IB 

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108TH CONGRESS 

2D SESSION H. R. 4613

IN THE HOUSE OF REPRESENTATIVES 

JUNE 24, 2004

Ordered to be printed with the amendment of the Senate 

[Strike out all after the enacting clause and insert the part printed in italic] 

AN ACT

Making appropriations for the Department of Defense for 

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

purposes.

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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

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

7 other purposes, namely:
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1 TITLE I 

2 MILITARY PERSONNEL 

3 MILITARY PERSONNEL, ARMY

4 For pay, allowances, individual clothing, subsistence, 

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

8 between permanent duty stations, for members of the 

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

11 and for payments pursuant to section 156 of Public Law 

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

14 $29,507,672,000. 

15 MILITARY PERSONNEL, NAVY

16 For pay, allowances, individual clothing, subsistence, 

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

20 between permanent duty stations, for members of the 

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

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

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

2 $24,416,157,000. 

3 MILITARY PERSONNEL, MARINE CORPS

4 For pay, allowances, individual clothing, subsistence, 

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

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

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

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

14 MILITARY PERSONNEL, AIR FORCE

15 For pay, allowances, individual clothing, subsistence, 

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

19 between permanent duty stations, for members of the Air 

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

22 and for payments pursuant to section 156 of Public Law 

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

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

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

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

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

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

7 States Code, in connection with performing duty specified 

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

9 while undergoing reserve training, or while performing 

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

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

13 and for payments to the Department of Defense Military 

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

15 RESERVE PERSONNEL, NAVY

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

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

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

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

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

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

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

3 $2,108,232,000. 

4 RESERVE PERSONNEL, MARINE CORPS

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

6 travel, and related expenses for personnel of the Marine 

7 Corps Reserve on active duty under section 10211 of title 

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

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

10 in connection with performing duty specified in section 

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

14 leaders class, and expenses authorized by section 16131 

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

16 Department of Defense Military Retirement Fund, 

17 $653,073,000. 

18 RESERVE PERSONNEL, AIR FORCE

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

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

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

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

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

24 States Code, in connection with performing duty specified 

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

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

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

4 authorized by section 16131 of title 10, United States 

5 Code; and for payments to the Department of Defense 

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

7 NATIONAL GUARD PERSONNEL, ARMY

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

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

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

12 States Code, or while serving on duty under section 

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

14 States Code, in connection with performing duty specified 

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

16 while undergoing training, or while performing drills or 

17 equivalent duty or other duty, and expenses authorized by 

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

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

21 NATIONAL GUARD PERSONNEL, AIR FORCE

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

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

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

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

3 in connection with performing duty specified in section 

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

6 duty or other duty, and expenses authorized by section 

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

8 to the Department of Defense Military Retirement Fund, 

9 $2,536,742,000. 

10 TITLE II 

11 OPERATION AND MAINTENANCE 

12 OPERATION AND MAINTENANCE, ARMY

13 (INCLUDING TRANSFER OF FUNDS)

14 For expenses, not otherwise provided for, necessary 

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

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

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

20 of necessity for confidential military purposes, 

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

23 shall be made available only for conventional ammunition 

24 care and maintenance: Provided further, That of funds 

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

2 conditions as provided under the heading ‘‘Operation and 

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

4 OPERATION AND MAINTENANCE, NAVY

5 For expenses, not otherwise provided for, necessary 

6 for the operation and maintenance of the Navy and the 

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

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

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

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

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

13 OPERATION AND MAINTENANCE, MARINE CORPS

14 For expenses, not otherwise provided for, necessary 

15 for the operation and maintenance of the Marine Corps, 

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

17 OPERATION AND MAINTENANCE, AIR FORCE

18 For expenses, not otherwise provided for, necessary 

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

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

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

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

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

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

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

6 OPERATION AND MAINTENANCE, DEFENSE-WIDE

7 (INCLUDING TRANSFER OF FUNDS)

8 For expenses, not otherwise provided for, necessary 

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

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

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

13 Combatant Commander Initiative Fund; and of which not 

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

15 extraordinary expenses, to be expended on the approval 

16 or authority of the Secretary of Defense, and payments 

17 may be made on his certificate of necessity for confidential 

18 military purposes: Provided, That notwithstanding any 

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

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

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

23 and Leadership program and Department of Defense 

24 STARBASE program: Provided further, That of the funds 

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

4 economically disadvantaged backgrounds to participate in 

5 academic and educational programs in the Department of 

6 Defense and related Federal defense agencies: Provided 

7 further, That none of the funds appropriated or otherwise 

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

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

12 service headquarters of one of the Armed Forces into a 

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

15 is available only for expenses relating to certain classified 

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

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

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

22 cost of items that may be purchased with operation and 

23 maintenance funds shall not apply to the funds described 

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

2 Act. 

3 OPERATION AND MAINTENANCE, ARMY RESERVE

4 For expenses, not otherwise provided for, necessary 

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

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

11 OPERATION AND MAINTENANCE, NAVY RESERVE

12 For expenses, not otherwise provided for, necessary 

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

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

19 OPERATION AND MAINTENANCE, MARINE CORPS

20 RESERVE

21 For expenses, not otherwise provided for, necessary 

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

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

3 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

4 For expenses, not otherwise provided for, necessary 

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

7 repair of facilities and equipment; hire of passenger motor 

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

11 OPERATION AND MAINTENANCE, ARMY NATIONAL

12 GUARD

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

15 hospital treatment and related expenses in non-Federal 

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

20 Army personnel on active duty, for Army National Guard 

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

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

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

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

3 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

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

6 hospital treatment and related expenses in non-Federal 

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

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

11 modification, maintenance, and issue of supplies and 

12 equipment, including those furnished from stocks under 

13 the control of agencies of the Department of Defense; 

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

15 authorized by law for Air National Guard personnel on 

16 active Federal duty, for Air National Guard commanders 

17 while inspecting units in compliance with National Guard 

18 Bureau regulations when specifically authorized by the 

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

20 OVERSEAS CONTINGENCY OPERATIONS TRANSFER

21 ACCOUNT

22 (INCLUDING TRANSFER OF FUNDS)

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

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

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

6 capital funds: Provided further, That the funds transferred 

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

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

10 determination that all or part of the funds transferred 

11 from this appropriation are not necessary for the purposes 

12 provided herein, such amounts may be transferred back 

13 to this appropriation: Provided further, That the transfer 

14 authority provided in this paragraph is in addition to any 

15 other transfer authority contained elsewhere in this Act. 

16 UNITED STATES COURT OF APPEALS FOR THE ARMED

17 FORCES

18 For salaries and expenses necessary for the United 

19 States Court of Appeals for the Armed Forces, 

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

21 for official representation purposes. 

22 ENVIRONMENTAL RESTORATION, ARMY

23 (INCLUDING TRANSFER OF FUNDS)

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

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

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

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

5 for similar purposes, transfer the funds made available by 

6 this appropriation to other appropriations made available 

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

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

9 time period as the appropriations to which transferred: 

10 Provided further, That upon a determination that all or 

11 part of the funds transferred from this appropriation are 

12 not necessary for the purposes provided herein, such 

13 amounts may be transferred back to this appropriation. 

14 ENVIRONMENTAL RESTORATION, NAVY

15 (INCLUDING TRANSFER OF FUNDS)

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

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

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

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

22 for similar purposes, transfer the funds made available by 

23 this appropriation to other appropriations made available 

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

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

2 Provided further, That upon a determination that all or 

3 part of the funds transferred from this appropriation are 

4 not necessary for the purposes provided herein, such 

5 amounts may be transferred back to this appropriation. 

6 ENVIRONMENTAL RESTORATION, AIR FORCE

7 (INCLUDING TRANSFER OF FUNDS)

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

9 to remain available until transferred: Provided, That the 

10 Secretary of the Air Force shall, upon determining that 

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

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

15 available by this appropriation to other appropriations 

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

17 merged with and to be available for the same purposes 

18 and for the same time period as the appropriations to 

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

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

23 this appropriation. 
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1 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

2 (INCLUDING TRANSFER OF FUNDS)

3 For the Department of Defense, $26,684,000, to re4 main available until transferred: Provided, That the Sec5 retary of Defense shall, upon determining that such funds 

6 are required for environmental restoration, reduction and 

7 recycling of hazardous waste, removal of unsafe buildings 

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

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

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

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

17 may be transferred back to this appropriation. 

18 ENVIRONMENTAL RESTORATION, FORMERLY USED

19 DEFENSE SITES

20 (INCLUDING TRANSFER OF FUNDS)

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

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

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

3 appropriation to other appropriations made available to 

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

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

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

8 of the funds transferred from this appropriation are not 

9 necessary for the purposes provided herein, such amounts 

10 may be transferred back to this appropriation. 

11 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

12 For expenses relating to the Overseas Humanitarian, 

13 Disaster, and Civic Aid programs of the Department of 

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

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

18 FORMER SOVIET UNION THREAT REDUCTION ACCOUNT

19 For assistance to the republics of the former Soviet 

20 Union, including assistance provided by contract or by 

21 grants, for facilitating the elimination and the safe and 

22 secure transportation and storage of nuclear, chemical and 

23 other weapons; for establishing programs to prevent the 

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

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

5 to remain available until September 30, 2007. 

6 TITLE III 

7 PROCUREMENT 

8 AIRCRAFT PROCUREMENT, ARMY

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

11 ordnance, ground handling equipment, spare parts, and 

12 accessories therefor; specialized equipment and training 

13 devices; expansion of public and private plants, including 

14 the land necessary therefor, for the foregoing purposes, 

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

16 and construction prosecuted thereon prior to approval of 

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

19 reserve plant and Government and contractor-owned 

20 equipment layaway; and other expenses necessary for the 

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

22 for obligation until September 30, 2007, of which 

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

24 Army Reserve. 
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1 MISSILE PROCUREMENT, ARMY

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

4 ordnance, ground handling equipment, spare parts, and 

5 accessories therefor; specialized equipment and training 

6 devices; expansion of public and private plants, including 

7 the land necessary therefor, for the foregoing purposes, 

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

9 and construction prosecuted thereon prior to approval of 

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

12 reserve plant and Government and contractor-owned 

13 equipment layaway; and other expenses necessary for the 

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

15 for obligation until September 30, 2007, of which 

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

17 Army Reserve. 

18 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

19 VEHICLES, ARMY

20 For construction, procurement, production, and 

21 modification of weapons and tracked combat vehicles, 

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

24 expansion of public and private plants, including the land 

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

3 procurement and installation of equipment, appliances, 

4 and machine tools in public and private plants; reserve 

5 plant and Government and contractor-owned equipment 

6 layaway; and other expenses necessary for the foregoing 

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

9 be for the Army National Guard and Army Reserve. 

10 PROCUREMENT OF AMMUNITION, ARMY

11 For construction, procurement, production, and 

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

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

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

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

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

2 Army Reserve. 

3 OTHER PROCUREMENT, ARMY

4 For construction, procurement, production, and 

5 modification of vehicles, including tactical, support, and 

6 non-tracked combat vehicles; the purchase of passenger 

7 motor vehicles for replacement only; communications and 

8 electronic equipment; other support equipment; spare 

9 parts, ordnance, and accessories therefor; specialized 

10 equipment and training devices; expansion of public and 

11 private plants, including the land necessary therefor, for 

12 the foregoing purposes, and such lands and interests 

13 therein, may be acquired, and construction prosecuted 

14 thereon prior to approval of title; and procurement and 

15 installation of equipment, appliances, and machine tools 

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

18 expenses necessary for the foregoing purposes, 

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

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

21 the Army National Guard and Army Reserve. 

22 AIRCRAFT PROCUREMENT, NAVY

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

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

4 thereon prior to approval of title; and procurement and 

5 installation of equipment, appliances, and machine tools 

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

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

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

10 the Navy Reserve and Marine Corps Reserve. 

11 WEAPONS PROCUREMENT, NAVY

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

15 and accessories therefor; expansion of public and private 

16 plants, including the land necessary therefor, and such 

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

19 procurement and installation of equipment, appliances, 

20 and machine tools in public and private plants; reserve 

21 plant and Government and contractor-owned equipment 

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

2 CORPS

3 For construction, procurement, production, and 

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

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

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

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

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

18 Corps Reserve. 

19 SHIPBUILDING AND CONVERSION, NAVY

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

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

2 constructed or converted in the future; and expansion of 

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

5 and construction prosecuted thereon prior to approval of 

6 title, as follows: 

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

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

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

10 SSGN, $469,226,000; 

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

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

13 SSN Submarine Refueling Overhauls (AP), 

14 $19,368,000; 

15 SSBN Submarine Refueling Overhauls, 

16 $262,229,000; 

17 SSBN Submarine Refueling Overhauls (AP), 

18 $63,971,000; 

19 DDG–51 Destroyer, $3,444,950,000; 

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

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

22 LHD–8, $236,018,000; 

23 LPD–17, $966,559,000; 

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

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

2 $90,490,000; 

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

4 For outfitting, post delivery, conversions, and first 

5 destination transportation, $403,327,000. 

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

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

10 other such budgeted work that must be performed in the 

11 final stage of ship construction: Provided further, That 

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

16 components of such vessel: Provided further, That none 

17 of the funds provided under this heading shall be used 

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

20 OTHER PROCUREMENT, NAVY

21 For procurement, production, and modernization of 

22 support equipment and materials not otherwise provided 

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

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

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

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

3 be acquired, and construction prosecuted thereon prior to 

4 approval of title; and procurement and installation of 

5 equipment, appliances, and machine tools in public and 

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

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

10 Marine Corps Reserve: Provided, That funds available in 

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

14 PROCUREMENT, MARINE CORPS

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

17 equipment, spare parts, and accessories therefor; plant 

18 equipment, appliances, and machine tools, and installation 

19 thereof in public and private plants; reserve plant and 

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

23 of public and private plants, including land necessary 

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

3 shall be available for the Marine Corps Reserve. 

4 AIRCRAFT PROCUREMENT, AIR FORCE

5 For construction, procurement, and modification of 

6 aircraft and equipment, including armor and armament, 

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

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

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

12 the foregoing purposes, and such lands and interests 

13 therein, may be acquired, and construction prosecuted 

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

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

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

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

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

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

25 than 15 C–17 aircraft: Provided further, That the Sec-
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HR 4613 PP1S 

1 retary of the Air Force shall fully fund the procurement 

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

3 MISSILE PROCUREMENT, AIR FORCE

4 For construction, procurement, and modification of 

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

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

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

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

12 construction prosecuted thereon prior to approval of title; 

13 reserve plant and Government and contractor-owned 

14 equipment layaway; and other expenses necessary for the 

15 foregoing purposes including rents and transportation of 

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

17 until September 30, 2007. 

18 PROCUREMENT OF AMMUNITION, AIR FORCE

19 For construction, procurement, production, and 

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

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

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

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

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

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

9 Force Reserve. 

10 OTHER PROCUREMENT, AIR FORCE

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

13 and ground electronic and communication equipment), 

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

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

20 the foregoing purposes, and such lands and interests 

21 therein, may be acquired, and construction prosecuted 

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

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

2 the Air National Guard and Air Force Reserve. 

3 PROCUREMENT, DEFENSE-WIDE

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

6 necessary for procurement, production, and modification 

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

9 motor vehicles for replacement only; expansion of public 

10 and private plants, equipment, and installation thereof in 

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

12 for the foregoing purposes, and such lands and interests 

13 therein, may be acquired, and construction prosecuted 

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

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

17 September 30, 2007. 

18 DEFENSE PRODUCTION ACT PURCHASES

19 For activities by the Department of Defense pursuant 

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

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

2 RESEARCH, DEVELOPMENT, TEST AND 

3 EVALUATION 

4 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

5 ARMY

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

11 That of the amounts provided under this heading, 

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

13 Research in program element 0602787A shall remain 

14 available until expended. 

15 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

16 NAVY

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

22 That funds appropriated in this paragraph which are 

23 available for the V–22 may be used to meet unique oper24 ational requirements of the Special Operations Forces: 
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1 Provided further, That funds appropriated in this para2 graph shall be available for the Cobra Judy program. 

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

4 AIR FORCE

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

10 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

11 DEFENSE-WIDE

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

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

16 as may be designated and determined by the Secretary 

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

18 lease, and operation of facilities and equipment, 

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

20 September 30, 2006. 

21 OPERATIONAL TEST AND EVALUATION, DEFENSE

22 For expenses, not otherwise provided for, necessary 

23 for the independent activities of the Director, Operational 

24 Test and Evaluation, in the direction and supervision of 

25 operational test and evaluation, including initial oper-
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1 ational test and evaluation which is conducted prior to, 

2 and in support of, production decisions; joint operational 

3 testing and evaluation; and administrative expenses in 

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

5 for obligation until September 30, 2006. 

6 TITLE V 

7 REVOLVING AND MANAGEMENT FUNDS 

8 DEFENSE WORKING CAPITAL FUNDS

9 For the Defense Working Capital Funds, 

10 $1,174,210,000. 

11 NATIONAL DEFENSE SEALIFT FUND

12 For National Defense Sealift Fund programs, 

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

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

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

16 and for the necessary expenses to maintain and preserve 

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

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

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

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

21 contract that provides for the acquisition of any of the 

22 following major components unless such components are 

23 manufactured in the United States: auxiliary equipment, 

24 including pumps, for all shipboard services; propulsion 

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

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

3 in a contract awarded through the obligation of previously 

4 appropriated funds shall not be considered to be the award 

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

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

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

10 and the Senate that adequate domestic supplies are not 

11 available to meet Department of Defense requirements on 

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

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

15 TITLE VI 

16 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

17 DEFENSE HEALTH PROGRAM

18 For expenses, not otherwise provided for, for medical 

19 and health care programs of the Department of Defense, 

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

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

22 of which not to exceed 2 percent shall remain available 

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

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

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

3 Provided, That notwithstanding any other provision of 

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

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

6 available until expended, and shall be available only for 

7 deposit into the Army Fisher House Non-Appropriated 

8 Fund Instrumentality and shall be used in support and 

9 upkeep of existing Fisher Houses managed by the Army: 

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

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

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

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

19 the Defense Health Program, is amended by adding before 

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

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

22 educational activities undertaken in connection with U.S. 

23 military training, exercises, and humanitarian assistance 

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

2 ARMY

3 For expenses, not otherwise provided for, necessary 

4 for the destruction of the United States stockpile of lethal 

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

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

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

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

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

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

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

19 shall be to assist State and local governments. 

20 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

21 DEFENSE

22 (INCLUDING TRANSFER OF FUNDS)

23 For drug interdiction and counter-drug activities of 

24 the Department of Defense, for transfer to appropriations 

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

5 Provided, That the funds appropriated under this heading 

6 shall be available for obligation for the same time period 

7 and for the same purpose as the appropriation to which 

8 transferred: Provided further, That upon a determination 

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

15 OFFICE OF THE INSPECTOR GENERAL

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

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

21 emergencies and extraordinary expenses to be expended on 

22 the approval or authority of the Inspector General, and 

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

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

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

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

4 TITLE VII 

5 RELATED AGENCIES 

6 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

7 DISABILITY SYSTEM FUND

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

10 proper funding level for continuing the operation of the 

11 Central Intelligence Agency Retirement and Disability 

12 System, $239,400,000. 

13 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

14 (INCLUDING TRANSFER OF FUNDS) 

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

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

18 Committee shall remain available until September 30, 

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

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

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

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

25 September 30, 2007 and $1,000,000 for Research, devel-
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HR 4613 PP1S 

1 opment, test and evaluation shall remain available until 

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

3 Drug Intelligence Center shall maintain the personnel and 

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

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

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

9 and national security investigations and operations. 

10 NATIONAL SECURITY EDUCATION TRUST FUND

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

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

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

15 TITLE VIII 

16 GENERAL PROVISIONS 

17 SEC. 8001. No part of any appropriation contained 

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

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

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

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

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

2 of the percentage increase authorized by law for civilian 

3 employees of the Department of Defense whose pay is 

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

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

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

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

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

13 not apply to foreign national employees of the Department 

14 of Defense in the Republic of Turkey. 

15 SEC. 8003. No part of any appropriation contained 

16 in this Act shall remain available for obligation beyond 

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

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

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

23 duty training of reserve components or summer camp 

24 training of the Reserve Officers’ Training Corps. 
42

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1 (TRANSFER OF FUNDS) 

2 SEC. 8005. Upon determination by the Secretary of 

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

6 of working capital funds of the Department of Defense 

7 or funds made available in this Act to the Department 

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

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

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

12 the appropriation or fund to which transferred: Provided, 

13 That such authority to transfer may not be used unless 

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

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

18 That the Secretary of Defense shall notify the Congress 

19 promptly of all transfers made pursuant to this authority 

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

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

25 than those for which originally appropriated and in no 
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1 case where the item for which reprogramming is requested 

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

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

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

6 military personnel appropriations shall not be taken into 

7 account for purposes of the limitation on the amount of 

8 funds that may be transferred under this section. 

9 (TRANSFER OF FUNDS) 

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

13 United States Code, may be maintained in only such 

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

17 That transfers may be made between working capital 

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

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

22 the Office of Management and Budget, except that such 

23 transfers may not be made unless the Secretary of Defense 

24 has notified the Congress of the proposed transfer. Except 

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

2 against a working capital fund to procure or increase the 

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

5 such obligation. 

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

7 be used to initiate a special access program without prior 

8 notification 30 calendar days in session in advance to the 

9 congressional defense committees. 

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

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

12 employs economic order quantity procurement in excess of 

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

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

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

16 multiyear contract that employs economic order quantity 

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

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

22 contract for which the economic order quantity advance 

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

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

25 any appropriation contained in this Act shall be available 
45

HR 4613 PP1S 

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

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

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

5 procurement contract can be terminated without 10-day 

6 prior notification to the congressional defense committees: 

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

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

11 Act may be used for a multiyear contract executed after 

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

13 of any such contract—

14 (1) the Secretary of Defense has submitted to 

15 Congress a budget request for full funding of units 

16 to be procured through the contract; 

17 (2) cancellation provisions in the contract do 

18 not include consideration of recurring manufacturing 

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

22 (3) the contract provides that payments to the 

23 contractor under the contract shall not be made in 

24 advance of incurred costs on funded units; and 
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HR 4613 PP1S 

1 (4) the contract does not provide for a price ad2 justment based on a failure to award a follow-on 

3 contract. 

4 Funds appropriated in title III of this Act may be 

5 used for a multiyear procurement contract as follows: 

6 Lightweight 155mm Howitzer. 

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

9 hereby appropriated pursuant to section 401 of title 10, 

10 United States Code, for humanitarian and civic assistance 

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

12 Such funds may also be obligated for humanitarian and 

13 civic assistance costs incidental to authorized operations 

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

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

19 providing humanitarian and similar assistance by using 

20 Civic Action Teams in the Trust Territories of the Pacific 

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

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

25 is beneficial for graduate medical education programs con-
47

HR 4613 PP1S 

1 ducted at Army medical facilities located in Hawaii, the 

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

4 facilities, on a nonreimbursable basis, for civilian patients 

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

7 States of Micronesia, Palau, and Guam. 

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

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

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

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

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

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

17 and other documentation supporting the fiscal year 2006 

18 Department of Defense budget request shall be prepared 

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

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

21 year 2006. 

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

23 to military (civilian) technicians. 

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

25 or any other Act may be used to initiate a new installation 
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HR 4613 PP1S 

1 overseas without 30-day advance notification to the Com2 mittees on Appropriations. 

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

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

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

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

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

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

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

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

17 only to active components of the Army.

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

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

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

4 by such activity or function; 

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

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

10 to the Department of Defense by an amount that 

11 equals or exceeds the lesser of—

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

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

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

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

19 Department of Defense by—

20 (A) not making an employer-sponsored 

21 health insurance plan available to the workers 

22 who are to be employed in the performance of 

23 that activity or function under the contract; or 

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

3 that is paid by the Department of Defense for 

4 health benefits for civilian employees under 

5 chapter 89 of title 5, United States Code. 

6 (b) EXCEPTIONS.—

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

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

9 shall not apply to a commercial or industrial type 

10 function of the Department of Defense that—

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

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

16 blind or by a qualified nonprofit agency for 

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

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

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

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

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

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

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

6 States Code. 

7 (c) TREATMENT OF CONVERSION.—The conversion 

8 of any activity or function of the Department of Defense 

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

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

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

16 (TRANSFER OF FUNDS) 

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

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

21 a Mentor-Protege Program developmental assistance 

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

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

2 contained in this Act. 

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

4 available for the purchase by the Department of Defense 

5 (and its departments and agencies) of welded shipboard 

6 anchor and mooring chain 4 inches in diameter and under 

7 unless the anchor and mooring chain are manufactured 

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

10 for the purpose of this section manufactured will include 

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

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

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

15 chain shall be considered to be produced or manufactured 

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

19 manufactured outside the United States: Provided further, 

20 That when adequate domestic supplies are not available 

21 to meet Department of Defense requirements on a timely 

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

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

2 to acquire capability for national security purposes. 

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

4 Act available for the Civilian Health and Medical Program 

5 of the Uniformed Services (CHAMPUS) or TRICARE 

6 shall be available for the reimbursement of any health care 

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

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

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

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

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

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

21 Secretary, which takes into account the appropriate level 

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

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

24 SEC. 8018. Notwithstanding any other provision of 

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

2 with host nation governments in NATO member states a 

3 separate account into which such residual value amounts 

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

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

7 transfers to the United States Treasury: Provided, That 

8 such credits may be utilized only for the construction of 

9 facilities to support United States military forces in that 

10 host nation, or such real property maintenance and base 

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

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

15 residual value settlements, and identify such construction, 

16 real property maintenance or base operating costs that 

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

18 Provided further, That all military construction projects 

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

21 each such executive agreement with a NATO member host 

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

24 House of Representatives and the Committee on Foreign 

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

2 this provision. 

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

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

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

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

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

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

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

20 a prime contractor or a subcontractor at any tier that 

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

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

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

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

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

6 to any fiscal year: Provided further, That notwithstanding 

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

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

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

13 controlled by an individual or individuals defined under 

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

19 Stat. 3825 (Business Opportunity Development Reform 

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

21 the Department of Defense. 

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

23 Act shall be available to perform any cost study pursuant 

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

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

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

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

5 American Forces Information Service shall not be used for 

6 any national or international political or psychological ac7 tivities. 

8 SEC. 8024. Hereafter, notwithstanding any other 

9 provision of law or regulation, the Secretary of Defense 

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

13 United States Code. 

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

17 be made available to the local facility of the uniformed 

18 services responsible for the collections and shall be over 

19 and above the facility’s direct budget amount. 

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

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

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

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

4 (INCLUDING TRANSFER OF FUNDS) 

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

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

7 Civil Air Patrol Corporation, of which—

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

10 Air Patrol Corporation operation and maintenance, 

11 readiness, counterdrug activities, and drug demand 

12 reduction activities involving youth programs; 

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

14 Procurement, Air Force’’; and 

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

16 Procurement, Air Force’’ for vehicle procurement. 

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

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

20 local government agencies. 

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

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

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

3 other non-profit entities. 

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

5 Overseers, Advisory Group, Special Issues Panel, Visiting 

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

7 and no paid consultant to any defense FFRDC, except 

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

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

12 referred to previously in this subsection shall be allowed 

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

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

17 of the funds available to the Department from any source 

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

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

21 projects funded by Government grants, for absorption of 

22 contract overruns, or for certain charitable contributions, 

23 not to include employee participation in community service 

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

2 the funds available to the department during fiscal year 

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

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

6 funded in the National Foreign Intelligence Program 

7 (NFIP). 

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

10 submit a report presenting the specific amounts of staff 

11 years of technical effort to be allocated for each defense 

12 FFRDC during that fiscal year. 

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

14 the total amount appropriated in this Act for FFRDCs 

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

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

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

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

20 Defense which were not melted and rolled in the United 

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

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

24 or American Iron and Steel Institute (AISI) specifications 

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

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

4 on Appropriations of the House of Representatives and the 

5 Senate that adequate domestic supplies are not available 

6 to meet Department of Defense requirements on a timely 

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

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

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

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

13 ‘‘congressional defense committees’’ means the Armed 

14 Services Committee of the House of Representatives, the 

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

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

18 Committee on Appropriations of the House of Representa19 tives. 

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

22 maintenance and repair of aircraft, vehicles and vessels 

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

7 76 shall not apply to competitions conducted under this 

8 section. 

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

10 consultation with the United States Trade Representative, 

11 determines that a foreign country which is party to an 

12 agreement described in paragraph (2) has violated the 

13 terms of the agreement by discriminating against certain 

14 types of products produced in the United States that are 

15 covered by the agreement, the Secretary of Defense shall 

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

18 in that foreign country. 

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

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

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

24 in that country. 
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1 (b) The Secretary of Defense shall submit to the Con2 gress a report on the amount of Department of Defense 

3 purchases from foreign entities in fiscal year 2005. Such 

4 report shall separately indicate the dollar value of items 

5 for which the Buy American Act was waived pursuant to 

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

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

8 international agreement to which the United States is a 

9 party. 

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

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

12 making appropriations for the Treasury and Post Office 

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

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

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

16 SEC. 8033. Appropriations contained in this Act that 

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

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

20 shall remain available for obligation for the next fiscal 

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

23 (INCLUDING TRANSFER OF FUNDS) 

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

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

3 and shall be available until transferred by the Secretary 

4 of Defense to current applicable appropriations or funds 

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

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

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

10 SEC. 8035. The President shall include with each 

11 budget for a fiscal year submitted to the Congress under 

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

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

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

18 SEC. 8036. Notwithstanding any other provision of 

19 law, funds available during the current fiscal year and 

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

22 program. 

23 (INCLUDING TRANSFER OF FUNDS) 

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

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

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

4 be available until expended for the payments specified by 

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

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

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

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

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

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

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

13 of the Air Force. 

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

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

16 military housing units under subsection (a) in accordance 

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

18 Secretary by the Operation Walking Shield Program on 

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

21 (c) RESOLUTION OF HOUSING UNIT CONFLICTS.—

22 The Operation Walking Shield Program shall resolve any 

23 conflicts among requests of Indian tribes for housing units 

24 under subsection (a) before submitting requests to the 

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

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

4 the Interior under section 104 of the Federally Recognized 

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

6 4792; 25 U.S.C. 479a–1). 

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

9 for operation and maintenance may be used to purchase 

10 items having an investment item unit cost of not more 

11 than $250,000. 

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

13 of the appropriations or funds available to the Department 

14 of Defense Working Capital Funds shall be used for the 

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

18 customers of the Department of Defense Working Capital 

19 Funds if such an item would not have been chargeable 

20 to the Department of Defense Business Operations Fund 

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

22 investment item would be chargeable during the current 

23 fiscal year to appropriations made to the Department of 

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

3 and other documentation supporting the fiscal year 2006 

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

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

8 budgeted for in a proposed fiscal year 2006 procurement 

9 appropriation and not in the supply management business 

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

11 Defense Working Capital Funds. 

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

13 Act for programs of the Central Intelligence Agency shall 

14 remain available for obligation beyond the current fiscal 

15 year, except for funds appropriated for the Reserve for 

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

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

20 during this or any prior or subsequent fiscal year shall 

21 remain available until expended: Provided further, That 

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

3 SEC. 8042. Notwithstanding any other provision of 

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

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

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

13 be made available only for the mitigation of environmental 

14 impacts, including training and technical assistance to 

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

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

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

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

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

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

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

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

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

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

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

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

8 in America, the Secretary shall determine, in accordance 

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

11 the Department of Defense. 

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

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

16 only American-made equipment and products, provided 

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

19 fashion. 

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

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

22 or consulting services entered into without competition on 

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

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

2 only one source is found fully qualified to perform 

3 the proposed work; 

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

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

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

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

14 not apply to contracts in an amount of less than 

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

19 Senate, determines that the award of such contract 

20 is in the interest of the national defense. 

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

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

23 be used—

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

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

5 of duty remains at the location of that headquarters. 

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

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

9 and certifies to the Committees on Appropriations of the 

10 House of Representatives and Senate that the granting 

11 of the waiver will reduce the personnel requirements or 

12 the financial requirements of the department. 

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

14 agencies funded within the National Foreign Intelligence 

15 Program. 

16 SEC. 8047. Notwithstanding section 303 of Public 

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

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

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

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

23 materials from facilities, buildings, and structures at 

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

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

2 SEC. 8048. Of the funds appropriated in Department 

3 of Defense Appropriations Acts, the following funds are 

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

6 ‘‘Former Soviet Union Threat Reduction, 2003/

7 2005’’, $50,000,000; 

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

9 $2,900,000; 

10 ‘‘Shipbuilding and Conversion, Navy, 2004/

11 2008’’, $10,300,000; 

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

13 $5,200,000; 

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

15 $100,000,000; 

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

17 $23,400,000; 

18 ‘‘Research, Development, Test and Evaluation, 

19 Army, 2004/2005’’, $42,650,000; 

20 ‘‘Research, Development, Test and Evaluation, 

21 Navy, 2004/2005’’, $20,000,000; 

22 ‘‘Research, Development, Test and Evaluation, 

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

24 ‘‘Research, Development, Test and Evaluation, 

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

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

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

7 military (civilian) technicians, unless such reductions are 

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

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

12 of North Korea unless specifically appropriated for that 

13 purpose. 

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

18 a State and approved by the Secretary of Defense under 

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

20 That during the performance of such duty, the members 

21 of the National Guard shall be under State command and 

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

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

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

4 for reimbursement of pay, allowances and other expenses 

5 which would otherwise be incurred against appropriations 

6 for the National Guard and Reserve when members of the 

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

9 Agencies and Joint Intelligence Activities, including the 

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

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

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

16 procedures. 

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

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

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

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

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

2 stewardship and capitation-based budgeting. 

3 SEC. 8054. Notwithstanding any other provision of 

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

5 this Act for environmental remediation may be obligated 

6 under indefinite delivery/indefinite quantity contracts with 

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

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

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

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

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

15 and counter-drug activities may be transferred to any 

16 other department or agency of the United States except 

17 as specifically provided in an appropriations law. 

18 (TRANSFER OF FUNDS) 

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

21 current fiscal year and hereafter for increasing energy and 

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

24 or funds of the Department of Defense for projects related 

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

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

3 to which transferred. 

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

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

6 bearings other than those produced by a domestic source 

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

8 the military department responsible for such procurement 

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

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

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

16 That this restriction shall not apply to the purchase of 

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

18 Office of Federal Procurement Policy Act, except that the 

19 restriction shall apply to ball or roller bearings purchased 

20 as end items. 

21 SEC. 8058. Notwithstanding any other provision of 

22 law, funds available to the Department of Defense shall 

23 be made available to provide transportation of medical 

24 supplies and equipment, on a nonreimbursable basis, to 

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

4 is in conjunction with a civil-military project. 

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

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

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

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

12 SEC. 8060. Notwithstanding any other provision of 

13 law, each contract awarded by the Department of Defense 

14 during the current fiscal year for construction or service 

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

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

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

20 include a provision requiring the contractor to employ, for 

21 the purpose of performing that portion of the contract in 

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

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

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

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

3 security. 

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

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

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

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

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

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

14 provisions of Acts providing supplemental appropriations 

15 for the Department of Defense. 

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

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

19 Department of Defense for the current fiscal year may be 

20 obligated or expended to transfer to another nation or an 

21 international organization any defense articles or services 

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

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

2 in advance of such transfer. 

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

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

6 VI or chapter VII of the United Nations Charter 

7 under the authority of a United Nations Security 

8 Council resolution; and 

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

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

12 (a) shall include the following: 

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

14 services to be transferred. 

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

16 supplies, or services to be transferred. 

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

19 (A) a statement of whether the inventory 

20 requirements of all elements of the Armed 

21 Forces (including the reserve components) for 

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

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

3 SEC. 8063. To the extent authorized by subchapter 

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

5 current fiscal year and hereafter the Secretary of Defense 

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

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

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

12 guarantee shall be paid by the country involved and shall 

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

14 States: Provided further, That the Secretary shall provide 

15 quarterly reports to the Committees on Appropriations, 

16 Armed Services, and Foreign Relations of the Senate and 

17 the Committees on Appropriations, Armed Services, and 

18 International Relations in the House of Representatives 

19 on the implementation of this program: Provided further, 

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

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

23 of administrative expenses of the Department of Defense 

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

2 Code. 

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

5 expended to pay a contractor under a contract with the 

6 Department of Defense for costs of any amount paid by 

7 the contractor to an employee when—

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

9 excess of the normal salary paid by the contractor 

10 to the employee; and 

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

13 (INCLUDING TRANSFER OF FUNDS) 

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

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

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

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

19 be available for the same time period as the appropriations 

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

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

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

2 of an appropriation account of the Department of Defense 

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

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

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

8 to any current appropriation account for the same purpose 

9 as the expired or closed account if—

10 (1) the obligation would have been properly 

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

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

14 (2) the obligation is not otherwise properly 

15 chargeable to any current appropriation account of 

16 the Department of Defense; and 

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

19 of the Department of Defense under the provisions 

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

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

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

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

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

7 of the total appropriation for that account. 

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

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

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

14 environmental assessments, or similar activities related to 

15 installation support functions, may be obligated at the 

16 time the reimbursable order is accepted by the performing 

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

18 supervision and administration costs includes all in-house 

19 Government cost. 

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

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

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

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

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

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

6 associated with the use of equipment of the project under 

7 that subsection. Such funds shall be available for such 

8 purposes without fiscal year limitation. 

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

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

11 determination under section 2690 of title 10, United 

12 States Code, may implement cost-effective agreements for 

13 required heating facility modernization in the 

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

16 Kaiserslautern such agreements will include the use of 

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

20 Medical Center and Ramstein Air Base, furnished heat 

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

23 United States coal as an energy source. 

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

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

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

4 prototyping, and test activities preceding and leading to 

5 acceptance for operational use: Provided further, That this 

6 restriction does not apply to programs funded within the 

7 National Foreign Intelligence Program: Provided further, 

8 That the Secretary of Defense may waive this restriction 

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

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

12 interest to do so. 

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

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

15 22 advanced tactical fighter to any foreign government. 

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

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

18 each limitation on the procurement of defense items from 

19 foreign sources provided in law if the Secretary determines 

20 that the application of the limitation with respect to that 

21 country would invalidate cooperative programs entered 

22 into between the Department of Defense and the foreign 

23 country, or would invalidate reciprocal trade agreements 

24 for the procurement of defense items entered into under 

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

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

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

5 (1) contracts and subcontracts entered into on 

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

7 (2) options for the procurement of items that 

8 are exercised after such date under contracts that 

9 are entered into before such date if the option prices 

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

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

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

16 Schedule and products classified under headings 4010, 

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

18 through 7229, 7304.41 through 7304.49, 7306.40, 7502 

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

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

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

22 training program involving a unit of the security forces 

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

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

2 taken. 

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

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

7 all credible information available to the Department of 

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

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

13 is required by extraordinary circumstances. 

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

16 Defense shall submit a report to the congressional defense 

17 committees describing the extraordinary circumstances, 

18 the purpose and duration of the training program, the 

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

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

24 with the Secretary of Health and Human Services, may 

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

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

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

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

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

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

9 ships unless the main propulsion diesel engines and 

10 propulsors are manufactured in the United States by a 

11 domestically operated entity: Provided, That the Secretary 

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

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

15 that adequate domestic supplies are not available to meet 

16 Department of Defense requirements on a timely basis 

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

18 acquire capability for national security purposes or there 

19 exists a significant cost or quality difference. 

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

23 for the purpose of performing repairs or maintenance to 

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

3 SEC. 8077. Notwithstanding any other provision of 

4 law, funds appropriated in this Act under the heading 

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

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

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

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

13 basis by certifying to the congressional defense committees 

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

15 SEC. 8078. The Secretary of Defense shall provide 

16 a classified quarterly report, beginning December 15, 

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

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

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

24 Government travel arranged by Government Contracted 

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

2 evaluation accounts of the Department of Defense which 

3 are current when the refunds are received. 

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

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

8 or mission essential financial management information 

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

11 Chief Information Officer of the Department of Defense. 

12 A system shall be considered to be registered with that 

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

14 system, together with such information concerning the 

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

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

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

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

23 management automated information system, a mixed 

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

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

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

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

12 (2) The Chief Information Officer shall provide 

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

15 (c) CERTIFICATIONS AS TO COMPLIANCE WITH

16 CLINGER-COHEN ACT.—

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

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

20 production approval, or their equivalent, within the 

21 Department of Defense until the Chief Information 

22 Officer certifies, with respect to that milestone, that 

23 the system is being developed in accordance with the 

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

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

2 any such system. 

3 (2) The Chief Information Officer shall provide 

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

6 such notification shall include, at a minimum, the 

7 funding baseline and milestone schedule for each 

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

10 respect to the system: 

11 (A) Business process reengineering. 

12 (B) An analysis of alternatives. 

13 (C) An economic analysis that includes a 

14 calculation of the return on investment. 

15 (D) Performance measures. 

16 (E) An information assurance strategy 

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

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

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

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

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

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

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

3 SEC. 8081. During the current fiscal year, none of 

4 the funds available to the Department of Defense may be 

5 used to provide support to another department or agency 

6 of the United States if such department or agency is more 

7 than 90 days in arrears in making payment to the Depart8 ment of Defense for goods or services previously provided 

9 to such department or agency on a reimbursable basis: 

10 Provided, That this restriction shall not apply if the de11 partment is authorized by law to provide support to such 

12 department or agency on a nonreimbursable basis, and is 

13 providing the requested support pursuant to such author14 ity: Provided further, That the Secretary of Defense may 

15 waive this restriction on a case-by-case basis by certifying 

16 in writing to the Committees on Appropriations of the 

17 House of Representatives and the Senate that it is in the 

18 national security interest to do so. 

19 SEC. 8082. None of the funds provided in this Act 

20 may be used to transfer to any nongovernmental entity 

21 ammunition held by the Department of Defense that has 

22 a center-fire cartridge and a United States military no23 menclature designation of ‘‘armor penetrator’’, ‘‘armor 

24 piercing (AP)’’, ‘‘armor piercing incendiary (API)’’, or 

25 ‘‘armor-piercing incendiary-tracer (API-T)’’, except to an 
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1 entity performing demilitarization services for the Depart2 ment of Defense under a contract that requires the entity 

3 to demonstrate to the satisfaction of the Department of 

4 Defense that armor piercing projectiles are either: (1) ren5 dered incapable of reuse by the demilitarization process; 

6 or (2) used to manufacture ammunition pursuant to a con7 tract with the Department of Defense or the manufacture 

8 of ammunition for export pursuant to a License for Per9 manent Export of Unclassified Military Articles issued by 

10 the Department of State. 

11 SEC. 8083. Notwithstanding any other provision of 

12 law, the Chief of the National Guard Bureau, or his des13 ignee, may waive payment of all or part of the consider14 ation that otherwise would be required under 10 U.S.C. 

15 2667, in the case of a lease of personal property for a 

16 period not in excess of 1 year to any organization specified 

17 in 32 U.S.C. 508(d), or any other youth, social, or fra18 ternal non-profit organization as may be approved by the 

19 Chief of the National Guard Bureau, or his designee, on 

20 a case-by-case basis. 

21 SEC. 8084. None of the funds appropriated by this 

22 Act shall be used for the support of any nonappropriated 

23 funds activity of the Department of Defense that procures 

24 malt beverages and wine with nonappropriated funds for 

25 resale (including such alcoholic beverages sold by the 
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1 drink) on a military installation located in the United 

2 States unless such malt beverages and wine are procured 

3 within that State, or in the case of the District of Colum4 bia, within the District of Columbia, in which the military 

5 installation is located: Provided, That in a case in which 

6 the military installation is located in more than one State, 

7 purchases may be made in any State in which the installa8 tion is located: Provided further, That such local procure9 ment requirements for malt beverages and wine shall 

10 apply to all alcoholic beverages only for military installa11 tions in States which are not contiguous with another 

12 State: Provided further, That alcoholic beverages other 

13 than wine and malt beverages, in contiguous States and 

14 the District of Columbia shall be procured from the most 

15 competitive source, price and other factors considered. 

16 SEC. 8085. Funds available to the Department of De17 fense for the Global Positioning System during the current 

18 fiscal year may be used to fund civil requirements associ19 ated with the satellite and ground control segments of 

20 such system’s modernization program. 

21 (INCLUDING TRANSFER OF FUNDS) 

22 SEC. 8086. Of the amounts appropriated in this Act 

23 under the heading, ‘‘Research, Development, Test and 

24 Evaluation, Defense-Wide’’, $60,000,000 shall remain 

25 available until expended: Provided, That notwithstanding 
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1 any other provision of law, the Secretary of Defense is 

2 authorized to transfer such funds to other activities of the 

3 Federal Government. 

4 SEC. 8087. Section 8106 of the Department of De5 fense Appropriations Act, 1997 (titles I through VIII of 

6 the matter under subsection 101(b) of Public Law 104–

7 208; 110 Stat. 3009–111; 10 U.S.C. 113 note) shall con8 tinue in effect to apply to disbursements that are made 

9 by the Department of Defense in fiscal year 2005. 

10 SEC. 8088. In addition to amounts provided else11 where in this Act, $2,000,000 is hereby appropriated for 

12 ‘‘Defense Health Program’’, to remain available for obli13 gation until expended: Provided, That notwithstanding 

14 any other provision of law, these funds shall be available 

15 only for a grant to the Fisher House Foundation, Inc., 

16 only for the construction and furnishing of additional 

17 Fisher Houses to meet the needs of military family mem18 bers when confronted with the illness or hospitalization of 

19 an eligible military beneficiary. 

20 SEC. 8089. Amounts appropriated in title II of this 

21 Act are hereby reduced by $300,000,000 to reflect savings 

22 attributable to efficiencies and management improvements 

23 in the funding of miscellaneous or other contracts in the 

24 military departments, as follows: 
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1 (1) From ‘‘Operation and Maintenance, Army’’, 

2 $66,700,000. 

3 (2) From ‘‘Operation and Maintenance, Navy’’, 

4 $77,900,000. 

5 (3) From ‘‘Operation and Maintenance, Marine 

6 Corps’’, $6,100,000. 

7 (4) From ‘‘Operation and Maintenance, Air 

8 Force’’, $149,300,000. 

9 (INCLUDING TRANSFER OF FUNDS)

10 SEC. 8090. Of the amounts appropriated in this Act 

11 under the heading ‘‘Research, Development, Test and 

12 Evaluation, Defense-Wide’’, $87,290,000 shall be avail13 able for the Arrow missile defense program, of which 

14 $25,000,000 shall be for producing Arrow missile compo15 nents in the United States and Arrow missile components 

16 and missiles in Israel to meet Israel’s defense require17 ments, consistent with each nation’s laws, regulations and 

18 procedures: Provided further, That funds made available 

19 under this provision for production of missiles and missile 

20 components may be transferred to appropriations available 

21 for the procurement of weapons and equipment, to be 

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

23 and the same purposes as the appropriation to which 

24 transferred: Provided further, That the transfer authority 

25 provided under this provision is in addition to any other 

26 transfer authority contained in this Act. 
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1 SEC. 8091. Notwithstanding any other provision of 

2 law, of the amounts provided in this Act and in Public 

3 Law 108–87 under the heading ‘‘Research, Development, 

4 Test and Evaluation, Navy’’, $1,500,000, and $500,000, 

5 respectively, shall be available for a grant (or grants) to 

6 the California Central Coast Research Partnership 

7 (C3RP) through the California Polytechnic State Univer8 sity Foundation, for costs related to Office of Naval Re9 search agreements: Provided, That the Secretary of the 

10 Navy shall make said grant (or grants) within 90 days 

11 of the enactment of this Act. 

12 (INCLUDING TRANSFER OF FUNDS) 

13 SEC. 8092. Of the amounts appropriated in this Act 

14 under the heading ‘‘Shipbuilding and Conversion, Navy’’, 

15 $484,390,000 shall be available until September 30, 2005, 

16 to fund prior year shipbuilding cost increases: Provided, 

17 That upon enactment of this Act, the Secretary of Defense 

18 shall transfer such funds to the following appropriations 

19 in the amount specified: Provided further, That the 

20 amounts transferred shall be merged with and be available 

21 for the same purposes as the appropriations to which 

22 transferred: 

23 To: 

24 Under the heading, ‘‘Shipbuilding and Conver25 sion, Navy, 1996/05’’: 
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1 LPD–17 Amphibious Transport Dock Ship 

2 Program, $55,000,000. 

3 Under the heading, ‘‘Shipbuilding and Conver4 sion, Navy, 1999/05’’: 

5 New SSN, $10,000,000. 

6 LPD–17 Amphibious Transport Dock Ship 

7 Program, $38,100,000. 

8 Under the heading, ‘‘Shipbuilding and Conver9 sion, Navy, 2000/05’’: 

10 DDG–51 Destroyer Program, 

11 $44,963,000. 

12 LPD–17 Amphibious Transport Dock Ship 

13 Program, $171,681,000. 

14 Under the heading, ‘‘Shipbuilding and Conver15 sion, Navy, 2001/05’’: 

16 DDG–51 Destroyer Program, 

17 $83,316,000. 

18 New SSN, $67,330,000. 

19 Under the heading, ‘‘Shipbuilding and Conver20 sion, Navy, 2002/05’’: 

21 LCAC SLEP, $2,100,000. 

22 Under the heading, ‘‘Shipbuilding and Conver23 sion, Navy, 2003/05’’: 

24 LCAC SLEP, $11,900,000: 
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1 Provided further, That section 126 of the National De2 fense Authorization Act for Fiscal Year 2004 (Public Law 

3 108–136; 117 Stat. 1410; 10 U.S.C. 7291 note) is re4 pealed. 

5 SEC. 8093. The Secretary of the Navy may settle, 

6 or compromise, and pay any and all admiralty claims 

7 under 10 U.S.C. 7622 arising out of the collision involving 

8 the U.S.S. GREENEVILLE and the EHIME MARU, in 

9 any amount and without regard to the monetary limita10 tions in subsections (a) and (b) of that section: Provided, 

11 That such payments shall be made from funds available 

12 to the Department of the Navy for operation and mainte13 nance. 

14 SEC. 8094. Notwithstanding any other provision of 

15 law or regulation, the Secretary of Defense may hereafter 

16 exercise the provisions of 38 U.S.C. 7403(g) for occupa17 tions listed in 38 U.S.C. 7403(a)(2) as well as the fol18 lowing: 

19 Pharmacists, Audiologists, and Dental Hygien20 ists. 

21 (A) The requirements of 38 U.S.C. 

22 7403(g)(1)(A) shall apply. 

23 (B) The limitations of 38 U.S.C. 7403(g)(1)(B) 

24 shall not apply. 
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1 SEC. 8095. Funds appropriated by this Act, or made 

2 available by the transfer of funds in this Act, for intel3 ligence activities are deemed to be specifically authorized 

4 by the Congress for purposes of section 504 of the Na5 tional Security Act of 1947 (50 U.S.C. 414) during fiscal 

6 year 2005 until the enactment of the Intelligence Author7 ization Act for fiscal year 2005. 

8 SEC. 8096. The total amount appropriated in title IV 

9 of this Act is hereby reduced by $270,000,000 to reduce 

10 cost growth in information technology development and 

11 modernization, to be derived as follows: 

12 (1) From ‘‘Research, Development, Test and 

13 Evaluation, Army’’, $60,000,000. 

14 (2) From ‘‘Research, Development, Test and 

15 Evaluation, Navy’’, $29,000,000. 

16 (3) From ‘‘Research, Development, Test and 

17 Evaluation, Air Force’’, $72,000,000. 

18 (4) From ‘‘Research, Development, Test and 

19 Evaluation, Defense-Wide’’, $109,000,000. 

20 SEC. 8097. None of the funds in this Act may be 

21 used to initiate a new start program without prior notifica22 tion to the Office of Secretary of Defense and the congres23 sional defense committees. 

24 SEC. 8098. The amounts appropriated in title II of 

25 this Act are hereby reduced by $316,000,000 to reflect 
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1 cash balance and rate stabilization adjustments in Depart2 ment of Defense Working Capital Funds, as follows: 

3 (1) From ‘‘Operation and Maintenance, Navy’’, 

4 $150,000,000. 

5 (2) From ‘‘Operation and Maintenance, Air 

6 Force’’, $166,000,000. 

7 SEC. 8099. (a) In addition to the amounts provided 

8 elsewhere in this Act, the amount of $6,000,000 is hereby 

9 appropriated to the Department of Defense for ‘‘Oper10 ation and Maintenance, Army National Guard’’. Such 

11 amount shall be made available to the Secretary of the 

12 Army only to make a grant in the amount of $6,000,000 

13 to the entity specified in subsection (b) to facilitate access 

14 by veterans to opportunities for skilled employment in the 

15 construction industry. 

16 (b) The entity referred to in subsection (a) is the 

17 Center for Military Recruitment, Assessment and Vet18 erans Employment, a nonprofit labor-management co-op19 eration committee provided for by section 302(c)(9) of the 

20 Labor-Management Relations Act, 1947 (29 U.S.C. 

21 186(c)(9)), for the purposes set forth in section 6(b) of 

22 the Labor Management Cooperation Act of 1978 (29 

23 U.S.C. 175a note). 

24 SEC. 8100. FINANCING AND FIELDING OF KEY ARMY

25 CAPABILITIES.—The Department of Defense and the De-
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1 partment of the Army shall make future budgetary and 

2 programming plans to fully finance the Non-Line of Sight 

3 Future Force cannon and resupply vehicle program 

4 (NLOS–C) in order to field this system in fiscal year 

5 2010, consistent with the broader plan to field the Future 

6 Combat System (FCS) in fiscal year 2010: Provided, That 

7 if the Army is precluded from fielding the FCS program 

8 by fiscal year 2010, then the Army shall develop the 

9 NLOS–C independent of the broader FCS development 

10 timeline to achieve fielding by fiscal year 2010. In addition 

11 the Army will deliver eight (8) combat operational pre12 production NLOS–C systems by the end of calendar year 

13 2008. These systems shall be in addition to those systems 

14 necessary for developmental and operational testing: Pro15 vided further, That the Army shall ensure that budgetary 

16 and programmatic plans will provide for no fewer that 

17 seven (7) Stryker Brigade Combat Teams to be fielded 

18 no later than fiscal year 2009. 

19 SEC. 8101. In addition to the amounts appropriated 

20 or otherwise made available elsewhere in this Act, 

21 $6,600,000 is hereby appropriated to the Department of 

22 Defense, to remain available until September 30, 2005: 

23 Provided, That the Secretary of Defense shall make grants 

24 in the amount of $2,100,000 to the Intrepid Sea-Air25 Space Foundation; $2,500,000 to the Presidio Trust only 
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1 for renovations of the parade field; and $2,000,000 to the 

2 Fort Ticonderoga Association. 

3 SEC. 8102. None of the funds appropriated in this 

4 Act under the heading ‘‘Overseas Contingency Operations 

5 Transfer Account’’ may be transferred or obligated for 

6 Department of Defense expenses not directly related to the 

7 conduct of overseas contingencies: Provided, That the Sec8 retary of Defense shall submit a report no later than 30 

9 days after the end of each fiscal quarter to the Committees 

10 on Appropriations of the Senate and House of Representa11 tives that details any transfer of funds from the ‘‘Overseas 

12 Contingency Operations Transfer Account’’: Provided fur13 ther, That the report shall explain any transfer for the 

14 maintenance of real property, pay of civilian personnel, 

15 base operations support, and weapon, vehicle or equipment 

16 maintenance. 

17 SEC. 8103. For purposes of section 1553(b) of title 

18 31, United States Code, any subdivision of appropriations 

19 made in this Act under the heading ‘‘Shipbuilding and 

20 Conversion, Navy’’ shall be considered to be for the same 

21 purpose as any subdivision under the heading ‘‘Ship22 building and Conversion, Navy’’ appropriations in any 

23 prior fiscal year, and the 1 percent limitation shall apply 

24 to the total amount of the appropriation. 
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1 SEC. 8104. The budget of the President for fiscal 

2 year 2006 submitted to the Congress pursuant to section 

3 1105 of title 31, United States Code shall include separate 

4 budget justification documents for costs of United States 

5 Armed Forces’ participation in contingency operations for 

6 the Military Personnel accounts, the Operation and Main7 tenance accounts, and the Procurement accounts: Pro8 vided, That these documents shall include a description 

9 of the funding requested for each contingency operation, 

10 for each military service, to include all Active and Reserve 

11 components, and for each appropriations account: Pro12 vided further, That these documents shall include esti13 mated costs for each element of expense or object class, 

14 a reconciliation of increases and decreases for each contin15 gency operation, and programmatic data including, but 

16 not limited to, troop strength for each Active and Reserve 

17 component, and estimates of the major weapons systems 

18 deployed in support of each contingency: Provided further, 

19 That these documents shall include budget exhibits OP–

20 5 and OP–32 (as defined in the Department of Defense 

21 Financial Management Regulation) for all contingency op22 erations for the budget year and the two preceding fiscal 

23 years. 

24 SEC. 8105. None of the funds in this Act may be 

25 used for research, development, test, evaluation, procure-
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1 ment or deployment of nuclear armed interceptors of a 

2 missile defense system. 

3 SEC. 8106. Of the amounts provided in title II of this 

4 Act under the heading, ‘‘Operation and Maintenance, De5 fense-Wide’’, $20,000,000 is available for the Regional 

6 Defense Counter-terrorism Fellowship Program, to fund 

7 the education and training of foreign military officers, 

8 ministry of defense civilians, and other foreign security of9 ficials, to include United States military officers and civil10 ian officials whose participation directly contributes to the 

11 education and training of these foreign students. 

12 SEC. 8107. None of the funds appropriated or made 

13 available in this Act shall be used to reduce or disestablish 

14 the operation of the 53rd Weather Reconnaissance Squad15 ron of the Air Force Reserve, if such action would reduce 

16 the WC–130 Weather Reconnaissance mission below the 

17 levels funded in this Act: Provided, That the Air Force 

18 shall allow the 53rd Weather Reconnaissance Squadron to 

19 perform other missions in support of national defense re20 quirements during the non-hurricane season.

21 SEC. 8108. (a) LAND CONVEYANCES, NORTON AIR

22 FORCE BASE, CALIFORNIA.—(1) FOREST SERVICE CON23 VEYANCE.—Subject to paragraph (2), the Secretary of Ag24 riculture shall convey to the Inland Valley Development 

25 Agency all right, title, and interest of the United States 
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1 in and to a parcel of real property consisting of approxi2 mately 3.74 acres designated as parcel D–1 (including the 

3 former Air Force S–2 Headquarters Building) on the 

4 former Norton Air Force Base, California. 

5 (2) As consideration for the transfer under paragraph 

6 (1), the Inland Valley Development Agency shall execute 

7 a long-term ground lease with the Secretary of Agri8 culture, upon terms acceptable to the Federal Aviation Ad9 ministration, to provide the United States Forest Service 

10 with a replacement parcel of land of approximately 7.5 

11 acres at the San Bernardino International Airport adja12 cent to current facilities of the Forest Service to be used 

13 for aeronautical purposes in furtherance of wildfire pre14 vention and containment. 

15 (b) AIR FORCE CONVEYANCE.—(1) Subject to para16 graph (2), the Secretary of the Air Force shall convey to 

17 the Inland Valley Development Agency all right, title, and 

18 interest of the United States in and to certain parcels of 

19 real property, including improvements thereon, located on 

20 or adjacent to the former Norton Air Force Base, Cali21 fornia, that as of the date of the enactment of this Act 

22 have been determined through a record of decision to be 

23 eligible to be transferred to, or held in trust for, the San 

24 Manuel Band of Mission Indians. 
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1 (2) The Secretary of the Air Force shall make a con2 veyance under paragraph (1) with respect to any parcel 

3 of real property to which that paragraph applies only upon 

4 delivery to the Secretary of an instrument executed by the 

5 San Manuel Band of Mission Indians that releases and 

6 extinguishes any real property interest of the San Manuel 

7 Band of Mission Indians in that parcel of real property. 

8 SEC. 8109. (a) The total amount appropriated or oth9 erwise made available in titles III and IV of this Act is 

10 hereby reduced by $345,000,000 to reflect savings from 

11 revised economic assumptions, to be distributed as follows: 

12 ‘‘Title III’’, $189,000,000; and 

13 ‘‘Title IV’’, $156,000,000. 

14 (b) The Secretary of Defense shall allocate this re15 duction proportionately to each program, project, and ac16 tivity within each applicable appropriation account. 

17 (INCLUDING TRANSFER OF FUNDS) 

18 SEC. 8110. (a) The amount appropriated in title II 

19 for ‘‘Operation and Maintenance, Air Force’’ is hereby re20 duced by $967,200,000 to reflect cash balance and rate 

21 stabilization adjustments in the Department of Defense 

22 Transportation Working Capital Fund. 

23 (b) Not later than 120 days after the date of the en24 actment of this Act, the Secretary of Defense shall trans25 fer $967,200,000 from the Department of Defense Trans-
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1 portation Working Capital Fund to ‘‘Operation and Main2 tenance, Air Force’’ to offset the reduction made by sub3 section (a). The transfer required by this subsection is in 

4 addition to any other transfer authority provided to the 

5 Department of Defense.

6 SEC. 8111. None of the funds provided in this Act 

7 shall be available for integration of foreign intelligence in8 formation unless the information has been lawfully col9 lected and processed during the conduct of authorized for10 eign intelligence activities: Provided, That information 

11 pertaining to United States persons shall only be handled 

12 in accordance with protections provided in the Fourth 

13 Amendment of the United States Constitution as imple14 mented through Executive Order No. 12333. 

15 SEC. 8112. Section 8149(b) of the Department of De16 fense Appropriations Act, 2003 (Public Law 107–248; 10 

17 U.S.C. 2784 note), shall remain in effect for fiscal year 

18 2005. 

19 SEC. 8113. Amounts appropriated in this Act may 

20 be used by the Department of Defense for the purchase 

21 of heavy and light armored vehicles for force protection 

22 purposes, notwithstanding price or other limitations appli23 cable to the purchase of passenger carrying vehicles under 

24 section 1343 of title 31, United States Code, or any other 

25 provision of law: Provided, That the Secretary of Defense 
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1 shall submit a report no later than 30 days after the end 

2 of each fiscal quarter notifying the congressional defense 

3 committees of any purchase described in this section, in4 cluding the cost, purposes, and quantities of vehicles pur5 chased. 

6 SEC. 8114. Of the amount appropriated under the 

7 heading ‘‘Operation and Maintenance, Marine Corps’’ for 

8 the Marine Corps Air-Ground Task Force Training Cen9 ter, Twenty Nine Palms, California, $4,500,000 shall be 

10 available to the Secretary of the Navy to enter into a con11 tract, notwithstanding any other provision of law, for the 

12 widening of Adobe Road, which is used by members of 

13 the Marine Corps stationed at the installation and their 

14 dependents, and for construction of pedestrian and bike 

15 lanes for the road, to provide for the safety of the Marines 

16 stationed at the installation. 

17 SEC. 8115. In addition to amounts appropriated or 

18 otherwise made available in this Act, there is hereby ap19 propriated $3,000,000, for ‘‘Operation and Maintenance, 

20 Marine Corps’’: Provided, That the Secretary of the Navy 

21 shall make a grant in that amount to the ‘‘Hi-Desert Me22 morial Health Care District’’, Joshua Tree, California, for 

23 the purposes of providing a capability for non-invasive as24 sessment, diagnostic testing and treatment in support of 
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1 service personnel and their families stationed at the Ma2 rine Corps Air-Ground Task Force Training Center. 

3 SEC. 8116. (a) LAND CONVEYANCE, ARMY RESERVE

4 TRAINING CENTER, WOOSTER, OHIO.—The Secretary of 

5 the Army may convey, without consideration, to the City 

6 of Wooster, Ohio, all right, title, and interest of the United 

7 States in and to a parcel of real property, including im8 provements thereon, that is located at 1676 Portage Road, 

9 Wooster, Ohio, and contains a former Army Reserve 

10 Training Center. 

11 (b) DESCRIPTION OF PROPERTY.—The exact acreage 

12 and legal description of the real property to be conveyed 

13 under subsection (a) shall be determined by a survey satis14 factory to the Secretary. The cost of the survey shall be 

15 borne by the City of Wooster, Ohio. 

16 (c) ADDITIONAL TERMS AND CONDITIONS.—The 

17 Secretary may require such additional terms and condi18 tions in connection with the conveyance under subsection 

19 (a) as the Secretary considers appropriate to protect the 

20 interests of the United States. 

21 SEC. 8117. (a) At the time members of reserve com22 ponents of the Armed Forces are called or ordered to ac23 tive duty under section 12302(a) of title 10, United States 

24 Code, each member shall be notified in writing of the ex25 pected period during which the member will be mobilized. 
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1 (b) The Secretary of Defense may waive the require2 ments of subsection (a) in any case in which the Secretary 

3 determines that it is necessary to do so to respond to a 

4 national security emergency or to meet dire operational 

5 requirements of the Armed Forces. 

6 (INCLUDING TRANSFER OF FUNDS)

7 SEC. 8118. The Secretary of the Navy may transfer 

8 funds from any available Department of the Navy appro9 priation to any available Navy ship construction appro10 priation for the purpose of liquidating necessary changes 

11 resulting from inflation, market fluctuations, or rate ad12 justments for any ship construction program appropriated 

13 in law: Provided, That the Secretary may transfer not to 

14 exceed $100,000,000 under the authority provided by this 

15 section: Provided further, That the funding transferred 

16 shall be available for the same time period as the appro17 priation to which transferred: Provided further, That the 

18 Secretary may not transfer any funds until 30 days after 

19 the proposed transfer has been reported to the Committee 

20 on Appropriations of the Senate and the House of Rep21 resentatives, unless sooner notified by the Committees 

22 that there is no objection to the proposed transfer: Pro23 vided further, That the transfer authority provided by this 

24 section is in addition to any other transfer authority con25 tained elsewhere in this Act. 
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1 SEC. 8119. The amounts appropriated in title II of 

2 this Act are hereby reduced by $100,000,000 to reflect 

3 savings attributable to the offsetting of payments to con4 tractors for the collection, pursuant to law, of unpaid taxes 

5 owed to the United States, as follows: 

6 (1) From ‘‘Operation and Maintenance, Army’’, 

7 $22,000,000. 

8 (2) From ‘‘Operation and Maintenance, Navy’’, 

9 $26,000,000. 

10 (3) From ‘‘Operation and Maintenance, Marine 

11 Corps’’, $2,000,000. 

12 (4) From ‘‘Operation and Maintenance, Air 

13 Force’’, $50,000,000. 

14 SEC. 8120. The total amount appropriated in title IV 

15 is hereby reduced by $685,000,000 to decrease amounts 

16 budgeted in anticipation of the application of non-statu17 tory funding set asides: Provided, That this reduction shall 

18 be allocated proportionately to each budgeted program, 

19 program element, project, and activity: Provided further,

20 That funds made available for programs of the National 

21 Foreign Intelligence Program (NFIP) are exempt from 

22 the application of this provision. 

23 (INCLUDING TRANSFER OF FUNDS)

24 SEC. 8121. TANKER REPLACEMENT TRANSFER

25 FUND.—In addition to funds made available elsewhere in 

26 this Act, there is hereby appropriated $100,000,000, to 
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1 remain available until transferred: Provided, That these 

2 funds are appropriated to the ‘‘Tanker Replacement 

3 Transfer Fund’’ (referred to as ‘‘the Fund’’ elsewhere in 

4 this section), which is hereby established in the Treasury: 

5 Provided further, That the Secretary of the Air Force may 

6 transfer amounts in the Fund to ‘‘Operation and Mainte7 nance, Air Force’’, ‘‘Aircraft Procurement, Air Force’’, 

8 and ‘‘Research, Development, Test and Evaluation, Air 

9 Force’’, only for the purposes of proceeding with a KC–

10 767 tanker acquisition program: Provided further, That 

11 these funds may be made available to implement the provi12 sions of section 117 of the House-passed version of H.R. 

13 4200 (108th Congress), the National Defense Authoriza14 tion Act for Fiscal Year 2005: Provided further, That 

15 funds transferred shall be merged with and be available 

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

17 the appropriation or fund to which transferred: Provided 

18 further, That this transfer authority is in addition to any 

19 other transfer authority available to the Department of 

20 Defense: Provided further, That the Secretary of the Air 

21 Force shall, not fewer than 15 days prior to making trans22 fers using funds provided in this section, notify the con23 gressional defense committees in writing of the details of 

24 any such transfer: Provided further, That the Secretary 

25 shall submit a report no later than 30 days after the end 
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1 of each fiscal quarter to the congressional defense commit2 tees summarizing the details of the transfer of funds from 

3 this appropriation. 

4 SEC. 8122. None of the funds appropriated or other5 wise made available by this Act may be used to amend 

6 or cancel, or implement any amendment or cancellation 

7 of, Department of Defense Directive 1344.7, ‘‘Personal 

8 Commercial Solicitation on DoD Installations’’, until after 

9 the end of the one-year period beginning on the date on 

10 which the report containing the results of the investigation 

11 regarding insurance premium allotment processing, which 

12 is underway as of the date of the enactment of this Act, 

13 is submitted to the congressional defense committees (as 

14 defined in section 101(a)(16) of title 10, United States 

15 Code), the Committee on Government Reform of the 

16 House of Representatives, and the Committee on Govern17 mental Affairs of the Senate. 

18 SEC. 8123. The Secretary of Defense shall provide 

19 a report to the congressional defense committees not later 

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

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

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

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

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

4 schedule describing the DoD cluster munitions inventory 

5 profile from the present until the time this inventory will 

6 meet the 1-percent dud rate policy. 

7 TITLE IX—ADDITIONAL APPROPRIATIONS 

8 CHAPTER I 

9 DEPARTMENT OF DEFENSE—MILITARY 

10 MILITARY PERSONNEL 

11 MILITARY PERSONNEL, ARMY

12 For an additional amount for ‘‘Military Personnel, 

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

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

15 is designated as an emergency requirement pursuant to 

16 section 402 of S. Con. Res. 95 (108th Congress), as made 

17 applicable to the House of Representatives by H. Res. 649 

18 (108th Congress): Provided further, That, if the enactment 

19 of this title occurs during fiscal year 2005, such amount 

20 is designated as making appropriations for overseas con21 tingency operations pursuant to section 403 of such S. 

22 Con. Res. 95. 

23 MILITARY PERSONNEL, NAVY

24 For an additional amount for ‘‘Military Personnel, 

25 Navy’’, $232,200,000: Provided, That, if the enactment 
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1 of this title occurs during fiscal year 2004, such amount 

2 is designated as an emergency requirement pursuant to 

3 section 402 of S. Con. Res. 95 (108th Congress), as made 

4 applicable to the House of Representatives by H. Res. 649 

5 (108th Congress): Provided further, That, if the enactment 

6 of this title occurs during fiscal year 2005, such amount 

7 is designated as making appropriations for overseas con8 tingency operations pursuant to section 403 of such S. 

9 Con. Res. 95. 

10 MILITARY PERSONNEL, MARINE CORPS

11 For an additional amount for ‘‘Military Personnel, 

12 Marine Corps’’, $273,200,000: Provided, That, if the en13 actment of this title occurs during fiscal year 2004, such 

14 amount is designated as an emergency requirement pursu15 ant to section 402 of S. Con. Res. 95 (108th Congress), 

16 as made applicable to the House of Representatives by H. 

17 Res. 649 (108th Congress): Provided further, That, if the 

18 enactment of this title occurs during fiscal year 2005, such 

19 amount is designated as making appropriations for over20 seas contingency operations pursuant to section 403 of 

21 such S. Con. Res. 95. 

22 MILITARY PERSONNEL, AIR FORCE

23 For an additional amount for ‘‘Military Personnel, 

24 Air Force’’, $874,400,000: Provided, That, if the enact25 ment of this title occurs during fiscal year 2004, such 
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1 amount is designated as an emergency requirement pursu2 ant to section 402 of S. Con. Res. 95 (108th Congress), 

3 as made applicable to the House of Representatives by H. 

4 Res. 649 (108th Congress): Provided further, That, if the 

5 enactment of this title occurs during fiscal year 2005, such 

6 amount is designated as making appropriations for over7 seas contingency operations pursuant to section 403 of 

8 such S. Con. Res. 95. 

9 OPERATION AND MAINTENANCE 

10 OPERATION AND MAINTENANCE, ARMY

11 For an additional amount for ‘‘Operation and Main12 tenance, Army’’, $11,698,400,000: Provided, That, if the 

13 enactment of this title occurs during fiscal year 2004, such 

14 amount is designated as an emergency requirement pursu15 ant to section 402 of S. Con. Res. 95 (108th Congress), 

16 as made applicable to the House of Representatives by H. 

17 Res. 649 (108th Congress): Provided further, That, if the 

18 enactment of this title occurs during fiscal year 2005, such 

19 amount is designated as making appropriations for over20 seas contingency operations pursuant to section 403 of 

21 such S. Con. Res. 95. 

22 OPERATION AND MAINTENANCE, NAVY

23 For an additional amount for ‘‘Operation and Main24 tenance, Navy’’, $303,000,000: Provided, That, if the en25 actment of this title occurs during fiscal year 2004, such 
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1 amount is designated as an emergency requirement pursu2 ant to section 402 of S. Con. Res. 95 (108th Congress), 

3 as made applicable to the House of Representatives by H. 

4 Res. 649 (108th Congress): Provided further, That, if the 

5 enactment of this title occurs during fiscal year 2005, such 

6 amount is designated as making appropriations for over7 seas contingency operations pursuant to section 403 of 

8 such S. Con. Res. 95. 

9 OPERATION AND MAINTENANCE, MARINE CORPS

10 For an additional amount for ‘‘Operation and Main11 tenance, Marine Corps’’, $1,295,000,000: Provided, That, 

12 if the enactment of this title occurs during fiscal year 

13 2004, such amount is designated as an emergency require14 ment pursuant to section 402 of S. Con. Res. 95 (108th 

15 Congress), as made applicable to the House of Representa16 tives by H. Res. 649 (108th Congress): Provided further,

17 That, if the enactment of this title occurs during fiscal 

18 year 2005, such amount is designated as making appro19 priations for overseas contingency operations pursuant to 

20 section 403 of such S. Con. Res. 95. 

21 OPERATION AND MAINTENANCE, AIR FORCE

22 For an additional amount for ‘‘Operation and Main23 tenance, Air Force’’, $744,000,000: Provided, That, if the 

24 enactment of this title occurs during fiscal year 2004, such 

25 amount is designated as an emergency requirement pursu-
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1 ant to section 402 of S. Con. Res. 95 (108th Congress), 

2 as made applicable to the House of Representatives by H. 

3 Res. 649 (108th Congress): Provided further, That, if the 

4 enactment of this title occurs during fiscal year 2005, such 

5 amount is designated as making appropriations for over6 seas contingency operations pursuant to section 403 of 

7 such S. Con. Res. 95. 

8 OPERATION AND MAINTENANCE, DEFENSE-WIDE

9 For an additional amount for ‘‘Operation and Main10 tenance, Defense-Wide’’, $295,000,000: Provided, That, if 

11 the enactment of this title occurs during fiscal year 2004, 

12 such amount is designated as an emergency requirement 

13 pursuant to section 402 of S. Con. Res. 95 (108th Con14 gress), as made applicable to the House of Representatives 

15 by H. Res. 649 (108th Congress): Provided further, That, 

16 if the enactment of this title occurs during fiscal year 

17 2005, such amount is designated as making appropria18 tions for overseas contingency operations pursuant to sec19 tion 403 of such S. Con. Res. 95. 

20 IRAQ FREEDOM FUND

21 (INCLUDING TRANSFER OF FUNDS)

22 For an additional amount for ‘‘Iraq Freedom Fund’’, 

23 $2,978,000,000, to remain available for transfer until 

24 September 30, 2006, for the purposes authorized under 

25 this heading in Public Law 108–11: Provided, That the 
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1 Secretary of Defense may transfer the funds provided 

2 herein to appropriations for military personnel; operation 

3 and maintenance; Overseas Humanitarian, Disaster, and 

4 Civic Aid; procurement; research, development, test and 

5 evaluation; the Defense Health Program; and working 

6 capital funds: Provided further, That of the amounts pro7 vided under this heading, not less than $1,978,000,000 

8 shall be for classified programs, which shall be in addition 

9 to amounts provided for elsewhere in this title, and under 

10 this heading: Provided further, That funds transferred 

11 shall be merged with and be available for the same pur12 poses and for the same time period as the appropriation 

13 or fund to which transferred: Provided further, That this 

14 transfer authority is in addition to any other transfer au15 thority available to the Department of Defense: Provided 

16 further, That upon a determination that all or part of the 

17 funds transferred from this appropriation are not nec18 essary for the purposes provided herein, such amounts 

19 may be transferred back to this appropriation: Provided 

20 further, That the Secretary of Defense shall, not fewer 

21 than 5 days prior to making transfers from this appropria22 tion, notify the congressional defense committees in writ23 ing of the details of any such transfer: Provided further, 

24 That the Secretary shall submit a report no later than 

25 30 days after the end of each fiscal quarter to the congres-
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1 sional defense committees summarizing the details of the 

2 transfer of funds from this appropriation: Provided fur3 ther, That, if the enactment of this title occurs during fis4 cal year 2004, such amount is designated as an emergency 

5 requirement pursuant to section 402 of S. Con. Res. 95 

6 (108th Congress), as made applicable to the House of 

7 Representatives by H. Res. 649 (108th Congress): Pro8 vided further, That, if the enactment of this title occurs 

9 during fiscal year 2005, such amount is designated as 

10 making appropriations for overseas contingency operations 

11 pursuant to section 403 of such S. Con. Res. 95. 

12 PROCUREMENT 

13 MISSILE PROCUREMENT, ARMY

14 For an additional amount for ‘‘Missile Procurement, 

15 Army’’, $42,800,000, to remain available until September 

16 30, 2007: Provided, That, if the enactment of this title 

17 occurs during fiscal year 2004, such amount is designated 

18 as an emergency requirement pursuant to section 402 of 

19 S. Con. Res. 95 (108th Congress), as made applicable to 

20 the House of Representatives by H. Res. 649 (108th Con21 gress): Provided further, That, if the enactment of this 

22 title occurs during fiscal year 2005, such amount is des23 ignated as making appropriations for overseas contingency 

24 operations pursuant to section 403 of such S. Con. Res. 

25 95. 
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1 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

2 VEHICLES, ARMY

3 For an additional amount for ‘‘Procurement of Weap4 ons and Tracked Combat Vehicles, Army’’, $201,900,000, 

5 to remain available until September 30, 2007: Provided, 

6 That, if the enactment of this title occurs during fiscal 

7 year 2004, such amount is designated as an emergency 

8 requirement pursuant to section 402 of S. Con. Res. 95 

9 (108th Congress), as made applicable to the House of 

10 Representatives by H. Res. 649 (108th Congress): Pro11 vided further, That, if the enactment of this title occurs 

12 during fiscal year 2005, such amount is designated as 

13 making appropriations for overseas contingency operations 

14 pursuant to section 403 of such S. Con. Res. 95. 

15 PROCUREMENT OF AMMUNITION, ARMY

16 For an additional amount for ‘‘Procurement of Am17 munition, Army’’, $330,000,000, to remain available until 

18 September 30, 2007: Provided, That, if the enactment of 

19 this title occurs during fiscal year 2004, such amount is 

20 designated as an emergency requirement pursuant to sec21 tion 402 of S. Con. Res. 95 (108th Congress), as made 

22 applicable to the House of Representatives by H. Res. 649 

23 (108th Congress): Provided further, That, if the enactment 

24 of this title occurs during fiscal year 2005, such amount 

25 is designated as making appropriations for overseas con-
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1 tingency operations pursuant to section 403 of such S. 

2 Con. Res. 95. 

3 OTHER PROCUREMENT, ARMY

4 For an additional amount for ‘‘Other Procurement, 

5 Army’’, $1,151,400,000, to remain available until Sep6 tember 30, 2007: Provided, That, if the enactment of this 

7 title occurs during fiscal year 2004, such amount is des8 ignated as an emergency requirement pursuant to section 

9 402 of S. Con. Res. 95 (108th Congress), as made applica10 ble to the House of Representatives by H. Res. 649 (108th 

11 Congress): Provided further, That, if the enactment of this 

12 title occurs during fiscal year 2005, such amount is des13 ignated as making appropriations for overseas contingency 

14 operations pursuant to section 403 of such S. Con. Res. 

15 95. 

16 AIRCRAFT PROCUREMENT, NAVY

17 For an additional amount for ‘‘Aircraft Procurement, 

18 Navy’’, $34,000,000, to remain available until September 

19 30, 2007: Provided, That, if the enactment of this title 

20 occurs during fiscal year 2004, such amount is designated 

21 as an emergency requirement pursuant to section 402 of 

22 S. Con. Res. 95 (108th Congress), as made applicable to 

23 the House of Representatives by H. Res. 649 (108th Con24 gress): Provided further, That, if the enactment of this 

25 title occurs during fiscal year 2005, such amount is des-
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1 ignated as making appropriations for overseas contingency 

2 operations pursuant to section 403 of such S. Con. Res. 

3 95. 

4 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

5 CORPS

6 For an additional amount for ‘‘Procurement of Am7 munition, Navy and Marine Corps’’, $112,800,000, to re8 main available until September 30, 2007: Provided, That, 

9 if the enactment of this title occurs during fiscal year 

10 2004, such amount is designated as an emergency require11 ment pursuant to section 402 of S. Con. Res. 95 (108th 

12 Congress), as made applicable to the House of Representa13 tives by H. Res. 649 (108th Congress): Provided further,

14 That, if the enactment of this title occurs during fiscal 

15 year 2005, such amount is designated as making appro16 priations for overseas contingency operations pursuant to 

17 section 403 of such S. Con. Res. 95. 

18 PROCUREMENT, MARINE CORPS

19 For an additional amount for ‘‘Procurement, Marine 

20 Corps’’, $111,400,000, to remain available until Sep21 tember 30, 2007: Provided, That, if the enactment of this 

22 title occurs during fiscal year 2004, such amount is des23 ignated as an emergency requirement pursuant to section 

24 402 of S. Con. Res. 95 (108th Congress), as made applica25 ble to the House of Representatives by H. Res. 649 (108th 
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1 Congress): Provided further, That, if the enactment of this 

2 title occurs during fiscal year 2005, such amount is des3 ignated as making appropriations for overseas contingency 

4 operations pursuant to section 403 of such S. Con. Res. 

5 95. 

6 OTHER PROCUREMENT, AIR FORCE

7 For an additional amount for ‘‘Other Procurement, 

8 Air Force’’, $35,300,000, to remain available until Sep9 tember 30, 2007: Provided, That, if the enactment of this 

10 title occurs during fiscal year 2004, such amount is des11 ignated as an emergency requirement pursuant to section 

12 402 of S. Con. Res. 95 (108th Congress), as made applica13 ble to the House of Representatives by H. Res. 649 (108th 

14 Congress): Provided further, That, if the enactment of this 

15 title occurs during fiscal year 2005, such amount is des16 ignated as making appropriations for overseas contingency 

17 operations pursuant to section 403 of such S. Con. Res. 

18 95. 

19 PROCUREMENT, DEFENSE-WIDE

20 For an additional amount for ‘‘Procurement, De21 fense-Wide’’, $80,000,000, to remain available until Sep22 tember 30, 2007: Provided, That, if the enactment of this 

23 title occurs during fiscal year 2004, such amount is des24 ignated as an emergency requirement pursuant to section 

25 402 of S. Con. Res. 95 (108th Congress), as made applica-
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1 ble to the House of Representatives by H. Res. 649 (108th 

2 Congress): Provided further, That, if the enactment of this 

3 title occurs during fiscal year 2005, such amount is des4 ignated as making appropriations for overseas contingency 

5 operations pursuant to section 403 of such S. Con. Res. 

6 95. 

7 NATIONAL GUARD AND RESERVE EQUIPMENT

8 For an additional amount for ‘‘National Guard and 

9 Reserve Equipment’’, $100,000,000, to remain available 

10 until September 30, 2007: Provided, That, if the enact11 ment of this title occurs during fiscal year 2004, such 

12 amount is designated as an emergency requirement pursu13 ant to section 402 of S. Con. Res. 95 (108th Congress), 

14 as made applicable to the House of Representatives by H. 

15 Res. 649 (108th Congress): Provided further, That, if the 

16 enactment of this title occurs during fiscal year 2005, such 

17 amount is designated as making appropriations for over18 seas contingency operations pursuant to section 403 of 

19 such S. Con. Res. 95. 

20 REVOLVING AND MANAGEMENT FUNDS 

21 DEFENSE WORKING CAPITAL FUNDS

22 For an additional amount for ‘‘Defense Working 

23 Capital Funds’’, $1,250,000,000: Provided, That, if the 

24 enactment of this title occurs during fiscal year 2004, such 

25 amount is designated as an emergency requirement pursu-
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1 ant to section 402 of S. Con. Res. 95 (108th Congress), 

2 as made applicable to the House of Representatives by H. 

3 Res. 649 (108th Congress): Provided further, That, if the 

4 enactment of this title occurs during fiscal year 2005, such 

5 amount is designated as making appropriations for over6 seas contingency operations pursuant to section 403 of 

7 such S. Con. Res. 95. 

8 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

9 DEFENSE HEALTH PROGRAM

10 For an additional amount for ‘‘Defense Health Pro11 gram’’, $305,000,000 for Operation and maintenance: 

12 Provided, That, if the enactment of this title occurs during 

13 fiscal year 2004, such amount is designated as an emer14 gency requirement pursuant to section 402 of S. Con. Res. 

15 95 (108th Congress), as made applicable to the House of 

16 Representatives by H. Res. 649 (108th Congress): Pro17 vided further, That, if the enactment of this title occurs 

18 during fiscal year 2005, such amount is designated as 

19 making appropriations for overseas contingency operations 

20 pursuant to section 403 of such S. Con. Res. 95. 
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1 CHAPTER 2

2 DEPARTMENT OF STATE 

3 ADMINISTRATION OF FOREIGN AFFAIRS

4 DIPLOMATIC AND CONSULAR PROGRAMS

5 For an additional amount for ‘‘Diplomatic and Con6 sular Programs’’ for costs associated with United States 

7 Mission operations, technological support, logistical sup8 port, and necessary security costs in Iraq, $665,300,000, 

9 to remain available until expended: Provided, That, if the 

10 enactment of this title occurs during fiscal year 2004, such 

11 amount is designated as an emergency requirement pursu12 ant to section 402 of S. Con. Res. 95 (108th Congress), 

13 as made applicable to the House of Representatives by H. 

14 Res. 649 (108th Congress): Provided further, That, if the 

15 enactment of this title occurs during fiscal year 2005, such 

16 amount is designated as making appropriations for over17 seas contingency operations pursuant to section 403 of 

18 such S. Con. Res. 95. 

19 EMBASSY SECURITY, CONSTRUCTION, AND

20 MAINTENANCE

21 For an additional amount for ‘‘Embassy Security, 

22 Construction, and Maintenance’’ for interim facilities for 

23 the United States Mission in Iraq, $20,000,000, to remain 

24 available until expended: Provided, That, if the enactment 

25 of this title occurs during fiscal year 2004, such amount 
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1 is designated as an emergency requirement pursuant to 

2 section 402 of S. Con. Res. 95 (108th Congress), as made 

3 applicable to the House of Representatives by H. Res. 649 

4 (108th Congress): Provided further, That, if the enactment 

5 of this title occurs during fiscal year 2005, such amount 

6 is designated as making appropriations for overseas con7 tingency operations pursuant to section 403 of such S. 

8 Con. Res. 95. 

9 CHAPTER 3

10 BILATERAL ECONOMIC ASSISTANCE 

11 FUNDS APPROPRIATED TO THE PRESIDENT 

12 UNITED STATES AGENCY FOR INTERNATIONAL

13 DEVELOPMENT

14 INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

15 For an additional amount for ‘‘International Disaster 

16 and Famine Assistance’’, $70,000,000, to remain available 

17 until September 30, 2005: Provided, That funds appro18 priated by this paragraph shall be available to respond to 

19 the humanitarian crisis in the Darfur region of Sudan and 

20 in Chad: Provided further, That such amount is designated 

21 as an emergency requirement pursuant to section 402 of 

22 S. Con. Res. 95 (108th Congress), as made applicable to 

23 the House of Representatives by H. Res. 649 (108th Con24 gress). 
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1 DEPARTMENT OF STATE

2 MIGRATION AND REFUGEE ASSISTANCE

3 For an additional amount for ‘‘Migration and Ref4 ugee Assistance’’, $25,000,000, to remain available until 

5 September 30, 2005: Provided, That funds appropriated 

6 by this paragraph shall be available to respond to the hu7 manitarian crisis in the Darfur region of Sudan and in 

8 Chad: Provided further, That such amount is designated 

9 as an emergency requirement pursuant to section 402 of 

10 S. Con. Res. 95 (108th Congress), as made applicable to 

11 the House of Representatives by H. Res. 649 (108th Con12 gress). 

13 GENERAL PROVISIONS, TITLE IX 

14 SEC. 9001. Appropriations provided in this title are 

15 available for obligation until September 30, 2005, unless 

16 otherwise so provided in this title: Provided, That notwith17 standing any other provision of law or of this Act, funds 

18 in this title are available for obligation, and authorities 

19 in this title shall apply, upon enactment of this Act. 

20 SEC. 9002. Notwithstanding any other provision of 

21 law or of this Act, funds made available in this title are 

22 in addition to amounts provided elsewhere in this Act. 

23 (TRANSFER OF FUNDS)

24 SEC. 9003. (a) Upon his determination that such ac25 tion is necessary in the national interest, the Secretary 

26 of Defense may transfer between appropriations up to 
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1 $2,000,000,000 of the funds made available to the De2 partment of Defense in this title: Provided, That the Sec3 retary shall notify the Congress promptly of each transfer 

4 made pursuant to the authority in this section: Provided 

5 further, That the authority provided in this section is in 

6 addition to any other transfer authority available to the 

7 Department of Defense and is subject to the same terms 

8 and conditions as the authority provided in section 8005 

9 of this Act. 

10 (b) Section 8005 of the Department of Defense Ap11 propriations Act, 2004 (Public Law 108–87; 117 Stat. 

12 1071), is amended—

13 (1) by striking ‘‘$2,100,000,000’’ and inserting 

14 in lieu thereof ‘‘$3,000,000,000’’; and 

15 (2) by striking all after the third proviso and 

16 inserting the following: ‘‘: Provided further, That 

17 transfers among military personnel appropriations 

18 shall not be taken into account for purposes of the 

19 limitation on the amount of funds that may be 

20 transferred under this section.’’. 

21 (c) Section 168(a) of division H of the Consolidated 

22 Appropriations Act, 2004 (Public Law 108–199; 118 Stat. 

23 456), is repealed upon enactment of this Act. 

24 (d)(1) If the enactment of this title occurs during fis25 cal year 2004, the amounts made available by the transfer 
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1 of funds in or pursuant to this section are designated as 

2 emergency requirements pursuant to section 402 of S. 

3 Con. Res. 95 (108th Congress), as made applicable to the 

4 House of Representatives by H. Res. 649 (108th Con5 gress). 

6 (2) If the enactment of this title occurs during fiscal 

7 year 2005, such amounts are designated as making appro8 priations for overseas contingency operations pursuant to 

9 section 403 of such S. Con. Res. 95. 

10 SEC. 9004. Funds appropriated in this title, or made 

11 available by the transfer of funds in or pursuant to this 

12 title, for intelligence activities are deemed to be specifically 

13 authorized by the Congress for purposes of section 504 

14 of the National Security Act of 1947 (50 U.S.C. 414). 

15 SEC. 9005. None of the funds provided in this title 

16 may be used to finance programs or activities denied by 

17 Congress in fiscal year 2005 appropriations to the Depart18 ment of Defense or to initiate a procurement or research, 

19 development, test and evaluation new start program with20 out prior notification to the congressional defense commit21 tees. 

22 SEC. 9006. Sections 1318 and 1319 of the Emer23 gency Wartime Supplemental Appropriations Act, 2003 

24 (Public Law 108–11; 117 Stat. 571), shall remain in ef25 fect during fiscal year 2005. 
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1 SEC. 9007. From October 1, 2004, through Sep2 tember 30, 2005, (a) the rates of pay authorized by sec3 tion 310(a) of title 37, United States Code, shall be $225; 

4 and (b) the rates of pay authorized by section 427(a)(1) 

5 of title 37, United States Code, shall be $250. 

6 SEC. 9008. Notwithstanding any other provision of 

7 law, from funds made available in this title to the Depart8 ment of Defense for operation and maintenance, not to 

9 exceed $500,000,000 may be used by the Secretary of De10 fense, with the concurrence of the Secretary of State, to 

11 train, equip, and provide related assistance to military or 

12 security forces in Iraq and Afghanistan, to enhance their 

13 capability to combat terrorism and to support U.S. mili14 tary operations in Iraq and Afghanistan: Provided, That 

15 such assistance may include the provision of equipment, 

16 supplies, services, training and funding: Provided further, 

17 That the authority to provide assistance under this section 

18 is in addition to any other authority to provide assistance 

19 to foreign nations: Provided further, That the Secretary 

20 of Defense shall notify the congressional defense commit21 tees, the Committee on International Relations of the 

22 House of Representatives, and the Committee on Foreign 

23 Relations of the Senate not less than 15 days before pro24 viding assistance under the authority of this section. 
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1 SEC. 9009. From funds made available in this title 

2 to the Department of Defense for operation and mainte3 nance, not to exceed $300,000,000 may be used, notwith4 standing any other provision of law, to fund the Com5 mander’s Emergency Response Program, for the purpose 

6 of enabling military commanders in Iraq to respond to ur7 gent humanitarian relief and reconstruction requirements 

8 within their areas of responsibility by carrying out pro9 grams that will immediately assist the Iraqi people, and 

10 to fund a similar program to assist the people of Afghani11 stan: Provided, That the Secretary of Defense shall pro12 vide quarterly reports to the congressional defense com13 mittees regarding the source of funds and the allocation 

14 and use of funds made available pursuant to the authority 

15 provided in this section. 

16 SEC. 9010. Section 202(b) of the Afghanistan Free17 dom Support Act of 2002 (22 U.S.C. 7532(b)) is amended 

18 by striking ‘‘$450,000,000’’ and inserting in lieu thereof 

19 ‘‘$650,000,000’’. 

20 SEC. 9011. Funds available to the Department of De21 fense for operation and maintenance in this title may be 

22 used, notwithstanding any other provision of law, to pro23 vide supplies, services, transportation, including airlift and 

24 sealift, and other logistical support to coalition forces sup25 porting military and stability operations in Iraq and Af-
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1 ghanistan: Provided, That the Secretary of Defense shall 

2 provide quarterly reports to the congressional defense 

3 committees regarding support provided under this section. 

4 SEC. 9012. (a) Not later than April 30 and October 

5 31 of each year, the Secretary of Defense shall submit 

6 to Congress a report on the military operations of the 

7 Armed Forces and the reconstruction activities of the De8 partment of Defense in Iraq and Afghanistan. 

9 (b) Each report shall include the following informa10 tion: 

11 (1) For each of Iraq and Afghanistan for the 

12 half-fiscal year ending during the month preceding 

13 the due date of the report, the amount expended for 

14 military operations of the Armed Forces and the 

15 amount expended for reconstruction activities, to16 gether with the cumulative total amounts expended 

17 for such operations and activities. 

18 (2) An assessment of the progress made toward 

19 preventing attacks on United States personnel. 

20 (3) An assessment of the effects of the oper21 ations and activities in Iraq and Afghanistan on the 

22 readiness of the Armed Forces. 

23 (4) An assessment of the effects of the oper24 ations and activities in Iraq and Afghanistan on the 
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1 recruitment and retention of personnel for the 

2 Armed Forces. 

3 (5) For the half-fiscal year ending during the 

4 month preceding the due date of the report, the 

5 costs incurred for repair of Department of Defense 

6 equipment used in the operations and activities in 

7 Iraq and Afghanistan. 

8 (6) The foreign countries, international organi9 zations, and nongovernmental organizations that are 

10 contributing support for the ongoing military oper11 ations and reconstruction activities, together with a 

12 discussion of the amount and types of support con13 tributed by each during the half-fiscal year ending 

14 during the month preceding the due date of the re15 port. 

16 (7) The extent to which, and the schedule on 

17 which, the Selected Reserve of the Ready Reserve of 

18 the Armed Forces is being involuntarily ordered to 

19 active duty under section 12304 of title 10, United 

20 States Code. 

21 (8) For each unit of the National Guard of the 

22 United States and the other reserve components of 

23 the Armed Forces on active duty pursuant to an 

24 order to active duty under section 12304 of title 10, 

25 United States Code, the following information: 
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1 (A) The unit. 

2 (B) The projected date of return of the 

3 unit to its home station. 

4 (C) The extent (by percentage) to which 

5 the forces deployed within the United States 

6 and outside the United States in support of a 

7 contingency operation are composed of reserve 

8 component forces. 

9 SEC. 9013. Authorities contained in sections 402, 

10 407, and 605 of division B of Public Law 108–199 shall 

11 also apply to amounts provided in this title for the Depart12 ment of State. 

13 SEC. 9014. Congress, consistent with international 

14 and United States law, reaffirms that torture of prisoners 

15 of war and detainees is illegal and does not reflect the 

16 policies of the United States Government or the values of 

17 the people of the United States. 

18 SEC. 9015. The President shall provide to the Con19 gress a report detailing the estimated costs over the period 

20 from fiscal year 2006 to 2011 of Operation Iraqi Freedom 

21 and Operation Enduring Freedom, or any related military 

22 operations in and around Iraq and Afghanistan, and the 

23 estimated costs of reconstruction, internal security, and 

24 related economic support to Iraq and Afghanistan: Pro25 vided, That the President may waive the requirement to 
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1 submit this report only if the President certifies in writing 

2 to the Congress that estimates of these future military and 

3 economic support costs cannot be provided for purposes 

4 of national security: Provided further, That the report ref5 erenced above shall be submitted no later than October 

6 1, 2004. 

7 SEC. 9016. Section 3101 of title 31, United States 

8 Code, is amended by adding at the end the following new 

9 subsection: 

10 ‘‘(d) The United States Government shall take 

11 all steps necessary to guarantee the full faith and 

12 credit of the Government.’’. 

13 SEC. 9017. From within funds made available in 

14 chapter 1 of this title, the Secretary of Defense shall use 

15 such funds as necessary to provide to Congress, not later 

16 than 4 months after the date of the enactment of this Act, 

17 a list of all contracts entered into by the Department of 

18 Defense for the provision of security, translation, and in19 terrogation services in Iraq, Afghanistan, or Guantanamo 

20 Bay, and the amount of each such contract. 

21 SEC. 9018. None of the funds made available in chap22 ter 1 of this title may be used to fund any contract in 

23 contravention of section 8(d)(6) of the Small Business Act 

24 (15 U.S.C. 637(d)(6)).
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1 This Act may be cited as the ‘‘Department of Defense 

2 Appropriations Act, 2005’’.

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2005, for military func6 tions administered by the Department of Defense, and for 

7 other purposes, namely: 

8 TITLE I 

9 MILITARY PERSONNEL 

10 MILITARY PERSONNEL, ARMY

11 For pay, allowances, individual clothing, subsistence, 

12 interest on deposits, gratuities, permanent change of station 

13 travel (including all expenses thereof for organizational 

14 movements), and expenses of temporary duty travel between 

15 permanent duty stations, for members of the Army on active 

16 duty, (except members of reserve components provided for 

17 elsewhere), cadets, and aviation cadets; and for payments 

18 pursuant to section 156 of Public Law 97–377, as amended 

19 (42 U.S.C. 402 note), and to the Department of Defense 

20 Military Retirement Fund, $29,457,797,000. 

21 MILITARY PERSONNEL, NAVY

22 For pay, allowances, individual clothing, subsistence, 

23 interest on deposits, gratuities, permanent change of station 

24 travel (including all expenses thereof for organizational 

25 movements), and expenses of temporary duty travel between 
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1 permanent duty stations, for members of the Navy on active 

2 duty (except members of the Reserve provided for elsewhere), 

3 midshipmen, and aviation cadets; and for payments pursu4 ant to section 156 of Public Law 97–377, as amended (42 

5 U.S.C. 402 note), and to the Department of Defense Mili6 tary Retirement Fund, $24,330,171,000. 

7 MILITARY PERSONNEL, MARINE CORPS

8 For pay, allowances, individual clothing, subsistence, 

9 interest on deposits, gratuities, permanent change of station 

10 travel (including all expenses thereof for organizational 

11 movements), and expenses of temporary duty travel between 

12 permanent duty stations, for members of the Marine Corps 

13 on active duty (except members of the Reserve provided for 

14 elsewhere); and for payments pursuant to section 156 of 

15 Public Law 97–377, as amended (42 U.S.C. 402 note), and 

16 to the Department of Defense Military Retirement Fund, 

17 $9,567,768,000. 

18 MILITARY PERSONNEL, AIR FORCE

19 For pay, allowances, individual clothing, subsistence, 

20 interest on deposits, gratuities, permanent change of station 

21 travel (including all expenses thereof for organizational 

22 movements), and expenses of temporary duty travel between 

23 permanent duty stations, for members of the Air Force on 

24 active duty (except members of reserve components provided 

25 for elsewhere), cadets, and aviation cadets; and for pay-
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1 ments pursuant to section 156 of Public Law 97–377, as 

2 amended (42 U.S.C. 402 note), and to the Department of 

3 Defense Military Retirement Fund, $24,165,011,000. 

4 RESERVE PERSONNEL, ARMY

5 For pay, allowances, clothing, subsistence, gratuities, 

6 travel, and related expenses for personnel of the Army Re7 serve on active duty under sections 10211, 10302, and 3038 

8 of title 10, United States Code, or while serving on active 

9 duty under section 12301(d) of title 10, United States Code, 

10 in connection with performing duty specified in section 

11 12310(a) of title 10, United States Code, or while under12 going reserve training, or while performing drills or equiva13 lent duty or other duty, and for members of the Reserve 

14 Officers’ Training Corps, and expenses authorized by sec15 tion 16131 of title 10, United States Code; and for pay16 ments to the Department of Defense Military Retirement 

17 Fund, $3,675,390,000. 

18 RESERVE PERSONNEL, NAVY

19 For pay, allowances, clothing, subsistence, gratuities, 

20 travel, and related expenses for personnel of the Navy Re21 serve on active duty under section 10211 of title 10, United 

22 States Code, or while serving on active duty under section 

23 12301(d) of title 10, United States Code, in connection with 

24 performing duty specified in section 12310(a) of title 10, 

25 United States Code, or while undergoing reserve training, 
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1 or while performing drills or equivalent duty, and for mem2 bers of the Reserve Officers’ Training Corps, and expenses 

3 authorized by section 16131 of title 10, United States Code; 

4 and for payments to the Department of Defense Military 

5 Retirement Fund, $2,132,432,000. 

6 RESERVE PERSONNEL, MARINE CORPS

7 For pay, allowances, clothing, subsistence, gratuities, 

8 travel, and related expenses for personnel of the Marine 

9 Corps Reserve on active duty under section 10211 of title 

10 10, United States Code, or while serving on active duty 

11 under section 12301(d) of title 10, United States Code, in 

12 connection with performing duty specified in section 

13 12310(a) of title 10, United States Code, or while under14 going reserve training, or while performing drills or equiva15 lent duty, and for members of the Marine Corps platoon 

16 leaders class, and expenses authorized by section 16131 of 

17 title 10, United States Code; and for payments to the De18 partment of Defense Military Retirement Fund, 

19 $624,973,000. 

20 RESERVE PERSONNEL, AIR FORCE

21 For pay, allowances, clothing, subsistence, gratuities, 

22 travel, and related expenses for personnel of the Air Force 

23 Reserve on active duty under sections 10211, 10305, and 

24 8038 of title 10, United States Code, or while serving on 

25 active duty under section 12301(d) of title 10, United States 
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1 Code, in connection with performing duty specified in sec2 tion 12310(a) of title 10, United States Code, or while un3 dergoing reserve training, or while performing drills or 

4 equivalent duty or other duty, and for members of the Air 

5 Reserve Officers’ Training Corps, and expenses authorized 

6 by section 16131 of title 10, United States Code; and for 

7 payments to the Department of Defense Military Retire8 ment Fund, $1,458,650,000. 

9 NATIONAL GUARD PERSONNEL, ARMY

10 For pay, allowances, clothing, subsistence, gratuities, 

11 travel, and related expenses for personnel of the Army Na12 tional Guard while on duty under section 10211, 10302, 

13 or 12402 of title 10 or section 708 of title 32, United States 

14 Code, or while serving on duty under section 12301(d) of 

15 title 10 or section 502(f) of title 32, United States Code, 

16 in connection with performing duty specified in section 

17 12310(a) of title 10, United States Code, or while under18 going training, or while performing drills or equivalent 

19 duty or other duty, and expenses authorized by section 

20 16131 of title 10, United States Code; and for payments 

21 to the Department of Defense Military Retirement Fund, 

22 $5,913,329,000. 

23 NATIONAL GUARD PERSONNEL, AIR FORCE

24 For pay, allowances, clothing, subsistence, gratuities, 

25 travel, and related expenses for personnel of the Air Na-
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1 tional Guard on duty under section 10211, 10305, or 12402 

2 of title 10 or section 708 of title 32, United States Code, 

3 or while serving on duty under section 12301(d) of title 10 

4 or section 502(f) of title 32, United States Code, in connec5 tion with performing duty specified in section 12310(a) of 

6 title 10, United States Code, or while undergoing training, 

7 or while performing drills or equivalent duty or other duty, 

8 and expenses authorized by section 16131 of title 10, United 

9 States Code; and for payments to the Department of Defense 

10 Military Retirement Fund, $2,543,892,000. 

11 TITLE II 

12 OPERATION AND MAINTENANCE 

13 OPERATION AND MAINTENANCE, ARMY

14 For expenses, not otherwise provided for, necessary for 

15 the operation and maintenance of the Army, as authorized 

16 by law, $25,705,109,000, to remain available for obligation 

17 until September 30, 2006: Provided, That not more than 

18 $11,000,000 may be used for emergency and extraordinary 

19 expenses authorized under section 127 of title 10, United 

20 States Code: Provided further, That $5,096,000,000 may 

21 not be obligated before September 30, 2005. 

22 OPERATION AND MAINTENANCE, NAVY

23 For expenses, not otherwise provided for, necessary for 

24 the operation and maintenance of the Navy and Marine 

25 Corps, as authorized by law, $29,591,679,000, to remain 
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1 available for obligation until September 30, 2006: Provided, 

2 That not more than $4,000,000 may be used for emergency 

3 and extraordinary expenses authorized under section 127 

4 of title 10, United States Code: Provided further, That 

5 $5,918,336,000 may not be obligated before September 30, 

6 2005. 

7 OPERATION AND MAINTENANCE, MARINE CORPS

8 For expenses, not otherwise provided for, necessary for 

9 the operation and maintenance of the Marine Corps, as au10 thorized by law, $3,617,473,000: Provided, That not more 

11 than $1,000,000 may be used for emergency and extraor12 dinary expenses authorized under section 127 of title 10, 

13 United States Code. 

14 OPERATION AND MAINTENANCE, AIR FORCE

15 For expenses, not otherwise provided for, necessary for 

16 the operation and maintenance of the Air Force, as author17 ized by law, $28,282,160,000, to remain available for obli18 gation until September 30, 2006: Provided, That not more 

19 than $7,000,000 may be used for emergency and extraor20 dinary expenses authorized under section 127 of title 10, 

21 United States Code: Provided further, That $5,474,432,000 

22 may not be obligated before September 30, 2005. 
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1 OPERATION AND MAINTENANCE, DEFENSE-WIDE

2 (INCLUDING TRANSFER OF FUNDS)

3 For expenses, not otherwise provided for, necessary for 

4 the operation and maintenance of activities and agencies 

5 of the Department of Defense (other than the military de6 partments), as authorized by law, $17,552,314,000, to re7 main available for obligation until September 30, 2006: 

8 Provided, That not more than $25,000,000 may be used for 

9 the Combatant Commander Initiative Fund authorized 

10 under section 166a of title 10, United States Code: Provided 

11 further, That not more than $32,000,000 may be used for 

12 emergency and extraordinary expenses authorized under 

13 section 127 of title 10, United States Code: Provided fur14 ther, That none of the funds appropriated or otherwise 

15 made available by this Act may be used to plan or imple16 ment the consolidation of a budget or appropriations liai17 son office of the Office of the Secretary of Defense, the office 

18 of the Secretary of a military department, or the service 

19 headquarters of one of the Armed Forces into a legislative 

20 affairs or legislative liaison office: Provided further, That 

21 of the funds provided under this heading not less than 

22 $28,000,000 shall be made available for the Procurement 

23 Technical Assistance Cooperative Agreement Program, of 

24 which not less than $3,600,000 shall be available for centers 

25 defined in 10 U.S.C. 2411(1)(D): Provided further, That 
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1 $4,000,000, to remain available until expended, is available 

2 only for expenses relating to certain classified activities, 

3 and may be transferred as necessary by the Secretary to 

4 operation and maintenance appropriations or research, de5 velopment, test and evaluation appropriations, to be merged 

6 with and to be available for the same time period as the 

7 appropriations to which transferred: Provided further, That 

8 any ceiling on the investment item unit cost of items that 

9 may be purchased with operation and maintenance funds 

10 shall not apply to the funds described in the preceding pro11 viso: Provided further, That the transfer authority provided 

12 under this heading is in addition to any other transfer au13 thority provided elsewhere in this Act: Provided further, 

14 That $3,510,463,000 may not be obligated before September 

15 30, 2004. 

16 OPERATION AND MAINTENANCE, ARMY RESERVE

17 For expenses, not otherwise provided for, necessary for 

18 the operation and maintenance, including training, organi19 zation, and administration, of the Army Reserve; repair of 

20 facilities and equipment; hire of passenger motor vehicles; 

21 travel and transportation; care of the dead; recruiting; pro22 curement of services, supplies, and equipment; and commu23 nications, $1,979,038,000. 
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1 OPERATION AND MAINTENANCE, NAVY RESERVE

2 For expenses, not otherwise provided for, necessary for 

3 the operation and maintenance, including training, organi4 zation, and administration, of the Navy Reserve; repair of 

5 facilities and equipment; hire of passenger motor vehicles; 

6 travel and transportation; care of the dead; recruiting; pro7 curement of services, supplies, and equipment; and commu8 nications, $1,244,838,000. 

9 OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

10 For expenses, not otherwise provided for, necessary for 

11 the operation and maintenance, including training, organi12 zation, and administration, of the Marine Corps Reserve; 

13 repair of facilities and equipment; hire of passenger motor 

14 vehicles; travel and transportation; care of the dead; recruit15 ing; procurement of services, supplies, and equipment; and 

16 communications, $188,696,000. 

17 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

18 For expenses, not otherwise provided for, necessary for 

19 the operation and maintenance, including training, organi20 zation, and administration, of the Air Force Reserve; repair 

21 of facilities and equipment; hire of passenger motor vehicles; 

22 travel and transportation; care of the dead; recruiting; pro23 curement of services, supplies, and equipment; and commu24 nications, $2,200,790,000. 
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1 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

2 For expenses of training, organizing, and admin3 istering the Army National Guard, including medical and 

4 hospital treatment and related expenses in non-Federal hos5 pitals; maintenance, operation, and repairs to structures 

6 and facilities; hire of passenger motor vehicles; personnel 

7 services in the National Guard Bureau; travel expenses 

8 (other than mileage), as authorized by law for Army per9 sonnel on active duty, for Army National Guard division, 

10 regimental, and battalion commanders while inspecting 

11 units in compliance with National Guard Bureau regula12 tions when specifically authorized by the Chief, National 

13 Guard Bureau; supplying and equipping the Army Na14 tional Guard as authorized by law; and expenses of repair, 

15 modification, maintenance, and issue of supplies and 

16 equipment (including aircraft), $4,372,436,000. 

17 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

18 For operation and maintenance of the Air National 

19 Guard, including medical and hospital treatment and re20 lated expenses in non-Federal hospitals; maintenance, oper21 ation, repair, and other necessary expenses of facilities for 

22 the training and administration of the Air National Guard, 

23 including repair of facilities, maintenance, operation, and 

24 modification of aircraft; transportation of things, hire of 

25 passenger motor vehicles; supplies, materials, and equip-
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1 ment, as authorized by law for the Air National Guard; 

2 and expenses incident to the maintenance and use of sup3 plies, materials, and equipment, including such as may be 

4 furnished from stocks under the control of agencies of the 

5 Department of Defense; travel expenses (other than mileage) 

6 on the same basis as authorized by law for Air National 

7 Guard personnel on active Federal duty, for Air National 

8 Guard commanders while inspecting units in compliance 

9 with National Guard Bureau regulations when specifically 

10 authorized by the Chief, National Guard Bureau, 

11 $4,454,238,000. 

12 OVERSEAS CONTINGENCY OPERATIONS TRANSFER

13 ACCOUNT

14 (INCLUDING TRANSFER OF FUNDS)

15 For expenses directly relating to Overseas Contingency 

16 Operations by United States military forces, $30,000,000, 

17 to remain available until expended: Provided, That the Sec18 retary of Defense may transfer these funds only to military 

19 personnel accounts; operation and maintenance accounts 

20 within this title; the Defense Health Program appropria21 tion; procurement accounts; research, development, test and 

22 evaluation accounts; and to working capital funds: Pro23 vided further, That the funds transferred shall be merged 

24 with and shall be available for the same purposes and for 

25 the same time period, as the appropriation to which trans-
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1 ferred: Provided further, That upon a determination that 

2 all or part of the funds transferred from this appropriation 

3 are not necessary for the purposes provided herein, such 

4 amounts may be transferred back to this appropriation: 

5 Provided further, That the transfer authority provided in 

6 this paragraph is in addition to any other transfer author7 ity contained elsewhere in this Act. 

8 UNITED STATES COURTOF APPEALS FOR THE ARMED

9 FORCES

10 For salaries and expenses necessary for the United 

11 States Court of Appeals for the Armed Forces, $10,825,000: 

12 Provided, That not more than $5,000 may be used for emer13 gency and extraordinary expenses authorized under section 

14 127 of title 10, United States Code. 

15 ENVIRONMENTAL RESTORATION, ARMY

16 (INCLUDING TRANSFER OF FUNDS)

17 For the Department of the Army, $566,948,000, to re18 main available until transferred: Provided, That the Sec19 retary of the Army shall, upon determining that such funds 

20 are required for environmental restoration, reduction and 

21 recycling of hazardous waste, removal of unsafe buildings 

22 and debris of the Department of the Army, or for similar 

23 purposes, transfer the funds made available by this appro24 priation to other appropriations made available to the De25 partment of the Army, to be merged with and to be available 
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1 for the same purposes and for the same time period as the 

2 appropriations to which transferred: Provided further, That 

3 upon a determination that all or part of the funds trans4 ferred from this appropriation are not necessary for the 

5 purposes provided herein, such amounts may be transferred 

6 back to this appropriation. 

7 ENVIRONMENTAL RESTORATION, NAVY

8 (INCLUDING TRANSFER OF FUNDS)

9 For the Department of the Navy, $447,820,000, to re10 main available until transferred: Provided, That the Sec11 retary of the Navy shall, upon determining that such funds 

12 are required for environmental restoration, reduction and 

13 recycling of hazardous waste, removal of unsafe buildings 

14 and debris of the Department of the Navy, or for similar 

15 purposes, transfer the funds made available by this appro16 priation to other appropriations made available to the De17 partment of the Navy, to be merged with and to be available 

18 for the same purposes and for the same time period as the 

19 appropriations to which transferred: Provided further, That 

20 upon a determination that all or part of the funds trans21 ferred from this appropriation are not necessary for the 

22 purposes provided herein, such amounts may be transferred 

23 back to this appropriation. 
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1 ENVIRONMENTAL RESTORATION, AIR FORCE

2 (INCLUDING TRANSFER OF FUNDS)

3 For the Department of the Air Force, $397,368,000, 

4 to remain available until transferred: Provided, That the 

5 Secretary of the Air Force shall, upon determining that 

6 such funds are required for environmental restoration, re7 duction and recycling of hazardous waste, removal of unsafe 

8 buildings and debris of the Department of the Air Force, 

9 or for similar purposes, transfer the funds made available 

10 by this appropriation to other appropriations made avail11 able to the Department of the Air Force, to be merged with 

12 and to be available for the same purposes and for the same 

13 time period as the appropriations to which transferred: 

14 Provided further, That upon a determination that all or 

15 part of the funds transferred from this appropriation are 

16 not necessary for the purposes provided herein, such 

17 amounts may be transferred back to this appropriation. 

18 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

19 (INCLUDING TRANSFER OF FUNDS)

20 For the Department of Defense, $23,684,000, to remain 

21 available until transferred: Provided, That the Secretary of 

22 Defense shall, upon determining that such funds are re23 quired for environmental restoration, reduction and recy24 cling of hazardous waste, removal of unsafe buildings and 

25 debris of the Department of Defense, or for similar purposes, 
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1 transfer the funds made available by this appropriation to 

2 other appropriations made available to the Department of 

3 Defense, to be merged with and to be available for the same 

4 purposes and for the same time period as the appropria5 tions to which transferred: Provided further, That upon a 

6 determination that all or part of the funds transferred from 

7 this appropriation are not necessary for the purposes pro8 vided herein, such amounts may be transferred back to this 

9 appropriation. 

10 ENVIRONMENTAL RESTORATION, FORMERLY USED

11 DEFENSE SITES

12 (INCLUDING TRANSFER OF FUNDS)

13 For the Department of the Army, $276,516,000, to re14 main available until transferred: Provided, That the Sec15 retary of the Army shall, upon determining that such funds 

16 are required for environmental restoration, reduction and 

17 recycling of hazardous waste, removal of unsafe buildings 

18 and debris at sites formerly used by the Department of De19 fense, transfer the funds made available by this appropria20 tion to other appropriations made available to the Depart21 ment of the Army, to be merged with and to be available 

22 for the same purposes and for the same time period as the 

23 appropriations to which transferred: Provided further, That 

24 upon a determination that all or part of the funds trans25 ferred from this appropriation are not necessary for the 
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1 purposes provided herein, such amounts may be transferred 

2 back to this appropriation. 

3 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

4 For expenses relating to the Overseas Humanitarian, 

5 Disaster, and Civic Aid programs of the Department of De6 fense (consisting of the programs provided under sections 

7 401, 402, 404, 2557, and 2561 of title 10, United States 

8 Code), $59,000,000, to remain available until September 

9 30, 2006. 

10 FORMER SOVIET UNION THREAT REDUCTION

11 For assistance to the republics of the former Soviet 

12 Union, including assistance provided by contract or by 

13 grants, for facilitating the elimination and the safe and se14 cure transportation and storage of nuclear, chemical and 

15 other weapons; for establishing programs to prevent the pro16 liferation of weapons, weapons components, and weapon17 related technology and expertise; for programs relating to 

18 the training and support of defense and military personnel 

19 for demilitarization and protection of weapons, weapons 

20 components and weapons technology and expertise, and for 

21 defense and military contacts, $409,200,000, to remain 

22 available until September 30, 2007: Provided, That of the 

23 amounts provided under this heading, $15,000,000 shall be 

24 available only to support the dismantling and disposal of 

25 nuclear submarines, submarine reactor components, and se-
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1 curity enhancements for transport and storage of nuclear 

2 warheads in the Russian Far East. 

3 TITLE III 

4 PROCUREMENT 

5 AIRCRAFT PROCUREMENT, ARMY

6 For construction, procurement, production, modifica7 tion, and modernization of aircraft, equipment, including 

8 ordnance, ground handling equipment, spare parts, and ac9 cessories therefor; specialized equipment and training de10 vices; expansion of public and private plants, including the 

11 land necessary therefor, for the foregoing purposes, and such 

12 lands and interests therein, may be acquired, and construc13 tion prosecuted thereon prior to approval of title; and pro14 curement and installation of equipment, appliances, and 

15 machine tools in public and private plants; reserve plant 

16 and Government and contractor-owned equipment layaway; 

17 and other expenses necessary for the foregoing purposes, 

18 $2,653,241,000, to remain available for obligation until 

19 September 30, 2007. 

20 MISSILE PROCUREMENT, ARMY

21 For construction, procurement, production, modifica22 tion, and modernization of missiles, equipment, including 

23 ordnance, ground handling equipment, spare parts, and ac24 cessories therefor; specialized equipment and training de25 vices; expansion of public and private plants, including the 
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1 land necessary therefor, for the foregoing purposes, and such 

2 lands and interests therein, may be acquired, and construc3 tion prosecuted thereon prior to approval of title; and pro4 curement and installation of equipment, appliances, and 

5 machine tools in public and private plants; reserve plant 

6 and Government and contractor-owned equipment layaway; 

7 and other expenses necessary for the foregoing purposes, 

8 $1,378,321,000, to remain available for obligation until 

9 September 30, 2007. 

10 PROCUREMENTOF WEAPONS AND TRACKED COMBAT

11 VEHICLES, ARMY

12 For construction, procurement, production, and modi13 fication of weapons and tracked combat vehicles, equipment, 

14 including ordnance, spare parts, and accessories therefor; 

15 specialized equipment and training devices; expansion of 

16 public and private plants, including the land necessary 

17 therefor, for the foregoing purposes, and such lands and in18 terests therein, may be acquired, and construction pros19 ecuted thereon prior to approval of title; and procurement 

20 and installation of equipment, appliances, and machine 

21 tools in public and private plants; reserve plant and Gov22 ernment and contractor-owned equipment layaway; and 

23 other expenses necessary for the foregoing purposes, 

24 $1,698,695,000, to remain available for obligation until 

25 September 30, 2007. 
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1 PROCUREMENTOF AMMUNITION, ARMY

2 For construction, procurement, production, and modi3 fication of ammunition, and accessories therefor; specialized 

4 equipment and training devices; expansion of public and 

5 private plants, including ammunition facilities authorized 

6 by section 2854 of title 10, United States Code, and the 

7 land necessary therefor, for the foregoing purposes, and such 

8 lands and interests therein, may be acquired, and construc9 tion prosecuted thereon prior to approval of title; and pro10 curement and installation of equipment, appliances, and 

11 machine tools in public and private plants; reserve plant 

12 and Government and contractor-owned equipment layaway; 

13 and other expenses necessary for the foregoing purposes, 

14 $1,606,502,000, to remain available for obligation until 

15 September 30, 2007. 

16 OTHER PROCUREMENT, ARMY

17 For construction, procurement, production, and modi18 fication of vehicles, including tactical, support, and non19 tracked combat vehicles; the purchase of passenger motor ve20 hicles for replacement only; and the purchase of 1 vehicle 

21 required for physical security of personnel, notwithstanding 

22 price limitations applicable to passenger vehicles but not 

23 to exceed $200,000 per vehicle; communications and elec24 tronic equipment; other support equipment; spare parts, 

25 ordnance, and accessories therefor; specialized equipment 
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1 and training devices; expansion of public and private 

2 plants, including the land necessary therefor, for the fore3 going purposes, and such lands and interests therein, may 

4 be acquired, and construction prosecuted thereon prior to 

5 approval of title; and procurement and installation of 

6 equipment, appliances, and machine tools in public and 

7 private plants; reserve plant and Government and con8 tractor-owned equipment layaway; and other expenses nec9 essary for the foregoing purposes, $4,685,846,000, to remain 

10 available for obligation until September 30, 2007. 

11 AIRCRAFT PROCUREMENT, NAVY

12 For construction, procurement, production, modifica13 tion, and modernization of aircraft, equipment, including 

14 ordnance, spare parts, and accessories therefor; specialized 

15 equipment; expansion of public and private plants, includ16 ing the land necessary therefor, and such lands and inter17 ests therein, may be acquired, and construction prosecuted 

18 thereon prior to approval of title; and procurement and in19 stallation of equipment, appliances, and machine tools in 

20 public and private plants; reserve plant and Government 

21 and contractor-owned equipment layaway, $8,899,367,000, 

22 to remain available for obligation until September 30, 

23 2007. 
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1 WEAPONS PROCUREMENT, NAVY

2 For construction, procurement, production, modifica3 tion, and modernization of missiles, torpedoes, other weap4 ons, and related support equipment including spare parts, 

5 and accessories therefor; expansion of public and private 

6 plants, including the land necessary therefor, and such 

7 lands and interests therein, may be acquired, and construc8 tion prosecuted thereon prior to approval of title; and pro9 curement and installation of equipment, appliances, and 

10 machine tools in public and private plants; reserve plant 

11 and Government and contractor-owned equipment layaway, 

12 $2,222,620,000, to remain available for obligation until 

13 September 30, 2007. 

14 PROCUREMENTOF AMMUNITION, NAVY AND MARINE

15 CORPS

16 For construction, procurement, production, and modi17 fication of ammunition, and accessories therefor; specialized 

18 equipment and training devices; expansion of public and 

19 private plants, including ammunition facilities authorized 

20 by section 2854 of title 10, United States Code, and the 

21 land necessary therefor, for the foregoing purposes, and such 

22 lands and interests therein, may be acquired, and construc23 tion prosecuted thereon prior to approval of title; and pro24 curement and installation of equipment, appliances, and 

25 machine tools in public and private plants; reserve plant 
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1 and Government and contractor-owned equipment layaway; 

2 and other expenses necessary for the foregoing purposes, 

3 $881,140,000, to remain available for obligation until Sep4 tember 30, 2007. 

5 SHIPBUILDING AND CONVERSION, NAVY

6 For expenses necessary for the construction, acquisi7 tion, or conversion of vessels as authorized by law, includ8 ing armor and armament thereof, plant equipment, appli9 ances, and machine tools and installation thereof in public 

10 and private plants; reserve plant and Government and con11 tractor-owned equipment layaway; procurement of critical, 

12 long leadtime components and designs for vessels to be con13 structed or converted in the future; and expansion of public 

14 and private plants, including land necessary therefor, and 

15 such lands and interests therein, may be acquired, and con16 struction prosecuted thereon prior to approval of title, as 

17 follows: 

18 Carrier Replacement Program (AP), 

19 $485,184,000; 

20 NSSN, $1,581,143,000; 

21 NSSN (AP), $871,864,000; 

22 SSGN, $469,226,000; 

23 SSGN (AP), $48,000,000; 

24 CVN Refuelings (AP), $223,061,000; 

25 SSN Submarine Refuelings (AP), $19,368,000; 
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1 SSBN Submarine Refuelings, $262,229,000; 

2 SSBN Submarine Refuelings (AP), $72,171,000; 

3 DDG–51 Destroyer, $3,444,950,000; 

4 DD(X) (AP), $320,516,000; 

5 LPD–17, $966,559,000; 

6 LHD–8, $236,018,000; 

7 LHA–R (AP), $175,000,000; 

8 LCU (X), $25,048,000; 

9 LCAC Landing Craft Air Cushion, $90,490,000; 

10 Prior year shipbuilding costs, $484,390,000; 

11 Service Craft, $32,099,000; and 

12 For outfitting, post delivery, conversions, and 

13 first destination transportation, $349,327,000. 

14 In all: $10,171,643,000, to remain available for obliga15 tion until September 30, 2009: Provided, That additional 

16 obligations may be incurred after September 30, 2009, for 

17 engineering services, tests, evaluations, and other such budg18 eted work that must be performed in the final stage of ship 

19 construction: Provided further, That none of the funds pro20 vided under this heading for the construction or conversion 

21 of any naval vessel to be constructed in shipyards in the 

22 United States shall be expended in foreign facilities for the 

23 construction of major components of such vessel: Provided 

24 further, That none of the funds provided under this heading 
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1 shall be used for the construction of any naval vessel in 

2 foreign shipyards. 

3 OTHER PROCUREMENT, NAVY

4 For procurement, production, and modernization of 

5 support equipment and materials not otherwise provided 

6 for, Navy ordnance (except ordnance for new aircraft, new 

7 ships, and ships authorized for conversion); the purchase 

8 of passenger motor vehicles for replacement only, and the 

9 purchase of 9 vehicles required for physical security of per10 sonnel, notwithstanding price limitations applicable to pas11 senger vehicles but not to exceed $200,000 per vehicle; ex12 pansion of public and private plants, including the land 

13 necessary therefor, and such lands and interests therein, 

14 may be acquired, and construction prosecuted thereon prior 

15 to approval of title; and procurement and installation of 

16 equipment, appliances, and machine tools in public and 

17 private plants; reserve plant and Government and con18 tractor-owned equipment layaway, $4,797,025,000, to re19 main available for obligation until September 30, 2007. 

20 PROCUREMENT, MARINE CORPS

21 For expenses necessary for the procurement, manufac22 ture, and modification of missiles, armament, military 

23 equipment, spare parts, and accessories therefor; plant 

24 equipment, appliances, and machine tools, and installation 

25 thereof in public and private plants; reserve plant and Gov-
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1 ernment and contractor-owned equipment layaway; vehicles 

2 for the Marine Corps, including the purchase of passenger 

3 motor vehicles for replacement only; and expansion of pub4 lic and private plants, including land necessary therefor, 

5 and such lands and interests therein, may be acquired, and 

6 construction prosecuted thereon prior to approval of title, 

7 $1,266,803,000, to remain available for obligation until 

8 September 30, 2007. 

9 AIRCRAFT PROCUREMENT, AIR FORCE

10 For construction, procurement, and modification of 

11 aircraft and equipment, including armor and armament, 

12 specialized ground handling equipment, and training de13 vices, spare parts, and accessories therefor; specialized 

14 equipment; expansion of public and private plants, Govern15 ment-owned equipment and installation thereof in such 

16 plants, erection of structures, and acquisition of land, for 

17 the foregoing purposes, and such lands and interests therein, 

18 may be acquired, and construction prosecuted thereon prior 

19 to approval of title; reserve plant and Government and con20 tractor-owned equipment layaway; and other expenses nec21 essary for the foregoing purposes including rents and trans22 portation of things, $13,547,524,000, to remain available 

23 for obligation until September 30, 2007. 
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1 MISSILE PROCUREMENT, AIR FORCE

2 For construction, procurement, and modification of 

3 missiles, spacecraft, rockets, and related equipment, includ4 ing spare parts and accessories therefor, ground handling 

5 equipment, and training devices; expansion of public and 

6 private plants, Government-owned equipment and installa7 tion thereof in such plants, erection of structures, and ac8 quisition of land, for the foregoing purposes, and such lands 

9 and interests therein, may be acquired, and construction 

10 prosecuted thereon prior to approval of title; reserve plant 

11 and Government and contractor-owned equipment layaway; 

12 and other expenses necessary for the foregoing purposes in13 cluding rents and transportation of things, $4,609,213,000, 

14 to remain available for obligation until September 30, 

15 2007. 

16 PROCUREMENTOF AMMUNITION, AIR FORCE

17 For construction, procurement, production, and modi18 fication of ammunition, and accessories therefor; specialized 

19 equipment and training devices; expansion of public and 

20 private plants, including ammunition facilities authorized 

21 by section 2854 of title 10, United States Code, and the 

22 land necessary therefor, for the foregoing purposes, and such 

23 lands and interests therein, may be acquired, and construc24 tion prosecuted thereon prior to approval of title; and pro25 curement and installation of equipment, appliances, and 
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1 machine tools in public and private plants; reserve plant 

2 and Government and contractor-owned equipment layaway; 

3 and other expenses necessary for the foregoing purposes, 

4 $1,353,859,000, to remain available for obligation until 

5 September 30, 2007. 

6 OTHER PROCUREMENT, AIR FORCE

7 For procurement and modification of equipment (in8 cluding ground guidance and electronic control equipment, 

9 and ground electronic and communication equipment), and 

10 supplies, materials, and spare parts therefor, not otherwise 

11 provided for; the purchase of passenger motor vehicles for 

12 replacement only, and the purchase of 1 vehicle required 

13 for physical security of personnel, notwithstanding price 

14 limitations applicable to passenger vehicles but not to ex15 ceed $200,000 per vehicle; lease of passenger motor vehicles; 

16 and expansion of public and private plants, Government17 owned equipment and installation thereof in such plants, 

18 erection of structures, and acquisition of land, for the fore19 going purposes, and such lands and interests therein, may 

20 be acquired, and construction prosecuted thereon, prior to 

21 approval of title; reserve plant and Government and con22 tractor-owned equipment layaway, $13,284,897,000, to re23 main available for obligation until September 30, 2007. 
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1 PROCUREMENT, DEFENSE-WIDE

2 For expenses of activities and agencies of the Depart3 ment of Defense (other than the military departments) nec4 essary for procurement, production, and modification of 

5 equipment, supplies, materials, and spare parts therefor, 

6 not otherwise provided for; the purchase of passenger motor 

7 vehicles for replacement only; expansion of public and pri8 vate plants, equipment, and installation thereof in such 

9 plants, erection of structures, and acquisition of land for 

10 the foregoing purposes, and such lands and interests therein, 

11 may be acquired, and construction prosecuted thereon prior 

12 to approval of title; reserve plant and Government and con13 tractor-owned equipment layaway, $2,867,303,000, to re14 main available for obligation until September 30, 2007. 

15 NATIONAL GUARD AND RESERVE EQUIPMENT

16 For procurement of aircraft, missiles, tracked combat 

17 vehicles, ammunition, other weapons, and other procure18 ment for the reserve components of the Armed Forces, 

19 $500,000,000, to remain available for obligation until Sep20 tember 30, 2007: Provided, That the Chiefs of the Reserve 

21 and National Guard components shall, not later than 30 

22 days after the enactment of this Act, individually submit 

23 to the congressional defense committees the modernization 

24 priority assessment for their respective Reserve or National 

25 Guard component. 
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1 DEFENSE PRODUCTION ACT PURCHASES

2 For activities by the Department of Defense pursuant 

3 to sections 108, 301, 302, and 303 of the Defense Production 

4 Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), 

5 $42,515,000, to remain available until expended. 

6 TITLE IV 

7 RESEARCH, DEVELOPMENT, TEST AND 

8 EVALUATION 

9 RESEARCH, DEVELOPMENT, TESTAND EVALUATION, ARMY

10 For expenses necessary for basic and applied scientific 

11 research, development, test and evaluation, including main12 tenance, rehabilitation, lease, and operation of facilities 

13 and equipment, $10,308,804,000, to remain available for 

14 obligation until September 30, 2006. 

15 RESEARCH, DEVELOPMENT, TESTAND EVALUATION, NAVY

16 For expenses necessary for basic and applied scientific 

17 research, development, test and evaluation, including main18 tenance, rehabilitation, lease, and operation of facilities 

19 and equipment, $16,748,035,000, to remain available for 

20 obligation until September 30, 2006: Provided, That funds 

21 appropriated in this paragraph which are available for the 

22 V–22 may be used to meet unique operational requirements 

23 of the Special Operations Forces: Provided further, That 

24 funds appropriated in this paragraph shall be available for 

25 the Cobra Judy program. 
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1 RESEARCH, DEVELOPMENT, TESTAND EVALUATION, AIR

2 FORCE

3 For expenses necessary for basic and applied scientific 

4 research, development, test and evaluation, including main5 tenance, rehabilitation, lease, and operation of facilities 

6 and equipment, $21,002,308,000, to remain available for 

7 obligation until September 30, 2006. 

8 RESEARCH, DEVELOPMENT, TESTAND EVALUATION, 

9 DEFENSE-WIDE

10 For expenses of activities and agencies of the Depart11 ment of Defense (other than the military departments), nec12 essary for basic and applied scientific research, develop13 ment, test and evaluation; advanced research projects as 

14 may be designated and determined by the Secretary of De15 fense, pursuant to law; maintenance, rehabilitation, lease, 

16 and operation of facilities and equipment, $20,404,563,000, 

17 to remain available for obligation until September 30, 

18 2006. 

19 OPERATIONAL TESTAND EVALUATION, DEFENSE

20 For expenses, not otherwise provided for, necessary for 

21 the independent activities of the Director, Operational Test 

22 and Evaluation, in the direction and supervision of oper23 ational test and evaluation, including initial operational 

24 test and evaluation which is conducted prior to, and in sup25 port of, production decisions; joint operational testing and 
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1 evaluation; and administrative expenses in connection 

2 therewith, $305,135,000, to remain available for obligation 

3 until September 30, 2006. 

4 TITLE V 

5 REVOLVING AND MANAGEMENT FUNDS 

6 DEFENSE WORKING CAPITAL FUNDS

7 For the Defense Working Capital Funds, 

8 $1,685,886,000. 

9 NATIONAL DEFENSE SEALIFT FUND

10 For National Defense Sealift Fund programs, projects, 

11 and activities, and for expenses of the National Defense Re12 serve Fleet, as established by section 11 of the Merchant 

13 Ship Sales Act of 1946 (50 U.S.C. App. 1744), and for the 

14 necessary expenses to maintain and preserve a U.S.-flag 

15 merchant fleet to serve the national security needs of the 

16 United States, $441,936,000, to remain available until ex17 pended: Provided, That none of the funds provided in this 

18 paragraph shall be used to award a new contract that pro19 vides for the acquisition of any of the following major com20 ponents unless such components are manufactured in the 

21 United States: auxiliary equipment, including pumps, for 

22 all shipboard services; propulsion system components (that 

23 is; engines, reduction gears, and propellers); shipboard 

24 cranes; and spreaders for shipboard cranes: Provided fur25 ther, That the exercise of an option in a contract awarded 
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1 through the obligation of previously appropriated funds 

2 shall not be considered to be the award of a new contract: 

3 Provided further, That the Secretary of the military depart4 ment responsible for such procurement may waive the re5 strictions in the first proviso on a case-by-case basis by cer6 tifying in writing to the Committees on Appropriations of 

7 the House of Representatives and the Senate that adequate 

8 domestic supplies are not available to meet Department of 

9 Defense requirements on a timely basis and that such an 

10 acquisition must be made in order to acquire capability for 

11 national security purposes. 

12 TITLE VI 

13 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

14 DEFENSE HEALTH PROGRAM

15 For expenses, not otherwise provided for, for medical 

16 and health care programs of the Department of Defense, as 

17 authorized by law, $18,064,811,000, of which 

18 $17,299,369,000 shall be for Operation and maintenance, 

19 of which not to exceed 2 percent shall remain available until 

20 September 30, 2006, and of which up to $8,953,494,000 

21 may be available for contracts entered into under the 

22 TRICARE program; of which $366,235,000, to remain 

23 available for obligation until September 30, 2007, shall be 

24 for Procurement; and of which $399,207,000, to remain 
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1 available for obligation until September 30, 2006, shall be 

2 for Research, development, test and evaluation. 

3 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, ARMY

4 For expenses, not otherwise provided for, necessary for 

5 the destruction of the United States stockpile of lethal chem6 ical agents and munitions in accordance with the provi7 sions of section 1412 of the Department of Defense Author8 ization Act, 1986 (50 U.S.C. 1521), and for the destruction 

9 of other chemical warfare materials that are not in the 

10 chemical weapon stockpile, $1,373,990,000, of which 

11 $1,088,801,000 shall be for Operation and maintenance; 

12 $78,980,000 shall be for Procurement to remain available 

13 until September 30, 2007; $206,209,000 shall be for Re14 search, development, test and evaluation to remain avail15 able until September 30, 2006; and no less than 

16 $137,404,000 may be for the Chemical Stockpile Emergency 

17 Preparedness Program, of which $44,631,000 shall be for 

18 activities on military installations and $92,773,000 shall 

19 be to assist State and local governments. 

20 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

21 DEFENSE

22 (INCLUDING TRANSFER OF FUNDS)

23 For drug interdiction and counter-drug activities of 

24 the Department of Defense, for transfer to appropriations 

25 available to the Department of Defense for military per-
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1 sonnel of the reserve components serving under the provi2 sions of title 10 and title 32, United States Code; for Oper3 ation and maintenance; for Procurement; and for Research, 

4 development, test and evaluation, $908,797,000: Provided, 

5 That the funds appropriated under this heading shall be 

6 available for obligation for the same time period and for 

7 the same purpose as the appropriation to which transferred: 

8 Provided further, That upon a determination that all or 

9 part of the funds transferred from this appropriation are 

10 not necessary for the purposes provided herein, such 

11 amounts may be transferred back to this appropriation: 

12 Provided further, That the transfer authority provided 

13 under this heading is in addition to any other transfer au14 thority contained elsewhere in this Act. 

15 OFFICE OF THE INSPECTOR GENERAL

16 For expenses and activities of the Office of the Inspec17 tor General in carrying out the provisions of the Inspector 

18 General Act of 1978, as amended, $244,562,000, of which 

19 $242,362,000 shall be for Operation and maintenance, of 

20 which not more than $700,000 may be used for emergency 

21 and extraordinary expenses authorized under section 127 

22 of title 10, United States Code; and of which $2,100,000, 

23 to remain available until September 30, 2007, shall be for 

24 Procurement; and of which $100,000, to remain available 
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1 until September 30, 2006, shall be for Research, develop2 ment, test and evaluation. 

3 TITLE VII 

4 RELATED AGENCIES 

5 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

6 DISABILITY SYSTEM FUND

7 For payment to the Central Intelligence Agency Retire8 ment and Disability System Fund, to maintain the proper 

9 funding level for continuing the operation of the Central 

10 Intelligence Agency Retirement and Disability System, 

11 $239,400,000. 

12 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

13 (INCLUDING TRANSFER OF FUNDS)

14 For necessary expenses of the Intelligence Community 

15 Management Account, $319,355,000, of which $26,953,000 

16 for the Advanced Research and Development Committee 

17 shall remain available until September 30, 2006: Provided, 

18 That of the funds appropriated under this heading, 

19 $34,911,000 shall be transferred to the Department of Jus20 tice for the National Drug Intelligence Center to support 

21 the Department of Defense’s counter-drug intelligence re22 sponsibilities, and of the said amount, $1,500,000 for Pro23 curement shall remain available until September 30, 2007 

24 and $1,000,000 for Research, development, test and evalua25 tion shall remain available until September 30, 2006: Pro-
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1 vided further, That the National Drug Intelligence Center 

2 shall maintain the personnel and technical resources to pro3 vide timely support to law enforcement authorities and the 

4 intelligence community by conducting document and com5 puter exploitation of materials collected in Federal, State, 

6 and local law enforcement activity associated with counter7 drug, counter-terrorism, and national security investiga8 tions and operations. 

9 NATIONAL SECURITY EDUCATION TRUST FUND

10 For the purposes of title VIII of Public Law 102–183, 

11 $8,000,000, to be derived from the National Security Edu12 cation Trust Fund, to remain available until expended. 

13 TITLE VIII 

14 GENERAL PROVISIONS 

15 SEC. 8001. No part of any appropriation contained 

16 in this Act shall be used for publicity or propaganda pur17 poses not authorized by the Congress. 

18 SEC. 8002. During the current fiscal year, provisions 

19 of law prohibiting the payment of compensation to, or em20 ployment of, any person not a citizen of the United States 

21 shall not apply to personnel of the Department of Defense: 

22 Provided, That salary increases granted to direct and indi23 rect hire foreign national employees of the Department of 

24 Defense funded by this Act shall not be at a rate in excess 

25 of the percentage increase authorized by law for civilian 
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1 employees of the Department of Defense whose pay is com2 puted under the provisions of section 5332 of title 5, United 

3 States Code, or at a rate in excess of the percentage increase 

4 provided by the appropriate host nation to its own employ5 ees, whichever is higher: Provided further, That this section 

6 shall not apply to Department of Defense foreign service 

7 national employees serving at United States diplomatic 

8 missions whose pay is set by the Department of State under 

9 the Foreign Service Act of 1980: Provided further, That the 

10 limitations of this provision shall not apply to foreign na11 tional employees of the Department of Defense in the Re12 public of Turkey. 

13 SEC. 8003. No part of any appropriation contained 

14 in this Act shall remain available for obligation beyond the 

15 current fiscal year, unless expressly so provided herein. 

16 SEC. 8004. No more than 20 percent of the appropria17 tions in this Act which are limited for obligation during 

18 the current fiscal year shall be obligated during the last 2 

19 months of the fiscal year: Provided, That this section shall 

20 not apply to obligations for support of active duty training 

21 of reserve components or summer camp training of the Re22 serve Officers’ Training Corps. 

23 (TRANSFER OF FUNDS)

24 SEC. 8005. Upon determination by the Secretary of 

25 Defense that such action is necessary in the national inter26 est, he may, with the approval of the Office of Management 
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1 and Budget, transfer not to exceed $4,000,000,000 of work2 ing capital funds of the Department of Defense or funds 

3 made available in this Act to the Department of Defense 

4 for military functions (except military construction) be5 tween such appropriations or funds or any subdivision 

6 thereof, to be merged with and to be available for the same 

7 purposes, and for the same time period, as the appropria8 tion or fund to which transferred: Provided, That such au9 thority to transfer may not be used unless for higher pri10 ority items, based on unforeseen military requirements, 

11 than those for which originally appropriated and in no case 

12 where the item for which funds are requested has been de13 nied by the Congress: Provided further, That the Secretary 

14 of Defense shall notify the Congress promptly of all transfers 

15 made pursuant to this authority or any other authority in 

16 this Act: Provided further, That no part of the funds in 

17 this Act shall be available to prepare or present a request 

18 to the Committees on Appropriations for reprogramming 

19 of funds, unless for higher priority items, based on unfore20 seen military requirements, than those for which originally 

21 appropriated and in no case where the item for which re22 programming is requested has been denied by the Congress: 

23 Provided further, That a request for multiple 

24 reprogrammings of funds using authority provided in this 

25 section must be made prior to June 30, 2005. 
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1 (TRANSFER OF FUNDS)

2 SEC. 8006. During the current fiscal year, cash bal3 ances in working capital funds of the Department of De4 fense established pursuant to section 2208 of title 10, United 

5 States Code, may be maintained in only such amounts as 

6 are necessary at any time for cash disbursements to be made 

7 from such funds: Provided, That transfers may be made be8 tween such funds: Provided further, That transfers may be 

9 made between working capital funds and the ‘‘Foreign Cur10 rency Fluctuations, Defense’’ appropriation and the ‘‘Oper11 ation and Maintenance’’ appropriation accounts in such 

12 amounts as may be determined by the Secretary of Defense, 

13 with the approval of the Office of Management and Budget, 

14 except that such transfers may not be made unless the Sec15 retary of Defense has notified the Congress of the proposed 

16 transfer. Except in amounts equal to the amounts appro17 priated to working capital funds in this Act, no obligations 

18 may be made against a working capital fund to procure 

19 or increase the value of war reserve material inventory, un20 less the Secretary of Defense has notified the Congress prior 

21 to any such obligation. 

22 SEC. 8007. Funds appropriated by this Act may not 

23 be used to initiate a special access program without prior 

24 notification 30 calendar days in session in advance to the 

25 congressional defense committees. 
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1 SEC. 8008. None of the funds provided in this Act shall 

2 be available to initiate: (1) a multiyear contract that em3 ploys economic order quantity procurement in excess of 

4 $20,000,000 in any 1 year of the contract or that includes 

5 an unfunded contingent liability in excess of $20,000,000; 

6 or (2) a contract for advance procurement leading to a 

7 multiyear contract that employs economic order quantity 

8 procurement in excess of $20,000,000 in any 1 year, unless 

9 the congressional defense committees have been notified at 

10 least 30 days in advance of the proposed contract award: 

11 Provided, That no part of any appropriation contained in 

12 this Act shall be available to initiate a multiyear contract 

13 for which the economic order quantity advance procurement 

14 is not funded at least to the limits of the Government’s li15 ability: Provided further, That no part of any appropria16 tion contained in this Act shall be available to initiate 

17 multiyear procurement contracts for any systems or compo18 nent thereof if the value of the multiyear contract would 

19 exceed $500,000,000 unless specifically provided in this Act: 

20 Provided further, That no multiyear procurement contract 

21 can be terminated without 10-day prior notification to the 

22 congressional defense committees: Provided further, That the 

23 execution of multiyear authority shall require the use of a 

24 present value analysis to determine lowest cost compared 

25 to an annual procurement. 
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1 Funds appropriated in title III of this Act may be 

2 used for multiyear procurement contracts as follows: 

3 155 mm Lightweight Towed Howitzer. 

4 SEC. 8009. Within the funds appropriated for the oper5 ation and maintenance of the Armed Forces, funds are here6 by appropriated pursuant to section 401 of title 10, United 

7 States Code, for humanitarian and civic assistance costs 

8 under chapter 20 of title 10, United States Code. Such funds 

9 may also be obligated for humanitarian and civic assist10 ance costs incidental to authorized operations and pursuant 

11 to authority granted in section 401 of chapter 20 of title 

12 10, United States Code, and these obligations shall be re13 ported as required by section 401(d) of title 10, United 

14 States Code: Provided, That funds available for operation 

15 and maintenance shall be available for providing humani16 tarian and similar assistance by using Civic Action Teams 

17 in the Trust Territories of the Pacific Islands and freely 

18 associated states of Micronesia, pursuant to the Compact 

19 of Free Association as authorized by Public Law 99–239: 

20 Provided further, That upon a determination by the Sec21 retary of the Army that such action is beneficial for grad22 uate medical education programs conducted at Army med23 ical facilities located in Hawaii, the Secretary of the Army 

24 may authorize the provision of medical services at such fa25 cilities and transportation to such facilities, on a non-
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1 reimbursable basis, for civilian patients from American 

2 Samoa, the Commonwealth of the Northern Mariana Is3 lands, the Marshall Islands, the Federated States of Micro4 nesia, Palau, and Guam. 

5 SEC. 8010. (a) During fiscal year 2005, the civilian 

6 personnel of the Department of Defense may not be man7 aged on the basis of any end-strength, and the management 

8 of such personnel during that fiscal year shall not be subject 

9 to any constraint or limitation (known as an end-strength) 

10 on the number of such personnel who may be employed on 

11 the last day of such fiscal year. 

12 (b) The fiscal year 2006 budget request for the Depart13 ment of Defense as well as all justification material and 

14 other documentation supporting the fiscal year 2006 De15 partment of Defense budget request shall be prepared and 

16 submitted to the Congress as if subsections (a) and (b) of 

17 this provision were effective with regard to fiscal year 2006. 

18 (c) Nothing in this section shall be construed to apply 

19 to military (civilian) technicians. 

20 SEC. 8011. None of the funds appropriated in this or 

21 any other Act may be used to initiate a new installation 

22 overseas without 30-day advance notification to the Com23 mittees on Appropriations. 

24 SEC. 8012. None of the funds made available by this 

25 Act shall be used in any way, directly or indirectly, to in-
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1 fluence congressional action on any legislation or appro2 priation matters pending before the Congress. 

3 SEC. 8013. None of the funds appropriated by this Act 

4 shall be available for the basic pay and allowances of any 

5 member of the Army participating as a full-time student 

6 and receiving benefits paid by the Secretary of Veterans Af7 fairs from the Department of Defense Education Benefits 

8 Fund when time spent as a full-time student is credited 

9 toward completion of a service commitment: Provided, That 

10 this subsection shall not apply to those members who have 

11 reenlisted with this option prior to October 1, 1987: Pro12 vided further, That this subsection applies only to active 

13 components of the Army. 

14 SEC. 8014. (a) LIMITATION ON CONVERSION TO CON15 TRACTOR PERFORMANCE.—None of the funds appropriated 

16 by this Act shall be available to convert to contractor per17 formance an activity or function of the Department of De18 fense that, on or after the date of the enactment of this Act, 

19 is performed by more than 10 Department of Defense civil20 ian employees unless—

21 (1) the conversion is based on the result of a pub22 lic-private competition that includes a most efficient 

23 and cost effective organization plan developed by such 

24 activity or function; and 
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1 (2) the Competitive Sourcing Official determines 

2 that, over all performance periods stated in the solici3 tation of offers for performance of the activity or 

4 function, the cost of performance of the activity or 

5 function by a contractor would be less costly to the 

6 Department of Defense by an amount that equals or 

7 exceeds the lesser of—

8 (A) 10 percent of the most efficient organi9 zation’s personnel-related costs for performance 

10 of that activity or function by Federal employ11 ees; or 

12 (B) $10,000,000. 

13 (b) EXCEPTIONS.—(1) The Department of Defense, 

14 without regard to subsection (a) of this section or sub15 sections (a), (b), or (c) of section 2461 of title 10, United 

16 States Code, and notwithstanding any administrative regu17 lation, requirement, or policy to the contrary shall have full 

18 authority to enter into a contract for the performance of 

19 any commercial or industrial type function of the Depart20 ment of Defense that—

21 (A) is included on the procurement list estab22 lished pursuant to section 2 of the Javits-Wagner23 O’Day Act (41 U.S.C. 47); 

24 (B) is planned to be converted to performance by 

25 a qualified nonprofit agency for the blind or by a 
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1 qualified nonprofit agency for other severely handi2 capped individuals in accordance with that Act; or 

3 (C) is planned to be converted to performance by 

4 a qualified firm under at least 51 percent ownership 

5 by an Indian tribe, as defined in section 4(e) of the 

6 Indian Self-Determination and Education Assistance 

7 Act (25 U.S.C. 450b(e)), or a Native Hawaiian Orga8 nization, as defined in section 8(a)(15) of the Small 

9 Business Act (15 U.S.C. 637(a)(15)). 

10 (2) This section shall not apply to depot contracts or 

11 contracts for depot maintenance as provided in sections 

12 2469 and 2474 of title 10, United States Code. 

13 (c) TREATMENT OF CONVERSION.—The conversion of 

14 any activity or function of the Department of Defense under 

15 the authority provided by this section shall be credited to16 ward any competitive or outsourcing goal, target, or meas17 urement that may be established by statute, regulation, or 

18 policy and is deemed to be awarded under the authority 

19 of, and in compliance with, subsection (h) of section 2304 

20 of title 10, United States Code, for the competition or 

21 outsourcing of commercial activities. 

22 (TRANSFER OF FUNDS)

23 SEC. 8015. Funds appropriated in title III of this Act 

24 for the Department of Defense Pilot Mentor-Protege Pro25 gram may be transferred to any other appropriation con26 tained in this Act solely for the purpose of implementing 
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1 a Mentor-Protege Program developmental assistance agree2 ment pursuant to section 831 of the National Defense Au3 thorization Act for Fiscal Year 1991 (Public Law 101–510; 

4 10 U.S.C. 2301 note), as amended, under the authority of 

5 this provision or any other transfer authority contained in 

6 this Act. 

7 SEC. 8016. None of the funds in this Act may be avail8 able for the purchase by the Department of Defense (and 

9 its departments and agencies) of welded shipboard anchor 

10 and mooring chain 4 inches in diameter and under unless 

11 the anchor and mooring chain are manufactured in the 

12 United States from components which are substantially 

13 manufactured in the United States: Provided, That for the 

14 purpose of this section manufactured will include cutting, 

15 heat treating, quality control, testing of chain and welding 

16 (including the forging and shot blasting process): Provided 

17 further, That for the purpose of this section substantially 

18 all of the components of anchor and mooring chain shall 

19 be considered to be produced or manufactured in the United 

20 States if the aggregate cost of the components produced or 

21 manufactured in the United States exceeds the aggregate 

22 cost of the components produced or manufactured outside 

23 the United States: Provided further, That when adequate 

24 domestic supplies are not available to meet Department of 

25 Defense requirements on a timely basis, the Secretary of the 
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1 service responsible for the procurement may waive this re2 striction on a case-by-case basis by certifying in writing 

3 to the Committees on Appropriations that such an acquisi4 tion must be made in order to acquire capability for na5 tional security purposes. 

6 SEC. 8017. None of the funds appropriated by this Act 

7 available for the Civilian Health and Medical Program of 

8 the Uniformed Services (CHAMPUS) or TRICARE shall 

9 be available for the reimbursement of any health care pro10 vider for inpatient mental health service for care received 

11 when a patient is referred to a provider of inpatient mental 

12 health care or residential treatment care by a medical or 

13 health care professional having an economic interest in the 

14 facility to which the patient is referred: Provided, That this 

15 limitation does not apply in the case of inpatient mental 

16 health services provided under the program for persons with 

17 disabilities under subsection (d) of section 1079 of title 10, 

18 United States Code, provided as partial hospital care, or 

19 provided pursuant to a waiver authorized by the Secretary 

20 of Defense because of medical or psychological circumstances 

21 of the patient that are confirmed by a health professional 

22 who is not a Federal employee after a review, pursuant to 

23 rules prescribed by the Secretary, which takes into account 

24 the appropriate level of care for the patient, the intensity 
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1 of services required by the patient, and the availability of 

2 that care. 

3 SEC. 8018. Notwithstanding any other provision of 

4 law, during the current fiscal year, the Secretary of Defense 

5 may, by executive agreement, establish with host nation 

6 governments in NATO member states a separate account 

7 into which such residual value amounts negotiated in the 

8 return of United States military installations in NATO 

9 member states may be deposited, in the currency of the host 

10 nation, in lieu of direct monetary transfers to the United 

11 States Treasury: Provided, That such credits may be uti12 lized only for the construction of facilities to support United 

13 States military forces in that host nation, or such real prop14 erty maintenance and base operating costs that are cur15 rently executed through monetary transfers to such host na16 tions: Provided further, That the Department of Defense’s 

17 budget submission for fiscal year 2006 shall identify such 

18 sums anticipated in residual value settlements, and identify 

19 such construction, real property maintenance or base oper20 ating costs that shall be funded by the host nation through 

21 such credits: Provided further, That all military construc22 tion projects to be executed from such accounts must be pre23 viously approved in a prior Act of Congress: Provided fur24 ther, That each such executive agreement with a NATO 

25 member host nation shall be reported to the congressional 
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1 defense committees, the Committee on International Rela2 tions of the House of Representatives and the Committee 

3 on Foreign Relations of the Senate 30 days prior to the 

4 conclusion and endorsement of any such agreement estab5 lished under this provision. 

6 SEC. 8019. None of the funds available to the Depart7 ment of Defense may be used to demilitarize or dispose of 

8 M–1 Carbines, M–1 Garand rifles, M–14 rifles, .22 caliber 

9 rifles, .30 caliber rifles, or M–1911 pistols. 

10 SEC. 8020. No more than $500,000 of the funds appro11 priated or made available in this Act shall be used during 

12 a single fiscal year for any single relocation of an organiza13 tion, unit, activity or function of the Department of Defense 

14 into or within the National Capital Region: Provided, That 

15 the Secretary of Defense may waive this restriction on a 

16 case-by-case basis by certifying in writing to the congres17 sional defense committees that such a relocation is required 

18 in the best interest of the Government. 

19 SEC. 8021. In addition to the funds provided elsewhere 

20 in this Act, $8,000,000 is appropriated only for incentive 

21 payments authorized by Section 504 of the Indian Financ22 ing Act of 1974 (25 U.S.C. 1544): Provided, That a prime 

23 contractor or a subcontractor at any tier that makes a sub24 contract award to any subcontractor or supplier as defined 

25 in 25 U.S.C. 1544 or a small business owned and controlled 
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1 by an individual or individuals defined under 25 U.S.C. 

2 4221(9) shall be considered a contractor for the purposes 

3 of being allowed additional compensation under section 504 

4 of the Indian Financing Act of 1974 (25 U.S.C. 1544) 

5 whenever the prime contract or subcontract amount is over 

6 $500,000 and involves the expenditure of funds appro7 priated by an Act making Appropriations for the Depart8 ment of Defense with respect to any fiscal year: Provided 

9 further, That notwithstanding 41 U.S.C. 430, this section 

10 shall be applicable to any Department of Defense acquisi11 tion of supplies or services, including any contract and any 

12 subcontract at any tier for acquisition of commercial items 

13 produced or manufactured, in whole or in part by any sub14 contractor or supplier defined in 25 U.S.C. 1544 or a small 

15 business owned and controlled by an individual or individ16 uals defined under 25 U.S.C. 4221(9): Provided further, 

17 That businesses certified as 8(a) by the Small Business Ad18 ministration pursuant to section 8(a)(15) of Public Law 

19 85–536, as amended, shall have the same status as other 

20 program participants under section 602 of Public Law 

21 100–656, 102 Stat. 3825 (Business Opportunity Develop22 ment Reform Act of 1988) for purposes of contracting with 

23 agencies of the Department of Defense. 

24 SEC. 8022. None of the funds appropriated by this Act 

25 shall be available to perform any cost study pursuant to 
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1 the provisions of OMB Circular A–76 if the study being 

2 performed exceeds a period of 24 months after initiation 

3 of such study with respect to a single function activity or 

4 30 months after initiation of such study for a multi-func5 tion activity. 

6 SEC. 8023. Funds appropriated by this Act for the 

7 American Forces Information Service shall not be used for 

8 any national or international political or psychological ac9 tivities. 

10 SEC. 8024. Notwithstanding any other provision of 

11 law or regulation, the Secretary of Defense may adjust wage 

12 rates for civilian employees hired for certain health care 

13 occupations as authorized for the Secretary of Veterans Af14 fairs by section 7455 of title 38, United States Code. 

15 SEC. 8025. In addition to the amounts appropriated 

16 or otherwise made available in this Act, $33,000,000 is 

17 hereby appropriated to the Department of Defense: Pro18 vided, That the Secretary of Defense shall make grants in 

19 the amount of $10,000,000 to the Military Aviation Mu20 seum of the Pacific; $10,000,000 to the Wings of Liberty 

21 Military Museum at Fort Campbell; $3,000,000 to the 

22 United Services Organization; $5,000,000 to the Galena 

23 IDEA Distance Learning Program; $2,000,000 to the Na24 tional Museum of Cavalry and Armor at Fort Knox; and 

25 $3,000,000 to the Wing Luke Asian Museum. 
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1 SEC. 8026. In addition to amounts provided elsewhere 

2 in this Act, $2,500,000 is hereby appropriated for ‘‘Oper3 ation and Maintenance, Air Force’’ for acquisition by the 

4 United States Air Force of Native Allotment F–14589: Pro5 vided, That in consideration of its unauthorized use and 

6 contamination of Native Allotment F–14589, consisting of 

7 159.7 acres, at Oliktok Point, Alaska, the United States Air 

8 Force shall acquire Native Allotment F–14589 by payment 

9 of $2,500,000 to the current owners of the Native Allotment. 

10 SEC. 8027. During the current fiscal year, the Depart11 ment of Defense is authorized to incur obligations of not 

12 to exceed $350,000,000 for purposes specified in section 

13 2350j(c) of title 10, United States Code, in anticipation of 

14 receipt of contributions, only from the Government of Ku15 wait, under that section: Provided, That upon receipt, such 

16 contributions from the Government of Kuwait shall be cred17 ited to the appropriations or fund which incurred such obli18 gations. 

19 (INCLUDING TRANSFER OF FUNDS)

20 SEC. 8028. (a) Of the funds made available in this 

21 Act, not less than $24,971,000 shall be available for the 

22 Civil Air Patrol Corporation, of which—

23 (1) $21,588,000 shall be available from ‘‘Oper24 ation and Maintenance, Air Force’’ to support Civil 

25 Air Patrol Corporation operation and maintenance, 
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1 readiness, counterdrug activities, and drug demand 

2 reduction activities involving youth programs; 

3 (2) $2,581,000 shall be available from ‘‘Aircraft 

4 Procurement, Air Force’’; and 

5 (3) $802,000 shall be available from ‘‘Other Pro6 curement, Air Force’’ for vehicle procurement. 

7 (b) The Secretary of the Air Force should waive reim8 bursement for any funds used by the Civil Air Patrol for 

9 counter-drug activities in support of Federal, State, and 

10 local government agencies. 

11 SEC. 8029. (a) None of the funds appropriated in this 

12 Act are available to establish a new Department of Defense 

13 (department) federally funded research and development 

14 center (FFRDC), either as a new entity, or as a separate 

15 entity administrated by an organization managing another 

16 FFRDC, or as a nonprofit membership corporation con17 sisting of a consortium of other FFRDCs and other non18 profit entities. 

19 (b) No member of a Board of Directors, Trustees, Over20 seers, Advisory Group, Special Issues Panel, Visiting Com21 mittee, or any similar entity of a defense FFRDC, and no 

22 paid consultant to any defense FFRDC, except when acting 

23 in a technical advisory capacity, may be compensated for 

24 his or her services as a member of such entity, or as a paid 

25 consultant by more than one FFRDC in a fiscal year: Pro-
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1 vided, That a member of any such entity referred to pre2 viously in this subsection shall be allowed travel expenses 

3 and per diem as authorized under the Federal Joint Travel 

4 Regulations, when engaged in the performance of member5 ship duties. 

6 (c) Notwithstanding any other provision of law, none 

7 of the funds available to the department from any source 

8 during fiscal year 2005 may be used by a defense FFRDC, 

9 through a fee or other payment mechanism, for construction 

10 of new buildings, for payment of cost sharing for projects 

11 funded by Government grants, for absorption of contract 

12 overruns, or for certain charitable contributions, not to in13 clude employee participation in community service and/or 

14 development. 

15 (d) Notwithstanding any other provision of law, of the 

16 funds available to the department during fiscal year 2005, 

17 not more than 6,321 staff years of technical effort (staff 

18 years) may be funded for defense FFRDCs: Provided, That 

19 of the specific amount referred to previously in this sub20 section, not more than 1,050 staff years may be funded for 

21 the defense studies and analysis FFRDCs. 

22 (e) The Secretary of Defense shall, with the submission 

23 of the department’s fiscal year 2006 budget request, submit 

24 a report presenting the specific amounts of staff years of 
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1 technical effort to be allocated for each defense FFRDC dur2 ing that fiscal year. 

3 (f) Notwithstanding any other provision of this Act, 

4 the total amount appropriated in this Act for FFRDCs is 

5 hereby reduced by $74,200,000. 

6 SEC. 8030. None of the funds appropriated or made 

7 available in this Act shall be used to procure carbon, alloy 

8 or armor steel plate for use in any Government-owned facil9 ity or property under the control of the Department of De10 fense which were not melted and rolled in the United States 

11 or Canada: Provided, That these procurement restrictions 

12 shall apply to any and all Federal Supply Class 9515, 

13 American Society of Testing and Materials (ASTM) or 

14 American Iron and Steel Institute (AISI) specifications of 

15 carbon, alloy or armor steel plate: Provided further, That 

16 the Secretary of the military department responsible for the 

17 procurement may waive this restriction on a case-by-case 

18 basis by certifying in writing to the Committees on Appro19 priations of the House of Representatives and the Senate 

20 that adequate domestic supplies are not available to meet 

21 Department of Defense requirements on a timely basis and 

22 that such an acquisition must be made in order to acquire 

23 capability for national security purposes: Provided further, 

24 That these restrictions shall not apply to contracts which 

25 are in being as of the date of the enactment of this Act. 
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1 SEC. 8031. For the purposes of this Act, the term ‘‘con2 gressional defense committees’’ means the Armed Services 

3 Committee of the House of Representatives, the Armed Serv4 ices Committee of the Senate, the Subcommittee on Defense 

5 of the Committee on Appropriations of the Senate, and the 

6 Subcommittee on Defense of the Committee on Appropria7 tions of the House of Representatives. 

8 SEC. 8032. During the current fiscal year, the Depart9 ment of Defense may acquire the modification, depot main10 tenance and repair of aircraft, vehicles and vessels as well 

11 as the production of components and other Defense-related 

12 articles, through competition between Department of De13 fense depot maintenance activities and private firms: Pro14 vided, That the Senior Acquisition Executive of the military 

15 department or Defense Agency concerned, with power of del16 egation, shall certify that successful bids include comparable 

17 estimates of all direct and indirect costs for both public and 

18 private bids: Provided further, That Office of Management 

19 and Budget Circular A–76 shall not apply to competitions 

20 conducted under this section. 

21 SEC. 8033. (a)(1) If the Secretary of Defense, after con22 sultation with the United States Trade Representative, de23 termines that a foreign country which is party to an agree24 ment described in paragraph (2) has violated the terms of 

25 the agreement by discriminating against certain types of 
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1 products produced in the United States that are covered by 

2 the agreement, the Secretary of Defense shall rescind the 

3 Secretary’s blanket waiver of the Buy American Act with 

4 respect to such types of products produced in that foreign 

5 country. 

6 (2) An agreement referred to in paragraph (1) is any 

7 reciprocal defense procurement memorandum of under8 standing, between the United States and a foreign country 

9 pursuant to which the Secretary of Defense has prospec10 tively waived the Buy American Act for certain products 

11 in that country. 

12 (b) The Secretary of Defense shall submit to the Con13 gress a report on the amount of Department of Defense pur14 chases from foreign entities in fiscal year 2005. Such report 

15 shall separately indicate the dollar value of items for which 

16 the Buy American Act was waived pursuant to any agree17 ment described in subsection (a)(2), the Trade Agreement 

18 Act of 1979 (19 U.S.C. 2501 et seq.), or any international 

19 agreement to which the United States is a party. 

20 (c) For purposes of this section, the term ‘‘Buy Amer21 ican Act’’ means title III of the Act entitled ‘‘An Act mak22 ing appropriations for the Treasury and Post Office De23 partments for the fiscal year ending June 30, 1934, and 

24 for other purposes’’, approved March 3, 1933 (41 U.S.C. 

25 10a et seq.). 
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1 SEC. 8034. Appropriations contained in this Act that 

2 remain available at the end of the current fiscal year as 

3 a result of energy cost savings realized by the Department 

4 of Defense shall remain available for obligation for the next 

5 fiscal year to the extent, and for the purposes, provided in 

6 section 2865 of title 10, United States Code. 

7 (INCLUDING TRANSFER OF FUNDS)

8 SEC. 8035. Amounts deposited during the current fis9 cal year to the special account established under 40 U.S.C. 

10 572(b)(5)(A) and to the special account established under 

11 10 U.S.C. 2667(d)(1) are appropriated and shall be avail12 able until transferred by the Secretary of Defense to current 

13 applicable appropriations or funds of the Department of 

14 Defense under the terms and conditions specified by 40 

15 U.S.C. 572(b)(5)(B) and 10 U.S.C. 2667(d)(1)(B), to be 

16 merged with and to be available for the same time period 

17 and the same purposes as the appropriation to which trans18 ferred. 

19 SEC. 8036. None of the funds appropriated in this Act 

20 shall be used to study, demonstrate, or implement any plans 

21 privatizing, divesting or transferring of any Civil Works 

22 missions, functions, or responsibilities for the United States 

23 Army Corps of Engineers to other government agencies 

24 without specific direction in a subsequent Act of Congress. 

25 SEC. 8037. Notwithstanding any other provision of 

26 law, funds available for ‘‘Drug Interdiction and Counter-
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1 Drug Activities, Defense’’ may be obligated for the Young 

2 Marines program. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 8038. During the current fiscal year, amounts 

5 contained in the Department of Defense Overseas Military 

6 Facility Investment Recovery Account established by section 

7 2921(c)(1) of the National Defense Authorization Act of 

8 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall be 

9 available until expended for the payments specified by sec10 tion 2921(c)(2) of that Act. 

11 SEC. 8039. (a) IN GENERAL.—Notwithstanding any 

12 other provision of law, the Secretary of the Air Force may 

13 convey at no cost to the Air Force, without consideration, 

14 to Indian tribes located in the States of North Dakota, 

15 South Dakota, Montana, and Minnesota relocatable mili16 tary housing units located at Grand Forks Air Force Base 

17 and Minot Air Force Base that are excess to the needs of 

18 the Air Force. 

19 (b) PROCESSING OF REQUESTS.—The Secretary of the 

20 Air Force shall convey, at no cost to the Air Force, military 

21 housing units under subsection (a) in accordance with the 

22 request for such units that are submitted to the Secretary 

23 by the Operation Walking Shield Program on behalf of In24 dian tribes located in the States of North Dakota, South 

25 Dakota, Montana, and Minnesota. 
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1 (c) RESOLUTION OF HOUSING UNIT CONFLICTS.—The 

2 Operation Walking Shield program shall resolve any con3 flicts among requests of Indian tribes for housing units 

4 under subsection (a) before submitting requests to the Sec5 retary of the Air Force under subsection (b). 

6 (d) INDIAN TRIBE DEFINED.—In this section, the term 

7 ‘‘Indian tribe’’ means any recognized Indian tribe included 

8 on the current list published by the Secretary of the Interior 

9 under section 104 of the Federally Recognized Indian Tribe 

10 Act of 1994 (Public Law 103–454; 108 Stat. 4792; 25 

11 U.S.C. 479a–1). 

12 SEC. 8040. During the current fiscal year, appropria13 tions which are available to the Department of Defense for 

14 operation and maintenance may be used to purchase items 

15 having an investment item unit cost of not more than 

16 $250,000. 

17 SEC. 8041. (a) During the current fiscal year, none 

18 of the appropriations or funds available to the Department 

19 of Defense Working Capital Funds shall be used for the pur20 chase of an investment item for the purpose of acquiring 

21 a new inventory item for sale or anticipated sale during 

22 the current fiscal year or a subsequent fiscal year to cus23 tomers of the Department of Defense Working Capital 

24 Funds if such an item would not have been chargeable to 

25 the Department of Defense Business Operations Fund dur-
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1 ing fiscal year 1994 and if the purchase of such an invest2 ment item would be chargeable during the current fiscal 

3 year to appropriations made to the Department of Defense 

4 for procurement. 

5 (b) The fiscal year 2006 budget request for the Depart6 ment of Defense as well as all justification material and 

7 other documentation supporting the fiscal year 2006 De8 partment of Defense budget shall be prepared and submitted 

9 to the Congress on the basis that any equipment which was 

10 classified as an end item and funded in a procurement ap11 propriation contained in this Act shall be budgeted for in 

12 a proposed fiscal year 2006 procurement appropriation and 

13 not in the supply management business area or any other 

14 area or category of the Department of Defense Working 

15 Capital Funds. 

16 SEC. 8042. None of the funds appropriated by this Act 

17 for programs of the Central Intelligence Agency shall re18 main available for obligation beyond the current fiscal year, 

19 except for funds appropriated for the Reserve for Contin20 gencies, which shall remain available until September 30, 

21 2006: Provided, That funds appropriated, transferred, or 

22 otherwise credited to the Central Intelligence Agency Cen23 tral Services Working Capital Fund during this or any 

24 prior or subsequent fiscal year shall remain available until 

25 expended: Provided further, That any funds appropriated 
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1 or transferred to the Central Intelligence Agency for ad2 vanced research and development acquisition, for agent op3 erations, and for covert action programs authorized by the 

4 President under section 503 of the National Security Act 

5 of 1947, as amended, shall remain available until Sep6 tember 30, 2006. 

7 SEC. 8043. Notwithstanding any other provision of 

8 law, funds made available in this Act for the Defense Intel9 ligence Agency may be used for the design, development, and 

10 deployment of General Defense Intelligence Program intel11 ligence communications and intelligence information sys12 tems for the Services, the Unified and Specified Commands, 

13 and the component commands. 

14 SEC. 8044. Of the funds appropriated to the Depart15 ment of Defense under the heading ‘‘Operation and Mainte16 nance, Defense-Wide’’, not less than $10,000,000 shall be 

17 made available only for the mitigation of environmental 

18 impacts, including training and technical assistance to 

19 tribes, related administrative support, the gathering of in20 formation, documenting of environmental damage, and de21 veloping a system for prioritization of mitigation and cost 

22 to complete estimates for mitigation, on Indian lands re23 sulting from Department of Defense activities. 

24 SEC. 8045. (a) None of the funds appropriated in this 

25 Act may be expended by an entity of the Department of 
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1 Defense unless the entity, in expending the funds, complies 

2 with the Buy American Act. For purposes of this subsection, 

3 the term ‘‘Buy American Act’’ means title III of the Act 

4 entitled ‘‘An Act making appropriations for the Treasury 

5 and Post Office Departments for the fiscal year ending June 

6 30, 1934, and for other purposes’’, approved March 3, 1933 

7 (41 U.S.C. 10a et seq.). 

8 (b) If the Secretary of Defense determines that a person 

9 has been convicted of intentionally affixing a label bearing 

10 a ‘‘Made in America’’ inscription to any product sold in 

11 or shipped to the United States that is not made in Amer12 ica, the Secretary shall determine, in accordance with sec13 tion 2410f of title 10, United States Code, whether the per14 son should be debarred from contracting with the Depart15 ment of Defense. 

16 (c) In the case of any equipment or products purchased 

17 with appropriations provided under this Act, it is the sense 

18 of the Congress that any entity of the Department of De19 fense, in expending the appropriation, purchase only Amer20 ican-made equipment and products, provided that Amer21 ican-made equipment and products are cost-competitive, 

22 quality-competitive, and available in a timely fashion. 

23 SEC. 8046. None of the funds appropriated by this Act 

24 shall be available for a contract for studies, analysis, or 

25 consulting services entered into without competition on the 
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1 basis of an unsolicited proposal unless the head of the activ2 ity responsible for the procurement determines—

3 (1) as a result of thorough technical evaluation, 

4 only one source is found fully qualified to perform the 

5 proposed work; 

6 (2) the purpose of the contract is to explore an 

7 unsolicited proposal which offers significant scientific 

8 or technological promise, represents the product of 

9 original thinking, and was submitted in confidence 

10 by one source; or 

11 (3) the purpose of the contract is to take advan12 tage of unique and significant industrial accomplish13 ment by a specific concern, or to insure that a new 

14 product or idea of a specific concern is given finan15 cial support: 

16 Provided, That this limitation shall not apply to contracts 

17 in an amount of less than $25,000, contracts related to im18 provements of equipment that is in development or produc19 tion, or contracts as to which a civilian official of the De20 partment of Defense, who has been confirmed by the Senate, 

21 determines that the award of such contract is in the interest 

22 of the national defense. 

23 SEC. 8047. (a) Except as provided in subsection (b) 

24 and (c), none of the funds made available by this Act may 

25 be used—
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1 (1) to establish a field operating agency; or 

2 (2) to pay the basic pay of a member of the 

3 Armed Forces or civilian employee of the department 

4 who is transferred or reassigned from a headquarters 

5 activity if the member or employee’s place of duty re6 mains at the location of that headquarters. 

7 (b) The Secretary of Defense or Secretary of a military 

8 department may waive the limitations in subsection (a), 

9 on a case-by-case basis, if the Secretary determines, and cer10 tifies to the Committees on Appropriations of the House of 

11 Representatives and Senate that the granting of the waiver 

12 will reduce the personnel requirements or the financial re13 quirements of the department. 

14 (c) This section does not apply to field operating agen15 cies funded within the National Foreign Intelligence Pro16 gram. 

17 (INCLUDING TRANSFER OF FUNDS)

18 SEC. 8048. (a) Upon a determination by the Secretary 

19 of the Navy that the vessel USNS Capable (T–AGOS 16) 

20 is no longer needed by the Navy, the Secretary shall transfer 

21 such vessel to the National Oceanic and Atmospheric Ad22 ministration as an exploration and research ship. 

23 (b) Upon a transfer of the vessel USNS Capable (T–

24 AGOS 16) under subsection (a), the Secretary of the Navy 

25 shall transfer to the Secretary of Commerce $18,000,000 out 

26 of funds appropriated by title IV under the heading ‘‘Re-
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1 search, Development, Test and Evaluation, Navy’’. The 

2 amount so transferred shall be available to the National 

3 Oceanographic and Atmospheric Administration for the 

4 conversion of the vessel for use as an exploration and re5 search ship. 

6 (RESCISSIONS)

7 SEC. 8049. Of the funds appropriated in Department 

8 of Defense Appropriations Acts, the following funds are 

9 hereby rescinded from the following accounts and programs 

10 in the specified amounts: 

11 ‘‘Shipbuilding and Conversion, Navy, 2002/

12 2006’’, $20,444,000; 

13 ‘‘Weapons Procurement, Navy, 2004/2006’’, 

14 $15,157,000; 

15 ‘‘Other Procurement, Navy, 2004/2006’’, 

16 $54,338,000; 

17 ‘‘Procurement, Defense-Wide, 2004/2006’’, 

18 $23,571,000; 

19 ‘‘Research, Development, Test and Evaluation, 

20 Army, 2004/2005’’, $25,000,000; and 

21 ‘‘Research, Development, Test and Evaluation, 

22 Defense-Wide, 2004/2005’’, $10,100,000. 

23 SEC. 8050. None of the funds available in this Act may 

24 be used to reduce the authorized positions for military (ci25 vilian) technicians of the Army National Guard, the Air 

26 National Guard, Army Reserve and Air Force Reserve for 
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1 the purpose of applying any administratively imposed ci2 vilian personnel ceiling, freeze, or reduction on military (ci3 vilian) technicians, unless such reductions are a direct re4 sult of a reduction in military force structure. 

5 SEC. 8051. None of the funds appropriated or other6 wise made available in this Act may be obligated or ex7 pended for assistance to the Democratic People’s Republic 

8 of North Korea unless specifically appropriated for that 

9 purpose. 

10 SEC. 8052. During the current fiscal year, funds ap11 propriated in this Act are available to compensate members 

12 of the National Guard for duty performed pursuant to a 

13 plan submitted by a Governor of a State and approved by 

14 the Secretary of Defense under section 112 of title 32, 

15 United States Code: Provided, That during the performance 

16 of such duty, the members of the National Guard shall be 

17 under State command and control: Provided further, That 

18 such duty shall be treated as full-time National Guard duty 

19 for purposes of sections 12602(a)(2) and (b)(2) of title 10, 

20 United States Code. 

21 SEC. 8053. Funds appropriated in this Act for oper22 ation and maintenance of the Military Departments, Com23 batant Commands and Defense Agencies shall be available 

24 for reimbursement of pay, allowances and other expenses 

25 which would otherwise be incurred against appropriations 
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1 for the National Guard and Reserve when members of the 

2 National Guard and Reserve provide intelligence or coun3 terintelligence support to Combatant Commands, Defense 

4 Agencies and Joint Intelligence Activities, including the ac5 tivities and programs included within the National Foreign 

6 Intelligence Program (NFIP), the Joint Military Intel7 ligence Program (JMIP), and the Tactical Intelligence and 

8 Related Activities (TIARA) aggregate: Provided, That noth9 ing in this section authorizes deviation from established Re10 serve and National Guard personnel and training proce11 dures. 

12 SEC. 8054. During the current fiscal year, none of the 

13 funds appropriated in this Act may be used to reduce the 

14 civilian medical and medical support personnel assigned to 

15 military treatment facilities below the September 30, 2003 

16 level: Provided, That the Service Surgeons General may 

17 waive this section by certifying to the congressional defense 

18 committees that the beneficiary population is declining in 

19 some catchment areas and civilian strength reductions may 

20 be consistent with responsible resource stewardship and 

21 capitation-based budgeting. 

22 SEC. 8055. (a) LIMITATION ON PENTAGON RENOVA23 TION COSTS.—Not later than the date each year on which 

24 the President submits to Congress the budget under section 

25 1105 of title 31, United States Code, the Secretary of De-
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1 fense shall submit to Congress a certification that the total 

2 cost for the planning, design, construction, and installation 

3 of equipment for the renovation of wedges 2 through 5 of 

4 the Pentagon Reservation, cumulatively, will not exceed 

5 four times the total cost for the planning, design, construc6 tion, and installation of equipment for the renovation of 

7 wedge 1. 

8 (b) ANNUAL ADJUSTMENT.—For purposes of applying 

9 the limitation in subsection (a), the Secretary shall adjust 

10 the cost for the renovation of wedge 1 by any increase or 

11 decrease in costs attributable to economic inflation, based 

12 on the most recent economic assumptions issued by the Of13 fice of Management and Budget for use in preparation of 

14 the budget of the United States under section 1104 of title 

15 31, United States Code. 

16 (c) EXCLUSION OF CERTAIN COSTS.—For purposes of 

17 calculating the limitation in subsection (a), the total cost 

18 for wedges 2 through 5 shall not include—

19 (1) any repair or reconstruction cost incurred as 

20 a result of the terrorist attack on the Pentagon that 

21 occurred on September 11, 2001; 

22 (2) any increase in costs for wedges 2 through 5 

23 attributable to compliance with new requirements of 

24 Federal, State, or local laws; and 
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1 (3) any increase in costs attributable to addi2 tional security requirements that the Secretary of De3 fense considers essential to provide a safe and secure 

4 working environment. 

5 (d) CERTIFICATION COST REPORTS.—As part of the 

6 annual certification under subsection (a), the Secretary 

7 shall report the projected cost (as of the time of the certifi8 cation) for—

9 (1) the renovation of each wedge, including the 

10 amount adjusted or otherwise excluded for such wedge 

11 under the authority of paragraphs (2) and (3) of sub12 section (c) for the period covered by the certification; 

13 and 

14 (2) the repair and reconstruction of wedges 1 

15 and 2 in response to the terrorist attack on the Pen16 tagon that occurred on September 11, 2001. 

17 (e) DURATION OF CERTIFICATION REQUIREMENT.—

18 The requirement to make an annual certification under 

19 subsection (a) shall apply until the Secretary certifies to 

20 Congress that the renovation of the Pentagon Reservation 

21 is completed. 

22 SEC. 8056. Notwithstanding any other provision of 

23 law, that not more than 35 percent of funds provided in 

24 this Act for environmental remediation may be obligated 
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1 under indefinite delivery/indefinite quantity contracts with 

2 a total contract value of $130,000,000 or higher. 

3 SEC. 8057. (a) None of the funds available to the De4 partment of Defense for any fiscal year for drug interdic5 tion or counter-drug activities may be transferred to any 

6 other department or agency of the United States except as 

7 specifically provided in an appropriations law. 

8 (b) None of the funds available to the Central Intel9 ligence Agency for any fiscal year for drug interdiction and 

10 counter-drug activities may be transferred to any other de11 partment or agency of the United States except as specifi12 cally provided in an appropriations law. 

13 (TRANSFER OF FUNDS)

14 SEC. 8058. Appropriations available in this Act under 

15 the heading ‘‘Operation and Maintenance, Defense-Wide’’ 

16 for increasing energy and water efficiency in Federal build17 ings may, during their period of availability, be transferred 

18 to other appropriations or funds of the Department of De19 fense for projects related to increasing energy and water ef20 ficiency, to be merged with and to be available for the same 

21 general purposes, and for the same time period, as the ap22 propriation or fund to which transferred. 

23 SEC. 8059. None of the funds appropriated by this Act 

24 may be used for the procurement of ball and roller bearings 

25 other than those produced by a domestic source and of do26 mestic origin: Provided, That the Secretary of the military 
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1 department responsible for such procurement may waive 

2 this restriction on a case-by-case basis by certifying in writ3 ing to the Committees on Appropriations of the House of 

4 Representatives and the Senate, that adequate domestic 

5 supplies are not available to meet Department of Defense 

6 requirements on a timely basis and that such an acquisition 

7 must be made in order to acquire capability for national 

8 security purposes: Provided further, That this restriction 

9 shall not apply to the purchase of ‘‘commercial items’’, as 

10 defined by section 4(12) of the Office of Federal Procure11 ment Policy Act, except that the restriction shall apply to 

12 ball or roller bearings purchased as end items. 

13 SEC. 8060. Notwithstanding any other provision of 

14 law, funds available to the Department of Defense shall be 

15 made available to provide transportation of medical sup16 plies and equipment, on a nonreimbursable basis, to Amer17 ican Samoa, and funds available to the Department of De18 fense shall be made available to provide transportation of 

19 medical supplies and equipment, on a nonreimbursable 

20 basis, to the Indian Health Service when it is in conjunc21 tion with a civil-military project. 

22 SEC. 8061. None of the funds in this Act may be used 

23 to purchase any supercomputer which is not manufactured 

24 in the United States, unless the Secretary of Defense cer25 tifies to the congressional defense committees that such an 
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1 acquisition must be made in order to acquire capability for 

2 national security purposes that is not available from 

3 United States manufacturers. 

4 SEC. 8062. (a) The total amount appropriated or oth5 erwise made available in titles II, III and IV of this Act 

6 is hereby reduced by $835,000,000 to reflect savings from 

7 revised economic assumptions. 

8 (b) The Secretary of Defense shall allocate this reduc9 tion proportionally to each budget activity, activity group, 

10 subactivity group, and each program, project, and activity 

11 within each applicable appropriation account. 

12 SEC. 8063. Notwithstanding any other provision of 

13 law, each contract awarded by the Department of Defense 

14 during the current fiscal year for construction or service 

15 performed in whole or in part in a State (as defined in 

16 section 381(d) of title 10, United States Code) which is not 

17 contiguous with another State and has an unemployment 

18 rate in excess of the national average rate of unemployment 

19 as determined by the Secretary of Labor, shall include a 

20 provision requiring the contractor to employ, for the pur21 pose of performing that portion of the contract in such State 

22 that is not contiguous with another State, individuals who 

23 are residents of such State and who, in the case of any craft 

24 or trade, possess or would be able to acquire promptly the 

25 necessary skills: Provided, That the Secretary of Defense 
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1 may waive the requirements of this section, on a case-by2 case basis, in the interest of national security. 

3 SEC. 8064. None of the funds made available in this 

4 or any other Act may be used to pay the salary of any 

5 officer or employee of the Department of Defense who ap6 proves or implements the transfer of administrative respon7 sibilities or budgetary resources of any program, project, 

8 or activity financed by this Act to the jurisdiction of an9 other Federal agency not financed by this Act without the 

10 express authorization of Congress: Provided, That this limi11 tation shall not apply to transfers of funds expressly pro12 vided for in Defense Appropriations Acts, or provisions of 

13 Acts providing supplemental appropriations for the De14 partment of Defense. 

15 SEC. 8065. (a) LIMITATION ON TRANSFER OF DE16 FENSE ARTICLES AND SERVICES.—Notwithstanding any 

17 other provision of law, none of the funds available to the 

18 Department of Defense for the current fiscal year may be 

19 obligated or expended to transfer to another nation or an 

20 international organization any defense articles or services 

21 (other than intelligence services) for use in the activities de22 scribed in subsection (b) unless the congressional defense 

23 committees, the Committee on International Relations of 

24 the House of Representatives, and the Committee on For-
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1 eign Relations of the Senate are notified 15 days in advance 

2 of such transfer. 

3 (b) COVERED ACTIVITIES.—This section applies to—

4 (1) any international peacekeeping or peace-en5 forcement operation under the authority of chapter VI 

6 or chapter VII of the United Nations Charter under 

7 the authority of a United Nations Security Council 

8 resolution; and 

9 (2) any other international peacekeeping, peace10 enforcement, or humanitarian assistance operation. 

11 (c) REQUIRED NOTICE.—A notice under subsection (a) 

12 shall include the following: 

13 (1) A description of the equipment, supplies, or 

14 services to be transferred. 

15 (2) A statement of the value of the equipment, 

16 supplies, or services to be transferred. 

17 (3) In the case of a proposed transfer of equip18 ment or supplies—

19 (A) a statement of whether the inventory re20 quirements of all elements of the Armed Forces 

21 (including the reserve components) for the type 

22 of equipment or supplies to be transferred have 

23 been met; and 

24 (B) a statement of whether the items pro25 posed to be transferred will have to be replaced 
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1 and, if so, how the President proposes to provide 

2 funds for such replacement. 

3 SEC. 8066. To the extent authorized by subchapter VI 

4 of chapter 148 of title 10, United States Code, the Secretary 

5 of Defense may issue loan guarantees in support of United 

6 States defense exports not otherwise provided for: Provided, 

7 That the total contingent liability of the United States for 

8 guarantees issued under the authority of this section may 

9 not exceed $15,000,000,000: Provided further, That the ex10 posure fees charged and collected by the Secretary for each 

11 guarantee shall be paid by the country involved and shall 

12 not be financed as part of a loan guaranteed by the United 

13 States: Provided further, That the Secretary shall provide 

14 quarterly reports to the Committees on Appropriations, 

15 Armed Services, and Foreign Relations of the Senate and 

16 the Committees on Appropriations, Armed Services, and 

17 International Relations in the House of Representatives on 

18 the implementation of this program: Provided further, That 

19 amounts charged for administrative fees and deposited to 

20 the special account provided for under section 2540c(d) of 

21 title 10, shall be available for paying the costs of adminis22 trative expenses of the Department of Defense that are at23 tributable to the loan guarantee program under subchapter 

24 VI of chapter 148 of title 10, United States Code. 
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1 SEC. 8067. None of the funds available to the Depart2 ment of Defense under this Act shall be obligated or ex3 pended to pay a contractor under a contract with the De4 partment of Defense for costs of any amount paid by the 

5 contractor to an employee when—

6 (1) such costs are for a bonus or otherwise in ex7 cess of the normal salary paid by the contractor to the 

8 employee; and 

9 (2) such bonus is part of restructuring costs asso10 ciated with a business combination. 

11 SEC. 8068. Notwithstanding any other provision of 

12 law, none of the funds provided in this Act may be used 

13 to pay any fee charged by the Department of State for the 

14 purpose of constructing new United States diplomatic fa15 cilities. 

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 8069. During the current fiscal year, no more 

18 than $30,000,000 of appropriations made in this Act under 

19 the heading ‘‘Operation and Maintenance, Defense-Wide’’ 

20 may be transferred to appropriations available for the pay 

21 of military personnel, to be merged with, and to be available 

22 for the same time period as the appropriations to which 

23 transferred, to be used in support of such personnel in con24 nection with support and services for eligible organizations 

25 and activities outside the Department of Defense pursuant 

26 to section 2012 of title 10, United States Code. 
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1 SEC. 8070. During the current fiscal year, in the case 

2 of an appropriation account of the Department of Defense 

3 for which the period of availability for obligation has ex4 pired or which has closed under the provisions of section 

5 1552 of title 31, United States Code, and which has a nega6 tive unliquidated or unexpended balance, an obligation or 

7 an adjustment of an obligation may be charged to any cur8 rent appropriation account for the same purpose as the ex9 pired or closed account if—

10 (1) the obligation would have been properly 

11 chargeable (except as to amount) to the expired or 

12 closed account before the end of the period of avail13 ability or closing of that account; 

14 (2) the obligation is not otherwise properly 

15 chargeable to any current appropriation account of 

16 the Department of Defense; and 

17 (3) in the case of an expired account, the obliga18 tion is not chargeable to a current appropriation of 

19 the Department of Defense under the provisions of sec20 tion 1405(b)(8) of the National Defense Authorization 

21 Act for Fiscal Year 1991, Public Law 101–510, as 

22 amended (31 U.S.C. 1551 note): Provided, That in 

23 the case of an expired account, if subsequent review 

24 or investigation discloses that there was not in fact a 

25 negative unliquidated or unexpended balance in the 
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1 account, any charge to a current account under the 

2 authority of this section shall be reversed and re3 corded against the expired account: Provided further, 

4 That the total amount charged to a current appro5 priation under this section may not exceed an 

6 amount equal to 1 percent of the total appropriation 

7 for that account. 

8 SEC. 8071. Funds appropriated in title II of this Act 

9 and for the Defense Health Program in title VI of this Act 

10 for supervision and administration costs for facilities 

11 maintenance and repair, minor construction, or design 

12 projects, or any planning studies, environmental assess13 ments, or similar activities related to installation support 

14 functions, may be obligated at the time the reimbursable 

15 order is accepted by the performing activity: Provided, That 

16 for the purpose of this section, supervision and administra17 tion costs includes all in-house Government cost. 

18 SEC. 8072. (a) Notwithstanding any other provision 

19 of law, the Chief of the National Guard Bureau may permit 

20 the use of equipment of the National Guard Distance Learn21 ing Project by any person or entity on a space-available, 

22 reimbursable basis. The Chief of the National Guard Bu23 reau shall establish the amount of reimbursement for such 

24 use on a case-by-case basis. 
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1 (b) Amounts collected under subsection (a) shall be 

2 credited to funds available for the National Guard Distance 

3 Learning Project and be available to defray the costs associ4 ated with the use of equipment of the project under that 

5 subsection. Such funds shall be available for such purposes 

6 without fiscal year limitation. 

7 SEC. 8073. Using funds available by this Act or any 

8 other Act, the Secretary of the Air Force, pursuant to a 

9 determination under section 2690 of title 10, United States 

10 Code, may implement cost-effective agreements for required 

11 heating facility modernization in the Kaiserslautern Mili12 tary Community in the Federal Republic of Germany: Pro13 vided, That in the City of Kaiserslautern such agreements 

14 will include the use of United States anthracite as the base 

15 load energy for municipal district heat to the United States 

16 Defense installations: Provided further, That at Landstuhl 

17 Army Regional Medical Center and Ramstein Air Base, 

18 furnished heat may be obtained from private, regional or 

19 municipal services, if provisions are included for the con20 sideration of United States coal as an energy source. 

21 SEC. 8074. None of the funds appropriated in title IV 

22 of this Act may be used to procure end-items for delivery 

23 to military forces for operational training, operational use 

24 or inventory requirements: Provided, That this restriction 

25 does not apply to end-items used in development, proto-
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1 typing, and test activities preceding and leading to accept2 ance for operational use: Provided further, That this restric3 tion does not apply to programs funded within the National 

4 Foreign Intelligence Program: Provided further, That the 

5 Secretary of Defense may waive this restriction on a case6 by-case basis by certifying in writing to the Committees on 

7 Appropriations of the House of Representatives and the 

8 Senate that it is in the national security interest to do so. 

9 SEC. 8075. None of the funds made available in this 

10 Act may be used to approve or license the sale of the F–

11 22 advanced tactical fighter to any foreign government. 

12 SEC. 8076. (a) The Secretary of Defense may, on a 

13 case-by-case basis, waive with respect to a foreign country 

14 each limitation on the procurement of defense items from 

15 foreign sources provided in law if the Secretary determines 

16 that the application of the limitation with respect to that 

17 country would invalidate cooperative programs entered into 

18 between the Department of Defense and the foreign country, 

19 or would invalidate reciprocal trade agreements for the pro20 curement of defense items entered into under section 2531 

21 of title 10, United States Code, and the country does not 

22 discriminate against the same or similar defense items pro23 duced in the United States for that country. 

24 (b) Subsection (a) applies with respect to—
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1 (1) contracts and subcontracts entered into on or 

2 after the date of the enactment of this Act; and 

3 (2) options for the procurement of items that are 

4 exercised after such date under contracts that are en5 tered into before such date if the option prices are ad6 justed for any reason other than the application of a 

7 waiver granted under subsection (a). 

8 (c) Subsection (a) does not apply to a limitation re9 garding construction of public vessels, ball and roller bear10 ings, food, and clothing or textile materials as defined by 

11 section 11 (chapters 50–65) of the Harmonized Tariff 

12 Schedule and products classified under headings 4010, 

13 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 

14 7229, 7304.41 through 7304.49, 7306.40, 7502 through 

15 7508, 8105, 8108, 8109, 8211, 8215, and 9404. 

16 SEC. 8077. (a) PROHIBITION.—None of the funds made 

17 available by this Act may be used to support any training 

18 program involving a unit of the security forces of a foreign 

19 country if the Secretary of Defense has received credible in20 formation from the Department of State that the unit has 

21 committed a gross violation of human rights, unless all nec22 essary corrective steps have been taken. 

23 (b) MONITORING.—The Secretary of Defense, in con24 sultation with the Secretary of State, shall ensure that prior 

25 to a decision to conduct any training program referred to 
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1 in subsection (a), full consideration is given to all credible 

2 information available to the Department of State relating 

3 to human rights violations by foreign security forces. 

4 (c) WAIVER.—The Secretary of Defense, after consulta5 tion with the Secretary of State, may waive the prohibition 

6 in subsection (a) if he determines that such waiver is re7 quired by extraordinary circumstances. 

8 (d) REPORT.—Not more than 15 days after the exercise 

9 of any waiver under subsection (c), the Secretary of Defense 

10 shall submit a report to the congressional defense commit11 tees describing the extraordinary circumstances, the purpose 

12 and duration of the training program, the United States 

13 forces and the foreign security forces involved in the train14 ing program, and the information relating to human rights 

15 violations that necessitates the waiver. 

16 SEC. 8078. (a) The Secretary of Defense, in coordina17 tion with the Secretary of Health and Human Services, 

18 may carry out a program to distribute surplus dental and 

19 medical equipment of the Department of Defense, at no cost 

20 to the Department of Defense, to Indian Health Service fa21 cilities and to federally-qualified health centers (within the 

22 meaning of section 1905(l)(2)(B) of the Social Security Act 

23 (42 U.S.C. 1396d(l)(2)(B))). 

24 (b) In carrying out this provision, the Secretary of De25 fense shall give the Indian Health Service a property dis-
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1 posal priority equal to the priority given to the Department 

2 of Defense and its twelve special screening programs in dis3 tribution of surplus dental and medical supplies and equip4 ment. 

5 SEC. 8079. None of the funds appropriated or made 

6 available in this Act to the Department of the Navy shall 

7 be used to develop, lease or procure the T–AKE class of ships 

8 unless the main propulsion diesel engines and propulsors 

9 are manufactured in the United States by a domestically 

10 operated entity: Provided, That the Secretary of Defense 

11 may waive this restriction on a case-by-case basis by certi12 fying in writing to the Committees on Appropriations of 

13 the House of Representatives and the Senate that adequate 

14 domestic supplies are not available to meet Department of 

15 Defense requirements on a timely basis and that such an 

16 acquisition must be made in order to acquire capability for 

17 national security purposes or there exists a significant cost 

18 or quality difference. 

19 SEC. 8080. None of the funds appropriated or other20 wise made available by this or other Department of Defense 

21 Appropriations Acts may be obligated or expended for the 

22 purpose of performing repairs or maintenance to military 

23 family housing units of the Department of Defense, includ24 ing areas in such military family housing units that may 
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1 be used for the purpose of conducting official Department 

2 of Defense business. 

3 SEC. 8081. Notwithstanding any other provision of 

4 law, funds appropriated in this Act under the heading ‘‘Re5 search, Development, Test and Evaluation, Defense-Wide’’ 

6 for any advanced concept technology demonstration project 

7 may only be obligated 30 days after a report, including a 

8 description of the project, the planned acquisition and tran9 sition strategy and its estimated annual and total cost, has 

10 been provided in writing to the congressional defense com11 mittees: Provided, That the Secretary of Defense may waive 

12 this restriction on a case-by-case basis by certifying to the 

13 congressional defense committees that it is in the national 

14 interest to do so. 

15 SEC. 8082. The Secretary of Defense shall provide a 

16 classified quarterly report, beginning 30 days after enact17 ment, to the House and Senate Appropriations Committees, 

18 Subcommittees on Defense on certain matters as directed 

19 in the classified annex accompanying this Act. 

20 SEC. 8083. The amount appropriated in title II for 

21 ‘‘Operation and Maintenance, Air Force’’ is hereby reduced 

22 by $300,000,000 to reflect cash balance and rate stabiliza23 tion adjustments in the Department of Defense Transpor24 tation Working Capital Fund. 
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1 SEC. 8084. (a) REGISTERING FINANCIAL MANAGE2 MENT INFORMATION TECHNOLOGY SYSTEMS WITH DOD 

3 CHIEF INFORMATION OFFICER.—None of the funds appro4 priated in this Act may be used for a mission critical or 

5 mission essential financial management information tech6 nology system (including a system funded by the defense 

7 working capital fund) that is not registered with the Chief 

8 Information Officer of the Department of Defense. A system 

9 shall be considered to be registered with that officer upon 

10 the furnishing to that officer of notice of the system, together 

11 with such information concerning the system as the Sec12 retary of Defense may prescribe. A financial management 

13 information technology system shall be considered a mission 

14 critical or mission essential information technology system 

15 as defined by the Under Secretary of Defense (Comptroller). 

16 (b) CERTIFICATIONS AS TO COMPLIANCE WITH FINAN17 CIAL MANAGEMENT MODERNIZATION PLAN.—

18 (1) During the current fiscal year, a financial 

19 management automated information system, a mixed 

20 information system supporting financial and non-fi21 nancial systems, or a system improvement of more 

22 than $1,000,000 may not receive Milestone A ap23 proval, Milestone B approval, or full rate production, 

24 or their equivalent, within the Department of Defense 

25 until the Under Secretary of Defense (Comptroller) 
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1 certifies, with respect to that milestone, that the sys2 tem is being developed and managed in accordance 

3 with the Department’s Financial Management Mod4 ernization Plan. The Under Secretary of Defense 

5 (Comptroller) may require additional certifications, 

6 as appropriate, with respect to any such system. 

7 (2) The Chief Information Officer shall provide 

8 the congressional defense committees timely notifica9 tion of certifications under paragraph (1). 

10 (c) CERTIFICATIONS AS TO COMPLIANCE WITH

11 CLINGER-COHEN ACT.—

12 (1) During the current fiscal year, a major auto13 mated information system may not receive Milestone 

14 A approval, Milestone B approval, or full rate pro15 duction approval, or their equivalent, within the De16 partment of Defense until the Chief Information Offi17 cer certifies, with respect to that milestone, that the 

18 system is being developed in accordance with the 

19 Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.). 

20 The Chief Information Officer may require additional 

21 certifications, as appropriate, with respect to any 

22 such system. 

23 (2) The Chief Information Officer shall provide 

24 the congressional defense committees timely notifica25 tion of certifications under paragraph (1). Each such 
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1 notification shall include, at a minimum, the funding 

2 baseline and milestone schedule for each system cov3 ered by such a certification and confirmation that the 

4 following steps have been taken with respect to the 

5 system: 

6 (A) Business process reengineering. 

7 (B) An analysis of alternatives. 

8 (C) An economic analysis that includes a 

9 calculation of the return on investment. 

10 (D) Performance measures. 

11 (E) An information assurance strategy con12 sistent with the Department’s Global Informa13 tion Grid. 

14 (d) DEFINITIONS.—For purposes of this section: 

15 (1) The term ‘‘Chief Information Officer’’ means 

16 the senior official of the Department of Defense des17 ignated by the Secretary of Defense pursuant to sec18 tion 3506 of title 44, United States Code. 

19 (2) The term ‘‘information technology system’’ 

20 has the meaning given the term ‘‘information tech21 nology’’ in section 5002 of the Clinger-Cohen Act of 

22 1996 (40 U.S.C. 1401). 

23 SEC. 8085. During the current fiscal year, none of the 

24 funds available to the Department of Defense may be used 

25 to provide support to another department or agency of the 
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1 United States if such department or agency is more than 

2 90 days in arrears in making payment to the Department 

3 of Defense for goods or services previously provided to such 

4 department or agency on a reimbursable basis: Provided, 

5 That this restriction shall not apply if the department is 

6 authorized by law to provide support to such department 

7 or agency on a nonreimbursable basis, and is providing the 

8 requested support pursuant to such authority: Provided fur9 ther, That the Secretary of Defense may waive this restric10 tion on a case-by-case basis by certifying in writing to the 

11 Committees on Appropriations of the House of Representa12 tives and the Senate that it is in the national security inter13 est to do so. 

14 SEC. 8086. None of the funds provided in this Act may 

15 be used to transfer to any nongovernmental entity ammuni16 tion held by the Department of Defense that has a center17 fire cartridge and a United States military nomenclature 

18 designation of ‘‘armor penetrator’’, ‘‘armor piercing (AP)’’, 

19 ‘‘armor piercing incendiary (API)’’, or ‘‘armor-piercing in20 cendiary-tracer (API–T)’’, except to an entity performing 

21 demilitarization services for the Department of Defense 

22 under a contract that requires the entity to demonstrate to 

23 the satisfaction of the Department of Defense that armor 

24 piercing projectiles are either: (1) rendered incapable of 

25 reuse by the demilitarization process; or (2) used to manu-
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1 facture ammunition pursuant to a contract with the De2 partment of Defense or the manufacture of ammunition for 

3 export pursuant to a License for Permanent Export of Un4 classified Military Articles issued by the Department of 

5 State. 

6 SEC. 8087. Notwithstanding any other provision of 

7 law, the Chief of the National Guard Bureau, or his des8 ignee, may waive payment of all or part of the consider9 ation that otherwise would be required under 10 U.S.C. 

10 2667, in the case of a lease of personal property for a period 

11 not in excess of 1 year to any organization specified in 32 

12 U.S.C. 508(d), or any other youth, social, or fraternal non13 profit organization as may be approved by the Chief of the 

14 National Guard Bureau, or his designee, on a case-by-case 

15 basis. 

16 SEC. 8088. None of the funds appropriated by this Act 

17 shall be used for the support of any nonappropriated funds 

18 activity of the Department of Defense that procures malt 

19 beverages and wine with nonappropriated funds for resale 

20 (including such alcoholic beverages sold by the drink) on 

21 a military installation located in the United States unless 

22 such malt beverages and wine are procured within that 

23 State, or in the case of the District of Columbia, within 

24 the District of Columbia, in which the military installation 

25 is located: Provided, That in a case in which the military 
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1 installation is located in more than one State, purchases 

2 may be made in any State in which the installation is lo3 cated: Provided further, That such local procurement re4 quirements for malt beverages and wine shall apply to all 

5 alcoholic beverages only for military installations in States 

6 which are not contiguous with another State: Provided fur7 ther, That alcoholic beverages other than wine and malt bev8 erages, in contiguous States and the District of Columbia 

9 shall be procured from the most competitive source, price 

10 and other factors considered. 

11 SEC. 8089. Up to $3,000,000 of the funds appropriated 

12 under the heading ‘‘Operation and Maintenance, Navy’’ in 

13 this Act for the Pacific Missile Range Facility may be made 

14 available to contract for the repair, maintenance, and oper15 ation of adjacent off-base water, drainage, and flood control 

16 systems, electrical upgrade to support additional missions 

17 critical to base operations, and support for a range foot18 print expansion to further guard against encroachment. 

19 SEC. 8090. Funds available to the Department of De20 fense for the Global Positioning System during the current 

21 fiscal year may be used to fund civil requirements associ22 ated with the satellite and ground control segments of such 

23 system’s modernization program. 

24 (INCLUDING TRANSFER OF FUNDS)

25 SEC. 8091. (a) Of the amounts appropriated in this 

26 Act under the heading, ‘‘Research, Development, Test and 
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1 Evaluation, Defense-Wide’’, $60,000,000 shall remain 

2 available until expended: Provided, That notwithstanding 

3 any other provision of law, the Secretary of Defense is au4 thorized to transfer such funds to other activities of the Fed5 eral Government. 

6 (b) Of the amounts appropriated in this Act under the 

7 heading, ‘‘Operation and Maintenance, Army’’, 

8 $210,000,000 shall remain available until expended: Pro9 vided, That notwithstanding any other provision of law, the 

10 Secretary of Defense is authorized to transfer such funds 

11 to other activities of the Federal Government: Provided fur12 ther, That the Secretary of Defense is authorized to enter 

13 into and carry out contracts for the acquisition of real 

14 property, construction, personal services, and operations re15 lated to projects described in further detail in the Classified 

16 Annex accompanying the Department of Defense Appro17 priations Act, 2005, consistent with the terms and condi18 tions set forth therein: Provided further, That contracts en19 tered into under the authority of this section may provide 

20 for such indemnification as the Secretary determines to be 

21 necessary: Provided further, That projects authorized by 

22 this section shall comply with applicable Federal, State, 

23 and local law to the maximum extent consistent with the 

24 national security, as determined by the Secretary of De25 fense. 
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1 SEC. 8092. Section 8106 of the Department of Defense 

2 Appropriations Act, 1997 (titles I through VIII of the mat3 ter under subsection 101(b) of Public Law 104–208; 110 

4 Stat. 3009–111; 10 U.S.C. 113 note) shall continue in effect 

5 to apply to disbursements that are made by the Department 

6 of Defense in fiscal year 2005. 

7 SEC. 8093. (a) Of the amounts appropriated in this 

8 Act under the heading ‘‘Research, Development, Test and 

9 Evaluation, Navy’’, $107,678,000 shall be available for the 

10 construction of the first prototype vessel under the Littoral 

11 Combat Ship program. 

12 (b) None of the funds provided in this Act may be obli13 gated to prepare a fiscal year 2006 budget request for a 

14 third vessel under the Littoral Combat Ship program in 

15 fiscal year 2006: Provided, That funds for the second vessel 

16 shall be for a second source supplier: Provided further, That 

17 all subsequent ships shall be purchased with ‘‘Shipbuilding 

18 and Conversion, Navy’’ funds beginning in fiscal year 2007. 

19 SEC. 8094. The total amount appropriated or other20 wise made available in this Act is hereby reduced by 

21 $500,000,000 to limit excessive growth in the procurement 

22 of advisory and assistance services, to be distributed as fol23 lows: 

24 ‘‘Operation and Maintenance, Army’’, 

25 $25,000,000; 
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1 ‘‘Operation and Maintenance, Defense-Wide’’, 

2 $225,000,000; 

3 ‘‘Research, Development, Test and Evaluation, 

4 Army’’, $50,000,000; and 

5 ‘‘Research, Development, Test and Evaluation, 

6 Defense-Wide’’, $200,000,000. 

7 (INCLUDING TRANSFER OF FUNDS)

8 SEC. 8095. Of the amounts appropriated in this Act 

9 under the heading ‘‘Research, Development, Test and Eval10 uation, Defense-Wide’’, $167,400,000 shall be made avail11 able for the Arrow missile defense program: Provided, That 

12 of this amount, $80,000,000 shall be available for the pur13 pose of producing Arrow missile components in the United 

14 States and Arrow missile components and missiles in Israel 

15 to meet Israel’s defense requirements, consistent with each 

16 nation’s laws, regulations and procedures: Provided further, 

17 That funds made available under this provision for produc18 tion of missiles and missile components may be transferred 

19 to appropriations available for the procurement of weapons 

20 and equipment, to be merged with and to be available for 

21 the same time period and the same purposes as the appro22 priation to which transferred: Provided further, That the 

23 transfer authority provided under this provision is in addi24 tion to any other transfer authority contained in this Act. 
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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8096. In addition to amounts provided elsewhere 

3 in this Act, $40,000,000 is hereby appropriated for ‘‘Air4 craft Procurement, Navy’’: Provided, That these funds shall 

5 be available only for transfer to the Coast Guard for mission 

6 essential equipment for Coast Guard HC–130J aircraft. 

7 (INCLUDING TRANSFER OF FUNDS)

8 SEC. 8097. Of the amounts appropriated in this Act 

9 under the heading ‘‘Shipbuilding and Conversion, Navy’’, 

10 $484,390,000 shall be available until September 30, 2005, 

11 to fund prior year shipbuilding cost increases: Provided, 

12 That upon enactment of this Act, the Secretary of the Navy 

13 shall transfer such funds to the following appropriations in 

14 the amounts specified: Provided further, That the amounts 

15 transferred shall be merged with and be available for the 

16 same purposes as the appropriations to which transferred: 

17 To: 

18 Under the heading, ‘‘Shipbuilding and Con19 version, Navy, 1996/2005’’: 

20 LPD–17 Amphibious Transport Dock 

21 Ship Program, $55,000,000. 

22 Under the heading, ‘‘Shipbuilding and Con23 version, Navy, 1999/2005’’: 

24 New SSN, $10,000,000; 

25 LPD–17 Amphibious Transport Dock 

26 Ship Program, $38,100,000. 
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1 Under the heading, ‘‘Shipbuilding and Con2 version, Navy, 2000/2005’’: 

3 DDG–51 Destroyer Program, 

4 $44,963,000; 

5 LPD–17 Amphibious Transport Dock 

6 Ship Program, $171,681,000. 

7 Under the heading, ‘‘Shipbuilding and Con8 version, Navy, 2001/2005’’: 

9 DDG–51 Destroyer Program, 

10 $83,316,000; 

11 New SSN, $67,330,000. 

12 Under the heading, ‘‘Shipbuilding and Con13 version, Navy, 2002/2005’’: 

14 LCAC SLEP, $2,100,000. 

15 Under the heading, ‘‘Shipbuilding and Con16 version, Navy, 2003/2005’’: 

17 LCAC SLEP, $11,900,000. 

18 SEC. 8098. None of the funds available to the Depart19 ment of Defense may be obligated to implement any action 

20 which alters the command responsibility or permanent as21 signment of forces until 270 days after such plan has been 

22 provided to the congressional defense committees. 

23 SEC. 8099. Notwithstanding any other provision of 

24 law or regulation, the Secretary of Defense may exercise the 
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1 provisions of 38 U.S.C. 7403(g) for occupations listed in 

2 38 U.S.C. 7403(a)(2) as well as the following: 

3 Pharmacists, Audiologists, and Dental Hygien4 ists. 

5 (A) The requirements of 38 U.S.C. 

6 7403(g)(1)(A) shall apply. 

7 (B) The limitations of 38 U.S.C. 

8 7403(g)(1)(B) shall not apply. 

9 SEC. 8100. Funds appropriated in Titles I through 

10 VIII of this Act, or made available by the transfer of funds 

11 in this Act, for intelligence activities are deemed to be spe12 cifically authorized by the Congress for purposes of section 

13 504 of the National Security Act of 1947 (50 U.S.C. 414) 

14 during fiscal year 2005 until the enactment of the Intel15 ligence Authorization Act for Fiscal Year 2005: Provided, 

16 That funds included in Title IX of this Act, for intelligence 

17 activities are deemed to be specifically authorized by the 

18 Congress for purposes of section 504 of the National Secu19 rity Act of 1947 (50 U.S.C. 414). 

20 SEC. 8101. In addition to funds made available else21 where in this Act, $5,500,000 is hereby appropriated and 

22 shall remain available until expended to provide assistance, 

23 by grant or otherwise (such as, but not limited to, the provi24 sion of funds for repairs, maintenance, construction, and/

25 or for the purchase of information technology, text books, 
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1 teaching resources), to public schools that have unusually 

2 high concentrations of special needs military dependents en3 rolled: Provided, That in selecting school systems to receive 

4 such assistance, special consideration shall be given to 

5 school systems in States that are considered overseas assign6 ments, and all schools within these school systems shall be 

7 eligible for assistance: Provided further, That up to 2 per8 cent of the total appropriated funds under this section shall 

9 be available to support the administration and execution 

10 of the funds or program and/or events that promote the pur11 pose of this appropriation (e.g. payment of travel and per 

12 diem of school teachers attending conferences or a meeting 

13 that promotes the purpose of this appropriation and/or con14 sultant fees for on-site training of teachers, staff, or Joint 

15 Venture Education Forum (JVEF) Committee members): 

16 Provided further, That up to $2,000,000 shall be available 

17 for the Department of Defense to establish a non-profit trust 

18 fund to assist in the public-private funding of public school 

19 repair and maintenance projects, or provide directly to 

20 non-profit organizations who in return will use these mon21 ies to provide assistance in the form of repair, maintenance, 

22 or renovation to public school systems that have high con23 centrations of special needs military dependents and are lo24 cated in States that are considered overseas assignments: 

25 Provided further, That to the extent a Federal agency pro-
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1 vides this assistance, by contract, grant, or otherwise, it 

2 may accept and expend non-Federal funds in combination 

3 with these Federal funds to provide assistance for the au4 thorized purpose, if the non-Federal entity requests such as5 sistance and the non-Federal funds are provided on a reim6 bursable basis. 

7 SEC. 8102. None of the funds in this Act may be used 

8 to initiate a new start program without 30 days prior writ9 ten notification to the Office of Secretary of Defense and 

10 the congressional defense committees. 

11 SEC. 8103. (a) The total amount appropriated or oth12 erwise made available in this Act is hereby reduced by 

13 $808,100,000 to reflect excessive unobligated balances, to be 

14 distributed as follows: 

15 ‘‘Operation and Maintenance, Army’’, 

16 $160,800,000; 

17 ‘‘Operation and Maintenance, Navy’’, 

18 $171,900,000; 

19 ‘‘Operation and Maintenance, Marine Corps’’, 

20 $15,700,000; 

21 ‘‘Operation and Maintenance, Air Force’’, 

22 $142,400,000; and 

23 ‘‘Operation and Maintenance, Defense-Wide’’, 

24 $317,300,000. 
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1 (b) The Secretary of Defense shall allocate this reduc2 tion proportionally to each budget activity, activity group, 

3 subactivity group, and each program, project, and activity 

4 within each applicable appropriation account. 

5 SEC. 8104. FINANCING AND FIELDING OF KEY ARMY

6 CAPABILITIES. The Department of Defense and the Depart7 ment of the Army shall make future budgetary and pro8 gramming plans to fully finance the Non-Line of Sight 

9 (NLOS) Future Force cannon and resupply vehicle pro10 gram in order to field this system in the 2008 timeframe. 

11 As an interim capability to enhance Army lethality, surviv12 ability, and mobility for light and medium forces before 

13 complete fielding of the Future Force, the Army shall ensure 

14 that budgetary and programmatic plans will provide for 

15 no fewer than six Stryker Brigade Combat Teams to be 

16 fielded between 2003 and 2008. 

17 SEC. 8105. Of the funds made available in this Act, 

18 not less than $87,900,000 shall be available to maintain 

19 an attrition reserve force of 18 B–52 aircraft, of which 

20 $3,700,000 shall be available from ‘‘Military Personnel, Air 

21 Force’’, $55,300,000 shall be available from ‘‘Operation and 

22 Maintenance, Air Force’’, and $28,900,000 shall be avail23 able from ‘‘Aircraft Procurement, Air Force’’: Provided, 

24 That the Secretary of the Air Force shall maintain a total 

25 force of 94 B–52 aircraft, including 18 attrition reserve air-
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1 craft, during fiscal year 2005: Provided further, That the 

2 Secretary of Defense shall include in the Air Force budget 

3 request for fiscal year 2006 amounts sufficient to maintain 

4 a B–52 force totaling 94 aircraft. 

5 SEC. 8106. Of the funds made available under the 

6 heading ‘‘Operation and Maintenance, Air Force’’, 

7 $9,000,000 shall be available to realign railroad track on 

8 Elmendorf Air Force Base and Fort Richardson: Provided, 

9 That of the funds made available under the heading ‘‘Oper10 ation and Maintenance, Air Force’’, $14,000,000 shall be 

11 available for engineering and environment studies nec12 essary to extend the railroad to Stryker Brigade Combat 

13 Team training areas north of Fort Wainwright, Alaska: 

14 Provided further, That the Secretary of the Air Force is au15 thorized, using funds available under the heading ‘‘Oper16 ation and Maintenance, Air Force’’, to complete a phased 

17 repair project, which repairs may include upgrades and ad18 ditions, to the infrastructure of the operational ranges man19 aged by the Air Force in Alaska. The total cost of such 

20 phased projects shall not exceed $32,000,000. 

21 (TRANSFER OF FUNDS)

22 SEC. 8107. Of the amounts appropriated in Public 

23 Law 107–206 under the heading ‘‘Defense Emergency Re24 sponse Fund’’, an amount up to the fair market value of 

25 the leasehold interest in adjacent properties necessary for 

26 the force protection requirements of Tooele Army Depot, 
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1 Utah, may be made available to resolve any property dis2 putes associated with Tooele Army Depot, Utah, and to ac3 quire such leasehold interest as required: Provided, That 

4 none of these funds may be used to acquire fee title to the 

5 properties. 

6 SEC. 8108. None of the funds appropriated in this Act 

7 under the heading ‘‘Overseas Contingency Operations 

8 Transfer Account’’ may be transferred or obligated for De9 partment of Defense expenses not directly related to the con10 duct of overseas contingencies: Provided, That the Secretary 

11 of Defense shall submit a report no later than 30 days after 

12 the end of each fiscal quarter to the Committees on Appro13 priations of the Senate and House of Representatives that 

14 details any transfer of funds from the ‘‘Overseas Contin15 gency Operations Transfer Account’’: Provided further, 

16 That the report shall explain any transfer for the mainte17 nance of real property, pay of civilian personnel, base oper18 ations support, and weapon, vehicle or equipment mainte19 nance. 

20 SEC. 8109. For purposes of section 1553(b) of title 31, 

21 United States Code, any subdivision of appropriations 

22 made in this Act under the heading ‘‘Shipbuilding and 

23 Conversion, Navy’’ shall be considered to be for the same 

24 purpose as any subdivision under the heading ‘‘Ship25 building and Conversion, Navy’’ appropriations in any 
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1 prior fiscal year, and the 1 percent limitation shall apply 

2 to the total amount of the appropriation. 

3 SEC. 8110. The budget of the President for fiscal year 

4 2006 submitted to the Congress pursuant to section 1105 

5 of title 31, United States Code shall include separate budget 

6 justification documents for costs of United States Armed 

7 Forces’ participation in contingency operations for the 

8 Military Personnel accounts, the Operation and Mainte9 nance accounts, and the Procurement accounts: Provided, 

10 That these documents shall include a description of the 

11 funding requested for each contingency operation, for each 

12 military service, to include all Active and Reserve compo13 nents, and for each appropriations account: Provided fur14 ther, That these documents shall include estimated costs for 

15 each element of expense or object class, a reconciliation of 

16 increases and decreases for each contingency operation, and 

17 programmatic data including, but not limited to, troop 

18 strength for each Active and Reserve component, and esti19 mates of the major weapons systems deployed in support 

20 of each contingency: Provided further, That these documents 

21 shall include budget exhibits OP–5 and OP–32 (as defined 

22 in the Department of Defense Financial Management Regu23 lation) for all contingency operations for the budget year 

24 and the two preceding fiscal years. 
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1 SEC. 8111. None of the funds in this Act may be used 

2 for research, development, test, evaluation, procurement or 

3 deployment of nuclear armed interceptors of a missile de4 fense system. 

5 SEC. 8112. Notwithstanding any other provision of 

6 law, section 2533a(f) of title 10, United States Code, shall 

7 not apply to any fish, shellfish, or seafood product. This 

8 section applies to contracts and subcontracts for the pro9 curement of commercial items notwithstanding section 34 

10 of the Office of Federal Procurement Policy Act (41 U.S.C. 

11 430). 

12 SEC. 8113. Of the amounts provided in title II of this 

13 Act under the heading, ‘‘Operation and Maintenance, De14 fense-Wide’’, $20,000,000 is available for the Regional De15 fense Counter-terrorism Fellowship Program, to fund the 

16 education and training of foreign military officers, min17 istry of defense civilians, and other foreign security offi18 cials, to include United States military officers and civilian 

19 officials whose participation directly contributes to the edu20 cation and training of these foreign students. 

21 SEC. 8114. None of the funds appropriated or made 

22 available in this Act shall be used to reduce or disestablish 

23 the operation of the 53rd Weather Reconnaissance Squad24 ron of the Air Force Reserve, if such action would reduce 

25 the WC–130 Weather Reconnaissance mission below the lev-
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1 els funded in this Act: Provided, That the Air Force shall 

2 allow the 53rd Weather Reconnaissance Squadron to per3 form other missions in support of national defense require4 ments during the non-hurricane season. 

5 SEC. 8115. (a) Notwithstanding any other provision 

6 of law, none of the funds appropriated or otherwise made 

7 available in this or any other Act may be obligated for the 

8 Terrorism Information Awareness Program: Provided, That 

9 this limitation shall not apply to the program hereby au10 thorized for Processing, analysis, and collaboration tools for 

11 counterterrorism foreign intelligence, as described in the 

12 Classified Annex accompanying the Department of Defense 

13 Appropriations Act, 2005, for which funds are expressly 

14 provided in the National Foreign Intelligence Program for 

15 counterterrorism foreign intelligence purposes. 

16 (b) None of the funds provided for Processing, analysis, 

17 and collaboration tools for counterterrorism foreign intel18 ligence shall be available for deployment or implementation 

19 except for: 

20 (1) lawful military operations of the United 

21 States conducted outside the United States; or 

22 (2) lawful foreign intelligence activities con23 ducted wholly overseas, or wholly against non-United 

24 States citizens. 
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1 (c) In this section, the term ‘‘Terrorism Information 

2 Awareness Program’’ means the program known either as 

3 Terrorism Information Awareness or Total Information 

4 Awareness, or any successor program, funded by the Defense 

5 Advanced Research Projects Agency, or any other Depart6 ment or element of the Federal Government, including the 

7 individual components of such Program developed by the 

8 Defense Advanced Research Projects Agency. 

9 SEC. 8116. (a) The total amount appropriated or oth10 erwise made available in title II of this Act is hereby re11 duced by $97,331,000 to limit excessive growth in the travel 

12 and transportation of persons. 

13 (b) The Secretary of Defense shall allocate this reduc14 tion proportionally to each budget activity, activity group, 

15 subactivity group, and each program, project, and activity 

16 within each applicable appropriation account. 

17 SEC. 8117. (a) Notwithstanding any other provision 

18 of this Act, amounts otherwise provided by this Act in title 

19 I for the following accounts and activities are reduced by 

20 the following amounts: 

21 ‘‘Military Personnel, Army’’, $2,386,000,000; 

22 ‘‘Military Personnel, Navy’’, $2,386,000,000; 

23 ‘‘Military Personnel, Air Force’’, $2,386,000,000; 

24 in all: $7,158,000,000. 
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1 (b) In addition to amounts appropriated elsewhere in 

2 this Act there are hereby appropriated the following 

3 amounts for the following accounts: 

4 ‘‘Military Personnel, Army’’, $2,386,000,000; 

5 ‘‘Military Personnel, Navy’’, $2,386,000,000; 

6 ‘‘Military Personnel, Air Force’’, $2,386,000,000; 

7 in all: $7,158,000,000: Provided, That the entire amount 

8 is designated by the Congress as an emergency requirement 

9 pursuant to section 502 of H. Con. Res. 95, the concurrent 

10 resolution on the budget for fiscal year 2004: Provided fur11 ther, That the entire amount shall be available only to the 

12 extent that an official budget request for $7,158,000,000, 

13 that includes designation of the entire amount of the request 

14 as an emergency requirement as defined in H. Con. Res. 

15 95, the concurrent resolution on the budget for fiscal year 

16 2004, is transmitted by the President to the Congress. 

17 SEC. 8118. Up to $3,000,000 of the funds appropriated 

18 under the heading, ‘‘Operation and Maintenance, Navy’’ in 

19 this Act may be made available to contract for the installa20 tion, repair, maintenance, and operation of on-base and ad21 jacent off-base drainage and flood control systems critical 

22 to base operations and the public health and safety of com23 munity residents in the vicinity of the Naval Magazine 

24 Lualualei. 
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1 SEC. 8119. The Secretary of the Navy may settle, or 

2 compromise, and pay any and all admiralty claims under 

3 10 U.S.C. 7622 arising out of the collision involving the 

4 U.S.S. GREENEVILLE and the EHIME MARU, in any 

5 amount and without regard to the monetary limitations in 

6 subsections (a) and (b) of that section: Provided, That such 

7 payments shall be made from funds available to the Depart8 ment of the Navy for operation and maintenance. 

9 SEC. 8120. From funds provided under the heading 

10 ‘‘Operation and Maintenance, Navy’’, the Secretary of the 

11 Navy may make a grant in the amount of $3,000,000 to 

12 the Chicago Public Schools for establishment of a Naval 

13 Military Academy High School, Chicago, Illinois, in part14 nership with the Great Lakes Naval Training Center. 

15 SEC. 8121. Of the amount appropriated by title III 

16 under the heading ‘‘Aircraft Procurement, Air Force’’, 

17 $880,000 shall be available to the Secretary of the Air Force 

18 for a grant to Rocky Mountain College, Montana, for the 

19 purchase of three Piper aircraft, and an aircraft simulator, 

20 for support of aviation training. 

21 SEC. 8122. Of the amount appropriated or otherwise 

22 made available by title IV of the Act under the heading 

23 ‘‘Research, Development, Test and Evaluation, Navy’’, up 

24 to $4,000,000 may be available for Aviation Data Manage25 ment and Control System, Block II. 
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1 SEC. 8123. Of the amount appropriated by title IV 

2 under the heading ‘‘Other Procurement, Air Force’’, up to 

3 $2,000,000 may be used for aircrew bladder relief device 

4 (ABRD) kits. 

5 SEC. 8124. (a) Of the amounts appropriated by title 

6 III under the heading ‘‘Shipbuilding and Conversion, 

7 Navy’’—

8 (1) the amount provided under that heading spe9 cifically for the Carrier Replacement Program (AP) 

10 is hereby increased by $140,900,000; 

11 (2) the amount provided under that heading spe12 cifically for CVN Refuelings (AP) is hereby increased 

13 by $110,000,000; and 

14 (3) the total amount provided under that head15 ing is hereby increased by $250,900,000. 

16 (b) The amount of the reduction provided in section 

17 8062(a) is hereby increased by $250,900,000. 

18 SEC. 8125. Of the amount appropriated or otherwise 

19 made available by title IV of this Act under the heading 

20 ‘‘Research, Development, Test and Evaluation, Air Force’’, 

21 up to $6,000,000 may be available for the Science, Mathe22 matics, And Research for Transformation (SMART) Pilot 

23 Scholarship Program. 

24 SEC. 8126. Of the amount appropriated or otherwise 

25 made available by title II of this Act under the heading 
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1 ‘‘Operation and Maintenance, Defense-Wide’’, up to 

2 $5,000,000 may be available for Department of Defense 

3 Education Activity for the upgrading of security at Depart4 ment of Defense schools. 

5 SEC. 8127. Of the amount appropriated or otherwise 

6 made available by title IV of this Act under the heading 

7 ‘‘Research, Development, Test and Evaluation, Army’’, up 

8 to $3,000,000 may be available for Medical Advanced Tech9 nology for the Intravenous Membrane Oxygenator. 

10 SEC. 8128. It is the sense of the Senate that—

11 (1) the Global Hawk Maritime Demonstration 

12 Program should be expanded to include the participa13 tion of forward deployed forces of the Navy and the 

14 Marine Corps in the area of responsibility of the 

15 Commander of the United States Central Command; 

16 and 

17 (2) the Secretary of the Navy should compile the 

18 lessons learned in the conduct of the demonstration 

19 program specifically in that area of responsibility 

20 and incorporate those lessons into the ongoing activi21 ties of the demonstration program for the development 

22 of concepts of operations. 

23 SEC. 8129. Of the amount appropriated or otherwise 

24 made available by title IV of this Act under the heading 

25 ‘‘Research, Development, Test and Evaluation, Navy’’, up 
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1 to $3,000,000 may be available to establish the Consortium 

2 of Visualization Excellence for Underseas Warfare Modeling 

3 and Simulation (COVE). 

4 SEC. 8130. Of the amount appropriated by title IV 

5 under the heading ‘‘Operation and Maintenance, Army’’, 

6 up to $21,900,000 may be used for M1A1 Tank Trans7 mission Maintenance. 

8 SEC. 8131. Of the amount appropriated or otherwise 

9 made available by title IV of this Act under the heading 

10 ‘‘Research, Development, Test and Evaluation, Navy’’, up 

11 to $2,000,000 may be available to conduct a demonstration 

12 of a prototype of the Improved Shipboard Combat Informa13 tion Center. 

14 SEC. 8132. (a)(1) Notwithstanding section 514 of the 

15 Foreign Assistance Act of 1961 (22 U.S.C. 2321h), the 

16 President may transfer to Israel, in exchange for conces17 sions to be negotiated by the Secretary of Defense, with the 

18 concurrence of the Secretary of State, any or all of the items 

19 described in paragraph (2). 

20 (2) The items referred to in paragraph (1) are armor, 

21 artillery, automatic weapons ammunition, missiles, and 

22 other munitions that—

23 (A) are obsolete or surplus items; 

24 (B) are in the inventory of the Department of 

25 Defense; 
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1 (C) are intended for use as reserve stocks for 

2 Israel; and 

3 (D) as of the date of enactment of this Act, are 

4 located in a stockpile in Israel. 

5 (b) The value of concessions negotiated pursuant to 

6 subsection (a) shall be at least equal to the fair market value 

7 of the items transferred. The concessions may include cash 

8 compensation, services, waiver of charges otherwise payable 

9 by the United States, and other items of value. 

10 (c) Not later than 30 days before making a transfer 

11 under the authority of this section, the President shall 

12 transmit a notification of the proposed transfer to the Com13 mittees on Foreign Relations and Armed Services of the 

14 Senate and the Committees on International Relations and 

15 Armed Services of the House of Representatives. The notifi16 cation shall identify the items to be transferred and the con17 cessions to be received. 

18 (d) No transfer may be made under the authority of 

19 this section more than 2 years after the date of the enact20 ment of this Act. 

21 SEC. 8133. Section 514(b)(2) of the Foreign Assistance 

22 Act of 1961 (22 U.S.C. 2321h(b)(2)) is amended—

23 (1) in subparagraph (A), by striking ‘‘for fiscal 

24 year 2003’’ and inserting ‘‘for each of fiscal years 

25 2004 and 2005’’; and 
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1 (2) in subparagraph (B), by striking ‘‘for fiscal 

2 year 2003’’ and inserting ‘‘for a fiscal year’’. 

3 SEC. 8134. (a) AVAILABILITY OF AMOUNTFOR RE4 SEARCH, DEVELOPMENT, TESTAND EVALUATION, AIR

5 FORCE, FOR RADAR DEVELOPMENT.—Of The amount ap6 propriated or otherwise made available by title IV of this 

7 Act under the heading ‘‘Research, Development, Test, and 

8 Evaluation, Air Force’’, $7,000,000 may be available for 

9 AN/APG–68(V)10 radar development for F–16 aircraft. 

10 (b) CONSTRUCTION OF AMOUNT.—The amount avail11 able under subsection (a) for the purpose specified in that 

12 subsection is in addition to any other amounts available 

13 in this Act for that purpose. 

14 SEC. 8135. Of the amount appropriated in title IV 

15 under the heading ‘‘Operational Test and Evaluation, De16 fense’’ up to $5,000,000 may be made available for the Joint 

17 Test and Training Rapid Advanced Capabilities 

18 (JTTRAC) Program. 

19 SEC. 8136. (a) Public Law 108–199 is amended in di20 vision F, title I, section 110(g) by striking ‘‘Of the’’ and 

21 inserting ‘‘Prior to distributing’’; striking ‘‘each’’ every 

22 time it appears and inserting ‘‘the’’; striking ‘‘project’’ 

23 every time it appears and inserting ‘‘projects’’. 

24 (b) The limitation under the heading ‘‘Federal-aid 

25 Highways (Limitation on Obligations) (Highway Trust 
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1 Fund)’’ in Public Law 108–199 is increased by such sums 

2 as may be necessary to ensure that each State receives an 

3 amount of obligation authority equal to what each State 

4 would have received under section 110(a)(6) of Public Law 

5 108–199 but for the amendment made to section 110(g) of 

6 Public Law 108–199 by subsection (a) of this section: Pro7 vided, That such additional authority shall remain avail8 able during fiscal years 2004 and 2005. 

9 SEC. 8137. It is the sense of the Senate that—

10 (1) any request for funds for a fiscal year for an 

11 ongoing military operation overseas, including oper12 ations in Afghanistan and Iraq, should be included in 

13 the annual budget of the President for such fiscal year 

14 as submitted to Congress under section 1105(a) of 

15 title 31, United States Code; and 

16 (2) any funds provided for such fiscal year for 

17 such a military operation should be provided in ap18 propriations Acts for such fiscal year through appro19 priations to specific accounts set forth in such Acts. 

20 SEC. 8138. Of the amount appropriated or otherwise 

21 made available by title IV of the Act under the heading 

22 ‘‘Research, Development, Test and Evaluation, Army’’, up 

23 to $5,000,000 may be available for the Broad Area Un24 manned Responsive Resupply Operations aircraft program. 
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1 SEC. 8139. Of the amount appropriated by title IV 

2 under the heading ‘‘Research, Development, Test and Eval3 uation, Navy’’, up to $2,000,000 may be used for Handheld 

4 Breath Diagnostics. 

5 SEC. 8140. Of the amount appropriated by title IV 

6 under the heading ‘‘Research, Development, Test and Eval7 uation, Navy’’, up to $1,800,000 may be used for the Joint 

8 Logistics Information System program for the automated 

9 scheduling tool. 

10 SEC. 8141. Of the amount appropriated in title IV 

11 under the heading ‘‘Research, Development, Test and Eval12 uation, Navy’’, up to $4,000,000 may be used for the Anti13 Sniper Infrared Targeting System. 

14 SEC. 8142. Of the amount appropriated or otherwise 

15 made available by title IV of this Act under the heading 

16 ‘‘Research, Development, Test and Evaluation, Army’’ and 

17 available for End Item Industrial Preparedness Activities, 

18 up to $3,500,000 may be available for Laser Peening for 

19 Army helicopters. 

20 SEC. 8143. Of the amount appropriated or otherwise 

21 made available by title IV of this Act under the heading 

22 ‘‘Research, Development, Test and Evaluation, Air Force’’, 

23 up to $2,000,000 may be available for Composites for Un24 manned Air Vehicles. 
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1 SEC. 8144. Of the amount appropriated or otherwise 

2 made available by title IV of this Act under the heading 

3 ‘‘Research, Development, Test and Evaluation, Defense4 Wide’’, up to $4,500,000 may be available for development 

5 of the Suicide Bomber Detection System Using a Portable 

6 Electronic Scanning Millimeter-Wave Imaging RADAR. 

7 SEC. 8145. Of the funds available in ‘‘Research, Devel8 opment, Test and Evaluation, Navy’’, up to $3,000,000 

9 may be made available for the ‘Mobile On-Scene Sensor Air10 craft Intelligence Command, Control and Computer Center’. 

11 SEC. 8146. Of the funds available in ‘‘Research, Devel12 opment, Test and Evaluation, Army’’, up to $2,000,000 

13 may be made available for ‘Care of Battlefield Wounds’. 

14 SEC. 8147. Of the amount appropriated or otherwise 

15 made available by title IV of this Act under the heading 

16 ‘‘Research, Development, Test and Evaluation, Army’’, up 

17 to $3,000,000 may be available to establish redundant sys18 tems to ensure continuity of operations and disaster recov19 ery at the United States Army Intelligence and Security 

20 Command’s Intelligence Dominance Center. 

21 SEC. 8148. Of the amounts appropriated by title IV 

22 under the heading ‘‘Research, Development, Test and Eval23 uation, Army’’ and available for electronic warfare tech24 nology, up to $2,000,000 may be made available for the 

25 Subterranean Target Identification Program. 
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1 SEC. 8149. Of the amounts appropriated by title IV 

2 under the heading ‘‘Research, Development, Test and Eval3 uation, Army’’ and available for Defense Research Sciences, 

4 up to $2,000,000 may be made available for the Program 

5 for Intelligence Validation. 

6 SEC. 8150. It is the sense of the Senate that—

7 (1) funds appropriated by title IV under the 

8 heading ‘‘Research, Development, Test and Evalua9 tion, Defense-Wide’’ for chemical and biological de10 fense programs should be made available for the con11 tinued development of an end-to-end point of care 

12 clinical diagnostic network to combat terrorism; and 

13 (2) such funds should be distributed to partner14 ships that combine universities and non-profit orga15 nizations with industrial partners to ensure the rapid 

16 implementation of such clinical diagnostic network 

17 for clinical use. 

18 SEC. 8151. Of the amounts appropriated by title IV 

19 under the heading ‘‘Research, Development, Test and Eval20 uation, Air Force’’ and available for aerospace propulsion 

21 and technology, up to $3,000,000 may be made available 

22 for the Versatile, Advanced Affordable Turbine Engine. 

23 SEC. 8152. Of the amount appropriated or otherwise 

24 made available by title IV of this Act under the heading 
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1 ‘‘Research, Development, Test, and Evaluation, Air Force’’, 

2 up to $5,000,000 may be available for X–43C development. 

3 SEC. 8153. Of the amount appropriated or otherwise 

4 made available by title IV of this Act under the heading 

5 ‘‘Research, Development, Test, and Evaluation, Defense6 Wide’’, up to $5,000,000 may be available for medical 

7 equipment and combat casualty care technologies. 

8 SEC. 8154. Of the funds appropriated, up to 

9 $2,000,000 may be available for the Advanced Composite 

10 Radome Project. 

11 SEC. 8155. Notwithstanding any other provision of 

12 law, the Secretary of the Air Force may, using funds avail13 able to the Air Force, demolish or provide for the demolition 

14 of any facilities or other improvements on real property at 

15 the former Wurtsmith Air Force Base. 

16 SEC. 8156. Of the amount appropriated by title III 

17 under the heading ‘‘Aircraft Procurement, Air Force’’, up 

18 to $7,000,000 may be available for F–16 Theater Airborne 

19 Reconnaissance System upgrades. 

20 SEC. 8157. For the purposes of applying sections 204 

21 and 605 of the Departments of Commerce, Justice, and 

22 State, the Judiciary, and Related Agencies Appropriations 

23 Act, 2004 (division B of Public Law 108–199) to matters 

24 in title II of such Act under the heading ‘‘National Institute 

25 of Standards and Technology’’ (118 Stat. 69), in the ac-
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1 count under the heading ‘‘Industrial Technology Services’’, 

2 the Secretary of Commerce shall make all determinations 

3 based on the Industrial Technology Services funding level 

4 of $218,782,000 for reprogramming and transferring of 

5 funds for the Manufacturing Extension Partnership pro6 gram and may submit such a reprogramming or transfer, 

7 as the case may be, to the appropriate committees within 

8 30 days after the date of the enactment of this Act. 

9 SEC. 8158. (a)(1) Not later than 180 days after the 

10 date of the enactment of this Act, the Secretary of Defense 

11 shall submit to Congress a report on mental health services 

12 available to members of the Armed Forces and their depend13 ents. 

14 (2) The report required under paragraph (1) shall in15 clude the following: 

16 (A) A comprehensive review of mental health 

17 services that are available—

18 (i) to members of the Armed Forces who are 

19 deployed in combat theaters; 

20 (ii) to members of the Armed Forces at any 

21 facilities in the United States; and 

22 (iii) to dependents of members of the Armed 

23 Forces during and after deployment of members 

24 overseas. 
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1 (B) Data on the average number of service days 

2 since September 11, 2001, on which members of the 

3 Armed Forces were absent or excused from duty for 

4 mental health reasons. 

5 (C) A description of the current procedures for 

6 reducing the negative perceptions among members of 

7 the Armed Services that are often associated with 

8 mental health counseling. 

9 (D) A description of—

10 (i) the mental health services available to 

11 members of the Armed Forces, including mem12 bers of the reserve components, and their depend13 ents; and 

14 (ii) the barriers to access to such services. 

15 (E) An analysis of the extent to which the Sec16 retary of the Army has implemented the recommenda17 tions on mental health services that were made by the 

18 Mental Health Advisory Team of the Army on March 

19 25, 2004. 

20 (F) A plan for actions that the Secretary deter21 mines appropriate for improving the delivery of ap22 propriate mental health services to members of the 

23 Armed Forces and their dependents. 
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1 (b) Not later than 360 days after the date of the enact2 ment of this Act, the Secretary of Defense shall submit to 

3 Congress a report that describes—

4 (1) the actions taken to implement the plan sub5 mitted under subsection (a)(2)(F); and 

6 (2) the reasons why actions in the plan have not 

7 been completed, if any. 

8 SEC. 8159. Of the amount appropriated or otherwise 

9 made available by title IV of this Act under the heading 

10 ‘‘Research, Development, Test and Evaluation, Navy’’, up 

11 to $5,000,000 may be available for support of the TIGER 

12 pathogen detection system. 

13 SEC. 8160. (a) RESCISSION.—There is rescinded an 

14 amount equal to $795,280 from the amount appropriated 

15 to carry out part B of title VII of the Higher Education 

16 Act of 1965, in title III of division E of the Consolidated 

17 Appropriations Act, 2004 (Public Law 108–199; 118 Stat. 

18 3). This amount shall reduce the funds available for the 

19 projects specified in the statement of the managers on the 

20 Conference Report 108–401 accompanying the Consolidated 

21 Appropriations Act, 2004 (Public Law 108–199; 118 Stat. 

22 3). 

23 (b) DISREGARD AMOUNT.—In the statement of the 

24 managers on the Conference Report 108–401 accompanying 

25 the Consolidated Appropriations Act, 2004 (Public Law 
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1 108–199; 118 Stat. 3), in the matter in title III of division 

2 E, relating to the Fund for the Improvement of Postsec3 ondary Education under the heading ‘‘Higher Education’’, 

4 the provision specifying $800,000 for Wahpeton State 

5 School of Science and North Dakota State University to re6 cruit, retain and train pharmacy technicians shall be dis7 regarded. 

8 (c) APPROPRIATION.—There is appropriated an 

9 amount equal to $795,280 to the Department of Labor, Em10 ployment and Training Administration for ‘‘Training and 

11 Employment Services,’’ available for obligation for the pe12 riod from July 1, 2004, through June 30, 2005, of which—

13 (1) $200,000 shall be made available to the 

14 North Dakota State School of Science to recruit, re15 tain, and train pharmacy technicians; 

16 (2) $297,640 shall be made available to Bis17 marck State College for training and education re18 lated to its electric power plant technologies cur19 riculum; and 

20 (3) $297,640 shall be made available for Minot 

21 State University for the Job Corps Fellowship Train22 ing Program. 

23 SEC. 8161. Of the amount appropriated by title IV 

24 under the heading ‘‘Research, Development, Test and Eval-
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1 uation, Army’’, up to $2,500,000 may be used for small 

2 business development and transition. 

3 TITLE IX 

4 CONTINGENT EMERGENCY RESERVE FUND 

5 IRAQ FREEDOM FUND

6 (INCLUDING TRANSFER OF FUNDS)

7 For ‘‘Iraq Freedom Fund’’, $25,000,000,000, available 

8 upon enactment, and to remain available for transfer until 

9 September 30, 2006, only to support operations in Iraq or 

10 Afghanistan: Provided, That the entire amount is des11 ignated by the Congress as an emergency requirement pur12 suant to section 502 of H. Con. Res. 95, the concurrent reso13 lution on the budget for fiscal year 2004: Provided further, 

14 That the funds made available under this heading shall be 

15 available only to the extent that an official budget request 

16 for all or part of the funds is transmitted by the President 

17 to the Congress and includes designation of the amount of 

18 that request as an emergency and essential to support ac19 tivities and agencies in Iraq or Afghanistan: Provided fur20 ther, That amounts provided under this heading shall be 

21 available for transfer for the following activities: 

22 Not less than $14,000,000,000 for ‘‘Operation 

23 and Maintenance, Army’’; 

24 Not less than $500,000,000 for ‘‘Operation and 

25 Maintenance, Navy’’; 
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1 Not less than $2,200,000,000 for ‘‘Operation and 

2 Maintenance, Marine Corps’’; 

3 Not less than $200,000,000 for ‘‘Operation and 

4 Maintenance, Air Force’’; 

5 Not less than $695,400,000 for ‘‘Operation and 

6 Maintenance, Defense-Wide’’; 

7 Not less than $1,750,000,000 for procurement ac8 counts for the purposes of improving Army force pro9 tection, accelerating Army modularity, and procuring 

10 essential Army equipment and munitions; 

11 Not less than $554,000,000 for procurement ac12 counts for the purposes of improving Marine Corps 

13 force protection, and procuring essential Navy and 

14 Marine Corps equipment and munitions; 

15 Not less than $746,000,000 for ‘‘Defense Health 

16 Program’’, to include contracts entered into under the 

17 TRICARE program, notwithstanding restrictions 

18 contained elsewhere in this Act; 

19 $1,250,000,000 only for classified programs de20 scribed in further detail in the classified annex ac21 companying this Act; 

22 Not less than $100,000,000 for ‘‘Operation and 

23 Maintenance, Army’’ for the purposes of securing and 

24 destroying conventional munitions in Iraq; 
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1 Not less than $504,600,000 for military per2 sonnel accounts; 

3 Up to $740,000,000 for ‘‘Defense Working Cap4 ital Funds’’ for increased fuel costs; 

5 Up to $100,000,000 for ‘‘National Guard and 

6 Reserve Equipment’’; 

7 Up to $100,000,000 for the Department of 

8 Homeland Security, ‘‘United States Coast Guard, Op9 erating Expenses’’: 

10 Provided further, That in addition to the transfers author11 ized in the preceding proviso, the Secretary of Defense may 

12 transfer the funds provided herein to appropriations for 

13 military personnel; operation and maintenance; ‘‘Overseas 

14 Humanitarian, Disaster Assistance, and Civic Aid’’; pro15 curement; research, development, test and evaluation; ‘‘De16 fense Working Capital Funds’’; and ‘‘Defense Health Pro17 gram’’: Provided further, That the funds transferred under 

18 this heading shall be merged with and shall be available 

19 for the same purposes and for the same time period, as the 

20 appropriation to which transferred: Provided further, That 

21 the transfer authority provided in this paragraph is in ad22 dition to any other transfer authority available to the De23 partment of Defense: Provided further, That upon a deter24 mination that all or part of the funds transferred from this 

25 appropriation are not necessary for the purposes provided 
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1 herein, such amounts may be transferred back to this appro2 priation: Provided further, That the Secretary of Defense 

3 shall, not fewer than 5 days prior to making transfers from 

4 this appropriation, notify the congressional defense commit5 tees in writing of the details of any such transfer: Provided 

6 further, That the Secretary of Defense shall submit a report 

7 no later than 30 days after the end of each fiscal quarter 

8 to the congressional defense committees summarizing the de9 tails of the transfer of funds from this appropriation. 

10 GENERAL PROVISIONS, TITLE IX 

11 SEC. 9001. During the current fiscal year, funds avail12 able to the Department of Defense for operation and mainte13 nance may be used, notwithstanding any other provision 

14 of law, to provide supplies, services, transportation, includ15 ing airlift and sealift, and other logistical support to coali16 tion forces supporting military and stability operations in 

17 Iraq and Afghanistan: Provided, That the Secretary of De18 fense shall provide quarterly reports to the congressional de19 fense committees regarding support provided under this sec20 tion. 

21 SEC. 9002. Notwithstanding any other provision of 

22 law, from funds made available in this Act to the Depart23 ment of Defense under the heading ‘‘Operation and Mainte24 nance, Defense-Wide’’, not to exceed $250,000,000 may be 

25 used by the Secretary of Defense, with the concurrence of 
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1 the Secretary of State, to provide assistance only to the New 

2 Iraqi Army and the Afghan National Army to enhance their 

3 capability to combat terrorism and to support U.S. mili4 tary operations in Iraq and Afghanistan: Provided, That 

5 such assistance may include the provision of equipment, 

6 supplies, services, training and funding: Provided further, 

7 That the authority to provide assistance under this section 

8 is in addition to any other authority to provide assistance 

9 to foreign nations: Provided further, That the Secretary of 

10 Defense shall notify the congressional defense committees 

11 not less than 15 days before providing assistance under the 

12 authority of this section. 

13 SEC. 9003. During the current fiscal year, from funds 

14 made available in this Act to the Department of Defense 

15 for operation and maintenance, not to exceed $300,000,000 

16 may be used, notwithstanding any other provision of law, 

17 to fund the Commander’s Emergency Response Program, es18 tablished by the Administrator of the Coalition Provisional 

19 Authority for the purpose of enabling military commanders 

20 in Iraq to respond to urgent humanitarian relief and recon21 struction requirements within their areas of responsibility 

22 by carrying out programs that will immediately assist the 

23 Iraqi people, and to fund a similar program to assist the 

24 people of Afghanistan: Provided, That the Secretary of De25 fense shall provide quarterly reports to the congressional de-
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1 fense committees regarding the source of funds and the allo2 cation and use of funds made available pursuant to the au3 thority provided in this section. 

4 SEC. 9004. Section 202(b) of the Afghanistan Freedom 

5 Support Act of 2002 (Public Law 107–327, as amended by 

6 section 2206 of Public Law 108–106) is amended by strik7 ing ‘‘$450,000,000’’ and inserting in lieu of thereof 

8 ‘‘$550,000,000’’. 

9 SEC. 9005. None of the funds provided in this title may 

10 be used to finance programs or activities denied by Congress 

11 in fiscal years 2004 and 2005 appropriations to the De12 partment of Defense or to initiate a procurement or re13 search, development, test and evaluation new start program 

14 without 30 days prior written notification to the congres15 sional defense committees. 

16 SEC. 9006. In addition to amounts otherwise made 

17 available in this Act, $50,000,000, is made available upon 

18 enactment for ‘‘Office of Justice Programs—State and 

19 Local Law Enforcement Assistance’’ for discretionary 

20 grants under the Edward Byrne Memorial State and Local 

21 Law Enforcement Assistance Programs for reimbursement 

22 to State and local law enforcement entities for security and 

23 related costs, including overtime, associated with the 2004 

24 Presidential Candidate Nominating Conventions, to remain 

25 available until September 30, 2005: Provided, That from 
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1 funds provided in this section the Office of Justice Pro2 grams shall make grants in the amount of $25,000,000 to 

3 the City of Boston, Massachusetts; and $25,000,000 to the 

4 City of New York, New York: Provided further, That the 

5 entire amount is designated by the Congress as an emer6 gency requirement pursuant to section 502 of H. Con. Res. 

7 95, the concurrent resolution on the budget for fiscal year 

8 2004: Provided further, That the entire amount shall be 

9 available only to the extent that an official budget request 

10 for $50,000,000, that includes designation of the entire 

11 amount of the request as an emergency requirement as de12 fined in H. Con. Res. 95, the concurrent resolution on the 

13 budget for fiscal year 2004, is transmitted by the President 

14 to the Congress. 

15 TITLE X 

16 BILATERAL ECONOMIC ASSISTANCE 

17 FUNDS APPROPRIATED TO THE PRESIDENT 

18 UNITED STATES AGENCY FOR INTERNATIONAL

19 DEVELOPMENT

20 INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

21 For an additional amount for ‘‘International Disaster 

22 and Famine Assistance’’, $70,000,000, to remain available 

23 until expended: Provided, That funds appropriated by this 

24 paragraph shall be available to respond to the humani25 tarian crisis in the Darfur region of Sudan and in Chad: 
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1 Provided further, That such amount is designated as an 

2 emergency requirement pursuant to section 502 of H. Con. 

3 Res. 95 (108th Congress): Provided further, That such 

4 amount shall be available only to the extent that an official 

5 budget request for a specific dollar amount, that includes 

6 designation of the entire amount of the request as an emer7 gency requirement as defined in H. Con. Res. 95 (108th 

8 Congress), is transmitted by the President to Congress: Pro9 vided further, That funds shall be made available under this 

10 heading immediately upon enactment of this Act. 

11 DEPARTMENT OF STATE

12 MIGRATION AND REFUGEE ASSISTANCE

13 For an additional amount for ‘‘Migration and Refugee 

14 Assistance’’, $25,000,000, to remain available until ex15 pended: Provided, That funds appropriated by this para16 graph shall be available to respond to the humanitarian 

17 crisis in the Darfur region of Sudan and in Chad: Provided 

18 further, That such amount is designated as an emergency 

19 requirement pursuant to section 502 of H. Con. Res. 95 

20 (108th Congress): Provided further, That such amount shall 

21 be available only to the extent that an official budget request 

22 for a specific dollar amount, that includes designation of 

23 the entire amount of the request as an emergency require24 ment as defined in H. Con. Res. 95 (108th Congress), is 

25 transmitted by the President to Congress: Provided further, 
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1 That funds shall be made available under this heading im2 mediately upon enactment of this Act. 

3 This Act may be cited as the ‘‘Department of Defense 

4 Appropriations Act, 2005’’.

Passed the House of Representatives June 22, 2004. 

Attest: JEFF TRANDAHL, 

Clerk.

Passed the Senate June 24, 2004. 

Attest: EMILY J. REYNOLDS, 

Secretary. 

108TH CONGRESS 

2D SESSION H. R. 4613

AMENDMENT

June 21, 2004

Ordered to be printed with the amendment 

of the Senate