II 

Calendar No. 593 

108TH CONGRESS 

2D SESSION S. 2559 

Making appropriations for the Department of Defense for the fiscal year 

ending September 30, 2005, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 22, 2004 

Mr. STEVENS, from the Committee on Appropriations, reported the following 

original bill; which was read twice and placed on the calendar 

A BILL 

Making appropriations for the Department of Defense for 

the fiscal year ending September 30, 2005, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2005, for military func6 tions administered by the Department of Defense, and for 

7 other purposes, namely: 
2 

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1 TITLE I 

2 MILITARY PERSONNEL 

3 MILITARY PERSONNEL, ARMY

4 For pay, allowances, individual clothing, subsistence, 

5 interest on deposits, gratuities, permanent change of sta6 tion travel (including all expenses thereof for organiza7 tional movements), and expenses of temporary duty travel 

8 between permanent duty stations, for members of the 

9 Army on active duty, (except members of reserve compo10 nents provided for elsewhere), cadets, and aviation cadets; 

11 and for payments pursuant to section 156 of Public Law 

12 97–377, as amended (42 U.S.C. 402 note), and to the De13 partment of Defense Military Retirement Fund, 

14 $29,457,797,000. 

15 MILITARY PERSONNEL, NAVY

16 For pay, allowances, individual clothing, subsistence, 

17 interest on deposits, gratuities, permanent change of sta18 tion travel (including all expenses thereof for organiza19 tional movements), and expenses of temporary duty travel 

20 between permanent duty stations, for members of the 

21 Navy on active duty (except members of the Reserve pro22 vided for elsewhere), midshipmen, and aviation cadets; and 

23 for payments pursuant to section 156 of Public Law 97– 

24 377, as amended (42 U.S.C. 402 note), and to the Depart-
3 

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1 ment of Defense Military Retirement Fund, 

2 $24,330,171,000. 

3 MILITARY PERSONNEL, MARINE CORPS

4 For pay, allowances, individual clothing, subsistence, 

5 interest on deposits, gratuities, permanent change of sta6 tion travel (including all expenses thereof for organiza7 tional movements), and expenses of temporary duty travel 

8 between permanent duty stations, for members of the Ma9 rine Corps on active duty (except members of the Reserve 

10 provided for elsewhere); and for payments pursuant to sec11 tion 156 of Public Law 97–377, as amended (42 U.S.C. 

12 402 note), and to the Department of Defense Military Re13 tirement Fund, $9,567,768,000. 

14 MILITARY PERSONNEL, AIR FORCE

15 For pay, allowances, individual clothing, subsistence, 

16 interest on deposits, gratuities, permanent change of sta17 tion travel (including all expenses thereof for organiza18 tional movements), and expenses of temporary duty travel 

19 between permanent duty stations, for members of the Air 

20 Force on active duty (except members of reserve compo21 nents provided for elsewhere), cadets, and aviation cadets; 

22 and for payments pursuant to section 156 of Public Law 

23 97–377, as amended (42 U.S.C. 402 note), and to the De24 partment of Defense Military Retirement Fund, 

25 $24,165,011,000. 
4 

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1 RESERVE PERSONNEL, ARMY

2 For pay, allowances, clothing, subsistence, gratuities, 

3 travel, and related expenses for personnel of the Army Re4 serve on active duty under sections 10211, 10302, and 

5 3038 of title 10, United States Code, or while serving on 

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

7 States Code, in connection with performing duty specified 

8 in section 12310(a) of title 10, United States Code, or 

9 while undergoing reserve training, or while performing 

10 drills or equivalent duty or other duty, and for members 

11 of the Reserve Officers’ Training Corps, and expenses au12 thorized by section 16131 of title 10, United States Code; 

13 and for payments to the Department of Defense Military 

14 Retirement Fund, $3,675,390,000. 

15 RESERVE PERSONNEL, NAVY

16 For pay, allowances, clothing, subsistence, gratuities, 

17 travel, and related expenses for personnel of the Navy Re18 serve on active duty under section 10211 of title 10, 

19 United States Code, or while serving on active duty under 

20 section 12301(d) of title 10, United States Code, in con21 nection with performing duty specified in section 12310(a) 

22 of title 10, United States Code, or while undergoing re23 serve training, or while performing drills or equivalent 

24 duty, and for members of the Reserve Officers’ Training 

25 Corps, and expenses authorized by section 16131 of title 
5 

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1 10, United States Code; and for payments to the Depart2 ment of Defense Military Retirement Fund, 

3 $2,132,432,000. 

4 RESERVE PERSONNEL, MARINE CORPS

5 For pay, allowances, clothing, subsistence, gratuities, 

6 travel, and related expenses for personnel of the Marine 

7 Corps Reserve on active duty under section 10211 of title 

8 10, United States Code, or while serving on active duty 

9 under section 12301(d) of title 10, United States Code, 

10 in connection with performing duty specified in section 

11 12310(a) of title 10, United States Code, or while under12 going reserve training, or while performing drills or equiv13 alent duty, and for members of the Marine Corps platoon 

14 leaders class, and expenses authorized by section 16131 

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

16 Department of Defense Military Retirement Fund, 

17 $624,973,000. 

18 RESERVE PERSONNEL, AIR FORCE

19 For pay, allowances, clothing, subsistence, gratuities, 

20 travel, and related expenses for personnel of the Air Force 

21 Reserve on active duty under sections 10211, 10305, and 

22 8038 of title 10, United States Code, or while serving on 

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

24 States Code, in connection with performing duty specified 

25 in section 12310(a) of title 10, United States Code, or 
6 

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1 while undergoing reserve training, or while performing 

2 drills or equivalent duty or other duty, and for members 

3 of the Air Reserve Officers’ Training Corps, and expenses 

4 authorized by section 16131 of title 10, United States 

5 Code; and for payments to the Department of Defense 

6 Military Retirement Fund, $1,458,650,000. 

7 NATIONAL GUARD PERSONNEL, ARMY

8 For pay, allowances, clothing, subsistence, gratuities, 

9 travel, and related expenses for personnel of the Army Na10 tional Guard while on duty under section 10211, 10302, 

11 or 12402 of title 10 or section 708 of title 32, United 

12 States Code, or while serving on duty under section 

13 12301(d) of title 10 or section 502(f) of title 32, United 

14 States Code, in connection with performing duty specified 

15 in section 12310(a) of title 10, United States Code, or 

16 while undergoing training, or while performing drills or 

17 equivalent duty or other duty, and expenses authorized by 

18 section 16131 of title 10, United States Code; and for pay19 ments to the Department of Defense Military Retirement 

20 Fund, $5,913,329,000. 

21 NATIONAL GUARD PERSONNEL, AIR FORCE

22 For pay, allowances, clothing, subsistence, gratuities, 

23 travel, and related expenses for personnel of the Air Na24 tional Guard on duty under section 10211, 10305, or 

25 12402 of title 10 or section 708 of title 32, United States 
7 

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1 Code, or while serving on duty under section 12301(d) of 

2 title 10 or section 502(f) of title 32, United States Code, 

3 in connection with performing duty specified in section 

4 12310(a) of title 10, United States Code, or while under5 going training, or while performing drills or equivalent 

6 duty or other duty, and expenses authorized by section 

7 16131 of title 10, United States Code; and for payments 

8 to the Department of Defense Military Retirement Fund, 

9 $2,543,892,000. 

10 TITLE II 

11 OPERATION AND MAINTENANCE 

12 OPERATION AND MAINTENANCE, ARMY

13 For expenses, not otherwise provided for, necessary 

14 for the operation and maintenance of the Army, as author15 ized by law, $25,705,109,000, to remain available for obli16 gation until September 30, 2006: Provided, That not more 

17 than $11,000,000 may be used for emergency and extraor18 dinary expenses authorized under section 127 of title 10, 

19 United States Code: Provided further, That 

20 $5,096,000,000 may not be obligated before September 

21 30, 2005. 

22 OPERATION AND MAINTENANCE, NAVY

23 For expenses, not otherwise provided for, necessary 

24 for the operation and maintenance of the Navy and Ma25 rine Corps, as authorized by law, $29,591,679,000, to re-
8 

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1 main available for obligation until September 30, 2006: 

2 Provided, That not more than $4,000,000 may be used 

3 for emergency and extraordinary expenses authorized 

4 under section 127 of title 10, United States Code: Pro5 vided further, That $5,918,336,000 may not be obligated 

6 before September 30, 2005. 

7 OPERATION AND MAINTENANCE, MARINE CORPS

8 For expenses, not otherwise provided for, necessary 

9 for the operation and maintenance of the Marine Corps, 

10 as authorized by law, $3,617,473,000: Provided, That not 

11 more than $1,000,000 may be used for emergency and ex12 traordinary expenses authorized under section 127 of title 

13 10, United States Code. 

14 OPERATION AND MAINTENANCE, AIR FORCE

15 For expenses, not otherwise provided for, necessary 

16 for the operation and maintenance of the Air Force, as 

17 authorized by law, $28,282,160,000, to remain available 

18 for obligation until September 30, 2006: Provided, That 

19 not more than $7,000,000 may be used for emergency and 

20 extraordinary expenses authorized under section 127 of 

21 title 10, United States Code: Provided further, That 

22 $5,474,432,000 may not be obligated before September 

23 30, 2005. 
9 

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1 OPERATION AND MAINTENANCE, DEFENSE-WIDE

2 (INCLUDING TRANSFER OF FUNDS)

3 For expenses, not otherwise provided for, necessary 

4 for the operation and maintenance of activities and agen5 cies of the Department of Defense (other than the military 

6 departments), as authorized by law, $17,552,314,000, to 

7 remain available for obligation until September 30, 2006: 

8 Provided, That not more than $25,000,000 may be used 

9 for the Combatant Commander Initiative Fund authorized 

10 under section 166a of title 10, United States Code: Pro11 vided further, That not more than $32,000,000 may be 

12 used for emergency and extraordinary expenses authorized 

13 under section 127 of title 10, United States Code: Pro14 vided further, That none of the funds appropriated or oth15 erwise made available by this Act may be used to plan 

16 or implement the consolidation of a budget or appropria17 tions liaison office of the Office of the Secretary of De18 fense, the office of the Secretary of a military department, 

19 or the service headquarters of one of the Armed Forces 

20 into a legislative affairs or legislative liaison office: Pro21 vided further, That of the funds provided under this head22 ing not less than $28,000,000 shall be made available for 

23 the Procurement Technical Assistance Cooperative Agree24 ment Program, of which not less than $3,600,000 shall 

25 be available for centers defined in 10 U.S.C. 2411(1)(D): 
10 

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1 Provided further, That $4,000,000, to remain available 

2 until expended, is available only for expenses relating to 

3 certain classified activities, and may be transferred as nec4 essary by the Secretary to operation and maintenance ap5 propriations or research, development, test and evaluation 

6 appropriations, to be merged with and to be available for 

7 the same time period as the appropriations to which trans8 ferred: Provided further, That any ceiling on the invest9 ment item unit cost of items that may be purchased with 

10 operation and maintenance funds shall not apply to the 

11 funds described in the preceding proviso: Provided further, 

12 That the transfer authority provided under this heading 

13 is in addition to any other transfer authority provided else14 where in this Act: Provided further, That $3,510,463,000 

15 may not be obligated before September 30, 2004. 

16 OPERATION AND MAINTENANCE, ARMY RESERVE

17 For expenses, not otherwise provided for, necessary 

18 for the operation and maintenance, including training, or19 ganization, and administration, of the Army Reserve; re20 pair of facilities and equipment; hire of passenger motor 

21 vehicles; travel and transportation; care of the dead; re22 cruiting; procurement of services, supplies, and equip23 ment; and communications, $1,979,038,000. 
11 

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1 OPERATION AND MAINTENANCE, NAVY RESERVE

2 For expenses, not otherwise provided for, necessary 

3 for the operation and maintenance, including training, or4 ganization, and administration, of the Navy Reserve; re5 pair of facilities and equipment; hire of passenger motor 

6 vehicles; travel and transportation; care of the dead; re7 cruiting; procurement of services, supplies, and equip8 ment; and communications, $1,244,838,000. 

9 OPERATION AND MAINTENANCE, MARINE CORPS

10 RESERVE

11 For expenses, not otherwise provided for, necessary 

12 for the operation and maintenance, including training, or13 ganization, and administration, of the Marine Corps Re14 serve; repair of facilities and equipment; hire of passenger 

15 motor vehicles; travel and transportation; care of the dead; 

16 recruiting; procurement of services, supplies, and equip17 ment; and communications, $188,696,000. 

18 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

19 For expenses, not otherwise provided for, necessary 

20 for the operation and maintenance, including training, or21 ganization, and administration, of the Air Force Reserve; 

22 repair of facilities and equipment; hire of passenger motor 

23 vehicles; travel and transportation; care of the dead; re24 cruiting; procurement of services, supplies, and equip25 ment; and communications, $2,200,790,000. 
12 

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1 OPERATION AND MAINTENANCE, ARMY NATIONAL

2 GUARD

3 For expenses of training, organizing, and admin4 istering the Army National Guard, including medical and 

5 hospital treatment and related expenses in non-Federal 

6 hospitals; maintenance, operation, and repairs to struc7 tures and facilities; hire of passenger motor vehicles; per8 sonnel services in the National Guard Bureau; travel ex9 penses (other than mileage), as authorized by law for 

10 Army personnel on active duty, for Army National Guard 

11 division, regimental, and battalion commanders while in12 specting units in compliance with National Guard Bureau 

13 regulations when specifically authorized by the Chief, Na14 tional Guard Bureau; supplying and equipping the Army 

15 National Guard as authorized by law; and expenses of re16 pair, modification, maintenance, and issue of supplies and 

17 equipment (including aircraft), $4,372,436,000. 

18 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

19 For operation and maintenance of the Air National 

20 Guard, including medical and hospital treatment and re21 lated expenses in non-Federal hospitals; maintenance, op22 eration, repair, and other necessary expenses of facilities 

23 for the training and administration of the Air National 

24 Guard, including repair of facilities, maintenance, oper25 ation, and modification of aircraft; transportation of 
13 

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1 things, hire of passenger motor vehicles; supplies, mate2 rials, and equipment, as authorized by law for the Air Na3 tional Guard; and expenses incident to the maintenance 

4 and use of supplies, materials, and equipment, including 

5 such as may be furnished from stocks under the control 

6 of agencies of the Department of Defense; travel expenses 

7 (other than mileage) on the same basis as authorized by 

8 law for Air National Guard personnel on active Federal 

9 duty, for Air National Guard commanders while inspecting 

10 units in compliance with National Guard Bureau regula11 tions when specifically authorized by the Chief, National 

12 Guard Bureau, $4,454,238,000. 

13 OVERSEAS CONTINGENCY OPERATIONS TRANSFER

14 ACCOUNT

15 (INCLUDING TRANSFER OF FUNDS)

16 For expenses directly relating to Overseas Contin17 gency Operations by United States military forces, 

18 $30,000,000, to remain available until expended: Pro19 vided, That the Secretary of Defense may transfer these 

20 funds only to military personnel accounts; operation and 

21 maintenance accounts within this title; the Defense Health 

22 Program appropriation; procurement accounts; research, 

23 development, test and evaluation accounts; and to working 

24 capital funds: Provided further, That the funds transferred 

25 shall be merged with and shall be available for the same 
14 

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1 purposes and for the same time period, as the appropria2 tion to which transferred: Provided further, That upon a 

3 determination that all or part of the funds transferred 

4 from this appropriation are not necessary for the purposes 

5 provided herein, such amounts may be transferred back 

6 to this appropriation: Provided further, That the transfer 

7 authority provided in this paragraph is in addition to any 

8 other transfer authority contained elsewhere in this Act. 

9 UNITED STATES COURT OF APPEALS FOR THE ARMED

10 FORCES

11 For salaries and expenses necessary for the United 

12 States Court of Appeals for the Armed Forces, 

13 $10,825,000: Provided, That not more than $5,000 may 

14 be used for emergency and extraordinary expenses author15 ized under section 127 of title 10, United States Code. 

16 ENVIRONMENTAL RESTORATION, ARMY

17 (INCLUDING TRANSFER OF FUNDS)

18 For the Department of the Army, $566,948,000, to 

19 remain available until transferred: Provided, That the Sec20 retary of the Army shall, upon determining that such 

21 funds are required for environmental restoration, reduc22 tion and recycling of hazardous waste, removal of unsafe 

23 buildings and debris of the Department of the Army, or 

24 for similar purposes, transfer the funds made available by 

25 this appropriation to other appropriations made available 
15 

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1 to the Department of the Army, to be merged with and 

2 to be available for the same purposes and for the same 

3 time period as the appropriations to which transferred: 

4 Provided further, That upon a determination that all or 

5 part of the funds transferred from this appropriation are 

6 not necessary for the purposes provided herein, such 

7 amounts may be transferred back to this appropriation. 

8 ENVIRONMENTAL RESTORATION, NAVY

9 (INCLUDING TRANSFER OF FUNDS)

10 For the Department of the Navy, $447,820,000, to 

11 remain available until transferred: Provided, That the Sec12 retary of the Navy shall, upon determining that such 

13 funds are required for environmental restoration, reduc14 tion and recycling of hazardous waste, removal of unsafe 

15 buildings and debris of the Department of the Navy, or 

16 for similar purposes, transfer the funds made available by 

17 this appropriation to other appropriations made available 

18 to the Department of the Navy, to be merged with and 

19 to be available for the same purposes and for the same 

20 time period as the appropriations to which transferred: 

21 Provided further, That upon a determination that all or 

22 part of the funds transferred from this appropriation are 

23 not necessary for the purposes provided herein, such 

24 amounts may be transferred back to this appropriation. 
16 

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1 ENVIRONMENTAL RESTORATION, AIR FORCE

2 (INCLUDING TRANSFER OF FUNDS)

3 For the Department of the Air Force, $397,368,000, 

4 to remain available until transferred: Provided, That the 

5 Secretary of the Air Force shall, upon determining that 

6 such funds are required for environmental restoration, re7 duction and recycling of hazardous waste, removal of un8 safe buildings and debris of the Department of the Air 

9 Force, or for similar purposes, transfer the funds made 

10 available by this appropriation to other appropriations 

11 made available to the Department of the Air Force, to be 

12 merged with and to be available for the same purposes 

13 and for the same time period as the appropriations to 

14 which transferred: Provided further, That upon a deter15 mination that all or part of the funds transferred from 

16 this appropriation are not necessary for the purposes pro17 vided herein, such amounts may be transferred back to 

18 this appropriation. 

19 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

20 (INCLUDING TRANSFER OF FUNDS)

21 For the Department of Defense, $23,684,000, to re22 main available until transferred: Provided, That the Sec23 retary of Defense shall, upon determining that such funds 

24 are required for environmental restoration, reduction and 

25 recycling of hazardous waste, removal of unsafe buildings 
17 

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1 and debris of the Department of Defense, or for similar 

2 purposes, transfer the funds made available by this appro3 priation to other appropriations made available to the De4 partment of Defense, to be merged with and to be avail5 able for the same purposes and for the same time period 

6 as the appropriations to which transferred: Provided fur7 ther, That upon a determination that all or part of the 

8 funds transferred from this appropriation are not nec9 essary for the purposes provided herein, such amounts 

10 may be transferred back to this appropriation. 

11 ENVIRONMENTAL RESTORATION, FORMERLY USED

12 DEFENSE SITES

13 (INCLUDING TRANSFER OF FUNDS)

14 For the Department of the Army, $276,516,000, to 

15 remain available until transferred: Provided, That the Sec16 retary of the Army shall, upon determining that such 

17 funds are required for environmental restoration, reduc18 tion and recycling of hazardous waste, removal of unsafe 

19 buildings and debris at sites formerly used by the Depart20 ment of Defense, transfer the funds made available by this 

21 appropriation to other appropriations made available to 

22 the Department of the Army, to be merged with and to 

23 be available for the same purposes and for the same time 

24 period as the appropriations to which transferred: Pro25 vided further, That upon a determination that all or part 
18 

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1 of the funds transferred from this appropriation are not 

2 necessary for the purposes provided herein, such amounts 

3 may be transferred back to this appropriation. 

4 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

5 For expenses relating to the Overseas Humanitarian, 

6 Disaster, and Civic Aid programs of the Department of 

7 Defense (consisting of the programs provided under sec8 tions 401, 402, 404, 2557, and 2561 of title 10, United 

9 States Code), $59,000,000, to remain available until Sep10 tember 30, 2006. 

11 FORMER SOVIET UNION THREAT REDUCTION

12 For assistance to the republics of the former Soviet 

13 Union, including assistance provided by contract or by 

14 grants, for facilitating the elimination and the safe and 

15 secure transportation and storage of nuclear, chemical and 

16 other weapons; for establishing programs to prevent the 

17 proliferation of weapons, weapons components, and weap18 on-related technology and expertise; for programs relating 

19 to the training and support of defense and military per20 sonnel for demilitarization and protection of weapons, 

21 weapons components and weapons technology and exper22 tise, and for defense and military contacts, $409,200,000, 

23 to remain available until September 30, 2007: Provided, 

24 That of the amounts provided under this heading, 

25 $15,000,000 shall be available only to support the disman-
19 

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1 tling and disposal of nuclear submarines, submarine reac2 tor components, and security enhancements for transport 

3 and storage of nuclear warheads in the Russian Far East. 

4 TITLE III 

5 PROCUREMENT 

6 AIRCRAFT PROCUREMENT, ARMY

7 For construction, procurement, production, modifica8 tion, and modernization of aircraft, equipment, including 

9 ordnance, ground handling equipment, spare parts, and 

10 accessories therefor; specialized equipment and training 

11 devices; expansion of public and private plants, including 

12 the land necessary therefor, for the foregoing purposes, 

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

14 and construction prosecuted thereon prior to approval of 

15 title; and procurement and installation of equipment, ap16 pliances, and machine tools in public and private plants; 

17 reserve plant and Government and contractor-owned 

18 equipment layaway; and other expenses necessary for the 

19 foregoing purposes, $2,653,241,000, to remain available 

20 for obligation until September 30, 2007. 

21 MISSILE PROCUREMENT, ARMY

22 For construction, procurement, production, modifica23 tion, and modernization of missiles, equipment, including 

24 ordnance, ground handling equipment, spare parts, and 

25 accessories therefor; specialized equipment and training 
20 

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1 devices; expansion of public and private plants, including 

2 the land necessary therefor, for the foregoing purposes, 

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

4 and construction prosecuted thereon prior to approval of 

5 title; and procurement and installation of equipment, ap6 pliances, and machine tools in public and private plants; 

7 reserve plant and Government and contractor-owned 

8 equipment layaway; and other expenses necessary for the 

9 foregoing purposes, $1,378,321,000, to remain available 

10 for obligation until September 30, 2007. 

11 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

12 VEHICLES, ARMY

13 For construction, procurement, production, and 

14 modification of weapons and tracked combat vehicles, 

15 equipment, including ordnance, spare parts, and acces16 sories therefor; specialized equipment and training devices; 

17 expansion of public and private plants, including the land 

18 necessary therefor, for the foregoing purposes, and such 

19 lands and interests therein, may be acquired, and con20 struction prosecuted thereon prior to approval of title; and 

21 procurement and installation of equipment, appliances, 

22 and machine tools in public and private plants; reserve 

23 plant and Government and contractor-owned equipment 

24 layaway; and other expenses necessary for the foregoing 
21 

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1 purposes, $1,698,695,000, to remain available for obliga2 tion until September 30, 2007. 

3 PROCUREMENT OF AMMUNITION, ARMY

4 For construction, procurement, production, and 

5 modification of ammunition, and accessories therefor; spe6 cialized equipment and training devices; expansion of pub7 lic and private plants, including ammunition facilities au8 thorized by section 2854 of title 10, United States Code, 

9 and the land necessary therefor, for the foregoing pur10 poses, and such lands and interests therein, may be ac11 quired, and construction prosecuted thereon prior to ap12 proval of title; and procurement and installation of equip13 ment, appliances, and machine tools in public and private 

14 plants; reserve plant and Government and contractor15 owned equipment layaway; and other expenses necessary 

16 for the foregoing purposes, $1,606,502,000, to remain 

17 available for obligation until September 30, 2007. 

18 OTHER PROCUREMENT, ARMY

19 For construction, procurement, production, and 

20 modification of vehicles, including tactical, support, and 

21 non-tracked combat vehicles; the purchase of passenger 

22 motor vehicles for replacement only; and the purchase of 

23 1 vehicle required for physical security of personnel, not24 withstanding price limitations applicable to passenger ve25 hicles but not to exceed $200,000 per vehicle; communica-
22 

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1 tions and electronic equipment; other support equipment; 

2 spare parts, ordnance, and accessories therefor; specialized 

3 equipment and training devices; expansion of public and 

4 private plants, including the land necessary therefor, for 

5 the foregoing purposes, and such lands and interests 

6 therein, may be acquired, and construction prosecuted 

7 thereon prior to approval of title; and procurement and 

8 installation of equipment, appliances, and machine tools 

9 in public and private plants; reserve plant and Govern10 ment and contractor-owned equipment layaway; and other 

11 expenses necessary for the foregoing purposes, 

12 $4,685,846,000, to remain available for obligation until 

13 September 30, 2007. 

14 AIRCRAFT PROCUREMENT, NAVY

15 For construction, procurement, production, modifica16 tion, and modernization of aircraft, equipment, including 

17 ordnance, spare parts, and accessories therefor; specialized 

18 equipment; expansion of public and private plants, includ19 ing the land necessary therefor, and such lands and inter20 ests therein, may be acquired, and construction prosecuted 

21 thereon prior to approval of title; and procurement and 

22 installation of equipment, appliances, and machine tools 

23 in public and private plants; reserve plant and Govern24 ment and contractor-owned equipment layaway, 
23 

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1 $8,899,367,000, to remain available for obligation until 

2 September 30, 2007. 

3 WEAPONS PROCUREMENT, NAVY

4 For construction, procurement, production, modifica5 tion, and modernization of missiles, torpedoes, other weap6 ons, and related support equipment including spare parts, 

7 and accessories therefor; expansion of public and private 

8 plants, including the land necessary therefor, and such 

9 lands and interests therein, may be acquired, and con10 struction prosecuted thereon prior to approval of title; and 

11 procurement and installation of equipment, appliances, 

12 and machine tools in public and private plants; reserve 

13 plant and Government and contractor-owned equipment 

14 layaway, $2,222,620,000, to remain available for obliga15 tion until September 30, 2007. 

16 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

17 CORPS

18 For construction, procurement, production, and 

19 modification of ammunition, and accessories therefor; spe20 cialized equipment and training devices; expansion of pub21 lic and private plants, including ammunition facilities au22 thorized by section 2854 of title 10, United States Code, 

23 and the land necessary therefor, for the foregoing pur24 poses, and such lands and interests therein, may be ac25 quired, and construction prosecuted thereon prior to ap-
24 

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1 proval of title; and procurement and installation of equip2 ment, appliances, and machine tools in public and private 

3 plants; reserve plant and Government and contractor4 owned equipment layaway; and other expenses necessary 

5 for the foregoing purposes, $881,140,000, to remain avail6 able for obligation until September 30, 2007. 

7 SHIPBUILDING AND CONVERSION, NAVY

8 For expenses necessary for the construction, acquisi9 tion, or conversion of vessels as authorized by law, includ10 ing armor and armament thereof, plant equipment, appli11 ances, and machine tools and installation thereof in public 

12 and private plants; reserve plant and Government and con13 tractor-owned equipment layaway; procurement of critical, 

14 long leadtime components and designs for vessels to be 

15 constructed or converted in the future; and expansion of 

16 public and private plants, including land necessary there17 for, and such lands and interests therein, may be acquired, 

18 and construction prosecuted thereon prior to approval of 

19 title, as follows: 

20 Carrier Replacement Program (AP), 

21 $485,184,000; 

22 NSSN, $1,581,143,000; 

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

24 SSGN, $469,226,000; 

25 SSGN (AP), $48,000,000; 
25 

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1 CVN Refuelings (AP), $223,061,000; 

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

3 SSBN Submarine Refuelings, $262,229,000; 

4 SSBN Submarine Refuelings (AP), 

5 $72,171,000; 

6 DDG–51 Destroyer, $3,444,950,000; 

7 DD(X) (AP), $320,516,000; 

8 LPD–17, $966,559,000; 

9 LHD–8, $236,018,000; 

10 LHA–R (AP), $175,000,000; 

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

12 LCAC Landing Craft Air Cushion, 

13 $90,490,000; 

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

15 Service Craft, $32,099,000; and 

16 For outfitting, post delivery, conversions, and 

17 first destination transportation, $349,327,000. 

18 In all: $10,171,643,000, to remain available for obli19 gation until September 30, 2009: Provided, That addi20 tional obligations may be incurred after September 30, 

21 2009, for engineering services, tests, evaluations, and 

22 other such budgeted work that must be performed in the 

23 final stage of ship construction: Provided further, That 

24 none of the funds provided under this heading for the con25 struction or conversion of any naval vessel to be con-
26 

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1 structed in shipyards in the United States shall be ex2 pended in foreign facilities for the construction of major 

3 components of such vessel: Provided further, That none of 

4 the funds provided under this heading shall be used for 

5 the construction of any naval vessel in foreign shipyards. 

6 OTHER PROCUREMENT, NAVY

7 For procurement, production, and modernization of 

8 support equipment and materials not otherwise provided 

9 for, Navy ordnance (except ordnance for new aircraft, new 

10 ships, and ships authorized for conversion); the purchase 

11 of passenger motor vehicles for replacement only, and the 

12 purchase of 9 vehicles required for physical security of 

13 personnel, notwithstanding price limitations applicable to 

14 passenger vehicles but not to exceed $200,000 per vehicle; 

15 expansion of public and private plants, including the land 

16 necessary therefor, and such lands and interests therein, 

17 may be acquired, and construction prosecuted thereon 

18 prior to approval of title; and procurement and installation 

19 of equipment, appliances, and machine tools in public and 

20 private plants; reserve plant and Government and con21 tractor-owned equipment layaway, $4,797,025,000, to re22 main available for obligation until September 30, 2007. 

23 PROCUREMENT, MARINE CORPS

24 For expenses necessary for the procurement, manu25 facture, and modification of missiles, armament, military 
27 

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1 equipment, spare parts, and accessories therefor; plant 

2 equipment, appliances, and machine tools, and installation 

3 thereof in public and private plants; reserve plant and 

4 Government and contractor-owned equipment layaway; ve5 hicles for the Marine Corps, including the purchase of pas6 senger motor vehicles for replacement only; and expansion 

7 of public and private plants, including land necessary 

8 therefor, and such lands and interests therein, may be ac9 quired, and construction prosecuted thereon prior to ap10 proval of title, $1,266,803,000, to remain available for ob11 ligation until September 30, 2007. 

12 AIRCRAFT PROCUREMENT, AIR FORCE

13 For construction, procurement, and modification of 

14 aircraft and equipment, including armor and armament, 

15 specialized ground handling equipment, and training de16 vices, spare parts, and accessories therefor; specialized 

17 equipment; expansion of public and private plants, Gov18 ernment-owned equipment and installation thereof in such 

19 plants, erection of structures, and acquisition of land, for 

20 the foregoing purposes, and such lands and interests 

21 therein, may be acquired, and construction prosecuted 

22 thereon prior to approval of title; reserve plant and Gov23 ernment and contractor-owned equipment layaway; and 

24 other expenses necessary for the foregoing purposes in25 cluding rents and transportation of things, 
28 

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1 $13,547,524,000, to remain available for obligation until 

2 September 30, 2007. 

3 MISSILE PROCUREMENT, AIR FORCE

4 For construction, procurement, and modification of 

5 missiles, spacecraft, rockets, and related equipment, in6 cluding spare parts and accessories therefor, ground han7 dling equipment, and training devices; expansion of public 

8 and private plants, Government-owned equipment and in9 stallation thereof in such plants, erection of structures, 

10 and acquisition of land, for the foregoing purposes, and 

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

12 construction prosecuted thereon prior to approval of title; 

13 reserve plant and Government and contractor-owned 

14 equipment layaway; and other expenses necessary for the 

15 foregoing purposes including rents and transportation of 

16 things, $4,609,213,000, to remain available for obligation 

17 until September 30, 2007. 

18 PROCUREMENT OF AMMUNITION, AIR FORCE

19 For construction, procurement, production, and 

20 modification of ammunition, and accessories therefor; spe21 cialized equipment and training devices; expansion of pub22 lic and private plants, including ammunition facilities au23 thorized by section 2854 of title 10, United States Code, 

24 and the land necessary therefor, for the foregoing pur25 poses, and such lands and interests therein, may be ac-
29 

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1 quired, and construction prosecuted thereon prior to ap2 proval of title; and procurement and installation of equip3 ment, appliances, and machine tools in public and private 

4 plants; reserve plant and Government and contractor5 owned equipment layaway; and other expenses necessary 

6 for the foregoing purposes, $1,353,859,000, to remain 

7 available for obligation until September 30, 2007. 

8 OTHER PROCUREMENT, AIR FORCE

9 For procurement and modification of equipment (in10 cluding ground guidance and electronic control equipment, 

11 and ground electronic and communication equipment), 

12 and supplies, materials, and spare parts therefor, not oth13 erwise provided for; the purchase of passenger motor vehi14 cles for replacement only, and the purchase of 1 vehicle 

15 required for physical security of personnel, notwith16 standing price limitations applicable to passenger vehicles 

17 but not to exceed $200,000 per vehicle; lease of passenger 

18 motor vehicles; and expansion of public and private plants, 

19 Government-owned equipment and installation thereof in 

20 such plants, erection of structures, and acquisition of land, 

21 for the foregoing purposes, and such lands and interests 

22 therein, may be acquired, and construction prosecuted 

23 thereon, prior to approval of title; reserve plant and Gov24 ernment and contractor-owned equipment layaway, 
30 

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1 $13,284,897,000, to remain available for obligation until 

2 September 30, 2007. 

3 PROCUREMENT, DEFENSE-WIDE

4 For expenses of activities and agencies of the Depart5 ment of Defense (other than the military departments) 

6 necessary for procurement, production, and modification 

7 of equipment, supplies, materials, and spare parts there8 for, not otherwise provided for; the purchase of passenger 

9 motor vehicles for replacement only; expansion of public 

10 and private plants, equipment, and installation thereof in 

11 such plants, erection of structures, and acquisition of land 

12 for the foregoing purposes, and such lands and interests 

13 therein, may be acquired, and construction prosecuted 

14 thereon prior to approval of title; reserve plant and Gov15 ernment and contractor-owned equipment layaway, 

16 $2,867,303,000, to remain available for obligation until 

17 September 30, 2007. 

18 NATIONAL GUARD AND RESERVE EQUIPMENT

19 For procurement of aircraft, missiles, tracked combat 

20 vehicles, ammunition, other weapons, and other procure21 ment for the reserve components of the Armed Forces, 

22 $500,000,000, to remain available for obligation until Sep23 tember 30, 2007: Provided, That the Chiefs of the Reserve 

24 and National Guard components shall, not later than 30 

25 days after the enactment of this Act, individually submit 
31 

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1 to the congressional defense committees the modernization 

2 priority assessment for their respective Reserve or Na3 tional Guard component. 

4 DEFENSE PRODUCTION ACT PURCHASES

5 For activities by the Department of Defense pursuant 

6 to sections 108, 301, 302, and 303 of the Defense Produc7 tion Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 

8 2093), $42,515,000, to remain available until expended. 

9 TITLE IV 

10 RESEARCH, DEVELOPMENT, TEST AND 

11 EVALUATION 

12 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

13 ARMY

14 For expenses necessary for basic and applied sci15 entific research, development, test and evaluation, includ16 ing maintenance, rehabilitation, lease, and operation of fa17 cilities and equipment, $10,308,804,000, to remain avail18 able for obligation until September 30, 2006. 

19 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

20 NAVY

21 For expenses necessary for basic and applied sci22 entific research, development, test and evaluation, includ23 ing maintenance, rehabilitation, lease, and operation of fa24 cilities and equipment, $16,748,035,000, to remain avail25 able for obligation until September 30, 2006: Provided, 
32 

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1 That funds appropriated in this paragraph which are 

2 available for the V–22 may be used to meet unique oper3 ational requirements of the Special Operations Forces: 

4 Provided further, That funds appropriated in this para5 graph shall be available for the Cobra Judy program. 

6 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

7 AIR FORCE

8 For expenses necessary for basic and applied sci9 entific research, development, test and evaluation, includ10 ing maintenance, rehabilitation, lease, and operation of fa11 cilities and equipment, $21,002,308,000, to remain avail12 able for obligation until September 30, 2006. 

13 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

14 DEFENSE-WIDE

15 For expenses of activities and agencies of the Depart16 ment of Defense (other than the military departments), 

17 necessary for basic and applied scientific research, devel18 opment, test and evaluation; advanced research projects 

19 as may be designated and determined by the Secretary 

20 of Defense, pursuant to law; maintenance, rehabilitation, 

21 lease, and operation of facilities and equipment, 

22 $20,404,563,000, to remain available for obligation until 

23 September 30, 2006. 
33 

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1 OPERATIONAL TEST AND EVALUATION, DEFENSE

2 For expenses, not otherwise provided for, necessary 

3 for the independent activities of the Director, Operational 

4 Test and Evaluation, in the direction and supervision of 

5 operational test and evaluation, including initial oper6 ational test and evaluation which is conducted prior to, 

7 and in support of, production decisions; joint operational 

8 testing and evaluation; and administrative expenses in 

9 connection therewith, $305,135,000, to remain available 

10 for obligation until September 30, 2006. 

11 TITLE V 

12 REVOLVING AND MANAGEMENT FUNDS 

13 DEFENSE WORKING CAPITAL FUNDS

14 For the Defense Working Capital Funds, 

15 $1,685,886,000. 

16 NATIONAL DEFENSE SEALIFT FUND

17 For National Defense Sealift Fund programs, 

18 projects, and activities, and for expenses of the National 

19 Defense Reserve Fleet, as established by section 11 of the 

20 Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744), 

21 and for the necessary expenses to maintain and preserve 

22 a U.S.-flag merchant fleet to serve the national security 

23 needs of the United States, $441,936,000, to remain avail24 able until expended: Provided, That none of the funds pro25 vided in this paragraph shall be used to award a new con-
34 

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1 tract that provides for the acquisition of any of the fol2 lowing major components unless such components are 

3 manufactured in the United States: auxiliary equipment, 

4 including pumps, for all shipboard services; propulsion 

5 system components (that is; engines, reduction gears, and 

6 propellers); shipboard cranes; and spreaders for shipboard 

7 cranes: Provided further, That the exercise of an option 

8 in a contract awarded through the obligation of previously 

9 appropriated funds shall not be considered to be the award 

10 of a new contract: Provided further, That the Secretary 

11 of the military department responsible for such procure12 ment may waive the restrictions in the first proviso on 

13 a case-by-case basis by certifying in writing to the Com14 mittees on Appropriations of the House of Representatives 

15 and the Senate that adequate domestic supplies are not 

16 available to meet Department of Defense requirements on 

17 a timely basis and that such an acquisition must be made 

18 in order to acquire capability for national security pur19 poses. 

20 TITLE VI 

21 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

22 DEFENSE HEALTH PROGRAM

23 For expenses, not otherwise provided for, for medical 

24 and health care programs of the Department of Defense, 

25 as authorized by law, $18,064,811,000, of which 
35 

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1 $17,299,369,000 shall be for Operation and maintenance, 

2 of which not to exceed 2 percent shall remain available 

3 until September 30, 2006, and of which up to 

4 $8,953,494,000 may be available for contracts entered 

5 into under the TRICARE program; of which 

6 $366,235,000, to remain available for obligation until Sep7 tember 30, 2007, shall be for Procurement; and of which 

8 $399,207,000, to remain available for obligation until Sep9 tember 30, 2006, shall be for Research, development, test 

10 and evaluation. 

11 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

12 ARMY

13 For expenses, not otherwise provided for, necessary 

14 for the destruction of the United States stockpile of lethal 

15 chemical agents and munitions in accordance with the pro16 visions of section 1412 of the Department of Defense Au17 thorization Act, 1986 (50 U.S.C. 1521), and for the de18 struction of other chemical warfare materials that are not 

19 in the chemical weapon stockpile, $1,373,990,000, of 

20 which $1,088,801,000 shall be for Operation and mainte21 nance; $78,980,000 shall be for Procurement to remain 

22 available until September 30, 2007; $206,209,000 shall be 

23 for Research, development, test and evaluation to remain 

24 available until September 30, 2006; and no less than 

25 $137,404,000 may be for the Chemical Stockpile Emer-
36 

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1 gency Preparedness Program, of which $44,631,000 shall 

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

3 shall be to assist State and local governments. 

4 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

5 DEFENSE

6 (INCLUDING TRANSFER OF FUNDS)

7 For drug interdiction and counter-drug activities of 

8 the Department of Defense, for transfer to appropriations 

9 available to the Department of Defense for military per10 sonnel of the reserve components serving under the provi11 sions of title 10 and title 32, United States Code; for Op12 eration and maintenance; for Procurement; and for Re13 search, development, test and evaluation, $908,797,000: 

14 Provided, That the funds appropriated under this heading 

15 shall be available for obligation for the same time period 

16 and for the same purpose as the appropriation to which 

17 transferred: Provided further, That upon a determination 

18 that all or part of the funds transferred from this appro19 priation are not necessary for the purposes provided here20 in, such amounts may be transferred back to this appro21 priation: Provided further, That the transfer authority pro22 vided under this heading is in addition to any other trans23 fer authority contained elsewhere in this Act. 
37 

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1 OFFICE OF THE INSPECTOR GENERAL

2 For expenses and activities of the Office of the In3 spector General in carrying out the provisions of the In4 spector General Act of 1978, as amended, $244,562,000, 

5 of which $242,362,000 shall be for Operation and mainte6 nance, of which not more than $700,000 may be used for 

7 emergency and extraordinary expenses authorized under 

8 section 127 of title 10, United States Code; and of which 

9 $2,100,000, to remain available until September 30, 2007, 

10 shall be for Procurement; and of which $100,000, to re11 main available until September 30, 2006, shall be for Re12 search, development, test and evaluation. 

13 TITLE VII 

14 RELATED AGENCIES 

15 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

16 DISABILITY SYSTEM FUND

17 For payment to the Central Intelligence Agency Re18 tirement and Disability System Fund, to maintain the 

19 proper funding level for continuing the operation of the 

20 Central Intelligence Agency Retirement and Disability 

21 System, $239,400,000. 

22 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

23 (INCLUDING TRANSFER OF FUNDS)

24 For necessary expenses of the Intelligence Commu25 nity Management Account, $319,355,000, of which 
38 

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1 $26,953,000 for the Advanced Research and Development 

2 Committee shall remain available until September 30, 

3 2006: Provided, That of the funds appropriated under this 

4 heading, $34,911,000 shall be transferred to the Depart5 ment of Justice for the National Drug Intelligence Center 

6 to support the Department of Defense’s counter-drug in7 telligence responsibilities, and of the said amount, 

8 $1,500,000 for Procurement shall remain available until 

9 September 30, 2007 and $1,000,000 for Research, devel10 opment, test and evaluation shall remain available until 

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

12 Drug Intelligence Center shall maintain the personnel and 

13 technical resources to provide timely support to law en14 forcement authorities and the intelligence community by 

15 conducting document and computer exploitation of mate16 rials collected in Federal, State, and local law enforcement 

17 activity associated with counter-drug, counter-terrorism, 

18 and national security investigations and operations. 

19 NATIONAL SECURITY EDUCATION TRUST FUND

20 For the purposes of title VIII of Public Law 102– 

21 183, $8,000,000, to be derived from the National Security 

22 Education Trust Fund, to remain available until ex23 pended. 
39 

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1 TITLE VIII 

2 GENERAL PROVISIONS 

3 SEC. 8001. No part of any appropriation contained 

4 in this Act shall be used for publicity or propaganda pur5 poses not authorized by the Congress. 

6 SEC. 8002. During the current fiscal year, provisions 

7 of law prohibiting the payment of compensation to, or em8 ployment of, any person not a citizen of the United States 

9 shall not apply to personnel of the Department of Defense: 

10 Provided, That salary increases granted to direct and indi11 rect hire foreign national employees of the Department of 

12 Defense funded by this Act shall not be at a rate in excess 

13 of the percentage increase authorized by law for civilian 

14 employees of the Department of Defense whose pay is 

15 computed under the provisions of section 5332 of title 5, 

16 United States Code, or at a rate in excess of the percent17 age increase provided by the appropriate host nation to 

18 its own employees, whichever is higher: Provided further, 

19 That this section shall not apply to Department of De20 fense foreign service national employees serving at United 

21 States diplomatic missions whose pay is set by the Depart22 ment of State under the Foreign Service Act of 1980: Pro23 vided further, That the limitations of this provision shall 

24 not apply to foreign national employees of the Department 

25 of Defense in the Republic of Turkey. 
40 

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1 SEC. 8003. No part of any appropriation contained 

2 in this Act shall remain available for obligation beyond 

3 the current fiscal year, unless expressly so provided herein. 

4 SEC. 8004. No more than 20 percent of the appro5 priations in this Act which are limited for obligation dur6 ing the current fiscal year shall be obligated during the 

7 last 2 months of the fiscal year: Provided, That this sec8 tion shall not apply to obligations for support of active 

9 duty training of reserve components or summer camp 

10 training of the Reserve Officers’ Training Corps. 

11 (TRANSFER OF FUNDS)

12 SEC. 8005. Upon determination by the Secretary of 

13 Defense that such action is necessary in the national inter14 est, he may, with the approval of the Office of Manage15 ment and Budget, transfer not to exceed $4,000,000,000 

16 of working capital funds of the Department of Defense 

17 or funds made available in this Act to the Department 

18 of Defense for military functions (except military con19 struction) between such appropriations or funds or any 

20 subdivision thereof, to be merged with and to be available 

21 for the same purposes, and for the same time period, as 

22 the appropriation or fund to which transferred: Provided, 

23 That such authority to transfer may not be used unless 

24 for higher priority items, based on unforeseen military re25 quirements, than those for which originally appropriated 

26 and in no case where the item for which funds are re-
41 

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1 quested has been denied by the Congress: Provided further, 

2 That the Secretary of Defense shall notify the Congress 

3 promptly of all transfers made pursuant to this authority 

4 or any other authority in this Act: Provided further, That 

5 no part of the funds in this Act shall be available to pre6 pare or present a request to the Committees on Appropria7 tions for reprogramming of funds, unless for higher pri8 ority items, based on unforeseen military requirements, 

9 than those for which originally appropriated and in no 

10 case where the item for which reprogramming is requested 

11 has been denied by the Congress: Provided further, That 

12 a request for multiple reprogrammings of funds using au13 thority provided in this section must be made prior to 

14 June 30, 2005. 

15 (TRANSFER OF FUNDS)

16 SEC. 8006. During the current fiscal year, cash bal17 ances in working capital funds of the Department of De18 fense established pursuant to section 2208 of title 10, 

19 United States Code, may be maintained in only such 

20 amounts as are necessary at any time for cash disburse21 ments to be made from such funds: Provided, That trans22 fers may be made between such funds: Provided further, 

23 That transfers may be made between working capital 

24 funds and the ‘‘Foreign Currency Fluctuations, Defense’’ 

25 appropriation and the ‘‘Operation and Maintenance’’ ap26 propriation accounts in such amounts as may be deter-
42 

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1 mined by the Secretary of Defense, with the approval of 

2 the Office of Management and Budget, except that such 

3 transfers may not be made unless the Secretary of Defense 

4 has notified the Congress of the proposed transfer. Except 

5 in amounts equal to the amounts appropriated to working 

6 capital funds in this Act, no obligations may be made 

7 against a working capital fund to procure or increase the 

8 value of war reserve material inventory, unless the Sec9 retary of Defense has notified the Congress prior to any 

10 such obligation. 

11 SEC. 8007. Funds appropriated by this Act may not 

12 be used to initiate a special access program without prior 

13 notification 30 calendar days in session in advance to the 

14 congressional defense committees. 

15 SEC. 8008. None of the funds provided in this Act 

16 shall be available to initiate: (1) a multiyear contract that 

17 employs economic order quantity procurement in excess of 

18 $20,000,000 in any 1 year of the contract or that includes 

19 an unfunded contingent liability in excess of $20,000,000; 

20 or (2) a contract for advance procurement leading to a 

21 multiyear contract that employs economic order quantity 

22 procurement in excess of $20,000,000 in any 1 year, un23 less the congressional defense committees have been noti24 fied at least 30 days in advance of the proposed contract 

25 award: Provided, That no part of any appropriation con-
43 

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1 tained in this Act shall be available to initiate a multiyear 

2 contract for which the economic order quantity advance 

3 procurement is not funded at least to the limits of the 

4 Government’s liability: Provided further, That no part of 

5 any appropriation contained in this Act shall be available 

6 to initiate multiyear procurement contracts for any sys7 tems or component thereof if the value of the multiyear 

8 contract would exceed $500,000,000 unless specifically 

9 provided in this Act: Provided further, That no multiyear 

10 procurement contract can be terminated without 10-day 

11 prior notification to the congressional defense committees: 

12 Provided further, That the execution of multiyear author13 ity shall require the use of a present value analysis to de14 termine lowest cost compared to an annual procurement. 

15 Funds appropriated in title III of this Act may be 

16 used for multiyear procurement contracts as follows: 

17 155 mm Lightweight Towed Howitzer. 

18 SEC. 8009. Within the funds appropriated for the op19 eration and maintenance of the Armed Forces, funds are 

20 hereby appropriated pursuant to section 401 of title 10, 

21 United States Code, for humanitarian and civic assistance 

22 costs under chapter 20 of title 10, United States Code. 

23 Such funds may also be obligated for humanitarian and 

24 civic assistance costs incidental to authorized operations 

25 and pursuant to authority granted in section 401 of chap-
44 

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1 ter 20 of title 10, United States Code, and these obliga2 tions shall be reported as required by section 401(d) of 

3 title 10, United States Code: Provided, That funds avail4 able for operation and maintenance shall be available for 

5 providing humanitarian and similar assistance by using 

6 Civic Action Teams in the Trust Territories of the Pacific 

7 Islands and freely associated states of Micronesia, pursu8 ant to the Compact of Free Association as authorized by 

9 Public Law 99–239: Provided further, That upon a deter10 mination by the Secretary of the Army that such action 

11 is beneficial for graduate medical education programs con12 ducted at Army medical facilities located in Hawaii, the 

13 Secretary of the Army may authorize the provision of med14 ical services at such facilities and transportation to such 

15 facilities, on a nonreimbursable basis, for civilian patients 

16 from American Samoa, the Commonwealth of the North17 ern Mariana Islands, the Marshall Islands, the Federated 

18 States of Micronesia, Palau, and Guam. 

19 SEC. 8010. (a) During fiscal year 2005, the civilian 

20 personnel of the Department of Defense may not be man21 aged on the basis of any end-strength, and the manage22 ment of such personnel during that fiscal year shall not 

23 be subject to any constraint or limitation (known as an 

24 end-strength) on the number of such personnel who may 

25 be employed on the last day of such fiscal year. 
45 

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1 (b) The fiscal year 2006 budget request for the De2 partment of Defense as well as all justification material 

3 and other documentation supporting the fiscal year 2006 

4 Department of Defense budget request shall be prepared 

5 and submitted to the Congress as if subsections (a) and 

6 (b) of this provision were effective with regard to fiscal 

7 year 2006. 

8 (c) Nothing in this section shall be construed to apply 

9 to military (civilian) technicians. 

10 SEC. 8011. None of the funds appropriated in this 

11 or any other Act may be used to initiate a new installation 

12 overseas without 30-day advance notification to the Com13 mittees on Appropriations. 

14 SEC. 8012. None of the funds made available by this 

15 Act shall be used in any way, directly or indirectly, to in16 fluence congressional action on any legislation or appro17 priation matters pending before the Congress. 

18 SEC. 8013. None of the funds appropriated by this 

19 Act shall be available for the basic pay and allowances of 

20 any member of the Army participating as a full-time stu21 dent and receiving benefits paid by the Secretary of Vet22 erans Affairs from the Department of Defense Education 

23 Benefits Fund when time spent as a full-time student is 

24 credited toward completion of a service commitment: Pro25 vided, That this subsection shall not apply to those mem-
46 

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1 bers who have reenlisted with this option prior to October 

2 1, 1987: Provided further, That this subsection applies 

3 only to active components of the Army. 

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

5 CONTRACTOR PERFORMANCE.—None of the funds appro6 priated by this Act shall be available to convert to con7 tractor performance an activity or function of the Depart8 ment of Defense that, on or after the date of the enact9 ment of this Act, is performed by more than 10 Depart10 ment of Defense civilian employees unless— 

11 (1) the conversion is based on the result of a 

12 public-private competition that includes a most effi13 cient and cost effective organization plan developed 

14 by such activity or function; and 

15 (2) the Competitive Sourcing Official deter16 mines that, over all performance periods stated in 

17 the solicitation of offers for performance of the ac18 tivity or function, the cost of performance of the ac19 tivity or function by a contractor would be less costly 

20 to the Department of Defense by an amount that 

21 equals or exceeds the lesser of— 

22 (A) 10 percent of the most efficient organi23 zation’s personnel-related costs for performance 

24 of that activity or function by Federal employ25 ees; or 
47 

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1 (B) $10,000,000. 

2 (b) EXCEPTIONS.—(1) The Department of Defense, 

3 without regard to subsection (a) of this section or sub4 sections (a), (b), or (c) of section 2461 of title 10, United 

5 States Code, and notwithstanding any administrative reg6 ulation, requirement, or policy to the contrary shall have 

7 full authority to enter into a contract for the performance 

8 of any commercial or industrial type function of the De9 partment of Defense that— 

10 (A) is included on the procurement list estab11 lished pursuant to section 2 of the Javits-Wagner12 O’Day Act (41 U.S.C. 47); 

13 (B) is planned to be converted to performance 

14 by a qualified nonprofit agency for the blind or by 

15 a qualified nonprofit agency for other severely handi16 capped individuals in accordance with that Act; or 

17 (C) is planned to be converted to performance 

18 by a qualified firm under at least 51 percent owner19 ship by an Indian tribe, as defined in section 4(e) 

20 of the Indian Self-Determination and Education As21 sistance Act (25 U.S.C. 450b(e)), or a Native Ha22 waiian Organization, as defined in section 8(a)(15) 

23 of the Small Business Act (15 U.S.C. 637(a)(15)). 
48 

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1 (2) This section shall not apply to depot contracts 

2 or contracts for depot maintenance as provided in sections 

3 2469 and 2474 of title 10, United States Code. 

4 (c) TREATMENT OF CONVERSION.—The conversion 

5 of any activity or function of the Department of Defense 

6 under the authority provided by this section shall be cred7 ited toward any competitive or outsourcing goal, target, 

8 or measurement that may be established by statute, regu9 lation, or policy and is deemed to be awarded under the 

10 authority of, and in compliance with, subsection (h) of sec11 tion 2304 of title 10, United States Code, for the competi12 tion or outsourcing of commercial activities. 

13 (TRANSFER OF FUNDS)

14 SEC. 8015. Funds appropriated in title III of this Act 

15 for the Department of Defense Pilot Mentor-Protege Pro16 gram may be transferred to any other appropriation con17 tained in this Act solely for the purpose of implementing 

18 a Mentor-Protege Program developmental assistance 

19 agreement pursuant to section 831 of the National De20 fense Authorization Act for Fiscal Year 1991 (Public Law 

21 101–510; 10 U.S.C. 2301 note), as amended, under the 

22 authority of this provision or any other transfer authority 

23 contained in this Act. 

24 SEC. 8016. None of the funds in this Act may be 

25 available for the purchase by the Department of Defense 

26 (and its departments and agencies) of welded shipboard 
49 

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1 anchor and mooring chain 4 inches in diameter and under 

2 unless the anchor and mooring chain are manufactured 

3 in the United States from components which are substan4 tially manufactured in the United States: Provided, That 

5 for the purpose of this section manufactured will include 

6 cutting, heat treating, quality control, testing of chain and 

7 welding (including the forging and shot blasting process): 

8 Provided further, That for the purpose of this section sub9 stantially all of the components of anchor and mooring 

10 chain shall be considered to be produced or manufactured 

11 in the United States if the aggregate cost of the compo12 nents produced or manufactured in the United States ex13 ceeds the aggregate cost of the components produced or 

14 manufactured outside the United States: Provided further, 

15 That when adequate domestic supplies are not available 

16 to meet Department of Defense requirements on a timely 

17 basis, the Secretary of the service responsible for the pro18 curement may waive this restriction on a case-by-case 

19 basis by certifying in writing to the Committees on Appro20 priations that such an acquisition must be made in order 

21 to acquire capability for national security purposes. 

22 SEC. 8017. None of the funds appropriated by this 

23 Act available for the Civilian Health and Medical Program 

24 of the Uniformed Services (CHAMPUS) or TRICARE 

25 shall be available for the reimbursement of any health care 
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1 provider for inpatient mental health service for care re2 ceived when a patient is referred to a provider of inpatient 

3 mental health care or residential treatment care by a med4 ical or health care professional having an economic inter5 est in the facility to which the patient is referred: Pro6 vided, That this limitation does not apply in the case of 

7 inpatient mental health services provided under the pro8 gram for persons with disabilities under subsection (d) of 

9 section 1079 of title 10, United States Code, provided as 

10 partial hospital care, or provided pursuant to a waiver au11 thorized by the Secretary of Defense because of medical 

12 or psychological circumstances of the patient that are con13 firmed by a health professional who is not a Federal em14 ployee after a review, pursuant to rules prescribed by the 

15 Secretary, which takes into account the appropriate level 

16 of care for the patient, the intensity of services required 

17 by the patient, and the availability of that care. 

18 SEC. 8018. Notwithstanding any other provision of 

19 law, during the current fiscal year, the Secretary of De20 fense may, by executive agreement, establish with host na21 tion governments in NATO member states a separate ac22 count into which such residual value amounts negotiated 

23 in the return of United States military installations in 

24 NATO member states may be deposited, in the currency 

25 of the host nation, in lieu of direct monetary transfers to 
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1 the United States Treasury: Provided, That such credits 

2 may be utilized only for the construction of facilities to 

3 support United States military forces in that host nation, 

4 or such real property maintenance and base operating 

5 costs that are currently executed through monetary trans6 fers to such host nations: Provided further, That the De7 partment of Defense’s budget submission for fiscal year 

8 2006 shall identify such sums anticipated in residual value 

9 settlements, and identify such construction, real property 

10 maintenance or base operating costs that shall be funded 

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

12 That all military construction projects to be executed from 

13 such accounts must be previously approved in a prior Act 

14 of Congress: Provided further, That each such executive 

15 agreement with a NATO member host nation shall be re16 ported to the congressional defense committees, the Com17 mittee on International Relations of the House of Rep18 resentatives and the Committee on Foreign Relations of 

19 the Senate 30 days prior to the conclusion and endorse20 ment of any such agreement established under this provi21 sion. 

22 SEC. 8019. None of the funds available to the De23 partment of Defense may be used to demilitarize or dis24 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, 

25 .22 caliber rifles, .30 caliber rifles, or M–1911 pistols. 
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1 SEC. 8020. No more than $500,000 of the funds ap2 propriated or made available in this Act shall be used dur3 ing a single fiscal year for any single relocation of an orga4 nization, unit, activity or function of the Department of 

5 Defense into or within the National Capital Region: Pro6 vided, That the Secretary of Defense may waive this re7 striction on a case-by-case basis by certifying in writing 

8 to the congressional defense committees that such a relo9 cation is required in the best interest of the Government. 

10 SEC. 8021. In addition to the funds provided else11 where in this Act, $8,000,000 is appropriated only for in12 centive payments authorized by Section 504 of the Indian 

13 Financing Act of 1974 (25 U.S.C. 1544): Provided, That 

14 a prime contractor or a subcontractor at any tier that 

15 makes a subcontract award to any subcontractor or sup16 plier as defined in 25 U.S.C. 1544 or a small business 

17 owned and controlled by an individual or individuals de18 fined under 25 U.S.C. 4221(9) shall be considered a con19 tractor for the purposes of being allowed additional com20 pensation under section 504 of the Indian Financing Act 

21 of 1974 (25 U.S.C. 1544) whenever the prime contract 

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

23 expenditure of funds appropriated by an Act making Ap24 propriations for the Department of Defense with respect 

25 to any fiscal year: Provided further, That notwithstanding 
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1 41 U.S.C. 430, this section shall be applicable to any De2 partment of Defense acquisition of supplies or services, in3 cluding any contract and any subcontract at any tier for 

4 acquisition of commercial items produced or manufac5 tured, in whole or in part by any subcontractor or supplier 

6 defined in 25 U.S.C. 1544 or a small business owned and 

7 controlled by an individual or individuals defined under 

8 25 U.S.C. 4221(9): Provided further, That businesses cer9 tified as 8(a) by the Small Business Administration pursu10 ant to section 8(a)(15) of Public Law 85–536, as amend11 ed, shall have the same status as other program partici12 pants under section 602 of Public Law 100–656, 102 

13 Stat. 3825 (Business Opportunity Development Reform 

14 Act of 1988) for purposes of contracting with agencies of 

15 the Department of Defense. 

16 SEC. 8022. None of the funds appropriated by this 

17 Act shall be available to perform any cost study pursuant 

18 to the provisions of OMB Circular A–76 if the study being 

19 performed exceeds a period of 24 months after initiation 

20 of such study with respect to a single function activity or 

21 30 months after initiation of such study for a multi-func22 tion activity. 

23 SEC. 8023. Funds appropriated by this Act for the 

24 American Forces Information Service shall not be used for 
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1 any national or international political or psychological ac2 tivities. 

3 SEC. 8024. Notwithstanding any other provision of 

4 law or regulation, the Secretary of Defense may adjust 

5 wage rates for civilian employees hired for certain health 

6 care occupations as authorized for the Secretary of Vet7 erans Affairs by section 7455 of title 38, United States 

8 Code. 

9 SEC. 8025. In addition to the amounts appropriated 

10 or otherwise made available in this Act, $33,000,000 is 

11 hereby appropriated to the Department of Defense: Pro12 vided, That the Secretary of Defense shall make grants 

13 in the amount of $10,000,000 to the Military Aviation 

14 Museum of the Pacific; $10,000,000 to the Wings of Lib15 erty Military Museum at Fort Campbell; $3,000,000 to 

16 the United Services Organization; $5,000,000 to the Ga17 lena IDEA Distance Learning Program; $2,000,000 to 

18 the National Museum of Cavalry and Armor at Fort Knox; 

19 and $3,000,000 to the Wing Luke Asian Museum. 

20 SEC. 8026. In addition to amounts provided else21 where in this Act, $2,500,000 is hereby appropriated for 

22 ‘‘Operation and Maintenance, Air Force’’ for acquisition 

23 by the United States Air Force of Native Allotment F– 

24 14589: Provided, That in consideration of its unauthorized 

25 use and contamination of Native Allotment F–14589, con-
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1 sisting of 159.7 acres, at Oliktok Point, Alaska, the 

2 United States Air Force shall acquire Native Allotment 

3 F–14589 by payment of $2,500,000 to the current owners 

4 of the Native Allotment. 

5 SEC. 8027. During the current fiscal year, the De6 partment of Defense is authorized to incur obligations of 

7 not to exceed $350,000,000 for purposes specified in sec8 tion 2350j(c) of title 10, United States Code, in anticipa9 tion of receipt of contributions, only from the Government 

10 of Kuwait, under that section: Provided, That upon re11 ceipt, such contributions from the Government of Kuwait 

12 shall be credited to the appropriations or fund which in13 curred such obligations. 

14 (INCLUDING TRANSFER OF FUNDS)

15 SEC. 8028. (a) Of the funds made available in this 

16 Act, not less than $24,971,000 shall be available for the 

17 Civil Air Patrol Corporation, of which— 

18 (1) $21,588,000 shall be available from ‘‘Oper19 ation and Maintenance, Air Force’’ to support Civil 

20 Air Patrol Corporation operation and maintenance, 

21 readiness, counterdrug activities, and drug demand 

22 reduction activities involving youth programs; 

23 (2) $2,581,000 shall be available from ‘‘Aircraft 

24 Procurement, Air Force’’; and 

25 (3) $802,000 shall be available from ‘‘Other 

26 Procurement, Air Force’’ for vehicle procurement. 
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1 (b) The Secretary of the Air Force should waive reim2 bursement for any funds used by the Civil Air Patrol for 

3 counter-drug activities in support of Federal, State, and 

4 local government agencies. 

5 SEC. 8029. (a) None of the funds appropriated in this 

6 Act are available to establish a new Department of De7 fense (department) federally funded research and develop8 ment center (FFRDC), either as a new entity, or as a 

9 separate entity administrated by an organization man10 aging another FFRDC, or as a nonprofit membership cor11 poration consisting of a consortium of other FFRDCs and 

12 other non-profit entities. 

13 (b) No member of a Board of Directors, Trustees, 

14 Overseers, Advisory Group, Special Issues Panel, Visiting 

15 Committee, or any similar entity of a defense FFRDC, 

16 and no paid consultant to any defense FFRDC, except 

17 when acting in a technical advisory capacity, may be com18 pensated for his or her services as a member of such enti19 ty, or as a paid consultant by more than one FFRDC in 

20 a fiscal year: Provided, That a member of any such entity 

21 referred to previously in this subsection shall be allowed 

22 travel expenses and per diem as authorized under the Fed23 eral Joint Travel Regulations, when engaged in the per24 formance of membership duties. 
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1 (c) Notwithstanding any other provision of law, none 

2 of the funds available to the department from any source 

3 during fiscal year 2005 may be used by a defense FFRDC, 

4 through a fee or other payment mechanism, for construc5 tion of new buildings, for payment of cost sharing for 

6 projects funded by Government grants, for absorption of 

7 contract overruns, or for certain charitable contributions, 

8 not to include employee participation in community service 

9 and/or development. 

10 (d) Notwithstanding any other provision of law, of 

11 the funds available to the department during fiscal year 

12 2005, not more than 6,321 staff years of technical effort 

13 (staff years) may be funded for defense FFRDCs: Pro14 vided, That of the specific amount referred to previously 

15 in this subsection, not more than 1,050 staff years may 

16 be funded for the defense studies and analysis FFRDCs. 

17 (e) The Secretary of Defense shall, with the submis18 sion of the department’s fiscal year 2006 budget request, 

19 submit a report presenting the specific amounts of staff 

20 years of technical effort to be allocated for each defense 

21 FFRDC during that fiscal year. 

22 (f) Notwithstanding any other provision of this Act, 

23 the total amount appropriated in this Act for FFRDCs 

24 is hereby reduced by $74,200,000. 
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1 SEC. 8030. None of the funds appropriated or made 

2 available in this Act shall be used to procure carbon, alloy 

3 or armor steel plate for use in any Government-owned fa4 cility or property under the control of the Department of 

5 Defense which were not melted and rolled in the United 

6 States or Canada: Provided, That these procurement re7 strictions shall apply to any and all Federal Supply Class 

8 9515, American Society of Testing and Materials (ASTM) 

9 or American Iron and Steel Institute (AISI) specifications 

10 of carbon, alloy or armor steel plate: Provided further, 

11 That the Secretary of the military department responsible 

12 for the procurement may waive this restriction on a case13 by-case basis by certifying in writing to the Committees 

14 on Appropriations of the House of Representatives and the 

15 Senate that adequate domestic supplies are not available 

16 to meet Department of Defense requirements on a timely 

17 basis and that such an acquisition must be made in order 

18 to acquire capability for national security purposes: Pro19 vided further, That these restrictions shall not apply to 

20 contracts which are in being as of the date of the enact21 ment of this Act. 

22 SEC. 8031. For the purposes of this Act, the term 

23 ‘‘congressional defense committees’’ means the Armed 

24 Services Committee of the House of Representatives, the 

25 Armed Services Committee of the Senate, the Sub-
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1 committee on Defense of the Committee on Appropriations 

2 of the Senate, and the Subcommittee on Defense of the 

3 Committee on Appropriations of the House of Representa4 tives. 

5 SEC. 8032. During the current fiscal year, the De6 partment of Defense may acquire the modification, depot 

7 maintenance and repair of aircraft, vehicles and vessels 

8 as well as the production of components and other De9 fense-related articles, through competition between De10 partment of Defense depot maintenance activities and pri11 vate firms: Provided, That the Senior Acquisition Execu12 tive of the military department or Defense Agency con13 cerned, with power of delegation, shall certify that success14 ful bids include comparable estimates of all direct and in15 direct costs for both public and private bids: Provided fur16 ther, That Office of Management and Budget Circular A– 

17 76 shall not apply to competitions conducted under this 

18 section. 

19 SEC. 8033. (a)(1) If the Secretary of Defense, after 

20 consultation with the United States Trade Representative, 

21 determines that a foreign country which is party to an 

22 agreement described in paragraph (2) has violated the 

23 terms of the agreement by discriminating against certain 

24 types of products produced in the United States that are 

25 covered by the agreement, the Secretary of Defense shall 
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1 rescind the Secretary’s blanket waiver of the Buy Amer2 ican Act with respect to such types of products produced 

3 in that foreign country. 

4 (2) An agreement referred to in paragraph (1) is any 

5 reciprocal defense procurement memorandum of under6 standing, between the United States and a foreign country 

7 pursuant to which the Secretary of Defense has prospec8 tively waived the Buy American Act for certain products 

9 in that country. 

10 (b) The Secretary of Defense shall submit to the Con11 gress a report on the amount of Department of Defense 

12 purchases from foreign entities in fiscal year 2005. Such 

13 report shall separately indicate the dollar value of items 

14 for which the Buy American Act was waived pursuant to 

15 any agreement described in subsection (a)(2), the Trade 

16 Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any 

17 international agreement to which the United States is a 

18 party. 

19 (c) For purposes of this section, the term ‘‘Buy 

20 American Act’’ means title III of the Act entitled ‘‘An Act 

21 making appropriations for the Treasury and Post Office 

22 Departments for the fiscal year ending June 30, 1934, 

23 and for other purposes’’, approved March 3, 1933 (41 

24 U.S.C. 10a et seq.). 
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1 SEC. 8034. Appropriations contained in this Act that 

2 remain available at the end of the current fiscal year as 

3 a result of energy cost savings realized by the Department 

4 of Defense shall remain available for obligation for the 

5 next fiscal year to the extent, and for the purposes, pro6 vided in section 2865 of title 10, United States Code. 

7 (INCLUDING TRANSFER OF FUNDS)

8 SEC. 8035. Amounts deposited during the current fis9 cal year to the special account established under 40 U.S.C. 

10 572(b)(5)(A) and to the special account established under 

11 10 U.S.C. 2667(d)(1) are appropriated and shall be avail12 able until transferred by the Secretary of Defense to cur13 rent applicable appropriations or funds of the Department 

14 of Defense under the terms and conditions specified by 

15 40 U.S.C. 572(b)(5)(B) and 10 U.S.C. 2667(d)(1)(B), to 

16 be merged with and to be available for the same time pe17 riod and the same purposes as the appropriation to which 

18 transferred. 

19 SEC. 8036. None of the funds appropriated in this 

20 Act shall be used to study, demonstrate, or implement any 

21 plans privatizing, divesting or transferring of any Civil 

22 Works missions, functions, or responsibilities for the 

23 United States Army Corps of Engineers to other govern24 ment agencies without specific direction in a subsequent 

25 Act of Congress. 
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1 SEC. 8037. Notwithstanding any other provision of 

2 law, funds available for ‘‘Drug Interdiction and Counter3 Drug Activities, Defense’’ may be obligated for the Young 

4 Marines program. 

5 (INCLUDING TRANSFER OF FUNDS)

6 SEC. 8038. During the current fiscal year, amounts 

7 contained in the Department of Defense Overseas Military 

8 Facility Investment Recovery Account established by sec9 tion 2921(c)(1) of the National Defense Authorization Act 

10 of 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall 

11 be available until expended for the payments specified by 

12 section 2921(c)(2) of that Act. 

13 SEC. 8039. (a) IN GENERAL.—Notwithstanding any 

14 other provision of law, the Secretary of the Air Force may 

15 convey at no cost to the Air Force, without consideration, 

16 to Indian tribes located in the States of North Dakota, 

17 South Dakota, Montana, and Minnesota relocatable mili18 tary housing units located at Grand Forks Air Force Base 

19 and Minot Air Force Base that are excess to the needs 

20 of the Air Force. 

21 (b) PROCESSING OF REQUESTS.—The Secretary of 

22 the Air Force shall convey, at no cost to the Air Force, 

23 military housing units under subsection (a) in accordance 

24 with the request for such units that are submitted to the 

25 Secretary by the Operation Walking Shield Program on 
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1 behalf of Indian tribes located in the States of North Da2 kota, South Dakota, Montana, and Minnesota. 

3 (c) RESOLUTION OF HOUSING UNIT CONFLICTS.— 

4 The Operation Walking Shield program shall resolve any 

5 conflicts among requests of Indian tribes for housing units 

6 under subsection (a) before submitting requests to the 

7 Secretary of the Air Force under subsection (b). 

8 (d) INDIAN TRIBE DEFINED.—In this section, the 

9 term ‘‘Indian tribe’’ means any recognized Indian tribe in10 cluded on the current list published by the Secretary of 

11 the Interior under section 104 of the Federally Recognized 

12 Indian Tribe Act of 1994 (Public Law 103–454; 108 Stat. 

13 4792; 25 U.S.C. 479a–1). 

14 SEC. 8040. During the current fiscal year, appropria15 tions which are available to the Department of Defense 

16 for operation and maintenance may be used to purchase 

17 items having an investment item unit cost of not more 

18 than $250,000. 

19 SEC. 8041. (a) During the current fiscal year, none 

20 of the appropriations or funds available to the Department 

21 of Defense Working Capital Funds shall be used for the 

22 purchase of an investment item for the purpose of acquir23 ing a new inventory item for sale or anticipated sale dur24 ing the current fiscal year or a subsequent fiscal year to 

25 customers of the Department of Defense Working Capital 
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1 Funds if such an item would not have been chargeable 

2 to the Department of Defense Business Operations Fund 

3 during fiscal year 1994 and if the purchase of such an 

4 investment item would be chargeable during the current 

5 fiscal year to appropriations made to the Department of 

6 Defense for procurement. 

7 (b) The fiscal year 2006 budget request for the De8 partment of Defense as well as all justification material 

9 and other documentation supporting the fiscal year 2006 

10 Department of Defense budget shall be prepared and sub11 mitted to the Congress on the basis that any equipment 

12 which was classified as an end item and funded in a pro13 curement appropriation contained in this Act shall be 

14 budgeted for in a proposed fiscal year 2006 procurement 

15 appropriation and not in the supply management business 

16 area or any other area or category of the Department of 

17 Defense Working Capital Funds. 

18 SEC. 8042. None of the funds appropriated by this 

19 Act for programs of the Central Intelligence Agency shall 

20 remain available for obligation beyond the current fiscal 

21 year, except for funds appropriated for the Reserve for 

22 Contingencies, which shall remain available until Sep23 tember 30, 2006: Provided, That funds appropriated, 

24 transferred, or otherwise credited to the Central Intel25 ligence Agency Central Services Working Capital Fund 
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1 during this or any prior or subsequent fiscal year shall 

2 remain available until expended: Provided further, That 

3 any funds appropriated or transferred to the Central Intel4 ligence Agency for advanced research and development ac5 quisition, for agent operations, and for covert action pro6 grams authorized by the President under section 503 of 

7 the National Security Act of 1947, as amended, shall re8 main available until September 30, 2006. 

9 SEC. 8043. Notwithstanding any other provision of 

10 law, funds made available in this Act for the Defense In11 telligence Agency may be used for the design, develop12 ment, and deployment of General Defense Intelligence 

13 Program intelligence communications and intelligence in14 formation systems for the Services, the Unified and Speci15 fied Commands, and the component commands. 

16 SEC. 8044. Of the funds appropriated to the Depart17 ment of Defense under the heading ‘‘Operation and Main18 tenance, Defense-Wide’’, not less than $10,000,000 shall 

19 be made available only for the mitigation of environmental 

20 impacts, including training and technical assistance to 

21 tribes, related administrative support, the gathering of in22 formation, documenting of environmental damage, and de23 veloping a system for prioritization of mitigation and cost 

24 to complete estimates for mitigation, on Indian lands re25 sulting from Department of Defense activities. 
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1 SEC. 8045. (a) None of the funds appropriated in this 

2 Act may be expended by an entity of the Department of 

3 Defense unless the entity, in expending the funds, com4 plies with the Buy American Act. For purposes of this 

5 subsection, the term ‘‘Buy American Act’’ means title III 

6 of the Act entitled ‘‘An Act making appropriations for the 

7 Treasury and Post Office Departments for the fiscal year 

8 ending June 30, 1934, and for other purposes’’, approved 

9 March 3, 1933 (41 U.S.C. 10a et seq.). 

10 (b) If the Secretary of Defense determines that a per11 son has been convicted of intentionally affixing a label 

12 bearing a ‘‘Made in America’’ inscription to any product 

13 sold in or shipped to the United States that is not made 

14 in America, the Secretary shall determine, in accordance 

15 with section 2410f of title 10, United States Code, wheth16 er the person should be debarred from contracting with 

17 the Department of Defense. 

18 (c) In the case of any equipment or products pur19 chased with appropriations provided under this Act, it is 

20 the sense of the Congress that any entity of the Depart21 ment of Defense, in expending the appropriation, purchase 

22 only American-made equipment and products, provided 

23 that American-made equipment and products are cost24 competitive, quality-competitive, and available in a timely 

25 fashion. 
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1 SEC. 8046. None of the funds appropriated by this 

2 Act shall be available for a contract for studies, analysis, 

3 or consulting services entered into without competition on 

4 the basis of an unsolicited proposal unless the head of the 

5 activity responsible for the procurement determines— 

6 (1) as a result of thorough technical evaluation, 

7 only one source is found fully qualified to perform 

8 the proposed work; 

9 (2) the purpose of the contract is to explore an 

10 unsolicited proposal which offers significant sci11 entific or technological promise, represents the prod12 uct of original thinking, and was submitted in con13 fidence by one source; or 

14 (3) the purpose of the contract is to take ad15 vantage of unique and significant industrial accom16 plishment by a specific concern, or to insure that a 

17 new product or idea of a specific concern is given fi18 nancial support: 

19 Provided, That this limitation shall not apply to contracts 

20 in an amount of less than $25,000, contracts related to 

21 improvements of equipment that is in development or pro22 duction, or contracts as to which a civilian official of the 

23 Department of Defense, who has been confirmed by the 

24 Senate, determines that the award of such contract is in 

25 the interest of the national defense. 
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1 SEC. 8047. (a) Except as provided in subsection (b) 

2 and (c), none of the funds made available by this Act may 

3 be used— 

4 (1) to establish a field operating agency; or 

5 (2) to pay the basic pay of a member of the 

6 Armed Forces or civilian employee of the depart7 ment who is transferred or reassigned from a head8 quarters activity if the member or employee’s place 

9 of duty remains at the location of that headquarters. 

10 (b) The Secretary of Defense or Secretary of a mili11 tary department may waive the limitations in subsection 

12 (a), on a case-by-case basis, if the Secretary determines, 

13 and certifies to the Committees on Appropriations of the 

14 House of Representatives and Senate that the granting 

15 of the waiver will reduce the personnel requirements or 

16 the financial requirements of the department. 

17 (c) This section does not apply to field operating 

18 agencies funded within the National Foreign Intelligence 

19 Program. 

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 8048. (a) Upon a determination by the Sec22 retary of the Navy that the vessel USNS Capable (T– 

23 AGOS 16) is no longer needed by the Navy, the Secretary 

24 shall transfer such vessel to the National Oceanic and At25 mospheric Administration as an exploration and research 

26 ship. 
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1 (b) Upon a transfer of the vessel USNS Capable (T– 

2 AGOS 16) under subsection (a), the Secretary of the Navy 

3 shall transfer to the Secretary of Commerce $18,000,000 

4 out of funds appropriated by title IV under the heading 

5 ‘‘Research, Development, Test and Evaluation, Navy’’. 

6 The amount so transferred shall be available to the Na7 tional Oceanographic and Atmospheric Administration for 

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

9 research ship. 

10 (RESCISSIONS)

11 SEC. 8049. Of the funds appropriated in Department 

12 of Defense Appropriations Acts, the following funds are 

13 hereby rescinded from the following accounts and pro14 grams in the specified amounts: 

15 ‘‘Shipbuilding and Conversion, Navy, 2002/ 

16 2006’’, $20,444,000; 

17 ‘‘Weapons Procurement, Navy, 2004/2006’’, 

18 $15,157,000; 

19 ‘‘Other Procurement, Navy, 2004/2006’’, 

20 $54,338,000; 

21 ‘‘Procurement, Defense-Wide, 2004/2006’’, 

22 $23,571,000; 

23 ‘‘Research, Development, Test and Evaluation, 

24 Army, 2004/2005’’, $25,000,000; and 

25 ‘‘Research, Development, Test and Evaluation, 

26 Defense-Wide, 2004/2005’’, $10,100,000. 
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1 SEC. 8050. None of the funds available in this Act 

2 may be used to reduce the authorized positions for mili3 tary (civilian) technicians of the Army National Guard, 

4 the Air National Guard, Army Reserve and Air Force Re5 serve for the purpose of applying any administratively im6 posed civilian personnel ceiling, freeze, or reduction on 

7 military (civilian) technicians, unless such reductions are 

8 a direct result of a reduction in military force structure. 

9 SEC. 8051. None of the funds appropriated or other10 wise made available in this Act may be obligated or ex11 pended for assistance to the Democratic People’s Republic 

12 of North Korea unless specifically appropriated for that 

13 purpose. 

14 SEC. 8052. During the current fiscal year, funds ap15 propriated in this Act are available to compensate mem16 bers of the National Guard for duty performed pursuant 

17 to a plan submitted by a Governor of a State and approved 

18 by the Secretary of Defense under section 112 of title 32, 

19 United States Code: Provided, That during the perform20 ance of such duty, the members of the National Guard 

21 shall be under State command and control: Provided fur22 ther, That such duty shall be treated as full-time National 

23 Guard duty for purposes of sections 12602(a)(2) and 

24 (b)(2) of title 10, United States Code. 
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1 SEC. 8053. Funds appropriated in this Act for oper2 ation and maintenance of the Military Departments, Com3 batant Commands and Defense Agencies shall be available 

4 for reimbursement of pay, allowances and other expenses 

5 which would otherwise be incurred against appropriations 

6 for the National Guard and Reserve when members of the 

7 National Guard and Reserve provide intelligence or coun8 terintelligence support to Combatant Commands, Defense 

9 Agencies and Joint Intelligence Activities, including the 

10 activities and programs included within the National For11 eign Intelligence Program (NFIP), the Joint Military In12 telligence Program (JMIP), and the Tactical Intelligence 

13 and Related Activities (TIARA) aggregate: Provided, That 

14 nothing in this section authorizes deviation from estab15 lished Reserve and National Guard personnel and training 

16 procedures. 

17 SEC. 8054. During the current fiscal year, none of 

18 the funds appropriated in this Act may be used to reduce 

19 the civilian medical and medical support personnel as20 signed to military treatment facilities below the September 

21 30, 2003 level: Provided, That the Service Surgeons Gen22 eral may waive this section by certifying to the congres23 sional defense committees that the beneficiary population 

24 is declining in some catchment areas and civilian strength 
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1 reductions may be consistent with responsible resource 

2 stewardship and capitation-based budgeting. 

3 SEC. 8055. (a) LIMITATION ON PENTAGON RENOVA4 TION COSTS.—Not later than the date each year on which 

5 the President submits to Congress the budget under sec6 tion 1105 of title 31, United States Code, the Secretary 

7 of Defense shall submit to Congress a certification that 

8 the total cost for the planning, design, construction, and 

9 installation of equipment for the renovation of wedges 2 

10 through 5 of the Pentagon Reservation, cumulatively, will 

11 not exceed four times the total cost for the planning, de12 sign, construction, and installation of equipment for the 

13 renovation of wedge 1. 

14 (b) ANNUAL ADJUSTMENT.—For purposes of apply15 ing the limitation in subsection (a), the Secretary shall 

16 adjust the cost for the renovation of wedge 1 by any in17 crease or decrease in costs attributable to economic infla18 tion, based on the most recent economic assumptions 

19 issued by the Office of Management and Budget for use 

20 in preparation of the budget of the United States under 

21 section 1104 of title 31, United States Code. 

22 (c) EXCLUSION OF CERTAIN COSTS.—For purposes 

23 of calculating the limitation in subsection (a), the total 

24 cost for wedges 2 through 5 shall not include— 
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1 (1) any repair or reconstruction cost incurred 

2 as a result of the terrorist attack on the Pentagon 

3 that occurred on September 11, 2001; 

4 (2) any increase in costs for wedges 2 through 

5 5 attributable to compliance with new requirements 

6 of Federal, State, or local laws; and 

7 (3) any increase in costs attributable to addi8 tional security requirements that the Secretary of 

9 Defense considers essential to provide a safe and se10 cure working environment. 

11 (d) CERTIFICATION COST REPORTS.—As part of the 

12 annual certification under subsection (a), the Secretary 

13 shall report the projected cost (as of the time of the certifi14 cation) for— 

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

16 amount adjusted or otherwise excluded for such 

17 wedge under the authority of paragraphs (2) and (3) 

18 of subsection (c) for the period covered by the cer19 tification; and 

20 (2) the repair and reconstruction of wedges 1 

21 and 2 in response to the terrorist attack on the Pen22 tagon that occurred on September 11, 2001. 

23 (e) DURATION OF CERTIFICATION REQUIREMENT.— 

24 The requirement to make an annual certification under 

25 subsection (a) shall apply until the Secretary certifies to 
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1 Congress that the renovation of the Pentagon Reservation 

2 is completed. 

3 SEC. 8056. Notwithstanding any other provision of 

4 law, that not more than 35 percent of funds provided in 

5 this Act for environmental remediation may be obligated 

6 under indefinite delivery/indefinite quantity contracts with 

7 a total contract value of $130,000,000 or higher. 

8 SEC. 8057. (a) None of the funds available to the 

9 Department of Defense for any fiscal year for drug inter10 diction or counter-drug activities may be transferred to 

11 any other department or agency of the United States ex12 cept as specifically provided in an appropriations law. 

13 (b) None of the funds available to the Central Intel14 ligence Agency for any fiscal year for drug interdiction 

15 and counter-drug activities may be transferred to any 

16 other department or agency of the United States except 

17 as specifically provided in an appropriations law. 

18 (TRANSFER OF FUNDS)

19 SEC. 8058. Appropriations available in this Act under 

20 the heading ‘‘Operation and Maintenance, Defense-Wide’’ 

21 for increasing energy and water efficiency in Federal 

22 buildings may, during their period of availability, be trans23 ferred to other appropriations or funds of the Department 

24 of Defense for projects related to increasing energy and 

25 water efficiency, to be merged with and to be available 
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1 for the same general purposes, and for the same time pe2 riod, as the appropriation or fund to which transferred. 

3 SEC. 8059. None of the funds appropriated by this 

4 Act may be used for the procurement of ball and roller 

5 bearings other than those produced by a domestic source 

6 and of domestic origin: Provided, That the Secretary of 

7 the military department responsible for such procurement 

8 may waive this restriction on a case-by-case basis by certi9 fying in writing to the Committees on Appropriations of 

10 the House of Representatives and the Senate, that ade11 quate domestic supplies are not available to meet Depart12 ment of Defense requirements on a timely basis and that 

13 such an acquisition must be made in order to acquire ca14 pability for national security purposes: Provided further, 

15 That this restriction shall not apply to the purchase of 

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

17 Office of Federal Procurement Policy Act, except that the 

18 restriction shall apply to ball or roller bearings purchased 

19 as end items. 

20 SEC. 8060. Notwithstanding any other provision of 

21 law, funds available to the Department of Defense shall 

22 be made available to provide transportation of medical 

23 supplies and equipment, on a nonreimbursable basis, to 

24 American Samoa, and funds available to the Department 

25 of Defense shall be made available to provide transpor-
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1 tation of medical supplies and equipment, on a non2 reimbursable basis, to the Indian Health Service when it 

3 is in conjunction with a civil-military project. 

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

5 used to purchase any supercomputer which is not manu6 factured in the United States, unless the Secretary of De7 fense certifies to the congressional defense committees 

8 that such an acquisition must be made in order to acquire 

9 capability for national security purposes that is not avail10 able from United States manufacturers. 

11 SEC. 8062. (a) The total amount appropriated or oth12 erwise made available in titles II, III and IV of this Act 

13 is hereby reduced by $835,000,000 to reflect savings from 

14 revised economic assumptions. 

15 (b) The Secretary of Defense shall allocate this re16 duction proportionally to each budget activity, activity 

17 group, subactivity group, and each program, project, and 

18 activity within each applicable appropriation account. 

19 SEC. 8063. Notwithstanding any other provision of 

20 law, each contract awarded by the Department of Defense 

21 during the current fiscal year for construction or service 

22 performed in whole or in part in a State (as defined in 

23 section 381(d) of title 10, United States Code) which is 

24 not contiguous with another State and has an unemploy25 ment rate in excess of the national average rate of unem-
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1 ployment as determined by the Secretary of Labor, shall 

2 include a provision requiring the contractor to employ, for 

3 the purpose of performing that portion of the contract in 

4 such State that is not contiguous with another State, indi5 viduals who are residents of such State and who, in the 

6 case of any craft or trade, possess or would be able to 

7 acquire promptly the necessary skills: Provided, That the 

8 Secretary of Defense may waive the requirements of this 

9 section, on a case-by-case basis, in the interest of national 

10 security. 

11 SEC. 8064. None of the funds made available in this 

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

13 officer or employee of the Department of Defense who ap14 proves or implements the transfer of administrative re15 sponsibilities or budgetary resources of any program, 

16 project, or activity financed by this Act to the jurisdiction 

17 of another Federal agency not financed by this Act with18 out the express authorization of Congress: Provided, That 

19 this limitation shall not apply to transfers of funds ex20 pressly provided for in Defense Appropriations Acts, or 

21 provisions of Acts providing supplemental appropriations 

22 for the Department of Defense. 

23 SEC. 8065. (a) LIMITATION ON TRANSFER OF DE24 FENSE ARTICLES AND SERVICES.—Notwithstanding any 

25 other provision of law, none of the funds available to the 
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1 Department of Defense for the current fiscal year may be 

2 obligated or expended to transfer to another nation or an 

3 international organization any defense articles or services 

4 (other than intelligence services) for use in the activities 

5 described in subsection (b) unless the congressional de6 fense committees, the Committee on International Rela7 tions of the House of Representatives, and the Committee 

8 on Foreign Relations of the Senate are notified 15 days 

9 in advance of such transfer. 

10 (b) COVERED ACTIVITIES.—This section applies to— 

11 (1) any international peacekeeping or peace-en12 forcement operation under the authority of chapter 

13 VI or chapter VII of the United Nations Charter 

14 under the authority of a United Nations Security 

15 Council resolution; and 

16 (2) any other international peacekeeping, peace17 enforcement, or humanitarian assistance operation. 

18 (c) REQUIRED NOTICE.—A notice under subsection 

19 (a) shall include the following: 

20 (1) A description of the equipment, supplies, or 

21 services to be transferred. 

22 (2) A statement of the value of the equipment, 

23 supplies, or services to be transferred. 

24 (3) In the case of a proposed transfer of equip25 ment or supplies— 
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1 (A) a statement of whether the inventory 

2 requirements of all elements of the Armed 

3 Forces (including the reserve components) for 

4 the type of equipment or supplies to be trans5 ferred have been met; and 

6 (B) a statement of whether the items pro7 posed to be transferred will have to be replaced 

8 and, if so, how the President proposes to pro9 vide funds for such replacement. 

10 SEC. 8066. To the extent authorized by subchapter 

11 VI of chapter 148 of title 10, United States Code, the 

12 Secretary of Defense may issue loan guarantees in support 

13 of United States defense exports not otherwise provided 

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

15 United States for guarantees issued under the authority 

16 of this section may not exceed $15,000,000,000: Provided 

17 further, That the exposure fees charged and collected by 

18 the Secretary for each guarantee shall be paid by the 

19 country involved and shall not be financed as part of a 

20 loan guaranteed by the United States: Provided further, 

21 That the Secretary shall provide quarterly reports to the 

22 Committees on Appropriations, Armed Services, and For23 eign Relations of the Senate and the Committees on Ap24 propriations, Armed Services, and International Relations 

25 in the House of Representatives on the implementation of 
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1 this program: Provided further, That amounts charged for 

2 administrative fees and deposited to the special account 

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

4 available for paying the costs of administrative expenses 

5 of the Department of Defense that are attributable to the 

6 loan guarantee program under subchapter VI of chapter 

7 148 of title 10, United States Code. 

8 SEC. 8067. None of the funds available to the De9 partment of Defense under this Act shall be obligated or 

10 expended to pay a contractor under a contract with the 

11 Department of Defense for costs of any amount paid by 

12 the contractor to an employee when— 

13 (1) such costs are for a bonus or otherwise in 

14 excess of the normal salary paid by the contractor 

15 to the employee; and 

16 (2) such bonus is part of restructuring costs as17 sociated with a business combination. 

18 SEC. 8068. Notwithstanding any other provision of 

19 law, none of the funds provided in this Act may be used 

20 to pay any fee charged by the Department of State for 

21 the purpose of constructing new United States diplomatic 

22 facilities. 

23 (INCLUDING TRANSFER OF FUNDS)

24 SEC. 8069. During the current fiscal year, no more 

25 than $30,000,000 of appropriations made in this Act 

26 under the heading ‘‘Operation and Maintenance, Defense- 
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1 Wide’’ may be transferred to appropriations available for 

2 the pay of military personnel, to be merged with, and to 

3 be available for the same time period as the appropriations 

4 to which transferred, to be used in support of such per5 sonnel in connection with support and services for eligible 

6 organizations and activities outside the Department of De7 fense pursuant to section 2012 of title 10, United States 

8 Code. 

9 SEC. 8070. During the current fiscal year, in the case 

10 of an appropriation account of the Department of Defense 

11 for which the period of availability for obligation has ex12 pired or which has closed under the provisions of section 

13 1552 of title 31, United States Code, and which has a 

14 negative unliquidated or unexpended balance, an obliga15 tion or an adjustment of an obligation may be charged 

16 to any current appropriation account for the same purpose 

17 as the expired or closed account if— 

18 (1) the obligation would have been properly 

19 chargeable (except as to amount) to the expired or 

20 closed account before the end of the period of avail21 ability or closing of that account; 

22 (2) the obligation is not otherwise properly 

23 chargeable to any current appropriation account of 

24 the Department of Defense; and 
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1 (3) in the case of an expired account, the obli2 gation is not chargeable to a current appropriation 

3 of the Department of Defense under the provisions 

4 of section 1405(b)(8) of the National Defense Au5 thorization Act for Fiscal Year 1991, Public Law 

6 101–510, as amended (31 U.S.C. 1551 note): Pro7 vided, That in the case of an expired account, if sub8 sequent review or investigation discloses that there 

9 was not in fact a negative unliquidated or unex10 pended balance in the account, any charge to a cur11 rent account under the authority of this section shall 

12 be reversed and recorded against the expired ac13 count: Provided further, That the total amount 

14 charged to a current appropriation under this sec15 tion may not exceed an amount equal to 1 percent 

16 of the total appropriation for that account. 

17 SEC. 8071. Funds appropriated in title II of this Act 

18 and for the Defense Health Program in title VI of this 

19 Act for supervision and administration costs for facilities 

20 maintenance and repair, minor construction, or design 

21 projects, or any planning studies, environmental assess22 ments, or similar activities related to installation support 

23 functions, may be obligated at the time the reimbursable 

24 order is accepted by the performing activity: Provided, 
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1 That for the purpose of this section, supervision and ad2 ministration costs includes all in-house Government cost. 

3 SEC. 8072. (a) Notwithstanding any other provision 

4 of law, the Chief of the National Guard Bureau may per5 mit the use of equipment of the National Guard Distance 

6 Learning Project by any person or entity on a space-avail7 able, reimbursable basis. The Chief of the National Guard 

8 Bureau shall establish the amount of reimbursement for 

9 such use on a case-by-case basis. 

10 (b) Amounts collected under subsection (a) shall be 

11 credited to funds available for the National Guard Dis12 tance Learning Project and be available to defray the costs 

13 associated with the use of equipment of the project under 

14 that subsection. Such funds shall be available for such 

15 purposes without fiscal year limitation. 

16 SEC. 8073. Using funds available by this Act or any 

17 other Act, the Secretary of the Air Force, pursuant to a 

18 determination under section 2690 of title 10, United 

19 States Code, may implement cost-effective agreements for 

20 required heating facility modernization in the 

21 Kaiserslautern Military Community in the Federal Repub22 lic of Germany: Provided, That in the City of 

23 Kaiserslautern such agreements will include the use of 

24 United States anthracite as the base load energy for mu25 nicipal district heat to the United States Defense installa-
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1 tions: Provided further, That at Landstuhl Army Regional 

2 Medical Center and Ramstein Air Base, furnished heat 

3 may be obtained from private, regional or municipal serv4 ices, if provisions are included for the consideration of 

5 United States coal as an energy source. 

6 SEC. 8074. None of the funds appropriated in title 

7 IV of this Act may be used to procure end-items for deliv8 ery to military forces for operational training, operational 

9 use or inventory requirements: Provided, That this restric10 tion does not apply to end-items used in development, 

11 prototyping, and test activities preceding and leading to 

12 acceptance for operational use: Provided further, That this 

13 restriction does not apply to programs funded within the 

14 National Foreign Intelligence Program: Provided further, 

15 That the Secretary of Defense may waive this restriction 

16 on a case-by-case basis by certifying in writing to the 

17 Committees on Appropriations of the House of Represent18 atives and the Senate that it is in the national security 

19 interest to do so. 

20 SEC. 8075. None of the funds made available in this 

21 Act may be used to approve or license the sale of the F– 

22 22 advanced tactical fighter to any foreign government. 

23 SEC. 8076. (a) The Secretary of Defense may, on a 

24 case-by-case basis, waive with respect to a foreign country 

25 each limitation on the procurement of defense items from 
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1 foreign sources provided in law if the Secretary determines 

2 that the application of the limitation with respect to that 

3 country would invalidate cooperative programs entered 

4 into between the Department of Defense and the foreign 

5 country, or would invalidate reciprocal trade agreements 

6 for the procurement of defense items entered into under 

7 section 2531 of title 10, United States Code, and the 

8 country does not discriminate against the same or similar 

9 defense items produced in the United States for that coun10 try. 

11 (b) Subsection (a) applies with respect to— 

12 (1) contracts and subcontracts entered into on 

13 or after the date of the enactment of this Act; and 

14 (2) options for the procurement of items that 

15 are exercised after such date under contracts that 

16 are entered into before such date if the option prices 

17 are adjusted for any reason other than the applica18 tion of a waiver granted under subsection (a). 

19 (c) Subsection (a) does not apply to a limitation re20 garding construction of public vessels, ball and roller bear21 ings, food, and clothing or textile materials as defined by 

22 section 11 (chapters 50–65) of the Harmonized Tariff 

23 Schedule and products classified under headings 4010, 

24 4202, 4203, 6401 through 6406, 6505, 7019, 7218 
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1 through 7229, 7304.41 through 7304.49, 7306.40, 7502 

2 through 7508, 8105, 8108, 8109, 8211, 8215, and 9404. 

3 SEC. 8077. (a) PROHIBITION.—None of the funds 

4 made available by this Act may be used to support any 

5 training program involving a unit of the security forces 

6 of a foreign country if the Secretary of Defense has re7 ceived credible information from the Department of State 

8 that the unit has committed a gross violation of human 

9 rights, unless all necessary corrective steps have been 

10 taken. 

11 (b) MONITORING.—The Secretary of Defense, in con12 sultation with the Secretary of State, shall ensure that 

13 prior to a decision to conduct any training program re14 ferred to in subsection (a), full consideration is given to 

15 all credible information available to the Department of 

16 State relating to human rights violations by foreign secu17 rity forces. 

18 (c) WAIVER.—The Secretary of Defense, after con19 sultation with the Secretary of State, may waive the prohi20 bition in subsection (a) if he determines that such waiver 

21 is required by extraordinary circumstances. 

22 (d) REPORT.—Not more than 15 days after the exer23 cise of any waiver under subsection (c), the Secretary of 

24 Defense shall submit a report to the congressional defense 

25 committees describing the extraordinary circumstances, 
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1 the purpose and duration of the training program, the 

2 United States forces and the foreign security forces in3 volved in the training program, and the information relat4 ing to human rights violations that necessitates the waiv5 er. 

6 SEC. 8078. (a) The Secretary of Defense, in coordi7 nation with the Secretary of Health and Human Services, 

8 may carry out a program to distribute surplus dental and 

9 medical equipment of the Department of Defense, at no 

10 cost to the Department of Defense, to Indian Health Serv11 ice facilities and to federally-qualified health centers (with12 in the meaning of section 1905(l)(2)(B) of the Social Se13 curity Act (42 U.S.C. 1396d(l)(2)(B))). 

14 (b) In carrying out this provision, the Secretary of 

15 Defense shall give the Indian Health Service a property 

16 disposal priority equal to the priority given to the Depart17 ment of Defense and its twelve special screening programs 

18 in distribution of surplus dental and medical supplies and 

19 equipment. 

20 SEC. 8079. None of the funds appropriated or made 

21 available in this Act to the Department of the Navy shall 

22 be used to develop, lease or procure the T–AKE class of 

23 ships unless the main propulsion diesel engines and 

24 propulsors are manufactured in the United States by a 

25 domestically operated entity: Provided, That the Secretary 
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1 of Defense may waive this restriction on a case-by-case 

2 basis by certifying in writing to the Committees on Appro3 priations of the House of Representatives and the Senate 

4 that adequate domestic supplies are not available to meet 

5 Department of Defense requirements on a timely basis 

6 and that such an acquisition must be made in order to 

7 acquire capability for national security purposes or there 

8 exists a significant cost or quality difference. 

9 SEC. 8080. None of the funds appropriated or other10 wise made available by this or other Department of De11 fense Appropriations Acts may be obligated or expended 

12 for the purpose of performing repairs or maintenance to 

13 military family housing units of the Department of De14 fense, including areas in such military family housing 

15 units that may be used for the purpose of conducting offi16 cial Department of Defense business. 

17 SEC. 8081. Notwithstanding any other provision of 

18 law, funds appropriated in this Act under the heading 

19 ‘‘Research, Development, Test and Evaluation, Defense20 Wide’’ for any advanced concept technology demonstration 

21 project may only be obligated 30 days after a report, in22 cluding a description of the project, the planned acquisi23 tion and transition strategy and its estimated annual and 

24 total cost, has been provided in writing to the congres25 sional defense committees: Provided, That the Secretary 
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1 of Defense may waive this restriction on a case-by-case 

2 basis by certifying to the congressional defense committees 

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

4 SEC. 8082. The Secretary of Defense shall provide 

5 a classified quarterly report, beginning 30 days after en6 actment, to the House and Senate Appropriations Com7 mittees, Subcommittees on Defense on certain matters as 

8 directed in the classified annex accompanying this Act. 

9 SEC. 8083. The amount appropriated in title II for 

10 ‘‘Operation and Maintenance, Air Force’’ is hereby re11 duced by $300,000,000 to reflect cash balance and rate 

12 stabilization adjustments in the Department of Defense 

13 Transportation Working Capital Fund. 

14 SEC. 8084. (a) REGISTERING FINANCIAL MANAGE15 MENT INFORMATION TECHNOLOGY SYSTEMS WITH DOD 

16 CHIEF INFORMATION OFFICER.—None of the funds ap17 propriated in this Act may be used for a mission critical 

18 or mission essential financial management information 

19 technology system (including a system funded by the de20 fense working capital fund) that is not registered with the 

21 Chief Information Officer of the Department of Defense. 

22 A system shall be considered to be registered with that 

23 officer upon the furnishing to that officer of notice of the 

24 system, together with such information concerning the 

25 system as the Secretary of Defense may prescribe. A fi-
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1 nancial management information technology system shall 

2 be considered a mission critical or mission essential infor3 mation technology system as defined by the Under Sec4 retary of Defense (Comptroller). 

5 (b) CERTIFICATIONS AS TO COMPLIANCE WITH FI6 NANCIAL MANAGEMENT MODERNIZATION PLAN.— 

7 (1) During the current fiscal year, a financial 

8 management automated information system, a mixed 

9 information system supporting financial and non-fi10 nancial systems, or a system improvement of more 

11 than $1,000,000 may not receive Milestone A ap12 proval, Milestone B approval, or full rate production, 

13 or their equivalent, within the Department of De14 fense until the Under Secretary of Defense (Comp15 troller) certifies, with respect to that milestone, that 

16 the system is being developed and managed in ac17 cordance with the Department’s Financial Manage18 ment Modernization Plan. The Under Secretary of 

19 Defense (Comptroller) may require additional certifi20 cations, as appropriate, with respect to any such sys21 tem. 

22 (2) The Chief Information Officer shall provide 

23 the congressional defense committees timely notifica24 tion of certifications under paragraph (1). 
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1 (c) CERTIFICATIONS AS TO COMPLIANCE WITH

2 CLINGER-COHEN ACT.— 

3 (1) During the current fiscal year, a major 

4 automated information system may not receive Mile5 stone A approval, Milestone B approval, or full rate 

6 production approval, or their equivalent, within the 

7 Department of Defense until the Chief Information 

8 Officer certifies, with respect to that milestone, that 

9 the system is being developed in accordance with the 

10 Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.). 

11 The Chief Information Officer may require addi12 tional certifications, as appropriate, with respect to 

13 any such system. 

14 (2) The Chief Information Officer shall provide 

15 the congressional defense committees timely notifica16 tion of certifications under paragraph (1). Each 

17 such notification shall include, at a minimum, the 

18 funding baseline and milestone schedule for each 

19 system covered by such a certification and confirma20 tion that the following steps have been taken with 

21 respect to the system: 

22 (A) Business process reengineering. 

23 (B) An analysis of alternatives. 

24 (C) An economic analysis that includes a 

25 calculation of the return on investment. 
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1 (D) Performance measures. 

2 (E) An information assurance strategy 

3 consistent with the Department’s Global Infor4 mation Grid. 

5 (d) DEFINITIONS.—For purposes of this section: 

6 (1) The term ‘‘Chief Information Officer’’ 

7 means the senior official of the Department of De8 fense designated by the Secretary of Defense pursu9 ant to section 3506 of title 44, United States Code. 

10 (2) The term ‘‘information technology system’’ 

11 has the meaning given the term ‘‘information tech12 nology’’ in section 5002 of the Clinger-Cohen Act of 

13 1996 (40 U.S.C. 1401). 

14 SEC. 8085. During the current fiscal year, none of 

15 the funds available to the Department of Defense may be 

16 used to provide support to another department or agency 

17 of the United States if such department or agency is more 

18 than 90 days in arrears in making payment to the Depart19 ment of Defense for goods or services previously provided 

20 to such department or agency on a reimbursable basis: 

21 Provided, That this restriction shall not apply if the de22 partment is authorized by law to provide support to such 

23 department or agency on a nonreimbursable basis, and is 

24 providing the requested support pursuant to such author25 ity: Provided further, That the Secretary of Defense may 
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1 waive this restriction on a case-by-case basis by certifying 

2 in writing to the Committees on Appropriations of the 

3 House of Representatives and the Senate that it is in the 

4 national security interest to do so. 

5 SEC. 8086. None of the funds provided in this Act 

6 may be used to transfer to any nongovernmental entity 

7 ammunition held by the Department of Defense that has 

8 a center-fire cartridge and a United States military no9 menclature designation of ‘‘armor penetrator’’, ‘‘armor 

10 piercing (AP)’’, ‘‘armor piercing incendiary (API)’’, or 

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

12 entity performing demilitarization services for the Depart13 ment of Defense under a contract that requires the entity 

14 to demonstrate to the satisfaction of the Department of 

15 Defense that armor piercing projectiles are either: (1) ren16 dered incapable of reuse by the demilitarization process; 

17 or (2) used to manufacture ammunition pursuant to a con18 tract with the Department of Defense or the manufacture 

19 of ammunition for export pursuant to a License for Per20 manent Export of Unclassified Military Articles issued by 

21 the Department of State. 

22 SEC. 8087. Notwithstanding any other provision of 

23 law, the Chief of the National Guard Bureau, or his des24 ignee, may waive payment of all or part of the consider25 ation that otherwise would be required under 10 U.S.C. 
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1 2667, in the case of a lease of personal property for a 

2 period not in excess of 1 year to any organization specified 

3 in 32 U.S.C. 508(d), or any other youth, social, or fra4 ternal non-profit organization as may be approved by the 

5 Chief of the National Guard Bureau, or his designee, on 

6 a case-by-case basis. 

7 SEC. 8088. None of the funds appropriated by this 

8 Act shall be used for the support of any nonappropriated 

9 funds activity of the Department of Defense that procures 

10 malt beverages and wine with nonappropriated funds for 

11 resale (including such alcoholic beverages sold by the 

12 drink) on a military installation located in the United 

13 States unless such malt beverages and wine are procured 

14 within that State, or in the case of the District of Colum15 bia, within the District of Columbia, in which the military 

16 installation is located: Provided, That in a case in which 

17 the military installation is located in more than one State, 

18 purchases may be made in any State in which the installa19 tion is located: Provided further, That such local procure20 ment requirements for malt beverages and wine shall 

21 apply to all alcoholic beverages only for military installa22 tions in States which are not contiguous with another 

23 State: Provided further, That alcoholic beverages other 

24 than wine and malt beverages, in contiguous States and 
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1 the District of Columbia shall be procured from the most 

2 competitive source, price and other factors considered. 

3 SEC. 8089. Up to $3,000,000 of the funds appro4 priated under the heading ‘‘Operation and Maintenance, 

5 Navy’’ in this Act for the Pacific Missile Range Facility 

6 may be made available to contract for the repair, mainte7 nance, and operation of adjacent off-base water, drainage, 

8 and flood control systems, electrical upgrade to support 

9 additional missions critical to base operations, and support 

10 for a range footprint expansion to further guard against 

11 encroachment. 

12 SEC. 8090. Funds available to the Department of De13 fense for the Global Positioning System during the current 

14 fiscal year may be used to fund civil requirements associ15 ated with the satellite and ground control segments of 

16 such system’s modernization program. 

17 (INCLUDING TRANSFER OF FUNDS)

18 SEC. 8091. (a) Of the amounts appropriated in this 

19 Act under the heading, ‘‘Research, Development, Test and 

20 Evaluation, Defense-Wide’’, $60,000,000 shall remain 

21 available until expended: Provided, That notwithstanding 

22 any other provision of law, the Secretary of Defense is 

23 authorized to transfer such funds to other activities of the 

24 Federal Government. 

25 (b) Of the amounts appropriated in this Act under 

26 the heading, ‘‘Operation and Maintenance, Army’’, 
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1 $210,000,000 shall remain available until expended: Pro2 vided, That notwithstanding any other provision of law, 

3 the Secretary of Defense is authorized to transfer such 

4 funds to other activities of the Federal Government: Pro5 vided further, That the Secretary of Defense is authorized 

6 to enter into and carry out contracts for the acquisition 

7 of real property, construction, personal services, and oper8 ations related to projects described in further detail in the 

9 Classified Annex accompanying the Department of De10 fense Appropriations Act, 2005, consistent with the terms 

11 and conditions set forth therein: Provided further, That 

12 contracts entered into under the authority of this section 

13 may provide for such indemnification as the Secretary de14 termines to be necessary: Provided further, That projects 

15 authorized by this section shall comply with applicable 

16 Federal, State, and local law to the maximum extent con17 sistent with the national security, as determined by the 

18 Secretary of Defense. 

19 SEC. 8092. Section 8106 of the Department of De20 fense Appropriations Act, 1997 (titles I through VIII of 

21 the matter under subsection 101(b) of Public Law 104– 

22 208; 110 Stat. 3009–111; 10 U.S.C. 113 note) shall con23 tinue in effect to apply to disbursements that are made 

24 by the Department of Defense in fiscal year 2005. 
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1 SEC. 8093. (a) Of the amounts appropriated in this 

2 Act under the heading ‘‘Research, Development, Test and 

3 Evaluation, Navy’’, $107,678,000 shall be available for 

4 the construction of the first prototype vessel under the 

5 Littoral Combat Ship program. 

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

7 obligated to prepare a fiscal year 2006 budget request for 

8 a third vessel under the Littoral Combat Ship program 

9 in fiscal year 2006: Provided, That funds for the second 

10 vessel shall be for a second source supplier: Provided fur11 ther, That all subsequent ships shall be purchased with 

12 ‘‘Shipbuilding and Conversion, Navy’’ funds beginning in 

13 fiscal year 2007. 

14 SEC. 8094. The total amount appropriated or other15 wise made available in this Act is hereby reduced by 

16 $500,000,000 to limit excessive growth in the procure17 ment of advisory and assistance services, to be distributed 

18 as follows: 

19 ‘‘Operation and Maintenance, Army’’, 

20 $25,000,000; 

21 ‘‘Operation and Maintenance, Defense-Wide’’, 

22 $225,000,000; 

23 ‘‘Research, Development, Test and Evaluation, 

24 Army’’, $50,000,000; and 
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1 ‘‘Research, Development, Test and Evaluation, 

2 Defense-Wide’’, $200,000,000. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 8095. Of the amounts appropriated in this Act 

5 under the heading ‘‘Research, Development, Test and 

6 Evaluation, Defense-Wide’’, $167,400,000 shall be made 

7 available for the Arrow missile defense program: Provided, 

8 That of this amount, $80,000,000 shall be available for 

9 the purpose of producing Arrow missile components in the 

10 United States and Arrow missile components and missiles 

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

12 with each nation’s laws, regulations and procedures: Pro13 vided further, That funds made available under this provi14 sion for production of missiles and missile components 

15 may be transferred to appropriations available for the pro16 curement of weapons and equipment, to be merged with 

17 and to be available for the same time period and the same 

18 purposes as the appropriation to which transferred: Pro19 vided further, That the transfer authority provided under 

20 this provision is in addition to any other transfer authority 

21 contained in this Act. 

22 (INCLUDING TRANSFER OF FUNDS)

23 SEC. 8096. In addition to amounts provided else24 where in this Act, $40,000,000 is hereby appropriated for 

25 ‘‘Aircraft Procurement, Navy’’: Provided, That these 

26 funds shall be available only for transfer to the Coast 
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1 Guard for mission essential equipment for Coast Guard 

2 HC–130J aircraft. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 8097. Of the amounts appropriated in this Act 

5 under the heading ‘‘Shipbuilding and Conversion, Navy’’, 

6 $484,390,000 shall be available until September 30, 2005, 

7 to fund prior year shipbuilding cost increases: Provided, 

8 That upon enactment of this Act, the Secretary of the 

9 Navy shall transfer such funds to the following appropria10 tions in the amounts specified: Provided further, That the 

11 amounts transferred shall be merged with and be available 

12 for the same purposes as the appropriations to which 

13 transferred: 

14 To: 

15 Under the heading, ‘‘Shipbuilding and 

16 Conversion, Navy, 1996/2005’’: 

17 LPD–17 Amphibious Transport Dock 

18 Ship Program, $55,000,000. 

19 Under the heading, ‘‘Shipbuilding and 

20 Conversion, Navy, 1999/2005’’: 

21 New SSN, $10,000,000; 

22 LPD–17 Amphibious Transport Dock 

23 Ship Program, $38,100,000. 

24 Under the heading, ‘‘Shipbuilding and 

25 Conversion, Navy, 2000/2005’’: 
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1 DDG–51 Destroyer Program, 

2 $44,963,000; 

3 LPD–17 Amphibious Transport Dock 

4 Ship Program, $171,681,000. 

5 Under the heading, ‘‘Shipbuilding and 

6 Conversion, Navy, 2001/2005’’: 

7 DDG–51 Destroyer Program, 

8 $83,316,000; 

9 New SSN, $67,330,000. 

10 Under the heading, ‘‘Shipbuilding and 

11 Conversion, Navy, 2002/2005’’: 

12 LCAC SLEP, $2,100,000. 

13 Under the heading, ‘‘Shipbuilding and 

14 Conversion, Navy, 2003/2005’’: 

15 LCAC SLEP, $11,900,000. 

16 SEC. 8098. None of the funds available to the De17 partment of Defense may be obligated to implement any 

18 action which alters the command responsibility or perma19 nent assignment of forces until 270 days after such plan 

20 has been provided to the congressional defense commit21 tees. 

22 SEC. 8099. Notwithstanding any other provision of 

23 law or regulation, the Secretary of Defense may exercise 

24 the provisions of 38 U.S.C. 7403(g) for occupations listed 

25 in 38 U.S.C. 7403(a)(2) as well as the following: 
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1 Pharmacists, Audiologists, and Dental Hygien2 ists. 

3 (A) The requirements of 38 U.S.C. 

4 7403(g)(1)(A) shall apply. 

5 (B) The limitations of 38 U.S.C. 

6 7403(g)(1)(B) shall not apply. 

7 SEC. 8100. Funds appropriated in Titles I through 

8 VIII of this Act, or made available by the transfer of funds 

9 in this Act, for intelligence activities are deemed to be spe10 cifically authorized by the Congress for purposes of section 

11 504 of the National Security Act of 1947 (50 U.S.C. 414) 

12 during fiscal year 2005 until the enactment of the Intel13 ligence Authorization Act for Fiscal Year 2005: Provided, 

14 That funds included in Title IX of this Act, for intelligence 

15 activities are deemed to be specifically authorized by the 

16 Congress for purposes of section 504 of the National Secu17 rity Act of 1947 (50 U.S.C. 414). 

18 SEC. 8101. In addition to funds made available else19 where in this Act, $5,500,000 is hereby appropriated and 

20 shall remain available until expended to provide assist21 ance, by grant or otherwise (such as, but not limited to, 

22 the provision of funds for repairs, maintenance, construc23 tion, and/or for the purchase of information technology, 

24 text books, teaching resources), to public schools that have 

25 unusually high concentrations of special needs military de-
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1 pendents enrolled: Provided, That in selecting school sys2 tems to receive such assistance, special consideration shall 

3 be given to school systems in States that are considered 

4 overseas assignments, and all schools within these school 

5 systems shall be eligible for assistance: Provided further, 

6 That up to 2 percent of the total appropriated funds under 

7 this section shall be available to support the administra8 tion and execution of the funds or program and/or events 

9 that promote the purpose of this appropriation (e.g. pay10 ment of travel and per diem of school teachers attending 

11 conferences or a meeting that promotes the purpose of this 

12 appropriation and/or consultant fees for on-site training 

13 of teachers, staff, or Joint Venture Education Forum 

14 (JVEF) Committee members): Provided further, That up 

15 to $2,000,000 shall be available for the Department of De16 fense to establish a non-profit trust fund to assist in the 

17 public-private funding of public school repair and mainte18 nance projects, or provide directly to non-profit organiza19 tions who in return will use these monies to provide assist20 ance in the form of repair, maintenance, or renovation to 

21 public school systems that have high concentrations of spe22 cial needs military dependents and are located in States 

23 that are considered overseas assignments: Provided fur24 ther, That to the extent a Federal agency provides this 

25 assistance, by contract, grant, or otherwise, it may accept 
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1 and expend non-Federal funds in combination with these 

2 Federal funds to provide assistance for the authorized 

3 purpose, if the non-Federal entity requests such assistance 

4 and the non-Federal funds are provided on a reimbursable 

5 basis. 

6 SEC. 8102. None of the funds in this Act may be 

7 used to initiate a new start program without 30 days prior 

8 written notification to the Office of Secretary of Defense 

9 and the congressional defense committees. 

10 SEC. 8103. (a) The total amount appropriated or oth11 erwise made available in this Act is hereby reduced by 

12 $808,100,000 to reflect excessive unobligated balances, to 

13 be distributed as follows: 

14 ‘‘Operation and Maintenance, Army’’, 

15 $160,800,000; 

16 ‘‘Operation and Maintenance, Navy’’, 

17 $171,900,000; 

18 ‘‘Operation and Maintenance, Marine Corps’’, 

19 $15,700,000; 

20 ‘‘Operation and Maintenance, Air Force’’, 

21 $142,400,000; and 

22 ‘‘Operation and Maintenance, Defense-Wide’’, 

23 $317,300,000. 

24 (b) The Secretary of Defense shall allocate this re25 duction proportionally to each budget activity, activity 
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1 group, subactivity group, and each program, project, and 

2 activity within each applicable appropriation account. 

3 SEC. 8104. FINANCING AND FIELDING OF KEY ARMY

4 CAPABILITIES. The Department of Defense and the De5 partment of the Army shall make future budgetary and 

6 programming plans to fully finance the Non-Line of Sight 

7 (NLOS) Future Force cannon and resupply vehicle pro8 gram in order to field this system in the 2008 timeframe. 

9 As an interim capability to enhance Army lethality, surviv10 ability, and mobility for light and medium forces before 

11 complete fielding of the Future Force, the Army shall en12 sure that budgetary and programmatic plans will provide 

13 for no fewer than six Stryker Brigade Combat Teams to 

14 be fielded between 2003 and 2008. 

15 SEC. 8105. Of the funds made available in this Act, 

16 not less than $87,900,000 shall be available to maintain 

17 an attrition reserve force of 18 B–52 aircraft, of which 

18 $3,700,000 shall be available from ‘‘Military Personnel, 

19 Air Force’’, $55,300,000 shall be available from ‘‘Oper20 ation and Maintenance, Air Force’’, and $28,900,000 

21 shall be available from ‘‘Aircraft Procurement, Air Force’’: 

22 Provided, That the Secretary of the Air Force shall main23 tain a total force of 94 B–52 aircraft, including 18 attri24 tion reserve aircraft, during fiscal year 2005: Provided fur25 ther, That the Secretary of Defense shall include in the 
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1 Air Force budget request for fiscal year 2006 amounts 

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

3 SEC. 8106. Of the funds made available under the 

4 heading ‘‘Operation and Maintenance, Air Force’’, 

5 $9,000,000 shall be available to realign railroad track on 

6 Elmendorf Air Force Base and Fort Richardson: Provided, 

7 That of the funds made available under the heading ‘‘Op8 eration and Maintenance, Air Force’’, $14,000,000 shall 

9 be available for engineering and environment studies nec10 essary to extend the railroad to Stryker Brigade Combat 

11 Team training areas north of Fort Wainwright, Alaska: 

12 Provided further, That the Secretary of the Air Force is 

13 authorized, using funds available under the heading ‘‘Op14 eration and Maintenance, Air Force’’, to complete a 

15 phased repair project, which repairs may include upgrades 

16 and additions, to the infrastructure of the operational 

17 ranges managed by the Air Force in Alaska. The total cost 

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

19 (TRANSFER OF FUNDS)

20 SEC. 8107. Of the amounts appropriated in Public 

21 Law 107–206 under the heading ‘‘Defense Emergency Re22 sponse Fund’’, an amount up to the fair market value of 

23 the leasehold interest in adjacent properties necessary for 

24 the force protection requirements of Tooele Army Depot, 

25 Utah, may be made available to resolve any property dis26 putes associated with Tooele Army Depot, Utah, and to 
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1 acquire such leasehold interest as required: Provided, That 

2 none of these funds may be used to acquire fee title to 

3 the properties. 

4 SEC. 8108. None of the funds appropriated in this 

5 Act under the heading ‘‘Overseas Contingency Operations 

6 Transfer Account’’ may be transferred or obligated for 

7 Department of Defense expenses not directly related to the 

8 conduct of overseas contingencies: Provided, That the Sec9 retary of Defense shall submit a report no later than 30 

10 days after the end of each fiscal quarter to the Committees 

11 on Appropriations of the Senate and House of Representa12 tives that details any transfer of funds from the ‘‘Overseas 

13 Contingency Operations Transfer Account’’: Provided fur14 ther, That the report shall explain any transfer for the 

15 maintenance of real property, pay of civilian personnel, 

16 base operations support, and weapon, vehicle or equipment 

17 maintenance. 

18 SEC. 8109. For purposes of section 1553(b) of title 

19 31, United States Code, any subdivision of appropriations 

20 made in this Act under the heading ‘‘Shipbuilding and 

21 Conversion, Navy’’ shall be considered to be for the same 

22 purpose as any subdivision under the heading ‘‘Ship23 building and Conversion, Navy’’ appropriations in any 

24 prior fiscal year, and the 1 percent limitation shall apply 

25 to the total amount of the appropriation. 
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1 SEC. 8110. The budget of the President for fiscal 

2 year 2006 submitted to the Congress pursuant to section 

3 1105 of title 31, United States Code shall include separate 

4 budget justification documents for costs of United States 

5 Armed Forces’ participation in contingency operations for 

6 the Military Personnel accounts, the Operation and Main7 tenance accounts, and the Procurement accounts: Pro8 vided, That these documents shall include a description 

9 of the funding requested for each contingency operation, 

10 for each military service, to include all Active and Reserve 

11 components, and for each appropriations account: Pro12 vided further, That these documents shall include esti13 mated costs for each element of expense or object class, 

14 a reconciliation of increases and decreases for each contin15 gency operation, and programmatic data including, but 

16 not limited to, troop strength for each Active and Reserve 

17 component, and estimates of the major weapons systems 

18 deployed in support of each contingency: Provided further, 

19 That these documents shall include budget exhibits OP– 

20 5 and OP–32 (as defined in the Department of Defense 

21 Financial Management Regulation) for all contingency op22 erations for the budget year and the two preceding fiscal 

23 years. 

24 SEC. 8111. None of the funds in this Act may be 

25 used for research, development, test, evaluation, procure-
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1 ment or deployment of nuclear armed interceptors of a 

2 missile defense system. 

3 SEC. 8112. Notwithstanding any other provision of 

4 law, section 2533a(f) of title 10, United States Code, shall 

5 not apply to any fish, shellfish, or seafood product. This 

6 section applies to contracts and subcontracts for the pro7 curement of commercial items notwithstanding section 34 

8 of the Office of Federal Procurement Policy Act (41 

9 U.S.C. 430). 

10 SEC. 8113. Of the amounts provided in title II of this 

11 Act under the heading, ‘‘Operation and Maintenance, De12 fense-Wide’’, $20,000,000 is available for the Regional 

13 Defense Counter-terrorism Fellowship Program, to fund 

14 the education and training of foreign military officers, 

15 ministry of defense civilians, and other foreign security of16 ficials, to include United States military officers and civil17 ian officials whose participation directly contributes to the 

18 education and training of these foreign students. 

19 SEC. 8114. None of the funds appropriated or made 

20 available in this Act shall be used to reduce or disestablish 

21 the operation of the 53rd Weather Reconnaissance Squad22 ron of the Air Force Reserve, if such action would reduce 

23 the WC–130 Weather Reconnaissance mission below the 

24 levels funded in this Act: Provided, That the Air Force 

25 shall allow the 53rd Weather Reconnaissance Squadron to 
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1 perform other missions in support of national defense re2 quirements during the non-hurricane season. 

3 SEC. 8115. (a) Notwithstanding any other provision 

4 of law, none of the funds appropriated or otherwise made 

5 available in this or any other Act may be obligated for 

6 the Terrorism Information Awareness Program: Provided, 

7 That this limitation shall not apply to the program hereby 

8 authorized for Processing, analysis, and collaboration tools 

9 for counterterrorism foreign intelligence, as described in 

10 the Classified Annex accompanying the Department of De11 fense Appropriations Act, 2005, for which funds are ex12 pressly provided in the National Foreign Intelligence Pro13 gram for counterterrorism foreign intelligence purposes. 

14 (b) None of the funds provided for Processing, anal15 ysis, and collaboration tools for counterterrorism foreign 

16 intelligence shall be available for deployment or implemen17 tation except for: 

18 (1) lawful military operations of the United 

19 States conducted outside the United States; or 

20 (2) lawful foreign intelligence activities con21 ducted wholly overseas, or wholly against non-United 

22 States citizens. 

23 (c) In this section, the term ‘‘Terrorism Information 

24 Awareness Program’’ means the program known either as 

25 Terrorism Information Awareness or Total Information 
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1 Awareness, or any successor program, funded by the De2 fense Advanced Research Projects Agency, or any other 

3 Department or element of the Federal Government, in4 cluding the individual components of such Program devel5 oped by the Defense Advanced Research Projects Agency. 

6 SEC. 8116. (a) The total amount appropriated or oth7 erwise made available in title II of this Act is hereby re8 duced by $97,331,000 to limit excessive growth in the 

9 travel and transportation of persons. 

10 (b) The Secretary of Defense shall allocate this re11 duction proportionally to each budget activity, activity 

12 group, subactivity group, and each program, project, and 

13 activity within each applicable appropriation account. 

14 SEC. 8117. (a) Notwithstanding any other provision 

15 of this Act, amounts otherwise provided by this Act in title 

16 I for the following accounts and activities are reduced by 

17 the following amounts: 

18 ‘‘Military Personnel, Army’’, $2,386,000,000; 

19 ‘‘Military Personnel, Navy’’, $2,386,000,000; 

20 ‘‘Military Personnel, Air Force’’, 

21 $2,386,000,000; 

22 in all: $7,158,000,000. 

23 (b) In addition to amounts appropriated elsewhere in 

24 this Act there are hereby appropriated the following 

25 amounts for the following accounts: 
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1 ‘‘Military Personnel, Army’’, $2,386,000,000; 

2 ‘‘Military Personnel, Navy’’, $2,386,000,000; 

3 ‘‘Military Personnel, Air Force’’, 

4 $2,386,000,000; 

5 in all: $7,158,000,000: Provided, That the entire amount 

6 is designated by the Congress as an emergency require7 ment pursuant to section 502 of H. Con. Res. 95, the con8 current resolution on the budget for fiscal year 2004: Pro9 vided further, That the entire amount shall be available 

10 only to the extent that an official budget request for 

11 $7,158,000,000, that includes designation of the entire 

12 amount of the request as an emergency requirement as 

13 defined in H. Con. Res. 95, the concurrent resolution on 

14 the budget for fiscal year 2004, is transmitted by the 

15 President to the Congress. 

16 SEC. 8118. Up to $3,000,000 of the funds appro17 priated under the heading, ‘‘Operation and Maintenance, 

18 Navy’’ in this Act may be made available to contract for 

19 the installation, repair, maintenance, and operation of on20 base and adjacent off-base drainage and flood control sys21 tems critical to base operations and the public health and 

22 safety of community residents in the vicinity of the Naval 

23 Magazine Lualualei. 

24 SEC. 8119. The Secretary of the Navy may settle, 

25 or compromise, and pay any and all admiralty claims 
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1 under 10 U.S.C. 7622 arising out of the collision involving 

2 the U.S.S. GREENEVILLE and the EHIME MARU, in 

3 any amount and without regard to the monetary limita4 tions in subsections (a) and (b) of that section: Provided, 

5 That such payments shall be made from funds available 

6 to the Department of the Navy for operation and mainte7 nance. 

8 SEC. 8120. From funds provided under the heading 

9 ‘‘Operation and Maintenance, Navy’’, the Secretary of the 

10 Navy may make a grant in the amount of $3,000,000 to 

11 the Chicago Public Schools for establishment of a Naval 

12 Military Academy High School, Chicago, Illinois, in part13 nership with the Great Lakes Naval Training Center. 

14 TITLE IX 

15 CONTINGENT EMERGENCY RESERVE FUND 

16 IRAQ FREEDOM FUND

17 (INCLUDING TRANSFER OF FUNDS)

18 For ‘‘Iraq Freedom Fund’’, $25,000,000,000, avail19 able upon enactment, and to remain available for transfer 

20 until September 30, 2006, only to support operations in 

21 Iraq or Afghanistan: Provided, That the entire amount is 

22 designated by the Congress as an emergency requirement 

23 pursuant to section 502 of H. Con. Res. 95, the concur24 rent resolution on the budget for fiscal year 2004: Pro25 vided further, That the funds made available under this 
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1 heading shall be available only to the extent that an offi2 cial budget request for all or part of the funds is trans3 mitted by the President to the Congress and includes des4 ignation of the amount of that request as an emergency 

5 and essential to support activities and agencies in Iraq or 

6 Afghanistan: Provided further, That amounts provided 

7 under this heading shall be available for transfer for the 

8 following activities: 

9 Not less than $14,000,000,000 for ‘‘Operation 

10 and Maintenance, Army’’; 

11 Not less than $500,000,000 for ‘‘Operation and 

12 Maintenance, Navy’’; 

13 Not less than $2,200,000,000 for ‘‘Operation 

14 and Maintenance, Marine Corps’’; 

15 Not less than $200,000,000 for ‘‘Operation and 

16 Maintenance, Air Force’’; 

17 Not less than $695,400,000 for ‘‘Operation and 

18 Maintenance, Defense-Wide’’; 

19 Not less than $1,750,000,000 for procurement 

20 accounts for the purposes of improving Army force 

21 protection, accelerating Army modularity, and pro22 curing essential Army equipment and munitions; 

23 Not less than $554,000,000 for procurement 

24 accounts for the purposes of improving Marine 
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1 Corps force protection, and procuring essential Navy 

2 and Marine Corps equipment and munitions; 

3 Not less than $746,000,000 for ‘‘Defense 

4 Health Program’’, to include contracts entered into 

5 under the TRICARE program, notwithstanding re6 strictions contained elsewhere in this Act; 

7 $1,250,000,000 only for classified programs de8 scribed in further detail in the classified annex ac9 companying this Act; 

10 Not less than $100,000,000 for ‘‘Operation and 

11 Maintenance, Army’’ for the purposes of securing 

12 and destroying conventional munitions in Iraq; 

13 Not less than $504,600,000 for military per14 sonnel accounts; 

15 Up to $740,000,000 for ‘‘Defense Working 

16 Capital Funds’’ for increased fuel costs; 

17 Up to $100,000,000 for ‘‘National Guard and 

18 Reserve Equipment’’; 

19 Up to $100,000,000 for the Department of 

20 Homeland Security, ‘‘United States Coast Guard, 

21 Operating Expenses’’: 

22 Provided further, That in addition to the transfers author23 ized in the preceding proviso, the Secretary of Defense 

24 may transfer the funds provided herein to appropriations 

25 for military personnel; operation and maintenance; ‘‘Over-
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1 seas Humanitarian, Disaster Assistance, and Civic Aid’’; 

2 procurement; research, development, test and evaluation; 

3 ‘‘Defense Working Capital Funds’’; and ‘‘Defense Health 

4 Program’’: Provided further, That the funds transferred 

5 under this heading shall be merged with and shall be avail6 able for the same purposes and for the same time period, 

7 as the appropriation to which transferred: Provided fur8 ther, That the transfer authority provided in this para9 graph is in addition to any other transfer authority avail10 able to the Department of Defense: Provided further, That 

11 upon a determination that all or part of the funds trans12 ferred from this appropriation are not necessary for the 

13 purposes provided herein, such amounts may be trans14 ferred back to this appropriation: Provided further, That 

15 the Secretary of Defense shall, not fewer than 5 days prior 

16 to making transfers from this appropriation, notify the 

17 congressional defense committees in writing of the details 

18 of any such transfer: Provided further, That the Secretary 

19 of Defense shall submit a report no later than 30 days 

20 after the end of each fiscal quarter to the congressional 

21 defense committees summarizing the details of the trans22 fer of funds from this appropriation. 

23 GENERAL PROVISIONS, TITLE IX 

24 SEC. 9001. During the current fiscal year, funds 

25 available to the Department of Defense for operation and 
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1 maintenance may be used, notwithstanding any other pro2 vision of law, to provide supplies, services, transportation, 

3 including airlift and sealift, and other logistical support 

4 to coalition forces supporting military and stability oper5 ations in Iraq and Afghanistan: Provided, That the Sec6 retary of Defense shall provide quarterly reports to the 

7 congressional defense committees regarding support pro8 vided under this section. 

9 SEC. 9002. Notwithstanding any other provision of 

10 law, from funds made available in this Act to the Depart11 ment of Defense under the heading ‘‘Operation and Main12 tenance, Defense-Wide’’, not to exceed $250,000,000 may 

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

14 of the Secretary of State, to provide assistance only to the 

15 New Iraqi Army and the Afghan National Army to en16 hance their capability to combat terrorism and to support 

17 U.S. military operations in Iraq and Afghanistan: Pro18 vided, That such assistance may include the provision of 

19 equipment, supplies, services, training and funding: Pro20 vided further, That the authority to provide assistance 

21 under this section is in addition to any other authority 

22 to provide assistance to foreign nations: Provided further, 

23 That the Secretary of Defense shall notify the congres24 sional defense committees not less than 15 days before 

25 providing assistance under the authority of this section. 
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1 SEC. 9003. During the current fiscal year, from 

2 funds made available in this Act to the Department of De3 fense for operation and maintenance, not to exceed 

4 $300,000,000 may be used, notwithstanding any other 

5 provision of law, to fund the Commander’s Emergency Re6 sponse Program, established by the Administrator of the 

7 Coalition Provisional Authority for the purpose of enabling 

8 military commanders in Iraq to respond to urgent humani9 tarian relief and reconstruction requirements within their 

10 areas of responsibility by carrying out programs that will 

11 immediately assist the Iraqi people, and to fund a similar 

12 program to assist the people of Afghanistan: Provided, 

13 That the Secretary of Defense shall provide quarterly re14 ports to the congressional defense committees regarding 

15 the source of funds and the allocation and use of funds 

16 made available pursuant to the authority provided in this 

17 section. 

18 SEC. 9004. Section 202(b) of the Afghanistan Free19 dom Support Act of 2002 (Public Law 107–327, as 

20 amended by section 2206 of Public Law 108–106) is 

21 amended by striking ‘‘$450,000,000’’ and inserting in lieu 

22 of thereof ‘‘$550,000,000’’. 

23 SEC. 9005. None of the funds provided in this title 

24 may be used to finance programs or activities denied by 

25 Congress in fiscal years 2004 and 2005 appropriations to 
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1 the Department of Defense or to initiate a procurement 

2 or research, development, test and evaluation new start 

3 program without 30 days prior written notification to the 

4 congressional defense committees. 

5 This Act may be cited as the ‘‘Department of Defense 

6 Appropriations Act, 2005’’. 
Calendar No. 593 

108TH CONGRESS 

2D SESSION S. 2559 

A BILL 

Making appropriations for the Department of De2005, and for other purposes. fense for the fiscal year ending September 30, 

JUNE 22, 2004 

Read twice and placed on the calendar