PUBLIC LAW 108–287—AUG. 5, 2004 118 STAT. 951

Public Law 108–287

108th Congress

An Act

Making appropriations for the Department of Defense for the fiscal year ending

September 30, 2005, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

That the following sums are appropriated, out of any money in

the Treasury not otherwise appropriated, for the fiscal year ending

September 30, 2005, 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; 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, $29,381,422,000.

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; and for payments pursuant to section 156 of Public Law

97–377, as amended (42 U.S.C. 402 note), and to the Department

of Defense Military Retirement Fund, $24,347,807,000.

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

Department

of Defense

Appropriations

Act, 2005.

Aug. 5, 2004

[H.R. 4613]

118 STAT. 952 PUBLIC LAW 108–287—AUG. 5, 2004

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, $9,581,102,000.

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; and for payments pursuant to section 156 of Public Law

97–377, as amended (42 U.S.C. 402 note), and to the Department

of Defense Military Retirement Fund, $24,155,911,000.

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 for members of the Reserve

Officers’ Training Corps, and expenses authorized by section 16131

of title 10, United States Code; and for payments to the Department

of Defense Military Retirement Fund, $3,663,890,000.

RESERVE PERSONNEL, NAVY

For pay, allowances, clothing, subsistence, gratuities, travel,

and related expenses for personnel of the Navy Reserve on active

duty under section 10211 of title 10, United States Code, or while

serving on active duty under section 12301(d) of title 10, United

States Code, in connection with performing duty specified in section

12310(a) of title 10, United States Code, or while undergoing reserve

training, or while performing drills or equivalent duty, and for

members of the Reserve Officers’ Training Corps, and expenses

authorized by section 16131 of title 10, United States Code; and

for payments to the Department of Defense Military Retirement

Fund, $2,084,032,000.

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, $623,073,000.

PUBLIC LAW 108–287—AUG. 5, 2004 118 STAT. 953

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 for members of the

Air Reserve Officers’ Training Corps, and expenses authorized by

section 16131 of title 10, United States Code; and for payments

to the Department of Defense Military Retirement Fund,

$1,451,950,000.

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, $5,901,729,000.

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, $2,540,242,000.

TITLE II

OPERATION AND MAINTENANCE

OPERATION AND MAINTENANCE, ARMY

(INCLUDING TRANSFER OF FUNDS)

For expenses, not otherwise provided for, necessary for the

operation and maintenance of the Army, as authorized by law;

and not to exceed $11,144,000 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,

$25,764,634,000: Provided, That of funds made available under

118 STAT. 954 PUBLIC LAW 108–287—AUG. 5, 2004

this heading, $1,900,000 shall be available for Fort Baker, in accordance with the terms and conditions as provided under the heading

‘‘Operation and Maintenance, Army’’, in Public Law 107–117.

OPERATION AND MAINTENANCE, NAVY

For expenses, not otherwise provided for, necessary for the

operation and maintenance of the Navy and the Marine Corps,

as authorized by law; and not to exceed $4,525,000 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, $29,687,245,000.

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, $3,629,901,000.

OPERATION AND MAINTENANCE, AIR FORCE

For expenses, not otherwise provided for, necessary for the

operation and maintenance of the Air Force, as authorized by law;

and not to exceed $7,699,000 can be used for emergencies and

extraordinary expenses, to be expended on the approval or authority

of the Secretary of the Air Force, and payments may be made

on his certificate of necessity for confidential military purposes,

$28,113,533,000: Provided, That notwithstanding any other provision of law, that of the funds available under this heading, $750,000

shall only be available to the Secretary of the Air Force for a

grant to Florida Memorial College for the purpose of funding

minority aviation training.

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, $17,449,619,000: 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 notwithstanding any other provision of law, of the funds provided in this Act for Civil Military

programs under this heading, $500,000 shall be available for a

grant for Outdoor Odyssey, Roaring Run, Pennsylvania, to support

the Youth Development and Leadership program and Department

of Defense STARBASE program: Provided further, That of the funds

made available under this heading, $2,550,000 shall be available

only for a Washington-based internship and immersion program

to allow U.S. Asian-American Pacific Islander undergraduate college

and university students from economically disadvantaged

PUBLIC LAW 108–287—AUG. 5, 2004 118 STAT. 955

backgrounds to participate in academic and educational programs

in the Department of Defense and related Federal defense agencies:

Provided further, That notwithstanding any other provision of law,

the Office of Economic Adjustment of the Department of Defense

may make grants and supplement other Federal funds using funds

made available by this Act under this heading in accordance with

the guidance provided in the Joint Explanatory Statement of the

Committee of the Conference for the Conference Report to accompany H.R. 4613 and these projects shall hereafter be considered

to be authorized by law: Provided further, That of the funds provided

under this heading that are available for commercial imagery purchases, $500,000 shall be used by the National Geospatial-Intelligence Agency to pay for imagery and high-resolution terrain data

collected in 2003 in support of the California wildfires: Provided

further, That of the funds provided under this heading not less

than $27,000,000 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, $1,991,128,000.

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, $1,237,638,000.

118 STAT. 956 PUBLIC LAW 108–287—AUG. 5, 2004

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, $187,196,000.

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, $2,242,590,000.

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), $4,442,386,000.

OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

For expenses of training, organizing, and administering the

Air National Guard, including medical and hospital treatment and

related expenses in non-Federal hospitals; maintenance, operation,

and repairs to structures and facilities; transportation of things,

hire of passenger motor vehicles; supplying and equipping the Air

National Guard, as authorized by law; expenses for repair, modification, maintenance, and issue of supplies and equipment, including

those furnished from stocks under the control of agencies of the

Department of Defense; travel expenses (other than mileage) on

the same basis as authorized by law for Air National Guard personnel on active Federal duty, for Air National Guard commanders

while inspecting units in compliance with National Guard Bureau

regulations when specifically authorized by the Chief, National

Guard Bureau, $4,472,738,000.

OVERSEAS CONTINGENCY OPERATIONS TRANSFER ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For expenses directly relating to Overseas Contingency Operations by United States military forces, $10,000,000, to remain

available until expended: Provided, That the Secretary of Defense

PUBLIC LAW 108–287—AUG. 5, 2004 118 STAT. 957

may transfer these funds only to military personnel accounts; operation and maintenance accounts within this title; the Defense

Health Program appropriation; procurement accounts; research,

development, test and evaluation accounts; and to working capital

funds: Provided further, That the funds transferred shall be merged

with and shall be available for the same purposes and for the

same time period, as the appropriation to which transferred: Provided further, That upon a determination that all or part of the

funds transferred from this appropriation are not necessary for

the purposes provided herein, such amounts may be transferred

back to this appropriation: Provided further, That the transfer

authority provided in this paragraph is in addition to any other

transfer authority contained elsewhere in this Act.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

For salaries and expenses necessary for the United States

Court of Appeals for the Armed Forces, $10,825,000, 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, $400,948,000, 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, $266,820,000, 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.

118 STAT. 958 PUBLIC LAW 108–287—AUG. 5, 2004

ENVIRONMENTAL RESTORATION, AIR FORCE

(INCLUDING TRANSFER OF FUNDS)

For the Department of the Air Force, $397,368,000, 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, $23,684,000, 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, $266,516,000, 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

PUBLIC LAW 108–287—AUG. 5, 2004 118 STAT. 959

2561 of title 10, United States Code), $59,000,000, to remain available until September 30, 2006.

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, $409,200,000, to remain available until September 30, 2007: 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, $2,854,541,000, to

remain available for obligation until September 30, 2007.

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, $1,307,000,000, to

remain available for obligation until September 30, 2007.

118 STAT. 960 PUBLIC LAW 108–287—AUG. 5, 2004

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, $2,467,495,000, to

remain available for obligation until September 30, 2007.

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, $1,590,952,000, to

remain available for obligation until September 30, 2007.

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 1 vehicle required for physical security

of personnel, notwithstanding price limitations applicable to passenger vehicles but not to exceed $200,000 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, $4,955,296,000, to

remain available for obligation until September 30, 2007.

AIRCRAFT PROCUREMENT, NAVY

For construction, procurement, production, modification, and

modernization of aircraft, equipment, including ordnance, spare

parts, and accessories therefor; specialized equipment; expansion

of public and private plants, including the land necessary therefor,

and such lands and interests therein, may be acquired, and

PUBLIC LAW 108–287—AUG. 5, 2004 118 STAT. 961

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,

$8,912,042,000, to remain available for obligation until September

30, 2007.

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,

$2,114,720,000, to remain available for obligation until September

30, 2007.

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, $888,340,000, to

remain available for obligation until September 30, 2007.

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), $626,084,000;

NSSN, $1,581,143,000;

NSSN (AP), $871,864,000;

SSGN, $469,226,000;

SSGN (AP), $48,000,000;

CVN Refuelings (AP), $333,061,000;

SSN Submarine Refuelings (AP), $19,368,000;

SSBN Submarine Refuelings, $262,229,000;

SSBN Submarine Refuelings (AP), $63,971,000;

DDG–51 Destroyer, $3,444,950,000;

118 STAT. 962 PUBLIC LAW 108–287—AUG. 5, 2004

DD(X) (AP), $305,516,000;

DDG–51 Destroyer Modernization, $50,000,000;

LPD–17, $966,559,000;

LHD–8, $236,018,000;

LHA–R (AP), $150,000,000;

LCU (X), $25,048,000;

LCAC Landing Craft Air Cushion, $90,490,000;

Prior year shipbuilding costs, $484,390,000;

Service Craft, $36,899,000;

Power Unit Assembly Facility, $11,300,000; and

For outfitting, post delivery, conversions, and first destina- tion transportation, $351,327,000.

In all: $10,427,443,000, to remain available for obligation until

September 30, 2009: Provided, That additional obligations may

be incurred after September 30, 2009, 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 $200,000 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,

$4,875,786,000, to remain available for obligation until September

30, 2007: Provided, That funds available in this appropriation may

be used for TRIDENT modifications associated with force protection

and security requirements.

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,

$1,432,203,000, to remain available for obligation until September

30, 2007.

PUBLIC LAW 108–287—AUG. 5, 2004 118 STAT. 963

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, $13,648,304,000,

to remain available for obligation until September 30, 2007: Provided, That amounts provided under this heading shall be used

for the procurement of 15 C–17 aircraft: Provided further, That

amounts provided under this heading shall be used for the advance

procurement of not less than 15 C–17 aircraft: Provided further,

That the Secretary of the Air Force shall fully fund the procurement

of not less than 15 C–17 aircraft in fiscal year 2006: Provided

further, That the Secretary of the Air Force shall allocate a reduction of $158,600,000 proportionately to each budget activity, activity

group, subactivity group, and each program, project, and activity

funded by this appropriation.

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, $4,458,113,000, to remain available for

obligation until September 30, 2007.

PROCUREMENT OF AMMUNITION, AIR FORCE

For construction, procurement, production, and modification

of ammunition, and accessories therefor; specialized equipment and

training devices; expansion of public and private plants, including

ammunition facilities authorized by section 2854 of title 10, United

States Code, and the land necessary therefor, for the foregoing

purposes, and such lands and interests therein, may be acquired,

and construction prosecuted thereon prior to approval of title; and

procurement and installation of equipment, appliances, and

machine tools in public and private plants; reserve plant and

Government and contractor-owned equipment layaway; and other

expenses necessary for the foregoing purposes, $1,327,459,000, to

remain available for obligation until September 30, 2007.

118 STAT. 964 PUBLIC LAW 108–287—AUG. 5, 2004

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 1 vehicle required for physical security of personnel, notwithstanding price limitations applicable to passenger vehicles but not

to exceed $200,000 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,

$13,071,297,000, to remain available for obligation until September

30, 2007.

PROCUREMENT, DEFENSE-WIDE

For expenses of activities and agencies of the Department of

Defense (other than the military departments) necessary for

procurement, production, and modification of equipment, supplies,

materials, and spare parts therefor, not otherwise provided for;

the purchase of passenger motor vehicles for replacement only;

expansion of public and private plants, equipment, and installation

thereof in such plants, erection of structures, and acquisition of

land for the foregoing purposes, and such lands and interests

therein, may be acquired, and construction prosecuted thereon prior

to approval of title; reserve plant and Government and contractorowned equipment layaway, $2,956,047,000, to remain available for

obligation until September 30, 2007.

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, $350,000,000, to remain available

for obligation until September 30, 2007: Provided, That the Chiefs

of the Reserve and National Guard components shall, not later

than 30 days after the enactment of this Act, individually submit

to the congressional defense committees the modernization priority

assessment for their respective Reserve or National Guard component.

DEFENSE PRODUCTION ACT PURCHASES

For activities by the Department of Defense pursuant to sections 108, 301, 302, and 303 of the Defense Production Act of

1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), $42,765,000,

to remain available until expended.

Deadline.

PUBLIC LAW 108–287—AUG. 5, 2004 118 STAT. 965

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,

$10,698,989,000, to remain available for obligation until September

30, 2006: Provided, That of the amounts provided under this

heading, $11,500,000 for Molecular Genetics and Musculoskeletal

Research in program element 0602787A shall remain available

until expended.

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,

$17,043,812,000, to remain available for obligation until September

30, 2006: 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,

$20,890,922,000, to remain available for obligation until September

30, 2006.

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,

$20,983,624,000, to remain available for obligation until September

30, 2006.

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, $314,835,000, to remain available for obligation until September 30, 2006.

118 STAT. 966 PUBLIC LAW 108–287—AUG. 5, 2004

TITLE V

REVOLVING AND MANAGEMENT FUNDS

DEFENSE WORKING CAPITAL FUNDS

For the Defense Working Capital Funds, $1,174,210,000.

NATIONAL DEFENSE SEALIFT FUND

For National Defense Sealift Fund programs, projects, and

activities, and for expenses of the National Defense Reserve Fleet,

as established by section 11 of the Merchant Ship Sales Act of

1946 (50 U.S.C. App. 1744), and for the necessary expenses to

maintain and preserve a U.S.-flag merchant fleet to serve the

national security needs of the United States, $1,204,626,000, 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, $18,171,436,000, of which $17,297,419,000 shall be for Operation and maintenance, of which not to exceed 2 percent shall

remain available until September 30, 2006, and of which up to

$8,953,494,000 may be available for contracts entered into under

the TRICARE program; of which $367,035,000, to remain available

for obligation until September 30, 2007, shall be for Procurement;

and of which $506,982,000, to remain available for obligation until

September 30, 2006, shall be for Research, development, test and

evaluation: Provided, That notwithstanding any other provision

of law, of the amount made available under this heading for Operation and maintenance, $9,500,000 shall remain available until

expended, and shall be available only for deposit into the Army

Fisher House Non-Appropriated Fund Instrumentality and shall

be used in support and upkeep of existing Fisher Houses managed

by the Army: Provided further, That notwithstanding any other

PUBLIC LAW 108–287—AUG. 5, 2004 118 STAT. 967

provision of law, of the amount made available under this heading

for Research, development, test and evaluation, not less than

$7,500,000 shall be available for HIV prevention educational activities undertaken in connection with U.S. military training, exercises,

and humanitarian assistance activities conducted primarily in African nations: Provided further, That Title VI of the Department

of Defense Appropriations Act, 2004, in the appropriation for the

Defense Health Program, is amended by adding before the period

a comma and the following: ‘‘and of which not less than $4,250,000

shall be available for HIV prevention educational activities undertaken in connection with U.S. military training, exercises, and

humanitarian assistance activities conducted primarily in African

nations’’.

CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, ARMY

For expenses, not otherwise provided for, necessary for the

destruction of the United States stockpile of lethal chemical agents

and munitions in accordance with the provisions of section 1412

of the Department of Defense Authorization Act, 1986 (50 U.S.C.

1521), and for the destruction of other chemical warfare materials

that are not in the chemical weapon stockpile, $1,372,990,000,

of which $1,088,801,000 shall be for Operation and maintenance;

$78,980,000 shall be for Procurement to remain available until

September 30, 2007; $205,209,000 shall be for Research, development, test and evaluation to remain available until September

30, 2006; and no less than $137,404,000 may be for the Chemical

Stockpile Emergency Preparedness Program, of which $44,631,000

shall be for activities on military installations and $92,773,000

shall be to assist State and local governments.

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

(INCLUDING TRANSFER OF FUNDS)

For drug interdiction and counter-drug activities of the Department of Defense, for transfer to appropriations available to the

Department of Defense for military personnel of the reserve components serving under the provisions of title 10 and title 32, United

States Code; for Operation and maintenance; for Procurement; and

for Research, development, test and evaluation, $906,522,000: 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, $204,562,000, of which $202,362,000 shall

be for Operation and maintenance, of which not to exceed $700,000

is available for emergencies and extraordinary expenses to be

117 Stat. 1069.

118 STAT. 968 PUBLIC LAW 108–287—AUG. 5, 2004

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

$2,100,000, to remain available until September 30, 2007, shall

be for Procurement; and of which $100,000, to remain available

until September 30, 2006, shall be for Research, development, test

and evaluation.

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, $239,400,000.

INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Intelligence Community Management Account, $310,466,000, of which $26,953,000 for the Advanced

Research and Development Committee shall remain available until

September 30, 2006: Provided, That of the funds appropriated under

this heading, $39,422,000 shall be transferred to the Department

of Justice for the National Drug Intelligence Center to support

the Department of Defense’s counter-drug intelligence responsibilities, and of the said amount, $1,500,000 for Procurement shall

remain available until September 30, 2007 and $1,000,000 for

Research, development, test and evaluation shall remain available

until September 30, 2006: Provided further, That the National

Drug Intelligence Center shall maintain the personnel and technical

resources to provide timely support to law enforcement authorities

and the intelligence community by conducting document and computer exploitation of materials collected in Federal, State, and local

law enforcement activity associated with counter-drug, counter-terrorism, and national security investigations and operations.

NATIONAL SECURITY EDUCATION TRUST FUND

For the purposes of title VIII of Public Law 102–183, $8,000,000, to be derived from the National Security Education

Trust Fund, to remain available until expended.

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

10 USC 1584

note.

PUBLIC LAW 108–287—AUG. 5, 2004 118 STAT. 969

to personnel of the Department of Defense: Provided, That salary

increases granted to direct and indirect hire foreign national

employees of the Department of Defense funded by this Act shall

not be at a rate in excess of the percentage increase authorized

by law for civilian employees of the Department of Defense whose

pay is computed under the provisions of section 5332 of title 5,

United States Code, or at a rate in excess of the percentage increase

provided by the appropriate host nation to its own employees,

whichever is higher: Provided further, That this section shall not

apply to Department of Defense foreign service national employees

serving at United States diplomatic missions whose pay is set

by the Department of State under the Foreign Service Act of 1980:

Provided further, That the limitations of this provision shall not

apply to foreign national employees of the Department of Defense

in the Republic of Turkey.

SEC. 8003. No part of any appropriation contained in this

Act shall remain available for obligation beyond the current fiscal

year, unless expressly so provided herein.

SEC. 8004. No more than 20 percent of the appropriations

in this Act which are limited for obligation during the current

fiscal year shall be obligated during the last 2 months of the

fiscal year: Provided, That this section shall not apply to obligations

for support of active duty training of reserve components or summer

camp training of the Reserve Officers’ Training Corps.

(TRANSFER OF FUNDS)

SEC. 8005. Upon determination by the Secretary of Defense

that such action is necessary in the national interest, he may,

with the approval of the Office of Management and Budget, transfer

not to exceed $3,500,000,000 of working capital funds of the Department of Defense or funds made available in this Act to the Department of Defense for military functions (except military construction)

between such appropriations or funds or any subdivision thereof,

to be merged with and to be available for the same purposes,

and for the same time period, as the appropriation or fund to

which transferred: Provided, That such authority to transfer may

not be used unless for higher priority items, based on unforeseen

military requirements, than those for which originally appropriated

and in no case where the item for which funds are requested

has been denied by the Congress: Provided further, That the Secretary of Defense shall notify the Congress promptly of all transfers

made pursuant to this authority or any other authority in this

Act: Provided further, That no part of the funds in this Act shall

be available to prepare or present a request to the Committees

on Appropriations for reprogramming of funds, unless for higher

priority items, based on unforeseen military requirements, than

those for which originally appropriated and in no case where the

item for which reprogramming is requested has been denied by

the Congress: Provided further, That a request for multiple

reprogrammings of funds using authority provided in this section

must be made prior to June 30, 2005: 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.

Deadline.

Notification.

118 STAT. 970 PUBLIC LAW 108–287—AUG. 5, 2004

(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;

Contracts.

Notifications.

10 USC 2306b

note.

Notification.

PUBLIC LAW 108–287—AUG. 5, 2004 118 STAT. 971

(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:

Lightweight 155mm Howitzer.

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 2005, 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 2006 budget request for the Department

of Defense as well as all justification material and other documentation supporting the fiscal year 2006 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

Lobbying.

Notification.

Reports.

10 USC 401 note.

118 STAT. 972 PUBLIC LAW 108–287—AUG. 5, 2004

of Defense Education Benefits Fund when time spent as a fulltime student is credited toward completion of a service commitment:

Provided, That this subsection shall not apply to those members

who have reenlisted with this option prior to October 1, 1987:

Provided further, That this subsection applies only to active components of the Army.

SEC. 8014. (a) LIMITATION ON CONVERSION TO CONTRACTOR

PERFORMANCE.—None of the funds appropriated by this Act shall

be available to convert to contractor performance an activity or

function of the Department of Defense that, on or after the date

of the enactment of this Act, is performed by more than 10 Department of Defense civilian employees unless—

(1) the conversion is based on the result of a public-private

competition that includes a most efficient and cost effective

organization plan developed by such activity or function;

(2) the Competitive Sourcing Official determines that, over

all performance periods stated in the solicitation of offers for

performance of the activity or function, the cost of performance

of the activity or function by a contractor would be less costly

to the Department of Defense by an amount that equals or

exceeds the lesser of—

(A) 10 percent of the most efficient organization’s personnel-related costs for performance of that activity or function by Federal employees; or (B) $10,000,000; and

(3) the contractor does not receive an advantage for a

proposal that would reduce costs for the Department of Defense

by—

(A) not making an employer-sponsored health insurance plan available to the workers who are to be employed

in the performance of that activity or function under the

contract; or

(B) offering to such workers an employer-sponsored

health benefits plan that requires the employer to contribute less towards the premium or subscription share

than the amount that is paid by the Department of Defense

for health benefits for civilian employees under chapter

89 of title 5, United States Code.

(b) EXCEPTIONS.—

(1) The Department of Defense, without regard to subsection (a) of this section or subsections (a), (b), or (c) of section

2461 of title 10, United States Code, and notwithstanding any

administrative regulation, requirement, or policy to the contrary shall have full authority to enter into a contract for

the performance of any commercial or industrial type function

of the Department of Defense that—

(A) is included on the procurement list established

pursuant to section 2 of the Javits-Wagner-O’Day Act (41

U.S.C. 47);

(B) is planned to be converted to performance by a

qualified nonprofit agency for the blind or by a qualified

nonprofit agency for other severely handicapped individuals

in accordance with that Act; or

(C) is planned to be converted to performance by a

qualified firm under at least 51 percent ownership by an

Indian tribe, as defined in section 4(e) of the Indian SelfDetermination and Education Assistance Act (25 U.S.C.

Applicability.

PUBLIC LAW 108–287—AUG. 5, 2004 118 STAT. 973

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

Regulations.

Certification.

118 STAT. 974 PUBLIC LAW 108–287—AUG. 5, 2004

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. Notwithstanding any other provision of law, during

the current fiscal year and hereafter, the Secretary of Defense

may, by executive agreement, establish with host nation governments in NATO member states a separate account into which

such residual value amounts negotiated in the return of United

States military installations in NATO member states may be deposited, in the currency of the host nation, in lieu of direct monetary

transfers to the United States Treasury: Provided, That such credits

may be utilized only for the construction of facilities to support

United States military forces in that host nation, or such real

property maintenance and base operating costs that are currently

executed through monetary transfers to such host nations: Provided

further, That the Department of Defense’s budget submission for

subsequent fiscal years shall identify such sums anticipated in

residual value settlements, and identify such construction, real

property maintenance or base operating costs that shall be funded

by the host nation through such credits: Provided further, That

all military construction projects to be executed from such accounts

must be previously approved in a prior Act of Congress: Provided

further, That each such executive agreement with a NATO member

host nation shall be reported to the congressional defense committees, the Committee on International Relations of the House of

Representatives and the Committee on Foreign Relations of the

Senate 30 days prior to the conclusion and endorsement of any

such agreement established under this provision.

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 25 U.S.C. 1544 or a small business

owned and controlled by an individual or individuals defined under

25 U.S.C. 4221(9) shall be considered a contractor for the purposes

of being allowed additional compensation under section 504 of the

Indian Financing Act of 1974 (25 U.S.C. 1544) whenever the prime

contract or subcontract amount is over $500,000 and involves the

expenditure of funds appropriated by an Act making Appropriations

Certification.

Reports.

Deadline.

10 USC 2687

note.

PUBLIC LAW 108–287—AUG. 5, 2004 118 STAT. 975

for the Department of Defense with respect to any fiscal year:

Provided further, That notwithstanding 41 U.S.C. 430, this section

shall be applicable to any Department of Defense acquisition of

supplies or services, including any contract and any subcontract

at any tier for acquisition of commercial items produced or manufactured, in whole or in part by any subcontractor or supplier defined

in 25 U.S.C. 1544 or a small business owned and controlled by

an individual or individuals defined under 25 U.S.C. 4221(9): Provided further, That businesses certified as 8(a) by the Small Business Administration pursuant to section 8(a)(15) of Public Law

85–536, as amended, shall have the same status as other program

participants under section 602 of Public Law 100–656, 102 Stat.

3825 (Business Opportunity Development Reform Act of 1988) for

purposes of contracting with agencies of the Department of Defense.

SEC. 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. (a) Of the amount appropriated by title II under

the heading ‘‘OPERATION AND MAINTENANCE, AIR FORCE’’, up to

$2,500,000 may be used for the acquisition of Native Allotment

F–14589 by the Secretary of the Air Force in accordance with

this section (including for the appraisal under this section), and

for fully compensating the owners of such allotment for the damages

caused to such owners by Air Force occupancy of property comprising that allotment.

(b) The acquisition under this section may be made only with

the consent of the owners of Native Allotment F–14589 and only

for the appraised fair marked value of that allotment, as determined

by the appraiser under subsection (c).

(c) Not later than 60 days after the date of the enactment

of this Act, the Secretary of the Air Force shall select, jointly

with the owners of Native Allotment F–14589, and retain a qualified

appraiser to appraise the fair market value of that allotment. The

appraiser shall be an appraiser who is independent of the Department of the Air Force and the owners of the allotment. The Secretary shall ensure that the appraiser completes the appraisal

not later than 180 days after the date of the enactment of this

Act. The Secretary shall pay the costs of the appraisal.

(d) The Secretary of the Air Force shall complete the acquisition

of Native Allotment F–14589 not later than September 30, 2005,

subject to the conditions set forth in subsection (b).

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,

Deadline.

Deadlines.

118 STAT. 976 PUBLIC LAW 108–287—AUG. 5, 2004

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 $24,971,000 shall be available for the Civil Air Patrol

Corporation, of which— (1) $21,588,000 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) $2,581,000 shall be available from ‘‘Aircraft Procurement, Air Force’’; and (3) $802,000 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 2005 may be used by a defense FFRDC, through a fee or

other payment mechanism, for construction of new buildings, for

payment of cost sharing for projects funded by Government grants,

for absorption of contract overruns, or for certain charitable contributions, not to include employee participation in community

service and/or development.

(d) Notwithstanding any other provision of law, of the funds

available to the department during fiscal year 2005, not more

than 5,400 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 Foreign Intelligence Program (NFIP).

(e) The Secretary of Defense shall, with the submission of

the department’s fiscal year 2006 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.

Reports.

PUBLIC LAW 108–287—AUG. 5, 2004 118 STAT. 977

(f) Notwithstanding any other provision of this Act, the total

amount appropriated in this Act for FFRDCs is hereby reduced

by $125,000,000.

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 2005. Such report shall separately

indicate the dollar value of items for which the Buy American

Reports.

41 USC 10b–2.

Certification.

Applicability.

118 STAT. 978 PUBLIC LAW 108–287—AUG. 5, 2004

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.

(INCLUDING TRANSFER OF FUNDS)

SEC. 8034. Amounts deposited during the current fiscal year

and hereafter to the special account established under 40 U.S.C.

572(b)(5)(A) and to the special account established under 10 U.S.C.

2667(d)(1) are appropriated and shall be available until transferred

by the Secretary of Defense to current applicable appropriations

or funds of the Department of Defense under the terms and conditions specified by 40 U.S.C. 572(b)(5)(B) and 10 U.S.C. 2667(d)(1)(B),

to be merged with and to be available for the same time period

and the same purposes as the appropriation to which transferred.

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, 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

10 USC 374 note.

President.

10 USC 221 note.

10 USC 2667

note.

PUBLIC LAW 108–287—AUG. 5, 2004 118 STAT. 979

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 2006 budget request for the Department

of Defense as well as all justification material and other documentation supporting the fiscal year 2006 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 2006 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, 2006: 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, 2006.

50 USC 403u

note.

118 STAT. 980 PUBLIC LAW 108–287—AUG. 5, 2004

SEC. 8043. Notwithstanding any other provision of law, funds

made available in this Act for the Defense Intelligence Agency

may be used for the design, development, and deployment of General Defense Intelligence Program intelligence communications and

intelligence information systems for the Services, the Unified and

Specified Commands, and the component commands.

SEC. 8044. Of the funds appropriated to the Department of

Defense under the heading ‘‘Operation and Maintenance, DefenseWide’’, 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, 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

PUBLIC LAW 108–287—AUG. 5, 2004 118 STAT. 981

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-bycase basis, if the Secretary determines, and certifies to the Committees on Appropriations of the House of Representatives and Senate

that the granting of the waiver will reduce the personnel requirements or the financial requirements of the department.

(c) This section does not apply to field operating agencies funded

within the National Foreign Intelligence Program.

(INCLUDING TRANSFER OF FUNDS)

SEC. 8048. (a) Upon a determination by the Secretary of the

Navy that the vessel USNS Capable (T–AGOS 16) is no longer

needed by the Navy, the Secretary shall transfer such vessel to

the National Oceanic and Atmospheric Administration as an exploration and research ship.

(b) Upon a transfer of the vessel USNS Capable (T–AGOS

16) under subsection (a), the Secretary of the Navy shall transfer

to the Secretary of Commerce $18,000,000 out of funds appropriated

by title IV under the heading ‘‘Research, Development, Test and

Evaluation, Navy’’. The amount so transferred shall be available

to the National Oceanographic and Atmospheric Administration

for the conversion of the vessel for use as an exploration and

research ship.

(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:

‘‘Shipbuilding and Conversion, Navy, 2002/2006’’,

$14,000,000;

‘‘Former Soviet Union Threat Reduction, 2003/2005’’,

$50,000,000;

‘‘Aircraft Procurement, Navy, 2003/2005’’, $50,000,000;

‘‘Aircraft Procurement, Air Force, 2003/2005’’, $50,000,000;

‘‘Other Procurement, Army, 2004/2006’’, $16,000,000;

‘‘Aircraft Procurement, Navy, 2004/2006’’, $32,800,000;

‘‘Shipbuilding and Conversion, Navy, 2004/2008’’,

$10,300,000;

‘‘Weapons Procurement, Navy, 2004/2006’’, $25,200,000;

‘‘Other Procurement, Navy, 2004/2006’’, $41,700,000;

‘‘Procurement, Marine Corps, 2004/2006’’, $40,200,000;

‘‘Other Procurement, Air Force, 2004/2006’’, $100,000,000;

‘‘Procurement, Defense-Wide, 2004/2006’’, $34,571,000;

‘‘Research, Development, Test and Evaluation, Army, 2004/

2005’’, $30,000,000;

118 STAT. 982 PUBLIC LAW 108–287—AUG. 5, 2004

‘‘Research, Development, Test and Evaluation, Navy, 2004/ 2005’’, $148,500,000;

‘‘Research, Development, Test and Evaluation, Air Force, 2004/2005’’, $57,666,000; and

‘‘Research, Development, Test and Evaluation, DefenseWide, 2004/2005’’, $78,700,000.

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 Foreign Intelligence

Program (NFIP), 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. (a) LIMITATION ON PENTAGON RENOVATION COSTS.— Not later than the date each year on which the President submits

to Congress the budget under section 1105 of title 31, United

States Code, the Secretary of Defense shall submit to Congress

a certification that the total cost for the planning, design, construction, and installation of equipment for the renovation of wedges

2 through 5 of the Pentagon Reservation, cumulatively, will not

Deadline.

Certification.

10 USC 2674

note.

Certification.

PUBLIC LAW 108–287—AUG. 5, 2004 118 STAT. 983

exceed four times the total cost for the planning, design, construction, and installation of equipment for the renovation of wedge

1.

(b) ANNUAL ADJUSTMENT.—For purposes of applying the limitation in subsection (a), the Secretary shall adjust the cost for the

renovation of wedge 1 by any increase or decrease in costs attributable to economic inflation, based on the most recent economic

assumptions issued by the Office of Management and Budget for

use in preparation of the budget of the United States under section

1104 of title 31, United States Code.

(c) EXCLUSION OF CERTAIN COSTS.—For purposes of calculating

the limitation in subsection (a), the total cost for wedges 2 through

5 shall not include—

(1) any repair or reconstruction cost incurred as a result

of the terrorist attack on the Pentagon that occurred on September 11, 2001;

(2) any increase in costs for wedges 2 through 5 attributable

to compliance with new requirements of Federal, State, or

local laws; and

(3) any increase in costs attributable to additional security

requirements that the Secretary of Defense considers essential

to provide a safe and secure working environment.

(d) CERTIFICATION COST REPORTS.—As part of the annual certification under subsection (a), the Secretary shall report the projected cost (as of the time of the certification) for—

(1) the renovation of each wedge, including the amount

adjusted or otherwise excluded for such wedge under the

authority of paragraphs (2) and (3) of subsection (c) for the

period covered by the certification; and

(2) the repair and reconstruction of wedges 1 and 2 in

response to the terrorist attack on the Pentagon that occurred

on September 11, 2001.

(e) DURATION OF CERTIFICATION REQUIREMENT.—The requirement to make an annual certification under subsection (a) shall

apply until the Secretary certifies to Congress that the renovation

of the Pentagon Reservation is completed.

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 counterdrug 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

10 USC 2865

note.

50 USC 403f

note.

10 USC 374 note.

Applicability.

118 STAT. 984 PUBLIC LAW 108–287—AUG. 5, 2004

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-bycase basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate, that adequate

domestic supplies are not available to meet Department of Defense

requirements on a timely basis and that such an acquisition must

be made in order to acquire capability for national security purposes: Provided further, That this restriction shall not apply to

the purchase of ‘‘commercial items’’, as defined by section 4(12)

of the Office of Federal Procurement Policy Act, except that the

restriction shall apply to ball or roller bearings purchased as end

items.

SEC. 8060. Notwithstanding any other provision of law, funds

available to the Department of Defense shall be made available

to provide transportation of medical supplies and equipment, on

a nonreimbursable basis, to American Samoa, and funds available

to the Department of Defense shall be made available to provide

transportation of medical supplies and equipment, on a nonreimbursable basis, to the Indian Health Service when it is in

conjunction with a civil-military project.

SEC. 8061. None of the funds in this Act may be used to

purchase any supercomputer which is not manufactured in the

United States, unless the Secretary of Defense certifies to the

congressional defense committees that such an acquisition must

be made in order to acquire capability for national security purposes

that is not available from United States manufacturers.

SEC. 8062. Notwithstanding any other provision of law, each

contract awarded by the Department of Defense during the current

fiscal year for construction or service performed in whole or in

part in a State (as defined in section 381(d) of title 10, United

States Code) which is not contiguous with another State and has

an unemployment rate in excess of the national average rate of

unemployment as determined by the Secretary of Labor, shall

include a provision requiring the contractor to employ, for the

purpose of performing that portion of the contract in such State

that is not contiguous with another State, individuals who are

residents of such State and who, in the case of any craft or trade,

possess or would be able to acquire promptly the necessary skills:

Provided, That the Secretary of Defense may waive the requirements of this section, on a case-by-case basis, in the interest of

national security.

SEC. 8063. None of the funds made available in this or any

other Act may be used to pay the salary of any officer or employee

of the Department of Defense who approves or implements the

transfer of administrative responsibilities or budgetary resources

of any program, project, or activity financed by this Act to the

jurisdiction of another Federal agency not financed by this Act

without the express authorization of Congress: Provided, That this

limitation shall not apply to transfers of funds expressly provided

Contracts.

PUBLIC LAW 108–287—AUG. 5, 2004 118 STAT. 985

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. To the extent authorized by subchapter VI of chapter

148 of title 10, United States Code, for the current fiscal year

and hereafter the Secretary of Defense may issue loan guarantees

in support of United States defense exports not otherwise provided

for: Provided, That the total contingent liability of the United

States for guarantees issued under the authority of this section

may not exceed $15,000,000,000: Provided further, That the exposure fees charged and collected by the Secretary for each guarantee

shall be paid by the country involved and shall not be financed

as part of a loan guaranteed by the United States: Provided further,

That the Secretary shall provide quarterly reports to the Committees on Appropriations, Armed Services, and Foreign Relations of

the Senate and the Committees on Appropriations, Armed Services,

and International Relations in the House of Representatives on

the implementation of this program: Provided further, That amounts

charged for administrative fees and deposited to the special account

provided for under section 2540c(d) of title 10, shall be available

for paying the costs of administrative expenses of the Department

of Defense that are attributable to the loan guarantee program

under subchapter VI of chapter 148 of title 10, United States

Code.

SEC. 8066. None of the funds available to the Department

of Defense under this Act shall be obligated or expended to pay

Reports.

10 USC 2540

note.

Applicability.

Notification.

118 STAT. 986 PUBLIC LAW 108–287—AUG. 5, 2004

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. Funds appropriated for the Department of Defense

and for intelligence activities in this Act are available for transfer

to the Department of State as remittance for a fee charged by

the Department of State for fiscal year 2005 for the maintenance,

upgrade, or construction of United States diplomatic facilities only

to the extent that the amount of the fee so charged (when added

to other amounts of such fees previously charged for that fiscal

year) exceeds the total amount of the unreimbursed costs incurred

by the departments and agencies funded by this Act during that

fiscal year in providing goods and services to the Department of

State.

(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.

PUBLIC LAW 108–287—AUG. 5, 2004 118 STAT. 987

SEC. 8070. Hereafter, funds appropriated for Operation and

maintenance and for the Defense Health Program in this Act,

and in future appropriations acts for the Department of Defense,

for supervision and administration costs for facilities maintenance

and repair, minor construction, or design projects, or any planning

studies, environmental assessments, or similar activities related

to installation support functions, may be obligated at the time

the reimbursable order is accepted by the performing activity: Provided, That for the purpose of this section, supervision and administration costs includes all in-house Government cost.

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 Foreign 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-bycase basis, waive with respect to a foreign country each limitation

on the procurement of defense items from foreign sources provided

in law if the Secretary determines that the application of the

limitation with respect to that country would invalidate cooperative

programs entered into between the Department of Defense and

the foreign country, or would invalidate reciprocal trade agreements

for the procurement of defense items entered into under section

10 USC 2241

note.

118 STAT. 988 PUBLIC LAW 108–287—AUG. 5, 2004

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

Human rights.

Applicability.

PUBLIC LAW 108–287—AUG. 5, 2004 118 STAT. 989

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 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

Reports.

Deadline.

Certification.

Reports.

Certification.

118 STAT. 990 PUBLIC LAW 108–287—AUG. 5, 2004

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

Certification.

Notification.

Notification.

PUBLIC LAW 108–287—AUG. 5, 2004 118 STAT. 991

case-by-case basis by certifying in writing to the Committees on

Appropriations of the House of Representatives and the Senate

that it is in the national security interest to do so.

SEC. 8085. None of the funds provided in this Act may be

used to transfer to any nongovernmental entity ammunition held

by the Department of Defense that has a center-fire cartridge

and a United States military nomenclature designation of ‘‘armor

penetrator’’, ‘‘armor piercing (AP)’’, ‘‘armor piercing incendiary

(API)’’, or ‘‘armor-piercing incendiary-tracer (API-T)’’, except to an

entity performing demilitarization services for the Department of

Defense under a contract that requires the entity to demonstrate

to the satisfaction of the Department of Defense that armor piercing

projectiles are either: (1) rendered incapable of reuse by the demilitarization process; or (2) used to manufacture ammunition pursuant

to a contract with the Department of Defense or the manufacture

of ammunition for export pursuant to a License for Permanent

Export of Unclassified Military Articles issued by the Department

of State.

SEC. 8086. Notwithstanding any other provision of law, the

Chief of the National Guard Bureau, or his designee, may waive

payment of all or part of the consideration that otherwise would

be required under 10 U.S.C. 2667, in the case of a lease of personal

property for a period not in excess of 1 year to any organization

specified in 32 U.S.C. 508(d), or any other youth, social, or fraternal

non-profit organization as may be approved by the Chief of the

National Guard Bureau, or his designee, on a case-by-case basis.

SEC. 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 $3,000,000 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.

Contracts.

Applicability.

Alcohol and

alcoholic

beverages.

10 USC 2488

note.

118 STAT. 992 PUBLIC LAW 108–287—AUG. 5, 2004

(INCLUDING TRANSFER OF FUNDS)

SEC. 8090. (a) Of the amounts appropriated in this Act under

the heading, ‘‘Research, Development, Test and Evaluation,

Defense-Wide’’, $60,000,000 shall remain available until expended:

Provided, That notwithstanding any other provision of law, the

Secretary of Defense is authorized to transfer such funds to other

activities of the Federal Government.

(b) Of the amounts appropriated in this Act under the heading,

‘‘Operation and Maintenance, Army’’, $185,000,000 shall remain

available until expended: Provided, That notwithstanding any other

provision of law, the Secretary of Defense is authorized to transfer

such funds to other activities of the Federal Government: 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, 2005, 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 2005.

SEC. 8092. (a) Of the amounts appropriated in this Act under

the heading ‘‘Research, Development, Test and Evaluation, Navy’’,

$214,678,000 shall be available for the construction of the first

prototype vessel under the Littoral Combat Ship program.

(b) None of the funds provided in this Act may be obligated

to prepare a fiscal year 2006 budget request for a third vessel

under the Littoral Combat Ship program in fiscal year 2006: Provided, That funds for the second vessel shall be for a second source

supplier: Provided further, That all subsequent ships shall be purchased with ‘‘Shipbuilding and Conversion, Navy’’ funds beginning

in fiscal year 2007.

SEC. 8093. In addition to amounts provided elsewhere in this

Act, $2,000,000 is hereby appropriated for ‘‘Defense Health Program’’, to remain available for obligation until expended: Provided,

That notwithstanding any other provision of law, these funds shall

be available only for a grant to the Fisher House Foundation,

Inc., only for the construction and furnishing of additional Fisher

Houses to meet the needs of military family members when confronted with the illness or hospitalization of an eligible military

beneficiary.

SEC. 8094. Amounts appropriated in title II of this Act are

hereby reduced by $300,000,000 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’’, $66,700,000.

(2) From ‘‘Operation and Maintenance, Navy’’, $77,900,000.

Applicability.

10 USC 113 note.

Contracts.

PUBLIC LAW 108–287—AUG. 5, 2004 118 STAT. 993

(3) From ‘‘Operation and Maintenance, Marine Corps’’,

$6,100,000.

(4) From ‘‘Operation and Maintenance, Air Force’’,

$149,300,000.

SEC. 8095. The total amount appropriated or otherwise made

available in this Act is hereby reduced by $500,000,000 to limit

excessive growth in the procurement of advisory and assistance

services, to be distributed as follows:

‘‘Operation and Maintenance, Army’’, $25,000,000;

‘‘Operation and Maintenance, Defense-Wide’’, $225,000,000;

‘‘Research, Development, Test and Evaluation, Army’’,

$50,000,000; and

‘‘Research, Development, Test and Evaluation, DefenseWide’’, $200,000,000.

(INCLUDING TRANSFER OF FUNDS)

SEC. 8096. Of the amounts appropriated in this Act under

the heading ‘‘Research, Development, Test and Evaluation, DefenseWide’’, $155,290,000 shall be made available for the Arrow missile

defense program: Provided, That of this amount, $68,000,000 shall

be available for the purpose of producing Arrow missile components

in the United States and Arrow missile components and missiles

in Israel to meet Israel’s defense requirements, consistent with

each nation’s laws, regulations and procedures: Provided further,

That funds made available under this provision for production

of missiles and missile components may be transferred to appropriations available for the procurement of weapons and equipment,

to be merged with and to be available for the same time period

and the same purposes as the appropriation to which transferred:

Provided further, That the transfer authority provided under this

provision is in addition to any other transfer authority contained

in this Act.

SEC. 8097. Notwithstanding any other provision of law, of the

amounts provided in this Act and in Public Law 108–87 under

the heading ‘‘Research, Development, Test and Evaluation, Navy’’,

$1,500,000, and $500,000, respectively, shall be provided as a grant

(or grants) to the California Central Coast Research Partnership

(C3RP) through the California Polytechnic State University Foundation: Provided, That the Secretary of the Navy shall make said

grant (or grants) within 90 days of the enactment of this Act.

(INCLUDING TRANSFER OF FUNDS)

SEC. 8098. (a) In addition to amounts provided elsewhere in

this Act, $34,000,000 is hereby appropriated for ‘‘Aircraft Procurement, Navy’’: Provided, That these funds shall be available only

for transfer to the Coast Guard for mission essential equipment

for Coast Guard HC–130J aircraft.

(b) In addition to amounts appropriated or otherwise made

available in this Act, there is hereby appropriated $40,000,000,

for ‘‘Operation and Maintenance, Defense-Wide’’: Provided, That,

of the funds provided herein, $30,000,000, to remain available until

expended, shall be transferred within 15 days of the enactment

of this Act to the Department of Agriculture, Forest Service

‘‘Wildland Fire Management’’ account and shall be merged with

Deadline.

Grants.

118 STAT. 994 PUBLIC LAW 108–287—AUG. 5, 2004

other funds in this account and shall be made available for hazardous fuels reduction, hazard mitigation, and rehabilitation activities of the Forest Service in the San Bernardino National Forest,

and $10,000,000, to remain available until expended, shall be transferred within 15 days of the enactment of this Act to the Forest

Service, ‘‘Capital Improvement and Maintenance’’ account and shall

be made available to construct a wildfire management training

facility in San Bernardino County: Provided further, That the

transfer authority provided in this section is in addition to any

other transfer authority available to the Department of Defense.

(INCLUDING TRANSFER OF FUNDS)

SEC. 8099. Of the amounts appropriated in this Act under the heading ‘‘Shipbuilding and Conversion, Navy’’, $484,390,000

shall be available until September 30, 2005, 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, 1996/2005’’:

LPD–17 Amphibious Transport Dock Ship Pro- gram, $55,000,000.

Under the heading, ‘‘Shipbuilding and Conversion,

Navy, 1999/2005’’:

New SSN, $10,000,000;

LPD–17 Amphibious Transport Dock Ship Program, $38,100,000.

Under the heading, ‘‘Shipbuilding and Conversion,

Navy, 2000/2005’’:

DDG–51 Destroyer Program, $44,963,000;

LPD–17 Amphibious Transport Dock Ship Program, $171,681,000.

Under the heading, ‘‘Shipbuilding and Conversion,

Navy, 2001/2005’’:

DDG–51 Destroyer Program, $83,316,000;

New SSN, $67,330,000.

Under the heading, ‘‘Shipbuilding and Conversion,

Navy, 2002/2005’’:

LCAC SLEP, $2,100,000.

Under the heading, ‘‘Shipbuilding and Conversion,

Navy, 2003/2005’’:

LCAC SLEP, $11,900,000:

Provided further, That section 126 of the National Defense

Authorization Act for Fiscal Year 2004 (Public Law 108–136; 117

Stat. 1410; 10 U.S.C. 7291 note) is repealed.

SEC. 8100. The Secretary of the Navy may settle, or compromise, and pay any and all admiralty claims under 10 U.S.C.

7622 arising out of the collision involving the U.S.S.

GREENEVILLE and the EHIME MARU, in any amount and without regard to the monetary limitations in subsections (a) and (b)

of that section: Provided, That such payments shall be made from

funds available to the Department of the Navy for operation and

maintenance.

PUBLIC LAW 108–287—AUG. 5, 2004 118 STAT. 995

SEC. 8101. None of the funds available to the Department

of Defense may be obligated to implement any action which alters

the command responsibility or permanent assignment of forces until

270 days after such plan has been provided to the congressional

defense committees.

SEC. 8102. Notwithstanding any other provision of law or regulation, the Secretary of Defense may exercise the provisions of

38 U.S.C. 7403(g) for occupations listed in 38 U.S.C. 7403(a)(2)

as well as the following:

Pharmacists, Audiologists, and Dental Hygienists.

(A) The requirements of 38 U.S.C. 7403(g)(1)(A) shall

apply.

(B) The limitations of 38 U.S.C. 7403(g)(1)(B) shall

not apply.

SEC. 8103. 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 2005 until the enactment of the Intelligence

Authorization Act for fiscal year 2005.

SEC. 8104. In addition to funds made available elsewhere in

this Act, $5,500,000 is hereby appropriated and shall remain available until expended to provide assistance, by grant or otherwise

(such as, but not limited to, the provision of funds for repairs,

maintenance, construction, and/or for the purchase of information

technology, text books, teaching resources), to public schools that

have unusually high concentrations of special needs military

dependents enrolled: Provided, That in selecting school systems

to receive such assistance, special consideration shall be given to

school systems in States that are considered overseas assignments,

and all schools within these school systems shall be eligible for

assistance: Provided further, That up to 2 percent of the total

appropriated funds under this section shall be available to support

the administration and execution of the funds or program and/

or events that promote the purpose of this appropriation (e.g. payment of travel and per diem of school teachers attending conferences

or a meeting that promotes the purpose of this appropriation and/

or consultant fees for on-site training of teachers, staff, or Joint

Venture Education Forum (JVEF) Committee members): Provided

further, That up to $2,000,000 shall be available for the Department

of Defense to establish a non-profit trust fund to assist in the

public-private funding of public school repair and maintenance

projects, or provide directly to non-profit organizations who in

return will use these monies to provide assistance in the form

of repair, maintenance, or renovation to public school systems that

have high concentrations of special needs military dependents and

are located in States that are considered overseas assignments:

Provided further, That to the extent a Federal agency provides

this assistance, by contract, grant, or otherwise, it may accept

and expend non-Federal funds in combination with these Federal

funds to provide assistance for the authorized purpose, if the nonFederal entity requests such assistance and the non-Federal funds

are provided on a reimbursable basis.

SEC. 8105. The total amount appropriated in title IV of this

Act is hereby reduced by $197,500,000 to reduce cost growth in

information technology development and modernization, to be

derived as follows:

Applicability.

118 STAT. 996 PUBLIC LAW 108–287—AUG. 5, 2004

(1) From ‘‘Other Procurement, Army’’, $39,500,000.

(2) From ‘‘Other Procurement, Navy’’, $10,800,000.

(3) From ‘‘Other Procurement, Air Force’’, $49,000,000.

(4) From ‘‘Procurement, Defense-Wide’’, $20,100,000.

(5) From ‘‘Research, Development, Test and Evaluation,

Army’’, $3,500,000.

(6) From ‘‘Research, Development, Test and Evaluation,

Navy’’, $10,800,000.

(7) From ‘‘Research, Development, Test and Evaluation,

Air Force’’, $3,500,000.

(8) From ‘‘Research, Development, Test and Evaluation,

Defense-Wide’’, $60,300,000.

SEC. 8106. 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. 8107. The amounts appropriated in title II of this Act

are hereby reduced by $316,000,000 to reflect cash balance and

rate stabilization adjustments in Department of Defense Working

Capital Funds, as follows:

(1) From ‘‘Operation and Maintenance, Navy’’,

$150,000,000.

(2) From ‘‘Operation and Maintenance, Air Force’’,

$166,000,000.

SEC. 8108. (a) In addition to the amounts provided elsewhere

in this Act, the amount of $6,000,000 is hereby appropriated to

the Department of Defense for ‘‘Operation and Maintenance, Army

National Guard’’. Such amount shall be made available to the

Secretary of the Army only to make a grant in the amount of

$6,000,000 to the entity specified in subsection (b) to facilitate

access by veterans to opportunities for skilled employment in the

construction industry.

(b) The entity referred to in subsection (a) is the Center for

Military Recruitment, Assessment and Veterans Employment, a

nonprofit labor-management co-operation committee provided for

by section 302(c)(9) of the Labor-Management Relations Act, 1947

(29 U.S.C. 186(c)(9)), for the purposes set forth in section 6(b)

of the Labor Management Cooperation Act of 1978 (29 U.S.C. 175a

note).

SEC. 8109. 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.

Grants.

PUBLIC LAW 108–287—AUG. 5, 2004 118 STAT. 997

SEC. 8110. Of the funds made available in this Act, not less

than $87,900,000 shall be available to maintain an attrition reserve

force of 18 B–52 aircraft, of which $3,700,000 shall be available

from ‘‘Military Personnel, Air Force’’, $55,300,000 shall be available

from ‘‘Operation and Maintenance, Air Force’’, and $28,900,000

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 2005: Provided further, That the Secretary of Defense

shall include in the Air Force budget request for fiscal year 2006

amounts sufficient to maintain a B–52 force totaling 94 aircraft.

SEC. 8111. Of the funds made available under the heading

‘‘Operation and Maintenance, Air Force’’, $9,000,000 shall be available to realign railroad track on Elmendorf Air Force Base and

Fort Richardson: Provided, That of the funds made available under

the heading ‘‘Operation and Maintenance, Air Force’’, $14,000,000

shall be available for engineering and environment studies necessary to extend the railroad to Stryker Brigade Combat Team

training areas north of Fort Wainwright, Alaska: Provided further,

That 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. The total

cost of such phased projects shall not exceed $32,000,000.

(TRANSFER OF FUNDS)

SEC. 8112. Of the amounts appropriated in Public Law 107–

206 under the heading ‘‘Defense Emergency Response Fund’’, an

amount up to the fair market value of the leasehold interest in

adjacent properties necessary for the force protection requirements

of Tooele Army Depot, Utah, may be made available to resolve

any property disputes associated with Tooele Army Depot, Utah,

and to acquire such leasehold interest as required: Provided, That

none of these funds may be used to acquire fee title to the properties.

SEC. 8113. In addition to the amounts appropriated or otherwise

made available elsewhere in this Act, $51,425,000 is hereby appropriated to the Department of Defense, to remain available until

September 30, 2005: Provided, That the Secretary of Defense shall

make grants in the amounts specified as follows: $5,000,000 to

the Intrepid Sea-Air-Space Foundation; $1,875,000 to the Presidio

Trust only for renovations of the parade field; $1,000,000 to the

Fort Ticonderoga Association; $8,500,000 to the Military Aviation

Museum of the Pacific; $10,000,000 to the Wings of Liberty Military

Museum at Fort Campbell; $2,550,000 to the United Services

Organization; $5,000,000 to the Galena IDEA Distance Learning

Program; $1,500,000 to the Wing Luke Asian Museum; $8,000,000

to the Center for Applied Science and Engineering; $1,000,000

to the Women in Military Service for America Memorial Foundation;

$2,000,000 to the American Red Cross Greater Alleghenies Blood

Services Center; $4,000,000 to the Clarksville-Montgomery County

School System; and $1,000,000 to the National Museum of Cavalry

and Armor at Fort Knox.

SEC. 8114. None of the funds appropriated in this Act under

the heading ‘‘Overseas Contingency Operations Transfer Account’’

may be transferred or obligated for Department of Defense expenses

118 STAT. 998 PUBLIC LAW 108–287—AUG. 5, 2004

not directly related to the conduct of overseas contingencies: Provided, That the Secretary of Defense shall submit a report no

later than 30 days after the end of each fiscal quarter to the

Committees on Appropriations of the Senate and House of Representatives that details any transfer of funds from the ‘‘Overseas

Contingency Operations Transfer Account’’: Provided further, That

the report shall explain any transfer for the maintenance of real

property, pay of civilian personnel, base operations support, and

weapon, vehicle or equipment maintenance.

SEC. 8115. For purposes of section 1553(b) of title 31, United

States Code, any subdivision of appropriations made in this Act

under the heading ‘‘Shipbuilding and Conversion, Navy’’ shall be

considered to be for the same purpose as any subdivision under

the heading ‘‘Shipbuilding and Conversion, Navy’’ appropriations

in any prior fiscal year, and the 1 percent limitation shall apply

to the total amount of the appropriation.

SEC. 8116. The budget of the President for fiscal year 2006

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. 8117. 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. 8118. Notwithstanding any other provision of law, section

2533a(f) of title 10, United States Code, shall hereafter not apply

to any fish, shellfish, or seafood product. This section applies to

contracts and subcontracts for the procurement of commercial items

notwithstanding section 34 of the Office of Federal Procurement

Policy Act (41 U.S.C. 430).

SEC. 8119. 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. 8120. 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

Applicability.

Contracts.

10 USC 2533a

note.

10 USC 221 note.

Applicability.

Reports.

Deadlines.

PUBLIC LAW 108–287—AUG. 5, 2004 118 STAT. 999

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. 8121. (a) LAND CONVEYANCES, NORTON AIR FORCE BASE,

CALIFORNIA.—

(1) FOREST SERVICE CONVEYANCE.—Subject to paragraph

(2), the Secretary of Agriculture shall convey to the Inland

Valley Development Agency all right, title, and interest of the

United States in and to a parcel of real property consisting

of approximately 3.74 acres designated as parcel D–1 (including

the former Air Force S–2 Headquarters Building) on the former

Norton Air Force Base, California.

(2) As consideration for the transfer under paragraph (1),

the Inland Valley Development Agency shall execute a longterm ground lease with the Secretary of Agriculture, upon

terms acceptable to the Federal Aviation Administration, to

provide the United States Forest Service with a replacement

parcel of land of approximately 7.5 acres at the San Bernardino

International Airport adjacent to current facilities of the Forest

Service to be used for aeronautical purposes in furtherance

of wildfire prevention and containment.

(b) AIR FORCE CONVEYANCE.—

(1) Subject to paragraph (2), the Secretary of the Air Force

shall convey to the Inland Valley Development Agency all right,

title, and interest of the United States in and to certain parcels

of real property, including improvements thereon, located on

or adjacent to the former Norton Air Force Base, California,

that as of the date of the enactment of this Act have been

determined through a record of decision to be eligible to be

transferred to, or held in trust for, the San Manuel Band

of Mission Indians.

(2) The Secretary of the Air Force shall make a conveyance

under paragraph (1) with respect to any parcel of real property

to which that paragraph applies only upon delivery to the

Secretary of an instrument executed by the San Manuel Band

of Mission Indians that releases and extinguishes any real

property interest of the San Manuel Band of Mission Indians

in that parcel of real property.

SEC. 8122. (a) The total amount appropriated or otherwise

made available in titles II, III and IV of this Act is hereby reduced

by $711,000,000 to reflect savings from assumed management

improvements, to be distributed as follows:

‘‘Title II’’, $200,000,000;

‘‘Title III’’, $300,000,000; and

‘‘Title IV’’, $211,000,000.

(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.

(INCLUDING TRANSFER OF FUNDS)

SEC. 8123. (a) The amount appropriated in title II for ‘‘Operation and Maintenance, Air Force’’ is hereby reduced by

118 STAT. 1000 PUBLIC LAW 108–287—AUG. 5, 2004

$967,200,000 to reflect cash balance and rate stabilization adjustments in the Department of Defense Transportation Working Capital Fund.

(b) Not later than 270 days after the date of the enactment

of this Act, the Secretary of Defense shall transfer $967,200,000

from the Department of Defense Transportation Working Capital

Fund to ‘‘Operation and Maintenance, Air Force’’ to offset the reduction made by subsection (a). The transfer required by this subsection

is in addition to any other transfer authority provided to the Department of Defense.

SEC. 8124. 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. 8125. Of the amount appropriated under the heading

‘‘Operation and Maintenance, Marine Corps’’ for the Marine Corps

Air-Ground Task Force Training Center, Twenty Nine Palms, California, $3,900,000 shall be available to the Secretary of the Navy

to enter into a contract, notwithstanding any other provision of

law, for the widening of Adobe Road, which is used by members

of the Marine Corps stationed at the installation and their dependents, and for construction of pedestrian and bike lanes for the

road, to provide for the safety of the Marines stationed at the

installation.

SEC. 8126. In addition to amounts appropriated or otherwise

made available in this Act, there is hereby appropriated $2,500,000,

for ‘‘Operation and Maintenance, Marine Corps’’: Provided, That

the Secretary of the Navy shall make a grant in that amount

to the ‘‘Hi-Desert Memorial Health Care District’’, Joshua Tree,

California, for the purposes of providing a capability for noninvasive assessment, diagnostic testing and treatment in support

of service personnel and their families stationed at the Marine

Corps Air-Ground Task Force Training Center.

SEC. 8127. (a) LAND CONVEYANCE, ARMY RESERVE TRAINING

CENTER, WOOSTER, OHIO.—The Secretary of the Army may convey,

without consideration, to the City of Wooster, Ohio, all right, title,

and interest of the United States in and to a parcel of real property,

including improvements thereon, that is located at 1676 Portage

Road, Wooster, Ohio, and contains a former Army Reserve Training

Center.

(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the real property to be conveyed under subsection

(a) shall be determined by a survey satisfactory to the Secretary.

The cost of the survey shall be borne by the City of Wooster,

Ohio.

(c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with

the conveyance under subsection (a) as the Secretary considers

appropriate to protect the interests of the United States.

SEC. 8128. (a) At the time members of reserve components

of the Armed Forces are called or ordered to active duty under

section 12302(a) of title 10, United States Code, each member

Grants.

California.

Contracts.

California.

Deadline.

PUBLIC LAW 108–287—AUG. 5, 2004 118 STAT. 1001

shall be notified in writing of the expected period during which

the member will be mobilized.

(b) The Secretary of Defense may waive the requirements of

subsection (a) in any case in which the Secretary determines that

it is necessary to do so to respond to a national security emergency

or to meet dire operational requirements of the Armed Forces.

(INCLUDING TRANSFER OF FUNDS)

SEC. 8129. The Secretary of the Navy may transfer funds

from any available Department of the Navy appropriation to any

available Navy ship construction appropriation for the purpose of

liquidating necessary changes resulting from inflation, market fluctuations, or rate adjustments for any ship construction program

appropriated in law: Provided, That the Secretary may transfer

not to exceed $100,000,000 under the authority provided by this

section: Provided further, That the funding transferred shall be

available for the same time period as the appropriation to which

transferred: Provided further, That the Secretary may not transfer

any funds until 30 days after the proposed transfer has been

reported to the Committee on Appropriations of the Senate and

the House of Representatives, unless sooner notified by the Committees that there is no objection to the proposed transfer: Provided

further, That the transfer authority provided by this section is

in addition to any other transfer authority contained elsewhere

in this Act.

SEC. 8130. The amounts appropriated in title II of this Act

are hereby reduced by $50,000,000 to reflect savings attributable

to the offsetting of payments to contractors for the collection, pursuant to law, of unpaid taxes owed to the United States, as follows:

(1) From ‘‘Operation and Maintenance, Army’’, $11,000,000.

(2) From ‘‘Operation and Maintenance, Navy’’, $13,000,000.

(3) From ‘‘Operation and Maintenance, Marine Corps’’,

$1,000,000.

(4) From ‘‘Operation and Maintenance, Air Force’’,

$25,000,000.

SEC. 8131. The total amount appropriated in title IV is hereby

reduced by $350,000,000 to decrease amounts budgeted in anticipation of the application of non-statutory funding set asides: Provided,

That this reduction shall be allocated proportionately to each budgeted program, program element, project, and activity: Provided further, That funds made available for programs of the National Foreign Intelligence Program (NFIP) are exempt from the application

of this provision.

(INCLUDING TRANSFER OF FUNDS)

SEC. 8132. TANKER REPLACEMENT TRANSFER FUND.—In addition to funds made available elsewhere in this Act, there is hereby

appropriated $100,000,000, to remain available until transferred:

Provided, That these funds are appropriated to the ‘‘Tanker Replacement Transfer Fund’’ (referred to as ‘‘the Fund’’ elsewhere in this

section), which is hereby established in the Treasury: Provided

further, That the Secretary of the Air Force may transfer amounts

in the Fund to ‘‘Operation and Maintenance, Air Force’’, ‘‘Aircraft

Procurement, Air Force’’, and ‘‘Research, Development, Test and

Evaluation, Air Force’’, only for the purposes of proceeding with

Reports.

118 STAT. 1002 PUBLIC LAW 108–287—AUG. 5, 2004

a tanker acquisition program: 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 the Secretary of

the Air Force shall, not fewer than 15 days prior to making transfers

using funds provided in this section, 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.

SEC. 8133. None of the funds appropriated or otherwise made

available by this Act may be used to amend or cancel, or implement

any amendment or cancellation of, Department of Defense Directive

1344.7, ‘‘Personal Commercial Solicitation on DOD Installations’’,

until after the end of the 90-day period beginning on the date

on which the report containing the results of the investigation

regarding insurance premium allotment processing, which is underway as of the date of the enactment of this Act, is submitted

to the congressional defense committees (as defined in section

101(a)(16) of title 10, United States Code), the Committee on

Government Reform of the House of Representatives, and the Committee on Governmental Affairs of the Senate.

SEC. 8134. The Secretary of Defense shall provide a report

to the congressional defense committees not later than October

15, 2004, that addresses how the Department of Defense (DOD)

is improving the dud rate of cluster munitions to meet existing

DOD policies. This report shall address: (1) the types and quantities

of munitions systems that employ cluster munitions presently in

DOD’s inventory that do and do not meet the 1-percent dud rate

policy; (2) DOD efforts to ensure the development of cluster munitions that meet the 1-percent dud rate policy, including a list

of programs funded in fiscal year 2005; and (3) a schedule describing

the DOD cluster munitions inventory profile from the present until

the time this inventory will meet the 1-percent dud rate policy.

SEC. 8135. Up to $2,600,000 of the funds appropriated under

the heading, ‘‘Operation and Maintenance, Navy’’ in this Act may

be made available to contract for the installation, repair, maintenance, and operation of on-base and adjacent off-base drainage

and flood control systems critical to base operations and the public

health and safety of community residents in the vicinity of the

Naval Magazine Lualualei.

SEC. 8136. From funds provided under the heading ‘‘Operation

and Maintenance, Navy’’, the Secretary of the Navy may make

a grant in the amount of $2,100,000 to the Chicago Public Schools

for establishment of a Naval Military Academy High School, Chicago, Illinois, in partnership with the Great Lakes Naval Training

Center.

SEC. 8137. Of the amount appropriated by title III under the

heading ‘‘Aircraft Procurement, Air Force’’, $880,000 shall be available to the Secretary of the Air Force for a grant to Rocky Mountain

College, Montana, for the purchase of three Piper aircraft, and

an aircraft simulator, for support of aviation training.

SEC. 8138. It is the sense of the Senate that—

Reports.

Deadline.

Reports.

Reports.

Deadline.

Deadline.

Notification.

PUBLIC LAW 108–287—AUG. 5, 2004 118 STAT. 1003

(1) any request for funds for a fiscal year 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; and

(2) any funds provided for such fiscal year for such a

military operation should be provided in appropriations Acts

for such fiscal year through appropriations to specific accounts

set forth in such Acts.

SEC. 8139. Notwithstanding any other provision of law, the

Secretary of the Air Force may, using funds available to the Air

Force, demolish or provide for the demolition of any facilities or

other improvements on real property at the former Wurtsmith

Air Force Base.

SEC. 8140. (a) The total amount appropriated or otherwise

made available in this Act is hereby reduced by $768,100,000 to

reflect excessive unobligated balances, to be distributed as follows:

‘‘Operation and Maintenance, Army’’, $160,800,000;

‘‘Operation and Maintenance, Navy’’, $171,900,000;

‘‘Operation and Maintenance, Marine Corps’’, $15,700,000;

‘‘Operation and Maintenance, Air Force’’, $142,400,000; and

‘‘Operation and Maintenance, Defense-Wide’’, $277,300,000.

(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. 8141. (a) The total amount appropriated or otherwise

made available in title II of this Act is hereby reduced by

$100,000,000 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.

(INCLUDING RESCISSIONS)

SEC. 8142. 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:

‘‘Aircraft Procurement, Navy, 2002/2004’’, $50,000,000; and

‘‘Aircraft Procurement, Air Force, 2002/2004’’, $50,000,000:

Provided, That in addition to funds made available elsewhere in

this Act, $100,000,000 is hereby appropriated, in the specified

amounts to the following accounts:

‘‘Aircraft Procurement, Navy, 2003/2005’’, $50,000,000; and

‘‘Aircraft Procurement, Air Force, 2003/2005’’, $50,000,000:

Provided further, That this section shall become effective upon

enactment of this Act.

Effective date.

118 STAT. 1004 PUBLIC LAW 108–287—AUG. 5, 2004

TITLE IX

ADDITIONAL WAR-RELATED APPROPRIATIONS

DEPARTMENT OF DEFENSE—MILITARY

MILITARY PERSONNEL

MILITARY PERSONNEL, ARMY

For an additional amount for ‘‘Military Personnel, Army’’,

$915,700,000.

MILITARY PERSONNEL, NAVY

For an additional amount for ‘‘Military Personnel, Navy’’,

$27,700,000.

MILITARY PERSONNEL, MARINE CORPS

For an additional amount for ‘‘Military Personnel, Marine

Corps’’, $241,700,000.

MILITARY PERSONNEL, AIR FORCE

For an additional amount for ‘‘Military Personnel, Air Force’’,

$64,900,000.

OPERATION AND MAINTENANCE

OPERATION AND MAINTENANCE, ARMY

For an additional amount for ‘‘Operation and Maintenance,

Army’’, $13,550,000,000.

OPERATION AND MAINTENANCE, NAVY

For an additional amount for ‘‘Operation and Maintenance,

Navy’’, $367,000,000.

OPERATION AND MAINTENANCE, MARINE CORPS

For an additional amount for ‘‘Operation and Maintenance,

Marine Corps’’, $1,665,000,000.

OPERATION AND MAINTENANCE, AIR FORCE

For an additional amount for ‘‘Operation and Maintenance,

Air Force’’, $419,000,000.

OPERATION AND MAINTENANCE, DEFENSE-WIDE

For an additional amount for ‘‘Operation and Maintenance,

Defense-Wide’’, $404,000,000.

PUBLIC LAW 108–287—AUG. 5, 2004 118 STAT. 1005

IRAQ FREEDOM FUND

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Iraq Freedom Fund’’,

$3,800,000,000, 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, $1,800,000,000 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 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

PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES,

ARMY

For an additional amount for ‘‘Procurement of Weapons and

Tracked Combat Vehicles, Army’’, $50,000,000, to remain available

until September 30, 2007.

PROCUREMENT OF AMMUNITION, ARMY

For an additional amount for ‘‘Procurement of Ammunition,

Army’’, $110,000,000, to remain available until September 30, 2007.

OTHER PROCUREMENT, ARMY

For an additional amount for ‘‘Other Procurement, Army’’, $755,000,000, to remain available until September 30, 2007.

AIRCRAFT PROCUREMENT, NAVY

For an additional amount for ‘‘Aircraft Procurement, Navy’’,

$79,000,000, to remain available until September 30, 2007.

Reports.

Deadline.

Notification.

118 STAT. 1006 PUBLIC LAW 108–287—AUG. 5, 2004

PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS

For an additional amount for ‘‘Procurement of Ammunition,

Navy and Marine Corps’’, $30,000,000, to remain available until

September 30, 2007.

PROCUREMENT, MARINE CORPS

For an additional amount for ‘‘Procurement, Marine Corps’’, $150,000,000, to remain available until September 30, 2007.

OTHER PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Other Procurement, Air Force’’,

$110,000,000, to remain available until September 30, 2007.

PROCUREMENT, DEFENSE-WIDE

For an additional amount for ‘‘Procurement, Defense-Wide’’,

$50,000,000, to remain available until September 30, 2007.

NATIONAL GUARD AND RESERVE EQUIPMENT

For an additional amount for ‘‘National Guard and Reserve

Equipment’’, $50,000,000, to remain available until September 30,

2007.

REVOLVING AND MANAGEMENT FUNDS

DEFENSE WORKING CAPITAL FUNDS

For an additional amount for ‘‘Defense Working Capital Funds’’,

$1,478,000,000.

OTHER DEPARTMENT OF DEFENSE PROGRAMS

DEFENSE HEALTH PROGRAM

For an additional amount for ‘‘Defense Health Program’’,

$683,000,000 for Operation and maintenance.

GENERAL PROVISIONS, TITLE IX

SEC. 9001. Appropriations provided in this title are available

for obligation until September 30, 2005, unless otherwise so provided in this title: Provided, That notwithstanding any other provision of law or of this Act, funds in this title are available for

obligation, and authorities in this title shall apply, upon enactment

of this Act.

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. (a) Upon his determination that such action is

necessary in the national interest, the Secretary of Defense may

transfer between appropriations up to $1,500,000,000 of the funds

made available to the Department of Defense in this title: Provided,

Applicability.

PUBLIC LAW 108–287—AUG. 5, 2004 118 STAT. 1007

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.

(b) Section 8005 of the Department of Defense Appropriations

Act, 2004 (Public Law 108–87; 117 Stat. 1071), is amended—

(1) by striking ‘‘$2,100,000,000’’ and inserting in lieu

thereof ‘‘$2,800,000,000’’; and

(2) by striking all after the third proviso and inserting

the following: ‘‘: 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.’’.

(c) Section 168(a) of division H of the Consolidated Appropriations Act, 2004 (Public Law 108–199; 118 Stat. 456), is repealed

upon enactment 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 2004 and 2005 appropriations to the Department of Defense

or to initiate a procurement or research, development, test and

evaluation new start program without prior written notification

to the congressional defense committees.

SEC. 9006. Notwithstanding any other provision of law, from

funds made available in this title to the Department of Defense

for operation and maintenance, not to exceed $500,000,000 may

be used by the Secretary of Defense, with the concurrence of the

Secretary of State, to train, equip and provide related assistance

only to the New Iraqi Army and the Afghan National Army to

enhance their capability to combat terrorism and to support U.S.

military operations in Iraq and Afghanistan: Provided, That such

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

to provide assistance under this section is in addition to any other

authority to provide assistance to foreign nations: Provided further,

That the Secretary of Defense shall notify the congressional defense

committees, the Committee on International Relations of the House

of Representatives, and the Committee on Foreign Relations of

the Senate not less than 15 days before providing assistance under

the authority of this section.

SEC. 9007. From funds made available in this title to the

Department of Defense, not to exceed $300,000,000 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: Provided, That the Secretary of Defense shall provide quarterly reports to the congressional defense committees

Reports.

Iraq.

Afghanistan.

Notification.

Deadline.

Afghanistan.

Terrorism.

Notification.

118 STAT. 1008 PUBLIC LAW 108–287—AUG. 5, 2004

regarding the source of funds and the allocation and use of funds

made available pursuant to the authority provided in this section.

SEC. 9008. Section 202(b) of the Afghanistan Freedom Support

Act of 2002 (Public Law 107–327, as amended by section 2206

of Public Law 108–106) is amended by striking ‘‘$450,000,000’’

and inserting in lieu thereof ‘‘$550,000,000’’.

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 April 30 and October 31 of

each year, the Secretary of Defense shall submit to Congress a

report on the military operations of the Armed Forces and the

reconstruction activities of the Department of Defense in Iraq and

Afghanistan.

(b) Each report shall include the following information:

(1) For each of Iraq and Afghanistan for the half-fiscal

year ending during the month preceding the due date of the

report, the amount expended for military operations of the

Armed Forces and the amount expended for reconstruction

activities, together with the cumulative total amounts expended

for such operations and activities.

(2) An assessment of the progress made toward preventing

attacks on United States personnel.

(3) An assessment of the effects of the operations and

activities in Iraq and Afghanistan on the readiness of the

Armed Forces.

(4) An assessment of the effects of the operations and

activities in Iraq and Afghanistan on the recruitment and retention of personnel for the Armed Forces.

(5) For the half-fiscal year ending during the month preceding the due date of the report, the costs incurred for repair

of Department of Defense equipment used in the operations

and activities in Iraq and Afghanistan.

(6) The foreign countries, international organizations, and

nongovernmental organizations that are contributing support

for the ongoing military operations and reconstruction activities, together with a discussion of the amount and types of

support contributed by each during the half-fiscal year ending

during the month preceding the due date of the report.

(7) The extent to which, and the schedule on which, the

Selected Reserve of the Ready Reserve of the Armed Forces

is being involuntarily ordered to active duty under section

12304 of title 10, United States Code.

(8) For each unit of the National Guard of the United

States and the other reserve components of the Armed Forces

on active duty pursuant to an order to active duty under

section 12304 of title 10, United States Code, the following

information:

(A) The unit.

(B) The projected date of return of the unit to its

home station.

Deadlines.

Reports.

10 USC 113 note.

Reports.

22 USC 7532.

PUBLIC LAW 108–287—AUG. 5, 2004 118 STAT. 1009

(C) The extent (by percentage) to which the forces

deployed within the United States and outside the United

States in support of a contingency operation are composed

of reserve component forces.

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. The President shall provide to the Congress a report

detailing the estimated costs over the period from fiscal year 2006

to 2011 of Operation Iraqi Freedom and Operation Enduring

Freedom, or any related military operations in and around Iraq

and Afghanistan, and the estimated costs of reconstruction, internal

security, and related economic support to Iraq and Afghanistan:

Provided, That the President may waive the requirement to submit

this report only if the President certifies in writing to the Congress

that estimates of these future military and economic support costs

cannot be provided for purposes of national security: Provided further, That the report referenced above shall be submitted no later

than January 1, 2005.

SEC. 9013. None of the funds made available in this title

may be used to fund any contract in contravention of section 8(d)(6)

of the Small Business Act (15 U.S.C. 637(d)(6)).

SEC. 9014. The Secretary of Defense may present promotional

materials, including a United States flag, to any member of an

Active or Reserve component under the Secretary’s jurisdiction who,

as determined by the Secretary, participates in Operation Enduring

Freedom or Operation Iraqi Freedom.

SEC. 9015. Amounts appropriated or otherwise made available

in this title are each designated as an emergency requirement

pursuant to section 402 of S. Con. Res. 95 (108th Congress), as

made applicable to the House of Representatives by H. Res. 649

(108th Congress) and applicable to the Senate by section 14007

of this Act.

TITLE X

OTHER MATTERS

CHAPTER 1

DEPARTMENT OF STATE

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

For an additional amount for ‘‘Diplomatic and Consular Programs’’ for costs associated with United States Mission operations,

technological support, logistical support, and necessary security

costs in Iraq, $665,300,000, to remain available until expended.

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

For an additional amount for ‘‘Embassy Security, Construction,

and Maintenance’’ for interim facilities for the United States Mission in Iraq, $20,000,000, to remain available until expended.

Deadline.

Certification.

President.

Reports.

118 STAT. 1010 PUBLIC LAW 108–287—AUG. 5, 2004

GENERAL PROVISIONS, THIS CHAPTER

SEC. 11001. For the purposes of applying sections 204 and

605 of the Departments of Commerce, Justice, and State, the

Judiciary, and Related Agencies Appropriations Act, 2004 (division

B of Public Law 108–199) to matters in title II of such Act under

the heading ‘‘National Institute of Standards and Technology’’ (118

Stat. 69), in the account under the heading ‘‘Industrial Technology

Services’’, the Secretary of Commerce shall make all determinations

based on the Industrial Technology Services funding level of

$218,782,000 for reprogramming and transferring of funds for the

Manufacturing Extension Partnership program and may submit

such a reprogramming or transfer, as the case may be, to the

appropriate committees within 30 days after the date of the enactment of this Act.

SEC. 11002. In addition to amounts otherwise made available

in this Act, $50,000,000, is made available upon enactment for

‘‘Office of Justice Programs—State and Local Law Enforcement

Assistance’’ for discretionary grants under the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs for

reimbursement to State and local law enforcement entities for security and related costs, including overtime, associated with the 2004

Presidential Candidate Nominating Conventions, to remain available until September 30, 2005: Provided, That from funds provided

in this section the Office of Justice Programs shall make grants

in the amount of $25,000,000 to the City of Boston, Massachusetts;

and $25,000,000 to the City of New York, New York.

SEC. 11003. To ensure the continuity of Criminal Justice Act

(CJA) representations by panel attorneys, $26,000,000 is appropriated to the Judiciary, ‘‘Courts of Appeals, District Courts, and

Other Judicial Services, Defender Services’’, to remain available

until expended: Provided, That the entire amount shall become

available upon enactment of this Act: Provided further, That the

amounts made available in this section shall only be used for

CJA panel attorney representations.

SEC. 11004. Authorities contained in sections 402, 407, and

605 of division B of Public Law 108–199 shall also apply to amounts

provided in this title for the Department of State.

CHAPTER 2

BILATERAL ECONOMIC ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

For an additional amount for ‘‘International Disaster and

Famine Assistance’’, $70,000,000, to remain available until

expended: Provided, That funds appropriated by this paragraph

shall be available to respond to the humanitarian crisis in the

Darfur region of Sudan and in Chad.

Applicability.

Grants.

Massachusetts.

New York.

Applicability.

Deadline.

PUBLIC LAW 108–287—AUG. 5, 2004 118 STAT. 1011

DEPARTMENT OF STATE

MIGRATION AND REFUGEE ASSISTANCE

For an additional amount for ‘‘Migration and Refugee Assistance’’, $25,000,000, to remain available until expended: Provided,

That funds appropriated by this paragraph shall be available to

respond to the humanitarian crisis in the Darfur region of Sudan

and in Chad.

GENERAL PROVISIONS, THIS CHAPTER

SEC. 12001. (a)(1) Notwithstanding section 514 of the Foreign

Assistance Act of 1961 (22 U.S.C. 2321h), the President may

transfer to Israel, in exchange for concessions to be negotiated

by the Secretary of Defense, with the concurrence of the Secretary

of State, any or all of the items described in paragraph (2).

(2) The items referred to in paragraph (1) are armor, artillery,

automatic weapons ammunition, missiles, and other munitions

that—

(A) are obsolete or surplus items;

(B) are in the inventory of the Department of Defense;

(C) are intended for use as reserve stocks for Israel; and

(D) as of the date of enactment of this Act, are located

in a stockpile in Israel.

(b) The value of concessions negotiated pursuant to subsection

(a) shall be at least equal to the fair market value of the items

transferred. The concessions may include cash compensation, services, waiver of charges otherwise payable by the United States,

and other items of value.

(c) Not later than 30 days before making a transfer under

the authority of this section, the President shall transmit a notification of the proposed transfer to the Committees on Foreign Relations

and Armed Services of the Senate and the Committees on International Relations and Armed Services of the House of Representatives. The notification shall identify the items to be transferred

and the concessions to be received.

(d) No transfer may be made under the authority of this section

more than 2 years after the date of the enactment of this Act.

SEC. 12002. Section 514(b)(2) of the Foreign Assistance Act

of 1961 (22 U.S.C. 2321h(b)(2)) is amended—

(1) in subparagraph (A), by striking ‘‘for fiscal year 2003’’

and inserting ‘‘for each of fiscal years 2004 and 2005’’; and

(2) in subparagraph (B), by striking ‘‘for fiscal year 2003’’

and inserting ‘‘for a fiscal year’’.

Deadline.

President.

Notification.

118 STAT. 1012 PUBLIC LAW 108–287—AUG. 5, 2004

CHAPTER 3

SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2004

FOR URGENT WILDLAND FIRE SUPPRESSION ACTIVITIES

DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

WILDLAND FIRE MANAGEMENT

For an additional amount for fiscal year 2004 for ‘‘Wildland Fire Management’’, $100,000,000, to remain available until

expended, for urgent wildland fire suppression activities related

to the fiscal year 2004 fire season pursuant to section 312 of

S. Con. Res. 95 (108th Congress): Provided, That such funds are

also available for repayment of advances to other appropriations

accounts from which funds are transferred for such purposes: Provided further, That cost containment measures shall be implemented within this account for fiscal year 2004, and the Secretary

of the Interior shall submit to the Committees on Appropriations

of the Senate and the House of Representatives a report on such

cost containment measures by December 31, 2004.

DEPARTMENT OF AGRICULTURE

FOREST SERVICE

WILDLAND FIRE MANAGEMENT

For an additional amount for fiscal year 2004 for ‘‘Wildland

Fire Management’’, $400,000,000, to remain available until

expended, for urgent wildland fire suppression activities related

to the fiscal year 2004 fire season pursuant to section 312 of

S. Con. Res. 95 (108th Congress): Provided, That such funds are

also available for repayment of advances to other appropriations

accounts from which funds are transferred for such purposes: Provided further, That the Secretary of Agriculture shall establish

an independent cost-control review panel to examine and report

on fire suppression costs for individual wildfire incidents that exceed

$10,000,000 in cost: Provided further, That if the independent

review panel report finds that appropriate actions were not taken

to control suppression costs for one or more such wildfire incidents,

then an amount equal to the aggregate estimated excess costs

of suppressing those wildfire incidents shall be transferred to the

Treasury from unobligated balances remaining at the end of fiscal

year 2004 in the Wildland Fire Management account, if available.

CHAPTER 4

GENERAL PROVISIONS, THIS TITLE

SEC. 14001. Appropriations provided in this title are available

for obligation until September 30, 2005, unless otherwise so provided in this title.

SEC. 14002. Funds in this title are available for obligation

and authorities in this title shall apply upon enactment of this

Act.

Applicability.

Establishment.

Reports.

Reports.

Deadline.

PUBLIC LAW 108–287—AUG. 5, 2004 118 STAT. 1013

SEC. 14003. (a) Public Law 108–199 is amended in division

F, title I, section 110(g) by striking ‘‘Of the’’ and inserting ‘‘Prior

to distributing’’; striking ‘‘each’’ every time it appears and inserting

‘‘the’’; striking ‘‘project’’ every time it appears and inserting

‘‘projects’’.

(b) The limitation under the heading ‘‘Federal-aid Highways

(Limitation on Obligations) (Highway Trust Fund)’’ in Public Law

108–199 is increased by such sums as may be necessary to ensure

that each State receives an amount of obligation authority equal

to what each State would have received under division F, title

I, section 110(a)(6) of Public Law 108–199 but for the amendment

made to division F, title I, section 110(g) of Public Law 108–

199 by subsection (a) of this section: Provided, That such additional

authority shall remain available during fiscal years 2004 and 2005:

Provided further, That for each State receiving an amount of obligation authority greater than what each State would have received

under division F, title I, section 110(a)(6) of Public Law 108–

199 but for the amendment made to division F, title I, section

110(g) of Public Law 108–199 by subsection (a) of this section,

such additional obligation authority shall remain available during

fiscal years 2004 and 2005.

SEC. 14004. (a) RESCISSION.—Upon enactment of this Act, there

is rescinded an amount equal to $795,280 from the amount appropriated to carry out part B of title VII of the Higher Education

Act of 1965, in title III of division E of the Consolidated Appropriations Act, 2004 (Public Law 108–199; 118 Stat. 3). This amount

shall reduce the funds available for the projects specified in the

statement of the managers on the Conference Report 108–401

accompanying the Consolidated Appropriations Act, 2004 (Public

Law 108–199; 118 Stat. 3).

(b) DISREGARD AMOUNT.—In the statement of the managers

on the Conference Report 108–401 accompanying the Consolidated

Appropriations Act, 2004 (Public Law 108–199; 118 Stat. 3), in

the matter in title III of division E, relating to the Fund for

the Improvement of Postsecondary Education under the heading

‘‘Higher Education’’, the provision specifying $800,000 for Wahpeton

State School of Science and North Dakota State University to

recruit, retain and train pharmacy technicians shall be disregarded.

(c) APPROPRIATION.—There is appropriated an amount equal

to $795,280 to the Department of Labor, Employment and Training

Administration for ‘‘Training and Employment Services’’, available

for obligation for the period from July 1, 2004, through June 30,

2005, of which—

(1) $200,000 shall be made available to the North Dakota

State School of Science to recruit, retain, and train pharmacy

technicians;

(2) $297,640 shall be made available to Bismarck State

College for training and education related to its electric power

plant technologies curriculum; and

(3) $297,640 shall be made available for Minot State

University for the Job Corps Fellowship Training Program.

(d) The matter under the heading ‘‘Institute of Museum and

Library Services’’ in title IV of the Departments of Labor, Health

and Human Services, and Education, and Related Agencies Appropriations Act, 2004, (Public Law 108–199, division E) is amended

by striking ‘‘Michigan Space and Science Center, Jackson, Michigan,

Ante, p. 270.

Ante, p. 293.

118 STAT. 1014 PUBLIC LAW 108–287—AUG. 5, 2004

for development of the strategic plan, operational costs and personnel’’ and inserting ‘‘Jackson Intermediate School District, Jackson, Michigan, for equipment and materials for the Math and

Science Resource Library’’.

SEC. 14005. Of the unobligated amounts available for the District of Columbia Public Schools under this heading, $10,600,000

are rescinded immediately upon enactment of this Act. For a Federal

payment to the District of Columbia under this heading,

$10,600,000, available immediately upon enactment of this Act,

to improve public school education in the District of Columbia,

to remain available until September 30, 2005.

SEC. 14006. The numerical limitation contained in section

214(g)(1)(B) of the Immigration and Nationality Act (8 U.S.C.

1184(g)(1)(B)) shall not apply to any nonimmigrant alien issued

a visa or otherwise provided status under section 101(a)(15)(H)(ii)(b)

of such Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) who is employed (or

has received an offer of employment) as a fish roe processor, a

fish roe technician, or a supervisor of fish roe processing.

SEC. 14007. 2005 DISCRETIONARY LIMITS. (a) IN GENERAL.—

For the purposes of section 302(a) of the Congressional Budget

Act of 1974, the allocation of the appropriate levels of budget

totals for the Senate Committee on Appropriations for fiscal year

2005 shall be—

(1) for total discretionary spending—

(A) $821,419,000,000 in total new budget authority;

and

(B) $905,328,000,000 in total budget outlays; and

(2) for mandatory—

(A) $460,008,000,000 in total new budget authority;

and

(B) $445,525,000,000 in total budget outlays;

until a concurrent resolution on the budget for fiscal year 2005

is agreed to by the Senate and the House of Representatives pursuant to section 301 of the Congressional Budget Act of 1974.

(b) ADJUSTMENTS AND LIMITS.—The following limits and adjustments provided in S. Con. Res. 95 (108th Congress) shall apply

to subsection (a):

(1) Sections 311 and 403 for fiscal year 2005.

(2) Sections 312 and 402 which shall apply to both fiscal

years 2004 and 2005.

(c) DEFINITION.—In this section, the term ‘‘total discretionary

spending’’ includes the discretionary category, the mass transit

category, and the highway category.

(d) REPEAL.—Section 504 of H. Con. Res. 95 (108th Congress)

is repealed.

(e) EFFECTIVE DATE.—This section shall take effect on the

date of enactment of this Act.

SEC. 14008. Amounts appropriated or otherwise made available

in chapters 1 and 2 of this title are each designated as an emergency

requirement pursuant to section 402 of S. Con. Res. 95 (108th

Congress), as made applicable to the House of Representatives

by H. Res. 649 (108th Congress) and applicable to the Senate

by section 14007 of this Act.

Applicability.

PUBLIC LAW 108–287—AUG. 5, 2004 118 STAT. 1015

LEGISLATIVE HISTORY—H.R. 4613 (S. 2559):

HOUSE REPORTS: Nos. 108–553 (Comm. on Appropriations) and 108–622 (Comm.

of Conference).

SENATE REPORTS: No. 108–284 accompanying S. 2559 (Comm. on Appropriations).

CONGRESSIONAL RECORD, Vol. 150 (2004):

June 22, considered and passed House.

June 24, considered and passed Senate, amended, in lieu of S. 2559.

July 22, House and Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):

Aug. 5, Presidential remarks.

Æ

This Act may be cited as the ‘‘Department of Defense Appropriations Act, 2005’’.

Approved August 5, 2004.