any other provision of law, the Secretary of Defense is
authorized to transfer such funds to other activities of the
Federal Government.
SEC. 8087. Section 8106 of the Department of De-
fense Appropriations Act, 1997 (titles I through VIII of
the matter under subsection 101(b) of Public Law 104–
208; 110 Stat. 3009–111; 10 U.S.C. 113 note) shall con-
tinue in effect to apply to disbursements that are made
by the Department of Defense in fiscal year 2005.
SEC. 8088. In addition to amounts provided else-
where in this Act, $2,000,000 is hereby appropriated for
‘‘Defense Health Program’’, to remain available for obli-
gation until expended: Provided, That notwithstanding
any other provision of law, these funds shall be available
only for a grant to the Fisher House Foundation, Inc.,
only for the construction and furnishing of additional
Fisher Houses to meet the needs of military family mem-
bers when confronted with the illness or hospitalization of
an eligible military beneficiary.
SEC. 8089. Amounts appropriated in title II of this
Act are hereby reduced by $300,000,000 to reflect savings
attributable to efficiencies and management improvements
in the funding of miscellaneous or other contracts in the
military departments, as follows:
(1) From ‘‘Operation and Maintenance, Army’’,
$66,700,000.
(2) From ‘‘Operation and Maintenance, Navy’’,
$77,900,000.
(3) From ‘‘Operation and Maintenance, Marine
Corps’’, $6,100,000.
(4) From ‘‘Operation and Maintenance, Air
Force’’, $149,300,000.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8090. Of the amounts appropriated in this Act
under the heading ‘‘Research, Development, Test and
Evaluation, Defense-Wide’’, $87,290,000 shall be avail-
able for the Arrow missile defense program, of which
$25,000,000 shall be for producing Arrow missile compo-
nents in the United States and Arrow missile components
and missiles in Israel to meet Israel’s defense require-
ments, consistent with each nation’s laws, regulations and
procedures: Provided further, That funds made available
under this provision for production of missiles and missile
components may be transferred to appropriations available
for the procurement of weapons and equipment, to be
merged with and to be available for the same time period
and the same purposes as the appropriation to which
transferred: Provided further, That the transfer authority
provided under this provision is in addition to any other
transfer authority contained in this Act.
SEC. 8091. Notwithstanding any other provision of
law, of the amounts provided in this Act and in Public
Law 108–87 under the heading ‘‘Research, Development,
Test and Evaluation, Navy’’, $1,500,000, and $500,000,
respectively, shall be available for a grant (or grants) to
the California Central Coast Research Partnership
(C3RP) through the California Polytechnic State Univer-
sity Foundation, for costs related to Office of Naval Re-
search agreements: Provided, That the Secretary of the
Navy shall make said grant (or grants) within 90 days
of the enactment of this Act.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8092. Of the amounts appropriated in this Act
under the heading ‘‘Shipbuilding and Conversion, Navy’’,
$484,390,000 shall be available until September 30, 2005,
to fund prior year shipbuilding cost increases: Provided,
That upon enactment of this Act, the Secretary of Defense
shall transfer such funds to the following appropriations
in the amount specified: Provided further, That the
amounts transferred shall be merged with and be available
for the same purposes as the appropriations to which
transferred:
To:
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1996/05’’:
LPD–17 Amphibious Transport Dock Ship
Program, $55,000,000.
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1999/05’’:
New SSN, $10,000,000.
LPD–17 Amphibious Transport Dock Ship
Program, $38,100,000.
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 2000/05’’:
DDG–51 
Destroyer 
Program,
$44,963,000.
LPD–17 Amphibious Transport Dock Ship
Program, $171,681,000.
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 2001/05’’:
DDG–51 
Destroyer 
Program,
$83,316,000.
New SSN, $67,330,000.
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 2002/05’’:
LCAC SLEP, $2,100,000.
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 2003/05’’:
LCAC SLEP, $11,900,000:
100
Provided further, That section 126 of the National De-
fense Authorization Act for Fiscal Year 2004 (Public Law
108–136; 117 Stat. 1410; 10 U.S.C. 7291 note) is re-
pealed.
SEC. 8093. The Secretary of the Navy may settle,
or compromise, and pay any and all admiralty claims
under 10 U.S.C. 7622 arising out of the collision involving
the U.S.S. GREENEVILLE and the EHIME MARU, in
any amount and without regard to the monetary limita-
tions in subsections (a) and (b) of that section: Provided,
That such payments shall be made from funds available
to the Department of the Navy for operation and mainte-
nance.
SEC. 8094. Notwithstanding any other provision of
law or regulation, the Secretary of Defense may hereafter
exercise the provisions of 38 U.S.C. 7403(g) for occupa-
tions listed in 38 U.S.C. 7403(a)(2) as well as the fol-
lowing:
Pharmacists, Audiologists, and Dental Hygien-
ists.
(A) 
The 
requirements 
of 
U.S.C.
7403(g)(1)(A) shall apply.
(B) The limitations of 38 U.S.C. 7403(g)(1)(B)
shall not apply.
101
SEC. 8095. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for intel-
ligence activities are deemed to be specifically authorized
by the Congress for purposes of section 504 of the Na-
tional Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2005 until the enactment of the Intelligence Author-
ization Act for fiscal year 2005.
SEC. 8096. The total amount appropriated in title IV
of this Act is hereby reduced by $270,000,000 to reduce
cost growth in information technology development and
modernization, to be derived as follows:
(1) From ‘‘Research, Development, Test and
Evaluation, Army’’, $60,000,000.
(2) From ‘‘Research, Development, Test and
Evaluation, Navy’’, $29,000,000.
(3) From ‘‘Research, Development, Test and
Evaluation, Air Force’’, $72,000,000.
(4) From ‘‘Research, Development, Test and
Evaluation, Defense-Wide’’, $109,000,000.
SEC. 8097. None of the funds in this Act may be
used to initiate a new start program without prior notifica-
tion to the Office of Secretary of Defense and the congres-
sional defense committees.
SEC. 8098. The amounts appropriated in title II of
this Act are hereby reduced by $316,000,000 to reflect
102
cash balance and rate stabilization adjustments in Depart-
ment of Defense Working Capital Funds, as follows:
(1) From ‘‘Operation and Maintenance, Navy’’,
$150,000,000.
(2) From ‘‘Operation and Maintenance, Air
Force’’, $166,000,000.
SEC. 8099. (a) In addition to the amounts provided
elsewhere in this Act, the amount of $6,000,000 is hereby
appropriated to the Department of Defense for ‘‘Oper-
ation and Maintenance, Army National Guard’’. Such
amount shall be made available to the Secretary of the
Army only to make a grant in the amount of $6,000,000
to the entity specified in subsection (b) to facilitate access
by veterans to opportunities for skilled employment in the
construction industry.
(b) The entity referred to in subsection (a) is the
Center for Military Recruitment, Assessment and Vet-
erans Employment, a nonprofit labor-management co-op-
eration committee provided for by section 302(c)(9) of the
Labor-Management Relations Act, 1947 (29 U.S.C.
186(c)(9)), for the purposes set forth in section 6(b) of
the Labor Management Cooperation Act of 1978 (29
U.S.C. 175a note).
SEC. 8100. FINANCING AND FIELDING OF KEY ARMY
CAPABILITIES.—The Department of Defense and the De-
103
partment of the Army shall make future budgetary and
programming plans to fully finance the Non-Line of Sight
Future Force cannon and resupply vehicle program
(NLOS–C) in order to field this system in fiscal year
2010, consistent with the broader plan to field the Future
Combat System (FCS) in fiscal year 2010: Provided, That
if the Army is precluded from fielding the FCS program
by fiscal year 2010, then the Army shall develop the
NLOS–C independent of the broader FCS development
timeline to achieve fielding by fiscal year 2010. In addition
the Army will deliver eight (8) combat operational pre-
production NLOS–C systems by the end of calendar year
2008. These systems shall be in addition to those systems
necessary for developmental and operational testing: Pro-
vided further, That the Army shall ensure that budgetary
and programmatic plans will provide for no fewer that
seven (7) Stryker Brigade Combat Teams to be fielded
no later than fiscal year 2009.
SEC. 8101. In addition to the amounts appropriated
or otherwise made available elsewhere in this Act,
$6,600,000 is hereby appropriated to the Department of
Defense, to remain available until September 30, 2005:
Provided, That the Secretary of Defense shall make grants
in the amount of $2,100,000 to the Intrepid Sea-Air-
Space Foundation; $2,500,000 to the Presidio Trust only
104
for renovations of the parade field; and $2,000,000 to the
Fort Ticonderoga Association.
SEC. 8102. None of the funds appropriated in this
Act under the heading ‘‘Overseas Contingency Operations
Transfer Account’’ may be transferred or obligated for
Department of Defense expenses not directly related to the
conduct of overseas contingencies: Provided, That the Sec-
retary of Defense shall submit a report no later than 30
days after the end of each fiscal quarter to the Committees
on Appropriations of the Senate and House of Representa-
tives that details any transfer of funds from the ‘‘Overseas
Contingency Operations Transfer Account’’: Provided fur-
ther, That the report shall explain any transfer for the
maintenance of real property, pay of civilian personnel,
base operations support, and weapon, vehicle or equipment
maintenance.
SEC. 8103. For purposes of section 1553(b) of title
31, United States Code, any subdivision of appropriations
made in this Act under the heading ‘‘Shipbuilding and
Conversion, Navy’’ shall be considered to be for the same
purpose as any subdivision under the heading ‘‘Ship-
building and Conversion, Navy’’ appropriations in any
prior fiscal year, and the 1 percent limitation shall apply
to the total amount of the appropriation.
105
SEC. 8104. The budget of the President for fiscal
year 2006 submitted to the Congress pursuant to section
1105 of title 31, United States Code shall include separate
budget justification documents for costs of United States
Armed Forces’ participation in contingency operations for
the Military Personnel accounts, the Operation and Main-
tenance accounts, and the Procurement accounts: Pro-
vided, That these documents shall include a description
of the funding requested for each contingency operation,
for each military service, to include all Active and Reserve
components, and for each appropriations account: Pro-
vided further, That these documents shall include esti-
mated costs for each element of expense or object class,
a reconciliation of increases and decreases for each contin-
gency operation, and programmatic data including, but
not limited to, troop strength for each Active and Reserve
component, and estimates of the major weapons systems
deployed in support of each contingency: Provided further,
That these documents shall include budget exhibits OP–
5 and OP–32 (as defined in the Department of Defense
Financial Management Regulation) for all contingency op-
erations for the budget year and the two preceding fiscal
years.
SEC. 8105. None of the funds in this Act may be
used for research, development, test, evaluation, procure-
106
ment or deployment of nuclear armed interceptors of a
missile defense system.
SEC. 8106. Of the amounts provided in title II of this
Act under the heading, ‘‘Operation and Maintenance, De-
fense-Wide’’, $20,000,000 is available for the Regional
Defense Counter-terrorism Fellowship Program, to fund
the education and training of foreign military officers,
ministry of defense civilians, and other foreign security of-
ficials, to include United States military officers and civil-
ian officials whose participation directly contributes to the
education and training of these foreign students.
SEC. 8107. None of the funds appropriated or made
available in this Act shall be used to reduce or disestablish
the operation of the 53rd Weather Reconnaissance Squad-
ron of the Air Force Reserve, if such action would reduce
the WC–130 Weather Reconnaissance mission below the
levels funded in this Act: Provided, That the Air Force
shall allow the 53rd Weather Reconnaissance Squadron to
perform other missions in support of national defense re-
quirements during the non-hurricane season.
SEC. 8108. (a) LAND CONVEYANCES, NORTON AIR
FORCE BASE, CALIFORNIA.—(1) FOREST SERVICE CON-
VEYANCE.—Subject to paragraph (2), the Secretary of Ag-
riculture shall convey to the Inland Valley Development
Agency all right, title, and interest of the United States
107
in and to a parcel of real property consisting of approxi-
mately 3.74 acres designated as parcel D–1 (including the
former Air Force S–2 Headquarters Building) on the
former Norton Air Force Base, California.
(2) As consideration for the transfer under paragraph
(1), the Inland Valley Development Agency shall execute
a long-term ground lease with the Secretary of Agri-
culture, upon terms acceptable to the Federal Aviation Ad-
ministration, to provide the United States Forest Service
with a replacement parcel of land of approximately 7.5
acres at the San Bernardino International Airport adja-
cent to current facilities of the Forest Service to be used
for aeronautical purposes in furtherance of wildfire pre-
vention and containment.
(b) AIR FORCE CONVEYANCE.—(1) Subject to para-
graph (2), the Secretary of the Air Force shall convey to
the Inland Valley Development Agency all right, title, and
interest of the United States in and to certain parcels of
real property, including improvements thereon, located on
or adjacent to the former Norton Air Force Base, Cali-
fornia, that as of the date of the enactment of this Act
have been determined through a record of decision to be
eligible to be transferred to, or held in trust for, the San
Manuel Band of Mission Indians.
108
(2) The Secretary of the Air Force shall make a con-
veyance under paragraph (1) with respect to any parcel
of real property to which that paragraph applies only upon
delivery to the Secretary of an instrument executed by the
San Manuel Band of Mission Indians that releases and
extinguishes any real property interest of the San Manuel
Band of Mission Indians in that parcel of real property.
SEC. 8109. (a) The total amount appropriated or oth-
erwise made available in titles III and IV of this Act is
hereby reduced by $345,000,000 to reflect savings from
revised economic assumptions, to be distributed as follows:
‘‘Title III’’, $189,000,000; and
‘‘Title IV’’, $156,000,000.
(b) The Secretary of Defense shall allocate this re-
duction proportionately to each program, project, and ac-
tivity within each applicable appropriation account.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8110. (a) The amount appropriated in title II
for ‘‘Operation and Maintenance, Air Force’’ is hereby re-
duced by $967,200,000 to reflect cash balance and rate
stabilization adjustments in the Department of Defense
Transportation Working Capital Fund.
(b) Not later than 120 days after the date of the en-
actment of this Act, the Secretary of Defense shall trans-
fer $967,200,000 from the Department of Defense Trans-
109
portation Working Capital Fund to ‘‘Operation and Main-
tenance, Air Force’’ to offset the reduction made by sub-
section (a). The transfer required by this subsection is in
addition to any other transfer authority provided to the
Department of Defense.
SEC. 8111. None of the funds provided in this Act
shall be available for integration of foreign intelligence in-
formation unless the information has been lawfully col-
lected and processed during the conduct of authorized for-
eign intelligence activities: Provided, That information
pertaining to United States persons shall only be handled
in accordance with protections provided in the Fourth
Amendment of the United States Constitution as imple-
mented through Executive Order No. 12333.
SEC. 8112. Section 8149(b) of the Department of De-
fense Appropriations Act, 2003 (Public Law 107–248; 10
U.S.C. 2784 note), shall remain in effect for fiscal year
2005.
SEC. 8113. Amounts appropriated in this Act may
be used by the Department of Defense for the purchase
of heavy and light armored vehicles for force protection
purposes, notwithstanding price or other limitations appli-
cable to the purchase of passenger carrying vehicles under
section 1343 of title 31, United States Code, or any other
provision of law: Provided, That the Secretary of Defense
110
shall submit a report no later than 30 days after the end
of each fiscal quarter notifying the congressional defense
committees of any purchase described in this section, in-
cluding the cost, purposes, and quantities of vehicles pur-
chased.
SEC. 8114. Of the amount appropriated under the
heading ‘‘Operation and Maintenance, Marine Corps’’ for
the Marine Corps Air-Ground Task Force Training Cen-
ter, Twenty Nine Palms, California, $4,500,000 shall be
available to the Secretary of the Navy to enter into a con-
tract, notwithstanding any other provision of law, for the
widening of Adobe Road, which is used by members of
the Marine Corps stationed at the installation and their
dependents, and for construction of pedestrian and bike
lanes for the road, to provide for the safety of the Marines
stationed at the installation.
SEC. 8115. In addition to amounts appropriated or
otherwise made available in this Act, there is hereby ap-
propriated $3,000,000, for ‘‘Operation and Maintenance,
Marine Corps’’: Provided, That the Secretary of the Navy
shall make a grant in that amount to the ‘‘Hi-Desert Me-
morial Health Care District’’, Joshua Tree, California, for
the purposes of providing a capability for non-invasive as-
sessment, diagnostic testing and treatment in support of
111
service personnel and their families stationed at the Ma-
rine Corps Air-Ground Task Force Training Center.
SEC. 8116. (a) LAND CONVEYANCE, ARMY RESERVE
TRAINING CENTER, WOOSTER, OHIO.—The Secretary of
the Army may convey, without consideration, to the City
of Wooster, Ohio, all right, title, and interest of the United
States in and to a parcel of real property, including im-
provements thereon, that is located at 1676 Portage Road,
Wooster, Ohio, and contains a former Army Reserve
Training Center.
(b) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property to be conveyed
under subsection (a) shall be determined by a survey satis-
factory to the Secretary. The cost of the survey shall be
borne by the City of Wooster, Ohio.
(c) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyance under subsection
(a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 8117. (a) At the time members of reserve com-
ponents of the Armed Forces are called or ordered to ac-
tive duty under section 12302(a) of title 10, United States
Code, each member shall be notified in writing of the ex-
pected period during which the member will be mobilized.
112
(b) The Secretary of Defense may waive the require-
ments of subsection (a) in any case in which the Secretary
determines that it is necessary to do so to respond to a
national security emergency or to meet dire operational
requirements of the Armed Forces.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8118. The Secretary of the Navy may transfer
funds from any available Department of the Navy appro-
priation to any available Navy ship construction appro-
priation for the purpose of liquidating necessary changes
resulting from inflation, market fluctuations, or rate ad-
justments for any ship construction program appropriated
in law: Provided, That the Secretary may transfer not to
exceed $100,000,000 under the authority provided by this
section: Provided further, That the funding transferred
shall be available for the same time period as the appro-
priation to which transferred: Provided further, That the
Secretary may not transfer any funds until 30 days after
the proposed transfer has been reported to the Committee
on Appropriations of the Senate and the House of Rep-
resentatives, unless sooner notified by the Committees
that there is no objection to the proposed transfer: Pro-
vided further, That the transfer authority provided by this
section is in addition to any other transfer authority con-
tained elsewhere in this Act.
113
SEC. 8119. The amounts appropriated in title II of
this Act are hereby reduced by $100,000,000 to reflect
savings attributable to the offsetting of payments to con-
tractors for the collection, pursuant to law, of unpaid taxes
owed to the United States, as follows:
(1) From ‘‘Operation and Maintenance, Army’’,
$22,000,000.
(2) From ‘‘Operation and Maintenance, Navy’’,
$26,000,000.
(3) From ‘‘Operation and Maintenance, Marine
Corps’’, $2,000,000.
(4) From ‘‘Operation and Maintenance, Air
Force’’, $50,000,000.
SEC. 8120. The total amount appropriated in title IV
is hereby reduced by $685,000,000 to decrease amounts
budgeted in anticipation of the application of non-statu-
tory funding set asides: Provided, That this reduction shall
be allocated proportionately to each budgeted program,
program element, project, and activity: Provided further,
That funds made available for programs of the National
Foreign Intelligence Program (NFIP) are exempt from
the application of this provision.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8121. TANKER
REPLACEMENT
TRANSFER
FUND.—In addition to funds made available elsewhere in
this Act, there is hereby appropriated $100,000,000, to
114
remain available until transferred: Provided, That these
funds are appropriated to the ‘‘Tanker Replacement
Transfer Fund’’ (referred to as ‘‘the Fund’’ elsewhere in
this section), which is hereby established in the Treasury:
Provided further, That the Secretary of the Air Force may
transfer amounts in the Fund to ‘‘Operation and Mainte-
nance, Air Force’’, ‘‘Aircraft Procurement, Air Force’’,
and ‘‘Research, Development, Test and Evaluation, Air
Force’’, only for the purposes of proceeding with a KC–
767 tanker acquisition program: Provided further, That
these funds may be made available to implement the provi-
sions of section 117 of the House-passed version of H.R.
4200 (108th Congress), the National Defense Authoriza-
tion Act for Fiscal Year 2005: Provided further, That
funds transferred shall be merged with and be available
for the same purposes and for the same time period as
the appropriation or fund to which transferred: Provided
further, That this transfer authority is in addition to any
other transfer authority available to the Department of
Defense: Provided further, That the Secretary of the Air
Force shall, not fewer than 15 days prior to making trans-
fers using funds provided in this section, notify the con-
gressional defense committees in writing of the details of
any such transfer: Provided further, That the Secretary
shall submit a report no later than 30 days after the end
115
of each fiscal quarter to the congressional defense commit-
tees summarizing the details of the transfer of funds from
this appropriation.
SEC. 8122. None of the funds appropriated or other-
wise made available by this Act may be used to amend
or cancel, or implement any amendment or cancellation
of, Department of Defense Directive 1344.7, ‘‘Personal
Commercial Solicitation on DoD Installations’’, until after
the end of the one-year period beginning on the date on
which the report containing the results of the investigation
regarding insurance premium allotment processing, which
is underway as of the date of the enactment of this Act,
is submitted to the congressional defense committees (as
defined in section 101(a)(16) of title 10, United States
Code), the Committee on Government Reform of the
House of Representatives, and the Committee on Govern-
mental Affairs of the Senate.
SEC. 8123. The Secretary of Defense shall provide
a report to the congressional defense committees not later
than July 30, 2004, that addresses how the Department
of Defense (DoD) is improving the dud rate of cluster mu-
nitions to meet existing DoD policies. This report shall
address: (1) the types and quantities of munitions systems
that employ cluster munitions presently in DoD’s inven-
tory that do and do not meet the 1-percent dud rate policy;
116
(2) DoD efforts to ensure the development of cluster mu-
nitions that meet the 1-percent dud rate policy, including
a list of programs funded in fiscal year 2005; and (3) a
schedule describing the DoD cluster munitions inventory
profile from the present until the time this inventory will
meet the 1-percent dud rate policy.
TITLE IX—ADDITIONAL APPROPRIATIONS
CHAPTER I
DEPARTMENT OF DEFENSE—MILITARY
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For an additional amount for ‘‘Military Personnel,
Army’’, $2,552,200,000: Provided, That, if the enactment
of this title occurs during fiscal year 2004, such amount
is designated as an emergency requirement pursuant to
section 402 of S. Con. Res. 95 (108th Congress), as made
applicable to the House of Representatives by H. Res. 649
(108th Congress): Provided further, That, if the enactment
of this title occurs during fiscal year 2005, such amount
is designated as making appropriations for overseas con-
tingency operations pursuant to section 403 of such S.
Con. Res. 95.
MILITARY PERSONNEL, NAVY
For an additional amount for ‘‘Military Personnel,
Navy’’, $232,200,000: Provided, That, if the enactment
117
of this title occurs during fiscal year 2004, such amount
is designated as an emergency requirement pursuant to
section 402 of S. Con. Res. 95 (108th Congress), as made
applicable to the House of Representatives by H. Res. 649
(108th Congress): Provided further, That, if the enactment
of this title occurs during fiscal year 2005, such amount
is designated as making appropriations for overseas con-
tingency operations pursuant to section 403 of such S.
Con. Res. 95.
MILITARY PERSONNEL, MARINE CORPS
For an additional amount for ‘‘Military Personnel,
Marine Corps’’, $273,200,000: Provided, That, if the en-
actment of this title occurs during fiscal year 2004, such
amount is designated as an emergency requirement pursu-
ant to section 402 of S. Con. Res. 95 (108th Congress),
as made applicable to the House of Representatives by H.
Res. 649 (108th Congress): Provided further, That, if the
enactment of this title occurs during fiscal year 2005, such
amount is designated as making appropriations for over-
seas contingency operations pursuant to section 403 of
such S. Con. Res. 95.
MILITARY PERSONNEL, AIR FORCE
For an additional amount for ‘‘Military Personnel,
Air Force’’, $874,400,000: Provided, That, if the enact-
ment of this title occurs during fiscal year 2004, such
118
amount is designated as an emergency requirement pursu-
ant to section 402 of S. Con. Res. 95 (108th Congress),
as made applicable to the House of Representatives by H.
Res. 649 (108th Congress): Provided further, That, if the
enactment of this title occurs during fiscal year 2005, such
amount is designated as making appropriations for over-
seas contingency operations pursuant to section 403 of
such S. Con. Res. 95.
OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, ARMY
For an additional amount for ‘‘Operation and Main-
tenance, Army’’, $11,698,400,000: Provided, That, if the
enactment of this title occurs during fiscal year 2004, such
amount is designated as an emergency requirement pursu-
ant to section 402 of S. Con. Res. 95 (108th Congress),
as made applicable to the House of Representatives by H.
Res. 649 (108th Congress): Provided further, That, if the
enactment of this title occurs during fiscal year 2005, such
amount is designated as making appropriations for over-
seas contingency operations pursuant to section 403 of
such S. Con. Res. 95.
OPERATION AND MAINTENANCE, NAVY
For an additional amount for ‘‘Operation and Main-
tenance, Navy’’, $303,000,000: Provided, That, if the en-
actment of this title occurs during fiscal year 2004, such
119
amount is designated as an emergency requirement pursu-
ant to section 402 of S. Con. Res. 95 (108th Congress),
as made applicable to the House of Representatives by H.
Res. 649 (108th Congress): Provided further, That, if the
enactment of this title occurs during fiscal year 2005, such
amount is designated as making appropriations for over-
seas contingency operations pursuant to section 403 of
such S. Con. Res. 95.
OPERATION AND MAINTENANCE, MARINE CORPS
For an additional amount for ‘‘Operation and Main-
tenance, Marine Corps’’, $1,295,000,000: Provided, That,
if the enactment of this title occurs during fiscal year
2004, such amount is designated as an emergency require-
ment pursuant to section 402 of S. Con. Res. 95 (108th
Congress), as made applicable to the House of Representa-
tives by H. Res. 649 (108th Congress): Provided further,
That, if the enactment of this title occurs during fiscal
year 2005, such amount is designated as making appro-
priations for overseas contingency operations pursuant to
section 403 of such S. Con. Res. 95.
OPERATION AND MAINTENANCE, AIR FORCE
For an additional amount for ‘‘Operation and Main-
tenance, Air Force’’, $744,000,000: Provided, That, if the
enactment of this title occurs during fiscal year 2004, such
amount is designated as an emergency requirement pursu-
121
Secretary of Defense may transfer the funds provided
herein to appropriations for military personnel; operation
and maintenance; Overseas Humanitarian, Disaster, and
Civic Aid; procurement; research, development, test and
evaluation; the Defense Health Program; and working
capital funds: Provided further, That of the amounts pro-
vided under this heading, not less than $1,978,000,000
shall be for classified programs, which shall be in addition
to amounts provided for elsewhere in this title, and under
this heading: Provided further, That funds transferred
shall be merged with and be available for the same pur-
poses and for the same time period as the appropriation
or fund to which transferred: Provided further, That this
transfer authority is in addition to any other transfer au-
thority available to the Department of Defense: Provided
further, That upon a determination that all or part of the
funds transferred from this appropriation are not nec-
essary for the purposes provided herein, such amounts
may be transferred back to this appropriation: Provided
further, That the Secretary of Defense shall, not fewer
than 5 days prior to making transfers from this appropria-
tion, notify the congressional defense committees in writ-
ing of the details of any such transfer: Provided further,
That the Secretary shall submit a report no later than
30 days after the end of each fiscal quarter to the congres-
122
sional defense committees summarizing the details of the
transfer of funds from this appropriation: Provided fur-
ther, That, if the enactment of this title occurs during fis-
cal year 2004, such amount is designated as an emergency
requirement pursuant to section 402 of S. Con. Res. 95
(108th Congress), as made applicable to the House of
Representatives by H. Res. 649 (108th Congress): Pro-
vided further, That, if the enactment of this title occurs
during fiscal year 2005, such amount is designated as
making appropriations for overseas contingency operations
pursuant to section 403 of such S. Con. Res. 95.
PROCUREMENT
MISSILE PROCUREMENT, ARMY
For an additional amount for ‘‘Missile Procurement,
Army’’, $42,800,000, to remain available until September
30, 2007: Provided, That, if the enactment of this title
occurs during fiscal year 2004, such amount is designated
as an emergency requirement pursuant to section 402 of
S. Con. Res. 95 (108th Congress), as made applicable to
the House of Representatives by H. Res. 649 (108th Con-
gress): Provided further, That, if the enactment of this
title occurs during fiscal year 2005, such amount is des-
ignated as making appropriations for overseas contingency
operations pursuant to section 403 of such S. Con. Res.
95.
123
PROCUREMENT OF WEAPONS AND TRACKED COMBAT
VEHICLES, ARMY
For an additional amount for ‘‘Procurement of Weap-
ons and Tracked Combat Vehicles, Army’’, $201,900,000,
to remain available until September 30, 2007: Provided,
That, if the enactment of this title occurs during fiscal
year 2004, such amount is designated as an emergency
requirement pursuant to section 402 of S. Con. Res. 95
(108th Congress), as made applicable to the House of
Representatives by H. Res. 649 (108th Congress): Pro-
vided further, That, if the enactment of this title occurs
during fiscal year 2005, such amount is designated as
making appropriations for overseas contingency operations
pursuant to section 403 of such S. Con. Res. 95.
PROCUREMENT OF AMMUNITION, ARMY
For an additional amount for ‘‘Procurement of Am-
munition, Army’’, $330,000,000, to remain available until
September 30, 2007: Provided, That, if the enactment of
this title occurs during fiscal year 2004, such amount is
designated as an emergency requirement pursuant to sec-
tion 402 of S. Con. Res. 95 (108th Congress), as made
applicable to the House of Representatives by H. Res. 649
(108th Congress): Provided further, That, if the enactment
of this title occurs during fiscal year 2005, such amount
is designated as making appropriations for overseas con-
124
tingency operations pursuant to section 403 of such S.
Con. Res. 95.
OTHER PROCUREMENT, ARMY
For an additional amount for ‘‘Other Procurement,
Army’’, $1,151,400,000, to remain available until Sep-
tember 30, 2007: Provided, That, if the enactment of this
title occurs during fiscal year 2004, such amount is des-
ignated as an emergency requirement pursuant to section
402 of S. Con. Res. 95 (108th Congress), as made applica-
ble to the House of Representatives by H. Res. 649 (108th
Congress): Provided further, That, if the enactment of this
title occurs during fiscal year 2005, such amount is des-
ignated as making appropriations for overseas contingency
operations pursuant to section 403 of such S. Con. Res.
95.
AIRCRAFT PROCUREMENT, NAVY
For an additional amount for ‘‘Aircraft Procurement,
Navy’’, $34,000,000, to remain available until September
30, 2007: Provided, That, if the enactment of this title
occurs during fiscal year 2004, such amount is designated
as an emergency requirement pursuant to section 402 of
S. Con. Res. 95 (108th Congress), as made applicable to
the House of Representatives by H. Res. 649 (108th Con-
gress): Provided further, That, if the enactment of this
title occurs during fiscal year 2005, such amount is des-
125
ignated as making appropriations for overseas contingency
operations pursuant to section 403 of such S. Con. Res.
95.
PROCUREMENT OF AMMUNITION, NAVY AND MARINE
CORPS
For an additional amount for ‘‘Procurement of Am-
munition, Navy and Marine Corps’’, $112,800,000, to re-
main available until September 30, 2007: Provided, That,
if the enactment of this title occurs during fiscal year
2004, such amount is designated as an emergency require-
ment pursuant to section 402 of S. Con. Res. 95 (108th
Congress), as made applicable to the House of Representa-
tives by H. Res. 649 (108th Congress): Provided further,
That, if the enactment of this title occurs during fiscal
year 2005, such amount is designated as making appro-
priations for overseas contingency operations pursuant to
section 403 of such S. Con. Res. 95.
PROCUREMENT, MARINE CORPS
For an additional amount for ‘‘Procurement, Marine
Corps’’, $111,400,000, to remain available until Sep-
tember 30, 2007: Provided, That, if the enactment of this
title occurs during fiscal year 2004, such amount is des-
ignated as an emergency requirement pursuant to section
402 of S. Con. Res. 95 (108th Congress), as made applica-
ble to the House of Representatives by H. Res. 649 (108th
126
Congress): Provided further, That, if the enactment of this
title occurs during fiscal year 2005, such amount is des-
ignated as making appropriations for overseas contingency
operations pursuant to section 403 of such S. Con. Res.
95.
OTHER PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Other Procurement,
Air Force’’, $35,300,000, to remain available until Sep-
tember 30, 2007: Provided, That, if the enactment of this
title occurs during fiscal year 2004, such amount is des-
ignated as an emergency requirement pursuant to section
402 of S. Con. Res. 95 (108th Congress), as made applica-
ble to the House of Representatives by H. Res. 649 (108th
Congress): Provided further, That, if the enactment of this
title occurs during fiscal year 2005, such amount is des-
ignated as making appropriations for overseas contingency
operations pursuant to section 403 of such S. Con. Res.
95.
PROCUREMENT, DEFENSE-WIDE
For an additional amount for ‘‘Procurement, De-
fense-Wide’’, $80,000,000, to remain available until Sep-
tember 30, 2007: Provided, That, if the enactment of this
title occurs during fiscal year 2004, such amount is des-
ignated as an emergency requirement pursuant to section
402 of S. Con. Res. 95 (108th Congress), as made applica-
128
ant to section 402 of S. Con. Res. 95 (108th Congress),
as made applicable to the House of Representatives by H.
Res. 649 (108th Congress): Provided further, That, if the
enactment of this title occurs during fiscal year 2005, such
amount is designated as making appropriations for over-
seas contingency operations pursuant to section 403 of
such S. Con. Res. 95.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
For an additional amount for ‘‘Defense Health Pro-
gram’’, $305,000,000 for Operation and maintenance:
Provided, That, if the enactment of this title occurs during
fiscal year 2004, such amount is designated as an emer-
gency requirement pursuant to section 402 of S. Con. Res.
95 (108th Congress), as made applicable to the House of
Representatives by H. Res. 649 (108th Congress): Pro-
vided further, That, if the enactment of this title occurs
during fiscal year 2005, such amount is designated as
making appropriations for overseas contingency operations
pursuant to section 403 of such S. Con. Res. 95.
129
CHAPTER 2
DEPARTMENT OF STATE
ADMINISTRATION OF FOREIGN AFFAIRS
DIPLOMATIC AND CONSULAR PROGRAMS
For an additional amount for ‘‘Diplomatic and Con-
sular Programs’’ for costs associated with United States
Mission operations, technological support, logistical sup-
port, and necessary security costs in Iraq, $665,300,000,
to remain available until expended: Provided, That, if the
enactment of this title occurs during fiscal year 2004, such
amount is designated as an emergency requirement pursu-
ant to section 402 of S. Con. Res. 95 (108th Congress),
as made applicable to the House of Representatives by H.
Res. 649 (108th Congress): Provided further, That, if the
enactment of this title occurs during fiscal year 2005, such
amount is designated as making appropriations for over-
seas contingency operations pursuant to section 403 of
such S. Con. Res. 95.
EMBASSY SECURITY, CONSTRUCTION, AND
MAINTENANCE
For an additional amount for ‘‘Embassy Security,
Construction, and Maintenance’’ for interim facilities for
the United States Mission in Iraq, $20,000,000, to remain
available until expended: Provided, That, if the enactment
of this title occurs during fiscal year 2004, such amount
130
is designated as an emergency requirement pursuant to
section 402 of S. Con. Res. 95 (108th Congress), as made
applicable to the House of Representatives by H. Res. 649
(108th Congress): Provided further, That, if the enactment
of this title occurs during fiscal year 2005, such amount
is designated as making appropriations for overseas con-
tingency operations pursuant to section 403 of such S.
Con. Res. 95.
CHAPTER 3
BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
INTERNATIONAL DISASTER AND FAMINE ASSISTANCE
For an additional amount for ‘‘International Disaster
and Famine Assistance’’, $70,000,000, to remain available
until September 30, 2005: Provided, That funds appro-
priated by this paragraph shall be available to respond to
the humanitarian crisis in the Darfur region of Sudan and
in Chad: Provided further, That such amount is designated
as an emergency requirement pursuant to section 402 of
S. Con. Res. 95 (108th Congress), as made applicable to
the House of Representatives by H. Res. 649 (108th Con-
gress).
131
DEPARTMENT OF STATE
MIGRATION AND REFUGEE ASSISTANCE
For an additional amount for ‘‘Migration and Ref-
ugee Assistance’’, $25,000,000, to remain available until
September 30, 2005: Provided, That funds appropriated
by this paragraph shall be available to respond to the hu-
manitarian crisis in the Darfur region of Sudan and in
Chad: Provided further, That such amount is designated
as an emergency requirement pursuant to section 402 of
S. Con. Res. 95 (108th Congress), as made applicable to
the House of Representatives by H. Res. 649 (108th Con-
gress).
GENERAL PROVISIONS, TITLE IX
SEC. 9001. Appropriations provided in this title are
available for obligation until September 30, 2005, unless
otherwise so provided in this title: Provided, That notwith-
standing any other provision of law or of this Act, funds
in this title are available for obligation, and authorities
in this title shall apply, upon enactment of this Act.
SEC. 9002. Notwithstanding any other provision of
law or of this Act, funds made available in this title are
in addition to amounts provided elsewhere in this Act.
(TRANSFER OF FUNDS)
SEC. 9003. (a) Upon his determination that such ac-
tion is necessary in the national interest, the Secretary
of Defense may transfer between appropriations up to
132
$2,000,000,000 of the funds made available to the De-
partment of Defense in this title: Provided, That the Sec-
retary shall notify the Congress promptly of each transfer
made pursuant to the authority in this section: Provided
further, That the authority provided in this section is in
addition to any other transfer authority available to the
Department of Defense and is subject to the same terms
and conditions as the authority provided in section 8005
of this Act.
(b) Section 8005 of the Department of Defense Ap-
propriations Act, 2004 (Public Law 108–87; 117 Stat.
1071), is amended—
(1) by striking ‘‘$2,100,000,000’’ and inserting
in lieu thereof ‘‘$3,000,000,000’’; and
(2) by striking all after the third proviso and
inserting the following: ‘‘: Provided further, That
transfers among military personnel appropriations
shall not be taken into account for purposes of the
limitation on the amount of funds that may be
transferred under this section.’’.
(c) Section 168(a) of division H of the Consolidated
Appropriations Act, 2004 (Public Law 108–199; 118 Stat.
456), is repealed upon enactment of this Act.
(d)(1) If the enactment of this title occurs during fis-
cal year 2004, the amounts made available by the transfer
133
of funds in or pursuant to this section are designated as
emergency requirements pursuant to section 402 of S.
Con. Res. 95 (108th Congress), as made applicable to the
House of Representatives by H. Res. 649 (108th Con-
gress).
(2) If the enactment of this title occurs during fiscal
year 2005, such amounts are designated as making appro-
priations for overseas contingency operations pursuant to
section 403 of such S. Con. Res. 95.
SEC. 9004. Funds appropriated in this title, or made
available by the transfer of funds in or pursuant to this
title, for intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504
of the National Security Act of 1947 (50 U.S.C. 414).
SEC. 9005. None of the funds provided in this title
may be used to finance programs or activities denied by
Congress in fiscal year 2005 appropriations to the Depart-
ment of Defense or to initiate a procurement or research,
development, test and evaluation new start program with-
out prior notification to the congressional defense commit-
tees.
SEC. 9006. Sections 1318 and 1319 of the Emer-
gency Wartime Supplemental Appropriations Act, 2003
(Public Law 108–11; 117 Stat. 571), shall remain in ef-
fect during fiscal year 2005.
134
SEC. 9007. From October 1, 2004, through Sep-
tember 30, 2005, (a) the rates of pay authorized by sec-
tion 310(a) of title 37, United States Code, shall be $225;
and (b) the rates of pay authorized by section 427(a)(1)
of title 37, United States Code, shall be $250.
SEC. 9008. Notwithstanding any other provision of
law, from funds made available in this title to the Depart-
ment of Defense for operation and maintenance, not to
exceed $500,000,000 may be used by the Secretary of De-
fense, with the concurrence of the Secretary of State, to
train, equip, and provide related assistance to military or
security forces in Iraq and Afghanistan, to enhance their
capability to combat terrorism and to support U.S. mili-
tary operations in Iraq and Afghanistan: Provided, That
such assistance may include the provision of equipment,
supplies, services, training and funding: Provided further,
That the authority to provide assistance under this section
is in addition to any other authority to provide assistance
to foreign nations: Provided further, That the Secretary
of Defense shall notify the congressional defense commit-
tees, the Committee on International Relations of the
House of Representatives, and the Committee on Foreign
Relations of the Senate not less than 15 days before pro-
viding assistance under the authority of this section.
135
SEC. 9009. From funds made available in this title
to the Department of Defense for operation and mainte-
nance, not to exceed $300,000,000 may be used, notwith-
standing any other provision of law, to fund the Com-
mander’s Emergency Response Program, for the purpose
of enabling military commanders in Iraq to respond to ur-
gent humanitarian relief and reconstruction requirements
within their areas of responsibility by carrying out pro-
grams that will immediately assist the Iraqi people, and
to fund a similar program to assist the people of Afghani-
stan: Provided, That the Secretary of Defense shall pro-
vide quarterly reports to the congressional defense com-
mittees regarding the source of funds and the allocation
and use of funds made available pursuant to the authority
provided in this section.
SEC. 9010. Section 202(b) of the Afghanistan Free-
dom Support Act of 2002 (22 U.S.C. 7532(b)) is amended
by striking ‘‘$450,000,000’’ and inserting in lieu thereof
‘‘$650,000,000’’.
SEC. 9011. Funds available to the Department of De-
fense for operation and maintenance in this title may be
used, notwithstanding any other provision of law, to pro-
vide supplies, services, transportation, including airlift and
sealift, and other logistical support to coalition forces sup-
porting military and stability operations in Iraq and Af-
136
ghanistan: Provided, That the Secretary of Defense shall
provide quarterly reports to the congressional defense
committees regarding support provided under this section.
SEC. 9012. (a) Not later than April 30 and October
31 of each year, the Secretary of Defense shall submit
to Congress a report on the military operations of the
Armed Forces and the reconstruction activities of the De-
partment of Defense in Iraq and Afghanistan.
(b) Each report shall include the following informa-
tion:
(1) For each of Iraq and Afghanistan for the
half-fiscal year ending during the month preceding
the due date of the report, the amount expended for
military operations of the Armed Forces and the
amount expended for reconstruction activities, to-
gether with the cumulative total amounts expended
for such operations and activities.
(2) An assessment of the progress made toward
preventing attacks on United States personnel.
(3) An assessment of the effects of the oper-
ations and activities in Iraq and Afghanistan on the
readiness of the Armed Forces.
(4) An assessment of the effects of the oper-
ations and activities in Iraq and Afghanistan on the
137
recruitment and retention of personnel for the
Armed Forces.
(5) For the half-fiscal year ending during the
month preceding the due date of the report, the
costs incurred for repair of Department of Defense
equipment used in the operations and activities in
Iraq and Afghanistan.
(6) The foreign countries, international organi-
zations, and nongovernmental organizations that are
contributing support for the ongoing military oper-
ations and reconstruction activities, together with a
discussion of the amount and types of support con-
tributed by each during the half-fiscal year ending
during the month preceding the due date of the re-
port.
(7) The extent to which, and the schedule on
which, the Selected Reserve of the Ready Reserve of
the Armed Forces is being involuntarily ordered to
active duty under section 12304 of title 10, United
States Code.
(8) For each unit of the National Guard of the
United States and the other reserve components of
the Armed Forces on active duty pursuant to an
order to active duty under section 12304 of title 10,
United States Code, the following information:
138
(A) The unit.
(B) The projected date of return of the
unit to its home station.
(C) The extent (by percentage) to which
the forces deployed within the United States
and outside the United States in support of a
contingency operation are composed of reserve
component forces.
SEC. 9013. Authorities contained in sections 402,
407, and 605 of division B of Public Law 108–199 shall
also apply to amounts provided in this title for the Depart-
ment of State.
SEC. 9014. Congress, consistent with international
and United States law, reaffirms that torture of prisoners
of war and detainees is illegal and does not reflect the
policies of the United States Government or the values of
the people of the United States.
SEC. 9015. The President shall provide to the Con-
gress a report detailing the estimated costs over the period
from fiscal year 2006 to 2011 of Operation Iraqi Freedom
and Operation Enduring Freedom, or any related military
operations in and around Iraq and Afghanistan, and the
estimated costs of reconstruction, internal security, and
related economic support to Iraq and Afghanistan: Pro-
vided, That the President may waive the requirement to
139
submit this report only if the President certifies in writing
to the Congress that estimates of these future military and
economic support costs cannot be provided for purposes
of national security: Provided further, That the report ref-
erenced above shall be submitted no later than October
1, 2004.
SEC. 9016. Section 3101 of title 31, United States
Code, is amended by adding at the end the following new
subsection:
‘‘(d) The United States Government shall take
all steps necessary to guarantee the full faith and
credit of the Government.’’.
SEC. 9017. From within funds made available in
chapter 1 of this title, the Secretary of Defense shall use
such funds as necessary to provide to Congress, not later
than 4 months after the date of the enactment of this Act,
a list of all contracts entered into by the Department of
Defense for the provision of security, translation, and in-
terrogation services in Iraq, Afghanistan, or Guantanamo
Bay, and the amount of each such contract.
SEC. 9018. None of the funds made available in chap-
ter 1 of this title may be used to fund any contract in
contravention of section 8(d)(6) of the Small Business Act
(15 U.S.C. 637(d)(6)).
140
This Act may be cited as the ‘‘Department of Defense
Appropriations Act, 2005’’.
Passed the House of Representatives June 22, 2004.
Attest:
Clerk.