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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4613 Placed on Calendar Senate (PCS)]

                                                       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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any

money in the Treasury not otherwise appropriated, for the fiscal year 
ending September 30, 2005, for military functions administered by the 
Department of Defense, and for other purposes, namely:

                                TITLE I

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Army on active duty, (except members of reserve components provided 
for elsewhere), cadets, and aviation cadets; and for payments pursuant 
to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), 
and to the Department of Defense Military Retirement Fund, 
$29,507,672,000.

                        Military Personnel, Navy

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Navy on active duty (except members of the Reserve provided for 
elsewhere), midshipmen, and aviation cadets; and for payments pursuant 
to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), 
and to the Department of Defense Military Retirement Fund, 
$24,416,157,000.

                    Military Personnel, Marine Corps

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Marine Corps on active duty (except members of the Reserve provided 
for elsewhere); and for payments pursuant to section 156 of Public Law 
97-377, as amended (42 U.S.C. 402 note), and to the Department of 
Defense Military Retirement Fund, $9,591,102,000.

                     Military Personnel, Air Force

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Air Force on active duty (except members of reserve components 
provided for elsewhere), cadets, and aviation cadets; and for payments 
pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 
note), and to the Department of Defense Military Retirement Fund, 
$24,291,411,000.

                        Reserve Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army Reserve on active duty under 
sections 10211, 10302, and 3038 of title 10, United States Code, or 
while serving on active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty or other duty, 
and for members of the Reserve Officers' Training Corps, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$3,719,990,000.

                        Reserve Personnel, Navy

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Navy Reserve on active duty under 
section 10211 of title 10, United States Code, or while serving on 
active duty under section 12301(d) of title 10, United States Code, in 
connection with performing duty specified in section 12310(a) of title 
10, United States Code, or while undergoing reserve training, or while 
performing drills or equivalent duty, and for members of the Reserve 
Officers' Training Corps, and expenses authorized by section 16131 of 
title 10, United States Code; and for payments to the Department of 
Defense Military Retirement Fund, $2,108,232,000.

                    Reserve Personnel, Marine Corps

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Marine Corps Reserve on active 
duty under section 10211 of title 10, United States Code, or while 
serving on active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty, and for 
members of the Marine Corps platoon leaders class, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$653,073,000.

                      Reserve Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air Force Reserve on active duty 
under sections 10211, 10305, and 8038 of title 10, United States Code, 
or while serving on active duty under section 12301(d) of title 10, 
United States Code, in connection with performing duty specified in 
section 12310(a) of title 10, United States Code, or while undergoing 
reserve training, or while performing drills or equivalent duty or 
other duty, and for members of the Air Reserve Officers' Training 
Corps, and expenses authorized by section 16131 of title 10, United 
States Code; and for payments to the Department of Defense Military 
Retirement Fund, $1,451,950,000.

                     National Guard Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army National Guard while on duty 
under section 10211, 10302, or 12402 of title 10 or section 708 of 
title 32, United States Code, or while serving on duty under section 
12301(d) of title 10 or section 502(f) of title 32, United States Code, 
in connection with performing duty specified in section 12310(a) of 
title 10, United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$5,915,229,000.

                  National Guard Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air National Guard on duty under 
section 10211, 10305, or 12402 of title 10 or section 708 of title 32, 
United States Code, or while serving on duty under section 12301(d) of 
title 10 or section 502(f) of title 32, United States Code, in 
connection with performing duty specified in section 12310(a) of title 
10, United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$2,536,742,000.

                                TITLE II

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

                     (including transfer of funds)

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Army, as authorized by law; and not to 
exceed $11,144,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of the Army, and payments may be made on his certificate of necessity 
for confidential military purposes, $25,820,311,000: Provided, That of 
the funds appropriated in this paragraph, not less than $355,000,000 
shall be made available only for conventional ammunition care and 
maintenance: Provided further, That of funds made available under this 
heading, $2,500,000 shall be available for Fort Baker, in accordance 
with the terms and conditions as provided under the heading ``Operation 
and Maintenance, Army'', in Public Law 107-117.

                    Operation and Maintenance, Navy

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Navy and the Marine Corps, as 
authorized by law; and not to exceed $4,525,000 can be used for 
emergencies and extraordinary expenses, to be expended on the approval 
or authority of the Secretary of the Navy, and payments may be made on 
his certificate of necessity for confidential military purposes, 
$29,570,090,000.

                Operation and Maintenance, Marine Corps

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Marine Corps, as authorized by law, 
$3,605,815,000.

                  Operation and Maintenance, Air Force

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Air Force, as authorized by law; and 
not to exceed $7,699,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of the Air Force, and payments may be made on his certificate of 
necessity for confidential military purposes, $27,994,110,000: 
Provided, That notwithstanding any other provision of law, that of the 
funds available under this heading, $750,000 shall only be available to 
the Secretary of the Air Force for a grant to Florida Memorial College 
for the purpose of funding minority aviation training.

                Operation and Maintenance, Defense-Wide

                     (including transfer of funds)

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of activities and agencies of the Department 
of Defense (other than the military departments), as authorized by law, 
$17,346,411,000, of which not to exceed $25,000,000 may be available 
for the Combatant Commander Initiative Fund; and of which not to exceed 
$40,000,000 can be used for emergencies and extraordinary expenses, to 
be expended on the approval or authority of the Secretary of Defense, 
and payments may be made on his certificate of necessity for 
confidential military purposes: Provided, That notwithstanding any 
other provision of law, of the funds provided in this Act for Civil 
Military programs under this heading, $500,000 shall be available for a 
grant for Outdoor Odyssey, Roaring Run, Pennsylvania, to support the 
Youth Development and Leadership program and Department of Defense 
STARBASE program: Provided further, That of the funds made available 
under this heading, $3,000,000 shall be available only for a 
Washington-based internship and immersion program to allow U.S. Asian-
American Pacific Islander undergraduate college and university students 
from economically disadvantaged backgrounds to participate in academic 
and educational programs in the Department of Defense and related 
Federal defense agencies: Provided further, That none of the funds 
appropriated or otherwise made available by this Act may be used to 
plan or implement the consolidation of a budget or appropriations 
liaison office of the Office of the Secretary of Defense, the office of 
the Secretary of a military department, or the service headquarters of 
one of the Armed Forces into a legislative affairs or legislative 
liaison office: Provided further, That $4,000,000, to remain available 
until expended, is available only for expenses relating to certain 
classified activities, and may be transferred as necessary by the 
Secretary to operation and maintenance appropriations or research, 
development, test and evaluation appropriations, to be merged with and 
to be available for the same time period as the appropriations to which 
transferred: Provided further, That any ceiling on the investment item 
unit cost of items that may be purchased with operation and maintenance 
funds shall not apply to the funds described in the preceding proviso: 
Provided further, That the transfer authority provided under this 
heading is in addition to any other transfer authority provided 
elsewhere in this Act.

                Operation and Maintenance, Army Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Army Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $1,976,128,000.

                Operation and Maintenance, Navy Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Navy Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $1,233,038,000.

            Operation and Maintenance, Marine Corps Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Marine Corps Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $187,196,000.

              Operation and Maintenance, Air Force Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Air Force Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $2,227,190,000.

             Operation and Maintenance, Army National Guard

    For expenses of training, organizing, and administering the Army 
National Guard, including medical and hospital treatment and related 
expenses in non-Federal hospitals; maintenance, operation, and repairs 
to structures and facilities; hire of passenger motor vehicles; 
personnel services in the National Guard Bureau; travel expenses (other 
than mileage), as authorized by law for Army personnel on active duty, 
for Army National Guard division, regimental, and battalion commanders 
while inspecting units in compliance with National Guard Bureau 
regulations when specifically authorized by the Chief, National Guard 
Bureau; supplying and equipping the Army National Guard as authorized 
by law; and expenses of repair, modification, maintenance, and issue of 
supplies and equipment (including aircraft), $4,376,886,000.

             Operation and Maintenance, Air National Guard

    For expenses of training, organizing, and administering the Air 
National Guard, including medical and hospital treatment and related 
expenses in non-Federal hospitals; maintenance, operation, and repairs 
to structures and facilities; transportation of things, hire of 
passenger motor vehicles; supplying and equipping the Air National 
Guard, as authorized by law; expenses for repair, modification, 
maintenance, and issue of supplies and equipment, including those 
furnished from stocks under the control of agencies of the Department 
of Defense; travel expenses (other than mileage) on the same basis as 
authorized by law for Air National Guard personnel on active Federal 
duty, for Air National Guard commanders while inspecting units in 
compliance with National Guard Bureau regulations when specifically 
authorized by the Chief, National Guard Bureau, $4,438,738,000.

            Overseas Contingency Operations Transfer Account

                     (including transfer of funds)

    For expenses directly relating to Overseas Contingency Operations 
by United States military forces, $5,000,000, to remain available until 
expended: Provided, That the Secretary of Defense may transfer these 
funds only to military personnel accounts; operation and maintenance 
accounts within this title; the Defense Health Program appropriation; 
procurement accounts; research, development, test and evaluation 
accounts; and to working capital funds: Provided further, That the 
funds transferred shall be merged with and shall be available for the 
same purposes and for the same time period, as the appropriation to 
which transferred: Provided further, That upon a determination that all 
or part of the funds transferred from this appropriation are not 
necessary for the purposes provided herein, such amounts may be 
transferred back to this appropriation: Provided further, That the 
transfer authority provided in this paragraph is in addition to any 
other transfer authority contained elsewhere in this Act.

          United States Court of Appeals for the Armed Forces

    For salaries and expenses necessary for the United States Court of 
Appeals for the Armed Forces, $10,825,000, of which not to exceed 
$5,000 may be used for official representation purposes.

                    Environmental Restoration, Army

                     (including transfer of funds)

    For the Department of the Army, $400,948,000, to remain available 
until transferred: Provided, That the Secretary of the Army shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of the Army, or for similar purposes, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of the Army, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which transferred: Provided 
further, That upon a determination that all or part of the funds 
transferred from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation.

                    Environmental Restoration, Navy

                     (including transfer of funds)

    For the Department of the Navy, $266,820,000, to remain available 
until transferred: Provided, That the Secretary of the Navy shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of the Navy, or for similar purposes, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of the Navy, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which transferred: Provided 
further, That upon a determination that all or part of the funds 
transferred from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation.

                  Environmental Restoration, Air Force

                     (including transfer of funds)

    For the Department of the Air Force, $397,368,000, to remain 
available until transferred: Provided, That the Secretary of the Air 
Force shall, upon determining that such funds are required for 
environmental restoration, reduction and recycling of hazardous waste, 
removal of unsafe buildings and debris of the Department of the Air 
Force, or for similar purposes, transfer the funds made available by 
this appropriation to other appropriations made available to the 
Department of the Air Force, to be merged with and to be available for 
the same purposes and for the same time period as the appropriations to 
which transferred: Provided further, That upon a determination that all 
or part of the funds transferred from this appropriation are not 
necessary for the purposes provided herein, such amounts may be 
transferred back to this appropriation.

                Environmental Restoration, Defense-Wide

                     (including transfer of funds)

    For the Department of Defense, $26,684,000, to remain available 
until transferred: Provided, That the Secretary of Defense shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of Defense, or for similar purposes, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of Defense, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which transferred: Provided 
further, That upon a determination that all or part of the funds 
transferred from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation.

         Environmental Restoration, Formerly Used Defense Sites

                     (including transfer of funds)

    For the Department of the Army, $216,516,000, to remain available 
until transferred: Provided, That the Secretary of the Army shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris at sites formerly used by the Department of Defense, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of the Army, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which transferred: Provided 
further, That upon a determination that all or part of the funds 
transferred from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation.

             Overseas Humanitarian, Disaster, and Civic Aid

    For expenses relating to the Overseas Humanitarian, Disaster, and 
Civic Aid programs of the Department of Defense (consisting of the 
programs provided under sections 401, 402, 404, 2557, and 2561 of title 
10, United States Code), $59,000,000, to remain available until 
September 30, 2006.

              Former Soviet Union Threat Reduction Account

    For assistance to the republics of the former Soviet Union, 
including assistance provided by contract or by grants, for 
facilitating the elimination and the safe and secure transportation and 
storage of nuclear, chemical and other weapons; for establishing 
programs to prevent the proliferation of weapons, weapons components, 
and weapon-related technology and expertise; for programs relating to 
the training and support of defense and military personnel for 
demilitarization and protection of weapons, weapons components and 
weapons technology and expertise, and for defense and military 
contacts, $409,200,000, to remain available until September 30, 2007.

                               TITLE III

                              PROCUREMENT

                       Aircraft Procurement, Army

    For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes, $3,107,941,000, to remain available for obligation until 
September 30, 2007, of which $320,600,000 shall be for the Army 
National Guard and Army Reserve.

                       Missile Procurement, Army

    For construction, procurement, production, modification, and 
modernization of missiles, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes, $1,327,000,000, to remain available for obligation until 
September 30, 2007, of which $29,400,000 shall be for the Army National 
Guard and Army Reserve.

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For construction, procurement, production, and modification of 
weapons and tracked combat vehicles, equipment, including ordnance, 
spare parts, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including the 
land necessary therefor, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway; 
and other expenses necessary for the foregoing purposes, 
$2,773,695,000, to remain available for obligation until September 30, 
2007, of which $13,700,000 shall be for the Army National Guard and 
Army Reserve.

                    Procurement of Ammunition, Army

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities authorized by section 2854 of title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for 
the foregoing purposes, $1,608,302,000, to remain available for 
obligation until September 30, 2007, of which $215,900,000 shall be for 
the Army National Guard and Army Reserve.

                        Other Procurement, Army

    For construction, procurement, production, and modification of 
vehicles, including tactical, support, and non-tracked combat vehicles; 
the purchase of passenger motor vehicles for replacement only; 
communications and electronic equipment; other support equipment; spare 
parts, ordnance, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including the 
land necessary therefor, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway; 
and other expenses necessary for the foregoing purposes, 
$4,868,371,000, to remain available for obligation until September 30, 
2007, of which $900,000,000 shall be for the Army National Guard and 
Army Reserve.

                       Aircraft Procurement, Navy

    For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, spare parts, 
and accessories therefor; specialized equipment; expansion of public 
and private plants, including the land necessary therefor, and such 
lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway, $8,841,824,000, to remain available for obligation 
until September 30, 2007, of which $89,846,000 shall be for the Navy 
Reserve and Marine Corps Reserve.

                       Weapons Procurement, Navy

    For construction, procurement, production, modification, and 
modernization of missiles, torpedoes, other weapons, and related 
support equipment including spare parts, and accessories therefor; 
expansion of public and private plants, including the land necessary 
therefor, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway, $1,993,754,000, to remain available 
for obligation until September 30, 2007.

            Procurement of Ammunition, Navy and Marine Corps

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities authorized by section 2854 of title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for 
the foregoing purposes, $885,340,000, to remain available for 
obligation until September 30, 2007, of which $27,130,000 shall be for 
the Navy Reserve and Marine Corps Reserve.

                   Shipbuilding and Conversion, Navy

    For expenses necessary for the construction, acquisition, or 
conversion of vessels as authorized by law, including armor and 
armament thereof, plant equipment, appliances, and machine tools and 
installation thereof in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; procurement of 
critical, long leadtime components and designs for vessels to be 
constructed or converted in the future; and expansion of public and 
private plants, including land necessary therefor, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title, as follows:
    Carrier Replacement program (AP), $626,084,000;
    NSSN, $1,581,143,000;
    NSSN (AP), $871,864,000;
    SSGN, $469,226,000;
    SSGN (AP), $48,000,000;
    CVN Refueling Overhauls (AP), $333,061,000;
    SSN Submarine Refueling Overhauls (AP), $19,368,000;
    SSBN Submarine Refueling Overhauls, $262,229,000;
    SSBN Submarine Refueling Overhauls (AP), $63,971,000;
    DDG-51 Destroyer, $3,444,950,000;
    DDG-51 Destroyer (AP), $125,000,000;
    DDG-51 Modernization, $100,000,000;
    LHD-8, $236,018,000;
    LPD-17, $966,559,000;
    LCU(X), $25,048,000;
    Service Craft, $38,599,000;
    LCAC Landing Craft Air Cushion SLEP, $90,490,000;
    Prior year shipbuilding costs, $484,390,000; and
    For outfitting, post delivery, conversions, and first destination 
transportation, $403,327,000.
    In all: $10,189,327,000, to remain available for obligation until 
September 30, 2009: Provided, That additional obligations may be 
incurred after September 30, 2009, for engineering services, tests, 
evaluations, and other such budgeted work that must be performed in the 
final stage of ship construction: Provided further, That none of the 
funds provided under this heading for the construction or conversion of 
any naval vessel to be constructed in shipyards in the United States 
shall be expended in foreign facilities for the construction of major 
components of such vessel: Provided further, That none of the funds 
provided under this heading shall be used for the construction of any 
naval vessel in foreign shipyards.

                        Other Procurement, Navy

    For procurement, production, and modernization of support equipment 
and materials not otherwise provided for, Navy ordnance (except 
ordnance for new aircraft, new ships, and ships authorized for 
conversion); the purchase of passenger motor vehicles for replacement 
only; expansion of public and private plants, including the land 
necessary therefor, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title; and procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway, $4,980,325,000, to 
remain available for obligation until September 30, 2007, of which 
$37,373,000 shall be for the Navy Reserve and Marine Corps Reserve: 
Provided, That funds available in this appropriation may be used for 
TRIDENT modifications associated with force protection and security 
requirements.

                       Procurement, Marine Corps

    For expenses necessary for the procurement, manufacture, and 
modification of missiles, armament, military equipment, spare parts, 
and accessories therefor; plant equipment, appliances, and machine 
tools, and installation thereof in public and private plants; reserve 
plant and Government and contractor-owned equipment layaway; vehicles 
for the Marine Corps, including the purchase of passenger motor 
vehicles for replacement only; and expansion of public and private 
plants, including land necessary therefor, and such lands and interests 
therein, may be acquired, and construction prosecuted thereon prior to 
approval of title, $1,462,703,000, to remain available for obligation 
until September 30, 2007, of which $55,608,000 shall be available for 
the Marine Corps Reserve.

                    Aircraft Procurement, Air Force

    For construction, procurement, and modification of aircraft and 
equipment, including armor and armament, specialized ground handling 
equipment, and training devices, spare parts, and accessories therefor; 
specialized equipment; expansion of public and private plants, 
Government-owned equipment and installation thereof in such plants, 
erection of structures, and acquisition of land, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; reserve 
plant and Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes including rents and 
transportation of things, $13,289,984,000, to remain available for 
obligation until September 30, 2007, of which $303,700,000 shall be 
available for the Air National Guard and Air Force Reserve: Provided, 
That amounts provided under this heading shall be used for the 
procurement of 15 C-17 aircraft: Provided further, That amounts 
provided under this heading shall be used for the advance procurement 
of not less than 15 C-17 aircraft: Provided further, That the Secretary 
of the Air Force shall fully fund the procurement of not less than 15 
C-17 aircraft in fiscal year 2006.

                     Missile Procurement, Air Force

    For construction, procurement, and modification of missiles, 
spacecraft, rockets, and related equipment, including spare parts and 
accessories therefor, ground handling equipment, and training devices; 
expansion of public and private plants, Government-owned equipment and 
installation thereof in such plants, erection of structures, and 
acquisition of land, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for 
the foregoing purposes including rents and transportation of things, 
$4,425,013,000, to remain available for obligation until September 30, 
2007.

                  Procurement of Ammunition, Air Force

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities authorized by section 2854 of title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for 
the foregoing purposes, $1,346,557,000, to remain available for 
obligation until September 30, 2007, of which $150,500,000 shall be for 
the Air National Guard and Air Force Reserve.

                      Other Procurement, Air Force

    For procurement and modification of equipment (including ground 
guidance and electronic control equipment, and ground electronic and 
communication equipment), and supplies, materials, and spare parts 
therefor, not otherwise provided for; the purchase of passenger motor 
vehicles for replacement only; lease of passenger motor vehicles; and 
expansion of public and private plants, Government-owned equipment and 
installation thereof in such plants, erection of structures, and 
acquisition of land, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted 
thereon, prior to approval of title; reserve plant and Government and 
contractor-owned equipment layaway, $13,199,607,000, to remain 
available for obligation until September 30, 2007, of which 
$198,300,000 shall be for the Air National Guard and Air Force Reserve.

                       Procurement, Defense-Wide

    For expenses of activities and agencies of the Department of 
Defense (other than the military departments) necessary for 
procurement, production, and modification of equipment, supplies, 
materials, and spare parts therefor, not otherwise provided for; the 
purchase of passenger motor vehicles for replacement only; expansion of 
public and private plants, equipment, and installation thereof in such 
plants, erection of structures, and acquisition of land for the 
foregoing purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title; reserve plant and Government and contractor-owned equipment 
layaway, $3,028,033,000, to remain available for obligation until 
September 30, 2007.

                    Defense Production Act Purchases

    For activities by the Department of Defense pursuant to sections 
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C. 
App. 2078, 2091, 2092, and 2093), $27,015,000, to remain available 
until expended.

                                TITLE IV

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$10,220,123,000, to remain available for obligation until September 30, 
2006: Provided, That of the amounts provided under this heading, 
$10,000,000 for Molecular Genetics and Musculoskeletal Research in 
program element 0602787A shall remain available until expended.

            Research, Development, Test and Evaluation, Navy

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$16,532,361,000, to remain available for obligation until September 30, 
2006: Provided, That funds appropriated in this paragraph which are 
available for the V-22 may be used to meet unique operational 
requirements of the Special Operations Forces: Provided further, That 
funds appropriated in this paragraph shall be available for the Cobra 
Judy program.

         Research, Development, Test and Evaluation, Air Force

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$21,033,622,000, to remain available for obligation until September 30, 
2006.

        Research, Development, Test and Evaluation, Defense-Wide

    For expenses of activities and agencies of the Department of 
Defense (other than the military departments), necessary for basic and 
applied scientific research, development, test and evaluation; advanced 
research projects as may be designated and determined by the Secretary 
of Defense, pursuant to law; maintenance, rehabilitation, lease, and 
operation of facilities and equipment, $20,851,271,000, to remain 
available for obligation until September 30, 2006.

                Operational Test and Evaluation, Defense

    For expenses, not otherwise provided for, necessary for the 
independent activities of the Director, Operational Test and 
Evaluation, in the direction and supervision of operational test and 
evaluation, including initial operational test and evaluation which is 
conducted prior to, and in support of, production decisions; joint 
operational testing and evaluation; and administrative expenses in 
connection therewith, $309,135,000, to remain available for obligation 
until September 30, 2006.

                                TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

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

                     National Defense Sealift Fund

    For National Defense Sealift Fund programs, projects, and 
activities, and for expenses of the National Defense Reserve Fleet, as 
established by section 11 of the Merchant Ship Sales Act of 1946 (50 
U.S.C. App. 1744), and for the necessary expenses to maintain and 
preserve a U.S.-flag merchant fleet to serve the national security 
needs of the United States, $1,186,626,000, to remain available until 
expended: Provided, That none of the funds provided in this paragraph 
shall be used to award a new contract that provides for the acquisition 
of any of the following major components unless such components are 
manufactured in the United States: auxiliary equipment, including 
pumps, for all shipboard services; propulsion system components (that 
is; engines, reduction gears, and propellers); shipboard cranes; and 
spreaders for shipboard cranes: Provided further, That the exercise of 
an option in a contract awarded through the obligation of previously 
appropriated funds shall not be considered to be the award of a new 
contract: Provided further, That the Secretary of the military 
department responsible for such procurement may waive the restrictions 
in the first proviso on a case-by-case basis by certifying in writing 
to the Committees on Appropriations of the House of Representatives and 
the Senate that adequate domestic supplies are not available to meet 
Department of Defense requirements on a timely basis and that such an 
acquisition must be made in order to acquire capability for national 
security purposes.

                                TITLE VI

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For expenses, not otherwise provided for, for medical and health 
care programs of the Department of Defense, as authorized by law, 
$17,959,186,000, of which $17,148,069,000 shall be for Operation and 
maintenance, of which not to exceed 2 percent shall remain available 
until September 30, 2006; of which $364,635,000, to remain available 
for obligation until September 30, 2007, shall be for Procurement; and 
of which $446,482,000, to remain available for obligation until 
September 30, 2006, shall be for Research, development, test and 
evaluation: Provided, That notwithstanding any other provision of law, 
of the amount made available under this heading for Operation and 
maintenance, $11,000,000 shall remain available until expended, and 
shall be available only for deposit into the Army Fisher House Non-
Appropriated Fund Instrumentality and shall be used in support and 
upkeep of existing Fisher Houses managed by the Army: Provided further, 
That notwithstanding any other provision of law, of the amount made 
available under this heading for Research, development, test and 
evaluation, not less than $10,000,000 shall be available for HIV 
prevention educational activities undertaken in connection with U.S. 
military training, exercises, and humanitarian assistance activities 
conducted primarily in African nations: Provided further, That Title VI 
of the Department of Defense Appropriations Act, 2004, in the 
appropriation for the Defense Health Program, is amended by adding 
before the period a comma and the following: ``and of which not less 
than $4,250,000 shall be available for HIV prevention educational 
activities undertaken in connection with U.S. military training, 
exercises, and humanitarian assistance activities conducted primarily 
in African nations''.

            Chemical Agents and Munitions Destruction, Army

    For expenses, not otherwise provided for, necessary for the 
destruction of the United States stockpile of lethal chemical agents 
and munitions in accordance with the provisions of section 1412 of the 
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for 
the destruction of other chemical warfare materials that are not in the 
chemical weapon stockpile, $1,371,990,000, of which $1,138,801,000 
shall be for Operation and maintenance to remain available until 
September 30, 2006; $78,980,000 shall be for Procurement to remain 
available until September 30, 2007; $154,209,000 shall be for Research, 
development, test and evaluation to remain available until September 
30, 2006; and no less than $137,404,000 may be for the Chemical 
Stockpile Emergency Preparedness Program, of which $44,631,000 shall be 
for activities on military installations and $92,773,000 shall be to 
assist State and local governments.

         Drug Interdiction and Counter-Drug Activities, Defense

                     (including transfer of funds)

    For drug interdiction and counter-drug activities of the Department 
of Defense, for transfer to appropriations available to the Department 
of Defense for military personnel of the reserve components serving 
under the provisions of title 10 and title 32, United States Code; for 
Operation and maintenance; for Procurement; and for Research, 
development, test and evaluation, $876,697,000: Provided, That the 
funds appropriated under this heading shall be available for obligation 
for the same time period and for the same purpose as the appropriation 
to which transferred: Provided further, That upon a determination that 
all or part of the funds transferred from this appropriation are not 
necessary for the purposes provided herein, such amounts may be 
transferred back to this appropriation: Provided further, That the 
transfer authority provided under this heading is in addition to any 
other transfer authority contained elsewhere in this Act.

                    Office of the Inspector General

    For expenses and activities of the Office of the Inspector General 
in carrying out the provisions of the Inspector General Act of 1978, as 
amended, $193,562,000, of which $191,362,000 shall be for Operation and 
maintenance, of which not to exceed $700,000 is available for 
emergencies and extraordinary expenses to be expended on the approval 
or authority of the Inspector General, and payments may be made on the 
Inspector General's certificate of necessity for confidential military 
purposes; and of which $2,100,000, to remain available until September 
30, 2007, shall be for Procurement; and of which $100,000, to remain 
available until September 30, 2006, shall be for Research, development, 
test and evaluation.

                               TITLE VII

                            RELATED AGENCIES

   Central Intelligence Agency Retirement and Disability System Fund

    For payment to the Central Intelligence Agency Retirement and 
Disability System Fund, to maintain the proper funding level for 
continuing the operation of the Central Intelligence Agency Retirement 
and Disability System, $239,400,000.

               Intelligence Community Management Account

                     (including transfer of funds)

    For necessary expenses of the Intelligence Community Management 
Account, $309,644,000, of which $26,953,000 for the Advanced Research 
and Development Committee shall remain available until September 30, 
2006: Provided, That of the funds appropriated under this heading, 
$46,100,000 shall be transferred to the Department of Justice for the 
National Drug Intelligence Center to support the Department of 
Defense's counter-drug intelligence responsibilities, and of the said 
amount, $1,500,000 for Procurement shall remain available until 
September 30, 2007 and $1,000,000 for Research, development, test and 
evaluation shall remain available until September 30, 2006: Provided 
further, That the National Drug Intelligence Center shall maintain the 
personnel and technical resources to provide timely support to law 
enforcement authorities and the intelligence community by conducting 
document and computer exploitation of materials collected in Federal, 
State, and local law enforcement activity associated with counter-drug, 
counter-terrorism, and national security investigations and operations.

                 National Security Education Trust Fund

    For the purposes of title VIII of Public Law 102-183, $8,000,000, 
to be derived from the National Security Education Trust Fund, to 
remain available until expended.

                               TITLE VIII

                           GENERAL PROVISIONS

    Sec. 8001. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes not authorized by the 
Congress.
    Sec. 8002. During the current fiscal year, provisions of law 
prohibiting the payment of compensation to, or employment of, any 
person not a citizen of the United States shall not apply to personnel 
of the Department of Defense: Provided, That salary increases granted 
to direct and indirect hire foreign national employees of the 
Department of Defense funded by this Act shall not be at a rate in 
excess of the percentage increase authorized by law for civilian 
employees of the Department of Defense whose pay is computed under the 
provisions of section 5332 of title 5, United States Code, or at a rate 
in excess of the percentage increase provided by the appropriate host 
nation to its own employees, whichever is higher: Provided further, 
That this section shall not apply to Department of Defense foreign 
service national employees serving at United States diplomatic missions 
whose pay is set by the Department of State under the Foreign Service 
Act of 1980: Provided further, That the limitations of this provision 
shall not apply to foreign national employees of the Department of 
Defense in the Republic of Turkey.
    Sec. 8003. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year, unless 
expressly so provided herein.
    Sec. 8004. No more than 20 percent of the appropriations in this 
Act which are limited for obligation during the current fiscal year 
shall be obligated during the last 2 months of the fiscal year: 
Provided, That this section shall not apply to obligations for support 
of active duty training of reserve components or summer camp training 
of the Reserve Officers' Training Corps.

                          (transfer of funds)

    Sec. 8005. Upon determination by the Secretary of Defense that such 
action is necessary in the national interest, he may, with the approval 
of the Office of Management and Budget, transfer not to exceed 
$3,000,000,000 of working capital funds of the Department of Defense or 
funds made available in this Act to the Department of Defense for 
military functions (except military construction) between such 
appropriations or funds or any subdivision thereof, to be merged with 
and to be available for the same purposes, and for the same time 
period, as the appropriation or fund to which transferred: Provided, 
That such authority to transfer may not be used unless for higher 
priority items, based on unforeseen military requirements, than those 
for which originally appropriated and in no case where the item for 
which funds are requested has been denied by the Congress: Provided 
further, That the Secretary of Defense shall notify the Congress 
promptly of all transfers made pursuant to this authority or any other 
authority in this Act: Provided further, That no part of the funds in 
this Act shall be available to prepare or present a request to the 
Committees on Appropriations for reprogramming of funds, unless for 
higher priority items, based on unforeseen military requirements, than 
those for which originally appropriated and in no case where the item 
for which reprogramming is requested has been denied by the Congress: 
Provided further, That a request for multiple reprogrammings of funds 
using authority provided in this section must be made prior to June 30, 
2005: Provided further, That transfers among military personnel 
appropriations shall not be taken into account for purposes of the 
limitation on the amount of funds that may be transferred under this 
section.

                          (transfer of funds)

    Sec. 8006. During the current fiscal year, cash balances in working 
capital funds of the Department of Defense established pursuant to 
section 2208 of title 10, United States Code, may be maintained in only 
such amounts as are necessary at any time for cash disbursements to be 
made from such funds: Provided, That transfers may be made between such 
funds: Provided further, That transfers may be made between working 
capital funds and the ``Foreign Currency Fluctuations, Defense'' 
appropriation and the ``Operation and Maintenance'' appropriation 
accounts in such amounts as may be determined by the Secretary of 
Defense, with the approval of the Office of Management and Budget, 
except that such transfers may not be made unless the Secretary of 
Defense has notified the Congress of the proposed transfer. Except in 
amounts equal to the amounts appropriated to working capital funds in 
this Act, no obligations may be made against a working capital fund to 
procure or increase the value of war reserve material inventory, unless 
the Secretary of Defense has notified the Congress prior to any such 
obligation.
    Sec. 8007. Funds appropriated by this Act may not be used to 
initiate a special access program without prior notification 30 
calendar days in session in advance to the congressional defense 
committees.
    Sec. 8008. None of the funds provided in this Act shall be 
available to initiate: (1) a multiyear contract that employs economic 
order quantity procurement in excess of $20,000,000 in any 1 year of 
the contract or that includes an unfunded contingent liability in 
excess of $20,000,000; or (2) a contract for advance procurement 
leading to a multiyear contract that employs economic order quantity 
procurement in excess of $20,000,000 in any 1 year, unless the 
congressional defense committees have been notified at least 30 days in 
advance of the proposed contract award: Provided, That no part of any 
appropriation contained in this Act shall be available to initiate a 
multiyear contract for which the economic order quantity advance 
procurement is not funded at least to the limits of the Government's 
liability: Provided further, That no part of any appropriation 
contained in this Act shall be available to initiate multiyear 
procurement contracts for any systems or component thereof if the value 
of the multiyear contract would exceed $500,000,000 unless specifically 
provided in this Act: Provided further, That no multiyear procurement 
contract can be terminated without 10-day prior notification to the 
congressional defense committees: Provided further, That the execution 
of multiyear authority shall require the use of a present value 
analysis to determine lowest cost compared to an annual procurement: 
Provided further, That none of the funds provided in this Act may be 
used for a multiyear contract executed after the date of the enactment 
of this Act unless in the case of any such contract--
            (1) the Secretary of Defense has submitted to Congress a 
        budget request for full funding of units to be procured through 
        the contract;
            (2) cancellation provisions in the contract do not include 
        consideration of recurring manufacturing costs of the 
        contractor associated with the production of unfunded units to 
        be delivered under the contract;
            (3) the contract provides that payments to the contractor 
        under the contract shall not be made in advance of incurred 
        costs on funded units; and
            (4) the contract does not provide for a price adjustment 
        based on a failure to award a follow-on contract.
    Funds appropriated in title III of this Act may be used for a 
multiyear procurement contract as follows:
            Lightweight 155mm Howitzer.
    Sec. 8009. Within the funds appropriated for the operation and 
maintenance of the Armed Forces, funds are hereby appropriated pursuant 
to section 401 of title 10, United States Code, for humanitarian and 
civic assistance costs under chapter 20 of title 10, United States 
Code. Such funds may also be obligated for humanitarian and civic 
assistance costs incidental to authorized operations and pursuant to 
authority granted in section 401 of chapter 20 of title 10, United 
States Code, and these obligations shall be reported as required by 
section 401(d) of title 10, United States Code: Provided, That funds 
available for operation and maintenance shall be available for 
providing humanitarian and similar assistance by using Civic Action 
Teams in the Trust Territories of the Pacific Islands and freely 
associated states of Micronesia, pursuant to the Compact of Free 
Association as authorized by Public Law 99-239: Provided further, That 
upon a determination by the Secretary of the Army that such action is 
beneficial for graduate medical education programs conducted at Army 
medical facilities located in Hawaii, the Secretary of the Army may 
authorize the provision of medical services at such facilities and 
transportation to such facilities, on a nonreimbursable basis, for 
civilian patients from American Samoa, the Commonwealth of the Northern 
Mariana Islands, the Marshall Islands, the Federated States of 
Micronesia, Palau, and Guam.
    Sec. 8010. (a) During fiscal year 2005, the civilian personnel of 
the Department of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal year 
shall not be subject to any constraint or limitation (known as an end-
strength) on the number of such personnel who may be employed on the 
last day of such fiscal year.
    (b) The fiscal year 2006 budget request for the Department of 
Defense as well as all justification material and other documentation 
supporting the fiscal year 2006 Department of Defense budget request 
shall be prepared and submitted to the Congress as if subsections (a) 
and (b) of this provision were effective with regard to fiscal year 
2006.
    (c) Nothing in this section shall be construed to apply to military 
(civilian) technicians.
    Sec. 8011. None of the funds appropriated in this or any other Act 
may be used to initiate a new installation overseas without 30-day 
advance notification to the Committees on Appropriations.
    Sec. 8012. None of the funds made available by this Act shall be 
used in any way, directly or indirectly, to influence congressional 
action on any legislation or appropriation matters pending before the 
Congress.
    Sec. 8013. None of the funds appropriated by this Act shall be 
available for the basic pay and allowances of any member of the Army 
participating as a full-time student and receiving benefits paid by the 
Secretary of Veterans Affairs from the Department of Defense Education 
Benefits Fund when time spent as a full-time student is credited toward 
completion of a service commitment: Provided, That this subsection 
shall not apply to those members who have reenlisted with this option 
prior to October 1, 1987: Provided further, That this subsection 
applies only to active components of the Army.
    Sec. 8014. (a) Limitation on Conversion to Contractor 
Performance.--None of the funds appropriated by this Act shall be 
available to convert to contractor performance an activity or function 
of the Department of Defense that, on or after the date of the 
enactment of this Act, is performed by more than 10 Department of 
Defense civilian employees unless--
            (1) the conversion is based on the result of a public-
        private competition that includes a most efficient and cost 
        effective organization plan developed by such activity or 
        function;
            (2) the Competitive Sourcing Official determines that, over 
        all performance periods stated in the solicitation of offers 
        for performance of the activity or function, the cost of 
        performance of the activity or function by a contractor would 
        be less costly to the Department of Defense by an amount that 
        equals or exceeds the lesser of--
                    (A) 10 percent of the most efficient organization's 
                personnel-related costs for performance of that 
                activity or function by Federal employees; or
                    (B) $10,000,000; and
            (3) the contractor does not receive an advantage for a 
        proposal that would reduce costs for the Department of Defense 
        by--
                    (A) not making an employer-sponsored health 
                insurance plan available to the workers who are to be 
                employed in the performance of that activity or 
                function under the contract; or
                    (B) offering to such workers an employer-sponsored 
                health benefits plan that requires the employer to 
                contribute less towards the premium or subscription 
                share than the amount that is paid by the Department of 
                Defense for health benefits for civilian employees 
                under chapter 89 of title 5, United States Code.
    (b) Exceptions.--
            (1) This section and subsections (a), (b), and (c) of 
        section 2461 of title 10, United States Code, shall not apply 
        to a commercial or industrial type function of the Department 
        of Defense that--
                    (A) is included on the procurement list established 
                pursuant to section 2 of the Javits-Wagner-O'Day Act 
                (41 U.S.C. 47);
                    (B) is planned to be converted to performance by a 
                qualified nonprofit agency for the blind or by a 
                qualified nonprofit agency for other severely 
                handicapped individuals in accordance with that Act; or
                    (C) is planned to be converted to performance by a 
                qualified firm under at least 51 percent ownership by 
                an Indian tribe, as defined in section 4(e) of the 
                Indian Self-Determination and Education Assistance Act 
                (25 U.S.C. 450b(e)), or a Native Hawaiian Organization, 
                as defined in section 8(a)(15) of the Small Business 
                Act (15 U.S.C. 637(a)(15)).
            (2) This section shall not apply to depot contracts or 
        contracts for depot maintenance as provided in sections 2469 
        and 2474 of title 10, United States Code.
    (c) Treatment of Conversion.--The conversion of any activity or 
function of the Department of Defense under the authority provided by 
this section shall be credited toward any competitive or outsourcing 
goal, target, or measurement that may be established by statute, 
regulation, or policy and is deemed to be awarded under the authority 
of, and in compliance with, subsection (h) of section 2304 of title 10, 
United States Code, for the competition or outsourcing of commercial 
activities.

                          (transfer of funds)

    Sec. 8015. Funds appropriated in title III of this Act for the 
Department of Defense Pilot Mentor-Protege Program may be transferred 
to any other appropriation contained in this Act solely for the purpose 
of implementing a Mentor-Protege Program developmental assistance 
agreement pursuant to section 831 of the National Defense Authorization 
Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as 
amended, under the authority of this provision or any other transfer 
authority contained in this Act.
    Sec. 8016. None of the funds in this Act may be available for the 
purchase by the Department of Defense (and its departments and 
agencies) of welded shipboard anchor and mooring chain 4 inches in 
diameter and under unless the anchor and mooring chain are manufactured 
in the United States from components which are substantially 
manufactured in the United States: Provided, That for the purpose of 
this section manufactured will include cutting, heat treating, quality 
control, testing of chain and welding (including the forging and shot 
blasting process): Provided further, That for the purpose of this 
section substantially all of the components of anchor and mooring chain 
shall be considered to be produced or manufactured in the United States 
if the aggregate cost of the components produced or manufactured in the 
United States exceeds the aggregate cost of the components produced or 
manufactured outside the United States: Provided further, That when 
adequate domestic supplies are not available to meet Department of 
Defense requirements on a timely basis, the Secretary of the service 
responsible for the procurement may waive this restriction on a case-
by-case basis by certifying in writing to the Committees on 
Appropriations that such an acquisition must be made in order to 
acquire capability for national security purposes.
    Sec. 8017. None of the funds appropriated by this Act available for 
the Civilian Health and Medical Program of the Uniformed Services 
(CHAMPUS) or TRICARE shall be available for the reimbursement of any 
health care provider for inpatient mental health service for care 
received when a patient is referred to a provider of inpatient mental 
health care or residential treatment care by a medical or health care 
professional having an economic interest in the facility to which the 
patient is referred: Provided, That this limitation does not apply in 
the case of inpatient mental health services provided under the program 
for persons with disabilities under subsection (d) of section 1079 of 
title 10, United States Code, provided as partial hospital care, or 
provided pursuant to a waiver authorized by the Secretary of Defense 
because of medical or psychological circumstances of the patient that 
are confirmed by a health professional who is not a Federal employee 
after a review, pursuant to rules prescribed by the Secretary, which 
takes into account the appropriate level of care for the patient, the 
intensity of services required by the patient, and the availability of 
that care.
    Sec. 8018. Notwithstanding any other provision of law, during the 
current fiscal year and hereafter, the Secretary of Defense may, by 
executive agreement, establish with host nation governments in NATO 
member states a separate account into which such residual value amounts 
negotiated in the return of United States military installations in 
NATO member states may be deposited, in the currency of the host 
nation, in lieu of direct monetary transfers to the United States 
Treasury: Provided, That such credits may be utilized only for the 
construction of facilities to support United States military forces in 
that host nation, or such real property maintenance and base operating 
costs that are currently executed through monetary transfers to such 
host nations: Provided further, That the Department of Defense's budget 
submission for subsequent fiscal years shall identify such sums 
anticipated in residual value settlements, and identify such 
construction, real property maintenance or base operating costs that 
shall be funded by the host nation through such credits: Provided 
further, That all military construction projects to be executed from 
such accounts must be previously approved in a prior Act of Congress: 
Provided further, That each such executive agreement with a NATO member 
host nation shall be reported to the congressional defense committees, 
the Committee on International Relations of the House of 
Representatives and the Committee on Foreign Relations of the Senate 30 
days prior to the conclusion and endorsement of any such agreement 
established under this provision.
    Sec. 8019. None of the funds available to the Department of Defense 
may be used to demilitarize or dispose of M-1 Carbines, M-1 Garand 
rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or M-1911 
pistols.
    Sec. 8020. No more than $500,000 of the funds appropriated or made 
available in this Act shall be used during a single fiscal year for any 
single relocation of an organization, unit, activity or function of the 
Department of Defense into or within the National Capital Region: 
Provided, That the Secretary of Defense may waive this restriction on a 
case-by-case basis by certifying in writing to the congressional 
defense committees that such a relocation is required in the best 
interest of the Government.
    Sec. 8021. In addition to the funds provided elsewhere in this Act, 
$8,000,000 is appropriated only for incentive payments authorized by 
section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544): 
Provided, That a prime contractor or a subcontractor at any tier that 
makes a subcontract award to any subcontractor or supplier as defined 
in 25 U.S.C. 1544 or a small business owned and controlled by an 
individual or individuals defined under 25 U.S.C. 4221(9) shall be 
considered a contractor for the purposes of being allowed additional 
compensation under section 504 of the Indian Financing Act of 1974 (25 
U.S.C. 1544) whenever the prime contract or subcontract amount is over 
$500,000 and involves the expenditure of funds appropriated by an Act 
making Appropriations for the Department of Defense with respect to any 
fiscal year: Provided further, That notwithstanding 41 U.S.C. 430, this 
section shall be applicable to any Department of Defense acquisition of 
supplies or services, including any contract and any subcontract at any 
tier for acquisition of commercial items produced or manufactured, in 
whole or in part by any subcontractor or supplier defined in 25 U.S.C. 
1544 or a small business owned and controlled by an individual or 
individuals defined under 25 U.S.C. 4221(9): Provided further, That 
businesses certified as 8(a) by the Small Business Administration 
pursuant to section 8(a)(15) of Public Law 85-536, as amended, shall 
have the same status as other program participants under section 602 of 
Public Law 100-656, 102 Stat. 3825 (Business Opportunity Development 
Reform Act of 1988) for purposes of contracting with agencies of the 
Department of Defense.
    Sec. 8022. None of the funds appropriated by this Act shall be 
available to perform any cost study pursuant to the provisions of OMB 
Circular A-76 if the study being performed exceeds a period of 24 
months after initiation of such study with respect to a single function 
activity or 30 months after initiation of such study for a multi-
function activity.
    Sec. 8023. Funds appropriated by this Act for the American Forces 
Information Service shall not be used for any national or international 
political or psychological activities.
    Sec. 8024. Hereafter, notwithstanding any other provision of law or 
regulation, the Secretary of Defense may adjust wage rates for civilian 
employees hired for certain health care occupations as authorized for 
the Secretary of Veterans Affairs by section 7455 of title 38, United 
States Code.
    Sec. 8025. During the current fiscal year, net receipts pursuant to 
collections from third party payers pursuant to section 1095 of title 
10, United States Code, shall be made available to the local facility 
of the uniformed services responsible for the collections and shall be 
over and above the facility's direct budget amount.
    Sec. 8026. During the current fiscal year, the Department of 
Defense is authorized to incur obligations of not to exceed 
$350,000,000 for purposes specified in section 2350j(c) of title 10, 
United States Code, in anticipation of receipt of contributions, only 
from the Government of Kuwait, under that section: Provided, That upon 
receipt, such contributions from the Government of Kuwait shall be 
credited to the appropriations or fund which incurred such obligations.

                     (including transfer of funds)

    Sec. 8027. (a) Of the funds made available in this Act, not less 
than $24,822,000 shall be available for the Civil Air Patrol 
Corporation, of which--
            (1) $21,722,000 shall be available from ``Operation and 
        Maintenance, Air Force'' to support Civil Air Patrol 
        Corporation operation and maintenance, readiness, counterdrug 
        activities, and drug demand reduction activities involving 
        youth programs;
            (2) $2,300,000 shall be available from ``Aircraft 
        Procurement, Air Force''; and
            (3) $800,000 shall be available from ``Other Procurement, 
        Air Force'' for vehicle procurement.
    (b) The Secretary of the Air Force should waive reimbursement for 
any funds used by the Civil Air Patrol for counter-drug activities in 
support of Federal, State, and local government agencies.
    Sec. 8028. (a) None of the funds appropriated in this Act are 
available to establish a new Department of Defense (department) 
federally funded research and development center (FFRDC), either as a 
new entity, or as a separate entity administrated by an organization 
managing another FFRDC, or as a nonprofit membership corporation 
consisting of a consortium of other FFRDCs and other non-profit 
entities.
    (b) No member of a Board of Directors, Trustees, Overseers, 
Advisory Group, Special Issues Panel, Visiting Committee, or any 
similar entity of a defense FFRDC, and no paid consultant to any 
defense FFRDC, except when acting in a technical advisory capacity, may 
be compensated for his or her services as a member of such entity, or 
as a paid consultant by more than one FFRDC in a fiscal year: Provided, 
That a member of any such entity referred to previously in this 
subsection shall be allowed travel expenses and per diem as authorized 
under the Federal Joint Travel Regulations, when engaged in the 
performance of membership duties.
    (c) Notwithstanding any other provision of law, none of the funds 
available to the Department from any source during fiscal year 2005 may 
be used by a defense FFRDC, through a fee or other payment mechanism, 
for construction of new buildings, for payment of cost sharing for 
projects funded by Government grants, for absorption of contract 
overruns, or for certain charitable contributions, not to include 
employee participation in community service and/or development.
    (d) Notwithstanding any other provision of law, of the funds 
available to the department during fiscal year 2005, not more than 
6,600 staff years of technical effort (staff years) may be funded for 
defense FFRDCs: Provided, That this subsection shall not apply to staff 
years funded in the National Foreign Intelligence Program (NFIP).
    (e) The Secretary of Defense shall, with the submission of the 
department's fiscal year 2006 budget request, submit a report 
presenting the specific amounts of staff years of technical effort to 
be allocated for each defense FFRDC during that fiscal year.
    (f) Notwithstanding any other provision of this Act, the total 
amount appropriated in this Act for FFRDCs is hereby reduced by 
$40,000,000.
    Sec. 8029. None of the funds appropriated or made available in this 
Act shall be used to procure carbon, alloy or armor steel plate for use 
in any Government-owned facility or property under the control of the 
Department of Defense which were not melted and rolled in the United 
States or Canada: Provided, That these procurement restrictions shall 
apply to any and all Federal Supply Class 9515, American Society of 
Testing and Materials (ASTM) or American Iron and Steel Institute 
(AISI) specifications of carbon, alloy or armor steel plate: Provided 
further, That the Secretary of the military department responsible for 
the procurement may waive this restriction on a case-by-case basis by 
certifying in writing to the Committees on Appropriations of the House 
of Representatives and the Senate that adequate domestic supplies are 
not available to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order to acquire 
capability for national security purposes: Provided further, That these 
restrictions shall not apply to contracts which are in being as of the 
date of the enactment of this Act.
    Sec. 8030. For the purposes of this Act, the term ``congressional 
defense committees'' means the Armed Services Committee of the House of 
Representatives, the Armed Services Committee of the Senate, the 
Subcommittee on Defense of the Committee on Appropriations of the 
Senate, and the Subcommittee on Defense of the Committee on 
Appropriations of the House of Representatives.
    Sec. 8031. During the current fiscal year, the Department of 
Defense may acquire the modification, depot maintenance and repair of 
aircraft, vehicles and vessels as well as the production of components 
and other Defense-related articles, through competition between 
Department of Defense depot maintenance activities and private firms: 
Provided, That the Senior Acquisition Executive of the military 
department or Defense Agency concerned, with power of delegation, shall 
certify that successful bids include comparable estimates of all direct 
and indirect costs for both public and private bids: Provided further, 
That Office of Management and Budget Circular A-76 shall not apply to 
competitions conducted under this section.
    Sec. 8032. (a)(1) If the Secretary of Defense, after consultation 
with the United States Trade Representative, determines that a foreign 
country which is party to an agreement described in paragraph (2) has 
violated the terms of the agreement by discriminating against certain 
types of products produced in the United States that are covered by the 
agreement, the Secretary of Defense shall rescind the Secretary's 
blanket waiver of the Buy American Act with respect to such types of 
products produced in that foreign country.
    (2) An agreement referred to in paragraph (1) is any reciprocal 
defense procurement memorandum of understanding, between the United 
States and a foreign country pursuant to which the Secretary of Defense 
has prospectively waived the Buy American Act for certain products in 
that country.
    (b) The Secretary of Defense shall submit to the Congress a report 
on the amount of Department of Defense purchases from foreign entities 
in fiscal year 2005. Such report shall separately indicate the dollar 
value of items for which the Buy American Act was waived pursuant to 
any agreement described in subsection (a)(2), the Trade Agreement Act 
of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to 
which the United States is a party.
    (c) For purposes of this section, the term ``Buy American Act'' 
means title III of the Act entitled ``An Act making appropriations for 
the Treasury and Post Office Departments for the fiscal year ending 
June 30, 1934, and for other purposes'', approved March 3, 1933 (41 
U.S.C. 10a et seq.).
    Sec. 8033. Appropriations contained in this Act that remain 
available at the end of the current fiscal year, and at the end of each 
fiscal year hereafter, as a result of energy cost savings realized by 
the Department of Defense shall remain available for obligation for the 
next fiscal year to the extent, and for the purposes, provided in 
section 2865 of title 10, United States Code.

                     (including transfer of funds)

    Sec. 8034. Amounts deposited during the current fiscal year and 
hereafter to the special account established under 40 U.S.C. 
572(b)(5)(A) and to the special account established under 10 U.S.C. 
2667(d)(1) are appropriated and shall be available until transferred by 
the Secretary of Defense to current applicable appropriations or funds 
of the Department of Defense under the terms and conditions specified 
by 40 U.S.C. 572(b)(5)(B) and 10 U.S.C. 2667(d)(1)(B), to be merged 
with and to be available for the same time period and the same purposes 
as the appropriation to which transferred.
    Sec. 8035. The President shall include with each budget for a 
fiscal year submitted to the Congress under section 1105 of title 31, 
United States Code, materials that shall identify clearly and 
separately the amounts requested in the budget for appropriation for 
that fiscal year for salaries and expenses related to administrative 
activities of the Department of Defense, the military departments, and 
the defense agencies.
    Sec. 8036. Notwithstanding any other provision of law, funds 
available during the current fiscal year and hereafter for ``Drug 
Interdiction and Counter-Drug Activities, Defense'' may be obligated 
for the Young Marines program.

                     (including transfer of funds)

    Sec. 8037. During the current fiscal year, amounts contained in the 
Department of Defense Overseas Military Facility Investment Recovery 
Account established by section 2921(c)(1) of the National Defense 
Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687 note) 
shall be available until expended for the payments specified by section 
2921(c)(2) of that Act.
    Sec. 8038. (a) In General.--Notwithstanding any other provision of 
law, the Secretary of the Air Force may convey at no cost to the Air 
Force, without consideration, to Indian tribes located in the States of 
North Dakota, South Dakota, Montana, and Minnesota relocatable military 
housing units located at Grand Forks Air Force Base and Minot Air Force 
Base that are excess to the needs of the Air Force.
    (b) Processing of Requests.--The Secretary of the Air Force shall 
convey, at no cost to the Air Force, military housing units under 
subsection (a) in accordance with the request for such units that are 
submitted to the Secretary by the Operation Walking Shield Program on 
behalf of Indian tribes located in the States of North Dakota, South 
Dakota, Montana, and Minnesota.
    (c) Resolution of Housing Unit Conflicts.--The Operation Walking 
Shield Program shall resolve any conflicts among requests of Indian 
tribes for housing units under subsection (a) before submitting 
requests to the Secretary of the Air Force under subsection (b).
    (d) Indian Tribe Defined.--In this section, the term ``Indian 
tribe'' means any recognized Indian tribe included on the current list 
published by the Secretary of the Interior under section 104 of the 
Federally Recognized Indian Tribe Act of 1994 (Public Law 103-454; 108 
Stat. 4792; 25 U.S.C. 479a-1).
    Sec. 8039. During the current fiscal year, appropriations which are 
available to the Department of Defense for operation and maintenance 
may be used to purchase items having an investment item unit cost of 
not more than $250,000.
    Sec. 8040. (a) During the current fiscal year, none of the 
appropriations or funds available to the Department of Defense Working 
Capital Funds shall be used for the purchase of an investment item for 
the purpose of acquiring a new inventory item for sale or anticipated 
sale during the current fiscal year or a subsequent fiscal year to 
customers of the Department of Defense Working Capital Funds if such an 
item would not have been chargeable to the Department of Defense 
Business Operations Fund during fiscal year 1994 and if the purchase of 
such an investment item would be chargeable during the current fiscal 
year to appropriations made to the Department of Defense for 
procurement.
    (b) The fiscal year 2006 budget request for the Department of 
Defense as well as all justification material and other documentation 
supporting the fiscal year 2006 Department of Defense budget shall be 
prepared and submitted to the Congress on the basis that any equipment 
which was classified as an end item and funded in a procurement 
appropriation contained in this Act shall be budgeted for in a proposed 
fiscal year 2006 procurement appropriation and not in the supply 
management business area or any other area or category of the 
Department of Defense Working Capital Funds.
    Sec. 8041. None of the funds appropriated by this Act for programs 
of the Central Intelligence Agency shall remain available for 
obligation beyond the current fiscal year, except for funds 
appropriated for the Reserve for Contingencies, which shall remain 
available until September 30, 2006: Provided, That funds appropriated, 
transferred, or otherwise credited to the Central Intelligence Agency 
Central Services Working Capital Fund during this or any prior or 
subsequent fiscal year shall remain available until expended: Provided 
further, That any funds appropriated or transferred to the Central 
Intelligence Agency for advanced research and development acquisition, 
for agent operations, and for covert action programs authorized by the 
President under section 503 of the National Security Act of 1947, as 
amended, shall remain available until September 30, 2006.
    Sec. 8042. Notwithstanding any other provision of law, funds made 
available in this Act for the Defense Intelligence Agency may be used 
for the design, development, and deployment of General Defense 
Intelligence Program intelligence communications and intelligence 
information systems for the Services, the Unified and Specified 
Commands, and the component commands.
    Sec. 8043. Of the funds appropriated to the Department of Defense 
under the heading ``Operation and Maintenance, Defense-Wide'', not less 
than $10,000,000 shall be made available only for the mitigation of 
environmental impacts, including training and technical assistance to 
tribes, related administrative support, the gathering of information, 
documenting of environmental damage, and developing a system for 
prioritization of mitigation and cost to complete estimates for 
mitigation, on Indian lands resulting from Department of Defense 
activities.
    Sec. 8044. (a) None of the funds appropriated in this Act may be 
expended by an entity of the Department of Defense unless the entity, 
in expending the funds, complies with the Buy American Act. For 
purposes of this subsection, the term ``Buy American Act'' means title 
III of the Act entitled ``An Act making appropriations for the Treasury 
and Post Office Departments for the fiscal year ending June 30, 1934, 
and for other purposes'', approved March 3, 1933 (41 U.S.C. 10a et 
seq.).
    (b) If the Secretary of Defense determines that a person has been 
convicted of intentionally affixing a label bearing a ``Made in 
America'' inscription to any product sold in or shipped to the United 
States that is not made in America, the Secretary shall determine, in 
accordance with section 2410f of title 10, United States Code, whether 
the person should be debarred from contracting with the Department of 
Defense.
    (c) In the case of any equipment or products purchased with 
appropriations provided under this Act, it is the sense of the Congress 
that any entity of the Department of Defense, in expending the 
appropriation, purchase only American-made equipment and products, 
provided that American-made equipment and products are cost-
competitive, quality-competitive, and available in a timely fashion.
    Sec. 8045. None of the funds appropriated by this Act shall be 
available for a contract for studies, analysis, or consulting services 
entered into without competition on the basis of an unsolicited 
proposal unless the head of the activity responsible for the 
procurement determines--
            (1) as a result of thorough technical evaluation, only one 
        source is found fully qualified to perform the proposed work;
            (2) the purpose of the contract is to explore an 
        unsolicited proposal which offers significant scientific or 
        technological promise, represents the product of original 
        thinking, and was submitted in confidence by one source; or
            (3) the purpose of the contract is to take advantage of 
        unique and significant industrial accomplishment by a specific 
        concern, or to insure that a new product or idea of a specific 
        concern is given financial support: Provided, That this 
        limitation shall not apply to contracts in an amount of less 
        than $25,000, contracts related to improvements of equipment 
        that is in development or production, or contracts as to which 
        a civilian official of the Department of Defense, who has been 
        confirmed by the Senate, determines that the award of such 
        contract is in the interest of the national defense.
    Sec. 8046. (a) Except as provided in subsection (b) and (c), none 
of the funds made available by this Act may be used--
            (1) to establish a field operating agency; or
            (2) to pay the basic pay of a member of the Armed Forces or 
        civilian employee of the department who is transferred or 
        reassigned from a headquarters activity if the member or 
        employee's place of duty remains at the location of that 
        headquarters.
    (b) The Secretary of Defense or Secretary of a military department 
may waive the limitations in subsection (a), on a case-by-case basis, 
if the Secretary determines, and certifies to the Committees on 
Appropriations of the House of Representatives and Senate that the 
granting of the waiver will reduce the personnel requirements or the 
financial requirements of the department.
    (c) This section does not apply to field operating agencies funded 
within the National Foreign Intelligence Program.
    Sec. 8047. Notwithstanding section 303 of Public Law 96-487 or any 
other provision of law, the Secretary of the Navy is authorized to 
lease real and personal property at Naval Air Facility, Adak, Alaska, 
pursuant to 10 U.S.C. 2667(f), for commercial, industrial or other 
purposes: Provided, That notwithstanding any other provision of law, 
the Secretary of the Navy may remove hazardous materials from 
facilities, buildings, and structures at Adak, Alaska, and may demolish 
or otherwise dispose of such facilities, buildings, and structures.

                             (rescissions)

    Sec. 8048. Of the funds appropriated in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded from the 
following accounts and programs in the specified amounts:
            ``Former Soviet Union Threat Reduction, 2003/2005'', 
        $50,000,000;
            ``Aircraft Procurement, Navy, 2004/2006'', $2,900,000;
            ``Shipbuilding and Conversion, Navy, 2004/2008'', 
        $10,300,000;
            ``Other Procurement, Navy, 2004/2006'', $5,200,000;
            ``Other Procurement, Air Force, 2004/2006'', $100,000,000;
            ``Procurement, Defense-Wide, 2004/2006'' $23,400,000;
            ``Research, Development, Test and Evaluation, Army, 2004/
        2005'', $42,650,000;
            ``Research, Development, Test and Evaluation, Navy, 2004/
        2005'', $20,000,000;
            ``Research, Development, Test and Evaluation, Air Force, 
        2004/2005'', $37,000,000; and
            ``Research, Development, Test and Evaluation, Defense-Wide, 
        2004/2005'', $108,300,000.
    Sec. 8049. None of the funds available in this Act may be used to 
reduce the authorized positions for military (civilian) technicians of 
the Army National Guard, the Air National Guard, Army Reserve and Air 
Force Reserve for the purpose of applying any administratively imposed 
civilian personnel ceiling, freeze, or reduction on military (civilian) 
technicians, unless such reductions are a direct result of a reduction 
in military force structure.
    Sec. 8050. None of the funds appropriated or otherwise made 
available in this Act may be obligated or expended for assistance to 
the Democratic People's Republic of North Korea unless specifically 
appropriated for that purpose.
    Sec. 8051. During the current fiscal year and hereafter, funds 
appropriated in this Act are available to compensate members of the 
National Guard for duty performed pursuant to a plan submitted by a 
Governor of a State and approved by the Secretary of Defense under 
section 112 of title 32, United States Code: Provided, That during the 
performance of such duty, the members of the National Guard shall be 
under State command and control: Provided further, That such duty shall 
be treated as full-time National Guard duty for purposes of sections 
12602(a)(2) and (b)(2) of title 10, United States Code.
    Sec. 8052. Funds appropriated in this Act for operation and 
maintenance of the Military Departments, Combatant Commands and Defense 
Agencies shall be available for reimbursement of pay, allowances and 
other expenses which would otherwise be incurred against appropriations 
for the National Guard and Reserve when members of the National Guard 
and Reserve provide intelligence or counterintelligence support to 
Combatant Commands, Defense Agencies and Joint Intelligence Activities, 
including the activities and programs included within the National 
Foreign Intelligence Program (NFIP), the Joint Military Intelligence 
Program (JMIP), and the Tactical Intelligence and Related Activities 
(TIARA) aggregate: Provided, That nothing in this section authorizes 
deviation from established Reserve and National Guard personnel and 
training procedures.
    Sec. 8053. During the current fiscal year, none of the funds 
appropriated in this Act may be used to reduce the civilian medical and 
medical support personnel assigned to military treatment facilities 
below the September 30, 2004 level: Provided, That the Service Surgeons 
General may waive this section by certifying to the congressional 
defense committees that the beneficiary population is declining in some 
catchment areas and civilian strength reductions may be consistent with 
responsible resource stewardship and capitation-based budgeting.
    Sec. 8054. Notwithstanding any other provision of law, that not 
more than 35 percent of funds provided in this Act for environmental 
remediation may be obligated under indefinite delivery/indefinite 
quantity contracts with a total contract value of $130,000,000 or 
higher.
    Sec. 8055. (a) None of the funds available to the Department of 
Defense for any fiscal year for drug interdiction or counter-drug 
activities may be transferred to any other department or agency of the 
United States except as specifically provided in an appropriations law.
    (b) None of the funds available to the Central Intelligence Agency 
for any fiscal year for drug interdiction and counter-drug activities 
may be transferred to any other department or agency of the United 
States except as specifically provided in an appropriations law.

                          (transfer of funds)

    Sec. 8056. Appropriations available under the heading ``Operation 
and Maintenance, Defense-Wide'' for the current fiscal year and 
hereafter for increasing energy and water efficiency in Federal 
buildings may, during their period of availability, be transferred to 
other appropriations or funds of the Department of Defense for projects 
related to increasing energy and water efficiency, to be merged with 
and to be available for the same general purposes, and for the same 
time period, as the appropriation or fund to which transferred.
    Sec. 8057. None of the funds appropriated by this Act may be used 
for the procurement of ball and roller bearings other than those 
produced by a domestic source and of domestic origin: Provided, That 
the Secretary of the military department responsible for such 
procurement may waive this restriction on a case-by-case basis by 
certifying in writing to the Committees on Appropriations of the House 
of Representatives and the Senate, that adequate domestic supplies are 
not available to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order to acquire 
capability for national security purposes: Provided further, That this 
restriction shall not apply to the purchase of ``commercial items'', as 
defined by section 4(12) of the Office of Federal Procurement Policy 
Act, except that the restriction shall apply to ball or roller bearings 
purchased as end items.
    Sec. 8058. Notwithstanding any other provision of law, funds 
available to the Department of Defense shall be made available to 
provide transportation of medical supplies and equipment, on a 
nonreimbursable basis, to American Samoa, and funds available to the 
Department of Defense shall be made available to provide transportation 
of medical supplies and equipment, on a nonreimbursable basis, to the 
Indian Health Service when it is in conjunction with a civil-military 
project.
    Sec. 8059. None of the funds in this Act may be used to purchase 
any supercomputer which is not manufactured in the United States, 
unless the Secretary of Defense certifies to the congressional defense 
committees that such an acquisition must be made in order to acquire 
capability for national security purposes that is not available from 
United States manufacturers.
    Sec. 8060. Notwithstanding any other provision of law, each 
contract awarded by the Department of Defense during the current fiscal 
year for construction or service performed in whole or in part in a 
State (as defined in section 381(d) of title 10, United States Code) 
which is not contiguous with another State and has an unemployment rate 
in excess of the national average rate of unemployment as determined by 
the Secretary of Labor, shall include a provision requiring the 
contractor to employ, for the purpose of performing that portion of the 
contract in such State that is not contiguous with another State, 
individuals who are residents of such State and who, in the case of any 
craft or trade, possess or would be able to acquire promptly the 
necessary skills: Provided, That the Secretary of Defense may waive the 
requirements of this section, on a case-by-case basis, in the interest 
of national security.
    Sec. 8061. None of the funds made available in this or any other 
Act may be used to pay the salary of any officer or employee of the 
Department of Defense who approves or implements the transfer of 
administrative responsibilities or budgetary resources of any program, 
project, or activity financed by this Act to the jurisdiction of 
another Federal agency not financed by this Act without the express 
authorization of Congress: Provided, That this limitation shall not 
apply to transfers of funds expressly provided for in Defense 
Appropriations Acts, or provisions of Acts providing supplemental 
appropriations for the Department of Defense.
    Sec. 8062. (a) Limitation on Transfer of Defense Articles and 
Services.--Notwithstanding any other provision of law, none of the 
funds available to the Department of Defense for the current fiscal 
year may be obligated or expended to transfer to another nation or an 
international organization any defense articles or services (other than 
intelligence services) for use in the activities described in 
subsection (b) unless the congressional defense committees, the 
Committee on International Relations of the House of Representatives, 
and the Committee on Foreign Relations of the Senate are notified 15 
days in advance of such transfer.
    (b) Covered Activities.--This section applies to--
            (1) any international peacekeeping or peace-enforcement 
        operation under the authority of chapter VI or chapter VII of 
        the United Nations Charter under the authority of a United 
        Nations Security Council resolution; and
            (2) any other international peacekeeping, peace-
        enforcement, or humanitarian assistance operation.
    (c) Required Notice.--A notice under subsection (a) shall include 
the following:
            (1) A description of the equipment, supplies, or services 
        to be transferred.
            (2) A statement of the value of the equipment, supplies, or 
        services to be transferred.
            (3) In the case of a proposed transfer of equipment or 
        supplies--
                    (A) a statement of whether the inventory 
                requirements of all elements of the Armed Forces 
                (including the reserve components) for the type of 
                equipment or supplies to be transferred have been met; 
                and
                    (B) a statement of whether the items proposed to be 
                transferred will have to be replaced and, if so, how 
                the President proposes to provide funds for such 
                replacement.
    Sec. 8063. To the extent authorized by subchapter VI of chapter 148 
of title 10, United States Code, for the current fiscal year and 
hereafter the Secretary of Defense may issue loan guarantees in support 
of United States defense exports not otherwise provided for: Provided, 
That the total contingent liability of the United States for guarantees 
issued under the authority of this section may not exceed 
$15,000,000,000: Provided further, That the exposure fees charged and 
collected by the Secretary for each guarantee shall be paid by the 
country involved and shall not be financed as part of a loan guaranteed 
by the United States: Provided further, That the Secretary shall 
provide quarterly reports to the Committees on Appropriations, Armed 
Services, and Foreign Relations of the Senate and the Committees on 
Appropriations, Armed Services, and International Relations in the 
House of Representatives on the implementation of this program: 
Provided further, That amounts charged for administrative fees and 
deposited to the special account provided for under section 2540c(d) of 
title 10, shall be available for paying the costs of administrative 
expenses of the Department of Defense that are attributable to the loan 
guarantee program under subchapter VI of chapter 148 of title 10, 
United States Code.
    Sec. 8064. None of the funds available to the Department of Defense 
under this Act shall be obligated or expended to pay a contractor under 
a contract with the Department of Defense for costs of any amount paid 
by the contractor to an employee when--
            (1) such costs are for a bonus or otherwise in excess of 
        the normal salary paid by the contractor to the employee; and
            (2) such bonus is part of restructuring costs associated 
        with a business combination.

                     (including transfer of funds)

    Sec. 8065. During the current fiscal year, no more than $30,000,000 
of appropriations made in this Act under the heading ``Operation and 
Maintenance, Defense-Wide'' may be transferred to appropriations 
available for the pay of military personnel, to be merged with, and to 
be available for the same time period as the appropriations to which 
transferred, to be used in support of such personnel in connection with 
support and services for eligible organizations and activities outside 
the Department of Defense pursuant to section 2012 of title 10, United 
States Code.
    Sec. 8066. During the current fiscal year, in the case of an 
appropriation account of the Department of Defense for which the period 
of availability for obligation has expired or which has closed under 
the provisions of section 1552 of title 31, United States Code, and 
which has a negative unliquidated or unexpended balance, an obligation 
or an adjustment of an obligation may be charged to any current 
appropriation account for the same purpose as the expired or closed 
account if--
            (1) the obligation would have been properly chargeable 
        (except as to amount) to the expired or closed account before 
        the end of the period of availability or closing of that 
        account;
            (2) the obligation is not otherwise properly chargeable to 
        any current appropriation account of the Department of Defense; 
        and
            (3) in the case of an expired account, the obligation is 
        not chargeable to a current appropriation of the Department of 
        Defense under the provisions of section 1405(b)(8) of the 
        National Defense Authorization Act for Fiscal Year 1991, Public 
        Law 101-510, as amended (31 U.S.C. 1551 note): Provided, That 
        in the case of an expired account, if subsequent review or 
        investigation discloses that there was not in fact a negative 
        unliquidated or unexpended balance in the account, any charge 
        to a current account under the authority of this section shall 
        be reversed and recorded against the expired account: Provided 
        further, That the total amount charged to a current 
        appropriation under this section may not exceed an amount equal 
        to 1 percent of the total appropriation for that account.
    Sec. 8067. Hereafter, funds appropriated for Operation and 
maintenance and for the Defense Health Program in this Act, and in 
future appropriations acts for the Department of Defense, for 
supervision and administration costs for facilities maintenance and 
repair, minor construction, or design projects, or any planning 
studies, environmental assessments, or similar activities related to 
installation support functions, may be obligated at the time the 
reimbursable order is accepted by the performing activity: Provided, 
That for the purpose of this section, supervision and administration 
costs includes all in-house Government cost.
    Sec. 8068. (a) Notwithstanding any other provision of law, the 
Chief of the National Guard Bureau may permit the use of equipment of 
the National Guard Distance Learning Project by any person or entity on 
a space-available, reimbursable basis. The Chief of the National Guard 
Bureau shall establish the amount of reimbursement for such use on a 
case-by-case basis.
    (b) Amounts collected under subsection (a) shall be credited to 
funds available for the National Guard Distance Learning Project and be 
available to defray the costs associated with the use of equipment of 
the project under that subsection. Such funds shall be available for 
such purposes without fiscal year limitation.
    Sec. 8069. Using funds available by this Act or any other Act, the 
Secretary of the Air Force, pursuant to a determination under section 
2690 of title 10, United States Code, may implement cost-effective 
agreements for required heating facility modernization in the 
Kaiserslautern Military Community in the Federal Republic of Germany: 
Provided, That in the City of Kaiserslautern such agreements will 
include the use of United States anthracite as the base load energy for 
municipal district heat to the United States Defense installations: 
Provided further, That at Landstuhl Army Regional Medical Center and 
Ramstein Air Base, furnished heat may be obtained from private, 
regional or municipal services, if provisions are included for the 
consideration of United States coal as an energy source.
    Sec. 8070. None of the funds appropriated in title IV of this Act 
may be used to procure end-items for delivery to military forces for 
operational training, operational use or inventory requirements: 
Provided, That this restriction does not apply to end-items used in 
development, prototyping, and test activities preceding and leading to 
acceptance for operational use: Provided further, That this restriction 
does not apply to programs funded within the National Foreign 
Intelligence Program: Provided further, That the Secretary of Defense 
may waive this restriction on a case-by-case basis by certifying in 
writing to the Committees on Appropriations of the House of 
Representatives and the Senate that it is in the national security 
interest to do so.
    Sec. 8071. None of the funds made available in this Act may be used 
to approve or license the sale of the F-22 advanced tactical fighter to 
any foreign government.
    Sec. 8072. (a) The Secretary of Defense may, on a case-by-case 
basis, waive with respect to a foreign country each limitation on the 
procurement of defense items from foreign sources provided in law if 
the Secretary determines that the application of the limitation with 
respect to that country would invalidate cooperative programs entered 
into between the Department of Defense and the foreign country, or 
would invalidate reciprocal trade agreements for the procurement of 
defense items entered into under section 2531 of title 10, United 
States Code, and the country does not discriminate against the same or 
similar defense items produced in the United States for that country.
    (b) Subsection (a) applies with respect to--
            (1) contracts and subcontracts entered into on or after the 
        date of the enactment of this Act; and
            (2) options for the procurement of items that are exercised 
        after such date under contracts that are entered into before 
        such date if the option prices are adjusted for any reason 
        other than the application of a waiver granted under subsection 
        (a).
    (c) Subsection (a) does not apply to a limitation regarding 
construction of public vessels, ball and roller bearings, food, and 
clothing or textile materials as defined by section 11 (chapters 50-65) 
of the Harmonized Tariff Schedule and products classified under 
headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 
7229, 7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 
8109, 8211, 8215, and 9404.
    Sec. 8073. (a) Prohibition.--None of the funds made available by 
this Act may be used to support any training program involving a unit 
of the security forces of a foreign country if the Secretary of Defense 
has received credible information from the Department of State that the 
unit has committed a gross violation of human rights, unless all 
necessary corrective steps have been taken.
    (b) Monitoring.--The Secretary of Defense, in consultation with the 
Secretary of State, shall ensure that prior to a decision to conduct 
any training program referred to in subsection (a), full consideration 
is given to all credible information available to the Department of 
State relating to human rights violations by foreign security forces.
    (c) Waiver.--The Secretary of Defense, after consultation with the 
Secretary of State, may waive the prohibition in subsection (a) if he 
determines that such waiver is required by extraordinary circumstances.
    (d) Report.--Not more than 15 days after the exercise of any waiver 
under subsection (c), the Secretary of Defense shall submit a report to 
the congressional defense committees describing the extraordinary 
circumstances, the purpose and duration of the training program, the 
United States forces and the foreign security forces involved in the 
training program, and the information relating to human rights 
violations that necessitates the waiver.
    Sec. 8074. The Secretary of Defense, in coordination with the 
Secretary of Health and Human Services, may carry out a program to 
distribute surplus dental equipment of the Department of Defense, at no 
cost to the Department of Defense, to Indian Health Service facilities 
and to federally-qualified health centers (within the meaning of 
section 1905(l)(2)(B) of the Social Security Act (42 U.S.C. 
1396d(l)(2)(B))).
    Sec. 8075. None of the funds appropriated or made available in this 
Act to the Department of the Navy shall be used to develop, lease or 
procure the T-AKE class of ships unless the main propulsion diesel 
engines and propulsors are manufactured in the United States by a 
domestically operated entity: Provided, That the Secretary of Defense 
may waive this restriction on a case-by-case basis by certifying in 
writing to the Committees on Appropriations of the House of 
Representatives and the Senate that adequate domestic supplies are not 
available to meet Department of Defense requirements on a timely basis 
and that such an acquisition must be made in order to acquire 
capability for national security purposes or there exists a significant 
cost or quality difference.
    Sec. 8076. None of the funds appropriated or otherwise made 
available by this or other Department of Defense Appropriations Acts 
may be obligated or expended for the purpose of performing repairs or 
maintenance to military family housing units of the Department of 
Defense, including areas in such military family housing units that may 
be used for the purpose of conducting official Department of Defense 
business.
    Sec. 8077. Notwithstanding any other provision of law, funds 
appropriated in this Act under the heading ``Research, Development, 
Test and Evaluation, Defense-Wide'' for any advanced concept technology 
demonstration project may only be obligated 30 days after a report, 
including a description of the project, the planned acquisition and 
transition strategy and its estimated annual and total cost, has been 
provided in writing to the congressional defense committees: Provided, 
That the Secretary of Defense may waive this restriction on a case-by-
case basis by certifying to the congressional defense committees that 
it is in the national interest to do so.
    Sec. 8078. The Secretary of Defense shall provide a classified 
quarterly report, beginning December 15, 2004, to the House and Senate 
Appropriations Committees, Subcommittees on Defense on certain matters 
as directed in the classified annex accompanying this Act.
    Sec. 8079. During the current fiscal year and hereafter, refunds 
attributable to the use of the Government travel card, refunds 
attributable to the use of the Government Purchase Card and refunds 
attributable to official Government travel arranged by Government 
Contracted Travel Management Centers may be credited to operation and 
maintenance, and research, development, test and evaluation accounts of 
the Department of Defense which are current when the refunds are 
received.
    Sec. 8080. (a) Registering Financial Management Information 
Technology Systems With DOD Chief Information Officer.--None of the 
funds appropriated in this Act may be used for a mission critical or 
mission essential financial management information technology system 
(including a system funded by the defense working capital fund) that is 
not registered with the Chief Information Officer of the Department of 
Defense. A system shall be considered to be registered with that 
officer upon the furnishing to that officer of notice of the system, 
together with such information concerning the system as the Secretary 
of Defense may prescribe. A financial management information technology 
system shall be considered a mission critical or mission essential 
information technology system as defined by the Under Secretary of 
Defense (Comptroller).
    (b) Certifications as to Compliance With Financial Management 
Modernization Plan.--
            (1) During the current fiscal year, a financial management 
        automated information system, a mixed information system 
        supporting financial and non-financial systems, or a system 
        improvement of more than $1,000,000 may not receive Milestone A 
        approval, Milestone B approval, or full rate production, or 
        their equivalent, within the Department of Defense until the 
        Under Secretary of Defense (Comptroller) certifies, with 
        respect to that milestone, that the system is being developed 
        and managed in accordance with the Department's Financial 
        Management Modernization Plan. The Under Secretary of Defense 
        (Comptroller) may require additional certifications, as 
        appropriate, with respect to any such system.
            (2) The Chief Information Officer shall provide the 
        congressional defense committees timely notification of 
        certifications under paragraph (1).
    (c) Certifications as to Compliance With Clinger-Cohen Act.--
            (1) During the current fiscal year, a major automated 
        information system may not receive Milestone A approval, 
        Milestone B approval, or full rate production approval, or 
        their equivalent, within the Department of Defense until the 
        Chief Information Officer certifies, with respect to that 
        milestone, that the system is being developed in accordance 
        with the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.). 
        The Chief Information Officer may require additional 
        certifications, as appropriate, with respect to any such 
        system.
            (2) The Chief Information Officer shall provide the 
        congressional defense committees timely notification of 
        certifications under paragraph (1). Each such notification 
        shall include, at a minimum, the funding baseline and milestone 
        schedule for each system covered by such a certification and 
        confirmation that the following steps have been taken with 
        respect to the system:
                    (A) Business process reengineering.
                    (B) An analysis of alternatives.
                    (C) An economic analysis that includes a 
                calculation of the return on investment.
                    (D) Performance measures.
                    (E) An information assurance strategy consistent 
                with the Department's Global Information Grid.
    (d) Definitions.--For purposes of this section:
            (1) The term ``Chief Information Officer'' means the senior 
        official of the Department of Defense designated by the 
        Secretary of Defense pursuant to section 3506 of title 44, 
        United States Code.
            (2) The term ``information technology system'' has the 
        meaning given the term ``information technology'' in section 
        5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401).
    Sec. 8081. During the current fiscal year, none of the funds 
available to the Department of Defense may be used to provide support 
to another department or agency of the United States if such department 
or agency is more than 90 days in arrears in making payment to the 
Department of Defense for goods or services previously provided to such 
department or agency on a reimbursable basis: Provided, That this 
restriction shall not apply if the department is authorized by law to 
provide support to such department or agency on a nonreimbursable 
basis, and is providing the requested support pursuant to such 
authority: Provided further, That the Secretary of Defense may waive 
this restriction on a case-by-case basis by certifying in writing to 
the Committees on Appropriations of the House of Representatives and 
the Senate that it is in the national security interest to do so.
    Sec. 8082. None of the funds provided in this Act may be used to 
transfer to any nongovernmental entity ammunition held by the 
Department of Defense that has a center-fire cartridge and a United 
States military nomenclature designation of ``armor penetrator'', 
``armor piercing (AP)'', ``armor piercing incendiary (API)'', or 
``armor-piercing incendiary-tracer (API-T)'', except to an entity 
performing demilitarization services for the Department of Defense 
under a contract that requires the entity to demonstrate to the 
satisfaction of the Department of Defense that armor piercing 
projectiles are either: (1) rendered incapable of reuse by the 
demilitarization process; or (2) used to manufacture ammunition 
pursuant to a contract with the Department of Defense or the 
manufacture of ammunition for export pursuant to a License for 
Permanent Export of Unclassified Military Articles issued by the 
Department of State.
    Sec. 8083. Notwithstanding any other provision of law, the Chief of 
the National Guard Bureau, or his designee, may waive payment of all or 
part of the consideration that otherwise would be required under 10 
U.S.C. 2667, in the case of a lease of personal property for a period 
not in excess of 1 year to any organization specified in 32 U.S.C. 
508(d), or any other youth, social, or fraternal non-profit 
organization as may be approved by the Chief of the National Guard 
Bureau, or his designee, on a case-by-case basis.
    Sec. 8084. None of the funds appropriated by this Act shall be used 
for the support of any nonappropriated funds activity of the Department 
of Defense that procures malt beverages and wine with nonappropriated 
funds for resale (including such alcoholic beverages sold by the drink) 
on a military installation located in the United States unless such 
malt beverages and wine are procured within that State, or in the case 
of the District of Columbia, within the District of Columbia, in which 
the military installation is located: Provided, That in a case in which 
the military installation is located in more than one State, purchases 
may be made in any State in which the installation is located: Provided 
further, That such local procurement requirements for malt beverages 
and wine shall apply to all alcoholic beverages only for military 
installations in States which are not contiguous with another State: 
Provided further, That alcoholic beverages other than wine and malt 
beverages, in contiguous States and the District of Columbia shall be 
procured from the most competitive source, price and other factors 
considered.
    Sec. 8085. Funds available to the Department of Defense for the 
Global Positioning System during the current fiscal year may be used to 
fund civil requirements associated with the satellite and ground 
control segments of such system's modernization program.

                     (including transfer of funds)

    Sec. 8086. Of the amounts appropriated in this Act under the 
heading, ``Research, Development, Test and Evaluation, Defense-Wide'', 
$60,000,000 shall remain available until expended: Provided, That 
notwithstanding any other provision of law, the Secretary of Defense is 
authorized to transfer such funds to other activities of the Federal 
Government.
    Sec. 8087. Section 8106 of the Department of Defense Appropriations 
Act, 1997 (titles I through VIII of the matter under subsection 101(b) 
of Public Law 104-208; 110 Stat. 3009-111; 10 U.S.C. 113 note) shall 
continue in effect to apply to disbursements that are made by the 
Department of Defense in fiscal year 2005.
    Sec. 8088. In addition to amounts provided elsewhere in this Act, 
$2,000,000 is hereby appropriated for ``Defense Health Program'', to 
remain available for obligation until expended: Provided, That 
notwithstanding any other provision of law, these funds shall be 
available only for a grant to the Fisher House Foundation, Inc., only 
for the construction and furnishing of additional Fisher Houses to meet 
the needs of military family members when confronted with the illness 
or hospitalization of an eligible military beneficiary.
    Sec. 8089. Amounts appropriated in title II of this Act are hereby 
reduced by $300,000,000 to reflect savings attributable to efficiencies 
and management improvements in the funding of miscellaneous or other 
contracts in the military departments, as follows:
            (1) From ``Operation and Maintenance, Army'', $66,700,000.
            (2) From ``Operation and Maintenance, Navy'', $77,900,000.
            (3) From ``Operation and Maintenance, Marine Corps'', 
        $6,100,000.
            (4) From ``Operation and Maintenance, Air Force'', 
        $149,300,000.

                     (including transfer of funds)

    Sec. 8090. Of the amounts appropriated in this Act under the 
heading ``Research, Development, Test and Evaluation, Defense-Wide'', 
$87,290,000 shall be available for the Arrow missile defense program, 
of which $25,000,000 shall be for producing Arrow missile components in 
the United States and Arrow missile components and missiles in Israel 
to meet Israel's defense requirements, consistent with each nation's 
laws, regulations and procedures: Provided further, That funds made 
available under this provision for production of missiles and missile 
components may be transferred to appropriations available for the 
procurement of weapons and equipment, to be merged with and to be 
available for the same time period and the same purposes as the 
appropriation to which transferred: Provided further, That the transfer 
authority provided under this provision is in addition to any other 
transfer authority contained in this Act.
    Sec. 8091. Notwithstanding any other provision of law, of the 
amounts provided in this Act and in Public Law 108-87 under the heading 
``Research, Development, Test and Evaluation, Navy'', $1,500,000, and 
$500,000, respectively, shall be available for a grant (or grants) to 
the California Central Coast Research Partnership (C3RP) through the 
California Polytechnic State University Foundation, for costs related 
to Office of Naval Research agreements: Provided, That the Secretary of 
the Navy shall make said grant (or grants) within 90 days of the 
enactment of this Act.

                     (including transfer of funds)

    Sec. 8092. Of the amounts appropriated in this Act under the 
heading ``Shipbuilding and Conversion, Navy'', $484,390,000 shall be 
available until September 30, 2005, to fund prior year shipbuilding 
cost increases: Provided, That upon enactment of this Act, the 
Secretary of Defense shall transfer such funds to the following 
appropriations in the amount specified: Provided further, That the 
amounts transferred shall be merged with and be available for the same 
purposes as the appropriations to which transferred:
            To:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1996/05'':
                    LPD-17 Amphibious Transport Dock Ship Program, 
                $55,000,000.
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1999/05'':
                    New SSN, $10,000,000.
                    LPD-17 Amphibious Transport Dock Ship Program, 
                $38,100,000.
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        2000/05'':
                    DDG-51 Destroyer Program, $44,963,000.
                    LPD-17 Amphibious Transport Dock Ship Program, 
                $171,681,000.
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        2001/05'':
                    DDG-51 Destroyer Program, $83,316,000.
                    New SSN, $67,330,000.
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        2002/05'':
                    LCAC SLEP, $2,100,000.
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        2003/05'':
                    LCAC SLEP, $11,900,000:
Provided further, That section 126 of the National Defense 
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 
1410; 10 U.S.C. 7291 note) is repealed.
    Sec. 8093. The Secretary of the Navy may settle, or compromise, and 
pay any and all admiralty claims under 10 U.S.C. 7622 arising out of 
the collision involving the U.S.S. GREENEVILLE and the EHIME MARU, in 
any amount and without regard to the monetary limitations in 
subsections (a) and (b) of that section: Provided, That such payments 
shall be made from funds available to the Department of the Navy for 
operation and maintenance.
    Sec. 8094. Notwithstanding any other provision of law or 
regulation, the Secretary of Defense may hereafter exercise the 
provisions of 38 U.S.C. 7403(g) for occupations listed in 38 U.S.C. 
7403(a)(2) as well as the following:
            Pharmacists, Audiologists, and Dental Hygienists.
            (A) The requirements of 38 U.S.C. 7403(g)(1)(A) shall 
        apply.
            (B) The limitations of 38 U.S.C. 7403(g)(1)(B) shall not 
        apply.
    Sec. 8095. Funds appropriated by this Act, or made available by the 
transfer of funds in this Act, for intelligence activities are deemed 
to be specifically authorized by the Congress for purposes of section 
504 of the National Security Act of 1947 (50 U.S.C. 414) during fiscal 
year 2005 until the enactment of the Intelligence Authorization Act for 
fiscal year 2005.
    Sec. 8096. The total amount appropriated in title IV of this Act is 
hereby reduced by $270,000,000 to reduce cost growth in information 
technology development and modernization, to be derived as follows:
            (1) From ``Research, Development, Test and Evaluation, 
        Army'', $60,000,000.
            (2) From ``Research, Development, Test and Evaluation, 
        Navy'', $29,000,000.
            (3) From ``Research, Development, Test and Evaluation, Air 
        Force'', $72,000,000.
            (4) From ``Research, Development, Test and Evaluation, 
        Defense-Wide'', $109,000,000.
    Sec. 8097. None of the funds in this Act may be used to initiate a 
new start program without prior notification to the Office of Secretary 
of Defense and the congressional defense committees.
    Sec. 8098. The amounts appropriated in title II of this Act are 
hereby reduced by $316,000,000 to reflect cash balance and rate 
stabilization adjustments in Department of Defense Working Capital 
Funds, as follows:
            (1) From ``Operation and Maintenance, Navy'', $150,000,000.
            (2) From ``Operation and Maintenance, Air Force'', 
        $166,000,000.
    Sec. 8099. (a) In addition to the amounts provided elsewhere in 
this Act, the amount of $6,000,000 is hereby appropriated to the 
Department of Defense for ``Operation and Maintenance, Army National 
Guard''. Such amount shall be made available to the Secretary of the 
Army only to make a grant in the amount of $6,000,000 to the entity 
specified in subsection (b) to facilitate access by veterans to 
opportunities for skilled employment in the construction industry.
    (b) The entity referred to in subsection (a) is the Center for 
Military Recruitment, Assessment and Veterans Employment, a nonprofit 
labor-management co-operation committee provided for by section 
302(c)(9) of the Labor-Management Relations Act, 1947 (29 U.S.C. 
186(c)(9)), for the purposes set forth in section 6(b) of the Labor 
Management Cooperation Act of 1978 (29 U.S.C. 175a note).
    Sec. 8100. Financing and Fielding of Key Army Capabilities.--The 
Department of Defense and the Department of the Army shall make future 
budgetary and programming plans to fully finance the Non-Line of Sight 
Future Force cannon and resupply vehicle program (NLOS-C) in order to 
field this system in fiscal year 2010, consistent with the broader plan 
to field the Future Combat System (FCS) in fiscal year 2010: Provided, 
That if the Army is precluded from fielding the FCS program by fiscal 
year 2010, then the Army shall develop the NLOS-C independent of the 
broader FCS development timeline to achieve fielding by fiscal year 
2010. In addition the Army will deliver eight (8) combat operational 
pre-production NLOS-C systems by the end of calendar year 2008. These 
systems shall be in addition to those systems necessary for 
developmental and operational testing: Provided further, That the Army 
shall ensure that budgetary and programmatic plans will provide for no 
fewer that seven (7) Stryker Brigade Combat Teams to be fielded no 
later than fiscal year 2009.
    Sec. 8101. In addition to the amounts appropriated or otherwise 
made available elsewhere in this Act, $6,600,000 is hereby appropriated 
to the Department of Defense, to remain available until September 30, 
2005: Provided, That the Secretary of Defense shall make grants in the 
amount of $2,100,000 to the Intrepid Sea-Air-Space Foundation; 
$2,500,000 to the Presidio Trust only for renovations of the parade 
field; and $2,000,000 to the Fort Ticonderoga Association.
    Sec. 8102. None of the funds appropriated in this Act under the 
heading ``Overseas Contingency Operations Transfer Account'' may be 
transferred or obligated for Department of Defense expenses not 
directly related to the conduct of overseas contingencies: Provided, 
That the Secretary of Defense shall submit a report no later than 30 
days after the end of each fiscal quarter to the Committees on 
Appropriations of the Senate and House of Representatives that details 
any transfer of funds from the ``Overseas Contingency Operations 
Transfer Account'': Provided further, That the report shall explain any 
transfer for the maintenance of real property, pay of civilian 
personnel, base operations support, and weapon, vehicle or equipment 
maintenance.
    Sec. 8103. For purposes of section 1553(b) of title 31, United 
States Code, any subdivision of appropriations made in this Act under 
the heading ``Shipbuilding and Conversion, Navy'' shall be considered 
to be for the same purpose as any subdivision under the heading 
``Shipbuilding and Conversion, Navy'' appropriations in any prior 
fiscal year, and the 1 percent limitation shall apply to the total 
amount of the appropriation.
    Sec. 8104. The budget of the President for fiscal year 2006 
submitted to the Congress pursuant to section 1105 of title 31, United 
States Code shall include separate budget justification documents for 
costs of United States Armed Forces' participation in contingency 
operations for the Military Personnel accounts, the Operation and 
Maintenance accounts, and the Procurement accounts: Provided, That 
these documents shall include a description of the funding requested 
for each contingency operation, for each military service, to include 
all Active and Reserve components, and for each appropriations account: 
Provided further, That these documents shall include estimated costs 
for each element of expense or object class, a reconciliation of 
increases and decreases for each contingency operation, and 
programmatic data including, but not limited to, troop strength for 
each Active and Reserve component, and estimates of the major weapons 
systems deployed in support of each contingency: Provided further, That 
these documents shall include budget exhibits OP-5 and OP-32 (as 
defined in the Department of Defense Financial Management Regulation) 
for all contingency operations for the budget year and the two 
preceding fiscal years.
    Sec. 8105. None of the funds in this Act may be used for research, 
development, test, evaluation, procurement or deployment of nuclear 
armed interceptors of a missile defense system.
    Sec. 8106. Of the amounts provided in title II of this Act under 
the heading, ``Operation and Maintenance, Defense-Wide'', $20,000,000 
is available for the Regional Defense Counter-terrorism Fellowship 
Program, to fund the education and training of foreign military 
officers, ministry of defense civilians, and other foreign security 
officials, to include United States military officers and civilian 
officials whose participation directly contributes to the education and 
training of these foreign students.
    Sec. 8107. None of the funds appropriated or made available in this 
Act shall be used to reduce or disestablish the operation of the 53rd 
Weather Reconnaissance Squadron of the Air Force Reserve, if such 
action would reduce the WC-130 Weather Reconnaissance mission below the 
levels funded in this Act: Provided, That the Air Force shall allow the 
53rd Weather Reconnaissance Squadron to perform other missions in 
support of national defense requirements during the non-hurricane 
season.
    Sec. 8108. (a) Land Conveyances, Norton Air Force Base, 
California.--(1) Forest service conveyance.--Subject to paragraph (2), 
the Secretary of Agriculture shall convey to the Inland Valley 
Development Agency all right, title, and interest of the United States 
in and to a parcel of real property consisting of approximately 3.74 
acres designated as parcel D-1 (including the former Air Force S-2 
Headquarters Building) on the former Norton Air Force Base, California.
    (2) As consideration for the transfer under paragraph (1), the 
Inland Valley Development Agency shall execute a long-term ground lease 
with the Secretary of Agriculture, upon terms acceptable to the Federal 
Aviation Administration, to provide the United States Forest Service 
with a replacement parcel of land of approximately 7.5 acres at the San 
Bernardino International Airport adjacent to current facilities of the 
Forest Service to be used for aeronautical purposes in furtherance of 
wildfire prevention and containment.
    (b) Air Force Conveyance.--(1) Subject to paragraph (2), the 
Secretary of the Air Force shall convey to the Inland Valley 
Development Agency all right, title, and interest of the United States 
in and to certain parcels of real property, including improvements 
thereon, located on or adjacent to the former Norton Air Force Base, 
California, that as of the date of the enactment of this Act have been 
determined through a record of decision to be eligible to be 
transferred to, or held in trust for, the San Manuel Band of Mission 
Indians.
    (2) The Secretary of the Air Force shall make a conveyance under 
paragraph (1) with respect to any parcel of real property to which that 
paragraph applies only upon delivery to the Secretary of an instrument 
executed by the San Manuel Band of Mission Indians that releases and 
extinguishes any real property interest of the San Manuel Band of 
Mission Indians in that parcel of real property.
    Sec. 8109. (a) The total amount appropriated or otherwise made 
available in titles III and IV of this Act is hereby reduced by 
$345,000,000 to reflect savings from revised economic assumptions, to 
be distributed as follows:
            ``Title III'', $189,000,000; and
            ``Title IV'', $156,000,000.
    (b) The Secretary of Defense shall allocate this reduction 
proportionately to each program, project, and activity within each 
applicable appropriation account.

                     (including transfer of funds)

    Sec. 8110. (a) The amount appropriated in title II for ``Operation 
and Maintenance, Air Force'' is hereby reduced by $967,200,000 to 
reflect cash balance and rate stabilization adjustments in the 
Department of Defense Transportation Working Capital Fund.
    (b) Not later than 120 days after the date of the enactment of this 
Act, the Secretary of Defense shall transfer $967,200,000 from the 
Department of Defense Transportation Working Capital Fund to 
``Operation and Maintenance, Air Force'' to offset the reduction made 
by subsection (a). The transfer required by this subsection is in 
addition to any other transfer authority provided to the Department of 
Defense.
    Sec. 8111. None of the funds provided in this Act shall be 
available for integration of foreign intelligence information unless 
the information has been lawfully collected and processed during the 
conduct of authorized foreign intelligence activities: Provided, That 
information pertaining to United States persons shall only be handled 
in accordance with protections provided in the Fourth Amendment of the 
United States Constitution as implemented through Executive Order No. 
12333.
    Sec. 8112. Section 8149(b) of the Department of Defense 
Appropriations Act, 2003 (Public Law 107-248; 10 U.S.C. 2784 note), 
shall remain in effect for fiscal year 2005.
    Sec. 8113. Amounts appropriated in this Act may be used by the 
Department of Defense for the purchase of heavy and light armored 
vehicles for force protection purposes, notwithstanding price or other 
limitations applicable to the purchase of passenger carrying vehicles 
under section 1343 of title 31, United States Code, or any other 
provision of law: Provided, That the Secretary of Defense shall submit 
a report no later than 30 days after the end of each fiscal quarter 
notifying the congressional defense committees of any purchase 
described in this section, including the cost, purposes, and quantities 
of vehicles purchased.
    Sec. 8114. Of the amount appropriated under the heading ``Operation 
and Maintenance, Marine Corps'' for the Marine Corps Air-Ground Task 
Force Training Center, Twenty Nine Palms, California, $4,500,000 shall 
be available to the Secretary of the Navy to enter into a contract, 
notwithstanding any other provision of law, for the widening of Adobe 
Road, which is used by members of the Marine Corps stationed at the 
installation and their dependents, and for construction of pedestrian 
and bike lanes for the road, to provide for the safety of the Marines 
stationed at the installation.
    Sec. 8115. In addition to amounts appropriated or otherwise made 
available in this Act, there is hereby appropriated $3,000,000, for 
``Operation and Maintenance, Marine Corps'': Provided, That the 
Secretary of the Navy shall make a grant in that amount to the ``Hi-
Desert Memorial Health Care District'', Joshua Tree, California, for 
the purposes of providing a capability for non-invasive assessment, 
diagnostic testing and treatment in support of service personnel and 
their families stationed at the Marine Corps Air-Ground Task Force 
Training Center.
    Sec. 8116. (a) Land Conveyance, Army Reserve Training Center, 
Wooster, Ohio.--The Secretary of the Army may convey, without 
consideration, to the City of Wooster, Ohio, all right, title, and 
interest of the United States in and to a parcel of real property, 
including improvements thereon, that is located at 1676 Portage Road, 
Wooster, Ohio, and contains a former Army Reserve Training Center.
    (b) Description of Property.--The exact acreage and legal 
description of the real property to be conveyed under subsection (a) 
shall be determined by a survey satisfactory to the Secretary. The cost 
of the survey shall be borne by the City of Wooster, Ohio.
    (c) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the conveyance 
under subsection (a) as the Secretary considers appropriate to protect 
the interests of the United States.
    Sec. 8117. (a) At the time members of reserve components of the 
Armed Forces are called or ordered to active duty under section 
12302(a) of title 10, United States Code, each member shall be notified 
in writing of the expected period during which the member will be 
mobilized.
    (b) The Secretary of Defense may waive the requirements of 
subsection (a) in any case in which the Secretary determines that it is 
necessary to do so to respond to a national security emergency or to 
meet dire operational requirements of the Armed Forces.

                     (including transfer of funds)

    Sec. 8118. The Secretary of the Navy may transfer funds from any 
available Department of the Navy appropriation to any available Navy 
ship construction appropriation for the purpose of liquidating 
necessary changes resulting from inflation, market fluctuations, or 
rate adjustments for any ship construction program appropriated in law: 
Provided, That the Secretary may transfer not to exceed $100,000,000 
under the authority provided by this section: Provided further, That 
the funding transferred shall be available for the same time period as 
the appropriation to which transferred: Provided further, That the 
Secretary may not transfer any funds until 30 days after the proposed 
transfer has been reported to the Committee on Appropriations of the 
Senate and the House of Representatives, unless sooner notified by the 
Committees that there is no objection to the proposed transfer: 
Provided further, That the transfer authority provided by this section 
is in addition to any other transfer authority contained elsewhere in 
this Act.
    Sec. 8119. The amounts appropriated in title II of this Act are 
hereby reduced by $100,000,000 to reflect savings attributable to the 
offsetting of payments to contractors for the collection, pursuant to 
law, of unpaid taxes owed to the United States, as follows:
            (1) From ``Operation and Maintenance, Army'', $22,000,000.
            (2) From ``Operation and Maintenance, Navy'', $26,000,000.
            (3) From ``Operation and Maintenance, Marine Corps'', 
        $2,000,000.
            (4) From ``Operation and Maintenance, Air Force'', 
        $50,000,000.
    Sec. 8120. The total amount appropriated in title IV is hereby 
reduced by $685,000,000 to decrease amounts budgeted in anticipation of 
the application of non-statutory funding set asides: Provided, That 
this reduction shall be allocated proportionately to each budgeted 
program, program element, project, and activity: Provided further, That 
funds made available for programs of the National Foreign Intelligence 
Program (NFIP) are exempt from the application of this provision.

                     (including transfer of funds)

    Sec. 8121. Tanker Replacement Transfer Fund.--In addition to funds 
made available elsewhere in this Act, there is hereby appropriated 
$100,000,000, to remain available until transferred: Provided, That 
these funds are appropriated to the ``Tanker Replacement Transfer 
Fund'' (referred to as ``the Fund'' elsewhere in this section), which 
is hereby established in the Treasury: Provided further, That the 
Secretary of the Air Force may transfer amounts in the Fund to 
``Operation and Maintenance, Air Force'', ``Aircraft Procurement, Air 
Force'', and ``Research, Development, Test and Evaluation, Air Force'', 
only for the purposes of proceeding with a KC-767 tanker acquisition 
program: Provided further, That these funds may be made available to 
implement the provisions of section 117 of the House-passed version of 
H.R. 4200 (108th Congress), the National Defense Authorization Act for 
Fiscal Year 2005: Provided further, That funds transferred shall be 
merged with and be available for the same purposes and for the same 
time period as the appropriation or fund to which transferred: Provided 
further, That this transfer authority is in addition to any other 
transfer authority available to the Department of Defense: Provided 
further, That the Secretary of the Air Force shall, not fewer than 15 
days prior to making transfers using funds provided in this section, 
notify the congressional defense committees in writing of the details 
of any such transfer: Provided further, That the Secretary shall submit 
a report no later than 30 days after the end of each fiscal quarter to 
the congressional defense committees summarizing the details of the 
transfer of funds from this appropriation.
    Sec. 8122. None of the funds appropriated or otherwise made 
available by this Act may be used to amend or cancel, or implement any 
amendment or cancellation of, Department of Defense Directive 1344.7, 
``Personal Commercial Solicitation on DoD Installations'', until after 
the end of the one-year period beginning on the date on which the 
report containing the results of the investigation regarding insurance 
premium allotment processing, which is underway as of the date of the 
enactment of this Act, is submitted to the congressional defense 
committees (as defined in section 101(a)(16) of title 10, United States 
Code), the Committee on Government Reform of the House of 
Representatives, and the Committee on Governmental Affairs of the 
Senate.
    Sec. 8123. The Secretary of Defense shall provide a report to the 
congressional defense committees not later than July 30, 2004, that 
addresses how the Department of Defense (DoD) is improving the dud rate 
of cluster munitions to meet existing DoD policies. This report shall 
address: (1) the types and quantities of munitions systems that employ 
cluster munitions presently in DoD's inventory that do and do not meet 
the 1-percent dud rate policy; (2) DoD efforts to ensure the 
development of cluster munitions that meet the 1-percent dud rate 
policy, including a list of programs funded in fiscal year 2005; and 
(3) a schedule describing the DoD cluster munitions inventory profile 
from the present until the time this inventory will meet the 1-percent 
dud rate policy.

                  TITLE IX--ADDITIONAL APPROPRIATIONS

                               CHAPTER I

                    DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For an additional amount for ``Military Personnel, Army'', 
$2,552,200,000: Provided, That, if the enactment of this title occurs 
during fiscal year 2004, such amount is designated as an emergency 
requirement pursuant to section 402 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives by H. 
Res. 649 (108th Congress): Provided further, That, if the enactment of 
this title occurs during fiscal year 2005, such amount is designated as 
making appropriations for overseas contingency operations pursuant to 
section 403 of such S. Con. Res. 95.

                        Military Personnel, Navy

    For an additional amount for ``Military Personnel, Navy'', 
$232,200,000: Provided, That, if the enactment of this title occurs 
during fiscal year 2004, such amount is designated as an emergency 
requirement pursuant to section 402 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives by H. 
Res. 649 (108th Congress): Provided further, That, if the enactment of 
this title occurs during fiscal year 2005, such amount is designated as 
making appropriations for overseas contingency operations pursuant to 
section 403 of such S. Con. Res. 95.

                    Military Personnel, Marine Corps

    For an additional amount for ``Military Personnel, Marine Corps'', 
$273,200,000: Provided, That, if the enactment of this title occurs 
during fiscal year 2004, such amount is designated as an emergency 
requirement pursuant to section 402 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives by H. 
Res. 649 (108th Congress): Provided further, That, if the enactment of 
this title occurs during fiscal year 2005, such amount is designated as 
making appropriations for overseas contingency operations pursuant to 
section 403 of such S. Con. Res. 95.

                     Military Personnel, Air Force

    For an additional amount for ``Military Personnel, Air Force'', 
$874,400,000: Provided, That, if the enactment of this title occurs 
during fiscal year 2004, such amount is designated as an emergency 
requirement pursuant to section 402 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives by H. 
Res. 649 (108th Congress): Provided further, That, if the enactment of 
this title occurs during fiscal year 2005, such amount is designated as 
making appropriations for overseas contingency operations pursuant to 
section 403 of such S. Con. Res. 95.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

    For an additional amount for ``Operation and Maintenance, Army'', 
$11,698,400,000: Provided, That, if the enactment of this title occurs 
during fiscal year 2004, such amount is designated as an emergency 
requirement pursuant to section 402 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives by H. 
Res. 649 (108th Congress): Provided further, That, if the enactment of 
this title occurs during fiscal year 2005, such amount is designated as 
making appropriations for overseas contingency operations pursuant to 
section 403 of such S. Con. Res. 95.

                    Operation and Maintenance, Navy

    For an additional amount for ``Operation and Maintenance, Navy'', 
$303,000,000: Provided, That, if the enactment of this title occurs 
during fiscal year 2004, such amount is designated as an emergency 
requirement pursuant to section 402 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives by H. 
Res. 649 (108th Congress): Provided further, That, if the enactment of 
this title occurs during fiscal year 2005, such amount is designated as 
making appropriations for overseas contingency operations pursuant to 
section 403 of such S. Con. Res. 95.

                Operation and Maintenance, Marine Corps

    For an additional amount for ``Operation and Maintenance, Marine 
Corps'', $1,295,000,000: Provided, That, if the enactment of this title 
occurs during fiscal year 2004, such amount is designated as an 
emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives by H. 
Res. 649 (108th Congress): Provided further, That, if the enactment of 
this title occurs during fiscal year 2005, such amount is designated as 
making appropriations for overseas contingency operations pursuant to 
section 403 of such S. Con. Res. 95.

                  Operation and Maintenance, Air Force

    For an additional amount for ``Operation and Maintenance, Air 
Force'', $744,000,000: Provided, That, if the enactment of this title 
occurs during fiscal year 2004, such amount is designated as an 
emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives by H. 
Res. 649 (108th Congress): Provided further, That, if the enactment of 
this title occurs during fiscal year 2005, such amount is designated as 
making appropriations for overseas contingency operations pursuant to 
section 403 of such S. Con. Res. 95.

                Operation and Maintenance, Defense-Wide

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $295,000,000: Provided, That, if the enactment of this title 
occurs during fiscal year 2004, such amount is designated as an 
emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives by H. 
Res. 649 (108th Congress): Provided further, That, if the enactment of 
this title occurs during fiscal year 2005, such amount is designated as 
making appropriations for overseas contingency operations pursuant to 
section 403 of such S. Con. Res. 95.

                           Iraq Freedom Fund

                     (including transfer of funds)

    For an additional amount for ``Iraq Freedom Fund'', $2,978,000,000, 
to remain available for transfer until September 30, 2006, for the 
purposes authorized under this heading in Public Law 108-11: Provided, 
That the Secretary of Defense may transfer the funds provided herein to 
appropriations for military personnel; operation and maintenance; 
Overseas Humanitarian, Disaster, and Civic Aid; procurement; research, 
development, test and evaluation; the Defense Health Program; and 
working capital funds: Provided further, That of the amounts provided 
under this heading, not less than $1,978,000,000 shall be for 
classified programs, which shall be in addition to amounts provided for 
elsewhere in this title, and under this heading: Provided further, That 
funds transferred shall be merged with and be available for the same 
purposes and for the same time period as the appropriation or fund to 
which transferred: Provided further, That this transfer authority is in 
addition to any other transfer authority available to the Department of 
Defense: Provided further, That upon a determination that all or part 
of the funds transferred from this appropriation are not necessary for 
the purposes provided herein, such amounts may be transferred back to 
this appropriation: Provided further, That the Secretary of Defense 
shall, not fewer than 5 days prior to making transfers from this 
appropriation, notify the congressional defense committees in writing 
of the details of any such transfer: Provided further, That the 
Secretary shall submit a report no later than 30 days after the end of 
each fiscal quarter to the congressional defense committees summarizing 
the details of the transfer of funds from this appropriation: Provided 
further, That, if the enactment of this title occurs during fiscal year 
2004, such amount is designated as an emergency requirement pursuant to 
section 402 of S. Con. Res. 95 (108th Congress), as made applicable to 
the House of Representatives by H. Res. 649 (108th Congress): Provided 
further, That, if the enactment of this title occurs during fiscal year 
2005, such amount is designated as making appropriations for overseas 
contingency operations pursuant to section 403 of such S. Con. Res. 95.

                              PROCUREMENT

                       Missile Procurement, Army

    For an additional amount for ``Missile Procurement, Army'', 
$42,800,000, to remain available until September 30, 2007: Provided, 
That, if the enactment of this title occurs during fiscal year 2004, 
such amount is designated as an emergency requirement pursuant to 
section 402 of S. Con. Res. 95 (108th Congress), as made applicable to 
the House of Representatives by H. Res. 649 (108th Congress): Provided 
further, That, if the enactment of this title occurs during fiscal year 
2005, such amount is designated as making appropriations for overseas 
contingency operations pursuant to section 403 of such S. Con. Res. 95.

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For an additional amount for ``Procurement of Weapons and Tracked 
Combat Vehicles, Army'', $201,900,000, to remain available until 
September 30, 2007: Provided, That, if the enactment of this title 
occurs during fiscal year 2004, such amount is designated as an 
emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives by H. 
Res. 649 (108th Congress): Provided further, That, if the enactment of 
this title occurs during fiscal year 2005, such amount is designated as 
making appropriations for overseas contingency operations pursuant to 
section 403 of such S. Con. Res. 95.

                    Procurement of Ammunition, Army

    For an additional amount for ``Procurement of Ammunition, Army'', 
$330,000,000, to remain available until September 30, 2007: Provided, 
That, if the enactment of this title occurs during fiscal year 2004, 
such amount is designated as an emergency requirement pursuant to 
section 402 of S. Con. Res. 95 (108th Congress), as made applicable to 
the House of Representatives by H. Res. 649 (108th Congress): Provided 
further, That, if the enactment of this title occurs during fiscal year 
2005, such amount is designated as making appropriations for overseas 
contingency operations pursuant to section 403 of such S. Con. Res. 95.

                        Other Procurement, Army

    For an additional amount for ``Other Procurement, Army'', 
$1,151,400,000, to remain available until September 30, 2007: Provided, 
That, if the enactment of this title occurs during fiscal year 2004, 
such amount is designated as an emergency requirement pursuant to 
section 402 of S. Con. Res. 95 (108th Congress), as made applicable to 
the House of Representatives by H. Res. 649 (108th Congress): Provided 
further, That, if the enactment of this title occurs during fiscal year 
2005, such amount is designated as making appropriations for overseas 
contingency operations pursuant to section 403 of such S. Con. Res. 95.

                       Aircraft Procurement, Navy

    For an additional amount for ``Aircraft Procurement, Navy'', 
$34,000,000, to remain available until September 30, 2007: Provided, 
That, if the enactment of this title occurs during fiscal year 2004, 
such amount is designated as an emergency requirement pursuant to 
section 402 of S. Con. Res. 95 (108th Congress), as made applicable to 
the House of Representatives by H. Res. 649 (108th Congress): Provided 
further, That, if the enactment of this title occurs during fiscal year 
2005, such amount is designated as making appropriations for overseas 
contingency operations pursuant to section 403 of such S. Con. Res. 95.

            Procurement of Ammunition, Navy and Marine Corps

    For an additional amount for ``Procurement of Ammunition, Navy and 
Marine Corps'', $112,800,000, to remain available until September 30, 
2007: Provided, That, if the enactment of this title occurs during 
fiscal year 2004, such amount is designated as an emergency requirement 
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made 
applicable to the House of Representatives by H. Res. 649 (108th 
Congress): Provided further, That, if the enactment of this title 
occurs during fiscal year 2005, such amount is designated as making 
appropriations for overseas contingency operations pursuant to section 
403 of such S. Con. Res. 95.

                       Procurement, Marine Corps

    For an additional amount for ``Procurement, Marine Corps'', 
$111,400,000, to remain available until September 30, 2007: Provided, 
That, if the enactment of this title occurs during fiscal year 2004, 
such amount is designated as an emergency requirement pursuant to 
section 402 of S. Con. Res. 95 (108th Congress), as made applicable to 
the House of Representatives by H. Res. 649 (108th Congress): Provided 
further, That, if the enactment of this title occurs during fiscal year 
2005, such amount is designated as making appropriations for overseas 
contingency operations pursuant to section 403 of such S. Con. Res. 95.

                      Other Procurement, Air Force

    For an additional amount for ``Other Procurement, Air Force'', 
$35,300,000, to remain available until September 30, 2007: Provided, 
That, if the enactment of this title occurs during fiscal year 2004, 
such amount is designated as an emergency requirement pursuant to 
section 402 of S. Con. Res. 95 (108th Congress), as made applicable to 
the House of Representatives by H. Res. 649 (108th Congress): Provided 
further, That, if the enactment of this title occurs during fiscal year 
2005, such amount is designated as making appropriations for overseas 
contingency operations pursuant to section 403 of such S. Con. Res. 95.

                       Procurement, Defense-Wide

    For an additional amount for ``Procurement, Defense-Wide'', 
$80,000,000, to remain available until September 30, 2007: Provided, 
That, if the enactment of this title occurs during fiscal year 2004, 
such amount is designated as an emergency requirement pursuant to 
section 402 of S. Con. Res. 95 (108th Congress), as made applicable to 
the House of Representatives by H. Res. 649 (108th Congress): Provided 
further, That, if the enactment of this title occurs during fiscal year 
2005, such amount is designated as making appropriations for overseas 
contingency operations pursuant to section 403 of such S. Con. Res. 95.

                  National Guard and Reserve Equipment

    For an additional amount for ``National Guard and Reserve 
Equipment'', $100,000,000, to remain available until September 30, 
2007: Provided, That, if the enactment of this title occurs during 
fiscal year 2004, such amount is designated as an emergency requirement 
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made 
applicable to the House of Representatives by H. Res. 649 (108th 
Congress): Provided further, That, if the enactment of this title 
occurs during fiscal year 2005, such amount is designated as making 
appropriations for overseas contingency operations pursuant to section 
403 of such S. Con. Res. 95.

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

    For an additional amount for ``Defense Working Capital Funds'', 
$1,250,000,000: Provided, That, if the enactment of this title occurs 
during fiscal year 2004, such amount is designated as an emergency 
requirement pursuant to section 402 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives by H. 
Res. 649 (108th Congress): Provided further, That, if the enactment of 
this title occurs during fiscal year 2005, such amount is designated as 
making appropriations for overseas contingency operations pursuant to 
section 403 of such S. Con. Res. 95.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For an additional amount for ``Defense Health Program'', 
$305,000,000 for Operation and maintenance: Provided, That, if the 
enactment of this title occurs during fiscal year 2004, such amount is 
designated as an emergency requirement pursuant to section 402 of S. 
Con. Res. 95 (108th Congress), as made applicable to the House of 
Representatives by H. Res. 649 (108th Congress): Provided further, 
That, if the enactment of this title occurs during fiscal year 2005, 
such amount is designated as making appropriations for overseas 
contingency operations pursuant to section 403 of such S. Con. Res. 95.

                               CHAPTER 2

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    Diplomatic and Consular Programs

    For an additional amount for ``Diplomatic and Consular Programs'' 
for costs associated with United States Mission operations, 
technological support, logistical support, and necessary security costs 
in Iraq, $665,300,000, to remain available until expended: Provided, 
That, if the enactment of this title occurs during fiscal year 2004, 
such amount is designated as an emergency requirement pursuant to 
section 402 of S. Con. Res. 95 (108th Congress), as made applicable to 
the House of Representatives by H. Res. 649 (108th Congress): Provided 
further, That, if the enactment of this title occurs during fiscal year 
2005, such amount is designated as making appropriations for overseas 
contingency operations pursuant to section 403 of such S. Con. Res. 95.

            Embassy Security, Construction, and Maintenance

    For an additional amount for ``Embassy Security, Construction, and 
Maintenance'' for interim facilities for the United States Mission in 
Iraq, $20,000,000, to remain available until expended: Provided, That, 
if the enactment of this title occurs during fiscal year 2004, such 
amount is designated as an emergency requirement pursuant to section 
402 of S. Con. Res. 95 (108th Congress), as made applicable to the 
House of Representatives by H. Res. 649 (108th Congress): Provided 
further, That, if the enactment of this title occurs during fiscal year 
2005, such amount is designated as making appropriations for overseas 
contingency operations pursuant to section 403 of such S. Con. Res. 95.

                               CHAPTER 3

                     BILATERAL ECONOMIC ASSISTANCE

                  FUNDS APPROPRIATED TO THE PRESIDENT

           United States Agency for International Development

              International Disaster and Famine Assistance

    For an additional amount for ``International Disaster and Famine 
Assistance'', $70,000,000, to remain available until September 30, 
2005: Provided, That funds appropriated by this paragraph shall be 
available to respond to the humanitarian crisis in the Darfur region of 
Sudan and in Chad: Provided further, That such amount is designated as 
an emergency requirement pursuant to section 402 of S. Con. Res. 95 
(108th Congress), as made applicable to the House of Representatives by 
H. Res. 649 (108th Congress).

                          Department of State

                    Migration and Refugee Assistance

    For an additional amount for ``Migration and Refugee Assistance'', 
$25,000,000, to remain available until September 30, 2005: Provided, 
That funds appropriated by this paragraph shall be available to respond 
to the humanitarian crisis in the Darfur region of Sudan and in Chad: 
Provided further, That such amount is designated as an emergency 
requirement pursuant to section 402 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives by H. 
Res. 649 (108th Congress).

                      GENERAL PROVISIONS, TITLE IX

    Sec. 9001. Appropriations provided in this title are available for 
obligation until September 30, 2005, unless otherwise so provided in 
this title: Provided, That notwithstanding any other provision of law 
or of this Act, funds in this title are available for obligation, and 
authorities in this title shall apply, upon enactment of this Act.
    Sec. 9002. Notwithstanding any other provision of law or of this 
Act, funds made available in this title are in addition to amounts 
provided elsewhere in this Act.

                          (transfer of funds)

    Sec. 9003. (a) Upon his determination that such action is necessary 
in the national interest, the Secretary of Defense may transfer between 
appropriations up to $2,000,000,000 of the funds made available to the 
Department of Defense in this title: Provided, That the Secretary shall 
notify the Congress promptly of each transfer made pursuant to the 
authority in this section: Provided further, That the authority 
provided in this section is in addition to any other transfer authority 
available to the Department of Defense and is subject to the same terms 
and conditions as the authority provided in section 8005 of this Act.
    (b) Section 8005 of the Department of Defense Appropriations Act, 
2004 (Public Law 108-87; 117 Stat. 1071), is amended--
            (1) by striking ``$2,100,000,000'' and inserting in lieu 
        thereof ``$3,000,000,000''; and
            (2) by striking all after the third proviso and inserting 
        the following: ``: Provided further, That transfers among 
        military personnel appropriations shall not be taken into 
        account for purposes of the limitation on the amount of funds 
        that may be transferred under this section.''.
    (c) Section 168(a) of division H of the Consolidated Appropriations 
Act, 2004 (Public Law 108-199; 118 Stat. 456), is repealed upon 
enactment of this Act.
    (d)(1) If the enactment of this title occurs during fiscal year 
2004, the amounts made available by the transfer of funds in or 
pursuant to this section are designated as emergency requirements 
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made 
applicable to the House of Representatives by H. Res. 649 (108th 
Congress).
    (2) If the enactment of this title occurs during fiscal year 2005, 
such amounts are designated as making appropriations for overseas 
contingency operations pursuant to section 403 of such S. Con. Res. 95.
    Sec. 9004. Funds appropriated in this title, or made available by 
the transfer of funds in or pursuant to this title, for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414).
    Sec. 9005. None of the funds provided in this title may be used to 
finance programs or activities denied by Congress in fiscal year 2005 
appropriations to the Department of Defense or to initiate a 
procurement or research, development, test and evaluation new start 
program without prior notification to the congressional defense 
committees.
    Sec. 9006. Sections 1318 and 1319 of the Emergency Wartime 
Supplemental Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 
571), shall remain in effect during fiscal year 2005.
    Sec. 9007. From October 1, 2004, through September 30, 2005, (a) 
the rates of pay authorized by section 310(a) of title 37, United 
States Code, shall be $225; and (b) the rates of pay authorized by 
section 427(a)(1) of title 37, United States Code, shall be $250.
    Sec. 9008. Notwithstanding any other provision of law, from funds 
made available in this title to the Department of Defense for operation 
and maintenance, not to exceed $500,000,000 may be used by the 
Secretary of Defense, with the concurrence of the Secretary of State, 
to train, equip, and provide related assistance to military or security 
forces in Iraq and Afghanistan, to enhance their capability to combat 
terrorism and to support U.S. military operations in Iraq and 
Afghanistan: Provided, That such assistance may include the provision 
of equipment, supplies, services, training and funding: Provided 
further, That the authority to provide assistance under this section is 
in addition to any other authority to provide assistance to foreign 
nations: Provided further, That the Secretary of Defense shall notify 
the congressional defense committees, the Committee on International 
Relations of the House of Representatives, and the Committee on Foreign 
Relations of the Senate not less than 15 days before providing 
assistance under the authority of this section.
    Sec. 9009. From funds made available in this title to the 
Department of Defense for operation and maintenance, not to exceed 
$300,000,000 may be used, notwithstanding any other provision of law, 
to fund the Commander's Emergency Response Program, for the purpose of 
enabling military commanders in Iraq to respond to urgent humanitarian 
relief and reconstruction requirements within their areas of 
responsibility by carrying out programs that will immediately assist 
the Iraqi people, and to fund a similar program to assist the people of 
Afghanistan: Provided, That the Secretary of Defense shall provide 
quarterly reports to the congressional defense committees regarding the 
source of funds and the allocation and use of funds made available 
pursuant to the authority provided in this section.
    Sec. 9010. Section 202(b) of the Afghanistan Freedom Support Act of 
2002 (22 U.S.C. 7532(b)) is amended by striking ``$450,000,000'' and 
inserting in lieu thereof ``$650,000,000''.
    Sec. 9011. Funds available to the Department of Defense for 
operation and maintenance in this title may be used, notwithstanding 
any other provision of law, to provide supplies, services, 
transportation, including airlift and sealift, and other logistical 
support to coalition forces supporting military and stability 
operations in Iraq and Afghanistan: Provided, That the Secretary of 
Defense shall provide quarterly reports to the congressional defense 
committees regarding support provided under this section.
    Sec. 9012. (a) Not later than April 30 and October 31 of each year, 
the Secretary of Defense shall submit to Congress a report on the 
military operations of the Armed Forces and the reconstruction 
activities of the Department of Defense in Iraq and Afghanistan.
    (b) Each report shall include the following information:
            (1) For each of Iraq and Afghanistan for the half-fiscal 
        year ending during the month preceding the due date of the 
        report, the amount expended for military operations of the 
        Armed Forces and the amount expended for reconstruction 
        activities, together with the cumulative total amounts expended 
        for such operations and activities.
            (2) An assessment of the progress made toward preventing 
        attacks on United States personnel.
            (3) An assessment of the effects of the operations and 
        activities in Iraq and Afghanistan on the readiness of the 
        Armed Forces.
            (4) An assessment of the effects of the operations and 
        activities in Iraq and Afghanistan on the recruitment and 
        retention of personnel for the Armed Forces.
            (5) For the half-fiscal year ending during the month 
        preceding the due date of the report, the costs incurred for 
        repair of Department of Defense equipment used in the 
        operations and activities in Iraq and Afghanistan.
            (6) The foreign countries, international organizations, and 
        nongovernmental organizations that are contributing support for 
        the ongoing military operations and reconstruction activities, 
        together with a discussion of the amount and types of support 
        contributed by each during the half-fiscal year ending during 
        the month preceding the due date of the report.
            (7) The extent to which, and the schedule on which, the 
        Selected Reserve of the Ready Reserve of the Armed Forces is 
        being involuntarily ordered to active duty under section 12304 
        of title 10, United States Code.
            (8) For each unit of the National Guard of the United 
        States and the other reserve components of the Armed Forces on 
        active duty pursuant to an order to active duty under section 
        12304 of title 10, United States Code, the following 
        information:
                    (A) The unit.
                    (B) The projected date of return of the unit to its 
                home station.
                    (C) The extent (by percentage) to which the forces 
                deployed within the United States and outside the 
                United States in support of a contingency operation are 
                composed of reserve component forces.
    Sec. 9013. Authorities contained in sections 402, 407, and 605 of 
division B of Public Law 108-199 shall also apply to amounts provided 
in this title for the Department of State.
    Sec. 9014. Congress, consistent with international and United 
States law, reaffirms that torture of prisoners of war and detainees is 
illegal and does not reflect the policies of the United States 
Government or the values of the people of the United States.
    Sec. 9015. The President shall provide to the Congress a report 
detailing the estimated costs over the period from fiscal year 2006 to 
2011 of Operation Iraqi Freedom and Operation Enduring Freedom, or any 
related military operations in and around Iraq and Afghanistan, and the 
estimated costs of reconstruction, internal security, and related 
economic support to Iraq and Afghanistan: Provided, That the President 
may waive the requirement to submit this report only if the President 
certifies in writing to the Congress that estimates of these future 
military and economic support costs cannot be provided for purposes of 
national security: Provided further, That the report referenced above 
shall be submitted no later than October 1, 2004.
    Sec. 9016. Section 3101 of title 31, United States Code, is amended 
by adding at the end the following new subsection:
            ``(d) The United States Government shall take all steps 
        necessary to guarantee the full faith and credit of the 
        Government.''.
    Sec. 9017. From within funds made available in chapter 1 of this 
title, the Secretary of Defense shall use such funds as necessary to 
provide to Congress, not later than 4 months after the date of the 
enactment of this Act, a list of all contracts entered into by the 
Department of Defense for the provision of security, translation, and 
interrogation services in Iraq, Afghanistan, or Guantanamo Bay, and the 
amount of each such contract.
    Sec. 9018. None of the funds made available in chapter 1 of this 
title may be used to fund any contract in contravention of section 
8(d)(6) of the Small Business Act (15 U.S.C. 637(d)(6)).
    This Act may be cited as the ``Department of Defense 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 Defense for the fiscal year 
           ending September 30, 2005, and for other purposes.

_______________________________________________________________________

                June 23 (legislative day, June 22), 2004

            Received; read twice and placed on the calendar
```