In the Senate of the United States,

June 24, 2004.

Resolved, That the bill from the House of Representatives (H.R. 4613) entitled ‘‘An Act making appropriations for

the Department of Defense for the fiscal year ending September 30, 2005, and for other purposes.’’, do pass with the

following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

3 fiscal year ending September 30, 2005, for military func4 tions administered by the Department of Defense, and for

5 other purposes, namely:
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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 station

6 travel (including all expenses thereof for organizational

7 movements), and expenses of temporary duty travel between

8 permanent duty stations, for members of the Army on active

9 duty, (except members of reserve components provided for

10 elsewhere), cadets, and aviation cadets; and for payments

11 pursuant to section 156 of Public Law 97–377, as amended

12 (42 U.S.C. 402 note), and to the Department of Defense

13 Military Retirement Fund, $29,457,797,000.

14 MILITARY PERSONNEL, NAVY

15 For pay, allowances, individual clothing, subsistence,

16 interest on deposits, gratuities, permanent change of station

17 travel (including all expenses thereof for organizational

18 movements), and expenses of temporary duty travel between

19 permanent duty stations, for members of the Navy on active

20 duty (except members of the Reserve provided for elsewhere),

21 midshipmen, and aviation cadets; and for payments pursu22 ant to section 156 of Public Law 97–377, as amended (42

23 U.S.C. 402 note), and to the Department of Defense Mili24 tary Retirement Fund, $24,330,171,000.
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1 MILITARY PERSONNEL, MARINE CORPS

2 For pay, allowances, individual clothing, subsistence,

3 interest on deposits, gratuities, permanent change of station

4 travel (including all expenses thereof for organizational

5 movements), and expenses of temporary duty travel between

6 permanent duty stations, for members of the Marine Corps

7 on active duty (except members of the Reserve provided for

8 elsewhere); and for payments pursuant to section 156 of

9 Public Law 97–377, as amended (42 U.S.C. 402 note), and

10 to the Department of Defense Military Retirement Fund,

11 $9,567,768,000.

12 MILITARY PERSONNEL, AIR FORCE

13 For pay, allowances, individual clothing, subsistence,

14 interest on deposits, gratuities, permanent change of station

15 travel (including all expenses thereof for organizational

16 movements), and expenses of temporary duty travel between

17 permanent duty stations, for members of the Air Force on

18 active duty (except members of reserve components provided

19 for elsewhere), cadets, and aviation cadets; and for pay20 ments pursuant to section 156 of Public Law 97–377, as

21 amended (42 U.S.C. 402 note), and to the Department of

22 Defense Military Retirement Fund, $24,165,011,000.

23 RESERVE PERSONNEL, ARMY

24 For pay, allowances, clothing, subsistence, gratuities,

25 travel, and related expenses for personnel of the Army Re-
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1 serve on active duty under sections 10211, 10302, and 3038

2 of title 10, United States Code, or while serving on active

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

4 in connection with performing duty specified in section

5 12310(a) of title 10, United States Code, or while under6 going reserve training, or while performing drills or equiva7 lent duty or other duty, and for members of the Reserve

8 Officers’ Training Corps, and expenses authorized by sec9 tion 16131 of title 10, United States Code; and for pay10 ments to the Department of Defense Military Retirement

11 Fund, $3,675,390,000.

12 RESERVE PERSONNEL, NAVY

13 For pay, allowances, clothing, subsistence, gratuities,

14 travel, and related expenses for personnel of the Navy Re15 serve on active duty under section 10211 of title 10, United

16 States Code, or while serving on active duty under section

17 12301(d) of title 10, United States Code, in connection with

18 performing duty specified in section 12310(a) of title 10,

19 United States Code, or while undergoing reserve training,

20 or while performing drills or equivalent duty, and for mem21 bers of the Reserve Officers’ Training Corps, and expenses

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

23 and for payments to the Department of Defense Military

24 Retirement Fund, $2,132,432,000.
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1 RESERVE PERSONNEL, MARINE CORPS

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

3 travel, and related expenses for personnel of the Marine

4 Corps Reserve on active duty under section 10211 of title

5 10, United States Code, or while serving on active duty

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

7 connection with performing duty specified in section

8 12310(a) of title 10, United States Code, or while under9 going reserve training, or while performing drills or equiva10 lent duty, and for members of the Marine Corps platoon

11 leaders class, and expenses authorized by section 16131 of

12 title 10, United States Code; and for payments to the De13 partment of Defense Military Retirement Fund,

14 $624,973,000.

15 RESERVE PERSONNEL, AIR FORCE

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

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

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

19 8038 of title 10, United States Code, or while serving on

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

21 Code, in connection with performing duty specified in sec22 tion 12310(a) of title 10, United States Code, or while un23 dergoing reserve training, or while performing drills or

24 equivalent duty or other duty, and for members of the Air

25 Reserve Officers’ Training Corps, and expenses authorized
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1 by section 16131 of title 10, United States Code; and for

2 payments to the Department of Defense Military Retire3 ment Fund, $1,458,650,000.

4 NATIONAL GUARD PERSONNEL, ARMY

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

6 travel, and related expenses for personnel of the Army Na7 tional Guard while on duty under section 10211, 10302,

8 or 12402 of title 10 or section 708 of title 32, United States

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

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

11 in connection with performing duty specified in section

12 12310(a) of title 10, United States Code, or while under13 going training, or while performing drills or equivalent

14 duty or other duty, and expenses authorized by section

15 16131 of title 10, United States Code; and for payments

16 to the Department of Defense Military Retirement Fund,

17 $5,913,329,000.

18 NATIONAL GUARD PERSONNEL, AIR FORCE

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

20 travel, and related expenses for personnel of the Air Na21 tional Guard on duty under section 10211, 10305, or 12402

22 of title 10 or section 708 of title 32, United States Code,

23 or while serving on duty under section 12301(d) of title 10

24 or section 502(f) of title 32, United States Code, in connec25 tion with performing duty specified in section 12310(a) of
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1 title 10, United States Code, or while undergoing training,

2 or while performing drills or equivalent duty or other duty,

3 and expenses authorized by section 16131 of title 10, United

4 States Code; and for payments to the Department of Defense

5 Military Retirement Fund, $2,543,892,000.

6 TITLE II

7 OPERATION AND MAINTENANCE

8 OPERATION AND MAINTENANCE, ARMY

9 For expenses, not otherwise provided for, necessary for

10 the operation and maintenance of the Army, as authorized

11 by law, $25,705,109,000, to remain available for obligation

12 until September 30, 2006: Provided, That not more than

13 $11,000,000 may be used for emergency and extraordinary

14 expenses authorized under section 127 of title 10, United

15 States Code: Provided further, That $5,096,000,000 may

16 not be obligated before September 30, 2005.

17 OPERATION AND MAINTENANCE, NAVY

18 For expenses, not otherwise provided for, necessary for

19 the operation and maintenance of the Navy and Marine

20 Corps, as authorized by law, $29,591,679,000, to remain

21 available for obligation until September 30, 2006: Provided,

22 That not more than $4,000,000 may be used for emergency

23 and extraordinary expenses authorized under section 127

24 of title 10, United States Code: Provided further, That
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1 $5,918,336,000 may not be obligated before September 30,

2 2005.

3 OPERATION AND MAINTENANCE, MARINE CORPS

4 For expenses, not otherwise provided for, necessary for

5 the operation and maintenance of the Marine Corps, as au6 thorized by law, $3,617,473,000: Provided, That not more

7 than $1,000,000 may be used for emergency and extraor8 dinary expenses authorized under section 127 of title 10,

9 United States Code.

10 OPERATION AND MAINTENANCE, AIR FORCE

11 For expenses, not otherwise provided for, necessary for

12 the operation and maintenance of the Air Force, as author13 ized by law, $28,282,160,000, to remain available for obli14 gation until September 30, 2006: Provided, That not more

15 than $7,000,000 may be used for emergency and extraor16 dinary expenses authorized under section 127 of title 10,

17 United States Code: Provided further, That $5,474,432,000

18 may not be obligated before September 30, 2005.

19 OPERATION AND MAINTENANCE, DEFENSE-WIDE

20 (INCLUDING TRANSFER OF FUNDS)

21 For expenses, not otherwise provided for, necessary for

22 the operation and maintenance of activities and agencies

23 of the Department of Defense (other than the military de24 partments), as authorized by law, $17,552,314,000, to re25 main available for obligation until September 30, 2006:
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1 Provided, That not more than $25,000,000 may be used for

2 the Combatant Commander Initiative Fund authorized

3 under section 166a of title 10, United States Code: Provided

4 further, That not more than $32,000,000 may be used for

5 emergency and extraordinary expenses authorized under

6 section 127 of title 10, United States Code: Provided fur7 ther, That none of the funds appropriated or otherwise

8 made available by this Act may be used to plan or imple9 ment the consolidation of a budget or appropriations liai10 son office of the Office of the Secretary of Defense, the office

11 of the Secretary of a military department, or the service

12 headquarters of one of the Armed Forces into a legislative

13 affairs or legislative liaison office: Provided further, That

14 of the funds provided under this heading not less than

15 $28,000,000 shall be made available for the Procurement

16 Technical Assistance Cooperative Agreement Program, of

17 which not less than $3,600,000 shall be available for centers

18 defined in 10 U.S.C. 2411(1)(D): Provided further, That

19 $4,000,000, to remain available until expended, is available

20 only for expenses relating to certain classified activities,

21 and may be transferred as necessary by the Secretary to

22 operation and maintenance appropriations or research, de23 velopment, test and evaluation appropriations, to be merged

24 with and to be available for the same time period as the

25 appropriations to which transferred: Provided further, That
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1 any ceiling on the investment item unit cost of items that

2 may be purchased with operation and maintenance funds

3 shall not apply to the funds described in the preceding pro4 viso: Provided further, That the transfer authority provided

5 under this heading is in addition to any other transfer au6 thority provided elsewhere in this Act: Provided further,

7 That $3,510,463,000 may not be obligated before September

8 30, 2004.

9 OPERATION AND MAINTENANCE, ARMY RESERVE

10 For expenses, not otherwise provided for, necessary for

11 the operation and maintenance, including training, organi12 zation, and administration, of the Army Reserve; repair of

13 facilities and equipment; hire of passenger motor vehicles;

14 travel and transportation; care of the dead; recruiting; pro15 curement of services, supplies, and equipment; and commu16 nications, $1,979,038,000.

17 OPERATION AND MAINTENANCE, NAVY RESERVE

18 For expenses, not otherwise provided for, necessary for

19 the operation and maintenance, including training, organi20 zation, and administration, of the Navy Reserve; repair of

21 facilities and equipment; hire of passenger motor vehicles;

22 travel and transportation; care of the dead; recruiting; pro23 curement of services, supplies, and equipment; and commu24 nications, $1,244,838,000.
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1 OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

2 For expenses, not otherwise provided for, necessary for

3 the operation and maintenance, including training, organi4 zation, and administration, of the Marine Corps Reserve;

5 repair of facilities and equipment; hire of passenger motor

6 vehicles; travel and transportation; care of the dead; recruit7 ing; procurement of services, supplies, and equipment; and

8 communications, $188,696,000.

9 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

10 For expenses, not otherwise provided for, necessary for

11 the operation and maintenance, including training, organi12 zation, and administration, of the Air Force Reserve; repair

13 of facilities and equipment; hire of passenger motor vehicles;

14 travel and transportation; care of the dead; recruiting; pro15 curement of services, supplies, and equipment; and commu16 nications, $2,200,790,000.

17 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

18 For expenses of training, organizing, and admin19 istering the Army National Guard, including medical and

20 hospital treatment and related expenses in non-Federal hos21 pitals; maintenance, operation, and repairs to structures

22 and facilities; hire of passenger motor vehicles; personnel

23 services in the National Guard Bureau; travel expenses

24 (other than mileage), as authorized by law for Army per25 sonnel on active duty, for Army National Guard division,
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1 regimental, and battalion commanders while inspecting

2 units in compliance with National Guard Bureau regula3 tions when specifically authorized by the Chief, National

4 Guard Bureau; supplying and equipping the Army Na5 tional Guard as authorized by law; and expenses of repair,

6 modification, maintenance, and issue of supplies and

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

8 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

9 For operation and maintenance of the Air National

10 Guard, including medical and hospital treatment and re11 lated expenses in non-Federal hospitals; maintenance, oper12 ation, repair, and other necessary expenses of facilities for

13 the training and administration of the Air National Guard,

14 including repair of facilities, maintenance, operation, and

15 modification of aircraft; transportation of things, hire of

16 passenger motor vehicles; supplies, materials, and equip17 ment, as authorized by law for the Air National Guard;

18 and expenses incident to the maintenance and use of sup19 plies, materials, and equipment, including such as may be

20 furnished from stocks under the control of agencies of the

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

22 on the same basis as authorized by law for Air National

23 Guard personnel on active Federal duty, for Air National

24 Guard commanders while inspecting units in compliance

25 with National Guard Bureau regulations when specifically
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1 authorized by the Chief, National Guard Bureau,

2 $4,454,238,000.

3 OVERSEAS CONTINGENCY OPERATIONS TRANSFER

4 ACCOUNT

5 (INCLUDING TRANSFER OF FUNDS)

6 For expenses directly relating to Overseas Contingency

7 Operations by United States military forces, $30,000,000,

8 to remain available until expended: Provided, That the Sec9 retary of Defense may transfer these funds only to military

10 personnel accounts; operation and maintenance accounts

11 within this title; the Defense Health Program appropria12 tion; procurement accounts; research, development, test and

13 evaluation accounts; and to working capital funds: Pro14 vided further, That the funds transferred shall be merged

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

16 the same time period, as the appropriation to which trans17 ferred: Provided further, That upon a determination that

18 all or part of the funds transferred from this appropriation

19 are not necessary for the purposes provided herein, such

20 amounts may be transferred back to this appropriation:

21 Provided further, That the transfer authority provided in

22 this paragraph is in addition to any other transfer author23 ity contained elsewhere in this Act.
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1 UNITED STATES COURT OF APPEALS FOR THE ARMED

2 FORCES

3 For salaries and expenses necessary for the United

4 States Court of Appeals for the Armed Forces, $10,825,000:

5 Provided, That not more than $5,000 may be used for emer6 gency and extraordinary expenses authorized under section

7 127 of title 10, United States Code.

8 ENVIRONMENTAL RESTORATION, ARMY

9 (INCLUDING TRANSFER OF FUNDS)

10 For the Department of the Army, $566,948,000, to re11 main available until transferred: Provided, That the Sec12 retary of the Army shall, upon determining that such funds

13 are required for environmental restoration, reduction and

14 recycling of hazardous waste, removal of unsafe buildings

15 and debris of the Department of the Army, or for similar

16 purposes, transfer the funds made available by this appro17 priation to other appropriations made available to the De18 partment of the Army, to be merged with and to be available

19 for the same purposes and for the same time period as the

20 appropriations to which transferred: Provided further, That

21 upon a determination that all or part of the funds trans22 ferred from this appropriation are not necessary for the

23 purposes provided herein, such amounts may be transferred

24 back to this appropriation.
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1 ENVIRONMENTAL RESTORATION, NAVY

2 (INCLUDING TRANSFER OF FUNDS)

3 For the Department of the Navy, $447,820,000, to re4 main available until transferred: Provided, That the Sec5 retary of the Navy shall, upon determining that such funds

6 are required for environmental restoration, reduction and

7 recycling of hazardous waste, removal of unsafe buildings

8 and debris of the Department of the Navy, or for similar

9 purposes, transfer the funds made available by this appro10 priation to other appropriations made available to the De11 partment of the Navy, to be merged with and to be available

12 for the same purposes and for the same time period as the

13 appropriations to which transferred: Provided further, That

14 upon a determination that all or part of the funds trans15 ferred from this appropriation are not necessary for the

16 purposes provided herein, such amounts may be transferred

17 back to this appropriation.

18 ENVIRONMENTAL RESTORATION, AIR FORCE

19 (INCLUDING TRANSFER OF FUNDS)

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

21 to remain available until transferred: Provided, That the

22 Secretary of the Air Force shall, upon determining that

23 such funds are required for environmental restoration, re24 duction and recycling of hazardous waste, removal of unsafe

25 buildings and debris of the Department of the Air Force,
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1 or for similar purposes, transfer the funds made available

2 by this appropriation to other appropriations made avail3 able to the Department of the Air Force, to be merged with

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

5 time period as the appropriations to which transferred:

6 Provided further, That upon a determination that all or

7 part of the funds transferred from this appropriation are

8 not necessary for the purposes provided herein, such

9 amounts may be transferred back to this appropriation.

10 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

11 (INCLUDING TRANSFER OF FUNDS)

12 For the Department of Defense, $23,684,000, to remain

13 available until transferred: Provided, That the Secretary of

14 Defense shall, upon determining that such funds are re15 quired for environmental restoration, reduction and recy16 cling of hazardous waste, removal of unsafe buildings and

17 debris of the Department of Defense, or for similar purposes,

18 transfer the funds made available by this appropriation to

19 other appropriations made available to the Department of

20 Defense, to be merged with and to be available for the same

21 purposes and for the same time period as the appropria22 tions to which transferred: Provided further, That upon a

23 determination that all or part of the funds transferred from

24 this appropriation are not necessary for the purposes pro-
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1 vided herein, such amounts may be transferred back to this

2 appropriation.

3 ENVIRONMENTAL RESTORATION, FORMERLY USED

4 DEFENSE SITES

5 (INCLUDING TRANSFER OF FUNDS)

6 For the Department of the Army, $276,516,000, to re7 main available until transferred: Provided, That the Sec8 retary of the Army shall, upon determining that such funds

9 are required for environmental restoration, reduction and

10 recycling of hazardous waste, removal of unsafe buildings

11 and debris at sites formerly used by the Department of De12 fense, transfer the funds made available by this appropria13 tion to other appropriations made available to the Depart14 ment of the Army, to be merged with and to be available

15 for the same purposes and for the same time period as the

16 appropriations to which transferred: Provided further, That

17 upon a determination that all or part of the funds trans18 ferred from this appropriation are not necessary for the

19 purposes provided herein, such amounts may be transferred

20 back to this appropriation.

21 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

22 For expenses relating to the Overseas Humanitarian,

23 Disaster, and Civic Aid programs of the Department of De24 fense (consisting of the programs provided under sections

25 401, 402, 404, 2557, and 2561 of title 10, United States
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HR 4613 EAS

1 Code), $59,000,000, to remain available until September

2 30, 2006.

3 FORMER SOVIET UNION THREAT REDUCTION

4 For assistance to the republics of the former Soviet

5 Union, including assistance provided by contract or by

6 grants, for facilitating the elimination and the safe and se7 cure transportation and storage of nuclear, chemical and

8 other weapons; for establishing programs to prevent the pro9 liferation of weapons, weapons components, and weapon10 related technology and expertise; for programs relating to

11 the training and support of defense and military personnel

12 for demilitarization and protection of weapons, weapons

13 components and weapons technology and expertise, and for

14 defense and military contacts, $409,200,000, to remain

15 available until September 30, 2007: Provided, That of the

16 amounts provided under this heading, $15,000,000 shall be

17 available only to support the dismantling and disposal of

18 nuclear submarines, submarine reactor components, and se19 curity enhancements for transport and storage of nuclear

20 warheads in the Russian Far East.

21 TITLE III

22 PROCUREMENT

23 AIRCRAFT PROCUREMENT, ARMY

24 For construction, procurement, production, modifica25 tion, and modernization of aircraft, equipment, including
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1 ordnance, ground handling equipment, spare parts, and ac2 cessories therefor; specialized equipment and training de3 vices; expansion of public and private plants, including the

4 land necessary therefor, for the foregoing purposes, and such

5 lands and interests therein, may be acquired, and construc6 tion prosecuted thereon prior to approval of title; and pro7 curement and installation of equipment, appliances, and

8 machine tools in public and private plants; reserve plant

9 and Government and contractor-owned equipment layaway;

10 and other expenses necessary for the foregoing purposes,

11 $2,653,241,000, to remain available for obligation until

12 September 30, 2007.

13 MISSILE PROCUREMENT, ARMY

14 For construction, procurement, production, modifica15 tion, and modernization of missiles, equipment, including

16 ordnance, ground handling equipment, spare parts, and ac17 cessories therefor; specialized equipment and training de18 vices; expansion of public and private plants, including the

19 land necessary therefor, for the foregoing purposes, and such

20 lands and interests therein, may be acquired, and construc21 tion prosecuted thereon prior to approval of title; and pro22 curement and installation of equipment, appliances, and

23 machine tools in public and private plants; reserve plant

24 and Government and contractor-owned equipment layaway;

25 and other expenses necessary for the foregoing purposes,
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1 $1,378,321,000, to remain available for obligation until

2 September 30, 2007.

3 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

4 VEHICLES, ARMY

5 For construction, procurement, production, and modi6 fication of weapons and tracked combat vehicles, equipment,

7 including ordnance, spare parts, and accessories therefor;

8 specialized equipment and training devices; expansion of

9 public and private plants, including the land necessary

10 therefor, for the foregoing purposes, and such lands and in11 terests therein, may be acquired, and construction pros12 ecuted thereon prior to approval of title; and procurement

13 and installation of equipment, appliances, and machine

14 tools in public and private plants; reserve plant and Gov15 ernment and contractor-owned equipment layaway; and

16 other expenses necessary for the foregoing purposes,

17 $1,698,695,000, to remain available for obligation until

18 September 30, 2007.

19 PROCUREMENT OF AMMUNITION, ARMY

20 For construction, procurement, production, and modi21 fication of ammunition, and accessories therefor; specialized

22 equipment and training devices; expansion of public and

23 private plants, including ammunition facilities authorized

24 by section 2854 of title 10, United States Code, and the

25 land necessary therefor, for the foregoing purposes, and such
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1 lands and interests therein, may be acquired, and construc2 tion prosecuted thereon prior to approval of title; and pro3 curement and installation of equipment, appliances, and

4 machine tools in public and private plants; reserve plant

5 and Government and contractor-owned equipment layaway;

6 and other expenses necessary for the foregoing purposes,

7 $1,606,502,000, to remain available for obligation until

8 September 30, 2007.

9 OTHER PROCUREMENT, ARMY

10 For construction, procurement, production, and modi11 fication of vehicles, including tactical, support, and non12 tracked combat vehicles; the purchase of passenger motor ve13 hicles for replacement only; and the purchase of 1 vehicle

14 required for physical security of personnel, notwithstanding

15 price limitations applicable to passenger vehicles but not

16 to exceed $200,000 per vehicle; communications and elec17 tronic equipment; other support equipment; spare parts,

18 ordnance, and accessories therefor; specialized equipment

19 and training devices; expansion of public and private

20 plants, including the land necessary therefor, for the fore21 going purposes, and such lands and interests therein, may

22 be acquired, and construction prosecuted thereon prior to

23 approval of title; and procurement and installation of

24 equipment, appliances, and machine tools in public and

25 private plants; reserve plant and Government and con-
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1 tractor-owned equipment layaway; and other expenses nec2 essary for the foregoing purposes, $4,685,846,000, to remain

3 available for obligation until September 30, 2007.

4 AIRCRAFT PROCUREMENT, NAVY

5 For construction, procurement, production, modifica6 tion, and modernization of aircraft, equipment, including

7 ordnance, spare parts, and accessories therefor; specialized

8 equipment; expansion of public and private plants, includ9 ing the land necessary therefor, and such lands and inter10 ests therein, may be acquired, and construction prosecuted

11 thereon prior to approval of title; and procurement and in12 stallation of equipment, appliances, and machine tools in

13 public and private plants; reserve plant and Government

14 and contractor-owned equipment layaway, $8,899,367,000,

15 to remain available for obligation until September 30,

16 2007.

17 WEAPONS PROCUREMENT, NAVY

18 For construction, procurement, production, modifica19 tion, and modernization of missiles, torpedoes, other weap20 ons, and related support equipment including spare parts,

21 and accessories therefor; expansion of public and private

22 plants, including the land necessary therefor, and such

23 lands and interests therein, may be acquired, and construc24 tion prosecuted thereon prior to approval of title; and pro25 curement and installation of equipment, appliances, and
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1 machine tools in public and private plants; reserve plant

2 and Government and contractor-owned equipment layaway,

3 $2,222,620,000, to remain available for obligation until

4 September 30, 2007.

5 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

6 CORPS

7 For construction, procurement, production, and modi8 fication of ammunition, and accessories therefor; specialized

9 equipment and training devices; expansion of public and

10 private plants, including ammunition facilities authorized

11 by section 2854 of title 10, United States Code, and the

12 land necessary therefor, for the foregoing purposes, and such

13 lands and interests therein, may be acquired, and construc14 tion prosecuted thereon prior to approval of title; and pro15 curement and installation of equipment, appliances, and

16 machine tools in public and private plants; reserve plant

17 and Government and contractor-owned equipment layaway;

18 and other expenses necessary for the foregoing purposes,

19 $881,140,000, to remain available for obligation until Sep20 tember 30, 2007.

21 SHIPBUILDING AND CONVERSION, NAVY

22 For expenses necessary for the construction, acquisi23 tion, or conversion of vessels as authorized by law, includ24 ing armor and armament thereof, plant equipment, appli25 ances, and machine tools and installation thereof in public
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1 and private plants; reserve plant and Government and con2 tractor-owned equipment layaway; procurement of critical,

3 long leadtime components and designs for vessels to be con4 structed or converted in the future; and expansion of public

5 and private plants, including land necessary therefor, and

6 such lands and interests therein, may be acquired, and con7 struction prosecuted thereon prior to approval of title, as

8 follows:

9 Carrier Replacement Program (AP),

10 $485,184,000;

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

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

13 SSGN, $469,226,000;

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

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

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

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

18 SSBN Submarine Refuelings (AP), $72,171,000;

19 DDG–51 Destroyer, $3,444,950,000;

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

21 LPD–17, $966,559,000;

22 LHD–8, $236,018,000;

23 LHA–R (AP), $175,000,000;

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

25 LCAC Landing Craft Air Cushion, $90,490,000;
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HR 4613 EAS

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

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

3 For outfitting, post delivery, conversions, and

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

5 In all: $10,171,643,000, to remain available for obliga6 tion until September 30, 2009: Provided, That additional

7 obligations may be incurred after September 30, 2009, for

8 engineering services, tests, evaluations, and other such budg9 eted work that must be performed in the final stage of ship

10 construction: Provided further, That none of the funds pro11 vided under this heading for the construction or conversion

12 of any naval vessel to be constructed in shipyards in the

13 United States shall be expended in foreign facilities for the

14 construction of major components of such vessel: Provided

15 further, That none of the funds provided under this heading

16 shall be used for the construction of any naval vessel in

17 foreign shipyards.

18 OTHER PROCUREMENT, NAVY

19 For procurement, production, and modernization of

20 support equipment and materials not otherwise provided

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

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

23 of passenger motor vehicles for replacement only, and the

24 purchase of 9 vehicles required for physical security of per25 sonnel, notwithstanding price limitations applicable to pas-
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HR 4613 EAS

1 senger vehicles but not to exceed $200,000 per vehicle; ex2 pansion of public and private plants, including the land

3 necessary therefor, and such lands and interests therein,

4 may be acquired, and construction prosecuted thereon prior

5 to approval of title; and procurement and installation of

6 equipment, appliances, and machine tools in public and

7 private plants; reserve plant and Government and con8 tractor-owned equipment layaway, $4,797,025,000, to re9 main available for obligation until September 30, 2007.

10 PROCUREMENT, MARINE CORPS

11 For expenses necessary for the procurement, manufac12 ture, and modification of missiles, armament, military

13 equipment, spare parts, and accessories therefor; plant

14 equipment, appliances, and machine tools, and installation

15 thereof in public and private plants; reserve plant and Gov16 ernment and contractor-owned equipment layaway; vehicles

17 for the Marine Corps, including the purchase of passenger

18 motor vehicles for replacement only; and expansion of pub19 lic and private plants, including land necessary therefor,

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

21 construction prosecuted thereon prior to approval of title,

22 $1,266,803,000, to remain available for obligation until

23 September 30, 2007.
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HR 4613 EAS

1 AIRCRAFT PROCUREMENT, AIR FORCE

2 For construction, procurement, and modification of

3 aircraft and equipment, including armor and armament,

4 specialized ground handling equipment, and training de5 vices, spare parts, and accessories therefor; specialized

6 equipment; expansion of public and private plants, Govern7 ment-owned equipment and installation thereof in such

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

9 the foregoing purposes, and such lands and interests therein,

10 may be acquired, and construction prosecuted thereon prior

11 to approval of title; reserve plant and Government and con12 tractor-owned equipment layaway; and other expenses nec13 essary for the foregoing purposes including rents and trans14 portation of things, $13,547,524,000, to remain available

15 for obligation until September 30, 2007.

16 MISSILE PROCUREMENT, AIR FORCE

17 For construction, procurement, and modification of

18 missiles, spacecraft, rockets, and related equipment, includ19 ing spare parts and accessories therefor, ground handling

20 equipment, and training devices; expansion of public and

21 private plants, Government-owned equipment and installa22 tion thereof in such plants, erection of structures, and ac23 quisition of land, for the foregoing purposes, and such lands

24 and interests therein, may be acquired, and construction

25 prosecuted thereon prior to approval of title; reserve plant
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HR 4613 EAS

1 and Government and contractor-owned equipment layaway;

2 and other expenses necessary for the foregoing purposes in3 cluding rents and transportation of things, $4,609,213,000,

4 to remain available for obligation until September 30,

5 2007.

6 PROCUREMENT OF AMMUNITION, AIR FORCE

7 For construction, procurement, production, and modi8 fication of ammunition, and accessories therefor; specialized

9 equipment and training devices; expansion of public and

10 private plants, including ammunition facilities authorized

11 by section 2854 of title 10, United States Code, and the

12 land necessary therefor, for the foregoing purposes, and such

13 lands and interests therein, may be acquired, and construc14 tion prosecuted thereon prior to approval of title; and pro15 curement and installation of equipment, appliances, and

16 machine tools in public and private plants; reserve plant

17 and Government and contractor-owned equipment layaway;

18 and other expenses necessary for the foregoing purposes,

19 $1,353,859,000, to remain available for obligation until

20 September 30, 2007.

21 OTHER PROCUREMENT, AIR FORCE

22 For procurement and modification of equipment (in23 cluding ground guidance and electronic control equipment,

24 and ground electronic and communication equipment), and

25 supplies, materials, and spare parts therefor, not otherwise
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HR 4613 EAS

1 provided for; the purchase of passenger motor vehicles for

2 replacement only, and the purchase of 1 vehicle required

3 for physical security of personnel, notwithstanding price

4 limitations applicable to passenger vehicles but not to ex5 ceed $200,000 per vehicle; lease of passenger motor vehicles;

6 and expansion of public and private plants, Government7 owned equipment and installation thereof in such plants,

8 erection of structures, and acquisition of land, for the fore9 going purposes, and such lands and interests therein, may

10 be acquired, and construction prosecuted thereon, prior to

11 approval of title; reserve plant and Government and con12 tractor-owned equipment layaway, $13,284,897,000, to re13 main available for obligation until September 30, 2007.

14 PROCUREMENT, DEFENSE-WIDE

15 For expenses of activities and agencies of the Depart16 ment of Defense (other than the military departments) nec17 essary for procurement, production, and modification of

18 equipment, supplies, materials, and spare parts therefor,

19 not otherwise provided for; the purchase of passenger motor

20 vehicles for replacement only; expansion of public and pri21 vate plants, equipment, and installation thereof in such

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

23 the foregoing purposes, and such lands and interests therein,

24 may be acquired, and construction prosecuted thereon prior

25 to approval of title; reserve plant and Government and con-
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HR 4613 EAS

1 tractor-owned equipment layaway, $2,867,303,000, to re2 main available for obligation until September 30, 2007.

3 NATIONAL GUARD AND RESERVE EQUIPMENT

4 For procurement of aircraft, missiles, tracked combat

5 vehicles, ammunition, other weapons, and other procure6 ment for the reserve components of the Armed Forces,

7 $500,000,000, to remain available for obligation until Sep8 tember 30, 2007: Provided, That the Chiefs of the Reserve

9 and National Guard components shall, not later than 30

10 days after the enactment of this Act, individually submit

11 to the congressional defense committees the modernization

12 priority assessment for their respective Reserve or National

13 Guard component.

14 DEFENSE PRODUCTION ACT PURCHASES

15 For activities by the Department of Defense pursuant

16 to sections 108, 301, 302, and 303 of the Defense Production

17 Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093),

18 $42,515,000, to remain available until expended.

19 TITLE IV

20 RESEARCH, DEVELOPMENT, TEST AND

21 EVALUATION

22 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

23 For expenses necessary for basic and applied scientific

24 research, development, test and evaluation, including main25 tenance, rehabilitation, lease, and operation of facilities
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HR 4613 EAS

1 and equipment, $10,308,804,000, to remain available for

2 obligation until September 30, 2006.

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

4 For expenses necessary for basic and applied scientific

5 research, development, test and evaluation, including main6 tenance, rehabilitation, lease, and operation of facilities

7 and equipment, $16,748,035,000, to remain available for

8 obligation until September 30, 2006: Provided, That funds

9 appropriated in this paragraph which are available for the

10 V–22 may be used to meet unique operational requirements

11 of the Special Operations Forces: Provided further, That

12 funds appropriated in this paragraph shall be available for

13 the Cobra Judy program.

14 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR

15 FORCE

16 For expenses necessary for basic and applied scientific

17 research, development, test and evaluation, including main18 tenance, rehabilitation, lease, and operation of facilities

19 and equipment, $21,002,308,000, to remain available for

20 obligation until September 30, 2006.

21 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

22 DEFENSE-WIDE

23 For expenses of activities and agencies of the Depart24 ment of Defense (other than the military departments), nec25 essary for basic and applied scientific research, develop-
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HR 4613 EAS

1 ment, test and evaluation; advanced research projects as

2 may be designated and determined by the Secretary of De3 fense, pursuant to law; maintenance, rehabilitation, lease,

4 and operation of facilities and equipment, $20,404,563,000,

5 to remain available for obligation until September 30,

6 2006.

7 OPERATIONAL TEST AND EVALUATION, DEFENSE

8 For expenses, not otherwise provided for, necessary for

9 the independent activities of the Director, Operational Test

10 and Evaluation, in the direction and supervision of oper11 ational test and evaluation, including initial operational

12 test and evaluation which is conducted prior to, and in sup13 port of, production decisions; joint operational testing and

14 evaluation; and administrative expenses in connection

15 therewith, $305,135,000, to remain available for obligation

16 until September 30, 2006.

17 TITLE V

18 REVOLVING AND MANAGEMENT FUNDS

19 DEFENSE WORKING CAPITAL FUNDS

20 For the Defense Working Capital Funds,

21 $1,685,886,000.

22 NATIONAL DEFENSE SEALIFT FUND

23 For National Defense Sealift Fund programs, projects,

24 and activities, and for expenses of the National Defense Re25 serve Fleet, as established by section 11 of the Merchant
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HR 4613 EAS

1 Ship Sales Act of 1946 (50 U.S.C. App. 1744), and for the

2 necessary expenses to maintain and preserve a U.S.-flag

3 merchant fleet to serve the national security needs of the

4 United States, $441,936,000, to remain available until ex5 pended: Provided, That none of the funds provided in this

6 paragraph shall be used to award a new contract that pro7 vides for the acquisition of any of the following major com8 ponents unless such components are manufactured in the

9 United States: auxiliary equipment, including pumps, for

10 all shipboard services; propulsion system components (that

11 is; engines, reduction gears, and propellers); shipboard

12 cranes; and spreaders for shipboard cranes: Provided fur13 ther, That the exercise of an option in a contract awarded

14 through the obligation of previously appropriated funds

15 shall not be considered to be the award of a new contract:

16 Provided further, That the Secretary of the military depart17 ment responsible for such procurement may waive the re18 strictions in the first proviso on a case-by-case basis by cer19 tifying in writing to the Committees on Appropriations of

20 the House of Representatives and the Senate that adequate

21 domestic supplies are not available to meet Department of

22 Defense requirements on a timely basis and that such an

23 acquisition must be made in order to acquire capability for

24 national security purposes.
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HR 4613 EAS

1 TITLE VI

2 OTHER DEPARTMENT OF DEFENSE PROGRAMS

3 DEFENSE HEALTH PROGRAM

4 For expenses, not otherwise provided for, for medical

5 and health care programs of the Department of Defense, as

6 authorized by law, $18,064,811,000, of which

7 $17,299,369,000 shall be for Operation and maintenance,

8 of which not to exceed 2 percent shall remain available until

9 September 30, 2006, and of which up to $8,953,494,000

10 may be available for contracts entered into under the

11 TRICARE program; of which $366,235,000, to remain

12 available for obligation until September 30, 2007, shall be

13 for Procurement; and of which $399,207,000, to remain

14 available for obligation until September 30, 2006, shall be

15 for Research, development, test and evaluation.

16 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, ARMY

17 For expenses, not otherwise provided for, necessary for

18 the destruction of the United States stockpile of lethal chem19 ical agents and munitions in accordance with the provi20 sions of section 1412 of the Department of Defense Author21 ization Act, 1986 (50 U.S.C. 1521), and for the destruction

22 of other chemical warfare materials that are not in the

23 chemical weapon stockpile, $1,373,990,000, of which

24 $1,088,801,000 shall be for Operation and maintenance;

25 $78,980,000 shall be for Procurement to remain available
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HR 4613 EAS

1 until September 30, 2007; $206,209,000 shall be for Re2 search, development, test and evaluation to remain avail3 able until September 30, 2006; and no less than

4 $137,404,000 may be for the Chemical Stockpile Emergency

5 Preparedness Program, of which $44,631,000 shall be for

6 activities on military installations and $92,773,000 shall

7 be to assist State and local governments.

8 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,

9 DEFENSE

10 (INCLUDING TRANSFER OF FUNDS)

11 For drug interdiction and counter-drug activities of

12 the Department of Defense, for transfer to appropriations

13 available to the Department of Defense for military per14 sonnel of the reserve components serving under the provi15 sions of title 10 and title 32, United States Code; for Oper16 ation and maintenance; for Procurement; and for Research,

17 development, test and evaluation, $908,797,000: Provided,

18 That the funds appropriated under this heading shall be

19 available for obligation for the same time period and for

20 the same purpose as the appropriation 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:

25 Provided further, That the transfer authority provided
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HR 4613 EAS

1 under this heading is in addition to any other transfer au2 thority contained elsewhere in this Act.

3 OFFICE OF THE INSPECTOR GENERAL

4 For expenses and activities of the Office of the Inspec5 tor General in carrying out the provisions of the Inspector

6 General Act of 1978, as amended, $244,562,000, of which

7 $242,362,000 shall be for Operation and maintenance, of

8 which not more than $700,000 may be used for emergency

9 and extraordinary expenses authorized under section 127

10 of title 10, United States Code; and of which $2,100,000,

11 to remain available until September 30, 2007, shall be for

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

13 until September 30, 2006, shall be for Research, develop14 ment, test and evaluation.

15 TITLE VII

16 RELATED AGENCIES

17 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

18 DISABILITY SYSTEM FUND

19 For payment to the Central Intelligence Agency Retire20 ment and Disability System Fund, to maintain the proper

21 funding level for continuing the operation of the Central

22 Intelligence Agency Retirement and Disability System,

23 $239,400,000.
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HR 4613 EAS

1 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

2 (INCLUDING TRANSFER OF FUNDS)

3 For necessary expenses of the Intelligence Community

4 Management Account, $319,355,000, of which $26,953,000

5 for the Advanced Research and Development Committee

6 shall remain available until September 30, 2006: Provided,

7 That of the funds appropriated under this heading,

8 $34,911,000 shall be transferred to the Department of Jus9 tice for the National Drug Intelligence Center to support

10 the Department of Defense’s counter-drug intelligence re11 sponsibilities, and of the said amount, $1,500,000 for Pro12 curement shall remain available until September 30, 2007

13 and $1,000,000 for Research, development, test and evalua14 tion shall remain available until September 30, 2006: Pro15 vided further, That the National Drug Intelligence Center

16 shall maintain the personnel and technical resources to pro17 vide timely support to law enforcement authorities and the

18 intelligence community by conducting document and com19 puter exploitation of materials collected in Federal, State,

20 and local law enforcement activity associated with counter21 drug, counter-terrorism, and national security investiga22 tions and operations.
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HR 4613 EAS

1 NATIONAL SECURITY EDUCATION TRUST FUND

2 For the purposes of title VIII of Public Law 102–183,

3 $8,000,000, to be derived from the National Security Edu4 cation Trust Fund, to remain available until expended.

5 TITLE VIII

6 GENERAL PROVISIONS

7 SEC. 8001. No part of any appropriation contained

8 in this Act shall be used for publicity or propaganda pur9 poses not authorized by the Congress.

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

11 of law prohibiting the payment of compensation to, or em12 ployment of, any person not a citizen of the United States

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

14 Provided, That salary increases granted to direct and indi15 rect hire foreign national employees of the Department of

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

17 of the percentage increase authorized by law for civilian

18 employees of the Department of Defense whose pay is com19 puted under the provisions of section 5332 of title 5, United

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

21 provided by the appropriate host nation to its own employ22 ees, whichever is higher: Provided further, That this section

23 shall not apply to Department of Defense foreign service

24 national employees serving at United States diplomatic

25 missions whose pay is set by the Department of State under
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HR 4613 EAS

1 the Foreign Service Act of 1980: Provided further, That the

2 limitations of this provision shall not apply to foreign na3 tional employees of the Department of Defense in the Re4 public of Turkey.

5 SEC. 8003. No part of any appropriation contained

6 in this Act shall remain available for obligation beyond the

7 current fiscal year, unless expressly so provided herein.

8 SEC. 8004. No more than 20 percent of the appropria9 tions in this Act which are limited for obligation during

10 the current fiscal year shall be obligated during the last 2

11 months of the fiscal year: Provided, That this section shall

12 not apply to obligations for support of active duty training

13 of reserve components or summer camp training of the Re14 serve Officers’ Training Corps.

15 (TRANSFER OF FUNDS)

16 SEC. 8005. Upon determination by the Secretary of

17 Defense that such action is necessary in the national inter18 est, he may, with the approval of the Office of Management

19 and Budget, transfer not to exceed $4,000,000,000 of work20 ing capital funds of the Department of Defense or funds

21 made available in this Act to the Department of Defense

22 for military functions (except military construction) be23 tween such appropriations or funds or any subdivision

24 thereof, to be merged with and to be available for the same

25 purposes, and for the same time period, as the appropria26 tion or fund to which transferred: Provided, That such au-
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HR 4613 EAS

1 thority to transfer may not be used unless for higher pri2 ority items, based on unforeseen military requirements,

3 than those for which originally appropriated and in no case

4 where the item for which funds are requested has been de5 nied by the Congress: Provided further, That the Secretary

6 of Defense shall notify the Congress promptly of all transfers

7 made pursuant to this authority or any other authority in

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

9 this Act shall be available to prepare or present a request

10 to the Committees on Appropriations for reprogramming

11 of funds, unless for higher priority items, based on unfore12 seen military requirements, than those for which originally

13 appropriated and in no case where the item for which re14 programming is requested has been denied by the Congress:

15 Provided further, That a request for multiple

16 reprogrammings of funds using authority provided in this

17 section must be made prior to June 30, 2005.

18 (TRANSFER OF FUNDS)

19 SEC. 8006. During the current fiscal year, cash bal20 ances in working capital funds of the Department of De21 fense established pursuant to section 2208 of title 10, United

22 States Code, may be maintained in only such amounts as

23 are necessary at any time for cash disbursements to be made

24 from such funds: Provided, That transfers may be made be25 tween such funds: Provided further, That transfers may be

26 made between working capital funds and the ‘‘Foreign Cur-
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HR 4613 EAS

1 rency Fluctuations, Defense’’ appropriation and the ‘‘Oper2 ation and Maintenance’’ appropriation accounts in such

3 amounts as may be determined by the Secretary of Defense,

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

5 except that such transfers may not be made unless the Sec6 retary of Defense has notified the Congress of the proposed

7 transfer. Except in amounts equal to the amounts appro8 priated to working capital funds in this Act, no obligations

9 may be made against a working capital fund to procure

10 or increase the value of war reserve material inventory, un11 less the Secretary of Defense has notified the Congress prior

12 to any such obligation.

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

14 be used to initiate a special access program without prior

15 notification 30 calendar days in session in advance to the

16 congressional defense committees.

17 SEC. 8008. None of the funds provided in this Act shall

18 be available to initiate: (1) a multiyear contract that em19 ploys economic order quantity procurement in excess of

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

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

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

23 multiyear contract that employs economic order quantity

24 procurement in excess of $20,000,000 in any 1 year, unless

25 the congressional defense committees have been notified at
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HR 4613 EAS

1 least 30 days in advance of the proposed contract award:

2 Provided, That no part of any appropriation contained in

3 this Act shall be available to initiate a multiyear contract

4 for which the economic order quantity advance procurement

5 is not funded at least to the limits of the Government’s li6 ability: Provided further, That no part of any appropria7 tion contained in this Act shall be available to initiate

8 multiyear procurement contracts for any systems or compo9 nent thereof if the value of the multiyear contract would

10 exceed $500,000,000 unless specifically provided in this Act:

11 Provided further, That no multiyear procurement contract

12 can be terminated without 10-day prior notification to the

13 congressional defense committees: Provided further, That the

14 execution of multiyear authority shall require the use of a

15 present value analysis to determine lowest cost compared

16 to an annual procurement.

17 Funds appropriated in title III of this Act may be

18 used for multiyear procurement contracts as follows:

19 155 mm Lightweight Towed Howitzer.

20 SEC. 8009. Within the funds appropriated for the oper21 ation and maintenance of the Armed Forces, funds are here22 by appropriated pursuant to section 401 of title 10, United

23 States Code, for humanitarian and civic assistance costs

24 under chapter 20 of title 10, United States Code. Such funds

25 may also be obligated for humanitarian and civic assist-
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HR 4613 EAS

1 ance costs incidental to authorized operations and pursuant

2 to authority granted in section 401 of chapter 20 of title

3 10, United States Code, and these obligations shall be re4 ported as required by section 401(d) of title 10, United

5 States Code: Provided, That funds available for operation

6 and maintenance shall be available for providing humani7 tarian and similar assistance by using Civic Action Teams

8 in the Trust Territories of the Pacific Islands and freely

9 associated states of Micronesia, pursuant to the Compact

10 of Free Association as authorized by Public Law 99–239:

11 Provided further, That upon a determination by the Sec12 retary of the Army that such action is beneficial for grad13 uate medical education programs conducted at Army med14 ical facilities located in Hawaii, the Secretary of the Army

15 may authorize the provision of medical services at such fa16 cilities and transportation to such facilities, on a non17 reimbursable basis, for civilian patients from American

18 Samoa, the Commonwealth of the Northern Mariana Is19 lands, the Marshall Islands, the Federated States of Micro20 nesia, Palau, and Guam.

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

22 personnel of the Department of Defense may not be man23 aged on the basis of any end-strength, and the management

24 of such personnel during that fiscal year shall not be subject

25 to any constraint or limitation (known as an end-strength)
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HR 4613 EAS

1 on the number of such personnel who may be employed on

2 the last day of such fiscal year.

3 (b) The fiscal year 2006 budget request for the Depart4 ment of Defense as well as all justification material and

5 other documentation supporting the fiscal year 2006 De6 partment of Defense budget request shall be prepared and

7 submitted to the Congress as if subsections (a) and (b) of

8 this provision were effective with regard to fiscal year 2006.

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

10 to military (civilian) technicians.

11 SEC. 8011. None of the funds appropriated in this or

12 any other Act may be used to initiate a new installation

13 overseas without 30-day advance notification to the Com14 mittees on Appropriations.

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

16 Act shall be used in any way, directly or indirectly, to in17 fluence congressional action on any legislation or appro18 priation matters pending before the Congress.

19 SEC. 8013. None of the funds appropriated by this Act

20 shall be available for the basic pay and allowances of any

21 member of the Army participating as a full-time student

22 and receiving benefits paid by the Secretary of Veterans Af23 fairs from the Department of Defense Education Benefits

24 Fund when time spent as a full-time student is credited

25 toward completion of a service commitment: Provided, That
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HR 4613 EAS

1 this subsection shall not apply to those members who have

2 reenlisted with this option prior to October 1, 1987: Pro3 vided further, That this subsection applies only to active

4 components of the Army.

5 SEC. 8014. (a) LIMITATION ON CONVERSION TO CON6 TRACTOR PERFORMANCE.—None of the funds appropriated

7 by this Act shall be available to convert to contractor per8 formance an activity or function of the Department of De9 fense that, on or after the date of the enactment of this Act,

10 is performed by more than 10 Department of Defense civil11 ian employees unless—

12 (1) the conversion is based on the result of a pub13 lic-private competition that includes a most efficient

14 and cost effective organization plan developed by such

15 activity or function; and

16 (2) the Competitive Sourcing Official determines

17 that, over all performance periods stated in the solici18 tation of offers for performance of the activity or

19 function, the cost of performance of the activity or

20 function by a contractor would be less costly to the

21 Department of Defense by an amount that equals or

22 exceeds the lesser of—

23 (A) 10 percent of the most efficient organi24 zation’s personnel-related costs for performance
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HR 4613 EAS

1 of that activity or function by Federal employ2 ees; or

3 (B) $10,000,000.

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

5 without regard to subsection (a) of this section or sub6 sections (a), (b), or (c) of section 2461 of title 10, United

7 States Code, and notwithstanding any administrative regu8 lation, requirement, or policy to the contrary shall have full

9 authority to enter into a contract for the performance of

10 any commercial or industrial type function of the Depart11 ment of Defense that—

12 (A) is included on the procurement list estab13 lished pursuant to section 2 of the Javits-Wagner14 O’Day Act (41 U.S.C. 47);

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

16 a qualified nonprofit agency for the blind or by a

17 qualified nonprofit agency for other severely handi18 capped individuals in accordance with that Act; or

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

20 a qualified firm under at least 51 percent ownership

21 by an Indian tribe, as defined in section 4(e) of the

22 Indian Self-Determination and Education Assistance

23 Act (25 U.S.C. 450b(e)), or a Native Hawaiian Orga24 nization, as defined in section 8(a)(15) of the Small

25 Business Act (15 U.S.C. 637(a)(15)).
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HR 4613 EAS

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

2 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 of

5 any activity or function of the Department of Defense under

6 the authority provided by this section shall be credited to7 ward any competitive or outsourcing goal, target, or meas8 urement that may be established by statute, regulation, or

9 policy and is deemed to be awarded under the authority

10 of, and in compliance with, subsection (h) of section 2304

11 of title 10, United States Code, for the competition or

12 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 agree19 ment pursuant to section 831 of the National Defense Au20 thorization Act for Fiscal Year 1991 (Public Law 101–510;

21 10 U.S.C. 2301 note), as amended, under the authority of

22 this provision or any other transfer authority contained in

23 this Act.

24 SEC. 8016. None of the funds in this Act may be avail25 able for the purchase by the Department of Defense (and

26 its departments and agencies) of welded shipboard anchor
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HR 4613 EAS

1 and mooring chain 4 inches in diameter and under unless

2 the anchor and mooring chain are manufactured in the

3 United States from components which are substantially

4 manufactured in the United States: Provided, That for the

5 purpose of this section manufactured will include cutting,

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

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

8 further, That for the purpose of this section substantially

9 all of the components of anchor and mooring chain shall

10 be considered to be produced or manufactured in the United

11 States if the aggregate cost of the components produced or

12 manufactured in the United States exceeds the aggregate

13 cost of the components produced or manufactured outside

14 the United States: Provided further, That when adequate

15 domestic supplies are not available to meet Department of

16 Defense requirements on a timely basis, the Secretary of the

17 service responsible for the procurement may waive this re18 striction on a case-by-case basis by certifying in writing

19 to the Committees on Appropriations that such an acquisi20 tion must be made in order to acquire capability for na21 tional security purposes.

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

23 available for the Civilian Health and Medical Program of

24 the Uniformed Services (CHAMPUS) or TRICARE shall

25 be available for the reimbursement of any health care pro-
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1 vider for inpatient mental health service for care received

2 when a patient is referred to a provider of inpatient mental

3 health care or residential treatment care by a medical or

4 health care professional having an economic interest in the

5 facility to which the patient is referred: Provided, That this

6 limitation does not apply in the case of inpatient mental

7 health services provided under the program for persons with

8 disabilities under subsection (d) of section 1079 of title 10,

9 United States Code, provided as partial hospital care, or

10 provided pursuant to a waiver authorized by the Secretary

11 of Defense because of medical or psychological circumstances

12 of the patient that are confirmed by a health professional

13 who is not a Federal employee after a review, pursuant to

14 rules prescribed by the Secretary, which takes into account

15 the appropriate level of care for the patient, the intensity

16 of services required by the patient, and the availability of

17 that care.

18 SEC. 8018. Notwithstanding any other provision of

19 law, during the current fiscal year, the Secretary of Defense

20 may, by executive agreement, establish with host nation

21 governments in NATO member states a separate account

22 into which such residual value amounts negotiated in the

23 return of United States military installations in NATO

24 member states may be deposited, in the currency of the host

25 nation, in lieu of direct monetary transfers to the United
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1 States Treasury: Provided, That such credits may be uti2 lized only for the construction of facilities to support United

3 States military forces in that host nation, or such real prop4 erty maintenance and base operating costs that are cur5 rently executed through monetary transfers to such host na6 tions: Provided further, That the Department of Defense’s

7 budget submission for fiscal year 2006 shall identify such

8 sums anticipated in residual value settlements, and identify

9 such construction, real property maintenance or base oper10 ating costs that shall be funded by the host nation through

11 such credits: Provided further, That all military construc12 tion projects to be executed from such accounts must be pre13 viously approved in a prior Act of Congress: Provided fur14 ther, That each such executive agreement with a NATO

15 member host nation shall be reported to the congressional

16 defense committees, the Committee on International Rela17 tions of the House of Representatives and the Committee

18 on Foreign Relations of the Senate 30 days prior to the

19 conclusion and endorsement of any such agreement estab20 lished under this provision.

21 SEC. 8019. None of the funds available to the Depart22 ment of Defense may be used to demilitarize or dispose of

23 M–1 Carbines, M–1 Garand rifles, M–14 rifles, .22 caliber

24 rifles, .30 caliber rifles, or M–1911 pistols.
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1 SEC. 8020. No more than $500,000 of the funds appro2 priated or made available in this Act shall be used during

3 a single fiscal year for any single relocation of an organiza4 tion, unit, activity or function of the Department of Defense

5 into or within the National Capital Region: Provided, That

6 the Secretary of Defense may waive this restriction on a

7 case-by-case basis by certifying in writing to the congres8 sional defense committees that such a relocation is required

9 in the best interest of the Government.

10 SEC. 8021. In addition to the funds provided elsewhere

11 in this Act, $8,000,000 is appropriated only for incentive

12 payments authorized by Section 504 of the Indian Financ13 ing Act of 1974 (25 U.S.C. 1544): Provided, That a prime

14 contractor or a subcontractor at any tier that makes a sub15 contract award to any subcontractor or supplier as defined

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

17 by an individual or individuals defined under 25 U.S.C.

18 4221(9) shall be considered a contractor for the purposes

19 of being allowed additional compensation under section 504

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

21 whenever the prime contract or subcontract amount is over

22 $500,000 and involves the expenditure of funds appro23 priated by an Act making Appropriations for the Depart24 ment of Defense with respect to any fiscal year: Provided

25 further, That notwithstanding 41 U.S.C. 430, this section
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1 shall be applicable to any Department of Defense acquisi2 tion of supplies or services, including any contract and any

3 subcontract at any tier for acquisition of commercial items

4 produced or manufactured, in whole or in part by any sub5 contractor or supplier defined in 25 U.S.C. 1544 or a small

6 business owned and controlled by an individual or individ7 uals defined under 25 U.S.C. 4221(9): Provided further,

8 That businesses certified as 8(a) by the Small Business Ad9 ministration pursuant to section 8(a)(15) of Public Law

10 85–536, as amended, shall have the same status as other

11 program participants under section 602 of Public Law

12 100–656, 102 Stat. 3825 (Business Opportunity Develop13 ment Reform Act of 1988) for purposes of contracting with

14 agencies of the Department of Defense.

15 SEC. 8022. None of the funds appropriated by this Act

16 shall be available to perform any cost study pursuant to

17 the provisions of OMB Circular A–76 if the study being

18 performed exceeds a period of 24 months after initiation

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

20 30 months after initiation of such study for a multi-func21 tion activity.

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

23 American Forces Information Service shall not be used for

24 any national or international political or psychological ac25 tivities.
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1 SEC. 8024. Notwithstanding any other provision of

2 law or regulation, the Secretary of Defense may adjust wage

3 rates for civilian employees hired for certain health care

4 occupations as authorized for the Secretary of Veterans Af5 fairs by section 7455 of title 38, United States Code.

6 SEC. 8025. In addition to the amounts appropriated

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

8 hereby appropriated to the Department of Defense: Pro9 vided, That the Secretary of Defense shall make grants in

10 the amount of $10,000,000 to the Military Aviation Mu11 seum of the Pacific; $10,000,000 to the Wings of Liberty

12 Military Museum at Fort Campbell; $3,000,000 to the

13 United Services Organization; $5,000,000 to the Galena

14 IDEA Distance Learning Program; $2,000,000 to the Na15 tional Museum of Cavalry and Armor at Fort Knox; and

16 $3,000,000 to the Wing Luke Asian Museum.

17 SEC. 8026. In addition to amounts provided elsewhere

18 in this Act, $2,500,000 is hereby appropriated for ‘‘Oper19 ation and Maintenance, Air Force’’ for acquisition by the

20 United States Air Force of Native Allotment F–14589: Pro21 vided, That in consideration of its unauthorized use and

22 contamination of Native Allotment F–14589, consisting of

23 159.7 acres, at Oliktok Point, Alaska, the United States Air

24 Force shall acquire Native Allotment F–14589 by payment

25 of $2,500,000 to the current owners of the Native Allotment.
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1 SEC. 8027. During the current fiscal year, the Depart2 ment of Defense is authorized to incur obligations of not

3 to exceed $350,000,000 for purposes specified in section

4 2350j(c) of title 10, United States Code, in anticipation of

5 receipt of contributions, only from the Government of Ku6 wait, under that section: Provided, That upon receipt, such

7 contributions from the Government of Kuwait shall be cred8 ited to the appropriations or fund which incurred such obli9 gations.

10 (INCLUDING TRANSFER OF FUNDS)

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

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

13 Civil Air Patrol Corporation, of which—

14 (1) $21,588,000 shall be available from ‘‘Oper15 ation and Maintenance, Air Force’’ to support Civil

16 Air Patrol Corporation operation and maintenance,

17 readiness, counterdrug activities, and drug demand

18 reduction activities involving youth programs;

19 (2) $2,581,000 shall be available from ‘‘Aircraft

20 Procurement, Air Force’’; and

21 (3) $802,000 shall be available from ‘‘Other Pro22 curement, Air Force’’ for vehicle procurement.

23 (b) The Secretary of the Air Force should waive reim24 bursement for any funds used by the Civil Air Patrol for

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

26 local government agencies.
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1 SEC. 8029. (a) None of the funds appropriated in this

2 Act are available to establish a new Department of Defense

3 (department) federally funded research and development

4 center (FFRDC), either as a new entity, or as a separate

5 entity administrated by an organization managing another

6 FFRDC, or as a nonprofit membership corporation con7 sisting of a consortium of other FFRDCs and other non8 profit entities.

9 (b) No member of a Board of Directors, Trustees, Over10 seers, Advisory Group, Special Issues Panel, Visiting Com11 mittee, or any similar entity of a defense FFRDC, and no

12 paid consultant to any defense FFRDC, except when acting

13 in a technical advisory capacity, may be compensated for

14 his or her services as a member of such entity, or as a paid

15 consultant by more than one FFRDC in a fiscal year: Pro16 vided, That a member of any such entity referred to pre17 viously in this subsection shall be allowed travel expenses

18 and per diem as authorized under the Federal Joint Travel

19 Regulations, when engaged in the performance of member20 ship duties.

21 (c) Notwithstanding any other provision of law, none

22 of the funds available to the department from any source

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

24 through a fee or other payment mechanism, for construction

25 of new buildings, for payment of cost sharing for projects
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1 funded by Government grants, for absorption of contract

2 overruns, or for certain charitable contributions, not to in3 clude employee participation in community service and/or

4 development.

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

6 funds available to the department during fiscal year 2005,

7 not more than 6,321 staff years of technical effort (staff

8 years) may be funded for defense FFRDCs: Provided, That

9 of the specific amount referred to previously in this sub10 section, not more than 1,050 staff years may be funded for

11 the defense studies and analysis FFRDCs.

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

13 of the department’s fiscal year 2006 budget request, submit

14 a report presenting the specific amounts of staff years of

15 technical effort to be allocated for each defense FFRDC dur16 ing that fiscal year.

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

18 the total amount appropriated in this Act for FFRDCs is

19 hereby reduced by $74,200,000.

20 SEC. 8030. None of the funds appropriated or made

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

22 or armor steel plate for use in any Government-owned facil23 ity or property under the control of the Department of De24 fense which were not melted and rolled in the United States

25 or Canada: Provided, That these procurement restrictions
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1 shall apply to any and all Federal Supply Class 9515,

2 American Society of Testing and Materials (ASTM) or

3 American Iron and Steel Institute (AISI) specifications of

4 carbon, alloy or armor steel plate: Provided further, That

5 the Secretary of the military department responsible for the

6 procurement may waive this restriction on a case-by-case

7 basis by certifying in writing to the Committees on Appro8 priations of the House of Representatives and the Senate

9 that adequate domestic supplies are not available to meet

10 Department of Defense requirements on a timely basis and

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

12 capability for national security purposes: Provided further,

13 That these restrictions shall not apply to contracts which

14 are in being as of the date of the enactment of this Act.

15 SEC. 8031. For the purposes of this Act, the term ‘‘con16 gressional defense committees’’ means the Armed Services

17 Committee of the House of Representatives, the Armed Serv18 ices Committee of the Senate, the Subcommittee on Defense

19 of the Committee on Appropriations of the Senate, and the

20 Subcommittee on Defense of the Committee on Appropria21 tions of the House of Representatives.

22 SEC. 8032. During the current fiscal year, the Depart23 ment of Defense may acquire the modification, depot main24 tenance and repair of aircraft, vehicles and vessels as well

25 as the production of components and other Defense-related
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1 articles, through competition between Department of De2 fense depot maintenance activities and private firms: Pro3 vided, That the Senior Acquisition Executive of the military

4 department or Defense Agency concerned, with power of del5 egation, shall certify that successful bids include comparable

6 estimates of all direct and indirect costs for both public and

7 private bids: Provided further, That Office of Management

8 and Budget Circular A–76 shall not apply to competitions

9 conducted under this section.

10 SEC. 8033. (a)(1) If the Secretary of Defense, after con11 sultation with the United States Trade Representative, de12 termines that a foreign country which is party to an agree13 ment described in paragraph (2) has violated the terms of

14 the agreement by discriminating against certain types of

15 products produced in the United States that are covered by

16 the agreement, the Secretary of Defense shall rescind the

17 Secretary’s blanket waiver of the Buy American Act with

18 respect to such types of products produced in that foreign

19 country.

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

21 reciprocal defense procurement memorandum of under22 standing, between the United States and a foreign country

23 pursuant to which the Secretary of Defense has prospec24 tively waived the Buy American Act for certain products

25 in that country.
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1 (b) The Secretary of Defense shall submit to the Con2 gress a report on the amount of Department of Defense pur3 chases from foreign entities in fiscal year 2005. Such report

4 shall separately indicate the dollar value of items for which

5 the Buy American Act was waived pursuant to any agree6 ment described in subsection (a)(2), the Trade Agreement

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

8 agreement to which the United States is a party.

9 (c) For purposes of this section, the term ‘‘Buy Amer10 ican Act’’ means title III of the Act entitled ‘‘An Act mak11 ing appropriations for the Treasury and Post Office De12 partments for the fiscal year ending June 30, 1934, and

13 for other purposes’’, approved March 3, 1933 (41 U.S.C.

14 10a et seq.).

15 SEC. 8034. Appropriations contained in this Act that

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

17 a result of energy cost savings realized by the Department

18 of Defense shall remain available for obligation for the next

19 fiscal year to the extent, and for the purposes, provided in

20 section 2865 of title 10, United States Code.

21 (INCLUDING TRANSFER OF FUNDS)

22 SEC. 8035. Amounts deposited during the current fis23 cal year to the special account established under 40 U.S.C.

24 572(b)(5)(A) and to the special account established under

25 10 U.S.C. 2667(d)(1) are appropriated and shall be avail26 able until transferred by the Secretary of Defense to current
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1 applicable appropriations or funds of the Department of

2 Defense under the terms and conditions specified by 40

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

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

5 and the same purposes as the appropriation to which trans6 ferred.

7 SEC. 8036. None of the funds appropriated in this Act

8 shall be used to study, demonstrate, or implement any plans

9 privatizing, divesting or transferring of any Civil Works

10 missions, functions, or responsibilities for the United States

11 Army Corps of Engineers to other government agencies

12 without specific direction in a subsequent Act of Congress.

13 SEC. 8037. Notwithstanding any other provision of

14 law, funds available for ‘‘Drug Interdiction and Counter15 Drug Activities, Defense’’ may be obligated for the Young

16 Marines program.

17 (INCLUDING TRANSFER OF FUNDS)

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

19 contained in the Department of Defense Overseas Military

20 Facility Investment Recovery Account established by section

21 2921(c)(1) of the National Defense Authorization Act of

22 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall be

23 available until expended for the payments specified by sec24 tion 2921(c)(2) of that Act.

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

26 other provision of law, the Secretary of the Air Force may
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1 convey at no cost to the Air Force, without consideration,

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

3 South Dakota, Montana, and Minnesota relocatable mili4 tary housing units located at Grand Forks Air Force Base

5 and Minot Air Force Base that are excess to the needs of

6 the Air Force.

7 (b) PROCESSING OF REQUESTS.—The Secretary of the

8 Air Force shall convey, at no cost to the Air Force, military

9 housing units under subsection (a) in accordance with the

10 request for such units that are submitted to the Secretary

11 by the Operation Walking Shield Program on behalf of In12 dian tribes located in the States of North Dakota, South

13 Dakota, Montana, and Minnesota.

14 (c) RESOLUTION OF HOUSING UNIT CONFLICTS.—The

15 Operation Walking Shield program shall resolve any con16 flicts among requests of Indian tribes for housing units

17 under subsection (a) before submitting requests to the Sec18 retary of the Air Force under subsection (b).

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

20 ‘‘Indian tribe’’ means any recognized Indian tribe included

21 on the current list published by the Secretary of the Interior

22 under section 104 of the Federally Recognized Indian Tribe

23 Act of 1994 (Public Law 103–454; 108 Stat. 4792; 25

24 U.S.C. 479a–1).
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1 SEC. 8040. During the current fiscal year, appropria2 tions which are available to the Department of Defense for

3 operation and maintenance may be used to purchase items

4 having an investment item unit cost of not more than

5 $250,000.

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

7 of the appropriations or funds available to the Department

8 of Defense Working Capital Funds shall be used for the pur9 chase of an investment item for the purpose of acquiring

10 a new inventory item for sale or anticipated sale during

11 the current fiscal year or a subsequent fiscal year to cus12 tomers of the Department of Defense Working Capital

13 Funds if such an item would not have been chargeable to

14 the Department of Defense Business Operations Fund dur15 ing fiscal year 1994 and if the purchase of such an invest16 ment item would be chargeable during the current fiscal

17 year to appropriations made to the Department of Defense

18 for procurement.

19 (b) The fiscal year 2006 budget request for the Depart20 ment of Defense as well as all justification material and

21 other documentation supporting the fiscal year 2006 De22 partment of Defense budget shall be prepared and submitted

23 to the Congress on the basis that any equipment which was

24 classified as an end item and funded in a procurement ap25 propriation contained in this Act shall be budgeted for in
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1 a proposed fiscal year 2006 procurement appropriation and

2 not in the supply management business area or any other

3 area or category of the Department of Defense Working

4 Capital Funds.

5 SEC. 8042. None of the funds appropriated by this Act

6 for programs of the Central Intelligence Agency shall re7 main available for obligation beyond the current fiscal year,

8 except for funds appropriated for the Reserve for Contin9 gencies, which shall remain available until September 30,

10 2006: Provided, That funds appropriated, transferred, or

11 otherwise credited to the Central Intelligence Agency Cen12 tral Services Working Capital Fund during this or any

13 prior or subsequent fiscal year shall remain available until

14 expended: Provided further, That any funds appropriated

15 or transferred to the Central Intelligence Agency for ad16 vanced research and development acquisition, for agent op17 erations, and for covert action programs authorized by the

18 President under section 503 of the National Security Act

19 of 1947, as amended, shall remain available until Sep20 tember 30, 2006.

21 SEC. 8043. Notwithstanding any other provision of

22 law, funds made available in this Act for the Defense Intel23 ligence Agency may be used for the design, development, and

24 deployment of General Defense Intelligence Program intel25 ligence communications and intelligence information sys-
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1 tems for the Services, the Unified and Specified Commands,

2 and the component commands.

3 SEC. 8044. Of the funds appropriated to the Depart4 ment of Defense under the heading ‘‘Operation and Mainte5 nance, Defense-Wide’’, not less than $10,000,000 shall be

6 made available only for the mitigation of environmental

7 impacts, including training and technical assistance to

8 tribes, related administrative support, the gathering of in9 formation, documenting of environmental damage, and de10 veloping a system for prioritization of mitigation and cost

11 to complete estimates for mitigation, on Indian lands re12 sulting from Department of Defense activities.

13 SEC. 8045. (a) None of the funds appropriated in this

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

15 Defense unless the entity, in expending the funds, complies

16 with the Buy American Act. For purposes of this subsection,

17 the term ‘‘Buy American Act’’ means title III of the Act

18 entitled ‘‘An Act making appropriations for the Treasury

19 and Post Office Departments for the fiscal year ending June

20 30, 1934, and for other purposes’’, approved March 3, 1933

21 (41 U.S.C. 10a et seq.).

22 (b) If the Secretary of Defense determines that a person

23 has been convicted of intentionally affixing a label bearing

24 a ‘‘Made in America’’ inscription to any product sold in

25 or shipped to the United States that is not made in Amer-
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1 ica, the Secretary shall determine, in accordance with sec2 tion 2410f of title 10, United States Code, whether the per3 son should be debarred from contracting with the Depart4 ment of Defense.

5 (c) In the case of any equipment or products purchased

6 with appropriations provided under this Act, it is the sense

7 of the Congress that any entity of the Department of De8 fense, in expending the appropriation, purchase only Amer9 ican-made equipment and products, provided that Amer10 ican-made equipment and products are cost-competitive,

11 quality-competitive, and available in a timely fashion.

12 SEC. 8046. None of the funds appropriated by this Act

13 shall be available for a contract for studies, analysis, or

14 consulting services entered into without competition on the

15 basis of an unsolicited proposal unless the head of the activ16 ity responsible for the procurement determines—

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

18 only one source is found fully qualified to perform the

19 proposed work;

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

21 unsolicited proposal which offers significant scientific

22 or technological promise, represents the product of

23 original thinking, and was submitted in confidence

24 by one source; or
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1 (3) the purpose of the contract is to take advan2 tage of unique and significant industrial accomplish3 ment by a specific concern, or to insure that a new

4 product or idea of a specific concern is given finan5 cial support:

6 Provided, That this limitation shall not apply to contracts

7 in an amount of less than $25,000, contracts related to im8 provements of equipment that is in development or produc9 tion, or contracts as to which a civilian official of the De10 partment of Defense, who has been confirmed by the Senate,

11 determines that the award of such contract is in the interest

12 of the national defense.

13 SEC. 8047. (a) Except as provided in subsection (b)

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

15 be used—

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

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

18 Armed Forces or civilian employee of the department

19 who is transferred or reassigned from a headquarters

20 activity if the member or employee’s place of duty re21 mains at the location of that headquarters.

22 (b) The Secretary of Defense or Secretary of a military

23 department may waive the limitations in subsection (a),

24 on a case-by-case basis, if the Secretary determines, and cer25 tifies to the Committees on Appropriations of the House of
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1 Representatives and Senate that the granting of the waiver

2 will reduce the personnel requirements or the financial re3 quirements of the department.

4 (c) This section does not apply to field operating agen5 cies funded within the National Foreign Intelligence Pro6 gram.

7 (INCLUDING TRANSFER OF FUNDS)

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

9 of the Navy that the vessel USNS Capable (T–AGOS 16)

10 is no longer needed by the Navy, the Secretary shall transfer

11 such vessel to the National Oceanic and Atmospheric Ad12 ministration as an exploration and research ship.

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

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

15 shall transfer to the Secretary of Commerce $18,000,000 out

16 of funds appropriated by title IV under the heading ‘‘Re17 search, Development, Test and Evaluation, Navy’’. The

18 amount so transferred shall be available to the National

19 Oceanographic and Atmospheric Administration for the

20 conversion of the vessel for use as an exploration and re21 search ship.

22 (RESCISSIONS)

23 SEC. 8049. Of the funds appropriated in Department

24 of Defense Appropriations Acts, the following funds are

25 hereby rescinded from the following accounts and programs

26 in the specified amounts:
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1 ‘‘Shipbuilding and Conversion, Navy, 2002/

2 2006’’, $20,444,000;

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

4 $15,157,000;

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

6 $54,338,000;

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

8 $23,571,000;

9 ‘‘Research, Development, Test and Evaluation,

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

11 ‘‘Research, Development, Test and Evaluation,

12 Defense-Wide, 2004/2005’’, $10,100,000.

13 SEC. 8050. None of the funds available in this Act may

14 be used to reduce the authorized positions for military (ci15 vilian) technicians of the Army National Guard, the Air

16 National Guard, Army Reserve and Air Force Reserve for

17 the purpose of applying any administratively imposed ci18 vilian personnel ceiling, freeze, or reduction on military (ci19 vilian) technicians, unless such reductions are a direct re20 sult of a reduction in military force structure.

21 SEC. 8051. None of the funds appropriated or other22 wise made available in this Act may be obligated or ex23 pended for assistance to the Democratic People’s Republic

24 of North Korea unless specifically appropriated for that

25 purpose.
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1 SEC. 8052. During the current fiscal year, funds ap2 propriated in this Act are available to compensate members

3 of the National Guard for duty performed pursuant to a

4 plan submitted by a Governor of a State and approved by

5 the Secretary of Defense under section 112 of title 32,

6 United States Code: Provided, That during the performance

7 of such duty, the members of the National Guard shall be

8 under State command and control: Provided further, That

9 such duty shall be treated as full-time National Guard duty

10 for purposes of sections 12602(a)(2) and (b)(2) of title 10,

11 United States Code.

12 SEC. 8053. Funds appropriated in this Act for oper13 ation and maintenance of the Military Departments, Com14 batant Commands and Defense Agencies shall be available

15 for reimbursement of pay, allowances and other expenses

16 which would otherwise be incurred against appropriations

17 for the National Guard and Reserve when members of the

18 National Guard and Reserve provide intelligence or coun19 terintelligence support to Combatant Commands, Defense

20 Agencies and Joint Intelligence Activities, including the ac21 tivities and programs included within the National Foreign

22 Intelligence Program (NFIP), the Joint Military Intel23 ligence Program (JMIP), and the Tactical Intelligence and

24 Related Activities (TIARA) aggregate: Provided, That noth25 ing in this section authorizes deviation from established Re-
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1 serve and National Guard personnel and training proce2 dures.

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

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

5 civilian medical and medical support personnel assigned to

6 military treatment facilities below the September 30, 2003

7 level: Provided, That the Service Surgeons General may

8 waive this section by certifying to the congressional defense

9 committees that the beneficiary population is declining in

10 some catchment areas and civilian strength reductions may

11 be consistent with responsible resource stewardship and

12 capitation-based budgeting.

13 SEC. 8055. (a) LIMITATION ON PENTAGON RENOVA14 TION COSTS.—Not later than the date each year on which

15 the President submits to Congress the budget under section

16 1105 of title 31, United States Code, the Secretary of De17 fense shall submit to Congress a certification that the total

18 cost for the planning, design, construction, and installation

19 of equipment for the renovation of wedges 2 through 5 of

20 the Pentagon Reservation, cumulatively, will not exceed

21 four times the total cost for the planning, design, construc22 tion, and installation of equipment for the renovation of

23 wedge 1.

24 (b) ANNUAL ADJUSTMENT.—For purposes of applying

25 the limitation in subsection (a), the Secretary shall adjust
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1 the cost for the renovation of wedge 1 by any increase or

2 decrease in costs attributable to economic inflation, based

3 on the most recent economic assumptions issued by the Of4 fice of Management and Budget for use in preparation of

5 the budget of the United States under section 1104 of title

6 31, United States Code.

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

8 calculating the limitation in subsection (a), the total cost

9 for wedges 2 through 5 shall not include—

10 (1) any repair or reconstruction cost incurred as

11 a result of the terrorist attack on the Pentagon that

12 occurred on September 11, 2001;

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

14 attributable to compliance with new requirements of

15 Federal, State, or local laws; and

16 (3) any increase in costs attributable to addi17 tional security requirements that the Secretary of De18 fense considers essential to provide a safe and secure

19 working environment.

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

21 annual certification under subsection (a), the Secretary

22 shall report the projected cost (as of the time of the certifi23 cation) for—

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

25 amount adjusted or otherwise excluded for such wedge
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1 under the authority of paragraphs (2) and (3) of sub2 section (c) for the period covered by the certification;

3 and

4 (2) the repair and reconstruction of wedges 1

5 and 2 in response to the terrorist attack on the Pen6 tagon that occurred on September 11, 2001.

7 (e) DURATION OF CERTIFICATION REQUIREMENT.—

8 The requirement to make an annual certification under

9 subsection (a) shall apply until the Secretary certifies to

10 Congress that the renovation of the Pentagon Reservation

11 is completed.

12 SEC. 8056. Notwithstanding any other provision of

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

14 this Act for environmental remediation may be obligated

15 under indefinite delivery/indefinite quantity contracts with

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

17 SEC. 8057. (a) None of the funds available to the De18 partment of Defense for any fiscal year for drug interdic19 tion or counter-drug activities may be transferred to any

20 other department or agency of the United States except as

21 specifically provided in an appropriations law.

22 (b) None of the funds available to the Central Intel23 ligence Agency for any fiscal year for drug interdiction and

24 counter-drug activities may be transferred to any other de-
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1 partment or agency of the United States except as specifi2 cally provided in an appropriations law.

3 (TRANSFER OF FUNDS)

4 SEC. 8058. Appropriations available in this Act under

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

6 for increasing energy and water efficiency in Federal build7 ings may, during their period of availability, be transferred

8 to other appropriations or funds of the Department of De9 fense for projects related to increasing energy and water ef10 ficiency, to be merged with and to be available for the same

11 general purposes, and for the same time period, as the ap12 propriation or fund to which transferred.

13 SEC. 8059. None of the funds appropriated by this Act

14 may be used for the procurement of ball and roller bearings

15 other than those produced by a domestic source and of do16 mestic origin: Provided, That the Secretary of the military

17 department responsible for such procurement may waive

18 this restriction on a case-by-case basis by certifying in writ19 ing to the Committees on Appropriations of the House of

20 Representatives and the Senate, that adequate domestic

21 supplies are not available to meet Department of Defense

22 requirements on a timely basis and that such an acquisition

23 must be made in order to acquire capability for national

24 security purposes: Provided further, That this restriction

25 shall not apply to the purchase of ‘‘commercial items’’, as

26 defined by section 4(12) of the Office of Federal Procure-
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1 ment Policy Act, except that the restriction shall apply to

2 ball or roller bearings purchased as end items.

3 SEC. 8060. Notwithstanding any other provision of

4 law, funds available to the Department of Defense shall be

5 made available to provide transportation of medical sup6 plies and equipment, on a nonreimbursable basis, to Amer7 ican Samoa, and funds available to the Department of De8 fense shall be made available to provide transportation of

9 medical supplies and equipment, on a nonreimbursable

10 basis, to the Indian Health Service when it is in conjunc11 tion with a civil-military project.

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

13 to purchase any supercomputer which is not manufactured

14 in the United States, unless the Secretary of Defense cer15 tifies to the congressional defense committees that such an

16 acquisition must be made in order to acquire capability for

17 national security purposes that is not available from

18 United States manufacturers.

19 SEC. 8062. (a) The total amount appropriated or oth20 erwise made available in titles II, III and IV of this Act

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

22 revised economic assumptions.

23 (b) The Secretary of Defense shall allocate this reduc24 tion proportionally to each budget activity, activity group,
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1 subactivity group, and each program, project, and activity

2 within each applicable appropriation account.

3 SEC. 8063. Notwithstanding any other provision of

4 law, each contract awarded by the Department of Defense

5 during the current fiscal year for construction or service

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

7 section 381(d) of title 10, United States Code) which is not

8 contiguous with another State and has an unemployment

9 rate in excess of the national average rate of unemployment

10 as determined by the Secretary of Labor, shall include a

11 provision requiring the contractor to employ, for the pur12 pose of performing that portion of the contract in such State

13 that is not contiguous with another State, individuals who

14 are residents of such State and who, in the case of any craft

15 or trade, possess or would be able to acquire promptly the

16 necessary skills: Provided, That the Secretary of Defense

17 may waive the requirements of this section, on a case-by18 case basis, in the interest of national security.

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

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

21 officer or employee of the Department of Defense who ap22 proves or implements the transfer of administrative respon23 sibilities or budgetary resources of any program, project,

24 or activity financed by this Act to the jurisdiction of an25 other Federal agency not financed by this Act without the
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1 express authorization of Congress: Provided, That this limi2 tation shall not apply to transfers of funds expressly pro3 vided for in Defense Appropriations Acts, or provisions of

4 Acts providing supplemental appropriations for the De5 partment of Defense.

6 SEC. 8065. (a) LIMITATION ON TRANSFER OF DE7 FENSE ARTICLES AND SERVICES.—Notwithstanding any

8 other provision of law, none of the funds available to the

9 Department of Defense for the current fiscal year may be

10 obligated or expended to transfer to another nation or an

11 international organization any defense articles or services

12 (other than intelligence services) for use in the activities de13 scribed in subsection (b) unless the congressional defense

14 committees, the Committee on International Relations of

15 the House of Representatives, and the Committee on For16 eign Relations of the Senate are notified 15 days in advance

17 of such transfer.

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

19 (1) any international peacekeeping or peace-en20 forcement operation under the authority of chapter VI

21 or chapter VII of the United Nations Charter under

22 the authority of a United Nations Security Council

23 resolution; and

24 (2) any other international peacekeeping, peace25 enforcement, or humanitarian assistance operation.
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1 (c) REQUIRED NOTICE.—A notice under subsection (a)

2 shall include the following:

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

4 services to be transferred.

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

6 supplies, or services to be transferred.

7 (3) In the case of a proposed transfer of equip8 ment or supplies—

9 (A) a statement of whether the inventory re10 quirements of all elements of the Armed Forces

11 (including the reserve components) for the type

12 of equipment or supplies to be transferred have

13 been met; and

14 (B) a statement of whether the items pro15 posed to be transferred will have to be replaced

16 and, if so, how the President proposes to provide

17 funds for such replacement.

18 SEC. 8066. To the extent authorized by subchapter VI

19 of chapter 148 of title 10, United States Code, the Secretary

20 of Defense may issue loan guarantees in support of United

21 States defense exports not otherwise provided for: Provided,

22 That the total contingent liability of the United States for

23 guarantees issued under the authority of this section may

24 not exceed $15,000,000,000: Provided further, That the ex25 posure fees charged and collected by the Secretary for each
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1 guarantee shall be paid by the country involved and shall

2 not be financed as part of a loan guaranteed by the United

3 States: Provided further, That the Secretary shall provide

4 quarterly reports to the Committees on Appropriations,

5 Armed Services, and Foreign Relations of the Senate and

6 the Committees on Appropriations, Armed Services, and

7 International Relations in the House of Representatives on

8 the implementation of this program: Provided further, That

9 amounts charged for administrative fees and deposited to

10 the special account provided for under section 2540c(d) of

11 title 10, shall be available for paying the costs of adminis12 trative expenses of the Department of Defense that are at13 tributable to the loan guarantee program under subchapter

14 VI of chapter 148 of title 10, United States Code.

15 SEC. 8067. None of the funds available to the Depart16 ment of Defense under this Act shall be obligated or ex17 pended to pay a contractor under a contract with the De18 partment of Defense for costs of any amount paid by the

19 contractor to an employee when—

20 (1) such costs are for a bonus or otherwise in ex21 cess of the normal salary paid by the contractor to the

22 employee; and

23 (2) such bonus is part of restructuring costs asso24 ciated with a business combination.
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1 SEC. 8068. Notwithstanding any other provision of

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

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

4 purpose of constructing new United States diplomatic fa5 cilities.

6 (INCLUDING TRANSFER OF FUNDS)

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

8 than $30,000,000 of appropriations made in this Act under

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

10 may be transferred to appropriations available for the pay

11 of military personnel, to be merged with, and to be available

12 for the same time period as the appropriations to which

13 transferred, to be used in support of such personnel in con14 nection with support and services for eligible organizations

15 and activities outside the Department of Defense pursuant

16 to section 2012 of title 10, United States Code.

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

18 of an appropriation account of the Department of Defense

19 for which the period of availability for obligation has ex20 pired or which has closed under the provisions of section

21 1552 of title 31, United States Code, and which has a nega22 tive unliquidated or unexpended balance, an obligation or

23 an adjustment of an obligation may be charged to any cur24 rent appropriation account for the same purpose as the ex25 pired or closed account if—
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1 (1) the obligation would have been properly

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

3 closed account before the end of the period of avail4 ability or closing of that account;

5 (2) the obligation is not otherwise properly

6 chargeable to any current appropriation account of

7 the Department of Defense; and

8 (3) in the case of an expired account, the obliga9 tion is not chargeable to a current appropriation of

10 the Department of Defense under the provisions of sec11 tion 1405(b)(8) of the National Defense Authorization

12 Act for Fiscal Year 1991, Public Law 101–510, as

13 amended (31 U.S.C. 1551 note): Provided, That in

14 the case of an expired account, if subsequent review

15 or investigation discloses that there was not in fact a

16 negative unliquidated or unexpended balance in the

17 account, any charge to a current account under the

18 authority of this section shall be reversed and re19 corded against the expired account: Provided further,

20 That the total amount charged to a current appro21 priation under this section may not exceed an

22 amount equal to 1 percent of the total appropriation

23 for that account.

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

25 and for the Defense Health Program in title VI of this Act
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1 for supervision and administration costs for facilities

2 maintenance and repair, minor construction, or design

3 projects, or any planning studies, environmental assess4 ments, or similar activities related to installation support

5 functions, may be obligated at the time the reimbursable

6 order is accepted by the performing activity: Provided, That

7 for the purpose of this section, supervision and administra8 tion costs includes all in-house Government cost.

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

10 of law, the Chief of the National Guard Bureau may permit

11 the use of equipment of the National Guard Distance Learn12 ing Project by any person or entity on a space-available,

13 reimbursable basis. The Chief of the National Guard Bu14 reau shall establish the amount of reimbursement for such

15 use on a case-by-case basis.

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

17 credited to funds available for the National Guard Distance

18 Learning Project and be available to defray the costs associ19 ated with the use of equipment of the project under that

20 subsection. Such funds shall be available for such purposes

21 without fiscal year limitation.

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

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

24 determination under section 2690 of title 10, United States

25 Code, may implement cost-effective agreements for required
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1 heating facility modernization in the Kaiserslautern Mili2 tary Community in the Federal Republic of Germany: Pro3 vided, That in the City of Kaiserslautern such agreements

4 will include the use of United States anthracite as the base

5 load energy for municipal district heat to the United States

6 Defense installations: Provided further, That at Landstuhl

7 Army Regional Medical Center and Ramstein Air Base,

8 furnished heat may be obtained from private, regional or

9 municipal services, if provisions are included for the con10 sideration of United States coal as an energy source.

11 SEC. 8074. None of the funds appropriated in title IV

12 of this Act may be used to procure end-items for delivery

13 to military forces for operational training, operational use

14 or inventory requirements: Provided, That this restriction

15 does not apply to end-items used in development, proto16 typing, and test activities preceding and leading to accept17 ance for operational use: Provided further, That this restric18 tion does not apply to programs funded within the National

19 Foreign Intelligence Program: Provided further, That the

20 Secretary of Defense may waive this restriction on a case21 by-case basis by certifying in writing to the Committees on

22 Appropriations of the House of Representatives and the

23 Senate that it is in the national security interest to do so.
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1 SEC. 8075. None of the funds made available in this

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

3 22 advanced tactical fighter to any foreign government.

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

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

6 each limitation on the procurement of defense items from

7 foreign sources provided in law if the Secretary determines

8 that the application of the limitation with respect to that

9 country would invalidate cooperative programs entered into

10 between the Department of Defense and the foreign country,

11 or would invalidate reciprocal trade agreements for the pro12 curement of defense items entered into under section 2531

13 of title 10, United States Code, and the country does not

14 discriminate against the same or similar defense items pro15 duced in the United States for that country.

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

17 (1) contracts and subcontracts entered into on or

18 after the date of the enactment of this Act; and

19 (2) options for the procurement of items that are

20 exercised after such date under contracts that are en21 tered into before such date if the option prices are ad22 justed for any reason other than the application of a

23 waiver granted under subsection (a).

24 (c) Subsection (a) does not apply to a limitation re25 garding construction of public vessels, ball and roller bear-
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1 ings, food, and clothing or textile materials as defined by

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

3 Schedule and products classified under headings 4010,

4 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through

5 7229, 7304.41 through 7304.49, 7306.40, 7502 through

6 7508, 8105, 8108, 8109, 8211, 8215, and 9404.

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

8 available by this Act may be used to support any training

9 program involving a unit of the security forces of a foreign

10 country if the Secretary of Defense has received credible in11 formation from the Department of State that the unit has

12 committed a gross violation of human rights, unless all nec13 essary corrective steps have been taken.

14 (b) MONITORING.—The Secretary of Defense, in con15 sultation with the Secretary of State, shall ensure that prior

16 to a decision to conduct any training program referred to

17 in subsection (a), full consideration is given to all credible

18 information available to the Department of State relating

19 to human rights violations by foreign security forces.

20 (c) WAIVER.—The Secretary of Defense, after consulta21 tion with the Secretary of State, may waive the prohibition

22 in subsection (a) if he determines that such waiver is re23 quired by extraordinary circumstances.

24 (d) REPORT.—Not more than 15 days after the exercise

25 of any waiver under subsection (c), the Secretary of Defense
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1 shall submit a report to the congressional defense commit2 tees describing the extraordinary circumstances, the purpose

3 and duration of the training program, the United States

4 forces and the foreign security forces involved in the train5 ing program, and the information relating to human rights

6 violations that necessitates the waiver.

7 SEC. 8078. (a) The Secretary of Defense, in coordina8 tion with the Secretary of Health and Human Services,

9 may carry out a program to distribute surplus dental and

10 medical equipment of the Department of Defense, at no cost

11 to the Department of Defense, to Indian Health Service fa12 cilities and to federally-qualified health centers (within the

13 meaning of section 1905(l)(2)(B) of the Social Security Act

14 (42 U.S.C. 1396d(l)(2)(B))).

15 (b) In carrying out this provision, the Secretary of De16 fense shall give the Indian Health Service a property dis17 posal priority equal to the priority given to the Department

18 of Defense and its twelve special screening programs in dis19 tribution of surplus dental and medical supplies and equip20 ment.

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

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

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

24 unless the main propulsion diesel engines and propulsors

25 are manufactured in the United States by a domestically
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1 operated entity: Provided, That the Secretary of Defense

2 may waive this restriction on a case-by-case basis by certi3 fying in writing to the Committees on Appropriations of

4 the House of Representatives and the Senate that adequate

5 domestic supplies are not available to meet Department of

6 Defense requirements on a timely basis and that such an

7 acquisition must be made in order to acquire capability for

8 national security purposes or there exists a significant cost

9 or quality difference.

10 SEC. 8080. None of the funds appropriated or other11 wise made available by this or other Department of Defense

12 Appropriations Acts may be obligated or expended for the

13 purpose of performing repairs or maintenance to military

14 family housing units of the Department of Defense, includ15 ing areas in such military family housing units that may

16 be used for the purpose of conducting official Department

17 of Defense business.

18 SEC. 8081. Notwithstanding any other provision of

19 law, funds appropriated in this Act under the heading ‘‘Re20 search, Development, Test and Evaluation, Defense-Wide’’

21 for any advanced concept technology demonstration project

22 may only be obligated 30 days after a report, including a

23 description of the project, the planned acquisition and tran24 sition strategy and its estimated annual and total cost, has

25 been provided in writing to the congressional defense com-
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1 mittees: Provided, That the Secretary of Defense may waive

2 this restriction on a case-by-case basis by certifying to the

3 congressional defense committees that it is in the national

4 interest to do so.

5 SEC. 8082. The Secretary of Defense shall provide a

6 classified quarterly report, beginning 30 days after enact7 ment, to the House and Senate Appropriations Committees,

8 Subcommittees on Defense on certain matters as directed

9 in the classified annex accompanying this Act.

10 SEC. 8083. The amount appropriated in title II for

11 ‘‘Operation and Maintenance, Air Force’’ is hereby reduced

12 by $300,000,000 to reflect cash balance and rate stabiliza13 tion adjustments in the Department of Defense Transpor14 tation Working Capital Fund.

15 SEC. 8084. (a) REGISTERING FINANCIAL MANAGE16 MENT INFORMATION TECHNOLOGY SYSTEMS WITH DOD

17 CHIEF INFORMATION OFFICER.—None of the funds appro18 priated in this Act may be used for a mission critical or

19 mission essential financial management information tech20 nology system (including a system funded by the defense

21 working capital fund) that is not registered with the Chief

22 Information Officer of the Department of Defense. A system

23 shall be considered to be registered with that officer upon

24 the furnishing to that officer of notice of the system, together

25 with such information concerning the system as the Sec-
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1 retary of Defense may prescribe. A financial management

2 information technology system shall be considered a mission

3 critical or mission essential information technology system

4 as defined by the Under Secretary of Defense (Comptroller).

5 (b) CERTIFICATIONS AS TO COMPLIANCE WITH FINAN6 CIAL 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 Defense

14 until the Under Secretary of Defense (Comptroller)

15 certifies, with respect to that milestone, that the sys16 tem is being developed and managed in accordance

17 with the Department’s Financial Management Mod18 ernization Plan. The Under Secretary of Defense

19 (Comptroller) may require additional certifications,

20 as appropriate, with respect to any such system.

21 (2) The Chief Information Officer shall provide

22 the congressional defense committees timely notifica23 tion of certifications under paragraph (1).

24 (c) CERTIFICATIONS AS TO COMPLIANCE WITH

25 CLINGER-COHEN ACT.—
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1 (1) During the current fiscal year, a major auto2 mated information system may not receive Milestone

3 A approval, Milestone B approval, or full rate pro4 duction approval, or their equivalent, within the De5 partment of Defense until the Chief Information Offi6 cer certifies, with respect to that milestone, that the

7 system is being developed in accordance with the

8 Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.).

9 The Chief Information Officer may require additional

10 certifications, as appropriate, with respect to any

11 such system.

12 (2) The Chief Information Officer shall provide

13 the congressional defense committees timely notifica14 tion of certifications under paragraph (1). Each such

15 notification shall include, at a minimum, the funding

16 baseline and milestone schedule for each system cov17 ered by such a certification and confirmation that the

18 following steps have been taken with respect to the

19 system:

20 (A) Business process reengineering.

21 (B) An analysis of alternatives.

22 (C) An economic analysis that includes a

23 calculation of the return on investment.

24 (D) Performance measures.
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1 (E) An information assurance strategy con2 sistent with the Department’s Global Informa3 tion Grid.

4 (d) DEFINITIONS.—For purposes of this section:

5 (1) The term ‘‘Chief Information Officer’’ means

6 the senior official of the Department of Defense des7 ignated by the Secretary of Defense pursuant to sec8 tion 3506 of title 44, United States Code.

9 (2) The term ‘‘information technology system’’

10 has the meaning given the term ‘‘information tech11 nology’’ in section 5002 of the Clinger-Cohen Act of

12 1996 (40 U.S.C. 1401).

13 SEC. 8085. During the current fiscal year, none of the

14 funds available to the Department of Defense may be used

15 to provide support to another department or agency of the

16 United States if such department or agency is more than

17 90 days in arrears in making payment to the Department

18 of Defense for goods or services previously provided to such

19 department or agency on a reimbursable basis: Provided,

20 That this restriction shall not apply if the department is

21 authorized by law to provide support to such department

22 or agency on a nonreimbursable basis, and is providing the

23 requested support pursuant to such authority: Provided fur24 ther, That the Secretary of Defense may waive this restric25 tion on a case-by-case basis by certifying in writing to the
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1 Committees on Appropriations of the House of Representa2 tives and the Senate that it is in the national security inter3 est to do so.

4 SEC. 8086. None of the funds provided in this Act may

5 be used to transfer to any nongovernmental entity ammuni6 tion held by the Department of Defense that has a center7 fire cartridge and a United States military nomenclature

8 designation of ‘‘armor penetrator’’, ‘‘armor piercing (AP)’’,

9 ‘‘armor piercing incendiary (API)’’, or ‘‘armor-piercing in10 cendiary-tracer (API–T)’’, except to an entity performing

11 demilitarization services for the Department of Defense

12 under a contract that requires the entity to demonstrate to

13 the satisfaction of the Department of Defense that armor

14 piercing projectiles are either: (1) rendered incapable of

15 reuse by the demilitarization process; or (2) used to manu16 facture ammunition pursuant to a contract with the De17 partment of Defense or the manufacture of ammunition for

18 export pursuant to a License for Permanent Export of Un19 classified Military Articles issued by the Department of

20 State.

21 SEC. 8087. Notwithstanding any other provision of

22 law, the Chief of the National Guard Bureau, or his des23 ignee, may waive payment of all or part of the consider24 ation that otherwise would be required under 10 U.S.C.

25 2667, in the case of a lease of personal property for a period
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1 not in excess of 1 year to any organization specified in 32

2 U.S.C. 508(d), or any other youth, social, or fraternal non3 profit organization as may be approved by the Chief of the

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

5 basis.

6 SEC. 8088. None of the funds appropriated by this Act

7 shall be used for the support of any nonappropriated funds

8 activity of the Department of Defense that procures malt

9 beverages and wine with nonappropriated funds for resale

10 (including such alcoholic beverages sold by the drink) on

11 a military installation located in the United States unless

12 such malt beverages and wine are procured within that

13 State, or in the case of the District of Columbia, within

14 the District of Columbia, in which the military installation

15 is located: Provided, That in a case in which the military

16 installation is located in more than one State, purchases

17 may be made in any State in which the installation is lo18 cated: Provided further, That such local procurement re19 quirements for malt beverages and wine shall apply to all

20 alcoholic beverages only for military installations in States

21 which are not contiguous with another State: Provided fur22 ther, That alcoholic beverages other than wine and malt bev23 erages, in contiguous States and the District of Columbia

24 shall be procured from the most competitive source, price

25 and other factors considered.
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1 SEC. 8089. Up to $3,000,000 of the funds appropriated

2 under the heading ‘‘Operation and Maintenance, Navy’’ in

3 this Act for the Pacific Missile Range Facility may be made

4 available to contract for the repair, maintenance, and oper5 ation of adjacent off-base water, drainage, and flood control

6 systems, electrical upgrade to support additional missions

7 critical to base operations, and support for a range foot8 print expansion to further guard against encroachment.

9 SEC. 8090. Funds available to the Department of De10 fense for the Global Positioning System during the current

11 fiscal year may be used to fund civil requirements associ12 ated with the satellite and ground control segments of such

13 system’s modernization program.

14 (INCLUDING TRANSFER OF FUNDS)

15 SEC. 8091. (a) Of the amounts appropriated in this

16 Act under the heading, ‘‘Research, Development, Test and

17 Evaluation, Defense-Wide’’, $60,000,000 shall remain

18 available until expended: Provided, That notwithstanding

19 any other provision of law, the Secretary of Defense is au20 thorized to transfer such funds to other activities of the Fed21 eral Government.

22 (b) Of the amounts appropriated in this Act under the

23 heading, ‘‘Operation and Maintenance, Army’’,

24 $210,000,000 shall remain available until expended: Pro25 vided, That notwithstanding any other provision of law, the

26 Secretary of Defense is authorized to transfer such funds
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1 to other activities of the Federal Government: Provided fur2 ther, That the Secretary of Defense is authorized to enter

3 into and carry out contracts for the acquisition of real

4 property, construction, personal services, and operations re5 lated to projects described in further detail in the Classified

6 Annex accompanying the Department of Defense Appro7 priations Act, 2005, consistent with the terms and condi8 tions set forth therein: Provided further, That contracts en9 tered into under the authority of this section may provide

10 for such indemnification as the Secretary determines to be

11 necessary: Provided further, That projects authorized by

12 this section shall comply with applicable Federal, State,

13 and local law to the maximum extent consistent with the

14 national security, as determined by the Secretary of De15 fense.

16 SEC. 8092. Section 8106 of the Department of Defense

17 Appropriations Act, 1997 (titles I through VIII of the mat18 ter under subsection 101(b) of Public Law 104–208; 110

19 Stat. 3009–111; 10 U.S.C. 113 note) shall continue in effect

20 to apply to disbursements that are made by the Department

21 of Defense in fiscal year 2005.

22 SEC. 8093. (a) Of the amounts appropriated in this

23 Act under the heading ‘‘Research, Development, Test and

24 Evaluation, Navy’’, $107,678,000 shall be available for the
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1 construction of the first prototype vessel under the Littoral

2 Combat Ship program.

3 (b) None of the funds provided in this Act may be obli4 gated to prepare a fiscal year 2006 budget request for a

5 third vessel under the Littoral Combat Ship program in

6 fiscal year 2006: Provided, That funds for the second vessel

7 shall be for a second source supplier: Provided further, That

8 all subsequent ships shall be purchased with ‘‘Shipbuilding

9 and Conversion, Navy’’ funds beginning in fiscal year 2007.

10 SEC. 8094. The total amount appropriated or other11 wise made available in this Act is hereby reduced by

12 $500,000,000 to limit excessive growth in the procurement

13 of advisory and assistance services, to be distributed as fol14 lows:

15 ‘‘Operation and Maintenance, Army’’,

16 $25,000,000;

17 ‘‘Operation and Maintenance, Defense-Wide’’,

18 $225,000,000;

19 ‘‘Research, Development, Test and Evaluation,

20 Army’’, $50,000,000; and

21 ‘‘Research, Development, Test and Evaluation,

22 Defense-Wide’’, $200,000,000.

23 (INCLUDING TRANSFER OF FUNDS)

24 SEC. 8095. Of the amounts appropriated in this Act

25 under the heading ‘‘Research, Development, Test and Eval26 uation, Defense-Wide’’, $167,400,000 shall be made avail-
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1 able for the Arrow missile defense program: Provided, That

2 of this amount, $80,000,000 shall be available for the pur3 pose of producing Arrow missile components in the United

4 States and Arrow missile components and missiles in Israel

5 to meet Israel’s defense requirements, consistent with each

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

7 That funds made available under this provision for produc8 tion of missiles and missile components may be transferred

9 to appropriations available for the procurement of weapons

10 and equipment, to be merged with and to be available for

11 the same time period and the same purposes as the appro12 priation to which transferred: Provided further, That the

13 transfer authority provided under this provision is in addi14 tion to any other transfer authority contained in this Act.

15 (INCLUDING TRANSFER OF FUNDS)

16 SEC. 8096. In addition to amounts provided elsewhere

17 in this Act, $40,000,000 is hereby appropriated for ‘‘Air18 craft Procurement, Navy’’: Provided, That these funds shall

19 be available only for transfer to the Coast Guard for mission

20 essential equipment for Coast Guard HC–130J aircraft.

21 (INCLUDING TRANSFER OF FUNDS)

22 SEC. 8097. Of the amounts appropriated in this Act

23 under the heading ‘‘Shipbuilding and Conversion, Navy’’,

24 $484,390,000 shall be available until September 30, 2005,

25 to fund prior year shipbuilding cost increases: Provided,

26 That upon enactment of this Act, the Secretary of the Navy
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1 shall transfer such funds to the following appropriations in

2 the amounts specified: Provided further, That the amounts

3 transferred shall be merged with and be available for the

4 same purposes as the appropriations to which transferred:

5 To:

6 Under the heading, ‘‘Shipbuilding and Con7 version, Navy, 1996/2005’’:

8 LPD–17 Amphibious Transport Dock

9 Ship Program, $55,000,000.

10 Under the heading, ‘‘Shipbuilding and Con11 version, Navy, 1999/2005’’:

12 New SSN, $10,000,000;

13 LPD–17 Amphibious Transport Dock

14 Ship Program, $38,100,000.

15 Under the heading, ‘‘Shipbuilding and Con16 version, Navy, 2000/2005’’:

17 DDG–51 Destroyer Program,

18 $44,963,000;

19 LPD–17 Amphibious Transport Dock

20 Ship Program, $171,681,000.

21 Under the heading, ‘‘Shipbuilding and Con22 version, Navy, 2001/2005’’:

23 DDG–51 Destroyer Program,

24 $83,316,000;

25 New SSN, $67,330,000.
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1 Under the heading, ‘‘Shipbuilding and Con2 version, Navy, 2002/2005’’:

3 LCAC SLEP, $2,100,000.

4 Under the heading, ‘‘Shipbuilding and Con5 version, Navy, 2003/2005’’:

6 LCAC SLEP, $11,900,000.

7 SEC. 8098. None of the funds available to the Depart8 ment of Defense may be obligated to implement any action

9 which alters the command responsibility or permanent as10 signment of forces until 270 days after such plan has been

11 provided to the congressional defense committees.

12 SEC. 8099. Notwithstanding any other provision of

13 law or regulation, the Secretary of Defense may exercise the

14 provisions of 38 U.S.C. 7403(g) for occupations listed in

15 38 U.S.C. 7403(a)(2) as well as the following:

16 Pharmacists, Audiologists, and Dental Hygien17 ists.

18 (A) The requirements of 38 U.S.C.

19 7403(g)(1)(A) shall apply.

20 (B) The limitations of 38 U.S.C.

21 7403(g)(1)(B) shall not apply.

22 SEC. 8100. Funds appropriated in Titles I through

23 VIII of this Act, or made available by the transfer of funds

24 in this Act, for intelligence activities are deemed to be spe25 cifically authorized by the Congress for purposes of section
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1 504 of the National Security Act of 1947 (50 U.S.C. 414)

2 during fiscal year 2005 until the enactment of the Intel3 ligence Authorization Act for Fiscal Year 2005: Provided,

4 That funds included in Title IX of this Act, for intelligence

5 activities are deemed to be specifically authorized by the

6 Congress for purposes of section 504 of the National Secu7 rity Act of 1947 (50 U.S.C. 414).

8 SEC. 8101. In addition to funds made available else9 where in this Act, $5,500,000 is hereby appropriated and

10 shall remain available until expended to provide assistance,

11 by grant or otherwise (such as, but not limited to, the provi12 sion of funds for repairs, maintenance, construction, and/

13 or for the purchase of information technology, text books,

14 teaching resources), to public schools that have unusually

15 high concentrations of special needs military dependents en16 rolled: Provided, That in selecting school systems to receive

17 such assistance, special consideration shall be given to

18 school systems in States that are considered overseas assign19 ments, and all schools within these school systems shall be

20 eligible for assistance: Provided further, That up to 2 per21 cent of the total appropriated funds under this section shall

22 be available to support the administration and execution

23 of the funds or program and/or events that promote the pur24 pose of this appropriation (e.g. payment of travel and per

25 diem of school teachers attending conferences or a meeting
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1 that promotes the purpose of this appropriation and/or con2 sultant fees for on-site training of teachers, staff, or Joint

3 Venture Education Forum (JVEF) Committee members):

4 Provided further, That up to $2,000,000 shall be available

5 for the Department of Defense to establish a non-profit trust

6 fund to assist in the public-private funding of public school

7 repair and maintenance projects, or provide directly to

8 non-profit organizations who in return will use these mon9 ies to provide assistance in the form of repair, maintenance,

10 or renovation to public school systems that have high con11 centrations of special needs military dependents and are lo12 cated in States that are considered overseas assignments:

13 Provided further, That to the extent a Federal agency pro14 vides this assistance, by contract, grant, or otherwise, it

15 may accept and expend non-Federal funds in combination

16 with these Federal funds to provide assistance for the au17 thorized purpose, if the non-Federal entity requests such as18 sistance and the non-Federal funds are provided on a reim19 bursable basis.

20 SEC. 8102. None of the funds in this Act may be used

21 to initiate a new start program without 30 days prior writ22 ten notification to the Office of Secretary of Defense and

23 the congressional defense committees.

24 SEC. 8103. (a) The total amount appropriated or oth25 erwise made available in this Act is hereby reduced by
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1 $808,100,000 to reflect excessive unobligated balances, to be

2 distributed as follows:

3 ‘‘Operation and Maintenance, Army’’,

4 $160,800,000;

5 ‘‘Operation and Maintenance, Navy’’,

6 $171,900,000;

7 ‘‘Operation and Maintenance, Marine Corps’’,

8 $15,700,000;

9 ‘‘Operation and Maintenance, Air Force’’,

10 $142,400,000; and

11 ‘‘Operation and Maintenance, Defense-Wide’’,

12 $317,300,000.

13 (b) The Secretary of Defense shall allocate this reduc14 tion proportionally to each budget activity, activity group,

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

16 within each applicable appropriation account.

17 SEC. 8104. FINANCING AND FIELDING OF KEY ARMY

18 CAPABILITIES. The Department of Defense and the Depart19 ment of the Army shall make future budgetary and pro20 gramming plans to fully finance the Non-Line of Sight

21 (NLOS) Future Force cannon and resupply vehicle pro22 gram in order to field this system in the 2008 timeframe.

23 As an interim capability to enhance Army lethality, surviv24 ability, and mobility for light and medium forces before

25 complete fielding of the Future Force, the Army shall ensure
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1 that budgetary and programmatic plans will provide for

2 no fewer than six Stryker Brigade Combat Teams to be

3 fielded between 2003 and 2008.

4 SEC. 8105. Of the funds made available in this Act,

5 not less than $87,900,000 shall be available to maintain

6 an attrition reserve force of 18 B–52 aircraft, of which

7 $3,700,000 shall be available from ‘‘Military Personnel, Air

8 Force’’, $55,300,000 shall be available from ‘‘Operation and

9 Maintenance, Air Force’’, and $28,900,000 shall be avail10 able from ‘‘Aircraft Procurement, Air Force’’: Provided,

11 That the Secretary of the Air Force shall maintain a total

12 force of 94 B–52 aircraft, including 18 attrition reserve air13 craft, during fiscal year 2005: Provided further, That the

14 Secretary of Defense shall include in the Air Force budget

15 request for fiscal year 2006 amounts sufficient to maintain

16 a B–52 force totaling 94 aircraft.

17 SEC. 8106. Of the funds made available under the

18 heading ‘‘Operation and Maintenance, Air Force’’,

19 $9,000,000 shall be available to realign railroad track on

20 Elmendorf Air Force Base and Fort Richardson: Provided,

21 That of the funds made available under the heading ‘‘Oper22 ation and Maintenance, Air Force’’, $14,000,000 shall be

23 available for engineering and environment studies nec24 essary to extend the railroad to Stryker Brigade Combat

25 Team training areas north of Fort Wainwright, Alaska:
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1 Provided further, That the Secretary of the Air Force is au2 thorized, using funds available under the heading ‘‘Oper3 ation and Maintenance, Air Force’’, to complete a phased

4 repair project, which repairs may include upgrades and ad5 ditions, to the infrastructure of the operational ranges man6 aged by the Air Force in Alaska. The total cost of such

7 phased projects shall not exceed $32,000,000.

8 (TRANSFER OF FUNDS)

9 SEC. 8107. Of the amounts appropriated in Public

10 Law 107–206 under the heading ‘‘Defense Emergency Re11 sponse Fund’’, an amount up to the fair market value of

12 the leasehold interest in adjacent properties necessary for

13 the force protection requirements of Tooele Army Depot,

14 Utah, may be made available to resolve any property dis15 putes associated with Tooele Army Depot, Utah, and to ac16 quire such leasehold interest as required: Provided, That

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

18 properties.

19 SEC. 8108. None of the funds appropriated in this Act

20 under the heading ‘‘Overseas Contingency Operations

21 Transfer Account’’ may be transferred or obligated for De22 partment of Defense expenses not directly related to the con23 duct of overseas contingencies: Provided, That the Secretary

24 of Defense shall submit a report no later than 30 days after

25 the end of each fiscal quarter to the Committees on Appro26 priations of the Senate and House of Representatives that
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1 details any transfer of funds from the ‘‘Overseas Contin2 gency Operations Transfer Account’’: Provided further,

3 That the report shall explain any transfer for the mainte4 nance of real property, pay of civilian personnel, base oper5 ations support, and weapon, vehicle or equipment mainte6 nance.

7 SEC. 8109. For purposes of section 1553(b) of title 31,

8 United States Code, any subdivision of appropriations

9 made in this Act under the heading ‘‘Shipbuilding and

10 Conversion, Navy’’ shall be considered to be for the same

11 purpose as any subdivision under the heading ‘‘Ship12 building and Conversion, Navy’’ appropriations in any

13 prior fiscal year, and the 1 percent limitation shall apply

14 to the total amount of the appropriation.

15 SEC. 8110. The budget of the President for fiscal year

16 2006 submitted to the Congress pursuant to section 1105

17 of title 31, United States Code shall include separate budget

18 justification documents for costs of United States Armed

19 Forces’ participation in contingency operations for the

20 Military Personnel accounts, the Operation and Mainte21 nance accounts, and the Procurement accounts: Provided,

22 That these documents shall include a description of the

23 funding requested for each contingency operation, for each

24 military service, to include all Active and Reserve compo25 nents, and for each appropriations account: Provided fur-
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1 ther, That these documents shall include estimated costs for

2 each element of expense or object class, a reconciliation of

3 increases and decreases for each contingency operation, and

4 programmatic data including, but not limited to, troop

5 strength for each Active and Reserve component, and esti6 mates of the major weapons systems deployed in support

7 of each contingency: Provided further, That these documents

8 shall include budget exhibits OP–5 and OP–32 (as defined

9 in the Department of Defense Financial Management Regu10 lation) for all contingency operations for the budget year

11 and the two preceding fiscal years.

12 SEC. 8111. None of the funds in this Act may be used

13 for research, development, test, evaluation, procurement or

14 deployment of nuclear armed interceptors of a missile de15 fense system.

16 SEC. 8112. Notwithstanding any other provision of

17 law, section 2533a(f) of title 10, United States Code, shall

18 not apply to any fish, shellfish, or seafood product. This

19 section applies to contracts and subcontracts for the pro20 curement of commercial items notwithstanding section 34

21 of the Office of Federal Procurement Policy Act (41 U.S.C.

22 430).

23 SEC. 8113. Of the amounts provided in title II of this

24 Act under the heading, ‘‘Operation and Maintenance, De25 fense-Wide’’, $20,000,000 is available for the Regional De-
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1 fense Counter-terrorism Fellowship Program, to fund the

2 education and training of foreign military officers, min3 istry of defense civilians, and other foreign security offi4 cials, to include United States military officers and civilian

5 officials whose participation directly contributes to the edu6 cation and training of these foreign students.

7 SEC. 8114. None of the funds appropriated or made

8 available in this Act shall be used to reduce or disestablish

9 the operation of the 53rd Weather Reconnaissance Squad10 ron of the Air Force Reserve, if such action would reduce

11 the WC–130 Weather Reconnaissance mission below the lev12 els funded in this Act: Provided, That the Air Force shall

13 allow the 53rd Weather Reconnaissance Squadron to per14 form other missions in support of national defense require15 ments during the non-hurricane season.

16 SEC. 8115. (a) Notwithstanding any other provision

17 of law, none of the funds appropriated or otherwise made

18 available in this or any other Act may be obligated for the

19 Terrorism Information Awareness Program: Provided, That

20 this limitation shall not apply to the program hereby au21 thorized for Processing, analysis, and collaboration tools for

22 counterterrorism foreign intelligence, as described in the

23 Classified Annex accompanying the Department of Defense

24 Appropriations Act, 2005, for which funds are expressly
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1 provided in the National Foreign Intelligence Program for

2 counterterrorism foreign intelligence purposes.

3 (b) None of the funds provided for Processing, analysis,

4 and collaboration tools for counterterrorism foreign intel5 ligence shall be available for deployment or implementation

6 except for:

7 (1) lawful military operations of the United

8 States conducted outside the United States; or

9 (2) lawful foreign intelligence activities con10 ducted wholly overseas, or wholly against non-United

11 States citizens.

12 (c) In this section, the term ‘‘Terrorism Information

13 Awareness Program’’ means the program known either as

14 Terrorism Information Awareness or Total Information

15 Awareness, or any successor program, funded by the Defense

16 Advanced Research Projects Agency, or any other Depart17 ment or element of the Federal Government, including the

18 individual components of such Program developed by the

19 Defense Advanced Research Projects Agency.

20 SEC. 8116. (a) The total amount appropriated or oth21 erwise made available in title II of this Act is hereby re22 duced by $97,331,000 to limit excessive growth in the travel

23 and transportation of persons.

24 (b) The Secretary of Defense shall allocate this reduc25 tion proportionally to each budget activity, activity group,
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1 subactivity group, and each program, project, and activity

2 within each applicable appropriation account.

3 SEC. 8117. (a) Notwithstanding any other provision

4 of this Act, amounts otherwise provided by this Act in title

5 I for the following accounts and activities are reduced by

6 the following amounts:

7 ‘‘Military Personnel, Army’’, $2,386,000,000;

8 ‘‘Military Personnel, Navy’’, $2,386,000,000;

9 ‘‘Military Personnel, Air Force’’, $2,386,000,000;

10 in all: $7,158,000,000.

11 (b) In addition to amounts appropriated elsewhere in

12 this Act there are hereby appropriated the following

13 amounts for the following accounts:

14 ‘‘Military Personnel, Army’’, $2,386,000,000;

15 ‘‘Military Personnel, Navy’’, $2,386,000,000;

16 ‘‘Military Personnel, Air Force’’, $2,386,000,000;

17 in all: $7,158,000,000: Provided, That the entire amount

18 is designated by the Congress as an emergency requirement

19 pursuant to section 502 of H. Con. Res. 95, the concurrent

20 resolution on the budget for fiscal year 2004: Provided fur21 ther, That the entire amount shall be available only to the

22 extent that an official budget request for $7,158,000,000,

23 that includes designation of the entire amount of the request

24 as an emergency requirement as defined in H. Con. Res.
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1 95, the concurrent resolution on the budget for fiscal year

2 2004, is transmitted by the President to the Congress.

3 SEC. 8118. Up to $3,000,000 of the funds appropriated

4 under the heading, ‘‘Operation and Maintenance, Navy’’ in

5 this Act may be made available to contract for the installa6 tion, repair, maintenance, and operation of on-base and ad7 jacent off-base drainage and flood control systems critical

8 to base operations and the public health and safety of com9 munity residents in the vicinity of the Naval Magazine

10 Lualualei.

11 SEC. 8119. The Secretary of the Navy may settle, or

12 compromise, and pay any and all admiralty claims under

13 10 U.S.C. 7622 arising out of the collision involving the

14 U.S.S. GREENEVILLE and the EHIME MARU, in any

15 amount and without regard to the monetary limitations in

16 subsections (a) and (b) of that section: Provided, That such

17 payments shall be made from funds available to the Depart18 ment of the Navy for operation and maintenance.

19 SEC. 8120. From funds provided under the heading

20 ‘‘Operation and Maintenance, Navy’’, the Secretary of the

21 Navy may make a grant in the amount of $3,000,000 to

22 the Chicago Public Schools for establishment of a Naval

23 Military Academy High School, Chicago, Illinois, in part24 nership with the Great Lakes Naval Training Center.
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1 SEC. 8121. Of the amount appropriated by title III

2 under the heading ‘‘Aircraft Procurement, Air Force’’,

3 $880,000 shall be available to the Secretary of the Air Force

4 for a grant to Rocky Mountain College, Montana, for the

5 purchase of three Piper aircraft, and an aircraft simulator,

6 for support of aviation training.

7 SEC. 8122. Of the amount appropriated or otherwise

8 made available by title IV of the Act under the heading

9 ‘‘Research, Development, Test and Evaluation, Navy’’, up

10 to $4,000,000 may be available for Aviation Data Manage11 ment and Control System, Block II.

12 SEC. 8123. Of the amount appropriated by title IV

13 under the heading ‘‘Other Procurement, Air Force’’, up to

14 $2,000,000 may be used for aircrew bladder relief device

15 (ABRD) kits.

16 SEC. 8124. (a) Of the amounts appropriated by title

17 III under the heading ‘‘Shipbuilding and Conversion,

18 Navy’’—

19 (1) the amount provided under that heading spe20 cifically for the Carrier Replacement Program (AP)

21 is hereby increased by $140,900,000;

22 (2) the amount provided under that heading spe23 cifically for CVN Refuelings (AP) is hereby increased

24 by $110,000,000; and
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1 (3) the total amount provided under that head2 ing is hereby increased by $250,900,000.

3 (b) The amount of the reduction provided in section

4 8062(a) is hereby increased by $250,900,000.

5 SEC. 8125. Of the amount appropriated or otherwise

6 made available by title IV of this Act under the heading

7 ‘‘Research, Development, Test and Evaluation, Air Force’’,

8 up to $6,000,000 may be available for the Science, Mathe9 matics, And Research for Transformation (SMART) Pilot

10 Scholarship Program.

11 SEC. 8126. Of the amount appropriated or otherwise

12 made available by title II of this Act under the heading

13 ‘‘Operation and Maintenance, Defense-Wide’’, up to

14 $5,000,000 may be available for Department of Defense

15 Education Activity for the upgrading of security at Depart16 ment of Defense schools.

17 SEC. 8127. Of the amount appropriated or otherwise

18 made available by title IV of this Act under the heading

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

20 to $3,000,000 may be available for Medical Advanced Tech21 nology for the Intravenous Membrane Oxygenator.

22 SEC. 8128. It is the sense of the Senate that—

23 (1) the Global Hawk Maritime Demonstration

24 Program should be expanded to include the participa25 tion of forward deployed forces of the Navy and the
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1 Marine Corps in the area of responsibility of the

2 Commander of the United States Central Command;

3 and

4 (2) the Secretary of the Navy should compile the

5 lessons learned in the conduct of the demonstration

6 program specifically in that area of responsibility

7 and incorporate those lessons into the ongoing activi8 ties of the demonstration program for the development

9 of concepts of operations.

10 SEC. 8129. Of the amount appropriated or otherwise

11 made available by title IV of this Act under the heading

12 ‘‘Research, Development, Test and Evaluation, Navy’’, up

13 to $3,000,000 may be available to establish the Consortium

14 of Visualization Excellence for Underseas Warfare Modeling

15 and Simulation (COVE).

16 SEC. 8130. Of the amount appropriated by title IV

17 under the heading ‘‘Operation and Maintenance, Army’’,

18 up to $21,900,000 may be used for M1A1 Tank Trans19 mission Maintenance.

20 SEC. 8131. Of the amount appropriated or otherwise

21 made available by title IV of this Act under the heading

22 ‘‘Research, Development, Test and Evaluation, Navy’’, up

23 to $2,000,000 may be available to conduct a demonstration

24 of a prototype of the Improved Shipboard Combat Informa25 tion Center.
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1 SEC. 8132. (a)(1) Notwithstanding section 514 of the

2 Foreign Assistance Act of 1961 (22 U.S.C. 2321h), the

3 President may transfer to Israel, in exchange for conces4 sions to be negotiated by the Secretary of Defense, with the

5 concurrence of the Secretary of State, any or all of the items

6 described in paragraph (2).

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

8 artillery, automatic weapons ammunition, missiles, and

9 other munitions that—

10 (A) are obsolete or surplus items;

11 (B) are in the inventory of the Department of

12 Defense;

13 (C) are intended for use as reserve stocks for

14 Israel; and

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

16 located in a stockpile in Israel.

17 (b) The value of concessions negotiated pursuant to

18 subsection (a) shall be at least equal to the fair market value

19 of the items transferred. The concessions may include cash

20 compensation, services, waiver of charges otherwise payable

21 by the United States, and other items of value.

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

23 under the authority of this section, the President shall

24 transmit a notification of the proposed transfer to the Com25 mittees on Foreign Relations and Armed Services of the
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1 Senate and the Committees on International Relations and

2 Armed Services of the House of Representatives. The notifi3 cation shall identify the items to be transferred and the con4 cessions to be received.

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

6 this section more than 2 years after the date of the enact7 ment of this Act.

8 SEC. 8133. Section 514(b)(2) of the Foreign Assistance

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

10 (1) in subparagraph (A), by striking ‘‘for fiscal

11 year 2003’’ and inserting ‘‘for each of fiscal years

12 2004 and 2005’’; and

13 (2) in subparagraph (B), by striking ‘‘for fiscal

14 year 2003’’ and inserting ‘‘for a fiscal year’’.

15 SEC. 8134. (a) AVAILABILITY OF AMOUNT FOR RE16 SEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR

17 FORCE, FOR RADAR DEVELOPMENT.—Of The amount ap18 propriated or otherwise made available by title IV of this

19 Act under the heading ‘‘Research, Development, Test, and

20 Evaluation, Air Force’’, $7,000,000 may be available for

21 AN/APG–68(V)10 radar development for F–16 aircraft.

22 (b) CONSTRUCTION OF AMOUNT.—The amount avail23 able under subsection (a) for the purpose specified in that

24 subsection is in addition to any other amounts available

25 in this Act for that purpose.
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1 SEC. 8135. Of the amount appropriated in title IV

2 under the heading ‘‘Operational Test and Evaluation, De3 fense’’ up to $5,000,000 may be made available for the Joint

4 Test and Training Rapid Advanced Capabilities

5 (JTTRAC) Program.

6 SEC. 8136. (a) Public Law 108–199 is amended in di7 vision F, title I, section 110(g) by striking ‘‘Of the’’ and

8 inserting ‘‘Prior to distributing’’; striking ‘‘each’’ every

9 time it appears and inserting ‘‘the’’; striking ‘‘project’’

10 every time it appears and inserting ‘‘projects’’.

11 (b) The limitation under the heading ‘‘Federal-aid

12 Highways (Limitation on Obligations) (Highway Trust

13 Fund)’’ in Public Law 108–199 is increased by such sums

14 as may be necessary to ensure that each State receives an

15 amount of obligation authority equal to what each State

16 would have received under section 110(a)(6) of Public Law

17 108–199 but for the amendment made to section 110(g) of

18 Public Law 108–199 by subsection (a) of this section: Pro19 vided, That such additional authority shall remain avail20 able during fiscal years 2004 and 2005.

21 SEC. 8137. It is the sense of the Senate that—

22 (1) any request for funds for a fiscal year for an

23 ongoing military operation overseas, including oper24 ations in Afghanistan and Iraq, should be included in

25 the annual budget of the President for such fiscal year
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1 as submitted to Congress under section 1105(a) of

2 title 31, United States Code; and

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

4 such a military operation should be provided in ap5 propriations Acts for such fiscal year through appro6 priations to specific accounts set forth in such Acts.

7 SEC. 8138. Of the amount appropriated or otherwise

8 made available by title IV of the Act under the heading

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

10 to $5,000,000 may be available for the Broad Area Un11 manned Responsive Resupply Operations aircraft program.

12 SEC. 8139. Of the amount appropriated by title IV

13 under the heading ‘‘Research, Development, Test and Eval14 uation, Navy’’, up to $2,000,000 may be used for Handheld

15 Breath Diagnostics.

16 SEC. 8140. Of the amount appropriated by title IV

17 under the heading ‘‘Research, Development, Test and Eval18 uation, Navy’’, up to $1,800,000 may be used for the Joint

19 Logistics Information System program for the automated

20 scheduling tool.

21 SEC. 8141. Of the amount appropriated in title IV

22 under the heading ‘‘Research, Development, Test and Eval23 uation, Navy’’, up to $4,000,000 may be used for the Anti24 Sniper Infrared Targeting System.
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1 SEC. 8142. Of the amount appropriated or otherwise

2 made available by title IV of this Act under the heading

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

4 available for End Item Industrial Preparedness Activities,

5 up to $3,500,000 may be available for Laser Peening for

6 Army helicopters.

7 SEC. 8143. Of the amount appropriated or otherwise

8 made available by title IV of this Act under the heading

9 ‘‘Research, Development, Test and Evaluation, Air Force’’,

10 up to $2,000,000 may be available for Composites for Un11 manned Air Vehicles.

12 SEC. 8144. Of the amount appropriated or otherwise

13 made available by title IV of this Act under the heading

14 ‘‘Research, Development, Test and Evaluation, Defense15 Wide’’, up to $4,500,000 may be available for development

16 of the Suicide Bomber Detection System Using a Portable

17 Electronic Scanning Millimeter-Wave Imaging RADAR.

18 SEC. 8145. Of the funds available in ‘‘Research, Devel19 opment, Test and Evaluation, Navy’’, up to $3,000,000

20 may be made available for the ‘Mobile On-Scene Sensor Air21 craft Intelligence Command, Control and Computer Center’.

22 SEC. 8146. Of the funds available in ‘‘Research, Devel23 opment, Test and Evaluation, Army’’, up to $2,000,000

24 may be made available for ‘Care of Battlefield Wounds’.
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1 SEC. 8147. Of the amount appropriated or otherwise

2 made available by title IV of this Act under the heading

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

4 to $3,000,000 may be available to establish redundant sys5 tems to ensure continuity of operations and disaster recov6 ery at the United States Army Intelligence and Security

7 Command’s Intelligence Dominance Center.

8 SEC. 8148. Of the amounts appropriated by title IV

9 under the heading ‘‘Research, Development, Test and Eval10 uation, Army’’ and available for electronic warfare tech11 nology, up to $2,000,000 may be made available for the

12 Subterranean Target Identification Program.

13 SEC. 8149. Of the amounts appropriated by title IV

14 under the heading ‘‘Research, Development, Test and Eval15 uation, Army’’ and available for Defense Research Sciences,

16 up to $2,000,000 may be made available for the Program

17 for Intelligence Validation.

18 SEC. 8150. It is the sense of the Senate that—

19 (1) funds appropriated by title IV under the

20 heading ‘‘Research, Development, Test and Evalua21 tion, Defense-Wide’’ for chemical and biological de22 fense programs should be made available for the con23 tinued development of an end-to-end point of care

24 clinical diagnostic network to combat terrorism; and
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1 (2) such funds should be distributed to partner2 ships that combine universities and non-profit orga3 nizations with industrial partners to ensure the rapid

4 implementation of such clinical diagnostic network

5 for clinical use.

6 SEC. 8151. Of the amounts appropriated by title IV

7 under the heading ‘‘Research, Development, Test and Eval8 uation, Air Force’’ and available for aerospace propulsion

9 and technology, up to $3,000,000 may be made available

10 for the Versatile, Advanced Affordable Turbine Engine.

11 SEC. 8152. Of the amount appropriated or otherwise

12 made available by title IV of this Act under the heading

13 ‘‘Research, Development, Test, and Evaluation, Air Force’’,

14 up to $5,000,000 may be available for X–43C development.

15 SEC. 8153. Of the amount appropriated or otherwise

16 made available by title IV of this Act under the heading

17 ‘‘Research, Development, Test, and Evaluation, Defense18 Wide’’, up to $5,000,000 may be available for medical

19 equipment and combat casualty care technologies.

20 SEC. 8154. Of the funds appropriated, up to

21 $2,000,000 may be available for the Advanced Composite

22 Radome Project.

23 SEC. 8155. Notwithstanding any other provision of

24 law, the Secretary of the Air Force may, using funds avail25 able to the Air Force, demolish or provide for the demolition
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1 of any facilities or other improvements on real property at

2 the former Wurtsmith Air Force Base.

3 SEC. 8156. Of the amount appropriated by title III

4 under the heading ‘‘Aircraft Procurement, Air Force’’, up

5 to $7,000,000 may be available for F–16 Theater Airborne

6 Reconnaissance System upgrades.

7 SEC. 8157. For the purposes of applying sections 204

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

9 State, the Judiciary, and Related Agencies Appropriations

10 Act, 2004 (division B of Public Law 108–199) to matters

11 in title II of such Act under the heading ‘‘National Institute

12 of Standards and Technology’’ (118 Stat. 69), in the ac13 count under the heading ‘‘Industrial Technology Services’’,

14 the Secretary of Commerce shall make all determinations

15 based on the Industrial Technology Services funding level

16 of $218,782,000 for reprogramming and transferring of

17 funds for the Manufacturing Extension Partnership pro18 gram and may submit such a reprogramming or transfer,

19 as the case may be, to the appropriate committees within

20 30 days after the date of the enactment of this Act.

21 SEC. 8158. (a)(1) Not later than 180 days after the

22 date of the enactment of this Act, the Secretary of Defense

23 shall submit to Congress a report on mental health services

24 available to members of the Armed Forces and their depend25 ents.
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1 (2) The report required under paragraph (1) shall in2 clude the following:

3 (A) A comprehensive review of mental health

4 services that are available—

5 (i) to members of the Armed Forces who are

6 deployed in combat theaters;

7 (ii) to members of the Armed Forces at any

8 facilities in the United States; and

9 (iii) to dependents of members of the Armed

10 Forces during and after deployment of members

11 overseas.

12 (B) Data on the average number of service days

13 since September 11, 2001, on which members of the

14 Armed Forces were absent or excused from duty for

15 mental health reasons.

16 (C) A description of the current procedures for

17 reducing the negative perceptions among members of

18 the Armed Services that are often associated with

19 mental health counseling.

20 (D) A description of—

21 (i) the mental health services available to

22 members of the Armed Forces, including mem23 bers of the reserve components, and their depend24 ents; and

25 (ii) the barriers to access to such services.
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1 (E) An analysis of the extent to which the Sec2 retary of the Army has implemented the recommenda3 tions on mental health services that were made by the

4 Mental Health Advisory Team of the Army on March

5 25, 2004.

6 (F) A plan for actions that the Secretary deter7 mines appropriate for improving the delivery of ap8 propriate mental health services to members of the

9 Armed Forces and their dependents.

10 (b) Not later than 360 days after the date of the enact11 ment of this Act, the Secretary of Defense shall submit to

12 Congress a report that describes—

13 (1) the actions taken to implement the plan sub14 mitted under subsection (a)(2)(F); and

15 (2) the reasons why actions in the plan have not

16 been completed, if any.

17 SEC. 8159. Of the amount appropriated or otherwise

18 made available by title IV of this Act under the heading

19 ‘‘Research, Development, Test and Evaluation, Navy’’, up

20 to $5,000,000 may be available for support of the TIGER

21 pathogen detection system.

22 SEC. 8160. (a) RESCISSION.—There is rescinded an

23 amount equal to $795,280 from the amount appropriated

24 to carry out part B of title VII of the Higher Education

25 Act of 1965, in title III of division E of the Consolidated
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1 Appropriations Act, 2004 (Public Law 108–199; 118 Stat.

2 3). This amount shall reduce the funds available for the

3 projects specified in the statement of the managers on the

4 Conference Report 108–401 accompanying the Consolidated

5 Appropriations Act, 2004 (Public Law 108–199; 118 Stat.

6 3).

7 (b) DISREGARD AMOUNT.—In the statement of the

8 managers on the Conference Report 108–401 accompanying

9 the Consolidated Appropriations Act, 2004 (Public Law

10 108–199; 118 Stat. 3), in the matter in title III of division

11 E, relating to the Fund for the Improvement of Postsec12 ondary Education under the heading ‘‘Higher Education’’,

13 the provision specifying $800,000 for Wahpeton State

14 School of Science and North Dakota State University to re15 cruit, retain and train pharmacy technicians shall be dis16 regarded.

17 (c) APPROPRIATION.—There is appropriated an

18 amount equal to $795,280 to the Department of Labor, Em19 ployment and Training Administration for ‘‘Training and

20 Employment Services,’’ available for obligation for the pe21 riod from July 1, 2004, through June 30, 2005, of which—

22 (1) $200,000 shall be made available to the

23 North Dakota State School of Science to recruit, re24 tain, and train pharmacy technicians;
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1 (2) $297,640 shall be made available to Bis2 marck State College for training and education re3 lated to its electric power plant technologies cur4 riculum; and

5 (3) $297,640 shall be made available for Minot

6 State University for the Job Corps Fellowship Train7 ing Program.

8 SEC. 8161. Of the amount appropriated by title IV

9 under the heading ‘‘Research, Development, Test and Eval10 uation, Army’’, up to $2,500,000 may be used for small

11 business development and transition.

12 TITLE IX

13 CONTINGENT EMERGENCY RESERVE FUND

14 IRAQ FREEDOM FUND

15 (INCLUDING TRANSFER OF FUNDS)

16 For ‘‘Iraq Freedom Fund’’, $25,000,000,000, available

17 upon enactment, and to remain available for transfer until

18 September 30, 2006, only to support operations in Iraq or

19 Afghanistan: Provided, That the entire amount is des20 ignated by the Congress as an emergency requirement pur21 suant to section 502 of H. Con. Res. 95, the concurrent reso22 lution on the budget for fiscal year 2004: Provided further,

23 That the funds made available under this heading shall be

24 available only to the extent that an official budget request

25 for all or part of the funds is transmitted by the President
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1 to the Congress and includes designation of the amount of

2 that request as an emergency and essential to support ac3 tivities and agencies in Iraq or Afghanistan: Provided fur4 ther, That amounts provided under this heading shall be

5 available for transfer for the following activities:

6 Not less than $14,000,000,000 for ‘‘Operation

7 and Maintenance, Army’’;

8 Not less than $500,000,000 for ‘‘Operation and

9 Maintenance, Navy’’;

10 Not less than $2,200,000,000 for ‘‘Operation and

11 Maintenance, Marine Corps’’;

12 Not less than $200,000,000 for ‘‘Operation and

13 Maintenance, Air Force’’;

14 Not less than $695,400,000 for ‘‘Operation and

15 Maintenance, Defense-Wide’’;

16 Not less than $1,750,000,000 for procurement ac17 counts for the purposes of improving Army force pro18 tection, accelerating Army modularity, and procuring

19 essential Army equipment and munitions;

20 Not less than $554,000,000 for procurement ac21 counts for the purposes of improving Marine Corps

22 force protection, and procuring essential Navy and

23 Marine Corps equipment and munitions;

24 Not less than $746,000,000 for ‘‘Defense Health

25 Program’’, to include contracts entered into under the
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1 TRICARE program, notwithstanding restrictions

2 contained elsewhere in this Act;

3 $1,250,000,000 only for classified programs de4 scribed in further detail in the classified annex ac5 companying this Act;

6 Not less than $100,000,000 for ‘‘Operation and

7 Maintenance, Army’’ for the purposes of securing and

8 destroying conventional munitions in Iraq;

9 Not less than $504,600,000 for military per10 sonnel accounts;

11 Up to $740,000,000 for ‘‘Defense Working Cap12 ital Funds’’ for increased fuel costs;

13 Up to $100,000,000 for ‘‘National Guard and

14 Reserve Equipment’’;

15 Up to $100,000,000 for the Department of

16 Homeland Security, ‘‘United States Coast Guard, Op17 erating Expenses’’:

18 Provided further, That in addition to the transfers author19 ized in the preceding proviso, the Secretary of Defense may

20 transfer the funds provided herein to appropriations for

21 military personnel; operation and maintenance; ‘‘Overseas

22 Humanitarian, Disaster Assistance, and Civic Aid’’; pro23 curement; research, development, test and evaluation; ‘‘De24 fense Working Capital Funds’’; and ‘‘Defense Health Pro25 gram’’: Provided further, That the funds transferred under
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1 this heading shall be merged with and shall be available

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

3 appropriation to which transferred: Provided further, That

4 the transfer authority provided in this paragraph is in ad5 dition to any other transfer authority available to the De6 partment of Defense: Provided further, That upon a deter7 mination that all or part of the funds transferred from this

8 appropriation are not necessary for the purposes provided

9 herein, such amounts may be transferred back to this appro10 priation: Provided further, That the Secretary of Defense

11 shall, not fewer than 5 days prior to making transfers from

12 this appropriation, notify the congressional defense commit13 tees in writing of the details of any such transfer: Provided

14 further, That the Secretary of Defense shall submit a report

15 no later than 30 days after the end of each fiscal quarter

16 to the congressional defense committees summarizing the de17 tails of the transfer of funds from this appropriation.

18 GENERAL PROVISIONS, TITLE IX

19 SEC. 9001. During the current fiscal year, funds avail20 able to the Department of Defense for operation and mainte21 nance may be used, notwithstanding any other provision

22 of law, to provide supplies, services, transportation, includ23 ing airlift and sealift, and other logistical support to coali24 tion forces supporting military and stability operations in

25 Iraq and Afghanistan: Provided, That the Secretary of De-
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1 fense shall provide quarterly reports to the congressional de2 fense committees regarding support provided under this sec3 tion.

4 SEC. 9002. Notwithstanding any other provision of

5 law, from funds made available in this Act to the Depart6 ment of Defense under the heading ‘‘Operation and Mainte7 nance, Defense-Wide’’, not to exceed $250,000,000 may be

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

9 the Secretary of State, to provide assistance only to the New

10 Iraqi Army and the Afghan National Army to enhance their

11 capability to combat terrorism and to support U.S. mili12 tary operations in Iraq and Afghanistan: Provided, That

13 such assistance may include the provision of equipment,

14 supplies, services, training and funding: Provided further,

15 That the authority to provide assistance under this section

16 is in addition to any other authority to provide assistance

17 to foreign nations: Provided further, That the Secretary of

18 Defense shall notify the congressional defense committees

19 not less than 15 days before providing assistance under the

20 authority of this section.

21 SEC. 9003. During the current fiscal year, from funds

22 made available in this Act to the Department of Defense

23 for operation and maintenance, not to exceed $300,000,000

24 may be used, notwithstanding any other provision of law,

25 to fund the Commander’s Emergency Response Program, es-
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1 tablished by the Administrator of the Coalition Provisional

2 Authority for the purpose of enabling military commanders

3 in Iraq to respond to urgent humanitarian relief and recon4 struction requirements within their areas of responsibility

5 by carrying out programs that will immediately assist the

6 Iraqi people, and to fund a similar program to assist the

7 people of Afghanistan: Provided, That the Secretary of De8 fense shall provide quarterly reports to the congressional de9 fense committees regarding the source of funds and the allo10 cation and use of funds made available pursuant to the au11 thority provided in this section.

12 SEC. 9004. Section 202(b) of the Afghanistan Freedom

13 Support Act of 2002 (Public Law 107–327, as amended by

14 section 2206 of Public Law 108–106) is amended by strik15 ing ‘‘$450,000,000’’ and inserting in lieu of thereof

16 ‘‘$550,000,000’’.

17 SEC. 9005. None of the funds provided in this title may

18 be used to finance programs or activities denied by Congress

19 in fiscal years 2004 and 2005 appropriations to the De20 partment of Defense or to initiate a procurement or re21 search, development, test and evaluation new start program

22 without 30 days prior written notification to the congres23 sional defense committees.

24 SEC. 9006. In addition to amounts otherwise made

25 available in this Act, $50,000,000, is made available upon
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1 enactment for ‘‘Office of Justice Programs—State and

2 Local Law Enforcement Assistance’’ for discretionary

3 grants under the Edward Byrne Memorial State and Local

4 Law Enforcement Assistance Programs for reimbursement

5 to State and local law enforcement entities for security and

6 related costs, including overtime, associated with the 2004

7 Presidential Candidate Nominating Conventions, to remain

8 available until September 30, 2005: Provided, That from

9 funds provided in this section the Office of Justice Pro10 grams shall make grants in the amount of $25,000,000 to

11 the City of Boston, Massachusetts; and $25,000,000 to the

12 City of New York, New York: Provided further, That the

13 entire amount is designated by the Congress as an emer14 gency requirement pursuant to section 502 of H. Con. Res.

15 95, the concurrent resolution on the budget for fiscal year

16 2004: Provided further, That the entire amount shall be

17 available only to the extent that an official budget request

18 for $50,000,000, that includes designation of the entire

19 amount of the request as an emergency requirement as de20 fined in H. Con. Res. 95, the concurrent resolution on the

21 budget for fiscal year 2004, is transmitted by the President

22 to the Congress.
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1 TITLE X

2 BILATERAL ECONOMIC ASSISTANCE

3 FUNDS APPROPRIATED TO THE PRESIDENT

4 UNITED STATES AGENCY FOR INTERNATIONAL

5 DEVELOPMENT

6 INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

7 For an additional amount for ‘‘International Disaster

8 and Famine Assistance’’, $70,000,000, to remain available

9 until expended: Provided, That funds appropriated by this

10 paragraph shall be available to respond to the humani11 tarian crisis in the Darfur region of Sudan and in Chad:

12 Provided further, That such amount is designated as an

13 emergency requirement pursuant to section 502 of H. Con.

14 Res. 95 (108th Congress): Provided further, That such

15 amount shall be available only to the extent that an official

16 budget request for a specific dollar amount, that includes

17 designation of the entire amount of the request as an emer18 gency requirement as defined in H. Con. Res. 95 (108th

19 Congress), is transmitted by the President to Congress: Pro20 vided further, That funds shall be made available under this

21 heading immediately upon enactment of this Act.

22 DEPARTMENT OF STATE

23 MIGRATION AND REFUGEE ASSISTANCE

24 For an additional amount for ‘‘Migration and Refugee

25 Assistance’’, $25,000,000, to remain available until ex-
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1 pended: Provided, That funds appropriated by this para2 graph shall be available to respond to the humanitarian

3 crisis in the Darfur region of Sudan and in Chad: Provided

4 further, That such amount is designated as an emergency

5 requirement pursuant to section 502 of H. Con. Res. 95

6 (108th Congress): Provided further, That such amount shall

7 be available only to the extent that an official budget request

8 for a specific dollar amount, that includes designation of

9 the entire amount of the request as an emergency require10 ment as defined in H. Con. Res. 95 (108th Congress), is

11 transmitted by the President to Congress: Provided further,

12 That funds shall be made available under this heading im13 mediately upon enactment of this Act.

14 This Act may be cited as the ‘‘Department of Defense

15 Appropriations Act, 2005’’.

Attest:

Secretary.
108TH CONGRESS

2D SESSION H. R. 4613

AMENDMENT