine, in his discretion, based on documentation determined by the Secretary of Defense to adequately account for the support provided, and such determination is final and conclusive upon the accounting officers of the United States, and 15 days following notification to the appropriate congressional committees:

Provided further, That the Secretary of Defense shall provide quarterly reports to the congressional defense committees on the use of funds provided in this paragraph.

Operation and Maintenance, Army Reserve

For an additional amount for `Operation and Maintenance, Army Reserve´, $48,200,000.

Operation and Maintenance, Navy Reserve

For an additional amount for `Operation and Maintenance, Navy Reserve´, $6,400,000.

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´, $5,000,000.

Operation and Maintenance, Army National Guard

For an additional amount for `Operation and Maintenance, Army National Guard´, $183,000,000.

Operation and Maintenance, Air National Guard

For an additional amount for `Operation and Maintenance, Air National Guard´, $7,200,000.

Iraq Freedom Fund

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for `Iraq Freedom Fund´, $4,658,686,000, to remain available for transfer until September 30, 2007, only to support operations in Iraq or Afghanistan and classified activities:

Provided, That the Secretary of Defense may transfer the funds provided herein to appropriations for military personnel; operation and maintenance; Overseas Humanitarian, Disaster, and Civic Aid; procurement; research, development, test and evaluation; and working capital funds:

Provided further, That of the amounts provided under this heading, $3,048,686,000 shall only be for classified programs, described in further detail in the classified annex accompanying this Act:

Provided further, That up to $100,000,000 shall be available for the Department of Homeland Security, `United States Coast Guard, Operating Expenses´:

Provided further, That not less than $1,360,000,000 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´, $232,100,000, to remain available until September 30, 2008.

Missile Procurement, Army

For an additional amount for `Missile Procurement, Army´, $55,000,000, 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´, $860,190,000, to remain available until September 30, 2008.

Procurement of Ammunition, Army

For an additional amount for `Procurement of Ammunition, Army´, $273,000,000, to remain available until September 30, 2008.

Other Procurement, Army

For an additional amount for `Other Procurement, Army´, $3,174,900,000, to remain available until September 30, 2008.

Aircraft Procurement, Navy

For an additional amount for `Aircraft Procurement, Navy´, $138,837,000, to remain available until September 30, 2008.

Weapons Procurement, Navy

For an additional amount for `Weapons Procurement, Navy´, $116,900,000, 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´, $38,885,000, to remain available until September 30, 2008.

Other Procurement, Navy

For an additional amount for `Other Procurement, Navy´, $49,100,000, to remain available until September 30, 2008.

Procurement, Marine Corps

For an additional amount for `Procurement, Marine Corps´, $1,710,145,000, to remain available until September 30, 2008.

Aircraft Procurement, Air Force

For an additional amount for `Aircraft Procurement, Air Force´, $115,300,000, 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´, $182,075,000, to remain available until September 30, 2008.

National Guard and Reserve Equipment

For an additional amount for `National Guard and Reserve Equipment´, $1,000,000,000, to remain available until September 30, 2008.

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

Research, Development, Test and Evaluation, Army

For an additional amount for `Research, Development, Test and Evaluation, Army´, $13,100,000, 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´, $12,500,000, 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´, $25,000,000, to remain available until September 30, 2007.

REVOLVING AND MANAGEMENT FUNDS

Defense Working Capital Funds

For an additional amount for `Defense Working Capital Funds´, $2,516,400,000.

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

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.

SEC. 9003.

(TRANSFER OF FUNDS)

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 or 2006 appropriations to the Department of Defense or to initiate a procurement or research, development, test and evaluation new start program without prior written notification to the congressional defense committees.

SEC. 9006.

Notwithstanding any other provision of law, of the 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 military or security forces of Iraq and Afghanistan to enhance their capability to combat terrorism and to support United States military operations in Iraq and Afghanistan:

Provided, That such assistance may include the provision of equipment, supplies, services, training, and funding:

Provided further, That the authority to provide assistance under this section is in addition to any other authority to provide assistance to foreign nations:

Provided further, That the Secretary of Defense shall notify the congressional defense committees, the Committee on International Relations of the House of Representatives, and the Committee on Foreign Relations of the Senate not less than 15 days before providing assistance under the authority of this section.

SEC. 9007.

(a) 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 up to 20 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.

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 costs.

SEC. 9012.

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.