IB 

Union Calendar No. 321 

108TH CONGRESS 

2D SESSION H. R. 4613 

[Report No. 108–553] 

Making appropriations for the Department of Defense for the fiscal year 

ending September 30, 2005, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 18, 2004 

Mr. LEWIS of California, from the Committee on Appropriations, reported the 

following bill; which was committed to the Committee of the Whole House 

on the State of the Union and ordered to be printed 

A BILL 

Making appropriations for the Department of Defense for 

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

purposes. 

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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

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

7 other purposes, namely: 
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1 TITLE I 

2 MILITARY PERSONNEL 

3 MILITARY PERSONNEL, ARMY

4 For pay, allowances, individual clothing, subsistence, 

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

8 between permanent duty stations, for members of the 

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

11 and for payments pursuant to section 156 of Public Law 

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

14 $29,507,672,000. 

15 MILITARY PERSONNEL, NAVY

16 For pay, allowances, individual clothing, subsistence, 

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

20 between permanent duty stations, for members of the 

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

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

24 377, as amended (42 U.S.C. 402 note), and to the Depart-
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1 ment of Defense Military Retirement Fund, 

2 $24,416,157,000. 

3 MILITARY PERSONNEL, MARINE CORPS

4 For pay, allowances, individual clothing, subsistence, 

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

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

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

12 402 note), and to the Department of Defense Military Re13 tirement Fund, $9,591,102,000. 

14 MILITARY PERSONNEL, AIR FORCE

15 For pay, allowances, individual clothing, subsistence, 

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

19 between permanent duty stations, for members of the Air 

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

22 and for payments pursuant to section 156 of Public Law 

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

25 $24,291,411,000. 
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1 RESERVE PERSONNEL, ARMY

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

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

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

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

7 States Code, in connection with performing duty specified 

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

9 while undergoing reserve training, or while performing 

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

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

13 and for payments to the Department of Defense Military 

14 Retirement Fund, $3,719,990,000. 

15 RESERVE PERSONNEL, NAVY

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

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

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

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

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

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

25 Corps, and expenses authorized by section 16131 of title 
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1 10, United States Code; and for payments to the Depart2 ment of Defense Military Retirement Fund, 

3 $2,108,232,000. 

4 RESERVE PERSONNEL, MARINE CORPS

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

6 travel, and related expenses for personnel of the Marine 

7 Corps Reserve on active duty under section 10211 of title 

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

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

10 in connection with performing duty specified in section 

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

14 leaders class, and expenses authorized by section 16131 

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

16 Department of Defense Military Retirement Fund, 

17 $653,073,000. 

18 RESERVE PERSONNEL, AIR FORCE

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

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

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

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

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

24 States Code, in connection with performing duty specified 

25 in section 12310(a) of title 10, United States Code, or 
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1 while undergoing reserve training, or while performing 

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

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

4 authorized by section 16131 of title 10, United States 

5 Code; and for payments to the Department of Defense 

6 Military Retirement Fund, $1,451,950,000. 

7 NATIONAL GUARD PERSONNEL, ARMY

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

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

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

12 States Code, or while serving on duty under section 

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

14 States Code, in connection with performing duty specified 

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

16 while undergoing training, or while performing drills or 

17 equivalent duty or other duty, and expenses authorized by 

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

20 Fund, $5,915,229,000. 

21 NATIONAL GUARD PERSONNEL, AIR FORCE

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

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

25 12402 of title 10 or section 708 of title 32, United States 
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1 Code, or while serving on duty under section 12301(d) of 

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

3 in connection with performing duty specified in section 

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

6 duty or other duty, and expenses authorized by section 

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

8 to the Department of Defense Military Retirement Fund, 

9 $2,536,742,000. 

10 TITLE II 

11 OPERATION AND MAINTENANCE 

12 OPERATION AND MAINTENANCE, ARMY

13 (INCLUDING TRANSFER OF FUNDS)

14 For expenses, not otherwise provided for, necessary 

15 for the operation and maintenance of the Army, as author16 ized by law; and not to exceed $11,144,000 can be used 

17 for emergencies and extraordinary expenses, to be ex18 pended on the approval or authority of the Secretary of 

19 the Army, and payments may be made on his certificate 

20 of necessity for confidential military purposes, 

21 $25,820,311,000: Provided, That of the funds appro22 priated in this paragraph, not less than $355,000,000 

23 shall be made available only for conventional ammunition 

24 care and maintenance: Provided further, That of funds 

25 made available under this heading, $2,500,000 shall be 
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1 available for Fort Baker, in accordance with the terms and 

2 conditions as provided under the heading ‘‘Operation and 

3 Maintenance, Army’’, in Public Law 107–117. 

4 OPERATION AND MAINTENANCE, NAVY

5 For expenses, not otherwise provided for, necessary 

6 for the operation and maintenance of the Navy and the 

7 Marine Corps, as authorized by law; and not to exceed 

8 $4,525,000 can be used for emergencies and extraordinary 

9 expenses, to be expended on the approval or authority of 

10 the Secretary of the Navy, and payments may be made 

11 on his certificate of necessity for confidential military pur12 poses, $29,570,090,000. 

13 OPERATION AND MAINTENANCE, MARINE CORPS

14 For expenses, not otherwise provided for, necessary 

15 for the operation and maintenance of the Marine Corps, 

16 as authorized by law, $3,605,815,000. 

17 OPERATION AND MAINTENANCE, AIR FORCE

18 For expenses, not otherwise provided for, necessary 

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

20 authorized by law; and not to exceed $7,699,000 can be 

21 used for emergencies and extraordinary expenses, to be ex22 pended on the approval or authority of the Secretary of 

23 the Air Force, and payments may be made on his certifi24 cate of necessity for confidential military purposes, 

25 $27,994,110,000: Provided, That notwithstanding any 
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1 other provision of law, that of the funds available under 

2 this heading, $750,000 shall only be available to the Sec3 retary of the Air Force for a grant to Florida Memorial 

4 College for the purpose of funding minority aviation train5 ing. 

6 OPERATION AND MAINTENANCE, DEFENSE-WIDE

7 (INCLUDING TRANSFER OF FUNDS)

8 For expenses, not otherwise provided for, necessary 

9 for the operation and maintenance of activities and agen10 cies of the Department of Defense (other than the military 

11 departments), as authorized by law, $17,346,411,000, of 

12 which not to exceed $25,000,000 may be available for the 

13 Combatant Commander Initiative Fund; and of which not 

14 to exceed $40,000,000 can be used for emergencies and 

15 extraordinary expenses, to be expended on the approval 

16 or authority of the Secretary of Defense, and payments 

17 may be made on his certificate of necessity for confidential 

18 military purposes: Provided, That notwithstanding any 

19 other provision of law, of the funds provided in this Act 

20 for Civil Military programs under this heading, $500,000 

21 shall be available for a grant for Outdoor Odyssey, Roar22 ing Run, Pennsylvania, to support the Youth Development 

23 and Leadership program and Department of Defense 

24 STARBASE program: Provided further, That of the funds 

25 made available under this heading, $3,000,000 shall be 
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1 available only for a Washington-based internship and im2 mersion program to allow U.S. Asian-American Pacific Is3 lander undergraduate college and university students from 

4 economically disadvantaged backgrounds to participate in 

5 academic and educational programs in the Department of 

6 Defense and related Federal defense agencies: Provided 

7 further, 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 

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

12 service headquarters of one of the Armed Forces into a 

13 legislative affairs or legislative liaison office: Provided fur14 ther, That $4,000,000, to remain available until expended, 

15 is available only for expenses relating to certain classified 

16 activities, and may be transferred as necessary by the Sec17 retary to operation and maintenance appropriations or re18 search, development, test and evaluation appropriations, 

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

20 period as the appropriations to which transferred: Pro21 vided further, That any ceiling on the investment item unit 

22 cost of items that may be purchased with operation and 

23 maintenance funds shall not apply to the funds described 

24 in the preceding proviso: Provided further, That the trans25 fer authority provided under this heading is in addition 
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1 to any other transfer authority provided elsewhere in this 

2 Act. 

3 OPERATION AND MAINTENANCE, ARMY RESERVE

4 For expenses, not otherwise provided for, necessary 

5 for the operation and maintenance, including training, or6 ganization, and administration, of the Army Reserve; re7 pair of facilities and equipment; hire of passenger motor 

8 vehicles; travel and transportation; care of the dead; re9 cruiting; procurement of services, supplies, and equip10 ment; and communications, $1,976,128,000. 

11 OPERATION AND MAINTENANCE, NAVY RESERVE

12 For expenses, not otherwise provided for, necessary 

13 for the operation and maintenance, including training, or14 ganization, and administration, of the Navy Reserve; re15 pair of facilities and equipment; hire of passenger motor 

16 vehicles; travel and transportation; care of the dead; re17 cruiting; procurement of services, supplies, and equip18 ment; and communications, $1,233,038,000. 

19 OPERATION AND MAINTENANCE, MARINE CORPS

20 RESERVE

21 For expenses, not otherwise provided for, necessary 

22 for the operation and maintenance, including training, or23 ganization, and administration, of the Marine Corps Re24 serve; repair of facilities and equipment; hire of passenger 

25 motor vehicles; travel and transportation; care of the dead; 
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1 recruiting; procurement of services, supplies, and equip2 ment; and communications, $187,196,000. 

3 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

4 For expenses, not otherwise provided for, necessary 

5 for the operation and maintenance, including training, or6 ganization, and administration, of the Air Force Reserve; 

7 repair of facilities and equipment; hire of passenger motor 

8 vehicles; travel and transportation; care of the dead; re9 cruiting; procurement of services, supplies, and equip10 ment; and communications, $2,227,190,000. 

11 OPERATION AND MAINTENANCE, ARMY NATIONAL

12 GUARD

13 For expenses of training, organizing, and admin14 istering the Army National Guard, including medical and 

15 hospital treatment and related expenses in non-Federal 

16 hospitals; maintenance, operation, and repairs to struc17 tures and facilities; hire of passenger motor vehicles; per18 sonnel services in the National Guard Bureau; travel ex19 penses (other than mileage), as authorized by law for 

20 Army personnel on active duty, for Army National Guard 

21 division, regimental, and battalion commanders while in22 specting units in compliance with National Guard Bureau 

23 regulations when specifically authorized by the Chief, Na24 tional Guard Bureau; supplying and equipping the Army 

25 National Guard as authorized by law; and expenses of re-
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1 pair, modification, maintenance, and issue of supplies and 

2 equipment (including aircraft), $4,376,886,000. 

3 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

4 For expenses of training, organizing, and admin5 istering the Air National Guard, including medical and 

6 hospital treatment and related expenses in non-Federal 

7 hospitals; maintenance, operation, and repairs to struc8 tures and facilities; transportation of things, hire of pas9 senger motor vehicles; supplying and equipping the Air 

10 National Guard, as authorized by law; expenses for repair, 

11 modification, maintenance, and issue of supplies and 

12 equipment, including those furnished from stocks under 

13 the control of agencies of the Department of Defense; 

14 travel expenses (other than mileage) on the same basis as 

15 authorized by law for Air National Guard personnel on 

16 active Federal duty, for Air National Guard commanders 

17 while inspecting units in compliance with National Guard 

18 Bureau regulations when specifically authorized by the 

19 Chief, National Guard Bureau, $4,438,738,000. 

20 OVERSEAS CONTINGENCY OPERATIONS TRANSFER

21 ACCOUNT

22 (INCLUDING TRANSFER OF FUNDS)

23 For expenses directly relating to Overseas Contin24 gency Operations by United States military forces, 

25 $5,000,000, to remain available until expended: Provided, 
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1 That the Secretary of Defense may transfer these funds 

2 only to military personnel accounts; operation and mainte3 nance accounts within this title; the Defense Health Pro4 gram appropriation; procurement accounts; research, de5 velopment, test and evaluation accounts; and to working 

6 capital funds: Provided further, That the funds transferred 

7 shall be merged with and shall be available for the same 

8 purposes and for the same time period, as the appropria9 tion to which transferred: Provided further, That upon a 

10 determination that all or part of the funds transferred 

11 from this appropriation are not necessary for the purposes 

12 provided herein, such amounts may be transferred back 

13 to this appropriation: Provided further, That the transfer 

14 authority provided in this paragraph is in addition to any 

15 other transfer authority contained elsewhere in this Act. 

16 UNITED STATES COURT OF APPEALS FOR THE ARMED

17 FORCES

18 For salaries and expenses necessary for the United 

19 States Court of Appeals for the Armed Forces, 

20 $10,825,000, of which not to exceed $5,000 may be used 

21 for official representation purposes. 

22 ENVIRONMENTAL RESTORATION, ARMY

23 (INCLUDING TRANSFER OF FUNDS)

24 For the Department of the Army, $400,948,000, to 

25 remain available until transferred: Provided, That the Sec-
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1 retary of the Army shall, upon determining that such 

2 funds are required for environmental restoration, reduc3 tion and recycling of hazardous waste, removal of unsafe 

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

5 for similar purposes, transfer the funds made available by 

6 this appropriation to other appropriations made available 

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

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

9 time period as the appropriations to which transferred: 

10 Provided further, That upon a determination that all or 

11 part of the funds transferred from this appropriation are 

12 not necessary for the purposes provided herein, such 

13 amounts may be transferred back to this appropriation. 

14 ENVIRONMENTAL RESTORATION, NAVY

15 (INCLUDING TRANSFER OF FUNDS)

16 For the Department of the Navy, $266,820,000, to 

17 remain available until transferred: Provided, That the Sec18 retary of the Navy shall, upon determining that such 

19 funds are required for environmental restoration, reduc20 tion and recycling of hazardous waste, removal of unsafe 

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

22 for similar purposes, transfer the funds made available by 

23 this appropriation to other appropriations made available 

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

25 to be available for the same purposes and for the same 
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1 time period as the appropriations to which transferred: 

2 Provided further, That upon a determination that all or 

3 part of the funds transferred from this appropriation are 

4 not necessary for the purposes provided herein, such 

5 amounts may be transferred back to this appropriation. 

6 ENVIRONMENTAL RESTORATION, AIR FORCE

7 (INCLUDING TRANSFER OF FUNDS)

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

9 to remain available until transferred: Provided, That the 

10 Secretary of the Air Force shall, upon determining that 

11 such funds are required for environmental restoration, re12 duction and recycling of hazardous waste, removal of un13 safe buildings and debris of the Department of the Air 

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

15 available by this appropriation to other appropriations 

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

17 merged with and to be available for the same purposes 

18 and for the same time period as the appropriations to 

19 which transferred: Provided further, That upon a deter20 mination that all or part of the funds transferred from 

21 this appropriation are not necessary for the purposes pro22 vided herein, such amounts may be transferred back to 

23 this appropriation. 
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1 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

2 (INCLUDING TRANSFER OF FUNDS)

3 For the Department of Defense, $26,684,000, to re4 main available until transferred: Provided, That the Sec5 retary of Defense 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 Defense, or for similar 

9 purposes, transfer the funds made available by this appro10 priation to other appropriations made available to the De11 partment of Defense, to be merged with and to be avail12 able for the same purposes and for the same time period 

13 as the appropriations to which transferred: Provided fur14 ther, That upon a determination that all or part of the 

15 funds transferred from this appropriation are not nec16 essary for the purposes provided herein, such amounts 

17 may be transferred back to this appropriation. 

18 ENVIRONMENTAL RESTORATION, FORMERLY USED

19 DEFENSE SITES

20 (INCLUDING TRANSFER OF FUNDS)

21 For the Department of the Army, $216,516,000, to 

22 remain available until transferred: Provided, That the Sec23 retary of the Army shall, upon determining that such 

24 funds are required for environmental restoration, reduc25 tion and recycling of hazardous waste, removal of unsafe 
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1 buildings and debris at sites formerly used by the Depart2 ment of Defense, transfer the funds made available by this 

3 appropriation to other appropriations made available to 

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

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

6 period as the appropriations to which transferred: Pro7 vided further, That upon a determination that all or part 

8 of the funds transferred from this appropriation are not 

9 necessary for the purposes provided herein, such amounts 

10 may be transferred back to this appropriation. 

11 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

12 For expenses relating to the Overseas Humanitarian, 

13 Disaster, and Civic Aid programs of the Department of 

14 Defense (consisting of the programs provided under sec15 tions 401, 402, 404, 2557, and 2561 of title 10, United 

16 States Code), $59,000,000, to remain available until Sep17 tember 30, 2006. 

18 FORMER SOVIET UNION THREAT REDUCTION ACCOUNT

19 For assistance to the republics of the former Soviet 

20 Union, including assistance provided by contract or by 

21 grants, for facilitating the elimination and the safe and 

22 secure transportation and storage of nuclear, chemical and 

23 other weapons; for establishing programs to prevent the 

24 proliferation of weapons, weapons components, and weap25 on-related technology and expertise; for programs relating 
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1 to the training and support of defense and military per2 sonnel for demilitarization and protection of weapons, 

3 weapons components and weapons technology and exper4 tise, and for defense and military contacts, $409,200,000, 

5 to remain available until September 30, 2007. 

6 TITLE III 

7 PROCUREMENT 

8 AIRCRAFT PROCUREMENT, ARMY

9 For construction, procurement, production, modifica10 tion, and modernization of aircraft, equipment, including 

11 ordnance, ground handling equipment, spare parts, and 

12 accessories therefor; specialized equipment and training 

13 devices; expansion of public and private plants, including 

14 the land necessary therefor, for the foregoing purposes, 

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

16 and construction prosecuted thereon prior to approval of 

17 title; and procurement and installation of equipment, ap18 pliances, and machine tools in public and private plants; 

19 reserve plant and Government and contractor-owned 

20 equipment layaway; and other expenses necessary for the 

21 foregoing purposes, $3,107,941,000, to remain available 

22 for obligation until September 30, 2007, of which 

23 $320,600,000 shall be for the Army National Guard and 

24 Army Reserve. 
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1 MISSILE PROCUREMENT, ARMY

2 For construction, procurement, production, modifica3 tion, and modernization of missiles, equipment, including 

4 ordnance, ground handling equipment, spare parts, and 

5 accessories therefor; specialized equipment and training 

6 devices; expansion of public and private plants, including 

7 the land necessary therefor, for the foregoing purposes, 

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

9 and construction prosecuted thereon prior to approval of 

10 title; and procurement and installation of equipment, ap11 pliances, and machine tools in public and private plants; 

12 reserve plant and Government and contractor-owned 

13 equipment layaway; and other expenses necessary for the 

14 foregoing purposes, $1,327,000,000, to remain available 

15 for obligation until September 30, 2007, of which 

16 $29,400,000 shall be for the Army National Guard and 

17 Army Reserve. 

18 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

19 VEHICLES, ARMY

20 For construction, procurement, production, and 

21 modification of weapons and tracked combat vehicles, 

22 equipment, including ordnance, spare parts, and acces23 sories therefor; specialized equipment and training devices; 

24 expansion of public and private plants, including the land 

25 necessary therefor, for the foregoing purposes, and such 
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1 lands and interests therein, may be acquired, and con2 struction prosecuted thereon prior to approval of title; and 

3 procurement and installation of equipment, appliances, 

4 and machine tools in public and private plants; reserve 

5 plant and Government and contractor-owned equipment 

6 layaway; and other expenses necessary for the foregoing 

7 purposes, $2,773,695,000, to remain available for obliga8 tion until September 30, 2007, of which $13,700,000 shall 

9 be for the Army National Guard and Army Reserve. 

10 PROCUREMENT OF AMMUNITION, ARMY

11 For construction, procurement, production, and 

12 modification of ammunition, and accessories therefor; spe13 cialized equipment and training devices; expansion of pub14 lic and private plants, including ammunition facilities au15 thorized by section 2854 of title 10, United States Code, 

16 and the land necessary therefor, for the foregoing pur17 poses, and such lands and interests therein, may be ac18 quired, and construction prosecuted thereon prior to ap19 proval of title; and procurement and installation of equip20 ment, appliances, and machine tools in public and private 

21 plants; reserve plant and Government and contractor22 owned equipment layaway; and other expenses necessary 

23 for the foregoing purposes, $1,608,302,000, to remain 

24 available for obligation until September 30, 2007, of which 
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1 $215,900,000 shall be for the Army National Guard and 

2 Army Reserve. 

3 OTHER PROCUREMENT, ARMY

4 For construction, procurement, production, and 

5 modification of vehicles, including tactical, support, and 

6 non-tracked combat vehicles; the purchase of passenger 

7 motor vehicles for replacement only; communications and 

8 electronic equipment; other support equipment; spare 

9 parts, ordnance, and accessories therefor; specialized 

10 equipment and training devices; expansion of public and 

11 private plants, including the land necessary therefor, for 

12 the foregoing purposes, and such lands and interests 

13 therein, may be acquired, and construction prosecuted 

14 thereon prior to approval of title; and procurement and 

15 installation of equipment, appliances, and machine tools 

16 in public and private plants; reserve plant and Govern17 ment and contractor-owned equipment layaway; and other 

18 expenses necessary for the foregoing purposes, 

19 $4,868,371,000, to remain available for obligation until 

20 September 30, 2007, of which $900,000,000 shall be for 

21 the Army National Guard and Army Reserve. 

22 AIRCRAFT PROCUREMENT, NAVY

23 For construction, procurement, production, modifica24 tion, and modernization of aircraft, equipment, including 

25 ordnance, spare parts, and accessories therefor; specialized 
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1 equipment; expansion of public and private plants, includ2 ing the land necessary therefor, and such lands and inter3 ests therein, may be acquired, and construction prosecuted 

4 thereon prior to approval of title; and procurement and 

5 installation of equipment, appliances, and machine tools 

6 in public and private plants; reserve plant and Govern7 ment and contractor-owned equipment layaway, 

8 $8,841,824,000, to remain available for obligation until 

9 September 30, 2007, of which $89,846,000 shall be for 

10 the Navy Reserve and Marine Corps Reserve. 

11 WEAPONS PROCUREMENT, NAVY

12 For construction, procurement, production, modifica13 tion, and modernization of missiles, torpedoes, other weap14 ons, and related support equipment including spare parts, 

15 and accessories therefor; expansion of public and private 

16 plants, including the land necessary therefor, and such 

17 lands and interests therein, may be acquired, and con18 struction prosecuted thereon prior to approval of title; and 

19 procurement and installation of equipment, appliances, 

20 and machine tools in public and private plants; reserve 

21 plant and Government and contractor-owned equipment 

22 layaway, $1,993,754,000, to remain available for obliga23 tion until September 30, 2007. 
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1 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

2 CORPS

3 For construction, procurement, production, and 

4 modification of ammunition, and accessories therefor; spe5 cialized equipment and training devices; expansion of pub6 lic and private plants, including ammunition facilities au7 thorized by section 2854 of title 10, United States Code, 

8 and the land necessary therefor, for the foregoing pur9 poses, and such lands and interests therein, may be ac10 quired, and construction prosecuted thereon prior to ap11 proval of title; and procurement and installation of equip12 ment, appliances, and machine tools in public and private 

13 plants; reserve plant and Government and contractor14 owned equipment layaway; and other expenses necessary 

15 for the foregoing purposes, $885,340,000, to remain avail16 able for obligation until September 30, 2007, of which 

17 $27,130,000 shall be for the Navy Reserve and Marine 

18 Corps Reserve. 

19 SHIPBUILDING AND CONVERSION, NAVY

20 For expenses necessary for the construction, acquisi21 tion, or conversion of vessels as authorized by law, includ22 ing armor and armament thereof, plant equipment, appli23 ances, and machine tools and installation thereof in public 

24 and private plants; reserve plant and Government and con25 tractor-owned equipment layaway; procurement of critical, 
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1 long leadtime components and designs for vessels to be 

2 constructed or converted in the future; and expansion of 

3 public and private plants, including land necessary there4 for, and such lands and interests therein, may be acquired, 

5 and construction prosecuted thereon prior to approval of 

6 title, as follows: 

7 Carrier Replacement program (AP), $626,084,000; 

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

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

10 SSGN, $469,226,000; 

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

12 CVN Refueling Overhauls (AP), $333,061,000; 

13 SSN Submarine Refueling Overhauls (AP), 

14 $19,368,000; 

15 SSBN Submarine Refueling Overhauls, 

16 $262,229,000; 

17 SSBN Submarine Refueling Overhauls (AP), 

18 $63,971,000; 

19 DDG–51 Destroyer, $3,444,950,000; 

20 DDG–51 Destroyer (AP), $125,000,000; 

21 DDG–51 Modernization, $100,000,000; 

22 LHD–8, $236,018,000; 

23 LPD–17, $966,559,000; 

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

25 Service Craft, $38,599,000; 
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1 LCAC Landing Craft Air Cushion SLEP, 

2 $90,490,000; 

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

4 For outfitting, post delivery, conversions, and first 

5 destination transportation, $403,327,000. 

6 In all: $10,189,327,000, to remain available for obli7 gation until September 30, 2009: Provided, That addi8 tional obligations may be incurred after September 30, 

9 2009, for engineering services, tests, evaluations, and 

10 other such budgeted work that must be performed in the 

11 final stage of ship construction: Provided further, That 

12 none of the funds provided under this heading for the con13 struction or conversion of any naval vessel to be con14 structed in shipyards in the United States shall be ex15 pended in foreign facilities for the construction of major 

16 components of such vessel: Provided further, That none 

17 of the funds provided under this heading shall be used 

18 for the construction of any naval vessel in foreign ship19 yards. 

20 OTHER PROCUREMENT, NAVY

21 For procurement, production, and modernization of 

22 support equipment and materials not otherwise provided 

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

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

25 of passenger motor vehicles for replacement only; expan-
27 

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1 sion of public and private plants, including the land nec2 essary therefor, and such lands and interests therein, may 

3 be acquired, and construction prosecuted thereon prior to 

4 approval of title; and procurement and installation of 

5 equipment, appliances, and machine tools in public and 

6 private plants; reserve plant and Government and con7 tractor-owned equipment layaway, $4,980,325,000, to re8 main available for obligation until September 30, 2007, 

9 of which $37,373,000 shall be for the Navy Reserve and 

10 Marine Corps Reserve: Provided, That funds available in 

11 this appropriation may be used for TRIDENT modifica12 tions associated with force protection and security require13 ments. 

14 PROCUREMENT, MARINE CORPS

15 For expenses necessary for the procurement, manu16 facture, and modification of missiles, armament, military 

17 equipment, spare parts, and accessories therefor; plant 

18 equipment, appliances, and machine tools, and installation 

19 thereof in public and private plants; reserve plant and 

20 Government and contractor-owned equipment layaway; ve21 hicles for the Marine Corps, including the purchase of pas22 senger motor vehicles for replacement only; and expansion 

23 of public and private plants, including land necessary 

24 therefor, and such lands and interests therein, may be ac25 quired, and construction prosecuted thereon prior to ap-
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1 proval of title, $1,462,703,000, to remain available for ob2 ligation until September 30, 2007, of which $55,608,000 

3 shall be available for the Marine Corps Reserve. 

4 AIRCRAFT PROCUREMENT, AIR FORCE

5 For construction, procurement, and modification of 

6 aircraft and equipment, including armor and armament, 

7 specialized ground handling equipment, and training de8 vices, spare parts, and accessories therefor; specialized 

9 equipment; expansion of public and private plants, Gov10 ernment-owned equipment and installation thereof in such 

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

12 the foregoing purposes, and such lands and interests 

13 therein, may be acquired, and construction prosecuted 

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

16 other expenses necessary for the foregoing purposes in17 cluding rents and transportation of things, 

18 $13,289,984,000, to remain available for obligation until 

19 September 30, 2007, of which $303,700,000 shall be 

20 available for the Air National Guard and Air Force Re21 serve: Provided, That amounts provided under this head22 ing shall be used for the procurement of 15 C–17 aircraft: 

23 Provided further, That amounts provided under this head24 ing shall be used for the advance procurement of not less 

25 than 15 C–17 aircraft: Provided further, That the Sec-
29 

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1 retary of the Air Force shall fully fund the procurement 

2 of not less than 15 C–17 aircraft in fiscal year 2006. 

3 MISSILE PROCUREMENT, AIR FORCE

4 For construction, procurement, and modification of 

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

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

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

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

12 construction prosecuted thereon prior to approval of title; 

13 reserve plant and Government and contractor-owned 

14 equipment layaway; and other expenses necessary for the 

15 foregoing purposes including rents and transportation of 

16 things, $4,425,013,000, to remain available for obligation 

17 until September 30, 2007. 

18 PROCUREMENT OF AMMUNITION, AIR FORCE

19 For construction, procurement, production, and 

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

24 and the land necessary therefor, for the foregoing pur25 poses, and such lands and interests therein, may be ac-
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1 quired, and construction prosecuted thereon prior to ap2 proval of title; and procurement and installation of equip3 ment, appliances, and machine tools in public and private 

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

6 for the foregoing purposes, $1,346,557,000, to remain 

7 available for obligation until September 30, 2007, of which 

8 $150,500,000 shall be for the Air National Guard and Air 

9 Force Reserve. 

10 OTHER PROCUREMENT, AIR FORCE

11 For procurement and modification of equipment (in12 cluding ground guidance and electronic control equipment, 

13 and ground electronic and communication equipment), 

14 and supplies, materials, and spare parts therefor, not oth15 erwise provided for; the purchase of passenger motor vehi16 cles for replacement only; lease of passenger motor vehi17 cles; and expansion of public and private plants, Govern18 ment-owned equipment and installation thereof in such 

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

20 the foregoing purposes, and such lands and interests 

21 therein, may be acquired, and construction prosecuted 

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

24 $13,199,607,000, to remain available for obligation until 
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1 September 30, 2007, of which $198,300,000 shall be for 

2 the Air National Guard and Air Force Reserve. 

3 PROCUREMENT, DEFENSE-WIDE

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

6 necessary for procurement, production, and modification 

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

9 motor vehicles for replacement only; expansion of public 

10 and private plants, equipment, and installation thereof in 

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

12 for the foregoing purposes, and such lands and interests 

13 therein, may be acquired, and construction prosecuted 

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

16 $3,028,033,000, to remain available for obligation until 

17 September 30, 2007. 

18 DEFENSE PRODUCTION ACT PURCHASES

19 For activities by the Department of Defense pursuant 

20 to sections 108, 301, 302, and 303 of the Defense Produc21 tion Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 

22 2093), $27,015,000, to remain available until expended. 
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1 TITLE IV 

2 RESEARCH, DEVELOPMENT, TEST AND 

3 EVALUATION 

4 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

5 ARMY

6 For expenses necessary for basic and applied sci7 entific research, development, test and evaluation, includ8 ing maintenance, rehabilitation, lease, and operation of fa9 cilities and equipment, $10,220,123,000, to remain avail10 able for obligation until September 30, 2006: Provided, 

11 That of the amounts provided under this heading, 

12 $10,000,000 for Molecular Genetics and Musculoskeletal 

13 Research in program element 0602787A shall remain 

14 available until expended. 

15 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

16 NAVY

17 For expenses necessary for basic and applied sci18 entific research, development, test and evaluation, includ19 ing maintenance, rehabilitation, lease, and operation of fa20 cilities and equipment, $16,532,361,000, to remain avail21 able for obligation until September 30, 2006: Provided, 

22 That funds appropriated in this paragraph which are 

23 available for the V–22 may be used to meet unique oper24 ational requirements of the Special Operations Forces: 
33 

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1 Provided further, That funds appropriated in this para2 graph shall be available for the Cobra Judy program. 

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

4 AIR FORCE

5 For expenses necessary for basic and applied sci6 entific research, development, test and evaluation, includ7 ing maintenance, rehabilitation, lease, and operation of fa8 cilities and equipment, $21,033,622,000, to remain avail9 able for obligation until September 30, 2006. 

10 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

11 DEFENSE-WIDE

12 For expenses of activities and agencies of the Depart13 ment of Defense (other than the military departments), 

14 necessary for basic and applied scientific research, devel15 opment, test and evaluation; advanced research projects 

16 as may be designated and determined by the Secretary 

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

18 lease, and operation of facilities and equipment, 

19 $20,851,271,000, to remain available for obligation until 

20 September 30, 2006. 

21 OPERATIONAL TEST AND EVALUATION, DEFENSE

22 For expenses, not otherwise provided for, necessary 

23 for the independent activities of the Director, Operational 

24 Test and Evaluation, in the direction and supervision of 

25 operational test and evaluation, including initial oper-
34 

HR 4613 RH 

1 ational test and evaluation which is conducted prior to, 

2 and in support of, production decisions; joint operational 

3 testing and evaluation; and administrative expenses in 

4 connection therewith, $309,135,000, to remain available 

5 for obligation until September 30, 2006. 

6 TITLE V 

7 REVOLVING AND MANAGEMENT FUNDS 

8 DEFENSE WORKING CAPITAL FUNDS

9 For the Defense Working Capital Funds, 

10 $1,174,210,000. 

11 NATIONAL DEFENSE SEALIFT FUND

12 For National Defense Sealift Fund programs, 

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

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

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

16 and for the necessary expenses to maintain and preserve 

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

18 needs of the United States, $1,186,626,000, to remain 

19 available until expended: Provided, That none of the funds 

20 provided in this paragraph shall be used to award a new 

21 contract that provides for the acquisition of any of the 

22 following major components unless such components are 

23 manufactured in the United States: auxiliary equipment, 

24 including pumps, for all shipboard services; propulsion 

25 system components (that is; engines, reduction gears, and 
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1 propellers); shipboard cranes; and spreaders for shipboard 

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

3 in a contract awarded through the obligation of previously 

4 appropriated funds shall not be considered to be the award 

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

6 of the military department responsible for such procure7 ment may waive the restrictions in the first proviso on 

8 a case-by-case basis by certifying in writing to the Com9 mittees on Appropriations of the House of Representatives 

10 and the Senate that adequate domestic supplies are not 

11 available to meet Department of Defense requirements on 

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

13 in order to acquire capability for national security pur14 poses. 

15 TITLE VI 

16 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

17 DEFENSE HEALTH PROGRAM

18 For expenses, not otherwise provided for, for medical 

19 and health care programs of the Department of Defense, 

20 as authorized by law, $17,959,186,000, of which 

21 $17,148,069,000 shall be for Operation and maintenance, 

22 of which not to exceed 2 percent shall remain available 

23 until September 30, 2006; of which $364,635,000, to re24 main available for obligation until September 30, 2007, 

25 shall be for Procurement; and of which $446,482,000, to 
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1 remain available for obligation until September 30, 2006, 

2 shall be for Research, development, test and evaluation: 

3 Provided, That notwithstanding any other provision of 

4 law, of the amount made available under this heading for 

5 Operation and maintenance, $11,000,000 shall remain 

6 available until expended, and shall be available only for 

7 deposit into the Army Fisher House Non-Appropriated 

8 Fund Instrumentality and shall be used in support and 

9 upkeep of existing Fisher Houses managed by the Army: 

10 Provided further, That notwithstanding any other provi11 sion of law, of the amount made available under this head12 ing for Research, development, test and evaluation, not 

13 less than $10,000,000 shall be available for HIV preven14 tion educational activities undertaken in connection with 

15 U.S. military training, exercises, and humanitarian assist16 ance activities conducted primarily in African nations: 

17 Provided further, That Title VI of the Department of De18 fense Appropriations Act, 2004, in the appropriation for 

19 the Defense Health Program, is amended by adding before 

20 the period a comma and the following: ‘‘and of which not 

21 less than $4,250,000 shall be available for HIV prevention 

22 educational activities undertaken in connection with U.S. 

23 military training, exercises, and humanitarian assistance 

24 activities conducted primarily in African nations’’. 
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1 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

2 ARMY

3 For expenses, not otherwise provided for, necessary 

4 for the destruction of the United States stockpile of lethal 

5 chemical agents and munitions in accordance with the pro6 visions of section 1412 of the Department of Defense Au7 thorization Act, 1986 (50 U.S.C. 1521), and for the de8 struction of other chemical warfare materials that are not 

9 in the chemical weapon stockpile, $1,371,990,000, of 

10 which $1,138,801,000 shall be for Operation and mainte11 nance to remain available until September 30, 2006; 

12 $78,980,000 shall be for Procurement to remain available 

13 until September 30, 2007; $154,209,000 shall be for Re14 search, development, test and evaluation to remain avail15 able until September 30, 2006; and no less than 

16 $137,404,000 may be for the Chemical Stockpile Emer17 gency Preparedness Program, of which $44,631,000 shall 

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

19 shall be to assist State and local governments. 

20 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

21 DEFENSE

22 (INCLUDING TRANSFER OF FUNDS)

23 For drug interdiction and counter-drug activities of 

24 the Department of Defense, for transfer to appropriations 

25 available to the Department of Defense for military per-
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1 sonnel of the reserve components serving under the provi2 sions of title 10 and title 32, United States Code; for Op3 eration and maintenance; for Procurement; and for Re4 search, development, test and evaluation, $876,697,000: 

5 Provided, That the funds appropriated under this heading 

6 shall be available for obligation for the same time period 

7 and for the same purpose as the appropriation to which 

8 transferred: Provided further, That upon a determination 

9 that all or part of the funds transferred from this appro10 priation are not necessary for the purposes provided here11 in, such amounts may be transferred back to this appro12 priation: Provided further, That the transfer authority pro13 vided under this heading is in addition to any other trans14 fer authority contained elsewhere in this Act. 

15 OFFICE OF THE INSPECTOR GENERAL

16 For expenses and activities of the Office of the In17 spector General in carrying out the provisions of the In18 spector General Act of 1978, as amended, $193,562,000, 

19 of which $191,362,000 shall be for Operation and mainte20 nance, of which not to exceed $700,000 is available for 

21 emergencies and extraordinary expenses to be expended on 

22 the approval or authority of the Inspector General, and 

23 payments may be made on the Inspector General’s certifi24 cate of necessity for confidential military purposes; and 

25 of which $2,100,000, to remain available until September 
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1 30, 2007, shall be for Procurement; and of which 

2 $100,000, to remain available until September 30, 2006, 

3 shall be for Research, development, test and evaluation. 

4 TITLE VII 

5 RELATED AGENCIES 

6 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

7 DISABILITY SYSTEM FUND

8 For payment to the Central Intelligence Agency Re9 tirement and Disability System Fund, to maintain the 

10 proper funding level for continuing the operation of the 

11 Central Intelligence Agency Retirement and Disability 

12 System, $239,400,000. 

13 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

14 (INCLUDING TRANSFER OF FUNDS) 

15 For necessary expenses of the Intelligence Commu16 nity Management Account, $309,644,000, of which 

17 $26,953,000 for the Advanced Research and Development 

18 Committee shall remain available until September 30, 

19 2006: Provided, That of the funds appropriated under this 

20 heading, $46,100,000 shall be transferred to the Depart21 ment of Justice for the National Drug Intelligence Center 

22 to support the Department of Defense’s counter-drug in23 telligence responsibilities, and of the said amount, 

24 $1,500,000 for Procurement shall remain available until 

25 September 30, 2007 and $1,000,000 for Research, devel-
40 

HR 4613 RH 

1 opment, test and evaluation shall remain available until 

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

3 Drug Intelligence Center shall maintain the personnel and 

4 technical resources to provide timely support to law en5 forcement authorities and the intelligence community by 

6 conducting document and computer exploitation of mate7 rials collected in Federal, State, and local law enforcement 

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

9 and national security investigations and operations. 

10 NATIONAL SECURITY EDUCATION TRUST FUND

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

12 183, $8,000,000, to be derived from the National Security 

13 Education Trust Fund, to remain available until ex14 pended. 

15 TITLE VIII 

16 GENERAL PROVISIONS 

17 SEC. 8001. No part of any appropriation contained 

18 in this Act shall be used for publicity or propaganda pur19 poses not authorized by the Congress. 

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

21 of law prohibiting the payment of compensation to, or em22 ployment of, any person not a citizen of the United States 

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

24 Provided, That salary increases granted to direct and indi25 rect hire foreign national employees of the Department of 
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1 Defense funded by this Act shall not be at a rate in excess 

2 of the percentage increase authorized by law for civilian 

3 employees of the Department of Defense whose pay is 

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

5 United States Code, or at a rate in excess of the percent6 age increase provided by the appropriate host nation to 

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

8 That this section shall not apply to Department of De9 fense foreign service national employees serving at United 

10 States diplomatic missions whose pay is set by the Depart11 ment of State under the Foreign Service Act of 1980: Pro12 vided further, That the limitations of this provision shall 

13 not apply to foreign national employees of the Department 

14 of Defense in the Republic of Turkey. 

15 SEC. 8003. No part of any appropriation contained 

16 in this Act shall remain available for obligation beyond 

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

18 SEC. 8004. No more than 20 percent of the appro19 priations in this Act which are limited for obligation dur20 ing the current fiscal year shall be obligated during the 

21 last 2 months of the fiscal year: Provided, That this sec22 tion shall not apply to obligations for support of active 

23 duty training of reserve components or summer camp 

24 training of the Reserve Officers’ Training Corps. 
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1 (TRANSFER OF FUNDS) 

2 SEC. 8005. Upon determination by the Secretary of 

3 Defense that such action is necessary in the national inter4 est, he may, with the approval of the Office of Manage5 ment and Budget, transfer not to exceed $3,000,000,000 

6 of working capital funds of the Department of Defense 

7 or funds made available in this Act to the Department 

8 of Defense for military functions (except military con9 struction) between such appropriations or funds or any 

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

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

12 the appropriation or fund to which transferred: Provided, 

13 That such authority to transfer may not be used unless 

14 for higher priority items, based on unforeseen military re15 quirements, than those for which originally appropriated 

16 and in no case where the item for which funds are re17 quested has been denied by the Congress: Provided further, 

18 That the Secretary of Defense shall notify the Congress 

19 promptly of all transfers made pursuant to this authority 

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

21 no part of the funds in this Act shall be available to pre22 pare or present a request to the Committees on Appropria23 tions for reprogramming of funds, unless for higher pri24 ority items, based on unforeseen military requirements, 

25 than those for which originally appropriated and in no 
43 

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1 case where the item for which reprogramming is requested 

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

3 a request for multiple reprogrammings of funds using au4 thority provided in this section must be made prior to 

5 June 30, 2005: Provided further, That transfers among 

6 military personnel appropriations shall not be taken into 

7 account for purposes of the limitation on the amount of 

8 funds that may be transferred under this section. 

9 (TRANSFER OF FUNDS) 

10 SEC. 8006. During the current fiscal year, cash bal11 ances in working capital funds of the Department of De12 fense established pursuant to section 2208 of title 10, 

13 United States Code, may be maintained in only such 

14 amounts as are necessary at any time for cash disburse15 ments to be made from such funds: Provided, That trans16 fers may be made between such funds: Provided further, 

17 That transfers may be made between working capital 

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

19 appropriation and the ‘‘Operation and Maintenance’’ ap20 propriation accounts in such amounts as may be deter21 mined by the Secretary of Defense, with the approval of 

22 the Office of Management and Budget, except that such 

23 transfers may not be made unless the Secretary of Defense 

24 has notified the Congress of the proposed transfer. Except 

25 in amounts equal to the amounts appropriated to working 
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1 capital funds in this Act, no obligations may be made 

2 against a working capital fund to procure or increase the 

3 value of war reserve material inventory, unless the Sec4 retary of Defense has notified the Congress prior to any 

5 such obligation. 

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

7 be used to initiate a special access program without prior 

8 notification 30 calendar days in session in advance to the 

9 congressional defense committees. 

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

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

12 employs economic order quantity procurement in excess of 

13 $20,000,000 in any 1 year of the contract or that includes 

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

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

16 multiyear contract that employs economic order quantity 

17 procurement in excess of $20,000,000 in any 1 year, un18 less the congressional defense committees have been noti19 fied at least 30 days in advance of the proposed contract 

20 award: Provided, That no part of any appropriation con21 tained in this Act shall be available to initiate a multiyear 

22 contract for which the economic order quantity advance 

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

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

25 any appropriation contained in this Act shall be available 
45 

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1 to initiate multiyear procurement contracts for any sys2 tems or component thereof if the value of the multiyear 

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

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

5 procurement contract can be terminated without 10-day 

6 prior notification to the congressional defense committees: 

7 Provided further, That the execution of multiyear author8 ity shall require the use of a present value analysis to de9 termine lowest cost compared to an annual procurement: 

10 Provided further, That none of the funds provided in this 

11 Act may be used for a multiyear contract executed after 

12 the date of the enactment of this Act unless in the case 

13 of any such contract— 

14 (1) the Secretary of Defense has submitted to 

15 Congress a budget request for full funding of units 

16 to be procured through the contract; 

17 (2) cancellation provisions in the contract do 

18 not include consideration of recurring manufacturing 

19 costs of the contractor associated with the produc20 tion of unfunded units to be delivered under the con21 tract; 

22 (3) the contract provides that payments to the 

23 contractor under the contract shall not be made in 

24 advance of incurred costs on funded units; and 
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1 (4) the contract does not provide for a price ad2 justment based on a failure to award a follow-on 

3 contract. 

4 Funds appropriated in title III of this Act may be 

5 used for a multiyear procurement contract as follows: 

6 Lightweight 155mm Howitzer. 

7 SEC. 8009. Within the funds appropriated for the op8 eration and maintenance of the Armed Forces, funds are 

9 hereby appropriated pursuant to section 401 of title 10, 

10 United States Code, for humanitarian and civic assistance 

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

12 Such funds may also be obligated for humanitarian and 

13 civic assistance costs incidental to authorized operations 

14 and pursuant to authority granted in section 401 of chap15 ter 20 of title 10, United States Code, and these obliga16 tions shall be reported as required by section 401(d) of 

17 title 10, United States Code: Provided, That funds avail18 able for operation and maintenance shall be available for 

19 providing humanitarian and similar assistance by using 

20 Civic Action Teams in the Trust Territories of the Pacific 

21 Islands and freely associated states of Micronesia, pursu22 ant to the Compact of Free Association as authorized by 

23 Public Law 99–239: Provided further, That upon a deter24 mination by the Secretary of the Army that such action 

25 is beneficial for graduate medical education programs con-
47 

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1 ducted at Army medical facilities located in Hawaii, the 

2 Secretary of the Army may authorize the provision of med3 ical services at such facilities and transportation to such 

4 facilities, on a nonreimbursable basis, for civilian patients 

5 from American Samoa, the Commonwealth of the North6 ern Mariana Islands, the Marshall Islands, the Federated 

7 States of Micronesia, Palau, and Guam. 

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

9 personnel of the Department of Defense may not be man10 aged on the basis of any end-strength, and the manage11 ment of such personnel during that fiscal year shall not 

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

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

14 be employed on the last day of such fiscal year. 

15 (b) The fiscal year 2006 budget request for the De16 partment of Defense as well as all justification material 

17 and other documentation supporting the fiscal year 2006 

18 Department of Defense budget request shall be prepared 

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

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

21 year 2006. 

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

23 to military (civilian) technicians. 

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

25 or any other Act may be used to initiate a new installation 
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1 overseas without 30-day advance notification to the Com2 mittees on Appropriations. 

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

4 Act shall be used in any way, directly or indirectly, to in5 fluence congressional action on any legislation or appro6 priation matters pending before the Congress. 

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

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

9 any member of the Army participating as a full-time stu10 dent and receiving benefits paid by the Secretary of Vet11 erans Affairs from the Department of Defense Education 

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

13 credited toward completion of a service commitment: Pro14 vided, That this subsection shall not apply to those mem15 bers who have reenlisted with this option prior to October 

16 1, 1987: Provided further, That this subsection applies 

17 only to active components of the Army. 

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

19 CONTRACTOR PERFORMANCE.—None of the funds appro20 priated by this Act shall be available to convert to con21 tractor performance an activity or function of the Depart22 ment of Defense that, on or after the date of the enact23 ment of this Act, is performed by more than 10 Depart24 ment of Defense civilian employees unless— 
49 

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

2 public-private competition that includes a most effi3 cient and cost effective organization plan developed 

4 by such activity or function; 

5 (2) the Competitive Sourcing Official deter6 mines that, over all performance periods stated in 

7 the solicitation of offers for performance of the ac8 tivity or function, the cost of performance of the ac9 tivity or function by a contractor would be less costly 

10 to the Department of Defense by an amount that 

11 equals or exceeds the lesser of— 

12 (A) 10 percent of the most efficient organi13 zation’s personnel-related costs for performance 

14 of that activity or function by Federal employ15 ees; or 

16 (B) $10,000,000; and 

17 (3) the contractor does not receive an advan18 tage for a proposal that would reduce costs for the 

19 Department of Defense by— 

20 (A) not making an employer-sponsored 

21 health insurance plan available to the workers 

22 who are to be employed in the performance of 

23 that activity or function under the contract; or 

24 (B) offering to such workers an employer25 sponsored health benefits plan that requires the 
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1 employer to contribute less towards the pre2 mium or subscription share than the amount 

3 that is paid by the Department of Defense for 

4 health benefits for civilian employees under 

5 chapter 89 of title 5, United States Code. 

6 (b) EXCEPTIONS.— 

7 (1) This section and subsections (a), (b), and 

8 (c) of section 2461 of title 10, United States Code, 

9 shall not apply to a commercial or industrial type 

10 function of the Department of Defense that— 

11 (A) is included on the procurement list es12 tablished pursuant to section 2 of the Javits13 Wagner-O’Day Act (41 U.S.C. 47); 

14 (B) is planned to be converted to perform15 ance by a qualified nonprofit agency for the 

16 blind or by a qualified nonprofit agency for 

17 other severely handicapped individuals in ac18 cordance with that Act; or 

19 (C) is planned to be converted to perform20 ance by a qualified firm under at least 51 per21 cent ownership by an Indian tribe, as defined in 

22 section 4(e) of the Indian Self-Determination 

23 and Education Assistance Act (25 U.S.C. 

24 450b(e)), or a Native Hawaiian Organization, 
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1 as defined in section 8(a)(15) of the Small 

2 Business Act (15 U.S.C. 637(a)(15)). 

3 (2) This section shall not apply to depot con4 tracts or contracts for depot maintenance as pro5 vided in sections 2469 and 2474 of title 10, United 

6 States Code. 

7 (c) TREATMENT OF CONVERSION.—The conversion 

8 of any activity or function of the Department of Defense 

9 under the authority provided by this section shall be cred10 ited toward any competitive or outsourcing goal, target, 

11 or measurement that may be established by statute, regu12 lation, or policy and is deemed to be awarded under the 

13 authority of, and in compliance with, subsection (h) of sec14 tion 2304 of title 10, United States Code, for the competi15 tion or outsourcing of commercial activities. 

16 (TRANSFER OF FUNDS) 

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

18 for the Department of Defense Pilot Mentor-Protege Pro19 gram may be transferred to any other appropriation con20 tained in this Act solely for the purpose of implementing 

21 a Mentor-Protege Program developmental assistance 

22 agreement pursuant to section 831 of the National De23 fense Authorization Act for Fiscal Year 1991 (Public Law 

24 101–510; 10 U.S.C. 2302 note), as amended, under the 
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1 authority of this provision or any other transfer authority 

2 contained in this Act. 

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

4 available for the purchase by the Department of Defense 

5 (and its departments and agencies) of welded shipboard 

6 anchor and mooring chain 4 inches in diameter and under 

7 unless the anchor and mooring chain are manufactured 

8 in the United States from components which are substan9 tially manufactured in the United States: Provided, That 

10 for the purpose of this section manufactured will include 

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

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

13 Provided further, That for the purpose of this section sub14 stantially all of the components of anchor and mooring 

15 chain shall be considered to be produced or manufactured 

16 in the United States if the aggregate cost of the compo17 nents produced or manufactured in the United States ex18 ceeds the aggregate cost of the components produced or 

19 manufactured outside the United States: Provided further, 

20 That when adequate domestic supplies are not available 

21 to meet Department of Defense requirements on a timely 

22 basis, the Secretary of the service responsible for the pro23 curement may waive this restriction on a case-by-case 

24 basis by certifying in writing to the Committees on Appro-
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1 priations that such an acquisition must be made in order 

2 to acquire capability for national security purposes. 

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

4 Act available for the Civilian Health and Medical Program 

5 of the Uniformed Services (CHAMPUS) or TRICARE 

6 shall be available for the reimbursement of any health care 

7 provider for inpatient mental health service for care re8 ceived when a patient is referred to a provider of inpatient 

9 mental health care or residential treatment care by a med10 ical or health care professional having an economic inter11 est in the facility to which the patient is referred: Pro12 vided, That this limitation does not apply in the case of 

13 inpatient mental health services provided under the pro14 gram for persons with disabilities under subsection (d) of 

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

16 partial hospital care, or provided pursuant to a waiver au17 thorized by the Secretary of Defense because of medical 

18 or psychological circumstances of the patient that are con19 firmed by a health professional who is not a Federal em20 ployee after a review, pursuant to rules prescribed by the 

21 Secretary, which takes into account the appropriate level 

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

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

24 SEC. 8018. Notwithstanding any other provision of 

25 law, during the current fiscal year and hereafter, the Sec-
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1 retary of Defense may, by executive agreement, establish 

2 with host nation governments in NATO member states a 

3 separate account into which such residual value amounts 

4 negotiated in the return of United States military installa5 tions in NATO member states may be deposited, in the 

6 currency of the host nation, in lieu of direct monetary 

7 transfers to the United States Treasury: Provided, That 

8 such credits may be utilized only for the construction of 

9 facilities to support United States military forces in that 

10 host nation, or such real property maintenance and base 

11 operating costs that are currently executed through mone12 tary transfers to such host nations: Provided further, That 

13 the Department of Defense’s budget submission for subse14 quent fiscal years shall identify such sums anticipated in 

15 residual value settlements, and identify such construction, 

16 real property maintenance or base operating costs that 

17 shall be funded by the host nation through such credits: 

18 Provided further, That all military construction projects 

19 to be executed from such accounts must be previously ap20 proved in a prior Act of Congress: Provided further, That 

21 each such executive agreement with a NATO member host 

22 nation shall be reported to the congressional defense com23 mittees, the Committee on International Relations of the 

24 House of Representatives and the Committee on Foreign 

25 Relations of the Senate 30 days prior to the conclusion 
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1 and endorsement of any such agreement established under 

2 this provision. 

3 SEC. 8019. None of the funds available to the De4 partment of Defense may be used to demilitarize or dis5 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, 

6 .22 caliber rifles, .30 caliber rifles, or M–1911 pistols. 

7 SEC. 8020. No more than $500,000 of the funds ap8 propriated or made available in this Act shall be used dur9 ing a single fiscal year for any single relocation of an orga10 nization, unit, activity or function of the Department of 

11 Defense into or within the National Capital Region: Pro12 vided, That the Secretary of Defense may waive this re13 striction on a case-by-case basis by certifying in writing 

14 to the congressional defense committees that such a relo15 cation is required in the best interest of the Government. 

16 SEC. 8021. In addition to the funds provided else17 where in this Act, $8,000,000 is appropriated only for in18 centive payments authorized by Section 504 of the Indian 

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

20 a prime contractor or a subcontractor at any tier that 

21 makes a subcontract award to any subcontractor or sup22 plier as defined in 25 U.S.C. 1544 or a small business 

23 owned and controlled by an individual or individuals de24 fined under 25 U.S.C. 4221(9) shall be considered a con25 tractor for the purposes of being allowed additional com-
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1 pensation under section 504 of the Indian Financing Act 

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

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

4 expenditure of funds appropriated by an Act making Ap5 propriations for the Department of Defense with respect 

6 to any fiscal year: Provided further, That notwithstanding 

7 41 U.S.C. 430, this section shall be applicable to any De8 partment of Defense acquisition of supplies or services, in9 cluding any contract and any subcontract at any tier for 

10 acquisition of commercial items produced or manufac11 tured, in whole or in part by any subcontractor or supplier 

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

13 controlled by an individual or individuals defined under 

14 25 U.S.C. 4221(9): Provided further, That businesses cer15 tified as 8(a) by the Small Business Administration pursu16 ant to section 8(a)(15) of Public Law 85–536, as amend17 ed, shall have the same status as other program partici18 pants under section 602 of Public Law 100–656, 102 

19 Stat. 3825 (Business Opportunity Development Reform 

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

21 the Department of Defense. 

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

23 Act shall be available to perform any cost study pursuant 

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

25 performed exceeds a period of 24 months after initiation 
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1 of such study with respect to a single function activity or 

2 30 months after initiation of such study for a multi-func3 tion activity. 

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

5 American Forces Information Service shall not be used for 

6 any national or international political or psychological ac7 tivities. 

8 SEC. 8024. Hereafter, notwithstanding any other 

9 provision of law or regulation, the Secretary of Defense 

10 may adjust wage rates for civilian employees hired for cer11 tain health care occupations as authorized for the Sec12 retary of Veterans Affairs by section 7455 of title 38, 

13 United States Code. 

14 SEC. 8025. During the current fiscal year, net re15 ceipts pursuant to collections from third party payers pur16 suant to section 1095 of title 10, United States Code, shall 

17 be made available to the local facility of the uniformed 

18 services responsible for the collections and shall be over 

19 and above the facility’s direct budget amount. 

20 SEC. 8026. During the current fiscal year, the De21 partment of Defense is authorized to incur obligations of 

22 not to exceed $350,000,000 for purposes specified in sec23 tion 2350j(c) of title 10, United States Code, in anticipa24 tion of receipt of contributions, only from the Government 

25 of Kuwait, under that section: Provided, That upon re-
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1 ceipt, such contributions from the Government of Kuwait 

2 shall be credited to the appropriations or fund which in3 curred such obligations. 

4 (INCLUDING TRANSFER OF FUNDS) 

5 SEC. 8027. (a) Of the funds made available in this 

6 Act, not less than $24,822,000 shall be available for the 

7 Civil Air Patrol Corporation, of which— 

8 (1) $21,722,000 shall be available from ‘‘Oper9 ation and Maintenance, Air Force’’ to support Civil 

10 Air Patrol Corporation operation and maintenance, 

11 readiness, counterdrug activities, and drug demand 

12 reduction activities involving youth programs; 

13 (2) $2,300,000 shall be available from ‘‘Aircraft 

14 Procurement, Air Force’’; and 

15 (3) $800,000 shall be available from ‘‘Other 

16 Procurement, Air Force’’ for vehicle procurement. 

17 (b) The Secretary of the Air Force should waive reim18 bursement for any funds used by the Civil Air Patrol for 

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

20 local government agencies. 

21 SEC. 8028. (a) None of the funds appropriated in this 

22 Act are available to establish a new Department of De23 fense (department) federally funded research and develop24 ment center (FFRDC), either as a new entity, or as a 

25 separate entity administrated by an organization man-
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1 aging another FFRDC, or as a nonprofit membership cor2 poration consisting of a consortium of other FFRDCs and 

3 other non-profit entities. 

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

5 Overseers, Advisory Group, Special Issues Panel, Visiting 

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

7 and no paid consultant to any defense FFRDC, except 

8 when acting in a technical advisory capacity, may be com9 pensated for his or her services as a member of such enti10 ty, or as a paid consultant by more than one FFRDC in 

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

12 referred to previously in this subsection shall be allowed 

13 travel expenses and per diem as authorized under the Fed14 eral Joint Travel Regulations, when engaged in the per15 formance of membership duties. 

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

17 of the funds available to the Department from any source 

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

19 through a fee or other payment mechanism, for construc20 tion of new buildings, for payment of cost sharing for 

21 projects funded by Government grants, for absorption of 

22 contract overruns, or for certain charitable contributions, 

23 not to include employee participation in community service 

24 and/or development. 
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1 (d) Notwithstanding any other provision of law, of 

2 the funds available to the department during fiscal year 

3 2005, not more than 6,600 staff years of technical effort 

4 (staff years) may be funded for defense FFRDCs: Pro5 vided, That this subsection shall not apply to staff years 

6 funded in the National Foreign Intelligence Program 

7 (NFIP). 

8 (e) The Secretary of Defense shall, with the submis9 sion of the department’s fiscal year 2006 budget request, 

10 submit a report presenting the specific amounts of staff 

11 years of technical effort to be allocated for each defense 

12 FFRDC during that fiscal year. 

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

14 the total amount appropriated in this Act for FFRDCs 

15 is hereby reduced by $40,000,000. 

16 SEC. 8029. None of the funds appropriated or made 

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

18 or armor steel plate for use in any Government-owned fa19 cility or property under the control of the Department of 

20 Defense which were not melted and rolled in the United 

21 States or Canada: Provided, That these procurement re22 strictions shall apply to any and all Federal Supply Class 

23 9515, American Society of Testing and Materials (ASTM) 

24 or American Iron and Steel Institute (AISI) specifications 

25 of carbon, alloy or armor steel plate: Provided further, 
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1 That the Secretary of the military department responsible 

2 for the procurement may waive this restriction on a case3 by-case basis by certifying in writing to the Committees 

4 on Appropriations of the House of Representatives and the 

5 Senate that adequate domestic supplies are not available 

6 to meet Department of Defense requirements on a timely 

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

8 to acquire capability for national security purposes: Pro9 vided further, That these restrictions shall not apply to 

10 contracts which are in being as of the date of the enact11 ment of this Act. 

12 SEC. 8030. For the purposes of this Act, the term 

13 ‘‘congressional defense committees’’ means the Armed 

14 Services Committee of the House of Representatives, the 

15 Armed Services Committee of the Senate, the Sub16 committee on Defense of the Committee on Appropriations 

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

18 Committee on Appropriations of the House of Representa19 tives. 

20 SEC. 8031. During the current fiscal year, the De21 partment of Defense may acquire the modification, depot 

22 maintenance and repair of aircraft, vehicles and vessels 

23 as well as the production of components and other De24 fense-related articles, through competition between De25 partment of Defense depot maintenance activities and pri-
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1 vate firms: Provided, That the Senior Acquisition Execu2 tive of the military department or Defense Agency con3 cerned, with power of delegation, shall certify that success4 ful bids include comparable estimates of all direct and in5 direct costs for both public and private bids: Provided fur6 ther, That Office of Management and Budget Circular A– 

7 76 shall not apply to competitions conducted under this 

8 section. 

9 SEC. 8032. (a)(1) If the Secretary of Defense, after 

10 consultation with the United States Trade Representative, 

11 determines that a foreign country which is party to an 

12 agreement described in paragraph (2) has violated the 

13 terms of the agreement by discriminating against certain 

14 types of products produced in the United States that are 

15 covered by the agreement, the Secretary of Defense shall 

16 rescind the Secretary’s blanket waiver of the Buy Amer17 ican Act with respect to such types of products produced 

18 in that foreign country. 

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

20 reciprocal defense procurement memorandum of under21 standing, between the United States and a foreign country 

22 pursuant to which the Secretary of Defense has prospec23 tively waived the Buy American Act for certain products 

24 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 

3 purchases from foreign entities in fiscal year 2005. Such 

4 report shall separately indicate the dollar value of items 

5 for which the Buy American Act was waived pursuant to 

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

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

8 international agreement to which the United States is a 

9 party. 

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

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

12 making appropriations for the Treasury and Post Office 

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

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

15 U.S.C. 10a et seq.). 

16 SEC. 8033. Appropriations contained in this Act that 

17 remain available at the end of the current fiscal year, and 

18 at the end of each fiscal year hereafter, as a result of en19 ergy cost savings realized by the Department of Defense 

20 shall remain available for obligation for the next fiscal 

21 year to the extent, and for the purposes, provided in sec22 tion 2865 of title 10, United States Code. 

23 (INCLUDING TRANSFER OF FUNDS) 

24 SEC. 8034. Amounts deposited during the current fis25 cal year and hereafter to the special account established 
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1 under 40 U.S.C. 572(b)(5)(A) and to the special account 

2 established under 10 U.S.C. 2667(d)(1) are appropriated 

3 and shall be available until transferred by the Secretary 

4 of Defense to current applicable appropriations or funds 

5 of the Department of Defense under the terms and condi6 tions specified by 40 U.S.C. 572(b)(5)(B) and 10 U.S.C. 

7 2667(d)(1)(B), to be merged with and to be available for 

8 the same time period and the same purposes as the appro9 priation to which transferred. 

10 SEC. 8035. The President shall include with each 

11 budget for a fiscal year submitted to the Congress under 

12 section 1105 of title 31, United States Code, materials 

13 that shall identify clearly and separately the amounts re14 quested in the budget for appropriation for that fiscal year 

15 for salaries and expenses related to administrative activi16 ties of the Department of Defense, the military depart17 ments, and the defense agencies. 

18 SEC. 8036. Notwithstanding any other provision of 

19 law, funds available during the current fiscal year and 

20 hereafter for ‘‘Drug Interdiction and Counter-Drug Activi21 ties, Defense’’ may be obligated for the Young Marines 

22 program. 

23 (INCLUDING TRANSFER OF FUNDS) 

24 SEC. 8037. During the current fiscal year, amounts 

25 contained in the Department of Defense Overseas Military 
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1 Facility Investment Recovery Account established by sec2 tion 2921(c)(1) of the National Defense Authorization Act 

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

4 be available until expended for the payments specified by 

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

6 SEC. 8038. (a) IN GENERAL.—Notwithstanding any 

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

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

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

10 South Dakota, Montana, and Minnesota relocatable mili11 tary housing units located at Grand Forks Air Force Base 

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

13 of the Air Force. 

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

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

16 military housing units under subsection (a) in accordance 

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

18 Secretary by the Operation Walking Shield Program on 

19 behalf of Indian tribes located in the States of North Da20 kota, South Dakota, Montana, and Minnesota. 

21 (c) RESOLUTION OF HOUSING UNIT CONFLICTS.— 

22 The Operation Walking Shield Program shall resolve any 

23 conflicts among requests of Indian tribes for housing units 

24 under subsection (a) before submitting requests to the 

25 Secretary of the Air Force under subsection (b). 
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1 (d) INDIAN TRIBE DEFINED.—In this section, the 

2 term ‘‘Indian tribe’’ means any recognized Indian tribe in3 cluded on the current list published by the Secretary of 

4 the Interior under section 104 of the Federally Recognized 

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

6 4792; 25 U.S.C. 479a–1). 

7 SEC. 8039. During the current fiscal year, appropria8 tions which are available to the Department of Defense 

9 for operation and maintenance may be used to purchase 

10 items having an investment item unit cost of not more 

11 than $250,000. 

12 SEC. 8040. (a) During the current fiscal year, none 

13 of the appropriations or funds available to the Department 

14 of Defense Working Capital Funds shall be used for the 

15 purchase of an investment item for the purpose of acquir16 ing a new inventory item for sale or anticipated sale dur17 ing the current fiscal year or a subsequent fiscal year to 

18 customers of the Department of Defense Working Capital 

19 Funds if such an item would not have been chargeable 

20 to the Department of Defense Business Operations Fund 

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

22 investment item would be chargeable during the current 

23 fiscal year to appropriations made to the Department of 

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

3 and other documentation supporting the fiscal year 2006 

4 Department of Defense budget shall be prepared and sub5 mitted to the Congress on the basis that any equipment 

6 which was classified as an end item and funded in a pro7 curement appropriation contained in this Act shall be 

8 budgeted for in a proposed fiscal year 2006 procurement 

9 appropriation and not in the supply management business 

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

11 Defense Working Capital Funds. 

12 SEC. 8041. None of the funds appropriated by this 

13 Act for programs of the Central Intelligence Agency shall 

14 remain available for obligation beyond the current fiscal 

15 year, except for funds appropriated for the Reserve for 

16 Contingencies, which shall remain available until Sep17 tember 30, 2006: Provided, That funds appropriated, 

18 transferred, or otherwise credited to the Central Intel19 ligence Agency Central Services Working Capital Fund 

20 during this or any prior or subsequent fiscal year shall 

21 remain available until expended: Provided further, That 

22 any funds appropriated or transferred to the Central Intel23 ligence Agency for advanced research and development ac24 quisition, for agent operations, and for covert action pro25 grams authorized by the President under section 503 of 
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1 the National Security Act of 1947, as amended, shall re2 main available until September 30, 2006. 

3 SEC. 8042. Notwithstanding any other provision of 

4 law, funds made available in this Act for the Defense In5 telligence Agency may be used for the design, develop6 ment, and deployment of General Defense Intelligence 

7 Program intelligence communications and intelligence in8 formation systems for the Services, the Unified and Speci9 fied Commands, and the component commands. 

10 SEC. 8043. Of the funds appropriated to the Depart11 ment of Defense under the heading ‘‘Operation and Main12 tenance, Defense-Wide’’, not less than $10,000,000 shall 

13 be made available only for the mitigation of environmental 

14 impacts, including training and technical assistance to 

15 tribes, related administrative support, the gathering of in16 formation, documenting of environmental damage, and de17 veloping a system for prioritization of mitigation and cost 

18 to complete estimates for mitigation, on Indian lands re19 sulting from Department of Defense activities. 

20 SEC. 8044. (a) None of the funds appropriated in this 

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

22 Defense unless the entity, in expending the funds, com23 plies with the Buy American Act. For purposes of this 

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

25 of the Act entitled ‘‘An Act making appropriations for the 
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1 Treasury and Post Office Departments for the fiscal year 

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

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

4 (b) If the Secretary of Defense determines that a per5 son has been convicted of intentionally affixing a label 

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

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

8 in America, the Secretary shall determine, in accordance 

9 with section 2410f of title 10, United States Code, wheth10 er the person should be debarred from contracting with 

11 the Department of Defense. 

12 (c) In the case of any equipment or products pur13 chased with appropriations provided under this Act, it is 

14 the sense of the Congress that any entity of the Depart15 ment of Defense, in expending the appropriation, purchase 

16 only American-made equipment and products, provided 

17 that American-made equipment and products are cost18 competitive, quality-competitive, and available in a timely 

19 fashion. 

20 SEC. 8045. None of the funds appropriated by this 

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

22 or consulting services entered into without competition on 

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

24 activity responsible for the procurement determines— 
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1 (1) as a result of thorough technical evaluation, 

2 only one source is found fully qualified to perform 

3 the proposed work; 

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

5 unsolicited proposal which offers significant sci6 entific or technological promise, represents the prod7 uct of original thinking, and was submitted in con8 fidence by one source; or 

9 (3) the purpose of the contract is to take ad10 vantage of unique and significant industrial accom11 plishment by a specific concern, or to insure that a 

12 new product or idea of a specific concern is given fi13 nancial support: Provided, That this limitation shall 

14 not apply to contracts in an amount of less than 

15 $25,000, contracts related to improvements of equip16 ment that is in development or production, or con17 tracts as to which a civilian official of the Depart18 ment of Defense, who has been confirmed by the 

19 Senate, determines that the award of such contract 

20 is in the interest of the national defense. 

21 SEC. 8046. (a) Except as provided in subsection (b) 

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

23 be used— 

24 (1) to establish a field operating agency; or 
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1 (2) to pay the basic pay of a member of the 

2 Armed Forces or civilian employee of the depart3 ment who is transferred or reassigned from a head4 quarters activity if the member or employee’s place 

5 of duty remains at the location of that headquarters. 

6 (b) The Secretary of Defense or Secretary of a mili7 tary department may waive the limitations in subsection 

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

9 and certifies to the Committees on Appropriations of the 

10 House of Representatives and Senate that the granting 

11 of the waiver will reduce the personnel requirements or 

12 the financial requirements of the department. 

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

14 agencies funded within the National Foreign Intelligence 

15 Program. 

16 SEC. 8047. Notwithstanding section 303 of Public 

17 Law 96–487 or any other provision of law, the Secretary 

18 of the Navy is authorized to lease real and personal prop19 erty at Naval Air Facility, Adak, Alaska, pursuant to 10 

20 U.S.C. 2667(f), for commercial, industrial or other pur21 poses: Provided, That notwithstanding any other provision 

22 of law, the Secretary of the Navy may remove hazardous 

23 materials from facilities, buildings, and structures at 

24 Adak, Alaska, and may demolish or otherwise dispose of 

25 such facilities, buildings, and structures. 
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1 (RESCISSIONS) 

2 SEC. 8048. Of the funds appropriated in Department 

3 of Defense Appropriations Acts, the following funds are 

4 hereby rescinded from the following accounts and pro5 grams in the specified amounts: 

6 ‘‘Former Soviet Union Threat Reduction, 2003/ 

7 2005’’, $50,000,000; 

8 ‘‘Aircraft Procurement, Navy, 2004/2006’’, 

9 $2,900,000; 

10 ‘‘Shipbuilding and Conversion, Navy, 2004/ 

11 2008’’, $10,300,000; 

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

13 $5,200,000; 

14 ‘‘Other Procurement, Air Force, 2004/2006’’, 

15 $100,000,000; 

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

17 $23,400,000; 

18 ‘‘Research, Development, Test and Evaluation, 

19 Army, 2004/2005’’, $42,650,000; 

20 ‘‘Research, Development, Test and Evaluation, 

21 Navy, 2004/2005’’, $20,000,000; 

22 ‘‘Research, Development, Test and Evaluation, 

23 Air Force, 2004/2005’’, $37,000,000; and 

24 ‘‘Research, Development, Test and Evaluation, 

25 Defense-Wide, 2004/2005’’, $108,300,000. 
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1 SEC. 8049. None of the funds available in this Act 

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

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

7 military (civilian) technicians, unless such reductions are 

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

9 SEC. 8050. None of the funds appropriated or other10 wise made available in this Act may be obligated or ex11 pended for assistance to the Democratic People’s Republic 

12 of North Korea unless specifically appropriated for that 

13 purpose. 

14 SEC. 8051. During the current fiscal year and here15 after, funds appropriated in this Act are available to com16 pensate members of the National Guard for duty per17 formed pursuant to a plan submitted by a Governor of 

18 a State and approved by the Secretary of Defense under 

19 section 112 of title 32, United States Code: Provided, 

20 That during the performance of such duty, the members 

21 of the National Guard shall be under State command and 

22 control: Provided further, That such duty shall be treated 

23 as full-time National Guard duty for purposes of sections 

24 12602(a)(2) and (b)(2) of title 10, United States Code. 
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1 SEC. 8052. Funds appropriated in this Act for oper2 ation and maintenance of the Military Departments, Com3 batant Commands and Defense Agencies shall be available 

4 for reimbursement of pay, allowances and other expenses 

5 which would otherwise be incurred against appropriations 

6 for the National Guard and Reserve when members of the 

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

9 Agencies and Joint Intelligence Activities, including the 

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

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

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

16 procedures. 

17 SEC. 8053. During the current fiscal year, none of 

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

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

21 30, 2004 level: Provided, That the Service Surgeons Gen22 eral may waive this section by certifying to the congres23 sional defense committees that the beneficiary population 

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

2 stewardship and capitation-based budgeting. 

3 SEC. 8054. Notwithstanding any other provision of 

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

5 this Act for environmental remediation may be obligated 

6 under indefinite delivery/indefinite quantity contracts with 

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

8 SEC. 8055. (a) None of the funds available to the 

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

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

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

15 and counter-drug activities may be transferred to any 

16 other department or agency of the United States except 

17 as specifically provided in an appropriations law. 

18 (TRANSFER OF FUNDS) 

19 SEC. 8056. Appropriations available under the head20 ing ‘‘Operation and Maintenance, Defense-Wide’’ for the 

21 current fiscal year and hereafter for increasing energy and 

22 water efficiency in Federal buildings may, during their pe23 riod of availability, be transferred to other appropriations 

24 or funds of the Department of Defense for projects related 

25 to increasing energy and water efficiency, to be merged 
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1 with and to be available for the same general purposes, 

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

3 to which transferred. 

4 SEC. 8057. None of the funds appropriated by this 

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

6 bearings other than those produced by a domestic source 

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

8 the military department responsible for such procurement 

9 may waive this restriction on a case-by-case basis by certi10 fying in writing to the Committees on Appropriations of 

11 the House of Representatives and the Senate, that ade12 quate domestic supplies are not available to meet Depart13 ment of Defense requirements on a timely basis and that 

14 such an acquisition must be made in order to acquire ca15 pability for national security purposes: Provided further, 

16 That this restriction shall not apply to the purchase of 

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

18 Office of Federal Procurement Policy Act, except that the 

19 restriction shall apply to ball or roller bearings purchased 

20 as end items. 

21 SEC. 8058. Notwithstanding any other provision of 

22 law, funds available to the Department of Defense shall 

23 be made available to provide transportation of medical 

24 supplies and equipment, on a nonreimbursable basis, to 

25 American Samoa, and funds available to the Department 
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1 of Defense shall be made available to provide transpor2 tation of medical supplies and equipment, on a non3 reimbursable basis, to the Indian Health Service when it 

4 is in conjunction with a civil-military project. 

5 SEC. 8059. None of the funds in this Act may be 

6 used to purchase any supercomputer which is not manu7 factured in the United States, unless the Secretary of De8 fense certifies to the congressional defense committees 

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

10 capability for national security purposes that is not avail11 able from United States manufacturers. 

12 SEC. 8060. Notwithstanding any other provision of 

13 law, each contract awarded by the Department of Defense 

14 during the current fiscal year for construction or service 

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

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

17 not contiguous with another State and has an unemploy18 ment rate in excess of the national average rate of unem19 ployment as determined by the Secretary of Labor, shall 

20 include a provision requiring the contractor to employ, for 

21 the purpose of performing that portion of the contract in 

22 such State that is not contiguous with another State, indi23 viduals who are residents of such State and who, in the 

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

25 acquire promptly the necessary skills: Provided, That the 
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1 Secretary of Defense may waive the requirements of this 

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

3 security. 

4 SEC. 8061. None of the funds made available in this 

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

6 officer or employee of the Department of Defense who ap7 proves or implements the transfer of administrative re8 sponsibilities or budgetary resources of any program, 

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

10 of another Federal agency not financed by this Act with11 out the express authorization of Congress: Provided, That 

12 this limitation shall not apply to transfers of funds ex13 pressly provided for in Defense Appropriations Acts, or 

14 provisions of Acts providing supplemental appropriations 

15 for the Department of Defense. 

16 SEC. 8062. (a) LIMITATION ON TRANSFER OF DE17 FENSE ARTICLES AND SERVICES.—Notwithstanding any 

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

19 Department of Defense for the current fiscal year may be 

20 obligated or expended to transfer to another nation or an 

21 international organization any defense articles or services 

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

23 described in subsection (b) unless the congressional de24 fense committees, the Committee on International Rela25 tions of the House of Representatives, and the Committee 
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1 on Foreign Relations of the Senate are notified 15 days 

2 in advance of such transfer. 

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

4 (1) any international peacekeeping or peace-en5 forcement operation under the authority of chapter 

6 VI or chapter VII of the United Nations Charter 

7 under the authority of a United Nations Security 

8 Council resolution; and 

9 (2) any other international peacekeeping, peace10 enforcement, or humanitarian assistance operation. 

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

12 (a) shall include the following: 

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

14 services to be transferred. 

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

16 supplies, or services to be transferred. 

17 (3) In the case of a proposed transfer of equip18 ment or supplies— 

19 (A) a statement of whether the inventory 

20 requirements of all elements of the Armed 

21 Forces (including the reserve components) for 

22 the type of equipment or supplies to be trans23 ferred have been met; and 

24 (B) a statement of whether the items pro25 posed to be transferred will have to be replaced 
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1 and, if so, how the President proposes to pro2 vide funds for such replacement. 

3 SEC. 8063. To the extent authorized by subchapter 

4 VI of chapter 148 of title 10, United States Code, for the 

5 current fiscal year and hereafter the Secretary of Defense 

6 may issue loan guarantees in support of United States de7 fense exports not otherwise provided for: Provided, That 

8 the total contingent liability of the United States for guar9 antees issued under the authority of this section may not 

10 exceed $15,000,000,000: Provided further, That the expo11 sure fees charged and collected by the Secretary for each 

12 guarantee shall be paid by the country involved and shall 

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

14 States: Provided further, That the Secretary shall provide 

15 quarterly reports to the Committees on Appropriations, 

16 Armed Services, and Foreign Relations of the Senate and 

17 the Committees on Appropriations, Armed Services, and 

18 International Relations in the House of Representatives 

19 on the implementation of this program: Provided further, 

20 That amounts charged for administrative fees and depos21 ited to the special account provided for under section 

22 2540c(d) of title 10, shall be available for paying the costs 

23 of administrative expenses of the Department of Defense 

24 that are attributable to the loan guarantee program under 
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1 subchapter VI of chapter 148 of title 10, United States 

2 Code. 

3 SEC. 8064. None of the funds available to the De4 partment of Defense under this Act shall be obligated or 

5 expended to pay a contractor under a contract with the 

6 Department of Defense for costs of any amount paid by 

7 the contractor to an employee when— 

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

9 excess of the normal salary paid by the contractor 

10 to the employee; and 

11 (2) such bonus is part of restructuring costs as12 sociated with a business combination. 

13 (INCLUDING TRANSFER OF FUNDS) 

14 SEC. 8065. During the current fiscal year, no more 

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

16 under the heading ‘‘Operation and Maintenance, Defense17 Wide’’ may be transferred to appropriations available for 

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

19 be available for the same time period as the appropriations 

20 to which transferred, to be used in support of such per21 sonnel in connection with support and services for eligible 

22 organizations and activities outside the Department of De23 fense pursuant to section 2012 of title 10, United States 

24 Code. 
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1 SEC. 8066. During the current fiscal year, in the case 

2 of an appropriation account of the Department of Defense 

3 for which the period of availability for obligation has ex4 pired or which has closed under the provisions of section 

5 1552 of title 31, United States Code, and which has a 

6 negative unliquidated or unexpended balance, an obliga7 tion or an adjustment of an obligation may be charged 

8 to any current appropriation account for the same purpose 

9 as the expired or closed account if— 

10 (1) the obligation would have been properly 

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

12 closed account before the end of the period of avail13 ability or closing of that account; 

14 (2) the obligation is not otherwise properly 

15 chargeable to any current appropriation account of 

16 the Department of Defense; and 

17 (3) in the case of an expired account, the obli18 gation is not chargeable to a current appropriation 

19 of the Department of Defense under the provisions 

20 of section 1405(b)(8) of the National Defense Au21 thorization Act for Fiscal Year 1991, Public Law 

22 101–510, as amended (31 U.S.C. 1551 note): Pro23 vided, That in the case of an expired account, if sub24 sequent review or investigation discloses that there 

25 was not in fact a negative unliquidated or unex-
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1 pended balance in the account, any charge to a cur2 rent account under the authority of this section shall 

3 be reversed and recorded against the expired ac4 count: Provided further, That the total amount 

5 charged to a current appropriation under this sec6 tion may not exceed an amount equal to 1 percent 

7 of the total appropriation for that account. 

8 SEC. 8067. Hereafter, funds appropriated for Oper9 ation and maintenance and for the Defense Health Pro10 gram in this Act, and in future appropriations acts for 

11 the Department of Defense, for supervision and adminis12 tration costs for facilities maintenance and repair, minor 

13 construction, or design projects, or any planning studies, 

14 environmental assessments, or similar activities related to 

15 installation support functions, may be obligated at the 

16 time the reimbursable order is accepted by the performing 

17 activity: Provided, That for the purpose of this section, 

18 supervision and administration costs includes all in-house 

19 Government cost. 

20 SEC. 8068. (a) Notwithstanding any other provision 

21 of law, the Chief of the National Guard Bureau may per22 mit the use of equipment of the National Guard Distance 

23 Learning Project by any person or entity on a space-avail24 able, reimbursable basis. The Chief of the National Guard 
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1 Bureau shall establish the amount of reimbursement for 

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

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

4 credited to funds available for the National Guard Dis5 tance Learning Project and be available to defray the costs 

6 associated with the use of equipment of the project under 

7 that subsection. Such funds shall be available for such 

8 purposes without fiscal year limitation. 

9 SEC. 8069. Using funds available by this Act or any 

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

11 determination under section 2690 of title 10, United 

12 States Code, may implement cost-effective agreements for 

13 required heating facility modernization in the 

14 Kaiserslautern Military Community in the Federal Repub15 lic of Germany: Provided, That in the City of 

16 Kaiserslautern such agreements will include the use of 

17 United States anthracite as the base load energy for mu18 nicipal district heat to the United States Defense installa19 tions: Provided further, That at Landstuhl Army Regional 

20 Medical Center and Ramstein Air Base, furnished heat 

21 may be obtained from private, regional or municipal serv22 ices, if provisions are included for the consideration of 

23 United States coal as an energy source. 

24 SEC. 8070. None of the funds appropriated in title 

25 IV of this Act may be used to procure end-items for deliv-
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1 ery to military forces for operational training, operational 

2 use or inventory requirements: Provided, That this restric3 tion does not apply to end-items used in development, 

4 prototyping, and test activities preceding and leading to 

5 acceptance for operational use: Provided further, That this 

6 restriction does not apply to programs funded within the 

7 National Foreign Intelligence Program: Provided further, 

8 That the Secretary of Defense may waive this restriction 

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

10 Committees on Appropriations of the House of Represent11 atives and the Senate that it is in the national security 

12 interest to do so. 

13 SEC. 8071. None of the funds made available in this 

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

15 22 advanced tactical fighter to any foreign government. 

16 SEC. 8072. (a) The Secretary of Defense may, on a 

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

18 each limitation on the procurement of defense items from 

19 foreign sources provided in law if the Secretary determines 

20 that the application of the limitation with respect to that 

21 country would invalidate cooperative programs entered 

22 into between the Department of Defense and the foreign 

23 country, or would invalidate reciprocal trade agreements 

24 for the procurement of defense items entered into under 

25 section 2531 of title 10, United States Code, and the 
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1 country does not discriminate against the same or similar 

2 defense items produced in the United States for that coun3 try. 

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

5 (1) contracts and subcontracts entered into on 

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

7 (2) options for the procurement of items that 

8 are exercised after such date under contracts that 

9 are entered into before such date if the option prices 

10 are adjusted for any reason other than the applica11 tion of a waiver granted under subsection (a). 

12 (c) Subsection (a) does not apply to a limitation re13 garding construction of public vessels, ball and roller bear14 ings, food, and clothing or textile materials as defined by 

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

16 Schedule and products classified under headings 4010, 

17 4202, 4203, 6401 through 6406, 6505, 7019, 7218 

18 through 7229, 7304.41 through 7304.49, 7306.40, 7502 

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

20 SEC. 8073. (a) PROHIBITION.—None of the funds 

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

22 training program involving a unit of the security forces 

23 of a foreign country if the Secretary of Defense has re24 ceived credible information from the Department of State 

25 that the unit has committed a gross violation of human 
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1 rights, unless all necessary corrective steps have been 

2 taken. 

3 (b) MONITORING.—The Secretary of Defense, in con4 sultation with the Secretary of State, shall ensure that 

5 prior to a decision to conduct any training program re6 ferred to in subsection (a), full consideration is given to 

7 all credible information available to the Department of 

8 State relating to human rights violations by foreign secu9 rity forces. 

10 (c) WAIVER.—The Secretary of Defense, after con11 sultation with the Secretary of State, may waive the prohi12 bition in subsection (a) if he determines that such waiver 

13 is required by extraordinary circumstances. 

14 (d) REPORT.—Not more than 15 days after the exer15 cise of any waiver under subsection (c), the Secretary of 

16 Defense shall submit a report to the congressional defense 

17 committees describing the extraordinary circumstances, 

18 the purpose and duration of the training program, the 

19 United States forces and the foreign security forces in20 volved in the training program, and the information relat21 ing to human rights violations that necessitates the waiv22 er. 

23 SEC. 8074. The Secretary of Defense, in coordination 

24 with the Secretary of Health and Human Services, may 

25 carry out a program to distribute surplus dental equip-
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1 ment of the Department of Defense, at no cost to the De2 partment of Defense, to Indian Health Service facilities 

3 and to federally-qualified health centers (within the mean4 ing of section 1905(l)(2)(B) of the Social Security Act (42 

5 U.S.C. 1396d(l)(2)(B))). 

6 SEC. 8075. None of the funds appropriated or made 

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

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

9 ships unless the main propulsion diesel engines and 

10 propulsors are manufactured in the United States by a 

11 domestically operated entity: Provided, That the Secretary 

12 of Defense may waive this restriction on a case-by-case 

13 basis by certifying in writing to the Committees on Appro14 priations of the House of Representatives and the Senate 

15 that adequate domestic supplies are not available to meet 

16 Department of Defense requirements on a timely basis 

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

18 acquire capability for national security purposes or there 

19 exists a significant cost or quality difference. 

20 SEC. 8076. None of the funds appropriated or other21 wise made available by this or other Department of De22 fense Appropriations Acts may be obligated or expended 

23 for the purpose of performing repairs or maintenance to 

24 military family housing units of the Department of De25 fense, including areas in such military family housing 
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1 units that may be used for the purpose of conducting offi2 cial Department of Defense business. 

3 SEC. 8077. Notwithstanding any other provision of 

4 law, funds appropriated in this Act under the heading 

5 ‘‘Research, Development, Test and Evaluation, Defense6 Wide’’ for any advanced concept technology demonstration 

7 project may only be obligated 30 days after a report, in8 cluding a description of the project, the planned acquisi9 tion and transition strategy and its estimated annual and 

10 total cost, has been provided in writing to the congres11 sional defense committees: Provided, That the Secretary 

12 of Defense may waive this restriction on a case-by-case 

13 basis by certifying to the congressional defense committees 

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

15 SEC. 8078. The Secretary of Defense shall provide 

16 a classified quarterly report, beginning December 15, 

17 2004, to the House and Senate Appropriations Commit18 tees, Subcommittees on Defense on certain matters as di19 rected in the classified annex accompanying this Act. 

20 SEC. 8079. During the current fiscal year and here21 after, refunds attributable to the use of the Government 

22 travel card, refunds attributable to the use of the Govern23 ment Purchase Card and refunds attributable to official 

24 Government travel arranged by Government Contracted 

25 Travel Management Centers may be credited to operation 
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1 and maintenance, and research, development, test and 

2 evaluation accounts of the Department of Defense which 

3 are current when the refunds are received. 

4 SEC. 8080. (a) REGISTERING FINANCIAL MANAGE5 MENT INFORMATION TECHNOLOGY SYSTEMS WITH DOD 

6 CHIEF INFORMATION OFFICER.—None of the funds ap7 propriated in this Act may be used for a mission critical 

8 or mission essential financial management information 

9 technology system (including a system funded by the de10 fense working capital fund) that is not registered with the 

11 Chief Information Officer of the Department of Defense. 

12 A system shall be considered to be registered with that 

13 officer upon the furnishing to that officer of notice of the 

14 system, together with such information concerning the 

15 system as the Secretary of Defense may prescribe. A fi16 nancial management information technology system shall 

17 be considered a mission critical or mission essential infor18 mation technology system as defined by the Under Sec19 retary of Defense (Comptroller). 

20 (b) CERTIFICATIONS AS TO COMPLIANCE WITH FI21 NANCIAL MANAGEMENT MODERNIZATION PLAN.— 

22 (1) During the current fiscal year, a financial 

23 management automated information system, a mixed 

24 information system supporting financial and non-fi25 nancial systems, or a system improvement of more 
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1 than $1,000,000 may not receive Milestone A ap2 proval, Milestone B approval, or full rate production, 

3 or their equivalent, within the Department of De4 fense until the Under Secretary of Defense (Comp5 troller) certifies, with respect to that milestone, that 

6 the system is being developed and managed in ac7 cordance with the Department’s Financial Manage8 ment Modernization Plan. The Under Secretary of 

9 Defense (Comptroller) may require additional certifi10 cations, as appropriate, with respect to any such sys11 tem. 

12 (2) The Chief Information Officer shall provide 

13 the congressional defense committees timely notifica14 tion of certifications under paragraph (1). 

15 (c) CERTIFICATIONS AS TO COMPLIANCE WITH

16 CLINGER-COHEN ACT.— 

17 (1) During the current fiscal year, a major 

18 automated information system may not receive Mile19 stone A approval, Milestone B approval, or full rate 

20 production approval, or their equivalent, within the 

21 Department of Defense until the Chief Information 

22 Officer certifies, with respect to that milestone, that 

23 the system is being developed in accordance with the 

24 Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.). 

25 The Chief Information Officer may require addi-
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1 tional certifications, as appropriate, with respect to 

2 any such system. 

3 (2) The Chief Information Officer shall provide 

4 the congressional defense committees timely notifica5 tion of certifications under paragraph (1). Each 

6 such notification shall include, at a minimum, the 

7 funding baseline and milestone schedule for each 

8 system covered by such a certification and confirma9 tion that the following steps have been taken with 

10 respect to the system: 

11 (A) Business process reengineering. 

12 (B) An analysis of alternatives. 

13 (C) An economic analysis that includes a 

14 calculation of the return on investment. 

15 (D) Performance measures. 

16 (E) An information assurance strategy 

17 consistent with the Department’s Global Infor18 mation Grid. 

19 (d) DEFINITIONS.—For purposes of this section: 

20 (1) The term ‘‘Chief Information Officer’’ 

21 means the senior official of the Department of De22 fense designated by the Secretary of Defense pursu23 ant to section 3506 of title 44, United States Code. 

24 (2) The term ‘‘information technology system’’ 

25 has the meaning given the term ‘‘information tech-
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1 nology’’ in section 5002 of the Clinger-Cohen Act of 

2 1996 (40 U.S.C. 1401). 

3 SEC. 8081. During the current fiscal year, none of 

4 the funds available to the Department of Defense may be 

5 used to provide support to another department or agency 

6 of the United States if such department or agency is more 

7 than 90 days in arrears in making payment to the Depart8 ment of Defense for goods or services previously provided 

9 to such department or agency on a reimbursable basis: 

10 Provided, That this restriction shall not apply if the de11 partment is authorized by law to provide support to such 

12 department or agency on a nonreimbursable basis, and is 

13 providing the requested support pursuant to such author14 ity: Provided further, That the Secretary of Defense may 

15 waive this restriction on a case-by-case basis by certifying 

16 in writing to the Committees on Appropriations of the 

17 House of Representatives and the Senate that it is in the 

18 national security interest to do so. 

19 SEC. 8082. None of the funds provided in this Act 

20 may be used to transfer to any nongovernmental entity 

21 ammunition held by the Department of Defense that has 

22 a center-fire cartridge and a United States military no23 menclature designation of ‘‘armor penetrator’’, ‘‘armor 

24 piercing (AP)’’, ‘‘armor piercing incendiary (API)’’, or 

25 ‘‘armor-piercing incendiary-tracer (API-T)’’, except to an 
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1 entity performing demilitarization services for the Depart2 ment of Defense under a contract that requires the entity 

3 to demonstrate to the satisfaction of the Department of 

4 Defense that armor piercing projectiles are either: (1) ren5 dered incapable of reuse by the demilitarization process; 

6 or (2) used to manufacture ammunition pursuant to a con7 tract with the Department of Defense or the manufacture 

8 of ammunition for export pursuant to a License for Per9 manent Export of Unclassified Military Articles issued by 

10 the Department of State. 

11 SEC. 8083. Notwithstanding any other provision of 

12 law, the Chief of the National Guard Bureau, or his des13 ignee, may waive payment of all or part of the consider14 ation that otherwise would be required under 10 U.S.C. 

15 2667, in the case of a lease of personal property for a 

16 period not in excess of 1 year to any organization specified 

17 in 32 U.S.C. 508(d), or any other youth, social, or fra18 ternal non-profit organization as may be approved by the 

19 Chief of the National Guard Bureau, or his designee, on 

20 a case-by-case basis. 

21 SEC. 8084. None of the funds appropriated by this 

22 Act shall be used for the support of any nonappropriated 

23 funds activity of the Department of Defense that procures 

24 malt beverages and wine with nonappropriated funds for 

25 resale (including such alcoholic beverages sold by the 
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1 drink) on a military installation located in the United 

2 States unless such malt beverages and wine are procured 

3 within that State, or in the case of the District of Colum4 bia, within the District of Columbia, in which the military 

5 installation is located: Provided, That in a case in which 

6 the military installation is located in more than one State, 

7 purchases may be made in any State in which the installa8 tion is located: Provided further, That such local procure9 ment requirements for malt beverages and wine shall 

10 apply to all alcoholic beverages only for military installa11 tions in States which are not contiguous with another 

12 State: Provided further, That alcoholic beverages other 

13 than wine and malt beverages, in contiguous States and 

14 the District of Columbia shall be procured from the most 

15 competitive source, price and other factors considered. 

16 SEC. 8085. Funds available to the Department of De17 fense for the Global Positioning System during the current 

18 fiscal year may be used to fund civil requirements associ19 ated with the satellite and ground control segments of 

20 such system’s modernization program. 

21 (INCLUDING TRANSFER OF FUNDS) 

22 SEC. 8086. Of the amounts appropriated in this Act 

23 under the heading, ‘‘Research, Development, Test and 

24 Evaluation, Defense-Wide’’, $60,000,000 shall remain 

25 available until expended: Provided, That notwithstanding 
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1 any other provision of law, the Secretary of Defense is 

2 authorized to transfer such funds to other activities of the 

3 Federal Government. 

4 SEC. 8087. Section 8106 of the Department of De5 fense Appropriations Act, 1997 (titles I through VIII of 

6 the matter under subsection 101(b) of Public Law 104– 

7 208; 110 Stat. 3009–111; 10 U.S.C. 113 note) shall con8 tinue in effect to apply to disbursements that are made 

9 by the Department of Defense in fiscal year 2005. 

10 SEC. 8088. In addition to amounts provided else11 where in this Act, $2,000,000 is hereby appropriated for 

12 ‘‘Defense Health Program’’, to remain available for obli13 gation until expended: Provided, That notwithstanding 

14 any other provision of law, these funds shall be available 

15 only for a grant to the Fisher House Foundation, Inc., 

16 only for the construction and furnishing of additional 

17 Fisher Houses to meet the needs of military family mem18 bers when confronted with the illness or hospitalization of 

19 an eligible military beneficiary. 

20 SEC. 8089. Amounts appropriated in title II of this 

21 Act are hereby reduced by $300,000,000 to reflect savings 

22 attributable to efficiencies and management improvements 

23 in the funding of miscellaneous or other contracts in the 

24 military departments, as follows: 
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1 (1) From ‘‘Operation and Maintenance, Army’’, 

2 $66,700,000; 

3 (2) From ‘‘Operation and Maintenance, Navy’’, 

4 $77,900,000; 

5 (3) From ‘‘Operation and Maintenance, Marine 

6 Corps’’, $6,100,000; and 

7 (4) From ‘‘Operation and Maintenance, Air 

8 Force’’, $149,300,000. 

9 (INCLUDING TRANSFER OF FUNDS)

10 SEC. 8090. Of the amounts appropriated in this Act 

11 under the heading ‘‘Research, Development, Test and 

12 Evaluation, Defense-Wide’’, $87,290,000 shall be avail13 able for the Arrow missile defense program, of which 

14 $25,000,000 shall be for producing Arrow missile compo15 nents in the United States and Arrow missile components 

16 and missiles in Israel to meet Israel’s defense require17 ments, consistent with each nation’s laws, regulations and 

18 procedures: Provided further, That funds made available 

19 under this provision for production of missiles and missile 

20 components may be transferred to appropriations available 

21 for the procurement of weapons and equipment, to be 

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

23 and the same purposes as the appropriation to which 

24 transferred: Provided further, That the transfer authority 

25 provided under this provision is in addition to any other 

26 transfer authority contained in this Act. 
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1 SEC. 8091. Notwithstanding any other provision of 

2 law, of the amounts provided in this Act and in Public 

3 Law 108–87 under the heading ‘‘Research, Development, 

4 Test and Evaluation, Navy’’, $1,500,000, and $500,000, 

5 respectively, shall be available for a grant (or grants) to 

6 the California Central Coast Research Partnership 

7 (C3RP) through the California Polytechnic State Univer8 sity Foundation, for costs related to Office of Naval Re9 search agreements: Provided, That the Secretary of the 

10 Navy shall make said grant (or grants) within 90 days 

11 of the enactment of this Act. 

12 (INCLUDING TRANSFER OF FUNDS) 

13 SEC. 8092. Of the amounts appropriated in this Act 

14 under the heading ‘‘Shipbuilding and Conversion, Navy’’, 

15 $484,390,000 shall be available until September 30, 2005, 

16 to fund prior year shipbuilding cost increases: Provided, 

17 That upon enactment of this Act, the Secretary of Defense 

18 shall transfer such funds to the following appropriations 

19 in the amount specified: Provided further, That the 

20 amounts transferred shall be merged with and be available 

21 for the same purposes as the appropriations to which 

22 transferred: 

23 To: 

24 Under the heading, ‘‘Shipbuilding and Conver25 sion, Navy, 1996/05’’: 
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1 LPD–17 Amphibious Transport Dock Ship 

2 Program, $55,000,000. 

3 Under the heading, ‘‘Shipbuilding and Conver4 sion, Navy, 1999/05’’: 

5 New SSN, $10,000,000; 

6 LPD–17 Amphibious Transport Dock Ship 

7 Program, $38,100,000. 

8 Under the heading, ‘‘Shipbuilding and Conver9 sion, Navy, 2000/05’’: 

10 DDG–51 Destroyer Program, 

11 $44,963,000; 

12 LPD–17 Amphibious Transport Dock Ship 

13 Program, $171,681,000. 

14 Under the heading, ‘‘Shipbuilding and Conver15 sion, Navy, 2001/05’’: 

16 DDG–51 Destroyer Program, 

17 $83,316,000; 

18 New SSN, $67,330,000. 

19 Under the heading, ‘‘Shipbuilding and Conver20 sion, Navy, 2002/05’’: 

21 LCAC SLEP, $2,100,000. 

22 Under the heading, ‘‘Shipbuilding and Conver23 sion, Navy, 2003/05’’: 

24 LCAC SLEP, $11,900,000: 
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1 Provided further, That Section 126 of the National De2 fense Authorization Act for Fiscal Year 2004 (Public Law 

3 108–136; 117 Stat. 1410; 10 U.S.C. 7291 note) is re4 pealed. 

5 SEC. 8093. The Secretary of the Navy may settle, 

6 or compromise, and pay any and all admiralty claims 

7 under 10 U.S.C. 7622 arising out of the collision involving 

8 the U.S.S. GREENEVILLE and the EHIME MARU, in 

9 any amount and without regard to the monetary limita10 tions in subsections (a) and (b) of that section: Provided, 

11 That such payments shall be made from funds available 

12 to the Department of the Navy for operation and mainte13 nance. 

14 SEC. 8094. Notwithstanding any other provision of 

15 law or regulation, the Secretary of Defense may hereafter 

16 exercise the provisions of 38 U.S.C. 7403(g) for occupa17 tions listed in 38 U.S.C. 7403(a)(2) as well as the fol18 lowing: 

19 Pharmacists, Audiologists, and Dental Hygien20 ists. 

21 (A) The requirements of 38 U.S.C. 

22 7403(g)(1)(A) shall apply. 

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

24 shall not apply. 
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1 SEC. 8095. Funds appropriated by this Act, or made 

2 available by the transfer of funds in this Act, for intel3 ligence activities are deemed to be specifically authorized 

4 by the Congress for purposes of section 504 of the Na5 tional Security Act of 1947 (50 U.S.C. 414) during fiscal 

6 year 2005 until the enactment of the Intelligence Author7 ization Act for fiscal year 2005. 

8 SEC. 8096. The total amount appropriated in title IV 

9 of this Act is hereby reduced by $270,000,000 to reduce 

10 cost growth in information technology development and 

11 modernization, to be derived as follows: 

12 (1) From ‘‘Research, Development, Test and 

13 Evaluation, Army’’, $60,000,000; 

14 (2) From ‘‘Research, Development, Test and 

15 Evaluation, Navy’’, $29,000,000; 

16 (3) From ‘‘Research, Development, Test and 

17 Evaluation, Air Force’’, $72,000,000; and 

18 (4) From ‘‘Research, Development, Test and 

19 Evaluation, Defense-Wide’’, $109,000,000. 

20 SEC. 8097. None of the funds in this Act may be 

21 used to initiate a new start program without prior notifica22 tion to the Office of Secretary of Defense and the congres23 sional defense committees. 

24 SEC. 8098. The amounts appropriated in title II of 

25 this Act are hereby reduced by $316,000,000 to reflect 
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1 cash balance and rate stabilization adjustments in Depart2 ment of Defense Working Capital Funds, as follows: 

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

4 $150,000,000. 

5 (2) From ‘‘Operation and Maintenance, Air 

6 Force’’, $166,000,000. 

7 SEC. 8099. (a) In addition to the amounts provided 

8 elsewhere in this Act, the amount of $6,000,000 is hereby 

9 appropriated to the Department of Defense for ‘‘Oper10 ation and Maintenance, Army National Guard’’. Such 

11 amount shall be made available to the Secretary of the 

12 Army only to make a grant in the amount of $6,000,000 

13 to the entity specified in subsection (b) to facilitate access 

14 by veterans to opportunities for skilled employment in the 

15 construction industry. 

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

17 Center for Military Recruitment, Assessment and Vet18 erans Employment, a nonprofit labor-management co-op19 eration committee provided for by section 302(c)(9) of the 

20 Labor-Management Relations Act, 1947 (29 U.S.C. 

21 186(c)(9)), for the purposes set forth in section 6(b) of 

22 the Labor Management Cooperation Act of 1978 (29 

23 U.S.C. 175a note). 

24 SEC. 8100. FINANCING AND FIELDING OF KEY ARMY

25 CAPABILITIES.—The Department of Defense and the De-
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1 partment of the Army shall make future budgetary and 

2 programming plans to fully finance the Non-Line of Sight 

3 Future Force cannon and resupply vehicle program 

4 (NLOS–C) in order to field this system in fiscal year 

5 2010, consistent with the broader plan to field the Future 

6 Combat System (FCS) in fiscal year 2010: Provided, That 

7 if the Army is precluded from fielding the FCS program 

8 by fiscal year 2010, then the Army shall develop the 

9 NLOS–C independent of the broader FCS development 

10 timeline to achieve fielding by fiscal year 2010. In addition 

11 the Army will deliver eight (8) combat operational pre12 production NLOS–C systems by the end of calendar year 

13 2008. These systems shall be in addition to those systems 

14 necessary for developmental and operational testing: Pro15 vided further, That the Army shall ensure that budgetary 

16 and programmatic plans will provide for no fewer that 

17 seven (7) Stryker Brigade Combat Teams to be fielded 

18 no later than fiscal year 2009. 

19 SEC. 8101. In addition to the amounts appropriated 

20 or otherwise made available elsewhere in this Act, 

21 $6,600,000 is hereby appropriated to the Department of 

22 Defense, to remain available until September 30, 2005: 

23 Provided, That the Secretary of Defense shall make grants 

24 in the amount of $2,100,000 to the Intrepid Sea-Air25 Space Foundation; $2,500,000 to the Presidio Trust only 
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1 for renovations of the parade field; and $2,000,000 to the 

2 Fort Ticonderoga Association. 

3 SEC. 8102. None of the funds appropriated in this 

4 Act under the heading ‘‘Overseas Contingency Operations 

5 Transfer Account’’ may be transferred or obligated for 

6 Department of Defense expenses not directly related to the 

7 conduct of overseas contingencies: Provided, That the Sec8 retary of Defense shall submit a report no later than 30 

9 days after the end of each fiscal quarter to the Committees 

10 on Appropriations of the Senate and House of Representa11 tives that details any transfer of funds from the ‘‘Overseas 

12 Contingency Operations Transfer Account’’: Provided fur13 ther, That the report shall explain any transfer for the 

14 maintenance of real property, pay of civilian personnel, 

15 base operations support, and weapon, vehicle or equipment 

16 maintenance. 

17 SEC. 8103. For purposes of section 1553(b) of title 

18 31, United States Code, any subdivision of appropriations 

19 made in this Act under the heading ‘‘Shipbuilding and 

20 Conversion, Navy’’ shall be considered to be for the same 

21 purpose as any subdivision under the heading ‘‘Ship22 building and Conversion, Navy’’ appropriations in any 

23 prior fiscal year, and the 1 percent limitation shall apply 

24 to the total amount of the appropriation. 
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1 SEC. 8104. The budget of the President for fiscal 

2 year 2006 submitted to the Congress pursuant to section 

3 1105 of title 31, United States Code shall include separate 

4 budget justification documents for costs of United States 

5 Armed Forces’ participation in contingency operations for 

6 the Military Personnel accounts, the Operation and Main7 tenance accounts, and the Procurement accounts: Pro8 vided, That these documents shall include a description 

9 of the funding requested for each contingency operation, 

10 for each military service, to include all Active and Reserve 

11 components, and for each appropriations account: Pro12 vided further, That these documents shall include esti13 mated costs for each element of expense or object class, 

14 a reconciliation of increases and decreases for each contin15 gency operation, and programmatic data including, but 

16 not limited to, troop strength for each Active and Reserve 

17 component, and estimates of the major weapons systems 

18 deployed in support of each contingency: Provided further, 

19 That these documents shall include budget exhibits OP– 

20 5 and OP–32 (as defined in the Department of Defense 

21 Financial Management Regulation) for all contingency op22 erations for the budget year and the two preceding fiscal 

23 years. 

24 SEC. 8105. None of the funds in this Act may be 

25 used for research, development, test, evaluation, procure-
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1 ment or deployment of nuclear armed interceptors of a 

2 missile defense system. 

3 SEC. 8106. Of the amounts provided in title II of this 

4 Act under the heading, ‘‘Operation and Maintenance, De5 fense-Wide’’, $20,000,000 is available for the Regional 

6 Defense Counter-terrorism Fellowship Program, to fund 

7 the education and training of foreign military officers, 

8 ministry of defense civilians, and other foreign security of9 ficials, to include United States military officers and civil10 ian officials whose participation directly contributes to the 

11 education and training of these foreign students. 

12 SEC. 8107. None of the funds appropriated or made 

13 available in this Act shall be used to reduce or disestablish 

14 the operation of the 53rd Weather Reconnaissance Squad15 ron of the Air Force Reserve, if such action would reduce 

16 the WC–130 Weather Reconnaissance mission below the 

17 levels funded in this Act: Provided, That the Air Force 

18 shall allow the 53rd Weather Reconnaissance Squadron to 

19 perform other missions in support of national defense re20 quirements during the non-hurricane season. 

21 SEC. 8108. (a) LAND CONVEYANCES, NORTON AIR

22 FORCE BASE, CALIFORNIA.—(1) FOREST SERVICE CON23 VEYANCE.—Subject to paragraph (2), the Secretary of Ag24 riculture shall convey to the Inland Valley Development 

25 Agency all right, title, and interest of the United States 
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1 in and to a parcel of real property consisting of approxi2 mately 3.74 acres designated as parcel D–1 (including the 

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

4 former Norton Air Force Base, California. 

5 (2) As consideration for the transfer under paragraph 

6 (1), the Inland Valley Development Agency shall execute 

7 a long-term ground lease with the Secretary of Agri8 culture, upon terms acceptable to the Federal Aviation Ad9 ministration, to provide the United States Forest Service 

10 with a replacement parcel of land of approximately 7.5 

11 acres at the San Bernardino International Airport adja12 cent to current facilities of the Forest Service to be used 

13 for aeronautical purposes in furtherance of wildfire pre14 vention and containment. 

15 (b) AIR FORCE CONVEYANCE.—(1) Subject to para16 graph (2), the Secretary of the Air Force shall convey to 

17 the Inland Valley Development Agency all right, title, and 

18 interest of the United States in and to certain parcels of 

19 real property, including improvements thereon, located on 

20 or adjacent to the former Norton Air Force Base, Cali21 fornia, that as of the date of the enactment of this Act 

22 have been determined through a record of decision to be 

23 eligible to be transferred to, or held in trust for, the San 

24 Manuel Band of Mission Indians. 
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1 (2) The Secretary of the Air Force shall make a con2 veyance under paragraph (1) with respect to any parcel 

3 of real property to which that paragraph applies only upon 

4 delivery to the Secretary of an instrument executed by the 

5 San Manuel Band of Mission Indians that releases and 

6 extinguishes any real property interest of the San Manuel 

7 Band of Mission Indians in that parcel of real property. 

8 SEC. 8109. (a) The total amount appropriated or oth9 erwise made available in titles III and IV of this Act is 

10 hereby reduced by $345,000,000 to reflect savings from 

11 revised economic assumptions, to be distributed as follows: 

12 ‘‘Title III’’, $189,000,000; and 

13 ‘‘Title IV’’, $156,000,000. 

14 (b) The Secretary of Defense shall allocate this re15 duction proportionately to each program, project, and ac16 tivity within each applicable appropriation account. 

17 (INCLUDING TRANSFER OF FUNDS) 

18 SEC. 8110. (a) The amount appropriated in title II 

19 for ‘‘Operation and Maintenance, Air Force’’ is hereby re20 duced by $967,200,000 to reflect cash balance and rate 

21 stabilization adjustments in the Department of Defense 

22 Transportation Working Capital Fund. 

23 (b) Not later than 120 days after the date of the en24 actment of this Act, the Secretary of Defense shall trans25 fer $967,200,000 from the Department of Defense Trans-
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1 portation Working Capital Fund to ‘‘Operation and Main2 tenance, Air Force’’ to offset the reduction made by sub3 section (a). The transfer required by this subsection is in 

4 addition to any other transfer authority provided to the 

5 Department of Defense. 

6 SEC. 8111. None of the funds provided in this Act 

7 shall be available for integration of foreign intelligence in8 formation unless the information has been lawfully col9 lected and processed during the conduct of authorized for10 eign intelligence activities: Provided, That information 

11 pertaining to United States persons shall only be handled 

12 in accordance with protections provided in the Fourth 

13 Amendment of the United States Constitution as imple14 mented through Executive Order 12333. 

15 SEC. 8112. Section 8149(b) of the Department of De16 fense Appropriations Act, 2003 (Public Law 107–248; 10 

17 U.S.C. 2784 note), shall remain in effect for fiscal year 

18 2005. 

19 SEC. 8113. Amounts appropriated in this Act may 

20 be used by the Department of Defense for the purchase 

21 of heavy and light armored vehicles for force protection 

22 purposes, notwithstanding price or other limitations appli23 cable to the purchase of passenger carrying vehicles under 

24 section 1343 of title 31, United States Code, or any other 

25 provision of law: Provided, That the Secretary of Defense 
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1 shall submit a report no later than 30 days after the end 

2 of each fiscal quarter notifying the congressional defense 

3 committees of any purchase described in this section, in4 cluding the cost, purposes, and quantities of vehicles pur5 chased. 

6 SEC. 8114. Of the amount appropriated under the 

7 heading ‘‘Operation and Maintenance, Marine Corps’’ for 

8 the Marine Corps Air-Ground Task Force Training Cen9 ter, Twenty Nine Palms, California, $4,500,000 shall be 

10 available to the Secretary of the Navy to enter into a con11 tract, notwithstanding any other provision of law, for the 

12 widening of Adobe Road, which is used by members of 

13 the Marine Corps stationed at the installation and their 

14 dependents, and for construction of pedestrian and bike 

15 lanes for the road, to provide for the safety of the Marines 

16 stationed at the installation. 

17 SEC. 8115. In addition to amounts appropriated or 

18 otherwise made available in this Act, there is hereby ap19 propriated $3,000,000, for ‘‘Operation and Maintenance, 

20 Marine Corps’’: Provided, That the Secretary of the Navy 

21 shall make a grant in that amount to the ‘‘Hi-Desert Me22 morial Health Care District’’, Joshua Tree, California, for 

23 the purposes of providing a capability for non-invasive as24 sessment, diagnostic testing and treatment in support of 
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1 service personnel and their families stationed at the Ma2 rine Corps Air-Ground Task Force Training Center. 

3 SEC. 8116. (a) LAND CONVEYANCE, ARMY RESERVE

4 TRAINING CENTER, WOOSTER, OHIO.—The Secretary of 

5 the Army may convey, without consideration, to the City 

6 of Wooster, Ohio, all right, title, and interest of the United 

7 States in and to a parcel of real property, including im8 provements thereon, that is located at 1676 Portage Road, 

9 Wooster, Ohio, and contains a former Army Reserve 

10 Training Center. 

11 (b) DESCRIPTION OF PROPERTY.—The exact acreage 

12 and legal description of the real property to be conveyed 

13 under subsection (a) shall be determined by a survey satis14 factory to the Secretary. The cost of the survey shall be 

15 borne by the City of Wooster, Ohio. 

16 (c) ADDITIONAL TERMS AND CONDITIONS.—The 

17 Secretary may require such additional terms and condi18 tions in connection with the conveyance under subsection 

19 (a) as the Secretary considers appropriate to protect the 

20 interests of the United States. 

21 SEC. 8117. (a) At the time members of reserve com22 ponents of the Armed Forces are called or ordered to ac23 tive duty under Section 12302(a) of title 10, United States 

24 Code, each member shall be notified in writing of the ex25 pected period during which the member will be mobilized. 
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1 (b) The Secretary of Defense may waive the require2 ments of subsection (a) in any case in which the Secretary 

3 determines that it is necessary to do so to respond to a 

4 national security emergency or to meet dire operational 

5 requirements of the Armed Forces. 

6 (INCLUDING TRANSFER OF FUNDS)

7 SEC. 8118. The Secretary of the Navy may transfer 

8 funds from any available Department of the Navy appro9 priation to any available Navy ship construction appro10 priation for the purpose of liquidating necessary changes 

11 resulting from inflation, market fluctuations, or rate ad12 justments for any ship construction program appropriated 

13 in law: Provided, That the Secretary may transfer not to 

14 exceed $100,000,000 under the authority provided by this 

15 section: Provided further, That the funding transferred 

16 shall be available for the same time period as the appro17 priation to which transferred: Provided further, That the 

18 Secretary may not transfer any funds until 30 days after 

19 the proposed transfer has been reported to the Committee 

20 on Appropriations of the Senate and the House of Rep21 resentatives, unless sooner notified by the Committees 

22 that there is no objection to the proposed transfer: Pro23 vided further, That the transfer authority provided by this 

24 section is in addition to any other transfer authority con25 tained elsewhere in this Act. 
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1 SEC. 8119. The amounts appropriated in title II of 

2 this Act are hereby reduced by $100,000,000 to reflect 

3 savings attributable to the offsetting of payments to con4 tractors for the collection, pursuant to law, of unpaid taxes 

5 owed to the United States, as follows: 

6 (1) From ‘‘Operation and Maintenance, Army’’, 

7 $22,000,000. 

8 (2) From ‘‘Operation and Maintenance, Navy’’, 

9 $26,000,000. 

10 (3) From ‘‘Operation and Maintenance, Marine 

11 Corps’’, $2,000,000. 

12 (4) From ‘‘Operation and Maintenance, Air 

13 Force’’, $50,000,000. 

14 SEC. 8120. The total amount appropriated in title IV 

15 is hereby reduced by $685,000,000 to decrease amounts 

16 budgeted in anticipation of the application of non-statu17 tory funding set asides: Provided, That this reduction shall 

18 be allocated proportionately to each budgeted program, 

19 program element, project, and activity: Provided further, 

20 That funds made available for programs of the National 

21 Foreign Intelligence Program (NFIP) are exempt from 

22 the application of this provision. 

23 (INCLUDING TRANSFER OF FUNDS)

24 SEC. 8121. TANKER REPLACEMENT TRANSFER

25 FUND.—In addition to funds made available elsewhere in 

26 this Act, there is hereby appropriated $100,000,000, to 
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1 remain available until transferred: Provided, That these 

2 funds are appropriated to the ‘‘Tanker Replacement 

3 Transfer Fund’’ (referred to as ‘‘the Fund’’ elsewhere in 

4 this section), which is hereby established in the Treasury: 

5 Provided further, That the Secretary of the Air Force may 

6 transfer amounts in the Fund to ‘‘Operation and Mainte7 nance, Air Force’’, ‘‘Aircraft Procurement, Air Force’’, 

8 and ‘‘Research, Development, Test and Evaluation, Air 

9 Force’’, only for the purposes of proceeding with a KC– 

10 767 tanker acquisition program: Provided further, That 

11 these funds may be made available to implement the provi12 sions of section 117 of the House-passed version of H.R. 

13 4200 (108th Congress), the National Defense Authoriza14 tion Act for Fiscal Year 2005: Provided further, That 

15 funds transferred shall be merged with and be available 

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

17 the appropriation or fund to which transferred: Provided 

18 further, That this transfer authority is in addition to any 

19 other transfer authority available to the Department of 

20 Defense: Provided further, That the Secretary of the Air 

21 Force shall, not fewer than 15 days prior to making trans22 fers using funds provided in this section, notify the con23 gressional defense committees in writing of the details of 

24 any such transfer: Provided further, That the Secretary 

25 shall submit a report no later than 30 days after the end 
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1 of each fiscal quarter to the congressional defense commit2 tees summarizing the details of the transfer of funds from 

3 this appropriation. 

4 SEC. 8122. None of the funds appropriated or other5 wise made available by this Act may be used to amend 

6 or cancel, or implement any amendment or cancellation 

7 of, Department of Defense Directive 1344.7, ‘‘Personal 

8 Commercial Solicitation on DoD Installations’’, until after 

9 the end of the one-year period beginning on the date on 

10 which the report containing the results of the investigation 

11 regarding insurance premium allotment processing, which 

12 is underway as of the date of the enactment of this Act, 

13 is submitted to the congressional defense committees (as 

14 defined in section 101(a)(16) of title 10, United States 

15 Code), the Committee on Government Reform of the 

16 House of Representatives, and the Committee on Govern17 mental Affairs of the Senate. 

18 TITLE IX—ADDITIONAL APPROPRIATIONS 

19 CHAPTER I 

20 DEPARTMENT OF DEFENSE—MILITARY 

21 MILITARY PERSONNEL 

22 MILITARY PERSONNEL, ARMY

23 For an additional amount for ‘‘Military Personnel, 

24 Army’’, $2,552,200,000: Provided, That, if the enactment 

25 of this title occurs during fiscal year 2004, such amount 
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1 is designated as an emergency requirement pursuant to 

2 section 402 of S. Con. Res. 95 (108th Congress), as made 

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

4 (108th Congress): Provided further, That, if the enactment 

5 of this title occurs during fiscal year 2005, such amount 

6 is designated as making appropriations for overseas con7 tingency operations pursuant to section 403 of such S. 

8 Con. Res. 95. 

9 MILITARY PERSONNEL, NAVY

10 For an additional amount for ‘‘Military Personnel, 

11 Navy’’, $232,200,000: Provided, That, if the enactment 

12 of this title occurs during fiscal year 2004, such amount 

13 is designated as an emergency requirement pursuant to 

14 section 402 of S. Con. Res. 95 (108th Congress), as made 

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

16 (108th Congress): Provided further, That, if the enactment 

17 of this title occurs during fiscal year 2005, such amount 

18 is designated as making appropriations for overseas con19 tingency operations pursuant to section 403 of such S. 

20 Con. Res. 95. 

21 MILITARY PERSONNEL, MARINE CORPS

22 For an additional amount for ‘‘Military Personnel, 

23 Marine Corps’’, $273,200,000: Provided, That, if the en24 actment of this title occurs during fiscal year 2004, such 

25 amount is designated as an emergency requirement pursu-
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1 ant to section 402 of S. Con. Res. 95 (108th Congress), 

2 as made applicable to the House of Representatives by H. 

3 Res. 649 (108th Congress): Provided further, That, if the 

4 enactment of this title occurs during fiscal year 2005, such 

5 amount is designated as making appropriations for over6 seas contingency operations pursuant to section 403 of 

7 such S. Con. Res. 95. 

8 MILITARY PERSONNEL, AIR FORCE

9 For an additional amount for ‘‘Military Personnel, 

10 Air Force’’, $874,400,000: Provided, That, if the enact11 ment of this title occurs during fiscal year 2004, such 

12 amount is designated as an emergency requirement pursu13 ant to section 402 of S. Con. Res. 95 (108th Congress), 

14 as made applicable to the House of Representatives by H. 

15 Res. 649 (108th Congress): Provided further, That, if the 

16 enactment of this title occurs during fiscal year 2005, such 

17 amount is designated as making appropriations for over18 seas contingency operations pursuant to section 403 of 

19 such S. Con. Res. 95. 

20 OPERATION AND MAINTENANCE 

21 OPERATION AND MAINTENANCE, ARMY

22 For an additional amount for ‘‘Operation and Main23 tenance, Army’’, $11,698,400,000: Provided, That, if the 

24 enactment of this title occurs during fiscal year 2004, such 

25 amount is designated as an emergency requirement pursu-
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1 ant to section 402 of S. Con. Res. 95 (108th Congress), 

2 as made applicable to the House of Representatives by H. 

3 Res. 649 (108th Congress): Provided, further That, if the 

4 enactment of this title occurs during fiscal year 2005, such 

5 amount is designated as making appropriations for over6 seas contingency operations pursuant to section 403 of 

7 such S. Con. Res. 95. 

8 OPERATION AND MAINTENANCE, NAVY

9 For an additional amount for ‘‘Operation and Main10 tenance, Navy’’, $303,000,000: Provided, That, if the en11 actment of this title occurs during fiscal year 2004, such 

12 amount is designated as an emergency requirement pursu13 ant to section 402 of S. Con. Res. 95 (108th Congress), 

14 as made applicable to the House of Representatives by H. 

15 Res. 649 (108th Congress): Provided further, That, if the 

16 enactment of this title occurs during fiscal year 2005, such 

17 amount is designated as making appropriations for over18 seas contingency operations pursuant to section 403 of 

19 such S. Con. Res. 95. 

20 OPERATION AND MAINTENANCE, MARINE CORPS

21 For an additional amount for ‘‘Operation and Main22 tenance, Marine Corps’’, $1,295,000,000: Provided, That, 

23 if the enactment of this title occurs during fiscal year 

24 2004, such amount is designated as an emergency require25 ment pursuant to section 402 of S. Con. Res. 95 (108th 
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1 Congress), as made applicable to the House of Representa2 tives by H. Res. 649 (108th Congress): Provided further, 

3 That, if the enactment of this title occurs during fiscal 

4 year 2005, such amount is designated as making appro5 priations for overseas contingency operations pursuant to 

6 section 403 of such S. Con. Res. 95. 

7 OPERATION AND MAINTENANCE, AIR FORCE

8 For an additional amount for ‘‘Operation and Main9 tenance, Air Force’’, $744,000,000: Provided, That, if the 

10 enactment of this title occurs during fiscal year 2004, such 

11 amount is designated as an emergency requirement pursu12 ant to section 402 of S. Con. Res. 95 (108th Congress), 

13 as made applicable to the House of Representatives by H. 

14 Res. 649 (108th Congress): Provided further, That, if the 

15 enactment of this title occurs during fiscal year 2005, such 

16 amount is designated as making appropriations for over17 seas contingency operations pursuant to section 403 of 

18 such S. Con. Res. 95. 

19 OPERATION AND MAINTENANCE, DEFENSE-WIDE

20 For an additional amount for ‘‘Operation and Main21 tenance, Defense-Wide’’, $295,000,000: Provided, That, if 

22 the enactment of this title occurs during fiscal year 2004, 

23 such amount is designated as an emergency requirement 

24 pursuant to section 402 of S. Con. Res. 95 (108th Con25 gress), as made applicable to the House of Representatives 
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1 by H. Res. 649 (108th Congress): Provided further, That, 

2 if the enactment of this title occurs during fiscal year 

3 2005, such amount is designated as making appropria4 tions for overseas contingency operations pursuant to sec5 tion 403 of such S. Con. Res. 95. 

6 IRAQ FREEDOM FUND

7 (INCLUDING TRANSFER OF FUNDS)

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

9 $2,978,000,000, to remain available for transfer until 

10 September 30, 2006, for the purposes authorized under 

11 this heading in Public Law 108–11: Provided, That the 

12 Secretary of Defense may transfer the funds provided 

13 herein to appropriations for military personnel; operation 

14 and maintenance; Overseas Humanitarian, Disaster, and 

15 Civic Aid; procurement; research, development, test and 

16 evaluation; the Defense Health Program; and working 

17 capital funds: Provided further, That of the amounts pro18 vided under this heading, not less than $1,978,000,000 

19 shall be for classified programs, which shall be in addition 

20 to amounts provided for elsewhere in this title, and under 

21 this heading: Provided further, That funds transferred 

22 shall be merged with and be available for the same pur23 poses and for the same time period as the appropriation 

24 or fund to which transferred: Provided further, That this 

25 transfer authority is in addition to any other transfer au-
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1 thority available to the Department of Defense: Provided 

2 further, That upon a determination that all or part of the 

3 funds transferred from this appropriation are not nec4 essary for the purposes provided herein, such amounts 

5 may be transferred back to this appropriation: Provided 

6 further, That the Secretary of Defense shall, not fewer 

7 than 5 days prior to making transfers from this appropria8 tion, notify the congressional defense committees in writ9 ing of the details of any such transfer: Provided further, 

10 That the Secretary shall submit a report no later than 

11 30 days after the end of each fiscal quarter to the congres12 sional defense committees summarizing the details of the 

13 transfer of funds from this appropriation: Provided fur14 ther, That, if the enactment of this title occurs during fis15 cal year 2004, such amount is designated as an emergency 

16 requirement pursuant to section 402 of S. Con. Res. 95 

17 (108th Congress), as made applicable to the House of 

18 Representatives by H. Res. 649 (108th Congress): Pro19 vided further, That, if the enactment of this title occurs 

20 during fiscal year 2005, such amount is designated as 

21 making appropriations for overseas contingency operations 

22 pursuant to section 403 of such S. Con. Res. 95. 
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1 PROCUREMENT 

2 MISSILE PROCUREMENT, ARMY

3 For an additional amount for ‘‘Missile Procurement, 

4 Army’’, $42,800,000, to remain available until September 

5 30, 2007: Provided, That, if the enactment of this title 

6 occurs during fiscal year 2004, such amount is designated 

7 as an emergency requirement pursuant to section 402 of 

8 S. Con. Res. 95 (108th Congress), as made applicable to 

9 the House of Representatives by H. Res. 649 (108th Con10 gress): Provided further That, if the enactment of this title 

11 occurs during fiscal year 2005, such amount is designated 

12 as making appropriations for overseas contingency oper13 ations pursuant to section 403 of such S. Con. Res. 95. 

14 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

15 VEHICLES, ARMY

16 For an additional amount for ‘‘Procurement of Weap17 ons and Tracked Combat Vehicles, Army’’, $201,900,000, 

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

19 That, if the enactment of this title occurs during fiscal 

20 year 2004, such amount is designated as an emergency 

21 requirement pursuant to section 402 of S. Con. Res. 95 

22 (108th Congress), as made applicable to the House of 

23 Representatives by H. Res. 649 (108th Congress): Pro24 vided further, That, if the enactment of this title occurs 

25 during fiscal year 2005, such amount is designated as 
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1 making appropriations for overseas contingency operations 

2 pursuant to section 403 of such S. Con. Res. 95. 

3 PROCUREMENT OF AMMUNITION, ARMY

4 For an additional amount for ‘‘Procurement of Am5 munition, Army’’, $330,000,000, to remain available until 

6 September 30, 2007: Provided, That, if the enactment of 

7 this title occurs during fiscal year 2004, such amount is 

8 designated as an emergency requirement pursuant to sec9 tion 402 of S. Con. Res. 95 (108th Congress), as made 

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

11 (108th Congress): Provided further, That, if the enactment 

12 of this title occurs during fiscal year 2005, such amount 

13 is designated as making appropriations for overseas con14 tingency operations pursuant to section 403 of such S. 

15 Con. Res. 95. 

16 OTHER PROCUREMENT, ARMY

17 For an additional amount for ‘‘Other Procurement, 

18 Army’’, $1,151,400,000, to remain available until Sep19 tember 30, 2007: Provided, That, if the enactment of this 

20 title occurs during fiscal year 2004, such amount is des21 ignated as an emergency requirement pursuant to section 

22 402 of S. Con. Res. 95 (108th Congress), as made applica23 ble to the House of Representatives by H. Res. 649 (108th 

24 Congress): Provided further, That, if the enactment of this 

25 title occurs during fiscal year 2005, such amount is des-
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1 ignated as making appropriations for overseas contingency 

2 operations pursuant to section 403 of such S. Con. Res. 

3 95. 

4 AIRCRAFT PROCUREMENT, NAVY

5 For an additional amount for ‘‘Aircraft Procurement, 

6 Navy’’, $34,000,000, to remain available until September 

7 30, 2007: Provided, That, if the enactment of this title 

8 occurs during fiscal year 2004, such amount is designated 

9 as an emergency requirement pursuant to section 402 of 

10 S. Con. Res. 95 (108th Congress), as made applicable to 

11 the House of Representatives by H. Res. 649 (108th Con12 gress): Provided further, That, if the enactment of this 

13 title occurs during fiscal year 2005, such amount is des14 ignated as making appropriations for overseas contingency 

15 operations pursuant to section 403 of such S. Con. Res. 

16 95. 

17 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

18 CORPS

19 For an additional amount for ‘‘Procurement of Am20 munition, Navy and Marine Corps’’, $112,800,000, to re21 main available until September 30, 2007: Provided, That, 

22 if the enactment of this title occurs during fiscal year 

23 2004, such amount is designated as an emergency require24 ment pursuant to section 402 of S. Con. Res. 95 (108th 

25 Congress), as made applicable to the House of Representa-
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1 tives by H. Res. 649 (108th Congress): Provided further, 

2 That, if the enactment of this title occurs during fiscal 

3 year 2005, such amount is designated as making appro4 priations for overseas contingency operations pursuant to 

5 section 403 of such S. Con. Res. 95. 

6 PROCUREMENT, MARINE CORPS

7 For an additional amount for ‘‘Procurement, Marine 

8 Corps’’, $111,400,000, to remain available until Sep9 tember 30, 2007: Provided, That, if the enactment of this 

10 title occurs during fiscal year 2004, such amount is des11 ignated as an emergency requirement pursuant to section 

12 402 of S. Con. Res. 95 (108th Congress), as made applica13 ble to the House of Representatives by H. Res. 649 (108th 

14 Congress): Provided further, That, if the enactment of this 

15 title occurs during fiscal year 2005, such amount is des16 ignated as making appropriations for overseas contingency 

17 operations pursuant to section 403 of such S. Con. Res. 

18 95. 

19 OTHER PROCUREMENT, AIR FORCE

20 For an additional amount for ‘‘Other Procurement, 

21 Air Force’’, $35,300,000, to remain available until Sep22 tember 30, 2007: Provided, That, if the enactment of this 

23 title occurs during fiscal year 2004, such amount is des24 ignated as an emergency requirement pursuant to section 

25 402 of S. Con. Res. 95 (108th Congress), as made applica-
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1 ble to the House of Representatives by H. Res. 649 (108th 

2 Congress): Provided further, That, if the enactment of this 

3 title occurs during fiscal year 2005, such amount is des4 ignated as making appropriations for overseas contingency 

5 operations pursuant to section 403 of such S. Con. Res. 

6 95. 

7 PROCUREMENT, DEFENSE-WIDE

8 For an additional amount for ‘‘Procurement, De9 fense-Wide’’, $80,000,000, to remain available until Sep10 tember 30, 2007: Provided, That, if the enactment of this 

11 title occurs during fiscal year 2004, such amount is des12 ignated as an emergency requirement pursuant to section 

13 402 of S. Con. Res. 95 (108th Congress), as made applica14 ble to the House of Representatives by H. Res. 649 (108th 

15 Congress): Provided further, That, if the enactment of this 

16 title occurs during fiscal year 2005, such amount is des17 ignated as making appropriations for overseas contingency 

18 operations pursuant to section 403 of such S. Con. Res. 

19 95. 

20 NATIONAL GUARD AND RESERVE EQUIPMENT

21 For an additional amount for ‘‘National Guard and 

22 Reserve Equipment’’, $100,000,000, to remain available 

23 until September 30, 2007: Provided, That, if the enact24 ment of this title occurs during fiscal year 2004, such 

25 amount is designated as an emergency requirement pursu-
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1 ant to section 402 of S. Con. Res. 95 (108th Congress), 

2 as made applicable to the House of Representatives by H. 

3 Res. 649 (108th Congress): Provided further, That, if the 

4 enactment of this title occurs during fiscal year 2005, such 

5 amount is designated as making appropriations for over6 seas contingency operations pursuant to section 403 of 

7 such S. Con. Res. 95. 

8 REVOLVING AND MANAGEMENT FUNDS 

9 DEFENSE WORKING CAPITAL FUNDS

10 For an additional amount for ‘‘Defense Working 

11 Capital Funds’’, $1,250,000,000: Provided, That, if the 

12 enactment of this title occurs during fiscal year 2004, such 

13 amount is designated as an emergency requirement pursu14 ant to section 402 of S. Con. Res. 95 (108th Congress), 

15 as made applicable to the House of Representatives by H. 

16 Res. 649 (108th Congress): Provided further, That, if the 

17 enactment of this title occurs during fiscal year 2005, such 

18 amount is designated as making appropriations for over19 seas contingency operations pursuant to section 403 of 

20 such S. Con. Res. 95. 

21 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

22 DEFENSE HEALTH PROGRAM

23 For an additional amount for ‘‘Defense Health Pro24 gram’’, $305,000,000 for Operation and maintenance: 

25 Provided, That, if the enactment of this title occurs during 
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1 fiscal year 2004, such amount is designated as an emer2 gency requirement pursuant to section 402 of S. Con. Res. 

3 95 (108th Congress), as made applicable to the House of 

4 Representatives by H. Res. 649 (108th Congress): Pro5 vided further, That, if the enactment of this title occurs 

6 during fiscal year 2005, such amount is designated as 

7 making appropriations for overseas contingency operations 

8 pursuant to section 403 of such S. Con. Res. 95. 

9 CHAPTER 2 

10 DEPARTMENT OF STATE 

11 ADMINISTRATION OF FOREIGN AFFAIRS

12 DIPLOMATIC AND CONSULAR PROGRAMS

13 For an additional amount for ‘‘Diplomatic and Con14 sular Programs’’ for costs associated with United States 

15 Mission operations, technological support, logistical sup16 port, and necessary security costs in Iraq, $665,300,000, 

17 to remain available until expended: Provided, That, if the 

18 enactment of this title occurs during fiscal year 2004, such 

19 amount is designated as an emergency requirement pursu20 ant to section 402 of S. Con. Res. 95 (108th Congress), 

21 as made applicable to the House of Representatives by H. 

22 Res. 649 (108th Congress): Provided further, That, if the 

23 enactment of this title occurs during fiscal year 2005, such 

24 amount is designated as making appropriations for over-
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1 seas contingency operations pursuant to section 403 of 

2 such S. Con. Res. 95. 

3 EMBASSY SECURITY, CONSTRUCTION, AND

4 MAINTENANCE

5 For an additional amount for ‘‘Embassy Security, 

6 Construction, and Maintenance’’ for interim facilities for 

7 the United States Mission in Iraq, $20,000,000, to remain 

8 available until expended: Provided, That, if the enactment 

9 of this title occurs during fiscal year 2004, such amount 

10 is designated as an emergency requirement pursuant to 

11 section 402 of S. Con. Res. 95 (108th Congress), as made 

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

13 (108th Congress): Provided further, That, if the enactment 

14 of this title occurs during fiscal year 2005, such amount 

15 is designated as making appropriations for overseas con16 tingency operations pursuant to section 403 of such S. 

17 Con. Res. 95. 

18 CHAPTER 3 

19 BILATERAL ECONOMIC ASSISTANCE 

20 FUNDS APPROPRIATED TO THE PRESIDENT 

21 UNITED STATES AGENCY FOR INTERNATIONAL

22 DEVELOPMENT

23 INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

24 For an additional amount for ‘‘International Disaster 

25 and Famine Assistance’’, $70,000,000, to remain available 
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1 until September 30, 2005: Provided, That funds appro2 priated by this paragraph shall be available to respond to 

3 the humanitarian crisis in the Darfur region of Sudan and 

4 in Chad: Provided further, That such amount is designated 

5 as an emergency requirement pursuant to section 402 of 

6 S. Con. Res. 95 (108th Congress), as made applicable to 

7 the House of Representatives by H. Res. 649 (108th Con8 gress). 

9 DEPARTMENT OF STATE

10 MIGRATION AND REFUGEE ASSISTANCE

11 For an additional amount for ‘‘Migration and Ref12 ugee Assistance’’, $25,000,000, to remain available until 

13 September 30, 2005: Provided, That funds appropriated 

14 by this paragraph shall be available to respond to the hu15 manitarian crisis in the Darfur region of Sudan and in 

16 Chad: Provided further, That such amount is designated 

17 as an emergency requirement pursuant to section 402 of 

18 S. Con. Res. 95 (108th Congress), as made applicable to 

19 the House of Representatives by H. Res. 649 (108th Con20 gress). 

21 GENERAL PROVISIONS, TITLE IX 

22 SEC. 9001. Appropriations provided in this title are 

23 available for obligation until September 30, 2005, unless 

24 otherwise so provided in this title: Provided, That notwith25 standing any other provision of law or of this Act, funds 
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1 in this title are available for obligation, and authorities 

2 in this title shall apply, upon enactment of this Act. 

3 SEC. 9002. Notwithstanding any other provision of 

4 law or of this Act, funds made available in this title are 

5 in addition to amounts provided elsewhere in this Act. 

6 (TRANSFER OF FUNDS)

7 SEC. 9003. (a) Upon his determination that such ac8 tion is necessary in the national interest, the Secretary 

9 of Defense may transfer between appropriations up to 

10 $2,000,000,000 of the funds made available to the De11 partment of Defense in this title: Provided, That the Sec12 retary shall notify the Congress promptly of each transfer 

13 made pursuant to the authority in this section: Provided 

14 further, That the authority provided in this section is in 

15 addition to any other transfer authority available to the 

16 Department of Defense and is subject to the same terms 

17 and conditions as the authority provided in section 8005 

18 of this Act. 

19 (b) Section 8005 of the Department of Defense Ap20 propriations Act, 2004 (Public Law 108–87; 117 Stat. 

21 1071), is amended— 

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

23 in lieu thereof ‘‘$3,000,000,000’’; and 

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

25 inserting the following: ‘‘: Provided further, That 

26 transfers among military personnel appropriations 
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1 shall not be taken into account for purposes of the 

2 limitation on the amount of funds that may be 

3 transferred under this section.’’. 

4 (c) Section 168(a) of division H of the Consolidated 

5 Appropriations Act, 2004 (Public Law 108–199; 118 Stat. 

6 456), is repealed upon enactment of this Act. 

7 (d)(1) If the enactment of this title occurs during fis8 cal year 2004, the amounts made available by the transfer 

9 of funds in or pursuant to this section are designated as 

10 emergency requirements pursuant to section 402 of S. 

11 Con. Res. 95 (108th Congress), as made applicable to the 

12 House of Representatives by H. Res. 649 (108th Con13 gress). 

14 (2) If the enactment of this title occurs during fiscal 

15 year 2005, such amounts are designated as making appro16 priations for overseas contingency operations pursuant to 

17 section 403 of such S. Con. Res. 95. 

18 SEC. 9004. Funds appropriated in this title, or made 

19 available by the transfer of funds in or pursuant to this 

20 title, for intelligence activities are deemed to be specifically 

21 authorized by the Congress for purposes of section 504 

22 of the National Security Act of 1947 (50 U.S.C. 414). 

23 SEC. 9005. None of the funds provided in this title 

24 may be used to finance programs or activities denied by 

25 Congress in fiscal year 2005 appropriations to the Depart-
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1 ment of Defense or to initiate a procurement or research, 

2 development, test and evaluation new start program with3 out prior notification to the congressional defense commit4 tees. 

5 SEC. 9006. Sections 1318 and 1319 of the Emer6 gency Wartime Supplemental Appropriations Act, 2003 

7 (Public Law 108–11; 117 Stat. 571), shall remain in ef8 fect during fiscal year 2005. 

9 SEC. 9007. From October 1, 2004, through Sep10 tember 30, 2005, (a) the rates of pay authorized by sec11 tion 310(a) of title 37, United States Code, shall be $225; 

12 and (b) the rates of pay authorized by section 427(a)(1) 

13 of title 37, United States Code, shall be $250. 

14 SEC. 9008. Notwithstanding any other provision of 

15 law, from funds made available in this title to the Depart16 ment of Defense for operation and maintenance, not to 

17 exceed $500,000,000 may be used by the Secretary of De18 fense, with the concurrence of the Secretary of State, to 

19 train, equip, and provide related assistance to military or 

20 security forces in Iraq and Afghanistan, to enhance their 

21 capability to combat terrorism and to support U.S. mili22 tary operations in Iraq and Afghanistan: Provided, That 

23 such assistance may include the provision of equipment, 

24 supplies, services, training and funding: Provided further, 

25 That the authority to provide assistance under this section 
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1 is in addition to any other authority to provide assistance 

2 to foreign nations: Provided further, That the Secretary 

3 of Defense shall notify the congressional defense commit4 tees not less than 15 days before providing assistance 

5 under the authority of this section. 

6 SEC. 9009. From funds made available in this title 

7 to the Department of Defense for operation and mainte8 nance, not to exceed $300,000,000 may be used, notwith9 standing any other provision of law, to fund the Com10 mander’s Emergency Response Program, for the purpose 

11 of enabling military commanders in Iraq to respond to ur12 gent humanitarian relief and reconstruction requirements 

13 within their areas of responsibility by carrying out pro14 grams that will immediately assist the Iraqi people, and 

15 to fund a similar program to assist the people of Afghani16 stan: Provided, That the Secretary of Defense shall pro17 vide quarterly reports to the congressional defense com18 mittees regarding the source of funds and the allocation 

19 and use of funds made available pursuant to the authority 

20 provided in this section. 

21 SEC. 9010. Section 202(b) of the Afghanistan Free22 dom Support Act of 2002 (22 U.S.C. 7532(b)) is amended 

23 by striking ‘‘$450,000,000’’ and inserting in lieu thereof 

24 ‘‘$650,000,000’’. 
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1 SEC. 9011. Funds available to the Department of De2 fense for operation and maintenance in this title may be 

3 used, notwithstanding any other provision of law, to pro4 vide supplies, services, transportation, including airlift and 

5 sealift, and other logistical support to coalition forces sup6 porting military and stability operations in Iraq and Af7 ghanistan: Provided, That the Secretary of Defense shall 

8 provide quarterly reports to the congressional defense 

9 committees regarding support provided under this section. 

10 SEC. 9012. (a) Not later than April 30 and October 

11 31 of each year, the Secretary of Defense shall submit 

12 to Congress a report on the military operations of the 

13 Armed Forces and the reconstruction activities of the De14 partment of Defense in Iraq and Afghanistan. 

15 (b) Each report shall include the following informa16 tion: 

17 (1) For each of Iraq and Afghanistan for the 

18 half-fiscal year ending during the month preceding 

19 the due date of the report, the amount expended for 

20 military operations of the Armed Forces and the 

21 amount expended for reconstruction activities, to22 gether with the cumulative total amounts expended 

23 for such operations and activities. 

24 (2) An assessment of the progress made toward 

25 preventing attacks on United States personnel. 
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1 (3) An assessment of the effects of the oper2 ations and activities in Iraq and Afghanistan on the 

3 readiness of the Armed Forces. 

4 (4) An assessment of the effects of the oper5 ations and activities in Iraq and Afghanistan on the 

6 recruitment and retention of personnel for the 

7 Armed Forces. 

8 (5) For the half-fiscal year ending during the 

9 month preceding the due date of the report, the 

10 costs incurred for repair of Department of Defense 

11 equipment used in the operations and activities in 

12 Iraq and Afghanistan. 

13 (6) The foreign countries, international organi14 zations, and nongovernmental organizations that are 

15 contributing support for the ongoing military oper16 ations and reconstruction activities, together with a 

17 discussion of the amount and types of support con18 tributed by each during the half-fiscal year ending 

19 during the month preceding the due date of the re20 port. 

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

22 which, the Selected Reserve of the Ready Reserve of 

23 the Armed Forces is being involuntarily ordered to 

24 active duty under section 12304 of title 10, United 

25 States Code. 
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1 (8) For each unit of the National Guard of the 

2 United States and the other reserve components of 

3 the Armed Forces on active duty pursuant to an 

4 order to active duty under section 12304 of title 10, 

5 United States Code, the following information: 

6 (A) The unit. 

7 (B) The projected date of return of the 

8 unit to its home station. 

9 (C) The extent (by percentage) to which 

10 the forces deployed within the United States 

11 and outside the United States in support of a 

12 contingency operation are composed of reserve 

13 component forces. 

14 SEC. 9013. Authorities contained in sections 402, 

15 407, and 605 of division B of Public Law 108–199 shall 

16 also apply to amounts provided in this title for the Depart17 ment of State. 

18 SEC. 9014. Congress, consistent with international 

19 and United States law, reaffirms that torture of prisoners 

20 of war and detainees is illegal and does not reflect the 

21 policies of the United States Government or the values of 

22 the people of the United States. 

23 SEC. 9015. The President shall provide to the Con24 gress a report detailing the estimated costs over the period 

25 from fiscal year 2006 to 2011 of Operation Iraqi Freedom 
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1 and Operation Enduring Freedom, or any related military 

2 operations in and around Iraq and Afghanistan, and the 

3 estimated costs of reconstruction, internal security, and 

4 related economic support to Iraq and Afghanistan: Pro5 vided, That the President may waive the requirement to 

6 submit this report only if the President certifies in writing 

7 to the Congress that estimates of these future military and 

8 economic support costs cannot be provided for purposes 

9 of national security: Provided further, That the report ref10 erenced above shall be submitted no later than October 

11 1, 2004. 

12 This Act may be cited as the ‘‘Department of Defense 

13 Appropriations Act, 2005’’. 

Union Calendar No. 321 

108TH CONGRESS 

2D SESSION H. R. 4613 

[Report No. 108–553] 

A BILL 

Making appropriations for the Department of De2005, and for other purposes. fense for the fiscal year ending September 30, 

JUNE 18, 2004 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed