II 

Calendar No. 594 

108TH CONGRESS 

2D SESSION H. R. 4613 

IN THE SENATE OF THE UNITED STATES 

JUNE 23 (legislative day, JUNE 22), 2004 

Received; read twice and placed on the calendar 

AN ACT 

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 
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1 money in the Treasury not otherwise appropriated, for the 

2 fiscal year ending September 30, 2005, for military func3 tions administered by the Department of Defense, and for 

4 other purposes, namely: 

5 TITLE I 

6 MILITARY PERSONNEL 

7 MILITARY PERSONNEL, ARMY

8 For pay, allowances, individual clothing, subsistence, 

9 interest on deposits, gratuities, permanent change of sta10 tion travel (including all expenses thereof for organiza11 tional movements), and expenses of temporary duty travel 

12 between permanent duty stations, for members of the 

13 Army on active duty, (except members of reserve compo14 nents provided for elsewhere), cadets, and aviation cadets; 

15 and for payments pursuant to section 156 of Public Law 

16 97–377, as amended (42 U.S.C. 402 note), and to the De17 partment of Defense Military Retirement Fund, 

18 $29,507,672,000. 

19 MILITARY PERSONNEL, NAVY

20 For pay, allowances, individual clothing, subsistence, 

21 interest on deposits, gratuities, permanent change of sta22 tion travel (including all expenses thereof for organiza23 tional movements), and expenses of temporary duty travel 

24 between permanent duty stations, for members of the 

25 Navy on active duty (except members of the Reserve pro-
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1 vided for elsewhere), midshipmen, and aviation cadets; and 

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

3 377, as amended (42 U.S.C. 402 note), and to the Depart4 ment of Defense Military Retirement Fund, 

5 $24,416,157,000. 

6 MILITARY PERSONNEL, MARINE CORPS

7 For pay, allowances, individual clothing, subsistence, 

8 interest on deposits, gratuities, permanent change of sta9 tion travel (including all expenses thereof for organiza10 tional movements), and expenses of temporary duty travel 

11 between permanent duty stations, for members of the Ma12 rine Corps on active duty (except members of the Reserve 

13 provided for elsewhere); and for payments pursuant to sec14 tion 156 of Public Law 97–377, as amended (42 U.S.C. 

15 402 note), and to the Department of Defense Military Re16 tirement Fund, $9,591,102,000. 

17 MILITARY PERSONNEL, AIR FORCE

18 For pay, allowances, individual clothing, subsistence, 

19 interest on deposits, gratuities, permanent change of sta20 tion travel (including all expenses thereof for organiza21 tional movements), and expenses of temporary duty travel 

22 between permanent duty stations, for members of the Air 

23 Force on active duty (except members of reserve compo24 nents provided for elsewhere), cadets, and aviation cadets; 

25 and for payments pursuant to section 156 of Public Law 
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1 97–377, as amended (42 U.S.C. 402 note), and to the De2 partment of Defense Military Retirement Fund, 

3 $24,291,411,000. 

4 RESERVE PERSONNEL, ARMY

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

6 travel, and related expenses for personnel of the Army Re7 serve on active duty under sections 10211, 10302, and 

8 3038 of title 10, United States Code, or while serving on 

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

10 States Code, in connection with performing duty specified 

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

12 while undergoing reserve training, or while performing 

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

14 of the Reserve Officers’ Training Corps, and expenses au15 thorized by section 16131 of title 10, United States Code; 

16 and for payments to the Department of Defense Military 

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

18 RESERVE PERSONNEL, NAVY

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

20 travel, and related expenses for personnel of the Navy Re21 serve on active duty under section 10211 of title 10, 

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

23 section 12301(d) of title 10, United States Code, in con24 nection with performing duty specified in section 12310(a) 

25 of title 10, United States Code, or while undergoing re-
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1 serve training, or while performing drills or equivalent 

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

3 Corps, and expenses authorized by section 16131 of title 

4 10, United States Code; and for payments to the Depart5 ment of Defense Military Retirement Fund, 

6 $2,108,232,000. 

7 RESERVE PERSONNEL, MARINE CORPS

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

9 travel, and related expenses for personnel of the Marine 

10 Corps Reserve on active duty under section 10211 of title 

11 10, United States Code, or while serving on active duty 

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

13 in connection with performing duty specified in section 

14 12310(a) of title 10, United States Code, or while under15 going reserve training, or while performing drills or equiv16 alent duty, and for members of the Marine Corps platoon 

17 leaders class, and expenses authorized by section 16131 

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

19 Department of Defense Military Retirement Fund, 

20 $653,073,000. 

21 RESERVE PERSONNEL, AIR FORCE

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

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

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

25 8038 of title 10, United States Code, or while serving on 
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1 active duty under section 12301(d) of title 10, United 

2 States Code, in connection with performing duty specified 

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

4 while undergoing reserve training, or while performing 

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

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

7 authorized by section 16131 of title 10, United States 

8 Code; and for payments to the Department of Defense 

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

10 NATIONAL GUARD PERSONNEL, ARMY

11 For pay, allowances, clothing, subsistence, gratuities, 

12 travel, and related expenses for personnel of the Army Na13 tional Guard while on duty under section 10211, 10302, 

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

15 States Code, or while serving on duty under section 

16 12301(d) of title 10 or section 502(f) of title 32, United 

17 States Code, in connection with performing duty specified 

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

19 while undergoing training, or while performing drills or 

20 equivalent duty or other duty, and expenses authorized by 

21 section 16131 of title 10, United States Code; and for pay22 ments to the Department of Defense Military Retirement 

23 Fund, $5,915,229,000. 
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1 NATIONAL GUARD PERSONNEL, AIR FORCE

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

3 travel, and related expenses for personnel of the Air Na4 tional Guard on duty under section 10211, 10305, or 

5 12402 of title 10 or section 708 of title 32, United States 

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

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

8 in connection with performing duty specified in section 

9 12310(a) of title 10, United States Code, or while under10 going training, or while performing drills or equivalent 

11 duty or other duty, and expenses authorized by section 

12 16131 of title 10, United States Code; and for payments 

13 to the Department of Defense Military Retirement Fund, 

14 $2,536,742,000. 

15 TITLE II 

16 OPERATION AND MAINTENANCE 

17 OPERATION AND MAINTENANCE, ARMY

18 (INCLUDING TRANSFER OF FUNDS)

19 For expenses, not otherwise provided for, necessary 

20 for the operation and maintenance of the Army, as author21 ized by law; and not to exceed $11,144,000 can be used 

22 for emergencies and extraordinary expenses, to be ex23 pended on the approval or authority of the Secretary of 

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

25 of necessity for confidential military purposes, 
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1 $25,820,311,000: Provided, That of the funds appro2 priated in this paragraph, not less than $355,000,000 

3 shall be made available only for conventional ammunition 

4 care and maintenance: Provided further, That of funds 

5 made available under this heading, $2,500,000 shall be 

6 available for Fort Baker, in accordance with the terms and 

7 conditions as provided under the heading ‘‘Operation and 

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

9 OPERATION AND MAINTENANCE, NAVY

10 For expenses, not otherwise provided for, necessary 

11 for the operation and maintenance of the Navy and the 

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

13 $4,525,000 can be used for emergencies and extraordinary 

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

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

16 on his certificate of necessity for confidential military pur17 poses, $29,570,090,000. 

18 OPERATION AND MAINTENANCE, MARINE CORPS

19 For expenses, not otherwise provided for, necessary 

20 for the operation and maintenance of the Marine Corps, 

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

22 OPERATION AND MAINTENANCE, AIR FORCE

23 For expenses, not otherwise provided for, necessary 

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

25 authorized by law; and not to exceed $7,699,000 can be 
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1 used for emergencies and extraordinary expenses, to be ex2 pended on the approval or authority of the Secretary of 

3 the Air Force, and payments may be made on his certifi4 cate of necessity for confidential military purposes, 

5 $27,994,110,000: Provided, That notwithstanding any 

6 other provision of law, that of the funds available under 

7 this heading, $750,000 shall only be available to the Sec8 retary of the Air Force for a grant to Florida Memorial 

9 College for the purpose of funding minority aviation train10 ing. 

11 OPERATION AND MAINTENANCE, DEFENSE-WIDE

12 (INCLUDING TRANSFER OF FUNDS)

13 For expenses, not otherwise provided for, necessary 

14 for the operation and maintenance of activities and agen15 cies of the Department of Defense (other than the military 

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

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

18 Combatant Commander Initiative Fund; and of which not 

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

20 extraordinary expenses, to be expended on the approval 

21 or authority of the Secretary of Defense, and payments 

22 may be made on his certificate of necessity for confidential 

23 military purposes: Provided, That notwithstanding any 

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

25 for Civil Military programs under this heading, $500,000 
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1 shall be available for a grant for Outdoor Odyssey, Roar2 ing Run, Pennsylvania, to support the Youth Development 

3 and Leadership program and Department of Defense 

4 STARBASE program: Provided further, That of the funds 

5 made available under this heading, $3,000,000 shall be 

6 available only for a Washington-based internship and im7 mersion program to allow U.S. Asian-American Pacific Is8 lander undergraduate college and university students from 

9 economically disadvantaged backgrounds to participate in 

10 academic and educational programs in the Department of 

11 Defense and related Federal defense agencies: Provided 

12 further, That none of the funds appropriated or otherwise 

13 made available by this Act may be used to plan or imple14 ment the consolidation of a budget or appropriations liai15 son office of the Office of the Secretary of Defense, the 

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

17 service headquarters of one of the Armed Forces into a 

18 legislative affairs or legislative liaison office: Provided fur19 ther, That $4,000,000, to remain available until expended, 

20 is available only for expenses relating to certain classified 

21 activities, and may be transferred as necessary by the Sec22 retary to operation and maintenance appropriations or re23 search, development, test and evaluation appropriations, 

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

25 period as the appropriations to which transferred: Pro-
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1 vided further, That any ceiling on the investment item unit 

2 cost of items that may be purchased with operation and 

3 maintenance funds shall not apply to the funds described 

4 in the preceding proviso: Provided further, That the trans5 fer authority provided under this heading is in addition 

6 to any other transfer authority provided elsewhere in this 

7 Act. 

8 OPERATION AND MAINTENANCE, ARMY RESERVE

9 For expenses, not otherwise provided for, necessary 

10 for the operation and maintenance, including training, or11 ganization, and administration, of the Army Reserve; re12 pair of facilities and equipment; hire of passenger motor 

13 vehicles; travel and transportation; care of the dead; re14 cruiting; procurement of services, supplies, and equip15 ment; and communications, $1,976,128,000. 

16 OPERATION AND MAINTENANCE, NAVY RESERVE

17 For expenses, not otherwise provided for, necessary 

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

21 vehicles; travel and transportation; care of the dead; re22 cruiting; procurement of services, supplies, and equip23 ment; and communications, $1,233,038,000. 
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1 OPERATION AND MAINTENANCE, MARINE CORPS

2 RESERVE

3 For expenses, not otherwise provided for, necessary 

4 for the operation and maintenance, including training, or5 ganization, and administration, of the Marine Corps Re6 serve; repair of facilities and equipment; hire of passenger 

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

8 recruiting; procurement of services, supplies, and equip9 ment; and communications, $187,196,000. 

10 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

11 For expenses, not otherwise provided for, necessary 

12 for the operation and maintenance, including training, or13 ganization, and administration, of the Air Force Reserve; 

14 repair of facilities and equipment; hire of passenger motor 

15 vehicles; travel and transportation; care of the dead; re16 cruiting; procurement of services, supplies, and equip17 ment; and communications, $2,227,190,000. 

18 OPERATION AND MAINTENANCE, ARMY NATIONAL

19 GUARD

20 For expenses of training, organizing, and admin21 istering the Army National Guard, including medical and 

22 hospital treatment and related expenses in non-Federal 

23 hospitals; maintenance, operation, and repairs to struc24 tures and facilities; hire of passenger motor vehicles; per25 sonnel services in the National Guard Bureau; travel ex-
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1 penses (other than mileage), as authorized by law for 

2 Army personnel on active duty, for Army National Guard 

3 division, regimental, and battalion commanders while in4 specting units in compliance with National Guard Bureau 

5 regulations when specifically authorized by the Chief, Na6 tional Guard Bureau; supplying and equipping the Army 

7 National Guard as authorized by law; and expenses of re8 pair, modification, maintenance, and issue of supplies and 

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

10 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

11 For expenses of training, organizing, and admin12 istering the Air National Guard, including medical and 

13 hospital treatment and related expenses in non-Federal 

14 hospitals; maintenance, operation, and repairs to struc15 tures and facilities; transportation of things, hire of pas16 senger motor vehicles; supplying and equipping the Air 

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

18 modification, maintenance, and issue of supplies and 

19 equipment, including those furnished from stocks under 

20 the control of agencies of the Department of Defense; 

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

22 authorized by law for Air National Guard personnel on 

23 active Federal duty, for Air National Guard commanders 

24 while inspecting units in compliance with National Guard 
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1 Bureau regulations when specifically authorized by the 

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

3 OVERSEAS CONTINGENCY OPERATIONS TRANSFER

4 ACCOUNT

5 (INCLUDING TRANSFER OF FUNDS)

6 For expenses directly relating to Overseas Contin7 gency Operations by United States military forces, 

8 $5,000,000, to remain available until expended: Provided, 

9 That the Secretary of Defense may transfer these funds 

10 only to military personnel accounts; operation and mainte11 nance accounts within this title; the Defense Health Pro12 gram appropriation; procurement accounts; research, de13 velopment, test and evaluation accounts; and to working 

14 capital funds: Provided further, That the funds transferred 

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

16 purposes and for the same time period, as the appropria17 tion to which transferred: Provided further, That upon a 

18 determination that all or part of the funds transferred 

19 from this appropriation are not necessary for the purposes 

20 provided herein, such amounts may be transferred back 

21 to this appropriation: Provided further, That the transfer 

22 authority provided in this paragraph is in addition to any 

23 other transfer authority contained elsewhere in this Act. 
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1 UNITED STATES COURT OF APPEALS FOR THE ARMED

2 FORCES

3 For salaries and expenses necessary for the United 

4 States Court of Appeals for the Armed Forces, 

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

6 for official representation purposes. 

7 ENVIRONMENTAL RESTORATION, ARMY

8 (INCLUDING TRANSFER OF FUNDS)

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

10 remain available until transferred: Provided, That the Sec11 retary of the Army shall, upon determining that such 

12 funds are required for environmental restoration, reduc13 tion and recycling of hazardous waste, removal of unsafe 

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

15 for similar purposes, transfer the funds made available by 

16 this appropriation to other appropriations made available 

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

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

19 time period as the appropriations to which transferred: 

20 Provided further, That upon a determination that all or 

21 part of the funds transferred from this appropriation are 

22 not necessary for the purposes provided herein, such 

23 amounts may be transferred back to this appropriation. 
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1 ENVIRONMENTAL RESTORATION, NAVY

2 (INCLUDING TRANSFER OF FUNDS)

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

4 remain available until transferred: Provided, That the Sec5 retary of the Navy shall, upon determining that such 

6 funds are required for environmental restoration, reduc7 tion and recycling of hazardous waste, removal of unsafe 

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

9 for similar purposes, transfer the funds made available by 

10 this appropriation to other appropriations made available 

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

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

13 time period as the appropriations to which transferred: 

14 Provided further, That upon a determination that all or 

15 part of the funds transferred from this appropriation are 

16 not necessary for the purposes provided herein, such 

17 amounts may be transferred back to this appropriation. 

18 ENVIRONMENTAL RESTORATION, AIR FORCE

19 (INCLUDING TRANSFER OF FUNDS)

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

21 to remain available until transferred: Provided, That the 

22 Secretary of the Air Force shall, upon determining that 

23 such funds are required for environmental restoration, re24 duction and recycling of hazardous waste, removal of un25 safe buildings and debris of the Department of the Air 
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1 Force, or for similar purposes, transfer the funds made 

2 available by this appropriation to other appropriations 

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

4 merged with and to be available for the same purposes 

5 and for the same time period as the appropriations to 

6 which transferred: Provided further, That upon a deter7 mination that all or part of the funds transferred from 

8 this appropriation are not necessary for the purposes pro9 vided herein, such amounts may be transferred back to 

10 this appropriation. 

11 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

12 (INCLUDING TRANSFER OF FUNDS)

13 For the Department of Defense, $26,684,000, to re14 main available until transferred: Provided, That the Sec15 retary of Defense shall, upon determining that such funds 

16 are required for environmental restoration, reduction and 

17 recycling of hazardous waste, removal of unsafe buildings 

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

19 purposes, transfer the funds made available by this appro20 priation to other appropriations made available to the De21 partment of Defense, to be merged with and to be avail22 able for the same purposes and for the same time period 

23 as the appropriations to which transferred: Provided fur24 ther, That upon a determination that all or part of the 

25 funds transferred from this appropriation are not nec-
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1 essary for the purposes provided herein, such amounts 

2 may be transferred back to this appropriation. 

3 ENVIRONMENTAL RESTORATION, FORMERLY USED

4 DEFENSE SITES

5 (INCLUDING TRANSFER OF FUNDS)

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

7 remain available until transferred: Provided, That the Sec8 retary of the Army shall, upon determining that such 

9 funds are required for environmental restoration, reduc10 tion and recycling of hazardous waste, removal of unsafe 

11 buildings and debris at sites formerly used by the Depart12 ment of Defense, transfer the funds made available by this 

13 appropriation to other appropriations made available to 

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

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

16 period as the appropriations to which transferred: Pro17 vided further, That upon a determination that all or part 

18 of the funds transferred from this appropriation are not 

19 necessary for the purposes provided herein, such amounts 

20 may be transferred back to this appropriation. 

21 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

22 For expenses relating to the Overseas Humanitarian, 

23 Disaster, and Civic Aid programs of the Department of 

24 Defense (consisting of the programs provided under sec25 tions 401, 402, 404, 2557, and 2561 of title 10, United 
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1 States Code), $59,000,000, to remain available until Sep2 tember 30, 2006. 

3 FORMER SOVIET UNION THREAT REDUCTION ACCOUNT

4 For assistance to the republics of the former Soviet 

5 Union, including assistance provided by contract or by 

6 grants, for facilitating the elimination and the safe and 

7 secure transportation and storage of nuclear, chemical and 

8 other weapons; for establishing programs to prevent the 

9 proliferation of weapons, weapons components, and weap10 on-related technology and expertise; for programs relating 

11 to the training and support of defense and military per12 sonnel for demilitarization and protection of weapons, 

13 weapons components and weapons technology and exper14 tise, and for defense and military contacts, $409,200,000, 

15 to remain available until September 30, 2007. 

16 TITLE III 

17 PROCUREMENT 

18 AIRCRAFT PROCUREMENT, ARMY

19 For construction, procurement, production, modifica20 tion, and modernization of aircraft, equipment, including 

21 ordnance, ground handling equipment, spare parts, and 

22 accessories therefor; specialized equipment and training 

23 devices; expansion of public and private plants, including 

24 the land necessary therefor, for the foregoing purposes, 

25 and such lands and interests therein, may be acquired, 
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1 and construction prosecuted thereon prior to approval of 

2 title; and procurement and installation of equipment, ap3 pliances, and machine tools in public and private plants; 

4 reserve plant and Government and contractor-owned 

5 equipment layaway; and other expenses necessary for the 

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

7 for obligation until September 30, 2007, of which 

8 $320,600,000 shall be for the Army National Guard and 

9 Army Reserve. 

10 MISSILE PROCUREMENT, ARMY

11 For construction, procurement, production, modifica12 tion, and modernization of missiles, equipment, including 

13 ordnance, ground handling equipment, spare parts, and 

14 accessories therefor; specialized equipment and training 

15 devices; expansion of public and private plants, including 

16 the land necessary therefor, for the foregoing purposes, 

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

18 and construction prosecuted thereon prior to approval of 

19 title; and procurement and installation of equipment, ap20 pliances, and machine tools in public and private plants; 

21 reserve plant and Government and contractor-owned 

22 equipment layaway; and other expenses necessary for the 

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

24 for obligation until September 30, 2007, of which 
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1 $29,400,000 shall be for the Army National Guard and 

2 Army Reserve. 

3 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

4 VEHICLES, ARMY

5 For construction, procurement, production, and 

6 modification of weapons and tracked combat vehicles, 

7 equipment, including ordnance, spare parts, and acces8 sories therefor; specialized equipment and training devices; 

9 expansion of public and private plants, including the land 

10 necessary therefor, for the foregoing purposes, and such 

11 lands and interests therein, may be acquired, and con12 struction prosecuted thereon prior to approval of title; and 

13 procurement and installation of equipment, appliances, 

14 and machine tools in public and private plants; reserve 

15 plant and Government and contractor-owned equipment 

16 layaway; and other expenses necessary for the foregoing 

17 purposes, $2,773,695,000, to remain available for obliga18 tion until September 30, 2007, of which $13,700,000 shall 

19 be for the Army National Guard and Army Reserve. 

20 PROCUREMENT OF AMMUNITION, ARMY

21 For construction, procurement, production, and 

22 modification of ammunition, and accessories therefor; spe23 cialized equipment and training devices; expansion of pub24 lic and private plants, including ammunition facilities au25 thorized by section 2854 of title 10, United States Code, 
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1 and the land necessary therefor, for the foregoing pur2 poses, and such lands and interests therein, may be ac3 quired, and construction prosecuted thereon prior to ap4 proval of title; and procurement and installation of equip5 ment, appliances, and machine tools in public and private 

6 plants; reserve plant and Government and contractor7 owned equipment layaway; and other expenses necessary 

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

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

10 $215,900,000 shall be for the Army National Guard and 

11 Army Reserve. 

12 OTHER PROCUREMENT, ARMY

13 For construction, procurement, production, and 

14 modification of vehicles, including tactical, support, and 

15 non-tracked combat vehicles; the purchase of passenger 

16 motor vehicles for replacement only; communications and 

17 electronic equipment; other support equipment; spare 

18 parts, ordnance, and accessories therefor; specialized 

19 equipment and training devices; expansion of public and 

20 private plants, including the land necessary therefor, for 

21 the foregoing purposes, and such lands and interests 

22 therein, may be acquired, and construction prosecuted 

23 thereon prior to approval of title; and procurement and 

24 installation of equipment, appliances, and machine tools 

25 in public and private plants; reserve plant and Govern-
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1 ment and contractor-owned equipment layaway; and other 

2 expenses necessary for the foregoing purposes, 

3 $4,868,371,000, to remain available for obligation until 

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

5 the Army National Guard and Army Reserve. 

6 AIRCRAFT PROCUREMENT, NAVY

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

9 ordnance, spare parts, and accessories therefor; specialized 

10 equipment; expansion of public and private plants, includ11 ing the land necessary therefor, and such lands and inter12 ests therein, may be acquired, and construction prosecuted 

13 thereon prior to approval of title; and procurement and 

14 installation of equipment, appliances, and machine tools 

15 in public and private plants; reserve plant and Govern16 ment and contractor-owned equipment layaway, 

17 $8,841,824,000, to remain available for obligation until 

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

19 the Navy Reserve and Marine Corps Reserve. 

20 WEAPONS PROCUREMENT, NAVY

21 For construction, procurement, production, modifica22 tion, and modernization of missiles, torpedoes, other weap23 ons, and related support equipment including spare parts, 

24 and accessories therefor; expansion of public and private 

25 plants, including the land necessary therefor, and such 
24 

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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, $1,993,754,000, to remain available for obliga7 tion until September 30, 2007. 

8 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

9 CORPS

10 For construction, procurement, production, and 

11 modification of ammunition, and accessories therefor; spe12 cialized equipment and training devices; expansion of pub13 lic and private plants, including ammunition facilities au14 thorized by section 2854 of title 10, United States Code, 

15 and the land necessary therefor, for the foregoing pur16 poses, and such lands and interests therein, may be ac17 quired, and construction prosecuted thereon prior to ap18 proval of title; and procurement and installation of equip19 ment, appliances, and machine tools in public and private 

20 plants; reserve plant and Government and contractor21 owned equipment layaway; and other expenses necessary 

22 for the foregoing purposes, $885,340,000, to remain avail23 able for obligation until September 30, 2007, of which 

24 $27,130,000 shall be for the Navy Reserve and Marine 

25 Corps Reserve. 
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1 SHIPBUILDING AND CONVERSION, NAVY

2 For expenses necessary for the construction, acquisi3 tion, or conversion of vessels as authorized by law, includ4 ing armor and armament thereof, plant equipment, appli5 ances, and machine tools and installation thereof in public 

6 and private plants; reserve plant and Government and con7 tractor-owned equipment layaway; procurement of critical, 

8 long leadtime components and designs for vessels to be 

9 constructed or converted in the future; and expansion of 

10 public and private plants, including land necessary there11 for, and such lands and interests therein, may be acquired, 

12 and construction prosecuted thereon prior to approval of 

13 title, as follows: 

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

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

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

17 SSGN, $469,226,000; 

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

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

20 SSN Submarine Refueling Overhauls (AP), 

21 $19,368,000; 

22 SSBN Submarine Refueling Overhauls, 

23 $262,229,000; 

24 SSBN Submarine Refueling Overhauls (AP), 

25 $63,971,000; 
26 

HR 4613 PCS 

1 DDG–51 Destroyer, $3,444,950,000; 

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

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

4 LHD–8, $236,018,000; 

5 LPD–17, $966,559,000; 

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

7 Service Craft, $38,599,000; 

8 LCAC Landing Craft Air Cushion SLEP, 

9 $90,490,000; 

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

11 For outfitting, post delivery, conversions, and first 

12 destination transportation, $403,327,000. 

13 In all: $10,189,327,000, to remain available for obli14 gation until September 30, 2009: Provided, That addi15 tional obligations may be incurred after September 30, 

16 2009, for engineering services, tests, evaluations, and 

17 other such budgeted work that must be performed in the 

18 final stage of ship construction: Provided further, That 

19 none of the funds provided under this heading for the con20 struction or conversion of any naval vessel to be con21 structed in shipyards in the United States shall be ex22 pended in foreign facilities for the construction of major 

23 components of such vessel: Provided further, That none 

24 of the funds provided under this heading shall be used 
27 

HR 4613 PCS 

1 for the construction of any naval vessel in foreign ship2 yards. 

3 OTHER PROCUREMENT, NAVY

4 For procurement, production, and modernization of 

5 support equipment and materials not otherwise provided 

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

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

8 of passenger motor vehicles for replacement only; expan9 sion of public and private plants, including the land nec10 essary therefor, and such lands and interests therein, may 

11 be acquired, and construction prosecuted thereon prior to 

12 approval of title; and procurement and installation of 

13 equipment, appliances, and machine tools in public and 

14 private plants; reserve plant and Government and con15 tractor-owned equipment layaway, $4,980,325,000, to re16 main available for obligation until September 30, 2007, 

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

18 Marine Corps Reserve: Provided, That funds available in 

19 this appropriation may be used for TRIDENT modifica20 tions associated with force protection and security require21 ments. 

22 PROCUREMENT, MARINE CORPS

23 For expenses necessary for the procurement, manu24 facture, and modification of missiles, armament, military 

25 equipment, spare parts, and accessories therefor; plant 
28 

HR 4613 PCS 

1 equipment, appliances, and machine tools, and installation 

2 thereof in public and private plants; reserve plant and 

3 Government and contractor-owned equipment layaway; ve4 hicles for the Marine Corps, including the purchase of pas5 senger motor vehicles for replacement only; and expansion 

6 of public and private plants, including land necessary 

7 therefor, and such lands and interests therein, may be ac8 quired, and construction prosecuted thereon prior to ap9 proval of title, $1,462,703,000, to remain available for ob10 ligation until September 30, 2007, of which $55,608,000 

11 shall be available for the Marine Corps Reserve. 

12 AIRCRAFT PROCUREMENT, AIR FORCE

13 For construction, procurement, and modification of 

14 aircraft and equipment, including armor and armament, 

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

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

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

20 the foregoing purposes, and such lands and interests 

21 therein, may be acquired, and construction prosecuted 

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

24 other expenses necessary for the foregoing purposes in25 cluding rents and transportation of things, 
29 

HR 4613 PCS 

1 $13,289,984,000, to remain available for obligation until 

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

3 available for the Air National Guard and Air Force Re4 serve: Provided, That amounts provided under this head5 ing shall be used for the procurement of 15 C–17 aircraft: 

6 Provided further, That amounts provided under this head7 ing shall be used for the advance procurement of not less 

8 than 15 C–17 aircraft: Provided further, That the Sec9 retary of the Air Force shall fully fund the procurement 

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

11 MISSILE PROCUREMENT, AIR FORCE

12 For construction, procurement, and modification of 

13 missiles, spacecraft, rockets, and related equipment, in14 cluding spare parts and accessories therefor, ground han15 dling equipment, and training devices; expansion of public 

16 and private plants, Government-owned equipment and in17 stallation thereof in such plants, erection of structures, 

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

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

20 construction prosecuted thereon prior to approval of title; 

21 reserve plant and Government and contractor-owned 

22 equipment layaway; and other expenses necessary for the 

23 foregoing purposes including rents and transportation of 

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

25 until September 30, 2007. 
30 

HR 4613 PCS 

1 PROCUREMENT OF AMMUNITION, AIR FORCE

2 For construction, procurement, production, and 

3 modification of ammunition, and accessories therefor; spe4 cialized equipment and training devices; expansion of pub5 lic and private plants, including ammunition facilities au6 thorized by section 2854 of title 10, United States Code, 

7 and the land necessary therefor, for the foregoing pur8 poses, and such lands and interests therein, may be ac9 quired, and construction prosecuted thereon prior to ap10 proval of title; and procurement and installation of equip11 ment, appliances, and machine tools in public and private 

12 plants; reserve plant and Government and contractor13 owned equipment layaway; and other expenses necessary 

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

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

16 $150,500,000 shall be for the Air National Guard and Air 

17 Force Reserve. 

18 OTHER PROCUREMENT, AIR FORCE

19 For procurement and modification of equipment (in20 cluding ground guidance and electronic control equipment, 

21 and ground electronic and communication equipment), 

22 and supplies, materials, and spare parts therefor, not oth23 erwise provided for; the purchase of passenger motor vehi24 cles for replacement only; lease of passenger motor vehi25 cles; and expansion of public and private plants, Govern-
31 

HR 4613 PCS 

1 ment-owned equipment and installation thereof in such 

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

3 the foregoing purposes, and such lands and interests 

4 therein, may be acquired, and construction prosecuted 

5 thereon, prior to approval of title; reserve plant and Gov6 ernment and contractor-owned equipment layaway, 

7 $13,199,607,000, to remain available for obligation until 

8 September 30, 2007, of which $198,300,000 shall be for 

9 the Air National Guard and Air Force Reserve. 

10 PROCUREMENT, DEFENSE-WIDE

11 For expenses of activities and agencies of the Depart12 ment of Defense (other than the military departments) 

13 necessary for procurement, production, and modification 

14 of equipment, supplies, materials, and spare parts there15 for, not otherwise provided for; the purchase of passenger 

16 motor vehicles for replacement only; expansion of public 

17 and private plants, equipment, and installation thereof in 

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

19 for the foregoing purposes, and such lands and interests 

20 therein, may be acquired, and construction prosecuted 

21 thereon prior to approval of title; reserve plant and Gov22 ernment and contractor-owned equipment layaway, 

23 $3,028,033,000, to remain available for obligation until 

24 September 30, 2007. 
32 

HR 4613 PCS 

1 DEFENSE PRODUCTION ACT PURCHASES

2 For activities by the Department of Defense pursuant 

3 to sections 108, 301, 302, and 303 of the Defense Produc4 tion Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 

5 2093), $27,015,000, to remain available until expended. 

6 TITLE IV 

7 RESEARCH, DEVELOPMENT, TEST AND 

8 EVALUATION 

9 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

10 ARMY

11 For expenses necessary for basic and applied sci12 entific research, development, test and evaluation, includ13 ing maintenance, rehabilitation, lease, and operation of fa14 cilities and equipment, $10,220,123,000, to remain avail15 able for obligation until September 30, 2006: Provided, 

16 That of the amounts provided under this heading, 

17 $10,000,000 for Molecular Genetics and Musculoskeletal 

18 Research in program element 0602787A shall remain 

19 available until expended. 

20 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

21 NAVY

22 For expenses necessary for basic and applied sci23 entific research, development, test and evaluation, includ24 ing maintenance, rehabilitation, lease, and operation of fa25 cilities and equipment, $16,532,361,000, to remain avail-
33 

HR 4613 PCS 

1 able for obligation until September 30, 2006: Provided, 

2 That funds appropriated in this paragraph which are 

3 available for the V–22 may be used to meet unique oper4 ational requirements of the Special Operations Forces: 

5 Provided further, That funds appropriated in this para6 graph shall be available for the Cobra Judy program. 

7 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

8 AIR FORCE

9 For expenses necessary for basic and applied sci10 entific research, development, test and evaluation, includ11 ing maintenance, rehabilitation, lease, and operation of fa12 cilities and equipment, $21,033,622,000, to remain avail13 able for obligation until September 30, 2006. 

14 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

15 DEFENSE-WIDE

16 For expenses of activities and agencies of the Depart17 ment of Defense (other than the military departments), 

18 necessary for basic and applied scientific research, devel19 opment, test and evaluation; advanced research projects 

20 as may be designated and determined by the Secretary 

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

22 lease, and operation of facilities and equipment, 

23 $20,851,271,000, to remain available for obligation until 

24 September 30, 2006. 
34 

HR 4613 PCS 

1 OPERATIONAL TEST AND EVALUATION, DEFENSE

2 For expenses, not otherwise provided for, necessary 

3 for the independent activities of the Director, Operational 

4 Test and Evaluation, in the direction and supervision of 

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

7 and in support of, production decisions; joint operational 

8 testing and evaluation; and administrative expenses in 

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

10 for obligation until September 30, 2006. 

11 TITLE V 

12 REVOLVING AND MANAGEMENT FUNDS 

13 DEFENSE WORKING CAPITAL FUNDS

14 For the Defense Working Capital Funds, 

15 $1,174,210,000. 

16 NATIONAL DEFENSE SEALIFT FUND

17 For National Defense Sealift Fund programs, 

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

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

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

21 and for the necessary expenses to maintain and preserve 

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

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

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

25 provided in this paragraph shall be used to award a new 
35 

HR 4613 PCS 

1 contract that provides for the acquisition of any of the 

2 following major components unless such components are 

3 manufactured in the United States: auxiliary equipment, 

4 including pumps, for all shipboard services; propulsion 

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

6 propellers); shipboard cranes; and spreaders for shipboard 

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

8 in a contract awarded through the obligation of previously 

9 appropriated funds shall not be considered to be the award 

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

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

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

15 and the Senate that adequate domestic supplies are not 

16 available to meet Department of Defense requirements on 

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

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

20 TITLE VI 

21 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

22 DEFENSE HEALTH PROGRAM

23 For expenses, not otherwise provided for, for medical 

24 and health care programs of the Department of Defense, 

25 as authorized by law, $17,959,186,000, of which 
36 

HR 4613 PCS 

1 $17,148,069,000 shall be for Operation and maintenance, 

2 of which not to exceed 2 percent shall remain available 

3 until September 30, 2006; of which $364,635,000, to re4 main available for obligation until September 30, 2007, 

5 shall be for Procurement; and of which $446,482,000, to 

6 remain available for obligation until September 30, 2006, 

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

8 Provided, That notwithstanding any other provision of 

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

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

11 available until expended, and shall be available only for 

12 deposit into the Army Fisher House Non-Appropriated 

13 Fund Instrumentality and shall be used in support and 

14 upkeep of existing Fisher Houses managed by the Army: 

15 Provided further, That notwithstanding any other provi16 sion of law, of the amount made available under this head17 ing for Research, development, test and evaluation, not 

18 less than $10,000,000 shall be available for HIV preven19 tion educational activities undertaken in connection with 

20 U.S. military training, exercises, and humanitarian assist21 ance activities conducted primarily in African nations: 

22 Provided further, That Title VI of the Department of De23 fense Appropriations Act, 2004, in the appropriation for 

24 the Defense Health Program, is amended by adding before 

25 the period a comma and the following: ‘‘and of which not 
37 

HR 4613 PCS 

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

2 educational activities undertaken in connection with U.S. 

3 military training, exercises, and humanitarian assistance 

4 activities conducted primarily in African nations’’. 

5 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

6 ARMY

7 For expenses, not otherwise provided for, necessary 

8 for the destruction of the United States stockpile of lethal 

9 chemical agents and munitions in accordance with the pro10 visions of section 1412 of the Department of Defense Au11 thorization Act, 1986 (50 U.S.C. 1521), and for the de12 struction of other chemical warfare materials that are not 

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

14 which $1,138,801,000 shall be for Operation and mainte15 nance to remain available until September 30, 2006; 

16 $78,980,000 shall be for Procurement to remain available 

17 until September 30, 2007; $154,209,000 shall be for Re18 search, development, test and evaluation to remain avail19 able until September 30, 2006; and no less than 

20 $137,404,000 may be for the Chemical Stockpile Emer21 gency Preparedness Program, of which $44,631,000 shall 

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

23 shall be to assist State and local governments. 
38 

HR 4613 PCS 

1 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

2 DEFENSE

3 (INCLUDING TRANSFER OF FUNDS)

4 For drug interdiction and counter-drug activities of 

5 the Department of Defense, for transfer to appropriations 

6 available to the Department of Defense for military per7 sonnel of the reserve components serving under the provi8 sions of title 10 and title 32, United States Code; for Op9 eration and maintenance; for Procurement; and for Re10 search, development, test and evaluation, $876,697,000: 

11 Provided, That the funds appropriated under this heading 

12 shall be available for obligation for the same time period 

13 and for the same purpose as the appropriation to which 

14 transferred: Provided further, That upon a determination 

15 that all or part of the funds transferred from this appro16 priation are not necessary for the purposes provided here17 in, such amounts may be transferred back to this appro18 priation: Provided further, That the transfer authority pro19 vided under this heading is in addition to any other trans20 fer authority contained elsewhere in this Act. 

21 OFFICE OF THE INSPECTOR GENERAL

22 For expenses and activities of the Office of the In23 spector General in carrying out the provisions of the In24 spector General Act of 1978, as amended, $193,562,000, 

25 of which $191,362,000 shall be for Operation and mainte-
39 

HR 4613 PCS 

1 nance, of which not to exceed $700,000 is available for 

2 emergencies and extraordinary expenses to be expended on 

3 the approval or authority of the Inspector General, and 

4 payments may be made on the Inspector General’s certifi5 cate of necessity for confidential military purposes; and 

6 of which $2,100,000, to remain available until September 

7 30, 2007, shall be for Procurement; and of which 

8 $100,000, to remain available until September 30, 2006, 

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

10 TITLE VII 

11 RELATED AGENCIES 

12 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

13 DISABILITY SYSTEM FUND

14 For payment to the Central Intelligence Agency Re15 tirement and Disability System Fund, to maintain the 

16 proper funding level for continuing the operation of the 

17 Central Intelligence Agency Retirement and Disability 

18 System, $239,400,000. 

19 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

20 (INCLUDING TRANSFER OF FUNDS) 

21 For necessary expenses of the Intelligence Commu22 nity Management Account, $309,644,000, of which 

23 $26,953,000 for the Advanced Research and Development 

24 Committee shall remain available until September 30, 

25 2006: Provided, That of the funds appropriated under this 
40 

HR 4613 PCS 

1 heading, $46,100,000 shall be transferred to the Depart2 ment of Justice for the National Drug Intelligence Center 

3 to support the Department of Defense’s counter-drug in4 telligence responsibilities, and of the said amount, 

5 $1,500,000 for Procurement shall remain available until 

6 September 30, 2007 and $1,000,000 for Research, devel7 opment, test and evaluation shall remain available until 

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

9 Drug Intelligence Center shall maintain the personnel and 

10 technical resources to provide timely support to law en11 forcement authorities and the intelligence community by 

12 conducting document and computer exploitation of mate13 rials collected in Federal, State, and local law enforcement 

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

15 and national security investigations and operations. 

16 NATIONAL SECURITY EDUCATION TRUST FUND

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

18 183, $8,000,000, to be derived from the National Security 

19 Education Trust Fund, to remain available until ex20 pended. 

21 TITLE VIII 

22 GENERAL PROVISIONS 

23 SEC. 8001. No part of any appropriation contained 

24 in this Act shall be used for publicity or propaganda pur25 poses not authorized by the Congress. 
41 

HR 4613 PCS 

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

2 of law prohibiting the payment of compensation to, or em3 ployment of, any person not a citizen of the United States 

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

5 Provided, That salary increases granted to direct and indi6 rect hire foreign national employees of the Department of 

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

8 of the percentage increase authorized by law for civilian 

9 employees of the Department of Defense whose pay is 

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

11 United States Code, or at a rate in excess of the percent12 age increase provided by the appropriate host nation to 

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

14 That this section shall not apply to Department of De15 fense foreign service national employees serving at United 

16 States diplomatic missions whose pay is set by the Depart17 ment of State under the Foreign Service Act of 1980: Pro18 vided further, That the limitations of this provision shall 

19 not apply to foreign national employees of the Department 

20 of Defense in the Republic of Turkey. 

21 SEC. 8003. No part of any appropriation contained 

22 in this Act shall remain available for obligation beyond 

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

24 SEC. 8004. No more than 20 percent of the appro25 priations in this Act which are limited for obligation dur-
42 

HR 4613 PCS 

1 ing the current fiscal year shall be obligated during the 

2 last 2 months of the fiscal year: Provided, That this sec3 tion shall not apply to obligations for support of active 

4 duty training of reserve components or summer camp 

5 training of the Reserve Officers’ Training Corps. 

6 (TRANSFER OF FUNDS) 

7 SEC. 8005. Upon determination by the Secretary of 

8 Defense that such action is necessary in the national inter9 est, he may, with the approval of the Office of Manage10 ment and Budget, transfer not to exceed $3,000,000,000 

11 of working capital funds of the Department of Defense 

12 or funds made available in this Act to the Department 

13 of Defense for military functions (except military con14 struction) between such appropriations or funds or any 

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

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

17 the appropriation or fund to which transferred: Provided, 

18 That such authority to transfer may not be used unless 

19 for higher priority items, based on unforeseen military re20 quirements, than those for which originally appropriated 

21 and in no case where the item for which funds are re22 quested has been denied by the Congress: Provided further, 

23 That the Secretary of Defense shall notify the Congress 

24 promptly of all transfers made pursuant to this authority 

25 or any other authority in this Act: Provided further, That 
43 

HR 4613 PCS 

1 no part of the funds in this Act shall be available to pre2 pare or present a request to the Committees on Appropria3 tions for reprogramming of funds, unless for higher pri4 ority items, based on unforeseen military requirements, 

5 than those for which originally appropriated and in no 

6 case where the item for which reprogramming is requested 

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

8 a request for multiple reprogrammings of funds using au9 thority provided in this section must be made prior to 

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

11 military personnel appropriations shall not be taken into 

12 account for purposes of the limitation on the amount of 

13 funds that may be transferred under this section. 

14 (TRANSFER OF FUNDS) 

15 SEC. 8006. During the current fiscal year, cash bal16 ances in working capital funds of the Department of De17 fense established pursuant to section 2208 of title 10, 

18 United States Code, may be maintained in only such 

19 amounts as are necessary at any time for cash disburse20 ments to be made from such funds: Provided, That trans21 fers may be made between such funds: Provided further, 

22 That transfers may be made between working capital 

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

24 appropriation and the ‘‘Operation and Maintenance’’ ap25 propriation accounts in such amounts as may be deter-
44 

HR 4613 PCS 

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

2 the Office of Management and Budget, except that such 

3 transfers may not be made unless the Secretary of Defense 

4 has notified the Congress of the proposed transfer. Except 

5 in amounts equal to the amounts appropriated to working 

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

7 against a working capital fund to procure or increase the 

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

10 such obligation. 

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

12 be used to initiate a special access program without prior 

13 notification 30 calendar days in session in advance to the 

14 congressional defense committees. 

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

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

17 employs economic order quantity procurement in excess of 

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

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

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

21 multiyear contract that employs economic order quantity 

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

25 award: Provided, That no part of any appropriation con-
45 

HR 4613 PCS 

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

2 contract for which the economic order quantity advance 

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

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

5 any appropriation contained in this Act shall be available 

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

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

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

10 procurement contract can be terminated without 10-day 

11 prior notification to the congressional defense committees: 

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

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

16 Act may be used for a multiyear contract executed after 

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

18 of any such contract— 

19 (1) the Secretary of Defense has submitted to 

20 Congress a budget request for full funding of units 

21 to be procured through the contract; 

22 (2) cancellation provisions in the contract do 

23 not include consideration of recurring manufacturing 

24 costs of the contractor associated with the produc-
46 

HR 4613 PCS 

1 tion of unfunded units to be delivered under the con2 tract; 

3 (3) the contract provides that payments to the 

4 contractor under the contract shall not be made in 

5 advance of incurred costs on funded units; and 

6 (4) the contract does not provide for a price ad7 justment based on a failure to award a follow-on 

8 contract. 

9 Funds appropriated in title III of this Act may be 

10 used for a multiyear procurement contract as follows: 

11 Lightweight 155mm Howitzer. 

12 SEC. 8009. Within the funds appropriated for the op13 eration and maintenance of the Armed Forces, funds are 

14 hereby appropriated pursuant to section 401 of title 10, 

15 United States Code, for humanitarian and civic assistance 

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

17 Such funds may also be obligated for humanitarian and 

18 civic assistance costs incidental to authorized operations 

19 and pursuant to authority granted in section 401 of chap20 ter 20 of title 10, United States Code, and these obliga21 tions shall be reported as required by section 401(d) of 

22 title 10, United States Code: Provided, That funds avail23 able for operation and maintenance shall be available for 

24 providing humanitarian and similar assistance by using 

25 Civic Action Teams in the Trust Territories of the Pacific 
47 

HR 4613 PCS 

1 Islands and freely associated states of Micronesia, pursu2 ant to the Compact of Free Association as authorized by 

3 Public Law 99–239: Provided further, That upon a deter4 mination by the Secretary of the Army that such action 

5 is beneficial for graduate medical education programs con6 ducted at Army medical facilities located in Hawaii, the 

7 Secretary of the Army may authorize the provision of med8 ical services at such facilities and transportation to such 

9 facilities, on a nonreimbursable basis, for civilian patients 

10 from American Samoa, the Commonwealth of the North11 ern Mariana Islands, the Marshall Islands, the Federated 

12 States of Micronesia, Palau, and Guam. 

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

14 personnel of the Department of Defense may not be man15 aged on the basis of any end-strength, and the manage16 ment of such personnel during that fiscal year shall not 

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

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

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

20 (b) The fiscal year 2006 budget request for the De21 partment of Defense as well as all justification material 

22 and other documentation supporting the fiscal year 2006 

23 Department of Defense budget request shall be prepared 

24 and submitted to the Congress as if subsections (a) and 
48 

HR 4613 PCS 

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

2 year 2006. 

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

4 to military (civilian) technicians. 

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

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

7 overseas without 30-day advance notification to the Com8 mittees on Appropriations. 

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

10 Act shall be used in any way, directly or indirectly, to in11 fluence congressional action on any legislation or appro12 priation matters pending before the Congress. 

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

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

15 any member of the Army participating as a full-time stu16 dent and receiving benefits paid by the Secretary of Vet17 erans Affairs from the Department of Defense Education 

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

19 credited toward completion of a service commitment: Pro20 vided, That this subsection shall not apply to those mem21 bers who have reenlisted with this option prior to October 

22 1, 1987: Provided further, That this subsection applies 

23 only to active components of the Army. 

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

25 CONTRACTOR PERFORMANCE.—None of the funds appro-
49 

HR 4613 PCS 

1 priated by this Act shall be available to convert to con2 tractor performance an activity or function of the Depart3 ment of Defense that, on or after the date of the enact4 ment of this Act, is performed by more than 10 Depart5 ment of Defense civilian employees unless— 

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

7 public-private competition that includes a most effi8 cient and cost effective organization plan developed 

9 by such activity or function; 

10 (2) the Competitive Sourcing Official deter11 mines that, over all performance periods stated in 

12 the solicitation of offers for performance of the ac13 tivity or function, the cost of performance of the ac14 tivity or function by a contractor would be less costly 

15 to the Department of Defense by an amount that 

16 equals or exceeds the lesser of— 

17 (A) 10 percent of the most efficient organi18 zation’s personnel-related costs for performance 

19 of that activity or function by Federal employ20 ees; or 

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

22 (3) the contractor does not receive an advan23 tage for a proposal that would reduce costs for the 

24 Department of Defense by— 
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1 (A) not making an employer-sponsored 

2 health insurance plan available to the workers 

3 who are to be employed in the performance of 

4 that activity or function under the contract; or 

5 (B) offering to such workers an employer6 sponsored health benefits plan that requires the 

7 employer to contribute less towards the pre8 mium or subscription share than the amount 

9 that is paid by the Department of Defense for 

10 health benefits for civilian employees under 

11 chapter 89 of title 5, United States Code. 

12 (b) EXCEPTIONS.— 

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

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

15 shall not apply to a commercial or industrial type 

16 function of the Department of Defense that— 

17 (A) is included on the procurement list es18 tablished pursuant to section 2 of the Javits19 Wagner-O’Day Act (41 U.S.C. 47); 

20 (B) is planned to be converted to perform21 ance by a qualified nonprofit agency for the 

22 blind or by a qualified nonprofit agency for 

23 other severely handicapped individuals in ac24 cordance with that Act; or 
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1 (C) is planned to be converted to perform2 ance by a qualified firm under at least 51 per3 cent ownership by an Indian tribe, as defined in 

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

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

6 450b(e)), or a Native Hawaiian Organization, 

7 as defined in section 8(a)(15) of the Small 

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

9 (2) This section shall not apply to depot con10 tracts or contracts for depot maintenance as pro11 vided in sections 2469 and 2474 of title 10, United 

12 States Code. 

13 (c) TREATMENT OF CONVERSION.—The conversion 

14 of any activity or function of the Department of Defense 

15 under the authority provided by this section shall be cred16 ited toward any competitive or outsourcing goal, target, 

17 or measurement that may be established by statute, regu18 lation, or policy and is deemed to be awarded under the 

19 authority of, and in compliance with, subsection (h) of sec20 tion 2304 of title 10, United States Code, for the competi21 tion or outsourcing of commercial activities. 

22 (TRANSFER OF FUNDS) 

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

24 for the Department of Defense Pilot Mentor-Protege Pro25 gram may be transferred to any other appropriation con-
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1 tained in this Act solely for the purpose of implementing 

2 a Mentor-Protege Program developmental assistance 

3 agreement pursuant to section 831 of the National De4 fense Authorization Act for Fiscal Year 1991 (Public Law 

5 101–510; 10 U.S.C. 2302 note), as amended, under the 

6 authority of this provision or any other transfer authority 

7 contained in this Act. 

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

9 available for the purchase by the Department of Defense 

10 (and its departments and agencies) of welded shipboard 

11 anchor and mooring chain 4 inches in diameter and under 

12 unless the anchor and mooring chain are manufactured 

13 in the United States from components which are substan14 tially manufactured in the United States: Provided, That 

15 for the purpose of this section manufactured will include 

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

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

18 Provided further, That for the purpose of this section sub19 stantially all of the components of anchor and mooring 

20 chain shall be considered to be produced or manufactured 

21 in the United States if the aggregate cost of the compo22 nents produced or manufactured in the United States ex23 ceeds the aggregate cost of the components produced or 

24 manufactured outside the United States: Provided further, 

25 That when adequate domestic supplies are not available 
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1 to meet Department of Defense requirements on a timely 

2 basis, the Secretary of the service responsible for the pro3 curement may waive this restriction on a case-by-case 

4 basis by certifying in writing to the Committees on Appro5 priations that such an acquisition must be made in order 

6 to acquire capability for national security purposes. 

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

8 Act available for the Civilian Health and Medical Program 

9 of the Uniformed Services (CHAMPUS) or TRICARE 

10 shall be available for the reimbursement of any health care 

11 provider for inpatient mental health service for care re12 ceived when a patient is referred to a provider of inpatient 

13 mental health care or residential treatment care by a med14 ical or health care professional having an economic inter15 est in the facility to which the patient is referred: Pro16 vided, That this limitation does not apply in the case of 

17 inpatient mental health services provided under the pro18 gram for persons with disabilities under subsection (d) of 

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

20 partial hospital care, or provided pursuant to a waiver au21 thorized by the Secretary of Defense because of medical 

22 or psychological circumstances of the patient that are con23 firmed by a health professional who is not a Federal em24 ployee after a review, pursuant to rules prescribed by the 

25 Secretary, which takes into account the appropriate level 
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1 of care for the patient, the intensity of services required 

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

3 SEC. 8018. Notwithstanding any other provision of 

4 law, during the current fiscal year and hereafter, the Sec5 retary of Defense may, by executive agreement, establish 

6 with host nation governments in NATO member states a 

7 separate account into which such residual value amounts 

8 negotiated in the return of United States military installa9 tions in NATO member states may be deposited, in the 

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

11 transfers to the United States Treasury: Provided, That 

12 such credits may be utilized only for the construction of 

13 facilities to support United States military forces in that 

14 host nation, or such real property maintenance and base 

15 operating costs that are currently executed through mone16 tary transfers to such host nations: Provided further, That 

17 the Department of Defense’s budget submission for subse18 quent fiscal years shall identify such sums anticipated in 

19 residual value settlements, and identify such construction, 

20 real property maintenance or base operating costs that 

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

22 Provided further, That all military construction projects 

23 to be executed from such accounts must be previously ap24 proved in a prior Act of Congress: Provided further, That 

25 each such executive agreement with a NATO member host 
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1 nation shall be reported to the congressional defense com2 mittees, the Committee on International Relations of the 

3 House of Representatives and the Committee on Foreign 

4 Relations of the Senate 30 days prior to the conclusion 

5 and endorsement of any such agreement established under 

6 this provision. 

7 SEC. 8019. None of the funds available to the De8 partment of Defense may be used to demilitarize or dis9 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, 

10 .22 caliber rifles, .30 caliber rifles, or M–1911 pistols. 

11 SEC. 8020. No more than $500,000 of the funds ap12 propriated or made available in this Act shall be used dur13 ing a single fiscal year for any single relocation of an orga14 nization, unit, activity or function of the Department of 

15 Defense into or within the National Capital Region: Pro16 vided, That the Secretary of Defense may waive this re17 striction on a case-by-case basis by certifying in writing 

18 to the congressional defense committees that such a relo19 cation is required in the best interest of the Government. 

20 SEC. 8021. In addition to the funds provided else21 where in this Act, $8,000,000 is appropriated only for in22 centive payments authorized by section 504 of the Indian 

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

24 a prime contractor or a subcontractor at any tier that 

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

2 owned and controlled by an individual or individuals de3 fined under 25 U.S.C. 4221(9) shall be considered a con4 tractor for the purposes of being allowed additional com5 pensation under section 504 of the Indian Financing Act 

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

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

8 expenditure of funds appropriated by an Act making Ap9 propriations for the Department of Defense with respect 

10 to any fiscal year: Provided further, That notwithstanding 

11 41 U.S.C. 430, this section shall be applicable to any De12 partment of Defense acquisition of supplies or services, in13 cluding any contract and any subcontract at any tier for 

14 acquisition of commercial items produced or manufac15 tured, in whole or in part by any subcontractor or supplier 

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

17 controlled by an individual or individuals defined under 

18 25 U.S.C. 4221(9): Provided further, That businesses cer19 tified as 8(a) by the Small Business Administration pursu20 ant to section 8(a)(15) of Public Law 85–536, as amend21 ed, shall have the same status as other program partici22 pants under section 602 of Public Law 100–656, 102 

23 Stat. 3825 (Business Opportunity Development Reform 

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

25 the Department of Defense. 
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1 SEC. 8022. None of the funds appropriated by this 

2 Act shall be available to perform any cost study pursuant 

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

4 performed exceeds a period of 24 months after initiation 

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

6 30 months after initiation of such study for a multi-func7 tion activity. 

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

9 American Forces Information Service shall not be used for 

10 any national or international political or psychological ac11 tivities. 

12 SEC. 8024. Hereafter, notwithstanding any other 

13 provision of law or regulation, the Secretary of Defense 

14 may adjust wage rates for civilian employees hired for cer15 tain health care occupations as authorized for the Sec16 retary of Veterans Affairs by section 7455 of title 38, 

17 United States Code. 

18 SEC. 8025. During the current fiscal year, net re19 ceipts pursuant to collections from third party payers pur20 suant to section 1095 of title 10, United States Code, shall 

21 be made available to the local facility of the uniformed 

22 services responsible for the collections and shall be over 

23 and above the facility’s direct budget amount. 

24 SEC. 8026. During the current fiscal year, the De25 partment of Defense is authorized to incur obligations of 
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1 not to exceed $350,000,000 for purposes specified in sec2 tion 2350j(c) of title 10, United States Code, in anticipa3 tion of receipt of contributions, only from the Government 

4 of Kuwait, under that section: Provided, That upon re5 ceipt, such contributions from the Government of Kuwait 

6 shall be credited to the appropriations or fund which in7 curred such obligations. 

8 (INCLUDING TRANSFER OF FUNDS) 

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

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

11 Civil Air Patrol Corporation, of which— 

12 (1) $21,722,000 shall be available from ‘‘Oper13 ation and Maintenance, Air Force’’ to support Civil 

14 Air Patrol Corporation operation and maintenance, 

15 readiness, counterdrug activities, and drug demand 

16 reduction activities involving youth programs; 

17 (2) $2,300,000 shall be available from ‘‘Aircraft 

18 Procurement, Air Force’’; and 

19 (3) $800,000 shall be available from ‘‘Other 

20 Procurement, Air Force’’ for vehicle procurement. 

21 (b) The Secretary of the Air Force should waive reim22 bursement for any funds used by the Civil Air Patrol for 

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

24 local government agencies. 
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1 SEC. 8028. (a) None of the funds appropriated in this 

2 Act are available to establish a new Department of De3 fense (department) federally funded research and develop4 ment center (FFRDC), either as a new entity, or as a 

5 separate entity administrated by an organization man6 aging another FFRDC, or as a nonprofit membership cor7 poration consisting of a consortium of other FFRDCs and 

8 other non-profit entities. 

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

10 Overseers, Advisory Group, Special Issues Panel, Visiting 

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

12 and no paid consultant to any defense FFRDC, except 

13 when acting in a technical advisory capacity, may be com14 pensated for his or her services as a member of such enti15 ty, or as a paid consultant by more than one FFRDC in 

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

17 referred to previously in this subsection shall be allowed 

18 travel expenses and per diem as authorized under the Fed19 eral Joint Travel Regulations, when engaged in the per20 formance of membership duties. 

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

22 of the funds available to the Department from any source 

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

24 through a fee or other payment mechanism, for construc25 tion of new buildings, for payment of cost sharing for 
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1 projects funded by Government grants, for absorption of 

2 contract overruns, or for certain charitable contributions, 

3 not to include employee participation in community service 

4 and/or development. 

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

6 the funds available to the department during fiscal year 

7 2005, not more than 6,600 staff years of technical effort 

8 (staff years) may be funded for defense FFRDCs: Pro9 vided, That this subsection shall not apply to staff years 

10 funded in the National Foreign Intelligence Program 

11 (NFIP). 

12 (e) The Secretary of Defense shall, with the submis13 sion of the department’s fiscal year 2006 budget request, 

14 submit a report presenting the specific amounts of staff 

15 years of technical effort to be allocated for each defense 

16 FFRDC during that fiscal year. 

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

18 the total amount appropriated in this Act for FFRDCs 

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

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

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

22 or armor steel plate for use in any Government-owned fa23 cility or property under the control of the Department of 

24 Defense which were not melted and rolled in the United 

25 States or Canada: Provided, That these procurement re-
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1 strictions shall apply to any and all Federal Supply Class 

2 9515, American Society of Testing and Materials (ASTM) 

3 or American Iron and Steel Institute (AISI) specifications 

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

5 That the Secretary of the military department responsible 

6 for the procurement may waive this restriction on a case7 by-case basis by certifying in writing to the Committees 

8 on Appropriations of the House of Representatives and the 

9 Senate that adequate domestic supplies are not available 

10 to meet Department of Defense requirements on a timely 

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

12 to acquire capability for national security purposes: Pro13 vided further, That these restrictions shall not apply to 

14 contracts which are in being as of the date of the enact15 ment of this Act. 

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

17 ‘‘congressional defense committees’’ means the Armed 

18 Services Committee of the House of Representatives, the 

19 Armed Services Committee of the Senate, the Sub20 committee on Defense of the Committee on Appropriations 

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

22 Committee on Appropriations of the House of Representa23 tives. 

24 SEC. 8031. During the current fiscal year, the De25 partment of Defense may acquire the modification, depot 
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1 maintenance and repair of aircraft, vehicles and vessels 

2 as well as the production of components and other De3 fense-related articles, through competition between De4 partment of Defense depot maintenance activities and pri5 vate firms: Provided, That the Senior Acquisition Execu6 tive of the military department or Defense Agency con7 cerned, with power of delegation, shall certify that success8 ful bids include comparable estimates of all direct and in9 direct costs for both public and private bids: Provided fur10 ther, That Office of Management and Budget Circular A– 

11 76 shall not apply to competitions conducted under this 

12 section. 

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

14 consultation with the United States Trade Representative, 

15 determines that a foreign country which is party to an 

16 agreement described in paragraph (2) has violated the 

17 terms of the agreement by discriminating against certain 

18 types of products produced in the United States that are 

19 covered by the agreement, the Secretary of Defense shall 

20 rescind the Secretary’s blanket waiver of the Buy Amer21 ican Act with respect to such types of products produced 

22 in that foreign country. 

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

24 reciprocal defense procurement memorandum of under25 standing, between the United States and a foreign country 
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1 pursuant to which the Secretary of Defense has prospec2 tively waived the Buy American Act for certain products 

3 in that country. 

4 (b) The Secretary of Defense shall submit to the Con5 gress a report on the amount of Department of Defense 

6 purchases from foreign entities in fiscal year 2005. Such 

7 report shall separately indicate the dollar value of items 

8 for which the Buy American Act was waived pursuant to 

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

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

11 international agreement to which the United States is a 

12 party. 

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

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

15 making appropriations for the Treasury and Post Office 

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

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

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

19 SEC. 8033. Appropriations contained in this Act that 

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

21 at the end of each fiscal year hereafter, as a result of en22 ergy cost savings realized by the Department of Defense 

23 shall remain available for obligation for the next fiscal 

24 year to the extent, and for the purposes, provided in sec25 tion 2865 of title 10, United States Code. 
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1 (INCLUDING TRANSFER OF FUNDS) 

2 SEC. 8034. Amounts deposited during the current fis3 cal year and hereafter to the special account established 

4 under 40 U.S.C. 572(b)(5)(A) and to the special account 

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

6 and shall be available until transferred by the Secretary 

7 of Defense to current applicable appropriations or funds 

8 of the Department of Defense under the terms and condi9 tions specified by 40 U.S.C. 572(b)(5)(B) and 10 U.S.C. 

10 2667(d)(1)(B), to be merged with and to be available for 

11 the same time period and the same purposes as the appro12 priation to which transferred. 

13 SEC. 8035. The President shall include with each 

14 budget for a fiscal year submitted to the Congress under 

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

16 that shall identify clearly and separately the amounts re17 quested in the budget for appropriation for that fiscal year 

18 for salaries and expenses related to administrative activi19 ties of the Department of Defense, the military depart20 ments, and the defense agencies. 

21 SEC. 8036. Notwithstanding any other provision of 

22 law, funds available during the current fiscal year and 

23 hereafter for ‘‘Drug Interdiction and Counter-Drug Activi24 ties, Defense’’ may be obligated for the Young Marines 

25 program. 
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1 (INCLUDING TRANSFER OF FUNDS) 

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

3 contained in the Department of Defense Overseas Military 

4 Facility Investment Recovery Account established by sec5 tion 2921(c)(1) of the National Defense Authorization Act 

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

7 be available until expended for the payments specified by 

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

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

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

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

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

13 South Dakota, Montana, and Minnesota relocatable mili14 tary housing units located at Grand Forks Air Force Base 

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

16 of the Air Force. 

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

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

19 military housing units under subsection (a) in accordance 

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

21 Secretary by the Operation Walking Shield Program on 

22 behalf of Indian tribes located in the States of North Da23 kota, South Dakota, Montana, and Minnesota. 

24 (c) RESOLUTION OF HOUSING UNIT CONFLICTS.— 

25 The Operation Walking Shield Program shall resolve any 
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1 conflicts among requests of Indian tribes for housing units 

2 under subsection (a) before submitting requests to the 

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

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

5 term ‘‘Indian tribe’’ means any recognized Indian tribe in6 cluded on the current list published by the Secretary of 

7 the Interior under section 104 of the Federally Recognized 

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

9 4792; 25 U.S.C. 479a–1). 

10 SEC. 8039. During the current fiscal year, appropria11 tions which are available to the Department of Defense 

12 for operation and maintenance may be used to purchase 

13 items having an investment item unit cost of not more 

14 than $250,000. 

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

16 of the appropriations or funds available to the Department 

17 of Defense Working Capital Funds shall be used for the 

18 purchase of an investment item for the purpose of acquir19 ing a new inventory item for sale or anticipated sale dur20 ing the current fiscal year or a subsequent fiscal year to 

21 customers of the Department of Defense Working Capital 

22 Funds if such an item would not have been chargeable 

23 to the Department of Defense Business Operations Fund 

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

25 investment item would be chargeable during the current 
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1 fiscal year to appropriations made to the Department of 

2 Defense for procurement. 

3 (b) The fiscal year 2006 budget request for the De4 partment of Defense as well as all justification material 

5 and other documentation supporting the fiscal year 2006 

6 Department of Defense budget shall be prepared and sub7 mitted to the Congress on the basis that any equipment 

8 which was classified as an end item and funded in a pro9 curement appropriation contained in this Act shall be 

10 budgeted for in a proposed fiscal year 2006 procurement 

11 appropriation and not in the supply management business 

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

13 Defense Working Capital Funds. 

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

15 Act for programs of the Central Intelligence Agency shall 

16 remain available for obligation beyond the current fiscal 

17 year, except for funds appropriated for the Reserve for 

18 Contingencies, which shall remain available until Sep19 tember 30, 2006: Provided, That funds appropriated, 

20 transferred, or otherwise credited to the Central Intel21 ligence Agency Central Services Working Capital Fund 

22 during this or any prior or subsequent fiscal year shall 

23 remain available until expended: Provided further, That 

24 any funds appropriated or transferred to the Central Intel25 ligence Agency for advanced research and development ac-
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1 quisition, for agent operations, and for covert action pro2 grams authorized by the President under section 503 of 

3 the National Security Act of 1947, as amended, shall re4 main available until September 30, 2006. 

5 SEC. 8042. Notwithstanding any other provision of 

6 law, funds made available in this Act for the Defense In7 telligence Agency may be used for the design, develop8 ment, and deployment of General Defense Intelligence 

9 Program intelligence communications and intelligence in10 formation systems for the Services, the Unified and Speci11 fied Commands, and the component commands. 

12 SEC. 8043. Of the funds appropriated to the Depart13 ment of Defense under the heading ‘‘Operation and Main14 tenance, Defense-Wide’’, not less than $10,000,000 shall 

15 be made available only for the mitigation of environmental 

16 impacts, including training and technical assistance to 

17 tribes, related administrative support, the gathering of in18 formation, documenting of environmental damage, and de19 veloping a system for prioritization of mitigation and cost 

20 to complete estimates for mitigation, on Indian lands re21 sulting from Department of Defense activities. 

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

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

24 Defense unless the entity, in expending the funds, com25 plies with the Buy American Act. For purposes of this 
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1 subsection, the term ‘‘Buy American Act’’ means title III 

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

3 Treasury and Post Office Departments for the fiscal year 

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

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

6 (b) If the Secretary of Defense determines that a per7 son has been convicted of intentionally affixing a label 

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

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

10 in America, the Secretary shall determine, in accordance 

11 with section 2410f of title 10, United States Code, wheth12 er the person should be debarred from contracting with 

13 the Department of Defense. 

14 (c) In the case of any equipment or products pur15 chased with appropriations provided under this Act, it is 

16 the sense of the Congress that any entity of the Depart17 ment of Defense, in expending the appropriation, purchase 

18 only American-made equipment and products, provided 

19 that American-made equipment and products are cost20 competitive, quality-competitive, and available in a timely 

21 fashion. 

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

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

24 or consulting services entered into without competition on 
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1 the basis of an unsolicited proposal unless the head of the 

2 activity responsible for the procurement determines— 

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

4 only one source is found fully qualified to perform 

5 the proposed work; 

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

7 unsolicited proposal which offers significant sci8 entific or technological promise, represents the prod9 uct of original thinking, and was submitted in con10 fidence by one source; or 

11 (3) the purpose of the contract is to take ad12 vantage of unique and significant industrial accom13 plishment by a specific concern, or to insure that a 

14 new product or idea of a specific concern is given fi15 nancial support: Provided, That this limitation shall 

16 not apply to contracts in an amount of less than 

17 $25,000, contracts related to improvements of equip18 ment that is in development or production, or con19 tracts as to which a civilian official of the Depart20 ment of Defense, who has been confirmed by the 

21 Senate, determines that the award of such contract 

22 is in the interest of the national defense. 

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

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

25 be used— 
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1 (1) to establish a field operating agency; or 

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

3 Armed Forces or civilian employee of the depart4 ment who is transferred or reassigned from a head5 quarters activity if the member or employee’s place 

6 of duty remains at the location of that headquarters. 

7 (b) The Secretary of Defense or Secretary of a mili8 tary department may waive the limitations in subsection 

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

10 and certifies to the Committees on Appropriations of the 

11 House of Representatives and Senate that the granting 

12 of the waiver will reduce the personnel requirements or 

13 the financial requirements of the department. 

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

15 agencies funded within the National Foreign Intelligence 

16 Program. 

17 SEC. 8047. Notwithstanding section 303 of Public 

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

19 of the Navy is authorized to lease real and personal prop20 erty at Naval Air Facility, Adak, Alaska, pursuant to 10 

21 U.S.C. 2667(f), for commercial, industrial or other pur22 poses: Provided, That notwithstanding any other provision 

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

24 materials from facilities, buildings, and structures at 
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1 Adak, Alaska, and may demolish or otherwise dispose of 

2 such facilities, buildings, and structures. 

3 (RESCISSIONS) 

4 SEC. 8048. Of the funds appropriated in Department 

5 of Defense Appropriations Acts, the following funds are 

6 hereby rescinded from the following accounts and pro7 grams in the specified amounts: 

8 ‘‘Former Soviet Union Threat Reduction, 2003/ 

9 2005’’, $50,000,000; 

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

11 $2,900,000; 

12 ‘‘Shipbuilding and Conversion, Navy, 2004/ 

13 2008’’, $10,300,000; 

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

15 $5,200,000; 

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

17 $100,000,000; 

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

19 $23,400,000; 

20 ‘‘Research, Development, Test and Evaluation, 

21 Army, 2004/2005’’, $42,650,000; 

22 ‘‘Research, Development, Test and Evaluation, 

23 Navy, 2004/2005’’, $20,000,000; 

24 ‘‘Research, Development, Test and Evaluation, 

25 Air Force, 2004/2005’’, $37,000,000; and 
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1 ‘‘Research, Development, Test and Evaluation, 

2 Defense-Wide, 2004/2005’’, $108,300,000. 

3 SEC. 8049. None of the funds available in this Act 

4 may be used to reduce the authorized positions for mili5 tary (civilian) technicians of the Army National Guard, 

6 the Air National Guard, Army Reserve and Air Force Re7 serve for the purpose of applying any administratively im8 posed civilian personnel ceiling, freeze, or reduction on 

9 military (civilian) technicians, unless such reductions are 

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

11 SEC. 8050. None of the funds appropriated or other12 wise made available in this Act may be obligated or ex13 pended for assistance to the Democratic People’s Republic 

14 of North Korea unless specifically appropriated for that 

15 purpose. 

16 SEC. 8051. During the current fiscal year and here17 after, funds appropriated in this Act are available to com18 pensate members of the National Guard for duty per19 formed pursuant to a plan submitted by a Governor of 

20 a State and approved by the Secretary of Defense under 

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

22 That during the performance of such duty, the members 

23 of the National Guard shall be under State command and 

24 control: Provided further, That such duty shall be treated 
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1 as full-time National Guard duty for purposes of sections 

2 12602(a)(2) and (b)(2) of title 10, United States Code. 

3 SEC. 8052. Funds appropriated in this Act for oper4 ation and maintenance of the Military Departments, Com5 batant Commands and Defense Agencies shall be available 

6 for reimbursement of pay, allowances and other expenses 

7 which would otherwise be incurred against appropriations 

8 for the National Guard and Reserve when members of the 

9 National Guard and Reserve provide intelligence or coun10 terintelligence support to Combatant Commands, Defense 

11 Agencies and Joint Intelligence Activities, including the 

12 activities and programs included within the National For13 eign Intelligence Program (NFIP), the Joint Military In14 telligence Program (JMIP), and the Tactical Intelligence 

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

16 nothing in this section authorizes deviation from estab17 lished Reserve and National Guard personnel and training 

18 procedures. 

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

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

21 the civilian medical and medical support personnel as22 signed to military treatment facilities below the September 

23 30, 2004 level: Provided, That the Service Surgeons Gen24 eral may waive this section by certifying to the congres25 sional defense committees that the beneficiary population 
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1 is declining in some catchment areas and civilian strength 

2 reductions may be consistent with responsible resource 

3 stewardship and capitation-based budgeting. 

4 SEC. 8054. Notwithstanding any other provision of 

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

6 this Act for environmental remediation may be obligated 

7 under indefinite delivery/indefinite quantity contracts with 

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

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

10 Department of Defense for any fiscal year for drug inter11 diction or counter-drug activities may be transferred to 

12 any other department or agency of the United States ex13 cept as specifically provided in an appropriations law. 

14 (b) None of the funds available to the Central Intel15 ligence Agency for any fiscal year for drug interdiction 

16 and counter-drug activities may be transferred to any 

17 other department or agency of the United States except 

18 as specifically provided in an appropriations law. 

19 (TRANSFER OF FUNDS) 

20 SEC. 8056. Appropriations available under the head21 ing ‘‘Operation and Maintenance, Defense-Wide’’ for the 

22 current fiscal year and hereafter for increasing energy and 

23 water efficiency in Federal buildings may, during their pe24 riod of availability, be transferred to other appropriations 

25 or funds of the Department of Defense for projects related 
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1 to increasing energy and water efficiency, to be merged 

2 with and to be available for the same general purposes, 

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

4 to which transferred. 

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

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

7 bearings other than those produced by a domestic source 

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

9 the military department responsible for such procurement 

10 may waive this restriction on a case-by-case basis by certi11 fying in writing to the Committees on Appropriations of 

12 the House of Representatives and the Senate, that ade13 quate domestic supplies are not available to meet Depart14 ment of Defense requirements on a timely basis and that 

15 such an acquisition must be made in order to acquire ca16 pability for national security purposes: Provided further, 

17 That this restriction shall not apply to the purchase of 

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

19 Office of Federal Procurement Policy Act, except that the 

20 restriction shall apply to ball or roller bearings purchased 

21 as end items. 

22 SEC. 8058. Notwithstanding any other provision of 

23 law, funds available to the Department of Defense shall 

24 be made available to provide transportation of medical 

25 supplies and equipment, on a nonreimbursable basis, to 
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1 American Samoa, and funds available to the Department 

2 of Defense shall be made available to provide transpor3 tation of medical supplies and equipment, on a non4 reimbursable basis, to the Indian Health Service when it 

5 is in conjunction with a civil-military project. 

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

7 used to purchase any supercomputer which is not manu8 factured in the United States, unless the Secretary of De9 fense certifies to the congressional defense committees 

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

11 capability for national security purposes that is not avail12 able from United States manufacturers. 

13 SEC. 8060. Notwithstanding any other provision of 

14 law, each contract awarded by the Department of Defense 

15 during the current fiscal year for construction or service 

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

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

18 not contiguous with another State and has an unemploy19 ment rate in excess of the national average rate of unem20 ployment as determined by the Secretary of Labor, shall 

21 include a provision requiring the contractor to employ, for 

22 the purpose of performing that portion of the contract in 

23 such State that is not contiguous with another State, indi24 viduals who are residents of such State and who, in the 

25 case of any craft or trade, possess or would be able to 
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1 acquire promptly the necessary skills: Provided, That the 

2 Secretary of Defense may waive the requirements of this 

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

4 security. 

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

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

7 officer or employee of the Department of Defense who ap8 proves or implements the transfer of administrative re9 sponsibilities or budgetary resources of any program, 

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

11 of another Federal agency not financed by this Act with12 out the express authorization of Congress: Provided, That 

13 this limitation shall not apply to transfers of funds ex14 pressly provided for in Defense Appropriations Acts, or 

15 provisions of Acts providing supplemental appropriations 

16 for the Department of Defense. 

17 SEC. 8062. (a) LIMITATION ON TRANSFER OF DE18 FENSE ARTICLES AND SERVICES.—Notwithstanding any 

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

20 Department of Defense for the current fiscal year may be 

21 obligated or expended to transfer to another nation or an 

22 international organization any defense articles or services 

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

24 described in subsection (b) unless the congressional de25 fense committees, the Committee on International Rela-
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1 tions of the House of Representatives, and the Committee 

2 on Foreign Relations of the Senate are notified 15 days 

3 in advance of such transfer. 

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

5 (1) any international peacekeeping or peace-en6 forcement operation under the authority of chapter 

7 VI or chapter VII of the United Nations Charter 

8 under the authority of a United Nations Security 

9 Council resolution; and 

10 (2) any other international peacekeeping, peace11 enforcement, or humanitarian assistance operation. 

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

13 (a) shall include the following: 

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

15 services to be transferred. 

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

17 supplies, or services to be transferred. 

18 (3) In the case of a proposed transfer of equip19 ment or supplies— 

20 (A) a statement of whether the inventory 

21 requirements of all elements of the Armed 

22 Forces (including the reserve components) for 

23 the type of equipment or supplies to be trans24 ferred have been met; and 
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1 (B) a statement of whether the items pro2 posed to be transferred will have to be replaced 

3 and, if so, how the President proposes to pro4 vide funds for such replacement. 

5 SEC. 8063. To the extent authorized by subchapter 

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

7 current fiscal year and hereafter the Secretary of Defense 

8 may issue loan guarantees in support of United States de9 fense exports not otherwise provided for: Provided, That 

10 the total contingent liability of the United States for guar11 antees issued under the authority of this section may not 

12 exceed $15,000,000,000: Provided further, That the expo13 sure fees charged and collected by the Secretary for each 

14 guarantee shall be paid by the country involved and shall 

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

16 States: Provided further, That the Secretary shall provide 

17 quarterly reports to the Committees on Appropriations, 

18 Armed Services, and Foreign Relations of the Senate and 

19 the Committees on Appropriations, Armed Services, and 

20 International Relations in the House of Representatives 

21 on the implementation of this program: Provided further, 

22 That amounts charged for administrative fees and depos23 ited to the special account provided for under section 

24 2540c(d) of title 10, shall be available for paying the costs 

25 of administrative expenses of the Department of Defense 
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1 that are attributable to the loan guarantee program under 

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

3 Code. 

4 SEC. 8064. None of the funds available to the De5 partment of Defense under this Act shall be obligated or 

6 expended to pay a contractor under a contract with the 

7 Department of Defense for costs of any amount paid by 

8 the contractor to an employee when— 

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

10 excess of the normal salary paid by the contractor 

11 to the employee; and 

12 (2) such bonus is part of restructuring costs as13 sociated with a business combination. 

14 (INCLUDING TRANSFER OF FUNDS) 

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

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

17 under the heading ‘‘Operation and Maintenance, Defense18 Wide’’ may be transferred to appropriations available for 

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

20 be available for the same time period as the appropriations 

21 to which transferred, to be used in support of such per22 sonnel in connection with support and services for eligible 

23 organizations and activities outside the Department of De24 fense pursuant to section 2012 of title 10, United States 

25 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. 

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. 

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 No. 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 SEC. 8123. The Secretary of Defense shall provide 

19 a report to the congressional defense committees not later 

20 than July 30, 2004, that addresses how the Department 

21 of Defense (DoD) is improving the dud rate of cluster mu22 nitions to meet existing DoD policies. This report shall 

23 address: (1) the types and quantities of munitions systems 

24 that employ cluster munitions presently in DoD’s inven25 tory that do and do not meet the 1-percent dud rate policy; 
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1 (2) DoD efforts to ensure the development of cluster mu2 nitions that meet the 1-percent dud rate policy, including 

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

4 schedule describing the DoD cluster munitions inventory 

5 profile from the present until the time this inventory will 

6 meet the 1-percent dud rate policy. 

7 TITLE IX—ADDITIONAL APPROPRIATIONS 

8 CHAPTER I 

9 DEPARTMENT OF DEFENSE—MILITARY 

10 MILITARY PERSONNEL 

11 MILITARY PERSONNEL, ARMY

12 For an additional amount for ‘‘Military Personnel, 

13 Army’’, $2,552,200,000: Provided, That, if the enactment 

14 of this title occurs during fiscal year 2004, such amount 

15 is designated as an emergency requirement pursuant to 

16 section 402 of S. Con. Res. 95 (108th Congress), as made 

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

18 (108th Congress): Provided further, That, if the enactment 

19 of this title occurs during fiscal year 2005, such amount 

20 is designated as making appropriations for overseas con21 tingency operations pursuant to section 403 of such S. 

22 Con. Res. 95. 

23 MILITARY PERSONNEL, NAVY

24 For an additional amount for ‘‘Military Personnel, 

25 Navy’’, $232,200,000: Provided, That, if the enactment 
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1 of this title occurs during fiscal year 2004, such amount 

2 is designated as an emergency requirement pursuant to 

3 section 402 of S. Con. Res. 95 (108th Congress), as made 

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

5 (108th Congress): Provided further, That, if the enactment 

6 of this title occurs during fiscal year 2005, such amount 

7 is designated as making appropriations for overseas con8 tingency operations pursuant to section 403 of such S. 

9 Con. Res. 95. 

10 MILITARY PERSONNEL, MARINE CORPS

11 For an additional amount for ‘‘Military Personnel, 

12 Marine Corps’’, $273,200,000: Provided, That, if the en13 actment of this title occurs during fiscal year 2004, such 

14 amount is designated as an emergency requirement pursu15 ant to section 402 of S. Con. Res. 95 (108th Congress), 

16 as made applicable to the House of Representatives by H. 

17 Res. 649 (108th Congress): Provided further, That, if the 

18 enactment of this title occurs during fiscal year 2005, such 

19 amount is designated as making appropriations for over20 seas contingency operations pursuant to section 403 of 

21 such S. Con. Res. 95. 

22 MILITARY PERSONNEL, AIR FORCE

23 For an additional amount for ‘‘Military Personnel, 

24 Air Force’’, $874,400,000: Provided, That, if the enact25 ment of this title occurs during fiscal year 2004, such 
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1 amount is designated as an emergency requirement pursu2 ant to section 402 of S. Con. Res. 95 (108th Congress), 

3 as made applicable to the House of Representatives by H. 

4 Res. 649 (108th Congress): Provided further, That, if the 

5 enactment of this title occurs during fiscal year 2005, such 

6 amount is designated as making appropriations for over7 seas contingency operations pursuant to section 403 of 

8 such S. Con. Res. 95. 

9 OPERATION AND MAINTENANCE 

10 OPERATION AND MAINTENANCE, ARMY

11 For an additional amount for ‘‘Operation and Main12 tenance, Army’’, $11,698,400,000: Provided, That, if the 

13 enactment of this title occurs during fiscal year 2004, such 

14 amount is designated as an emergency requirement pursu15 ant to section 402 of S. Con. Res. 95 (108th Congress), 

16 as made applicable to the House of Representatives by H. 

17 Res. 649 (108th Congress): Provided further, That, if the 

18 enactment of this title occurs during fiscal year 2005, such 

19 amount is designated as making appropriations for over20 seas contingency operations pursuant to section 403 of 

21 such S. Con. Res. 95. 

22 OPERATION AND MAINTENANCE, NAVY

23 For an additional amount for ‘‘Operation and Main24 tenance, Navy’’, $303,000,000: Provided, That, if the en25 actment of this title occurs during fiscal year 2004, such 
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1 amount is designated as an emergency requirement pursu2 ant to section 402 of S. Con. Res. 95 (108th Congress), 

3 as made applicable to the House of Representatives by H. 

4 Res. 649 (108th Congress): Provided further, That, if the 

5 enactment of this title occurs during fiscal year 2005, such 

6 amount is designated as making appropriations for over7 seas contingency operations pursuant to section 403 of 

8 such S. Con. Res. 95. 

9 OPERATION AND MAINTENANCE, MARINE CORPS

10 For an additional amount for ‘‘Operation and Main11 tenance, Marine Corps’’, $1,295,000,000: Provided, That, 

12 if the enactment of this title occurs during fiscal year 

13 2004, such amount is designated as an emergency require14 ment pursuant to section 402 of S. Con. Res. 95 (108th 

15 Congress), as made applicable to the House of Representa16 tives by H. Res. 649 (108th Congress): Provided further, 

17 That, if the enactment of this title occurs during fiscal 

18 year 2005, such amount is designated as making appro19 priations for overseas contingency operations pursuant to 

20 section 403 of such S. Con. Res. 95. 

21 OPERATION AND MAINTENANCE, AIR FORCE

22 For an additional amount for ‘‘Operation and Main23 tenance, Air Force’’, $744,000,000: 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, DEFENSE-WIDE

9 For an additional amount for ‘‘Operation and Main10 tenance, Defense-Wide’’, $295,000,000: Provided, That, if 

11 the enactment of this title occurs during fiscal year 2004, 

12 such amount is designated as an emergency requirement 

13 pursuant to section 402 of S. Con. Res. 95 (108th Con14 gress), as made applicable to the House of Representatives 

15 by H. Res. 649 (108th Congress): Provided further, That, 

16 if the enactment of this title occurs during fiscal year 

17 2005, such amount is designated as making appropria18 tions for overseas contingency operations pursuant to sec19 tion 403 of such S. Con. Res. 95. 

20 IRAQ FREEDOM FUND

21 (INCLUDING TRANSFER OF FUNDS)

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

23 $2,978,000,000, to remain available for transfer until 

24 September 30, 2006, for the purposes authorized under 

25 this heading in Public Law 108–11: Provided, That the 
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1 Secretary of Defense may transfer the funds provided 

2 herein to appropriations for military personnel; operation 

3 and maintenance; Overseas Humanitarian, Disaster, and 

4 Civic Aid; procurement; research, development, test and 

5 evaluation; the Defense Health Program; and working 

6 capital funds: Provided further, That of the amounts pro7 vided under this heading, not less than $1,978,000,000 

8 shall be for classified programs, which shall be in addition 

9 to amounts provided for elsewhere in this title, and under 

10 this heading: Provided further, That funds transferred 

11 shall be merged with and be available for the same pur12 poses and for the same time period as the appropriation 

13 or fund to which transferred: Provided further, That this 

14 transfer authority is in addition to any other transfer au15 thority available to the Department of Defense: Provided 

16 further, That upon a determination that all or part of the 

17 funds transferred from this appropriation are not nec18 essary for the purposes provided herein, such amounts 

19 may be transferred back to this appropriation: Provided 

20 further, That the Secretary of Defense shall, not fewer 

21 than 5 days prior to making transfers from this appropria22 tion, notify the congressional defense committees in writ23 ing of the details of any such transfer: Provided further, 

24 That the Secretary shall submit a report no later than 

25 30 days after the end of each fiscal quarter to the congres-
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1 sional defense committees summarizing the details of the 

2 transfer of funds from this appropriation: Provided fur3 ther, That, if the enactment of this title occurs during fis4 cal year 2004, such amount is designated as an emergency 

5 requirement pursuant to section 402 of S. Con. Res. 95 

6 (108th Congress), as made applicable to the House of 

7 Representatives by H. Res. 649 (108th Congress): Pro8 vided further, That, if the enactment of this title occurs 

9 during fiscal year 2005, such amount is designated as 

10 making appropriations for overseas contingency operations 

11 pursuant to section 403 of such S. Con. Res. 95. 

12 PROCUREMENT 

13 MISSILE PROCUREMENT, ARMY

14 For an additional amount for ‘‘Missile Procurement, 

15 Army’’, $42,800,000, to remain available until September 

16 30, 2007: Provided, That, if the enactment of this title 

17 occurs during fiscal year 2004, such amount is designated 

18 as an emergency requirement pursuant to section 402 of 

19 S. Con. Res. 95 (108th Congress), as made applicable to 

20 the House of Representatives by H. Res. 649 (108th Con21 gress): Provided further, That, if the enactment of this 

22 title occurs during fiscal year 2005, such amount is des23 ignated as making appropriations for overseas contingency 

24 operations pursuant to section 403 of such S. Con. Res. 

25 95. 
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1 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

2 VEHICLES, ARMY

3 For an additional amount for ‘‘Procurement of Weap4 ons and Tracked Combat Vehicles, Army’’, $201,900,000, 

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

6 That, if the enactment of this title occurs during fiscal 

7 year 2004, such amount is designated as an emergency 

8 requirement pursuant to section 402 of S. Con. Res. 95 

9 (108th Congress), as made applicable to the House of 

10 Representatives by H. Res. 649 (108th Congress): Pro11 vided further, That, if the enactment of this title occurs 

12 during fiscal year 2005, such amount is designated as 

13 making appropriations for overseas contingency operations 

14 pursuant to section 403 of such S. Con. Res. 95. 

15 PROCUREMENT OF AMMUNITION, ARMY

16 For an additional amount for ‘‘Procurement of Am17 munition, Army’’, $330,000,000, to remain available until 

18 September 30, 2007: Provided, That, if the enactment of 

19 this title occurs during fiscal year 2004, such amount is 

20 designated as an emergency requirement pursuant to sec21 tion 402 of S. Con. Res. 95 (108th Congress), as made 

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

23 (108th Congress): Provided further, That, if the enactment 

24 of this title occurs during fiscal year 2005, such amount 

25 is designated as making appropriations for overseas con-
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HR 4613 PCS 

1 tingency operations pursuant to section 403 of such S. 

2 Con. Res. 95. 

3 OTHER PROCUREMENT, ARMY

4 For an additional amount for ‘‘Other Procurement, 

5 Army’’, $1,151,400,000, to remain available until Sep6 tember 30, 2007: Provided, That, if the enactment of this 

7 title occurs during fiscal year 2004, such amount is des8 ignated as an emergency requirement pursuant to section 

9 402 of S. Con. Res. 95 (108th Congress), as made applica10 ble to the House of Representatives by H. Res. 649 (108th 

11 Congress): Provided further, That, if the enactment of this 

12 title occurs during fiscal year 2005, such amount is des13 ignated as making appropriations for overseas contingency 

14 operations pursuant to section 403 of such S. Con. Res. 

15 95. 

16 AIRCRAFT PROCUREMENT, NAVY

17 For an additional amount for ‘‘Aircraft Procurement, 

18 Navy’’, $34,000,000, to remain available until September 

19 30, 2007: Provided, That, if the enactment of this title 

20 occurs during fiscal year 2004, such amount is designated 

21 as an emergency requirement pursuant to section 402 of 

22 S. Con. Res. 95 (108th Congress), as made applicable to 

23 the House of Representatives by H. Res. 649 (108th Con24 gress): 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 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

5 CORPS

6 For an additional amount for ‘‘Procurement of Am7 munition, Navy and Marine Corps’’, $112,800,000, to re8 main available until September 30, 2007: Provided, That, 

9 if the enactment of this title occurs during fiscal year 

10 2004, such amount is designated as an emergency require11 ment pursuant to section 402 of S. Con. Res. 95 (108th 

12 Congress), as made applicable to the House of Representa13 tives by H. Res. 649 (108th Congress): Provided further, 

14 That, if the enactment of this title occurs during fiscal 

15 year 2005, such amount is designated as making appro16 priations for overseas contingency operations pursuant to 

17 section 403 of such S. Con. Res. 95. 

18 PROCUREMENT, MARINE CORPS

19 For an additional amount for ‘‘Procurement, Marine 

20 Corps’’, $111,400,000, to remain available until Sep21 tember 30, 2007: Provided, That, if the enactment of this 

22 title occurs during fiscal year 2004, such amount is des23 ignated as an emergency requirement pursuant to section 

24 402 of S. Con. Res. 95 (108th Congress), as made applica25 ble to the House of Representatives by H. Res. 649 (108th 
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HR 4613 PCS 

1 Congress): Provided further, That, if the enactment of this 

2 title occurs during fiscal year 2005, such amount is des3 ignated as making appropriations for overseas contingency 

4 operations pursuant to section 403 of such S. Con. Res. 

5 95. 

6 OTHER PROCUREMENT, AIR FORCE

7 For an additional amount for ‘‘Other Procurement, 

8 Air Force’’, $35,300,000, 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 PROCUREMENT, DEFENSE-WIDE

20 For an additional amount for ‘‘Procurement, De21 fense-Wide’’, $80,000,000, 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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HR 4613 PCS 

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 NATIONAL GUARD AND RESERVE EQUIPMENT

8 For an additional amount for ‘‘National Guard and 

9 Reserve Equipment’’, $100,000,000, to remain available 

10 until September 30, 2007: 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 REVOLVING AND MANAGEMENT FUNDS 

21 DEFENSE WORKING CAPITAL FUNDS

22 For an additional amount for ‘‘Defense Working 

23 Capital Funds’’, $1,250,000,000: 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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HR 4613 PCS 

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 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

9 DEFENSE HEALTH PROGRAM

10 For an additional amount for ‘‘Defense Health Pro11 gram’’, $305,000,000 for Operation and maintenance: 

12 Provided, That, if the enactment of this title occurs during 

13 fiscal year 2004, such amount is designated as an emer14 gency requirement pursuant to section 402 of S. Con. Res. 

15 95 (108th Congress), as made applicable to the House of 

16 Representatives by H. Res. 649 (108th Congress): Pro17 vided further, That, if the enactment of this title occurs 

18 during fiscal year 2005, such amount is designated as 

19 making appropriations for overseas contingency operations 

20 pursuant to section 403 of such S. Con. Res. 95. 
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HR 4613 PCS 

1 CHAPTER 2 

2 DEPARTMENT OF STATE 

3 ADMINISTRATION OF FOREIGN AFFAIRS

4 DIPLOMATIC AND CONSULAR PROGRAMS

5 For an additional amount for ‘‘Diplomatic and Con6 sular Programs’’ for costs associated with United States 

7 Mission operations, technological support, logistical sup8 port, and necessary security costs in Iraq, $665,300,000, 

9 to remain available until expended: 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 EMBASSY SECURITY, CONSTRUCTION, AND

20 MAINTENANCE

21 For an additional amount for ‘‘Embassy Security, 

22 Construction, and Maintenance’’ for interim facilities for 

23 the United States Mission in Iraq, $20,000,000, to remain 

24 available until expended: Provided, That, if the enactment 

25 of this title occurs during fiscal year 2004, such amount 
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HR 4613 PCS 

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 CHAPTER 3 

10 BILATERAL ECONOMIC ASSISTANCE 

11 FUNDS APPROPRIATED TO THE PRESIDENT 

12 UNITED STATES AGENCY FOR INTERNATIONAL

13 DEVELOPMENT

14 INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

15 For an additional amount for ‘‘International Disaster 

16 and Famine Assistance’’, $70,000,000, to remain available 

17 until September 30, 2005: Provided, That funds appro18 priated by this paragraph shall be available to respond to 

19 the humanitarian crisis in the Darfur region of Sudan and 

20 in Chad: Provided further, That such amount is designated 

21 as an emergency requirement pursuant to section 402 of 

22 S. Con. Res. 95 (108th Congress), as made applicable to 

23 the House of Representatives by H. Res. 649 (108th Con24 gress). 
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1 DEPARTMENT OF STATE

2 MIGRATION AND REFUGEE ASSISTANCE

3 For an additional amount for ‘‘Migration and Ref4 ugee Assistance’’, $25,000,000, to remain available until 

5 September 30, 2005: Provided, That funds appropriated 

6 by this paragraph shall be available to respond to the hu7 manitarian crisis in the Darfur region of Sudan and in 

8 Chad: Provided further, That 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). 

13 GENERAL PROVISIONS, TITLE IX 

14 SEC. 9001. Appropriations provided in this title are 

15 available for obligation until September 30, 2005, unless 

16 otherwise so provided in this title: Provided, That notwith17 standing any other provision of law or of this Act, funds 

18 in this title are available for obligation, and authorities 

19 in this title shall apply, upon enactment of this Act. 

20 SEC. 9002. Notwithstanding any other provision of 

21 law or of this Act, funds made available in this title are 

22 in addition to amounts provided elsewhere in this Act. 

23 (TRANSFER OF FUNDS)

24 SEC. 9003. (a) Upon his determination that such ac25 tion is necessary in the national interest, the Secretary 

26 of Defense may transfer between appropriations up to 
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HR 4613 PCS 

1 $2,000,000,000 of the funds made available to the De2 partment of Defense in this title: Provided, That the Sec3 retary shall notify the Congress promptly of each transfer 

4 made pursuant to the authority in this section: Provided 

5 further, That the authority provided in this section is in 

6 addition to any other transfer authority available to the 

7 Department of Defense and is subject to the same terms 

8 and conditions as the authority provided in section 8005 

9 of this Act. 

10 (b) Section 8005 of the Department of Defense Ap11 propriations Act, 2004 (Public Law 108–87; 117 Stat. 

12 1071), is amended— 

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

14 in lieu thereof ‘‘$3,000,000,000’’; and 

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

16 inserting the following: ‘‘: Provided further, That 

17 transfers among military personnel appropriations 

18 shall not be taken into account for purposes of the 

19 limitation on the amount of funds that may be 

20 transferred under this section.’’. 

21 (c) Section 168(a) of division H of the Consolidated 

22 Appropriations Act, 2004 (Public Law 108–199; 118 Stat. 

23 456), is repealed upon enactment of this Act. 

24 (d)(1) If the enactment of this title occurs during fis25 cal year 2004, the amounts made available by the transfer 
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1 of funds in or pursuant to this section are designated as 

2 emergency requirements pursuant to section 402 of S. 

3 Con. Res. 95 (108th Congress), as made applicable to the 

4 House of Representatives by H. Res. 649 (108th Con5 gress). 

6 (2) If the enactment of this title occurs during fiscal 

7 year 2005, such amounts are designated as making appro8 priations for overseas contingency operations pursuant to 

9 section 403 of such S. Con. Res. 95. 

10 SEC. 9004. Funds appropriated in this title, or made 

11 available by the transfer of funds in or pursuant to this 

12 title, for intelligence activities are deemed to be specifically 

13 authorized by the Congress for purposes of section 504 

14 of the National Security Act of 1947 (50 U.S.C. 414). 

15 SEC. 9005. None of the funds provided in this title 

16 may be used to finance programs or activities denied by 

17 Congress in fiscal year 2005 appropriations to the Depart18 ment of Defense or to initiate a procurement or research, 

19 development, test and evaluation new start program with20 out prior notification to the congressional defense commit21 tees. 

22 SEC. 9006. Sections 1318 and 1319 of the Emer23 gency Wartime Supplemental Appropriations Act, 2003 

24 (Public Law 108–11; 117 Stat. 571), shall remain in ef25 fect during fiscal year 2005. 
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1 SEC. 9007. From October 1, 2004, through Sep2 tember 30, 2005, (a) the rates of pay authorized by sec3 tion 310(a) of title 37, United States Code, shall be $225; 

4 and (b) the rates of pay authorized by section 427(a)(1) 

5 of title 37, United States Code, shall be $250. 

6 SEC. 9008. Notwithstanding any other provision of 

7 law, from funds made available in this title to the Depart8 ment of Defense for operation and maintenance, not to 

9 exceed $500,000,000 may be used by the Secretary of De10 fense, with the concurrence of the Secretary of State, to 

11 train, equip, and provide related assistance to military or 

12 security forces in Iraq and Afghanistan, to enhance their 

13 capability to combat terrorism and to support U.S. mili14 tary operations in Iraq and Afghanistan: Provided, That 

15 such assistance may include the provision of equipment, 

16 supplies, services, training and funding: Provided further, 

17 That the authority to provide assistance under this section 

18 is in addition to any other authority to provide assistance 

19 to foreign nations: Provided further, That the Secretary 

20 of Defense shall notify the congressional defense commit21 tees, the Committee on International Relations of the 

22 House of Representatives, and the Committee on Foreign 

23 Relations of the Senate not less than 15 days before pro24 viding assistance under the authority of this section. 
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HR 4613 PCS 

1 SEC. 9009. From funds made available in this title 

2 to the Department of Defense for operation and mainte3 nance, not to exceed $300,000,000 may be used, notwith4 standing any other provision of law, to fund the Com5 mander’s Emergency Response Program, for the purpose 

6 of enabling military commanders in Iraq to respond to ur7 gent humanitarian relief and reconstruction requirements 

8 within their areas of responsibility by carrying out pro9 grams that will immediately assist the Iraqi people, and 

10 to fund a similar program to assist the people of Afghani11 stan: Provided, That the Secretary of Defense shall pro12 vide quarterly reports to the congressional defense com13 mittees regarding the source of funds and the allocation 

14 and use of funds made available pursuant to the authority 

15 provided in this section. 

16 SEC. 9010. Section 202(b) of the Afghanistan Free17 dom Support Act of 2002 (22 U.S.C. 7532(b)) is amended 

18 by striking ‘‘$450,000,000’’ and inserting in lieu thereof 

19 ‘‘$650,000,000’’. 

20 SEC. 9011. Funds available to the Department of De21 fense for operation and maintenance in this title may be 

22 used, notwithstanding any other provision of law, to pro23 vide supplies, services, transportation, including airlift and 

24 sealift, and other logistical support to coalition forces sup25 porting military and stability operations in Iraq and Af-
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HR 4613 PCS 

1 ghanistan: Provided, That the Secretary of Defense shall 

2 provide quarterly reports to the congressional defense 

3 committees regarding support provided under this section. 

4 SEC. 9012. (a) Not later than April 30 and October 

5 31 of each year, the Secretary of Defense shall submit 

6 to Congress a report on the military operations of the 

7 Armed Forces and the reconstruction activities of the De8 partment of Defense in Iraq and Afghanistan. 

9 (b) Each report shall include the following informa10 tion: 

11 (1) For each of Iraq and Afghanistan for the 

12 half-fiscal year ending during the month preceding 

13 the due date of the report, the amount expended for 

14 military operations of the Armed Forces and the 

15 amount expended for reconstruction activities, to16 gether with the cumulative total amounts expended 

17 for such operations and activities. 

18 (2) An assessment of the progress made toward 

19 preventing attacks on United States personnel. 

20 (3) An assessment of the effects of the oper21 ations and activities in Iraq and Afghanistan on the 

22 readiness of the Armed Forces. 

23 (4) An assessment of the effects of the oper24 ations and activities in Iraq and Afghanistan on the 
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1 recruitment and retention of personnel for the 

2 Armed Forces. 

3 (5) For the half-fiscal year ending during the 

4 month preceding the due date of the report, the 

5 costs incurred for repair of Department of Defense 

6 equipment used in the operations and activities in 

7 Iraq and Afghanistan. 

8 (6) The foreign countries, international organi9 zations, and nongovernmental organizations that are 

10 contributing support for the ongoing military oper11 ations and reconstruction activities, together with a 

12 discussion of the amount and types of support con13 tributed by each during the half-fiscal year ending 

14 during the month preceding the due date of the re15 port. 

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

17 which, the Selected Reserve of the Ready Reserve of 

18 the Armed Forces is being involuntarily ordered to 

19 active duty under section 12304 of title 10, United 

20 States Code. 

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

22 United States and the other reserve components of 

23 the Armed Forces on active duty pursuant to an 

24 order to active duty under section 12304 of title 10, 

25 United States Code, the following information: 
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HR 4613 PCS 

1 (A) The unit. 

2 (B) The projected date of return of the 

3 unit to its home station. 

4 (C) The extent (by percentage) to which 

5 the forces deployed within the United States 

6 and outside the United States in support of a 

7 contingency operation are composed of reserve 

8 component forces. 

9 SEC. 9013. Authorities contained in sections 402, 

10 407, and 605 of division B of Public Law 108–199 shall 

11 also apply to amounts provided in this title for the Depart12 ment of State. 

13 SEC. 9014. Congress, consistent with international 

14 and United States law, reaffirms that torture of prisoners 

15 of war and detainees is illegal and does not reflect the 

16 policies of the United States Government or the values of 

17 the people of the United States. 

18 SEC. 9015. The President shall provide to the Con19 gress a report detailing the estimated costs over the period 

20 from fiscal year 2006 to 2011 of Operation Iraqi Freedom 

21 and Operation Enduring Freedom, or any related military 

22 operations in and around Iraq and Afghanistan, and the 

23 estimated costs of reconstruction, internal security, and 

24 related economic support to Iraq and Afghanistan: Pro25 vided, That the President may waive the requirement to 
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HR 4613 PCS 

1 submit this report only if the President certifies in writing 

2 to the Congress that estimates of these future military and 

3 economic support costs cannot be provided for purposes 

4 of national security: Provided further, That the report ref5 erenced above shall be submitted no later than October 

6 1, 2004. 

7 SEC. 9016. Section 3101 of title 31, United States 

8 Code, is amended by adding at the end the following new 

9 subsection: 

10 ‘‘(d) The United States Government shall take 

11 all steps necessary to guarantee the full faith and 

12 credit of the Government.’’. 

13 SEC. 9017. From within funds made available in 

14 chapter 1 of this title, the Secretary of Defense shall use 

15 such funds as necessary to provide to Congress, not later 

16 than 4 months after the date of the enactment of this Act, 

17 a list of all contracts entered into by the Department of 

18 Defense for the provision of security, translation, and in19 terrogation services in Iraq, Afghanistan, or Guantanamo 

20 Bay, and the amount of each such contract. 

21 SEC. 9018. None of the funds made available in chap22 ter 1 of this title may be used to fund any contract in 

23 contravention of section 8(d)(6) of the Small Business Act 

24 (15 U.S.C. 637(d)(6)). 
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HR 4613 PCS 

1 This Act may be cited as the ‘‘Department of Defense 

2 Appropriations Act, 2005’’. 

Passed the House of Representatives June 22, 2004. 

Attest: JEFF TRANDAHL, 

Clerk. 

Calendar No. 594 

108TH CONGRESS 

2D SESSION H. R. 4613 

AN ACT 

Making appropriations for the Department of De2005, and for other purposes. fense for the fiscal year ending September 30, 

JUNE 23 (legislative day, JUNE 22), 2004 

Received; read twice and placed on the calendar