In the Senate of the United States,
June 24, 2004.
Resolved, That the bill from the House of Representa-
tives (H.R. 4613) entitled ‘‘An Act making appropriations for
the Department of Defense for the fiscal year ending Sep-
tember 30, 2005, and for other purposes.’’, do pass with the
following
AMENDMENT:
Strike out all after the enacting clause and insert:
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2005, for military func-
tions administered by the Department of Defense, and for
other purposes, namely:
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TITLE I
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Army on active
duty, (except members of reserve components provided for
elsewhere), cadets, and aviation cadets; and for payments
pursuant to section 156 of Public Law 97–377, as amended
(42 U.S.C. 402 note), and to the Department of Defense
Military Retirement Fund, $29,457,797,000.
MILITARY PERSONNEL, NAVY
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Navy on active
duty (except members of the Reserve provided for elsewhere),
midshipmen, and aviation cadets; and for payments pursu-
ant to section 156 of Public Law 97–377, as amended (42
U.S.C. 402 note), and to the Department of Defense Mili-
tary Retirement Fund, $24,330,171,000.
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MILITARY PERSONNEL, MARINE CORPS
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Marine Corps
on active duty (except members of the Reserve provided for
elsewhere); and for payments pursuant to section 156 of
Public Law 97–377, as amended (42 U.S.C. 402 note), and
to the Department of Defense Military Retirement Fund,
$9,567,768,000.
MILITARY PERSONNEL, AIR FORCE
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Air Force on
active duty (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; and for pay-
ments pursuant to section 156 of Public Law 97–377, as
amended (42 U.S.C. 402 note), and to the Department of
Defense Military Retirement Fund, $24,165,011,000.
RESERVE PERSONNEL, ARMY
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army Re-
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serve on active duty under sections 10211, 10302, and 3038
of title 10, United States Code, or while serving on active
duty under section 12301(d) of title 10, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while under-
going reserve training, or while performing drills or equiva-
lent duty or other duty, and for members of the Reserve
Officers’ Training Corps, and expenses authorized by sec-
tion 16131 of title 10, United States Code; and for pay-
ments to the Department of Defense Military Retirement
Fund, $3,675,390,000.
RESERVE PERSONNEL, NAVY
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Navy Re-
serve on active duty under section 10211 of title 10, United
States Code, or while serving on active duty under section
12301(d) of title 10, United States Code, in connection with
performing duty specified in section 12310(a) of title 10,
United States Code, or while undergoing reserve training,
or while performing drills or equivalent duty, and for mem-
bers of the Reserve Officers’ Training Corps, and expenses
authorized by section 16131 of title 10, United States Code;
and for payments to the Department of Defense Military
Retirement Fund, $2,132,432,000.
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title 10, United States Code, or while undergoing training,
or while performing drills or equivalent duty or other duty,
and expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense
Military Retirement Fund, $2,543,892,000.
TITLE II
OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, ARMY
For expenses, not otherwise provided for, necessary for
the operation and maintenance of the Army, as authorized
by law, $25,705,109,000, to remain available for obligation
until September 30, 2006: Provided, That not more than
$11,000,000 may be used for emergency and extraordinary
expenses authorized under section 127 of title 10, United
States Code: Provided further, That $5,096,000,000 may
not be obligated before September 30, 2005.
OPERATION AND MAINTENANCE, NAVY
For expenses, not otherwise provided for, necessary for
the operation and maintenance of the Navy and Marine
Corps, as authorized by law, $29,591,679,000, to remain
available for obligation until September 30, 2006: Provided,
That not more than $4,000,000 may be used for emergency
and extraordinary expenses authorized under section 127
of title 10, United States Code: Provided further, That
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$5,918,336,000 may not be obligated before September 30,
2005.
OPERATION AND MAINTENANCE, MARINE CORPS
For expenses, not otherwise provided for, necessary for
the operation and maintenance of the Marine Corps, as au-
thorized by law, $3,617,473,000: Provided, That not more
than $1,000,000 may be used for emergency and extraor-
dinary expenses authorized under section 127 of title 10,
United States Code.
OPERATION AND MAINTENANCE, AIR FORCE
For expenses, not otherwise provided for, necessary for
the operation and maintenance of the Air Force, as author-
ized by law, $28,282,160,000, to remain available for obli-
gation until September 30, 2006: Provided, That not more
than $7,000,000 may be used for emergency and extraor-
dinary expenses authorized under section 127 of title 10,
United States Code: Provided further, That $5,474,432,000
may not be obligated before September 30, 2005.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For expenses, not otherwise provided for, necessary for
the operation and maintenance of activities and agencies
of the Department of Defense (other than the military de-
partments), as authorized by law, $17,552,314,000, to re-
main available for obligation until September 30, 2006:
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Provided, That not more than $25,000,000 may be used for
the Combatant Commander Initiative Fund authorized
under section 166a of title 10, United States Code: Provided
further, That not more than $32,000,000 may be used for
emergency and extraordinary expenses authorized under
section 127 of title 10, United States Code: Provided fur-
ther, That none of the funds appropriated or otherwise
made available by this Act may be used to plan or imple-
ment the consolidation of a budget or appropriations liai-
son office of the Office of the Secretary of Defense, the office
of the Secretary of a military department, or the service
headquarters of one of the Armed Forces into a legislative
affairs or legislative liaison office: Provided further, That
of the funds provided under this heading not less than
$28,000,000 shall be made available for the Procurement
Technical Assistance Cooperative Agreement Program, of
which not less than $3,600,000 shall be available for centers
defined in 10 U.S.C. 2411(1)(D): Provided further, That
$4,000,000, to remain available until expended, is available
only for expenses relating to certain classified activities,
and may be transferred as necessary by the Secretary to
operation and maintenance appropriations or research, de-
velopment, test and evaluation appropriations, to be merged
with and to be available for the same time period as the
appropriations to which transferred: Provided further, That
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any ceiling on the investment item unit cost of items that
may be purchased with operation and maintenance funds
shall not apply to the funds described in the preceding pro-
viso: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer au-
thority provided elsewhere in this Act: Provided further,
That $3,510,463,000 may not be obligated before September
30, 2004.
OPERATION AND MAINTENANCE, ARMY RESERVE
For expenses, not otherwise provided for, necessary for
the operation and maintenance, including training, organi-
zation, and administration, of the Army Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting; pro-
curement of services, supplies, and equipment; and commu-
nications, $1,979,038,000.
OPERATION AND MAINTENANCE, NAVY RESERVE
For expenses, not otherwise provided for, necessary for
the operation and maintenance, including training, organi-
zation, and administration, of the Navy Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting; pro-
curement of services, supplies, and equipment; and commu-
nications, $1,244,838,000.
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OPERATION AND MAINTENANCE, MARINE CORPS RESERVE
For expenses, not otherwise provided for, necessary for
the operation and maintenance, including training, organi-
zation, and administration, of the Marine Corps Reserve;
repair of facilities and equipment; hire of passenger motor
vehicles; travel and transportation; care of the dead; recruit-
ing; procurement of services, supplies, and equipment; and
communications, $188,696,000.
OPERATION AND MAINTENANCE, AIR FORCE RESERVE
For expenses, not otherwise provided for, necessary for
the operation and maintenance, including training, organi-
zation, and administration, of the Air Force Reserve; repair
of facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting; pro-
curement of services, supplies, and equipment; and commu-
nications, $2,200,790,000.
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD
For expenses of training, organizing, and admin-
istering the Army National Guard, including medical and
hospital treatment and related expenses in non-Federal hos-
pitals; maintenance, operation, and repairs to structures
and facilities; hire of passenger motor vehicles; personnel
services in the National Guard Bureau; travel expenses
(other than mileage), as authorized by law for Army per-
sonnel on active duty, for Army National Guard division,
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regimental, and battalion commanders while inspecting
units in compliance with National Guard Bureau regula-
tions when specifically authorized by the Chief, National
Guard Bureau; supplying and equipping the Army Na-
tional Guard as authorized by law; and expenses of repair,
modification, maintenance, and issue of supplies and
equipment (including aircraft), $4,372,436,000.
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
For operation and maintenance of the Air National
Guard, including medical and hospital treatment and re-
lated expenses in non-Federal hospitals; maintenance, oper-
ation, repair, and other necessary expenses of facilities for
the training and administration of the Air National Guard,
including repair of facilities, maintenance, operation, and
modification of aircraft; transportation of things, hire of
passenger motor vehicles; supplies, materials, and equip-
ment, as authorized by law for the Air National Guard;
and expenses incident to the maintenance and use of sup-
plies, materials, and equipment, including such as may be
furnished from stocks under the control of agencies of the
Department of Defense; travel expenses (other than mileage)
on the same basis as authorized by law for Air National
Guard personnel on active Federal duty, for Air National
Guard commanders while inspecting units in compliance
with National Guard Bureau regulations when specifically
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authorized by the Chief, National Guard Bureau,
$4,454,238,000.
OVERSEAS CONTINGENCY OPERATIONS TRANSFER
ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For expenses directly relating to Overseas Contingency
Operations by United States military forces, $30,000,000,
to remain available until expended: Provided, That the Sec-
retary of Defense may transfer these funds only to military
personnel accounts; operation and maintenance accounts
within this title; the Defense Health Program appropria-
tion; procurement accounts; research, development, test and
evaluation accounts; and to working capital funds: Pro-
vided further, That the funds transferred shall be merged
with and shall be available for the same purposes and for
the same time period, as the appropriation to which trans-
ferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided in
this paragraph is in addition to any other transfer author-
ity contained elsewhere in this Act.
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UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
For salaries and expenses necessary for the United
States Court of Appeals for the Armed Forces, $10,825,000:
Provided, That not more than $5,000 may be used for emer-
gency and extraordinary expenses authorized under section
127 of title 10, United States Code.
ENVIRONMENTAL RESTORATION, ARMY
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Army, $566,948,000, to re-
main available until transferred: Provided, That the Sec-
retary of the Army shall, upon determining that such funds
are required for environmental restoration, reduction and
recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Army, or for similar
purposes, transfer the funds made available by this appro-
priation to other appropriations made available to the De-
partment of the Army, to be merged with and to be available
for the same purposes and for the same time period as the
appropriations to which transferred: Provided further, That
upon a determination that all or part of the funds trans-
ferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred
back to this appropriation.
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ENVIRONMENTAL RESTORATION, NAVY
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Navy, $447,820,000, to re-
main available until transferred: Provided, That the Sec-
retary of the Navy shall, upon determining that such funds
are required for environmental restoration, reduction and
recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Navy, or for similar
purposes, transfer the funds made available by this appro-
priation to other appropriations made available to the De-
partment of the Navy, to be merged with and to be available
for the same purposes and for the same time period as the
appropriations to which transferred: Provided further, That
upon a determination that all or part of the funds trans-
ferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred
back to this appropriation.
ENVIRONMENTAL RESTORATION, AIR FORCE
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Air Force, $397,368,000,
to remain available until transferred: Provided, That the
Secretary of the Air Force shall, upon determining that
such funds are required for environmental restoration, re-
duction and recycling of hazardous waste, removal of unsafe
buildings and debris of the Department of the Air Force,
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or for similar purposes, transfer the funds made available
by this appropriation to other appropriations made avail-
able to the Department of the Air Force, to be merged with
and to be available for the same purposes and for the same
time period as the appropriations to which transferred:
Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are
not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation.
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For the Department of Defense, $23,684,000, to remain
available until transferred: Provided, That the Secretary of
Defense shall, upon determining that such funds are re-
quired for environmental restoration, reduction and recy-
cling of hazardous waste, removal of unsafe buildings and
debris of the Department of Defense, or for similar purposes,
transfer the funds made available by this appropriation to
other appropriations made available to the Department of
Defense, to be merged with and to be available for the same
purposes and for the same time period as the appropria-
tions to which transferred: Provided further, That upon a
determination that all or part of the funds transferred from
this appropriation are not necessary for the purposes pro-
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vided herein, such amounts may be transferred back to this
appropriation.
ENVIRONMENTAL RESTORATION, FORMERLY USED
DEFENSE SITES
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Army, $276,516,000, to re-
main available until transferred: Provided, That the Sec-
retary of the Army shall, upon determining that such funds
are required for environmental restoration, reduction and
recycling of hazardous waste, removal of unsafe buildings
and debris at sites formerly used by the Department of De-
fense, transfer the funds made available by this appropria-
tion to other appropriations made available to the Depart-
ment of the Army, to be merged with and to be available
for the same purposes and for the same time period as the
appropriations to which transferred: Provided further, That
upon a determination that all or part of the funds trans-
ferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred
back to this appropriation.
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
For expenses relating to the Overseas Humanitarian,
Disaster, and Civic Aid programs of the Department of De-
fense (consisting of the programs provided under sections
401, 402, 404, 2557, and 2561 of title 10, United States
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Code), $59,000,000, to remain available until September
30, 2006.
FORMER SOVIET UNION THREAT REDUCTION
For assistance to the republics of the former Soviet
Union, including assistance provided by contract or by
grants, for facilitating the elimination and the safe and se-
cure transportation and storage of nuclear, chemical and
other weapons; for establishing programs to prevent the pro-
liferation of weapons, weapons components, and weapon-
related technology and expertise; for programs relating to
the training and support of defense and military personnel
for demilitarization and protection of weapons, weapons
components and weapons technology and expertise, and for
defense and military contacts, $409,200,000, to remain
available until September 30, 2007: Provided, That of the
amounts provided under this heading, $15,000,000 shall be
available only to support the dismantling and disposal of
nuclear submarines, submarine reactor components, and se-
curity enhancements for transport and storage of nuclear
warheads in the Russian Far East.
TITLE III
PROCUREMENT
AIRCRAFT PROCUREMENT, ARMY
For construction, procurement, production, modifica-
tion, and modernization of aircraft, equipment, including
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ordnance, ground handling equipment, spare parts, and ac-
cessories therefor; specialized equipment and training de-
vices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construc-
tion prosecuted thereon prior to approval of title; and pro-
curement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$2,653,241,000, to remain available for obligation until
September 30, 2007.
MISSILE PROCUREMENT, ARMY
For construction, procurement, production, modifica-
tion, and modernization of missiles, equipment, including
ordnance, ground handling equipment, spare parts, and ac-
cessories therefor; specialized equipment and training de-
vices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construc-
tion prosecuted thereon prior to approval of title; and pro-
curement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
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$1,378,321,000, to remain available for obligation until
September 30, 2007.
PROCUREMENT OF WEAPONS AND TRACKED COMBAT
VEHICLES, ARMY
For construction, procurement, production, and modi-
fication of weapons and tracked combat vehicles, equipment,
including ordnance, spare parts, and accessories therefor;
specialized equipment and training devices; expansion of
public and private plants, including the land necessary
therefor, for the foregoing purposes, and such lands and in-
terests therein, may be acquired, and construction pros-
ecuted thereon prior to approval of title; and procurement
and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Gov-
ernment and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$1,698,695,000, to remain available for obligation until
September 30, 2007.
PROCUREMENT OF AMMUNITION, ARMY
For construction, procurement, production, and modi-
fication of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities authorized
by section 2854 of title 10, United States Code, and the
land necessary therefor, for the foregoing purposes, and such
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lands and interests therein, may be acquired, and construc-
tion prosecuted thereon prior to approval of title; and pro-
curement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$1,606,502,000, to remain available for obligation until
September 30, 2007.
OTHER PROCUREMENT, ARMY
For construction, procurement, production, and modi-
fication of vehicles, including tactical, support, and non-
tracked combat vehicles; the purchase of passenger motor ve-
hicles for replacement only; and the purchase of 1 vehicle
required for physical security of personnel, notwithstanding
price limitations applicable to passenger vehicles but not
to exceed $200,000 per vehicle; communications and elec-
tronic equipment; other support equipment; spare parts,
ordnance, and accessories therefor; specialized equipment
and training devices; expansion of public and private
plants, including the land necessary therefor, for the fore-
going purposes, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and con-
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tractor-owned equipment layaway; and other expenses nec-
essary for the foregoing purposes, $4,685,846,000, to remain
available for obligation until September 30, 2007.
AIRCRAFT PROCUREMENT, NAVY
For construction, procurement, production, modifica-
tion, and modernization of aircraft, equipment, including
ordnance, spare parts, and accessories therefor; specialized
equipment; expansion of public and private plants, includ-
ing the land necessary therefor, and such lands and inter-
ests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and in-
stallation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government
and contractor-owned equipment layaway, $8,899,367,000,
to remain available for obligation until September 30,
2007.
WEAPONS PROCUREMENT, NAVY
For construction, procurement, production, modifica-
tion, and modernization of missiles, torpedoes, other weap-
ons, and related support equipment including spare parts,
and accessories therefor; expansion of public and private
plants, including the land necessary therefor, and such
lands and interests therein, may be acquired, and construc-
tion prosecuted thereon prior to approval of title; and pro-
curement and installation of equipment, appliances, and
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machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway,
$2,222,620,000, to remain available for obligation until
September 30, 2007.
PROCUREMENT OF AMMUNITION, NAVY AND MARINE
CORPS
For construction, procurement, production, and modi-
fication of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities authorized
by section 2854 of title 10, United States Code, and the
land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construc-
tion prosecuted thereon prior to approval of title; and pro-
curement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$881,140,000, to remain available for obligation until Sep-
tember 30, 2007.
SHIPBUILDING AND CONVERSION, NAVY
For expenses necessary for the construction, acquisi-
tion, or conversion of vessels as authorized by law, includ-
ing armor and armament thereof, plant equipment, appli-
ances, and machine tools and installation thereof in public
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and private plants; reserve plant and Government and con-
tractor-owned equipment layaway; procurement of critical,
long leadtime components and designs for vessels to be con-
structed or converted in the future; and expansion of public
and private plants, including land necessary therefor, and
such lands and interests therein, may be acquired, and con-
struction prosecuted thereon prior to approval of title, as
follows:
Carrier 
Replacement 
Program 
(AP),
$485,184,000;
NSSN, $1,581,143,000;
NSSN (AP), $871,864,000;
SSGN, $469,226,000;
SSGN (AP), $48,000,000;
CVN Refuelings (AP), $223,061,000;
SSN Submarine Refuelings (AP), $19,368,000;
SSBN Submarine Refuelings, $262,229,000;
SSBN Submarine Refuelings (AP), $72,171,000;
DDG–51 Destroyer, $3,444,950,000;
DD(X) (AP), $320,516,000;
LPD–17, $966,559,000;
LHD–8, $236,018,000;
LHA–R (AP), $175,000,000;
LCU (X), $25,048,000;
LCAC Landing Craft Air Cushion, $90,490,000;
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Prior year shipbuilding costs, $484,390,000;
Service Craft, $32,099,000; and
For outfitting, post delivery, conversions, and
first destination transportation, $349,327,000.
In all: $10,171,643,000, to remain available for obliga-
tion until September 30, 2009: Provided, That additional
obligations may be incurred after September 30, 2009, for
engineering services, tests, evaluations, and other such budg-
eted work that must be performed in the final stage of ship
construction: Provided further, That none of the funds pro-
vided under this heading for the construction or conversion
of any naval vessel to be constructed in shipyards in the
United States shall be expended in foreign facilities for the
construction of major components of such vessel: Provided
further, That none of the funds provided under this heading
shall be used for the construction of any naval vessel in
foreign shipyards.
OTHER PROCUREMENT, NAVY
For procurement, production, and modernization of
support equipment and materials not otherwise provided
for, Navy ordnance (except ordnance for new aircraft, new
ships, and ships authorized for conversion); the purchase
of passenger motor vehicles for replacement only, and the
purchase of 9 vehicles required for physical security of per-
sonnel, notwithstanding price limitations applicable to pas-
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senger vehicles but not to exceed $200,000 per vehicle; ex-
pansion of public and private plants, including the land
necessary therefor, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior
to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and con-
tractor-owned equipment layaway, $4,797,025,000, to re-
main available for obligation until September 30, 2007.
PROCUREMENT, MARINE CORPS
For expenses necessary for the procurement, manufac-
ture, and modification of missiles, armament, military
equipment, spare parts, and accessories therefor; plant
equipment, appliances, and machine tools, and installation
thereof in public and private plants; reserve plant and Gov-
ernment and contractor-owned equipment layaway; vehicles
for the Marine Corps, including the purchase of passenger
motor vehicles for replacement only; and expansion of pub-
lic and private plants, including land necessary therefor,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title,
$1,266,803,000, to remain available for obligation until
September 30, 2007.
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AIRCRAFT PROCUREMENT, AIR FORCE
For construction, procurement, and modification of
aircraft and equipment, including armor and armament,
specialized ground handling equipment, and training de-
vices, spare parts, and accessories therefor; specialized
equipment; expansion of public and private plants, Govern-
ment-owned equipment and installation thereof in such
plants, erection of structures, and acquisition of land, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior
to approval of title; reserve plant and Government and con-
tractor-owned equipment layaway; and other expenses nec-
essary for the foregoing purposes including rents and trans-
portation of things, $13,547,524,000, to remain available
for obligation until September 30, 2007.
MISSILE PROCUREMENT, AIR FORCE
For construction, procurement, and modification of
missiles, spacecraft, rockets, and related equipment, includ-
ing spare parts and accessories therefor, ground handling
equipment, and training devices; expansion of public and
private plants, Government-owned equipment and installa-
tion thereof in such plants, erection of structures, and ac-
quisition of land, for the foregoing purposes, and such lands
and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; reserve plant
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and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes in-
cluding rents and transportation of things, $4,609,213,000,
to remain available for obligation until September 30,
2007.
PROCUREMENT OF AMMUNITION, AIR FORCE
For construction, procurement, production, and modi-
fication of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities authorized
by section 2854 of title 10, United States Code, and the
land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construc-
tion prosecuted thereon prior to approval of title; and pro-
curement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$1,353,859,000, to remain available for obligation until
September 30, 2007.
OTHER PROCUREMENT, AIR FORCE
For procurement and modification of equipment (in-
cluding ground guidance and electronic control equipment,
and ground electronic and communication equipment), and
supplies, materials, and spare parts therefor, not otherwise
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provided for; the purchase of passenger motor vehicles for
replacement only, and the purchase of 1 vehicle required
for physical security of personnel, notwithstanding price
limitations applicable to passenger vehicles but not to ex-
ceed $200,000 per vehicle; lease of passenger motor vehicles;
and expansion of public and private plants, Government-
owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the fore-
going purposes, and such lands and interests therein, may
be acquired, and construction prosecuted thereon, prior to
approval of title; reserve plant and Government and con-
tractor-owned equipment layaway, $13,284,897,000, to re-
main available for obligation until September 30, 2007.
PROCUREMENT, DEFENSE-WIDE
For expenses of activities and agencies of the Depart-
ment of Defense (other than the military departments) nec-
essary for procurement, production, and modification of
equipment, supplies, materials, and spare parts therefor,
not otherwise provided for; the purchase of passenger motor
vehicles for replacement only; expansion of public and pri-
vate plants, equipment, and installation thereof in such
plants, erection of structures, and acquisition of land for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior
to approval of title; reserve plant and Government and con-
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tractor-owned equipment layaway, $2,867,303,000, to re-
main available for obligation until September 30, 2007.
NATIONAL GUARD AND RESERVE EQUIPMENT
For procurement of aircraft, missiles, tracked combat
vehicles, ammunition, other weapons, and other procure-
ment for the reserve components of the Armed Forces,
$500,000,000, to remain available for obligation until Sep-
tember 30, 2007: Provided, That the Chiefs of the Reserve
and National Guard components shall, not later than 30
days after the enactment of this Act, individually submit
to the congressional defense committees the modernization
priority assessment for their respective Reserve or National
Guard component.
DEFENSE PRODUCTION ACT PURCHASES
For activities by the Department of Defense pursuant
to sections 108, 301, 302, and 303 of the Defense Production
Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093),
$42,515,000, to remain available until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND
EVALUATION
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including main-
tenance, rehabilitation, lease, and operation of facilities
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and equipment, $10,308,804,000, to remain available for
obligation until September 30, 2006.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including main-
tenance, rehabilitation, lease, and operation of facilities
and equipment, $16,748,035,000, to remain available for
obligation until September 30, 2006: Provided, That funds
appropriated in this paragraph which are available for the
V–22 may be used to meet unique operational requirements
of the Special Operations Forces: Provided further, That
funds appropriated in this paragraph shall be available for
the Cobra Judy program.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR
FORCE
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including main-
tenance, rehabilitation, lease, and operation of facilities
and equipment, $21,002,308,000, to remain available for
obligation until September 30, 2006.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
DEFENSE-WIDE
For expenses of activities and agencies of the Depart-
ment of Defense (other than the military departments), nec-
essary for basic and applied scientific research, develop-
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ment, test and evaluation; advanced research projects as
may be designated and determined by the Secretary of De-
fense, pursuant to law; maintenance, rehabilitation, lease,
and operation of facilities and equipment, $20,404,563,000,
to remain available for obligation until September 30,
2006.
OPERATIONAL TEST AND EVALUATION, DEFENSE
For expenses, not otherwise provided for, necessary for
the independent activities of the Director, Operational Test
and Evaluation, in the direction and supervision of oper-
ational test and evaluation, including initial operational
test and evaluation which is conducted prior to, and in sup-
port of, production decisions; joint operational testing and
evaluation; and administrative expenses in connection
therewith, $305,135,000, to remain available for obligation
until September 30, 2006.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
For 
the 
Defense 
Working 
Capital 
Funds,
$1,685,886,000.
NATIONAL DEFENSE SEALIFT FUND
For National Defense Sealift Fund programs, projects,
and activities, and for expenses of the National Defense Re-
serve Fleet, as established by section 11 of the Merchant
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Ship Sales Act of 1946 (50 U.S.C. App. 1744), and for the
necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States, $441,936,000, to remain available until ex-
pended: Provided, That none of the funds provided in this
paragraph shall be used to award a new contract that pro-
vides for the acquisition of any of the following major com-
ponents unless such components are manufactured in the
United States: auxiliary equipment, including pumps, for
all shipboard services; propulsion system components (that
is; engines, reduction gears, and propellers); shipboard
cranes; and spreaders for shipboard cranes: Provided fur-
ther, That the exercise of an option in a contract awarded
through the obligation of previously appropriated funds
shall not be considered to be the award of a new contract:
Provided further, That the Secretary of the military depart-
ment responsible for such procurement may waive the re-
strictions in the first proviso on a case-by-case basis by cer-
tifying in writing to the Committees on Appropriations of
the House of Representatives and the Senate that adequate
domestic supplies are not available to meet Department of
Defense requirements on a timely basis and that such an
acquisition must be made in order to acquire capability for
national security purposes.
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TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
For expenses, not otherwise provided for, for medical
and health care programs of the Department of Defense, as
authorized 
by 
law, 
$18,064,811,000, 
of 
which
$17,299,369,000 shall be for Operation and maintenance,
of which not to exceed 2 percent shall remain available until
September 30, 2006, and of which up to $8,953,494,000
may be available for contracts entered into under the
TRICARE program; of which $366,235,000, to remain
available for obligation until September 30, 2007, shall be
for Procurement; and of which $399,207,000, to remain
available for obligation until September 30, 2006, shall be
for Research, development, test and evaluation.
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, ARMY
For expenses, not otherwise provided for, necessary for
the destruction of the United States stockpile of lethal chem-
ical agents and munitions in accordance with the provi-
sions of section 1412 of the Department of Defense Author-
ization Act, 1986 (50 U.S.C. 1521), and for the destruction
of other chemical warfare materials that are not in the
chemical weapon stockpile, $1,373,990,000, of which
$1,088,801,000 shall be for Operation and maintenance;
$78,980,000 shall be for Procurement to remain available
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until September 30, 2007; $206,209,000 shall be for Re-
search, development, test and evaluation to remain avail-
able until September 30, 2006; and no less than
$137,404,000 may be for the Chemical Stockpile Emergency
Preparedness Program, of which $44,631,000 shall be for
activities on military installations and $92,773,000 shall
be to assist State and local governments.
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
DEFENSE
(INCLUDING TRANSFER OF FUNDS)
For drug interdiction and counter-drug activities of
the Department of Defense, for transfer to appropriations
available to the Department of Defense for military per-
sonnel of the reserve components serving under the provi-
sions of title 10 and title 32, United States Code; for Oper-
ation and maintenance; for Procurement; and for Research,
development, test and evaluation, $908,797,000: Provided,
That the funds appropriated under this heading shall be
available for obligation for the same time period and for
the same purpose as the appropriation to which transferred:
Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are
not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided
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under this heading is in addition to any other transfer au-
thority contained elsewhere in this Act.
OFFICE OF THE INSPECTOR GENERAL
For expenses and activities of the Office of the Inspec-
tor General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $244,562,000, of which
$242,362,000 shall be for Operation and maintenance, of
which not more than $700,000 may be used for emergency
and extraordinary expenses authorized under section 127
of title 10, United States Code; and of which $2,100,000,
to remain available until September 30, 2007, shall be for
Procurement; and of which $100,000, to remain available
until September 30, 2006, shall be for Research, develop-
ment, test and evaluation.
TITLE VII
RELATED AGENCIES
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM FUND
For payment to the Central Intelligence Agency Retire-
ment and Disability System Fund, to maintain the proper
funding level for continuing the operation of the Central
Intelligence Agency Retirement and Disability System,
$239,400,000.
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INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Intelligence Community
Management Account, $319,355,000, of which $26,953,000
for the Advanced Research and Development Committee
shall remain available until September 30, 2006: Provided,
That of the funds appropriated under this heading,
$34,911,000 shall be transferred to the Department of Jus-
tice for the National Drug Intelligence Center to support
the Department of Defense’s counter-drug intelligence re-
sponsibilities, and of the said amount, $1,500,000 for Pro-
curement shall remain available until September 30, 2007
and $1,000,000 for Research, development, test and evalua-
tion shall remain available until September 30, 2006: Pro-
vided further, That the National Drug Intelligence Center
shall maintain the personnel and technical resources to pro-
vide timely support to law enforcement authorities and the
intelligence community by conducting document and com-
puter exploitation of materials collected in Federal, State,
and local law enforcement activity associated with counter-
drug, counter-terrorism, and national security investiga-
tions and operations.
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NATIONAL SECURITY EDUCATION TRUST FUND
For the purposes of title VIII of Public Law 102–183,
$8,000,000, to be derived from the National Security Edu-
cation Trust Fund, to remain available until expended.
TITLE VIII
GENERAL PROVISIONS
SEC. 8001. No part of any appropriation contained
in this Act shall be used for publicity or propaganda pur-
poses not authorized by the Congress.
SEC. 8002. During the current fiscal year, provisions
of law prohibiting the payment of compensation to, or em-
ployment of, any person not a citizen of the United States
shall not apply to personnel of the Department of Defense:
Provided, That salary increases granted to direct and indi-
rect hire foreign national employees of the Department of
Defense funded by this Act shall not be at a rate in excess
of the percentage increase authorized by law for civilian
employees of the Department of Defense whose pay is com-
puted under the provisions of section 5332 of title 5, United
States Code, or at a rate in excess of the percentage increase
provided by the appropriate host nation to its own employ-
ees, whichever is higher: Provided further, That this section
shall not apply to Department of Defense foreign service
national employees serving at United States diplomatic
missions whose pay is set by the Department of State under
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the Foreign Service Act of 1980: Provided further, That the
limitations of this provision shall not apply to foreign na-
tional employees of the Department of Defense in the Re-
public of Turkey.
SEC. 8003. No part of any appropriation contained
in this Act shall remain available for obligation beyond the
current fiscal year, unless expressly so provided herein.
SEC. 8004. No more than 20 percent of the appropria-
tions in this Act which are limited for obligation during
the current fiscal year shall be obligated during the last 2
months of the fiscal year: Provided, That this section shall
not apply to obligations for support of active duty training
of reserve components or summer camp training of the Re-
serve Officers’ Training Corps.
(TRANSFER OF FUNDS)
SEC. 8005. Upon determination by the Secretary of
Defense that such action is necessary in the national inter-
est, he may, with the approval of the Office of Management
and Budget, transfer not to exceed $4,000,000,000 of work-
ing capital funds of the Department of Defense or funds
made available in this Act to the Department of Defense
for military functions (except military construction) be-
tween such appropriations or funds or any subdivision
thereof, to be merged with and to be available for the same
purposes, and for the same time period, as the appropria-
tion or fund to which transferred: Provided, That such au-
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thority to transfer may not be used unless for higher pri-
ority items, based on unforeseen military requirements,
than those for which originally appropriated and in no case
where the item for which funds are requested has been de-
nied by the Congress: Provided further, That the Secretary
of Defense shall notify the Congress promptly of all transfers
made pursuant to this authority or any other authority in
this Act: Provided further, That no part of the funds in
this Act shall be available to prepare or present a request
to the Committees on Appropriations for reprogramming
of funds, unless for higher priority items, based on unfore-
seen military requirements, than those for which originally
appropriated and in no case where the item for which re-
programming is requested has been denied by the Congress:
Provided 
further, 
That 
a 
request 
for 
multiple
reprogrammings of funds using authority provided in this
section must be made prior to June 30, 2005.
(TRANSFER OF FUNDS)
SEC. 8006. During the current fiscal year, cash bal-
ances in working capital funds of the Department of De-
fense established pursuant to section 2208 of title 10, United
States Code, may be maintained in only such amounts as
are necessary at any time for cash disbursements to be made
from such funds: Provided, That transfers may be made be-
tween such funds: Provided further, That transfers may be
made between working capital funds and the ‘‘Foreign Cur-
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rency Fluctuations, Defense’’ appropriation and the ‘‘Oper-
ation and Maintenance’’ appropriation accounts in such
amounts as may be determined by the Secretary of Defense,
with the approval of the Office of Management and Budget,
except that such transfers may not be made unless the Sec-
retary of Defense has notified the Congress of the proposed
transfer. Except in amounts equal to the amounts appro-
priated to working capital funds in this Act, no obligations
may be made against a working capital fund to procure
or increase the value of war reserve material inventory, un-
less the Secretary of Defense has notified the Congress prior
to any such obligation.
SEC. 8007. Funds appropriated by this Act may not
be used to initiate a special access program without prior
notification 30 calendar days in session in advance to the
congressional defense committees.
SEC. 8008. None of the funds provided in this Act shall
be available to initiate: (1) a multiyear contract that em-
ploys economic order quantity procurement in excess of
$20,000,000 in any 1 year of the contract or that includes
an unfunded contingent liability in excess of $20,000,000;
or (2) a contract for advance procurement leading to a
multiyear contract that employs economic order quantity
procurement in excess of $20,000,000 in any 1 year, unless
the congressional defense committees have been notified at
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least 30 days in advance of the proposed contract award:
Provided, That no part of any appropriation contained in
this Act shall be available to initiate a multiyear contract
for which the economic order quantity advance procurement
is not funded at least to the limits of the Government’s li-
ability: Provided further, That no part of any appropria-
tion contained in this Act shall be available to initiate
multiyear procurement contracts for any systems or compo-
nent thereof if the value of the multiyear contract would
exceed $500,000,000 unless specifically provided in this Act:
Provided further, That no multiyear procurement contract
can be terminated without 10-day prior notification to the
congressional defense committees: Provided further, That the
execution of multiyear authority shall require the use of a
present value analysis to determine lowest cost compared
to an annual procurement.
Funds appropriated in title III of this Act may be
used for multiyear procurement contracts as follows:
155 mm Lightweight Towed Howitzer.
SEC. 8009. Within the funds appropriated for the oper-
ation and maintenance of the Armed Forces, funds are here-
by appropriated pursuant to section 401 of title 10, United
States Code, for humanitarian and civic assistance costs
under chapter 20 of title 10, United States Code. Such funds
may also be obligated for humanitarian and civic assist-
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ance costs incidental to authorized operations and pursuant
to authority granted in section 401 of chapter 20 of title
10, United States Code, and these obligations shall be re-
ported as required by section 401(d) of title 10, United
States Code: Provided, That funds available for operation
and maintenance shall be available for providing humani-
tarian and similar assistance by using Civic Action Teams
in the Trust Territories of the Pacific Islands and freely
associated states of Micronesia, pursuant to the Compact
of Free Association as authorized by Public Law 99–239:
Provided further, That upon a determination by the Sec-
retary of the Army that such action is beneficial for grad-
uate medical education programs conducted at Army med-
ical facilities located in Hawaii, the Secretary of the Army
may authorize the provision of medical services at such fa-
cilities and transportation to such facilities, on a non-
reimbursable basis, for civilian patients from American
Samoa, the Commonwealth of the Northern Mariana Is-
lands, the Marshall Islands, the Federated States of Micro-
nesia, Palau, and Guam.
SEC. 8010. (a) During fiscal year 2005, the civilian
personnel of the Department of Defense may not be man-
aged on the basis of any end-strength, and the management
of such personnel during that fiscal year shall not be subject
to any constraint or limitation (known as an end-strength)
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on the number of such personnel who may be employed on
the last day of such fiscal year.
(b) The fiscal year 2006 budget request for the Depart-
ment of Defense as well as all justification material and
other documentation supporting the fiscal year 2006 De-
partment of Defense budget request shall be prepared and
submitted to the Congress as if subsections (a) and (b) of
this provision were effective with regard to fiscal year 2006.
(c) Nothing in this section shall be construed to apply
to military (civilian) technicians.
SEC. 8011. None of the funds appropriated in this or
any other Act may be used to initiate a new installation
overseas without 30-day advance notification to the Com-
mittees on Appropriations.
SEC. 8012. None of the funds made available by this
Act shall be used in any way, directly or indirectly, to in-
fluence congressional action on any legislation or appro-
priation matters pending before the Congress.
SEC. 8013. None of the funds appropriated by this Act
shall be available for the basic pay and allowances of any
member of the Army participating as a full-time student
and receiving benefits paid by the Secretary of Veterans Af-
fairs from the Department of Defense Education Benefits
Fund when time spent as a full-time student is credited
toward completion of a service commitment: Provided, That
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this subsection shall not apply to those members who have
reenlisted with this option prior to October 1, 1987: Pro-
vided further, That this subsection applies only to active
components of the Army.
SEC. 8014. (a) LIMITATION ON CONVERSION TO CON-
TRACTOR PERFORMANCE.—None of the funds appropriated
by this Act shall be available to convert to contractor per-
formance an activity or function of the Department of De-
fense that, on or after the date of the enactment of this Act,
is performed by more than 10 Department of Defense civil-
ian employees unless—
(1) the conversion is based on the result of a pub-
lic-private competition that includes a most efficient
and cost effective organization plan developed by such
activity or function; and
(2) the Competitive Sourcing Official determines
that, over all performance periods stated in the solici-
tation of offers for performance of the activity or
function, the cost of performance of the activity or
function by a contractor would be less costly to the
Department of Defense by an amount that equals or
exceeds the lesser of—
(A) 10 percent of the most efficient organi-
zation’s personnel-related costs for performance
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of that activity or function by Federal employ-
ees; or
(B) $10,000,000.
(b) EXCEPTIONS.—(1) The Department of Defense,
without regard to subsection (a) of this section or sub-
sections (a), (b), or (c) of section 2461 of title 10, United
States Code, and notwithstanding any administrative regu-
lation, requirement, or policy to the contrary shall have full
authority to enter into a contract for the performance of
any commercial or industrial type function of the Depart-
ment of Defense that—
(A) is included on the procurement list estab-
lished pursuant to section 2 of the Javits-Wagner-
O’Day Act (41 U.S.C. 47);
(B) is planned to be converted to performance by
a qualified nonprofit agency for the blind or by a
qualified nonprofit agency for other severely handi-
capped individuals in accordance with that Act; or
(C) is planned to be converted to performance by
a qualified firm under at least 51 percent ownership
by an Indian tribe, as defined in section 4(e) of the
Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450b(e)), or a Native Hawaiian Orga-
nization, as defined in section 8(a)(15) of the Small
Business Act (15 U.S.C. 637(a)(15)).
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(2) This section shall not apply to depot contracts or
contracts for depot maintenance as provided in sections
2469 and 2474 of title 10, United States Code.
(c) TREATMENT OF CONVERSION.—The conversion of
any activity or function of the Department of Defense under
the authority provided by this section shall be credited to-
ward any competitive or outsourcing goal, target, or meas-
urement that may be established by statute, regulation, or
policy and is deemed to be awarded under the authority
of, and in compliance with, subsection (h) of section 2304
of title 10, United States Code, for the competition or
outsourcing of commercial activities.
(TRANSFER OF FUNDS)
SEC. 8015. Funds appropriated in title III of this Act
for the Department of Defense Pilot Mentor-Protege Pro-
gram may be transferred to any other appropriation con-
tained in this Act solely for the purpose of implementing
a Mentor-Protege Program developmental assistance agree-
ment pursuant to section 831 of the National Defense Au-
thorization Act for Fiscal Year 1991 (Public Law 101–510;
10 U.S.C. 2301 note), as amended, under the authority of
this provision or any other transfer authority contained in
this Act.
SEC. 8016. None of the funds in this Act may be avail-
able for the purchase by the Department of Defense (and
its departments and agencies) of welded shipboard anchor
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and mooring chain 4 inches in diameter and under unless
the anchor and mooring chain are manufactured in the
United States from components which are substantially
manufactured in the United States: Provided, That for the
purpose of this section manufactured will include cutting,
heat treating, quality control, testing of chain and welding
(including the forging and shot blasting process): Provided
further, That for the purpose of this section substantially
all of the components of anchor and mooring chain shall
be considered to be produced or manufactured in the United
States if the aggregate cost of the components produced or
manufactured in the United States exceeds the aggregate
cost of the components produced or manufactured outside
the United States: Provided further, That when adequate
domestic supplies are not available to meet Department of
Defense requirements on a timely basis, the Secretary of the
service responsible for the procurement may waive this re-
striction on a case-by-case basis by certifying in writing
to the Committees on Appropriations that such an acquisi-
tion must be made in order to acquire capability for na-
tional security purposes.
SEC. 8017. None of the funds appropriated by this Act
available for the Civilian Health and Medical Program of
the Uniformed Services (CHAMPUS) or TRICARE shall
be available for the reimbursement of any health care pro-
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vider for inpatient mental health service for care received
when a patient is referred to a provider of inpatient mental
health care or residential treatment care by a medical or
health care professional having an economic interest in the
facility to which the patient is referred: Provided, That this
limitation does not apply in the case of inpatient mental
health services provided under the program for persons with
disabilities under subsection (d) of section 1079 of title 10,
United States Code, provided as partial hospital care, or
provided pursuant to a waiver authorized by the Secretary
of Defense because of medical or psychological circumstances
of the patient that are confirmed by a health professional
who is not a Federal employee after a review, pursuant to
rules prescribed by the Secretary, which takes into account
the appropriate level of care for the patient, the intensity
of services required by the patient, and the availability of
that care.
SEC. 8018. Notwithstanding any other provision of
law, during the current fiscal year, the Secretary of Defense
may, by executive agreement, establish with host nation
governments in NATO member states a separate account
into which such residual value amounts negotiated in the
return of United States military installations in NATO
member states may be deposited, in the currency of the host
nation, in lieu of direct monetary transfers to the United
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States Treasury: Provided, That such credits may be uti-
lized only for the construction of facilities to support United
States military forces in that host nation, or such real prop-
erty maintenance and base operating costs that are cur-
rently executed through monetary transfers to such host na-
tions: Provided further, That the Department of Defense’s
budget submission for fiscal year 2006 shall identify such
sums anticipated in residual value settlements, and identify
such construction, real property maintenance or base oper-
ating costs that shall be funded by the host nation through
such credits: Provided further, That all military construc-
tion projects to be executed from such accounts must be pre-
viously approved in a prior Act of Congress: Provided fur-
ther, That each such executive agreement with a NATO
member host nation shall be reported to the congressional
defense committees, the Committee on International Rela-
tions of the House of Representatives and the Committee
on Foreign Relations of the Senate 30 days prior to the
conclusion and endorsement of any such agreement estab-
lished under this provision.
SEC. 8019. None of the funds available to the Depart-
ment of Defense may be used to demilitarize or dispose of
M–1 Carbines, M–1 Garand rifles, M–14 rifles, .22 caliber
rifles, .30 caliber rifles, or M–1911 pistols.
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SEC. 8020. No more than $500,000 of the funds appro-
priated or made available in this Act shall be used during
a single fiscal year for any single relocation of an organiza-
tion, unit, activity or function of the Department of Defense
into or within the National Capital Region: Provided, That
the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying in writing to the congres-
sional defense committees that such a relocation is required
in the best interest of the Government.
SEC. 8021. In addition to the funds provided elsewhere
in this Act, $8,000,000 is appropriated only for incentive
payments authorized by Section 504 of the Indian Financ-
ing Act of 1974 (25 U.S.C. 1544): Provided, That a prime
contractor or a subcontractor at any tier that makes a sub-
contract award to any subcontractor or supplier as defined
in 25 U.S.C. 1544 or a small business owned and controlled
by an individual or individuals defined under 25 U.S.C.
4221(9) shall be considered a contractor for the purposes
of being allowed additional compensation under section 504
of the Indian Financing Act of 1974 (25 U.S.C. 1544)
whenever the prime contract or subcontract amount is over
$500,000 and involves the expenditure of funds appro-
priated by an Act making Appropriations for the Depart-
ment of Defense with respect to any fiscal year: Provided
further, That notwithstanding 41 U.S.C. 430, this section
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shall be applicable to any Department of Defense acquisi-
tion of supplies or services, including any contract and any
subcontract at any tier for acquisition of commercial items
produced or manufactured, in whole or in part by any sub-
contractor or supplier defined in 25 U.S.C. 1544 or a small
business owned and controlled by an individual or individ-
uals defined under 25 U.S.C. 4221(9): Provided further,
That businesses certified as 8(a) by the Small Business Ad-
ministration pursuant to section 8(a)(15) of Public Law
85–536, as amended, shall have the same status as other
program participants under section 602 of Public Law
100–656, 102 Stat. 3825 (Business Opportunity Develop-
ment Reform Act of 1988) for purposes of contracting with
agencies of the Department of Defense.
SEC. 8022. None of the funds appropriated by this Act
shall be available to perform any cost study pursuant to
the provisions of OMB Circular A–76 if the study being
performed exceeds a period of 24 months after initiation
of such study with respect to a single function activity or
30 months after initiation of such study for a multi-func-
tion activity.
SEC. 8023. Funds appropriated by this Act for the
American Forces Information Service shall not be used for
any national or international political or psychological ac-
tivities.
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SEC. 8024. Notwithstanding any other provision of
law or regulation, the Secretary of Defense may adjust wage
rates for civilian employees hired for certain health care
occupations as authorized for the Secretary of Veterans Af-
fairs by section 7455 of title 38, United States Code.
SEC. 8025. In addition to the amounts appropriated
or otherwise made available in this Act, $33,000,000 is
hereby appropriated to the Department of Defense: Pro-
vided, That the Secretary of Defense shall make grants in
the amount of $10,000,000 to the Military Aviation Mu-
seum of the Pacific; $10,000,000 to the Wings of Liberty
Military Museum at Fort Campbell; $3,000,000 to the
United Services Organization; $5,000,000 to the Galena
IDEA Distance Learning Program; $2,000,000 to the Na-
tional Museum of Cavalry and Armor at Fort Knox; and
$3,000,000 to the Wing Luke Asian Museum.
SEC. 8026. In addition to amounts provided elsewhere
in this Act, $2,500,000 is hereby appropriated for ‘‘Oper-
ation and Maintenance, Air Force’’ for acquisition by the
United States Air Force of Native Allotment F–14589: Pro-
vided, That in consideration of its unauthorized use and
contamination of Native Allotment F–14589, consisting of
159.7 acres, at Oliktok Point, Alaska, the United States Air
Force shall acquire Native Allotment F–14589 by payment
of $2,500,000 to the current owners of the Native Allotment.
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SEC. 8027. During the current fiscal year, the Depart-
ment of Defense is authorized to incur obligations of not
to exceed $350,000,000 for purposes specified in section
2350j(c) of title 10, United States Code, in anticipation of
receipt of contributions, only from the Government of Ku-
wait, under that section: Provided, That upon receipt, such
contributions from the Government of Kuwait shall be cred-
ited to the appropriations or fund which incurred such obli-
gations.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8028. (a) Of the funds made available in this
Act, not less than $24,971,000 shall be available for the
Civil Air Patrol Corporation, of which—
(1) $21,588,000 shall be available from ‘‘Oper-
ation and Maintenance, Air Force’’ to support Civil
Air Patrol Corporation operation and maintenance,
readiness, counterdrug activities, and drug demand
reduction activities involving youth programs;
(2) $2,581,000 shall be available from ‘‘Aircraft
Procurement, Air Force’’; and
(3) $802,000 shall be available from ‘‘Other Pro-
curement, Air Force’’ for vehicle procurement.
(b) The Secretary of the Air Force should waive reim-
bursement for any funds used by the Civil Air Patrol for
counter-drug activities in support of Federal, State, and
local government agencies.
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SEC. 8029. (a) None of the funds appropriated in this
Act are available to establish a new Department of Defense
(department) federally funded research and development
center (FFRDC), either as a new entity, or as a separate
entity administrated by an organization managing another
FFRDC, or as a nonprofit membership corporation con-
sisting of a consortium of other FFRDCs and other non-
profit entities.
(b) No member of a Board of Directors, Trustees, Over-
seers, Advisory Group, Special Issues Panel, Visiting Com-
mittee, or any similar entity of a defense FFRDC, and no
paid consultant to any defense FFRDC, except when acting
in a technical advisory capacity, may be compensated for
his or her services as a member of such entity, or as a paid
consultant by more than one FFRDC in a fiscal year: Pro-
vided, That a member of any such entity referred to pre-
viously in this subsection shall be allowed travel expenses
and per diem as authorized under the Federal Joint Travel
Regulations, when engaged in the performance of member-
ship duties.
(c) Notwithstanding any other provision of law, none
of the funds available to the department from any source
during fiscal year 2005 may be used by a defense FFRDC,
through a fee or other payment mechanism, for construction
of new buildings, for payment of cost sharing for projects
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funded by Government grants, for absorption of contract
overruns, or for certain charitable contributions, not to in-
clude employee participation in community service and/or
development.
(d) Notwithstanding any other provision of law, of the
funds available to the department during fiscal year 2005,
not more than 6,321 staff years of technical effort (staff
years) may be funded for defense FFRDCs: Provided, That
of the specific amount referred to previously in this sub-
section, not more than 1,050 staff years may be funded for
the defense studies and analysis FFRDCs.
(e) The Secretary of Defense shall, with the submission
of the department’s fiscal year 2006 budget request, submit
a report presenting the specific amounts of staff years of
technical effort to be allocated for each defense FFRDC dur-
ing that fiscal year.
(f) Notwithstanding any other provision of this Act,
the total amount appropriated in this Act for FFRDCs is
hereby reduced by $74,200,000.
SEC. 8030. None of the funds appropriated or made
available in this Act shall be used to procure carbon, alloy
or armor steel plate for use in any Government-owned facil-
ity or property under the control of the Department of De-
fense which were not melted and rolled in the United States
or Canada: Provided, That these procurement restrictions
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shall apply to any and all Federal Supply Class 9515,
American Society of Testing and Materials (ASTM) or
American Iron and Steel Institute (AISI) specifications of
carbon, alloy or armor steel plate: Provided further, That
the Secretary of the military department responsible for the
procurement may waive this restriction on a case-by-case
basis by certifying in writing to the Committees on Appro-
priations of the House of Representatives and the Senate
that adequate domestic supplies are not available to meet
Department of Defense requirements on a timely basis and
that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further,
That these restrictions shall not apply to contracts which
are in being as of the date of the enactment of this Act.
SEC. 8031. For the purposes of this Act, the term ‘‘con-
gressional defense committees’’ means the Armed Services
Committee of the House of Representatives, the Armed Serv-
ices Committee of the Senate, the Subcommittee on Defense
of the Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on Appropria-
tions of the House of Representatives.
SEC. 8032. During the current fiscal year, the Depart-
ment of Defense may acquire the modification, depot main-
tenance and repair of aircraft, vehicles and vessels as well
as the production of components and other Defense-related
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articles, through competition between Department of De-
fense depot maintenance activities and private firms: Pro-
vided, That the Senior Acquisition Executive of the military
department or Defense Agency concerned, with power of del-
egation, shall certify that successful bids include comparable
estimates of all direct and indirect costs for both public and
private bids: Provided further, That Office of Management
and Budget Circular A–76 shall not apply to competitions
conducted under this section.
SEC. 8033. (a)(1) If the Secretary of Defense, after con-
sultation with the United States Trade Representative, de-
termines that a foreign country which is party to an agree-
ment described in paragraph (2) has violated the terms of
the agreement by discriminating against certain types of
products produced in the United States that are covered by
the agreement, the Secretary of Defense shall rescind the
Secretary’s blanket waiver of the Buy American Act with
respect to such types of products produced in that foreign
country.
(2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of under-
standing, between the United States and a foreign country
pursuant to which the Secretary of Defense has prospec-
tively waived the Buy American Act for certain products
in that country.
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(b) The Secretary of Defense shall submit to the Con-
gress a report on the amount of Department of Defense pur-
chases from foreign entities in fiscal year 2005. Such report
shall separately indicate the dollar value of items for which
the Buy American Act was waived pursuant to any agree-
ment described in subsection (a)(2), the Trade Agreement
Act of 1979 (19 U.S.C. 2501 et seq.), or any international
agreement to which the United States is a party.
(c) For purposes of this section, the term ‘‘Buy Amer-
ican Act’’ means title III of the Act entitled ‘‘An Act mak-
ing appropriations for the Treasury and Post Office De-
partments for the fiscal year ending June 30, 1934, and
for other purposes’’, approved March 3, 1933 (41 U.S.C.
10a et seq.).
SEC. 8034. Appropriations contained in this Act that
remain available at the end of the current fiscal year as
a result of energy cost savings realized by the Department
of Defense shall remain available for obligation for the next
fiscal year to the extent, and for the purposes, provided in
section 2865 of title 10, United States Code.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8035. Amounts deposited during the current fis-
cal year to the special account established under 40 U.S.C.
572(b)(5)(A) and to the special account established under
10 U.S.C. 2667(d)(1) are appropriated and shall be avail-
able until transferred by the Secretary of Defense to current
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applicable appropriations or funds of the Department of
Defense under the terms and conditions specified by 40
U.S.C. 572(b)(5)(B) and 10 U.S.C. 2667(d)(1)(B), to be
merged with and to be available for the same time period
and the same purposes as the appropriation to which trans-
ferred.
SEC. 8036. None of the funds appropriated in this Act
shall be used to study, demonstrate, or implement any plans
privatizing, divesting or transferring of any Civil Works
missions, functions, or responsibilities for the United States
Army Corps of Engineers to other government agencies
without specific direction in a subsequent Act of Congress.
SEC. 8037. Notwithstanding any other provision of
law, funds available for ‘‘Drug Interdiction and Counter-
Drug Activities, Defense’’ may be obligated for the Young
Marines program.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8038. During the current fiscal year, amounts
contained in the Department of Defense Overseas Military
Facility Investment Recovery Account established by section
2921(c)(1) of the National Defense Authorization Act of
1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall be
available until expended for the payments specified by sec-
tion 2921(c)(2) of that Act.
SEC. 8039. (a) IN GENERAL.—Notwithstanding any
other provision of law, the Secretary of the Air Force may
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convey at no cost to the Air Force, without consideration,
to Indian tribes located in the States of North Dakota,
South Dakota, Montana, and Minnesota relocatable mili-
tary housing units located at Grand Forks Air Force Base
and Minot Air Force Base that are excess to the needs of
the Air Force.
(b) PROCESSING OF REQUESTS.—The Secretary of the
Air Force shall convey, at no cost to the Air Force, military
housing units under subsection (a) in accordance with the
request for such units that are submitted to the Secretary
by the Operation Walking Shield Program on behalf of In-
dian tribes located in the States of North Dakota, South
Dakota, Montana, and Minnesota.
(c) RESOLUTION OF HOUSING UNIT CONFLICTS.—The
Operation Walking Shield program shall resolve any con-
flicts among requests of Indian tribes for housing units
under subsection (a) before submitting requests to the Sec-
retary of the Air Force under subsection (b).
(d) INDIAN TRIBE DEFINED.—In this section, the term
‘‘Indian tribe’’ means any recognized Indian tribe included
on the current list published by the Secretary of the Interior
under section 104 of the Federally Recognized Indian Tribe
Act of 1994 (Public Law 103–454; 108 Stat. 4792; 25
U.S.C. 479a–1).
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SEC. 8040. During the current fiscal year, appropria-
tions which are available to the Department of Defense for
operation and maintenance may be used to purchase items
having an investment item unit cost of not more than
$250,000.
SEC. 8041. (a) During the current fiscal year, none
of the appropriations or funds available to the Department
of Defense Working Capital Funds shall be used for the pur-
chase of an investment item for the purpose of acquiring
a new inventory item for sale or anticipated sale during
the current fiscal year or a subsequent fiscal year to cus-
tomers of the Department of Defense Working Capital
Funds if such an item would not have been chargeable to
the Department of Defense Business Operations Fund dur-
ing fiscal year 1994 and if the purchase of such an invest-
ment item would be chargeable during the current fiscal
year to appropriations made to the Department of Defense
for procurement.
(b) The fiscal year 2006 budget request for the Depart-
ment of Defense as well as all justification material and
other documentation supporting the fiscal year 2006 De-
partment of Defense budget shall be prepared and submitted
to the Congress on the basis that any equipment which was
classified as an end item and funded in a procurement ap-
propriation contained in this Act shall be budgeted for in
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a proposed fiscal year 2006 procurement appropriation and
not in the supply management business area or any other
area or category of the Department of Defense Working
Capital Funds.
SEC. 8042. None of the funds appropriated by this Act
for programs of the Central Intelligence Agency shall re-
main available for obligation beyond the current fiscal year,
except for funds appropriated for the Reserve for Contin-
gencies, which shall remain available until September 30,
2006: Provided, That funds appropriated, transferred, or
otherwise credited to the Central Intelligence Agency Cen-
tral Services Working Capital Fund during this or any
prior or subsequent fiscal year shall remain available until
expended: Provided further, That any funds appropriated
or transferred to the Central Intelligence Agency for ad-
vanced research and development acquisition, for agent op-
erations, and for covert action programs authorized by the
President under section 503 of the National Security Act
of 1947, as amended, shall remain available until Sep-
tember 30, 2006.
SEC. 8043. Notwithstanding any other provision of
law, funds made available in this Act for the Defense Intel-
ligence Agency may be used for the design, development, and
deployment of General Defense Intelligence Program intel-
ligence communications and intelligence information sys-
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tems for the Services, the Unified and Specified Commands,
and the component commands.
SEC. 8044. Of the funds appropriated to the Depart-
ment of Defense under the heading ‘‘Operation and Mainte-
nance, Defense-Wide’’, not less than $10,000,000 shall be
made available only for the mitigation of environmental
impacts, including training and technical assistance to
tribes, related administrative support, the gathering of in-
formation, documenting of environmental damage, and de-
veloping a system for prioritization of mitigation and cost
to complete estimates for mitigation, on Indian lands re-
sulting from Department of Defense activities.
SEC. 8045. (a) None of the funds appropriated in this
Act may be expended by an entity of the Department of
Defense unless the entity, in expending the funds, complies
with the Buy American Act. For purposes of this subsection,
the term ‘‘Buy American Act’’ means title III of the Act
entitled ‘‘An Act making appropriations for the Treasury
and Post Office Departments for the fiscal year ending June
30, 1934, and for other purposes’’, approved March 3, 1933
(41 U.S.C. 10a et seq.).
(b) If the Secretary of Defense determines that a person
has been convicted of intentionally affixing a label bearing
a ‘‘Made in America’’ inscription to any product sold in
or shipped to the United States that is not made in Amer-
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ica, the Secretary shall determine, in accordance with sec-
tion 2410f of title 10, United States Code, whether the per-
son should be debarred from contracting with the Depart-
ment of Defense.
(c) In the case of any equipment or products purchased
with appropriations provided under this Act, it is the sense
of the Congress that any entity of the Department of De-
fense, in expending the appropriation, purchase only Amer-
ican-made equipment and products, provided that Amer-
ican-made equipment and products are cost-competitive,
quality-competitive, and available in a timely fashion.
SEC. 8046. None of the funds appropriated by this Act
shall be available for a contract for studies, analysis, or
consulting services entered into without competition on the
basis of an unsolicited proposal unless the head of the activ-
ity responsible for the procurement determines—
(1) as a result of thorough technical evaluation,
only one source is found fully qualified to perform the
proposed work;
(2) the purpose of the contract is to explore an
unsolicited proposal which offers significant scientific
or technological promise, represents the product of
original thinking, and was submitted in confidence
by one source; or
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(3) the purpose of the contract is to take advan-
tage of unique and significant industrial accomplish-
ment by a specific concern, or to insure that a new
product or idea of a specific concern is given finan-
cial support:
Provided, That this limitation shall not apply to contracts
in an amount of less than $25,000, contracts related to im-
provements of equipment that is in development or produc-
tion, or contracts as to which a civilian official of the De-
partment of Defense, who has been confirmed by the Senate,
determines that the award of such contract is in the interest
of the national defense.
SEC. 8047. (a) Except as provided in subsection (b)
and (c), none of the funds made available by this Act may
be used—
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the
Armed Forces or civilian employee of the department
who is transferred or reassigned from a headquarters
activity if the member or employee’s place of duty re-
mains at the location of that headquarters.
(b) The Secretary of Defense or Secretary of a military
department may waive the limitations in subsection (a),
on a case-by-case basis, if the Secretary determines, and cer-
tifies to the Committees on Appropriations of the House of
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Representatives and Senate that the granting of the waiver
will reduce the personnel requirements or the financial re-
quirements of the department.
(c) This section does not apply to field operating agen-
cies funded within the National Foreign Intelligence Pro-
gram.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8048. (a) Upon a determination by the Secretary
of the Navy that the vessel USNS Capable (T–AGOS 16)
is no longer needed by the Navy, the Secretary shall transfer
such vessel to the National Oceanic and Atmospheric Ad-
ministration as an exploration and research ship.
(b) Upon a transfer of the vessel USNS Capable (T–
AGOS 16) under subsection (a), the Secretary of the Navy
shall transfer to the Secretary of Commerce $18,000,000 out
of funds appropriated by title IV under the heading ‘‘Re-
search, Development, Test and Evaluation, Navy’’. The
amount so transferred shall be available to the National
Oceanographic and Atmospheric Administration for the
conversion of the vessel for use as an exploration and re-
search ship.
(RESCISSIONS)
SEC. 8049. Of the funds appropriated in Department
of Defense Appropriations Acts, the following funds are
hereby rescinded from the following accounts and programs
in the specified amounts:
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‘‘Shipbuilding and Conversion, Navy, 2002/
2006’’, $20,444,000;
‘‘Weapons 
Procurement, 
Navy, 
2004/2006’’,
$15,157,000;
‘‘Other 
Procurement, 
Navy, 
2004/2006’’,
$54,338,000;
‘‘Procurement, 
Defense-Wide, 
2004/2006’’,
$23,571,000;
‘‘Research, Development, Test and Evaluation,
Army, 2004/2005’’, $25,000,000; and
‘‘Research, Development, Test and Evaluation,
Defense-Wide, 2004/2005’’, $10,100,000.
SEC. 8050. None of the funds available in this Act may
be used to reduce the authorized positions for military (ci-
vilian) technicians of the Army National Guard, the Air
National Guard, Army Reserve and Air Force Reserve for
the purpose of applying any administratively imposed ci-
vilian personnel ceiling, freeze, or reduction on military (ci-
vilian) technicians, unless such reductions are a direct re-
sult of a reduction in military force structure.
SEC. 8051. None of the funds appropriated or other-
wise made available in this Act may be obligated or ex-
pended for assistance to the Democratic People’s Republic
of North Korea unless specifically appropriated for that
purpose.
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SEC. 8052. During the current fiscal year, funds ap-
propriated in this Act are available to compensate members
of the National Guard for duty performed pursuant to a
plan submitted by a Governor of a State and approved by
the Secretary of Defense under section 112 of title 32,
United States Code: Provided, That during the performance
of such duty, the members of the National Guard shall be
under State command and control: Provided further, That
such duty shall be treated as full-time National Guard duty
for purposes of sections 12602(a)(2) and (b)(2) of title 10,
United States Code.
SEC. 8053. Funds appropriated in this Act for oper-
ation and maintenance of the Military Departments, Com-
batant Commands and Defense Agencies shall be available
for reimbursement of pay, allowances and other expenses
which would otherwise be incurred against appropriations
for the National Guard and Reserve when members of the
National Guard and Reserve provide intelligence or coun-
terintelligence support to Combatant Commands, Defense
Agencies and Joint Intelligence Activities, including the ac-
tivities and programs included within the National Foreign
Intelligence Program (NFIP), the Joint Military Intel-
ligence Program (JMIP), and the Tactical Intelligence and
Related Activities (TIARA) aggregate: Provided, That noth-
ing in this section authorizes deviation from established Re-
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serve and National Guard personnel and training proce-
dures.
SEC. 8054. During the current fiscal year, none of the
funds appropriated in this Act may be used to reduce the
civilian medical and medical support personnel assigned to
military treatment facilities below the September 30, 2003
level: Provided, That the Service Surgeons General may
waive this section by certifying to the congressional defense
committees that the beneficiary population is declining in
some catchment areas and civilian strength reductions may
be consistent with responsible resource stewardship and
capitation-based budgeting.
SEC. 8055. (a) LIMITATION ON PENTAGON RENOVA-
TION COSTS.—Not later than the date each year on which
the President submits to Congress the budget under section
1105 of title 31, United States Code, the Secretary of De-
fense shall submit to Congress a certification that the total
cost for the planning, design, construction, and installation
of equipment for the renovation of wedges 2 through 5 of
the Pentagon Reservation, cumulatively, will not exceed
four times the total cost for the planning, design, construc-
tion, and installation of equipment for the renovation of
wedge 1.
(b) ANNUAL ADJUSTMENT.—For purposes of applying
the limitation in subsection (a), the Secretary shall adjust
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the cost for the renovation of wedge 1 by any increase or
decrease in costs attributable to economic inflation, based
on the most recent economic assumptions issued by the Of-
fice of Management and Budget for use in preparation of
the budget of the United States under section 1104 of title
31, United States Code.
(c) EXCLUSION OF CERTAIN COSTS.—For purposes of
calculating the limitation in subsection (a), the total cost
for wedges 2 through 5 shall not include—
(1) any repair or reconstruction cost incurred as
a result of the terrorist attack on the Pentagon that
occurred on September 11, 2001;
(2) any increase in costs for wedges 2 through 5
attributable to compliance with new requirements of
Federal, State, or local laws; and
(3) any increase in costs attributable to addi-
tional security requirements that the Secretary of De-
fense considers essential to provide a safe and secure
working environment.
(d) CERTIFICATION COST REPORTS.—As part of the
annual certification under subsection (a), the Secretary
shall report the projected cost (as of the time of the certifi-
cation) for—
(1) the renovation of each wedge, including the
amount adjusted or otherwise excluded for such wedge
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under the authority of paragraphs (2) and (3) of sub-
section (c) for the period covered by the certification;
and
(2) the repair and reconstruction of wedges 1
and 2 in response to the terrorist attack on the Pen-
tagon that occurred on September 11, 2001.
(e) DURATION OF CERTIFICATION REQUIREMENT.—
The requirement to make an annual certification under
subsection (a) shall apply until the Secretary certifies to
Congress that the renovation of the Pentagon Reservation
is completed.
SEC. 8056. Notwithstanding any other provision of
law, that not more than 35 percent of funds provided in
this Act for environmental remediation may be obligated
under indefinite delivery/indefinite quantity contracts with
a total contract value of $130,000,000 or higher.
SEC. 8057. (a) None of the funds available to the De-
partment of Defense for any fiscal year for drug interdic-
tion or counter-drug activities may be transferred to any
other department or agency of the United States except as
specifically provided in an appropriations law.
(b) None of the funds available to the Central Intel-
ligence Agency for any fiscal year for drug interdiction and
counter-drug activities may be transferred to any other de-
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partment or agency of the United States except as specifi-
cally provided in an appropriations law.
(TRANSFER OF FUNDS)
SEC. 8058. Appropriations available in this Act under
the heading ‘‘Operation and Maintenance, Defense-Wide’’
for increasing energy and water efficiency in Federal build-
ings may, during their period of availability, be transferred
to other appropriations or funds of the Department of De-
fense for projects related to increasing energy and water ef-
ficiency, to be merged with and to be available for the same
general purposes, and for the same time period, as the ap-
propriation or fund to which transferred.
SEC. 8059. None of the funds appropriated by this Act
may be used for the procurement of ball and roller bearings
other than those produced by a domestic source and of do-
mestic origin: Provided, That the Secretary of the military
department responsible for such procurement may waive
this restriction on a case-by-case basis by certifying in writ-
ing to the Committees on Appropriations of the House of
Representatives and the Senate, that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That this restriction
shall not apply to the purchase of ‘‘commercial items’’, as
defined by section 4(12) of the Office of Federal Procure-
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ment Policy Act, except that the restriction shall apply to
ball or roller bearings purchased as end items.
SEC. 8060. Notwithstanding any other provision of
law, funds available to the Department of Defense shall be
made available to provide transportation of medical sup-
plies and equipment, on a nonreimbursable basis, to Amer-
ican Samoa, and funds available to the Department of De-
fense shall be made available to provide transportation of
medical supplies and equipment, on a nonreimbursable
basis, to the Indian Health Service when it is in conjunc-
tion with a civil-military project.
SEC. 8061. None of the funds in this Act may be used
to purchase any supercomputer which is not manufactured
in the United States, unless the Secretary of Defense cer-
tifies to the congressional defense committees that such an
acquisition must be made in order to acquire capability for
national security purposes that is not available from
United States manufacturers.
SEC. 8062. (a) The total amount appropriated or oth-
erwise made available in titles II, III and IV of this Act
is hereby reduced by $835,000,000 to reflect savings from
revised economic assumptions.
(b) The Secretary of Defense shall allocate this reduc-
tion proportionally to each budget activity, activity group,
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subactivity group, and each program, project, and activity
within each applicable appropriation account.
SEC. 8063. Notwithstanding any other provision of
law, each contract awarded by the Department of Defense
during the current fiscal year for construction or service
performed in whole or in part in a State (as defined in
section 381(d) of title 10, United States Code) which is not
contiguous with another State and has an unemployment
rate in excess of the national average rate of unemployment
as determined by the Secretary of Labor, shall include a
provision requiring the contractor to employ, for the pur-
pose of performing that portion of the contract in such State
that is not contiguous with another State, individuals who
are residents of such State and who, in the case of any craft
or trade, possess or would be able to acquire promptly the
necessary skills: Provided, That the Secretary of Defense
may waive the requirements of this section, on a case-by-
case basis, in the interest of national security.
SEC. 8064. None of the funds made available in this
or any other Act may be used to pay the salary of any
officer or employee of the Department of Defense who ap-
proves or implements the transfer of administrative respon-
sibilities or budgetary resources of any program, project,
or activity financed by this Act to the jurisdiction of an-
other Federal agency not financed by this Act without the
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express authorization of Congress: Provided, That this limi-
tation shall not apply to transfers of funds expressly pro-
vided for in Defense Appropriations Acts, or provisions of
Acts providing supplemental appropriations for the De-
partment of Defense.
SEC. 8065. (a) LIMITATION ON TRANSFER OF DE-
FENSE ARTICLES AND SERVICES.—Notwithstanding any
other provision of law, none of the funds available to the
Department of Defense for the current fiscal year may be
obligated or expended to transfer to another nation or an
international organization any defense articles or services
(other than intelligence services) for use in the activities de-
scribed in subsection (b) unless the congressional defense
committees, the Committee on International Relations of
the House of Representatives, and the Committee on For-
eign Relations of the Senate are notified 15 days in advance
of such transfer.
(b) COVERED ACTIVITIES.—This section applies to—
(1) any international peacekeeping or peace-en-
forcement operation under the authority of chapter VI
or chapter VII of the United Nations Charter under
the authority of a United Nations Security Council
resolution; and
(2) any other international peacekeeping, peace-
enforcement, or humanitarian assistance operation.
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(c) REQUIRED NOTICE.—A notice under subsection (a)
shall include the following:
(1) A description of the equipment, supplies, or
services to be transferred.
(2) A statement of the value of the equipment,
supplies, or services to be transferred.
(3) In the case of a proposed transfer of equip-
ment or supplies—
(A) a statement of whether the inventory re-
quirements of all elements of the Armed Forces
(including the reserve components) for the type
of equipment or supplies to be transferred have
been met; and
(B) a statement of whether the items pro-
posed to be transferred will have to be replaced
and, if so, how the President proposes to provide
funds for such replacement.
SEC. 8066. To the extent authorized by subchapter VI
of chapter 148 of title 10, United States Code, the Secretary
of Defense may issue loan guarantees in support of United
States defense exports not otherwise provided for: Provided,
That the total contingent liability of the United States for
guarantees issued under the authority of this section may
not exceed $15,000,000,000: Provided further, That the ex-
posure fees charged and collected by the Secretary for each
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guarantee shall be paid by the country involved and shall
not be financed as part of a loan guaranteed by the United
States: Provided further, That the Secretary shall provide
quarterly reports to the Committees on Appropriations,
Armed Services, and Foreign Relations of the Senate and
the Committees on Appropriations, Armed Services, and
International Relations in the House of Representatives on
the implementation of this program: Provided further, That
amounts charged for administrative fees and deposited to
the special account provided for under section 2540c(d) of
title 10, shall be available for paying the costs of adminis-
trative expenses of the Department of Defense that are at-
tributable to the loan guarantee program under subchapter
VI of chapter 148 of title 10, United States Code.
SEC. 8067. None of the funds available to the Depart-
ment of Defense under this Act shall be obligated or ex-
pended to pay a contractor under a contract with the De-
partment of Defense for costs of any amount paid by the
contractor to an employee when—
(1) such costs are for a bonus or otherwise in ex-
cess of the normal salary paid by the contractor to the
employee; and
(2) such bonus is part of restructuring costs asso-
ciated with a business combination.
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SEC. 8068. Notwithstanding any other provision of
law, none of the funds provided in this Act may be used
to pay any fee charged by the Department of State for the
purpose of constructing new United States diplomatic fa-
cilities.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8069. During the current fiscal year, no more
than $30,000,000 of appropriations made in this Act under
the heading ‘‘Operation and Maintenance, Defense-Wide’’
may be transferred to appropriations available for the pay
of military personnel, to be merged with, and to be available
for the same time period as the appropriations to which
transferred, to be used in support of such personnel in con-
nection with support and services for eligible organizations
and activities outside the Department of Defense pursuant
to section 2012 of title 10, United States Code.
SEC. 8070. During the current fiscal year, in the case
of an appropriation account of the Department of Defense
for which the period of availability for obligation has ex-
pired or which has closed under the provisions of section
1552 of title 31, United States Code, and which has a nega-
tive unliquidated or unexpended balance, an obligation or
an adjustment of an obligation may be charged to any cur-
rent appropriation account for the same purpose as the ex-
pired or closed account if—
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(1) the obligation would have been properly
chargeable (except as to amount) to the expired or
closed account before the end of the period of avail-
ability or closing of that account;
(2) the obligation is not otherwise properly
chargeable to any current appropriation account of
the Department of Defense; and
(3) in the case of an expired account, the obliga-
tion is not chargeable to a current appropriation of
the Department of Defense under the provisions of sec-
tion 1405(b)(8) of the National Defense Authorization
Act for Fiscal Year 1991, Public Law 101–510, as
amended (31 U.S.C. 1551 note): Provided, That in
the case of an expired account, if subsequent review
or investigation discloses that there was not in fact a
negative unliquidated or unexpended balance in the
account, any charge to a current account under the
authority of this section shall be reversed and re-
corded against the expired account: Provided further,
That the total amount charged to a current appro-
priation under this section may not exceed an
amount equal to 1 percent of the total appropriation
for that account.
SEC. 8071. Funds appropriated in title II of this Act
and for the Defense Health Program in title VI of this Act
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for supervision and administration costs for facilities
maintenance and repair, minor construction, or design
projects, or any planning studies, environmental assess-
ments, or similar activities related to installation support
functions, may be obligated at the time the reimbursable
order is accepted by the performing activity: Provided, That
for the purpose of this section, supervision and administra-
tion costs includes all in-house Government cost.
SEC. 8072. (a) Notwithstanding any other provision
of law, the Chief of the National Guard Bureau may permit
the use of equipment of the National Guard Distance Learn-
ing Project by any person or entity on a space-available,
reimbursable basis. The Chief of the National Guard Bu-
reau shall establish the amount of reimbursement for such
use on a case-by-case basis.
(b) Amounts collected under subsection (a) shall be
credited to funds available for the National Guard Distance
Learning Project and be available to defray the costs associ-
ated with the use of equipment of the project under that
subsection. Such funds shall be available for such purposes
without fiscal year limitation.
SEC. 8073. Using funds available by this Act or any
other Act, the Secretary of the Air Force, pursuant to a
determination under section 2690 of title 10, United States
Code, may implement cost-effective agreements for required
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heating facility modernization in the Kaiserslautern Mili-
tary Community in the Federal Republic of Germany: Pro-
vided, That in the City of Kaiserslautern such agreements
will include the use of United States anthracite as the base
load energy for municipal district heat to the United States
Defense installations: Provided further, That at Landstuhl
Army Regional Medical Center and Ramstein Air Base,
furnished heat may be obtained from private, regional or
municipal services, if provisions are included for the con-
sideration of United States coal as an energy source.
SEC. 8074. None of the funds appropriated in title IV
of this Act may be used to procure end-items for delivery
to military forces for operational training, operational use
or inventory requirements: Provided, That this restriction
does not apply to end-items used in development, proto-
typing, and test activities preceding and leading to accept-
ance for operational use: Provided further, That this restric-
tion does not apply to programs funded within the National
Foreign Intelligence Program: Provided further, That the
Secretary of Defense may waive this restriction on a case-
by-case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the
Senate that it is in the national security interest to do so.
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SEC. 8075. None of the funds made available in this
Act may be used to approve or license the sale of the F–
22 advanced tactical fighter to any foreign government.
SEC. 8076. (a) The Secretary of Defense may, on a
case-by-case basis, waive with respect to a foreign country
each limitation on the procurement of defense items from
foreign sources provided in law if the Secretary determines
that the application of the limitation with respect to that
country would invalidate cooperative programs entered into
between the Department of Defense and the foreign country,
or would invalidate reciprocal trade agreements for the pro-
curement of defense items entered into under section 2531
of title 10, United States Code, and the country does not
discriminate against the same or similar defense items pro-
duced in the United States for that country.
(b) Subsection (a) applies with respect to—
(1) contracts and subcontracts entered into on or
after the date of the enactment of this Act; and
(2) options for the procurement of items that are
exercised after such date under contracts that are en-
tered into before such date if the option prices are ad-
justed for any reason other than the application of a
waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation re-
garding construction of public vessels, ball and roller bear-
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ings, food, and clothing or textile materials as defined by
section 11 (chapters 50–65) of the Harmonized Tariff
Schedule and products classified under headings 4010,
4202, 4203, 6401 through 6406, 6505, 7019, 7218 through
7229, 7304.41 through 7304.49, 7306.40, 7502 through
7508, 8105, 8108, 8109, 8211, 8215, and 9404.
SEC. 8077. (a) PROHIBITION.—None of the funds made
available by this Act may be used to support any training
program involving a unit of the security forces of a foreign
country if the Secretary of Defense has received credible in-
formation from the Department of State that the unit has
committed a gross violation of human rights, unless all nec-
essary corrective steps have been taken.
(b) MONITORING.—The Secretary of Defense, in con-
sultation with the Secretary of State, shall ensure that prior
to a decision to conduct any training program referred to
in subsection (a), full consideration is given to all credible
information available to the Department of State relating
to human rights violations by foreign security forces.
(c) WAIVER.—The Secretary of Defense, after consulta-
tion with the Secretary of State, may waive the prohibition
in subsection (a) if he determines that such waiver is re-
quired by extraordinary circumstances.
(d) REPORT.—Not more than 15 days after the exercise
of any waiver under subsection (c), the Secretary of Defense
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shall submit a report to the congressional defense commit-
tees describing the extraordinary circumstances, the purpose
and duration of the training program, the United States
forces and the foreign security forces involved in the train-
ing program, and the information relating to human rights
violations that necessitates the waiver.
SEC. 8078. (a) The Secretary of Defense, in coordina-
tion with the Secretary of Health and Human Services,
may carry out a program to distribute surplus dental and
medical equipment of the Department of Defense, at no cost
to the Department of Defense, to Indian Health Service fa-
cilities and to federally-qualified health centers (within the
meaning of section 1905(l)(2)(B) of the Social Security Act
(42 U.S.C. 1396d(l)(2)(B))).
(b) In carrying out this provision, the Secretary of De-
fense shall give the Indian Health Service a property dis-
posal priority equal to the priority given to the Department
of Defense and its twelve special screening programs in dis-
tribution of surplus dental and medical supplies and equip-
ment.
SEC. 8079. None of the funds appropriated or made
available in this Act to the Department of the Navy shall
be used to develop, lease or procure the T–AKE class of ships
unless the main propulsion diesel engines and propulsors
are manufactured in the United States by a domestically
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operated entity: Provided, That the Secretary of Defense
may waive this restriction on a case-by-case basis by certi-
fying in writing to the Committees on Appropriations of
the House of Representatives and the Senate that adequate
domestic supplies are not available to meet Department of
Defense requirements on a timely basis and that such an
acquisition must be made in order to acquire capability for
national security purposes or there exists a significant cost
or quality difference.
SEC. 8080. None of the funds appropriated or other-
wise made available by this or other Department of Defense
Appropriations Acts may be obligated or expended for the
purpose of performing repairs or maintenance to military
family housing units of the Department of Defense, includ-
ing areas in such military family housing units that may
be used for the purpose of conducting official Department
of Defense business.
SEC. 8081. Notwithstanding any other provision of
law, funds appropriated in this Act under the heading ‘‘Re-
search, Development, Test and Evaluation, Defense-Wide’’
for any advanced concept technology demonstration project
may only be obligated 30 days after a report, including a
description of the project, the planned acquisition and tran-
sition strategy and its estimated annual and total cost, has
been provided in writing to the congressional defense com-
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mittees: Provided, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying to the
congressional defense committees that it is in the national
interest to do so.
SEC. 8082. The Secretary of Defense shall provide a
classified quarterly report, beginning 30 days after enact-
ment, to the House and Senate Appropriations Committees,
Subcommittees on Defense on certain matters as directed
in the classified annex accompanying this Act.
SEC. 8083. The amount appropriated in title II for
‘‘Operation and Maintenance, Air Force’’ is hereby reduced
by $300,000,000 to reflect cash balance and rate stabiliza-
tion adjustments in the Department of Defense Transpor-
tation Working Capital Fund.
SEC. 8084. (a) REGISTERING FINANCIAL MANAGE-
MENT INFORMATION TECHNOLOGY SYSTEMS WITH DOD
CHIEF INFORMATION OFFICER.—None of the funds appro-
priated in this Act may be used for a mission critical or
mission essential financial management information tech-
nology system (including a system funded by the defense
working capital fund) that is not registered with the Chief
Information Officer of the Department of Defense. A system
shall be considered to be registered with that officer upon
the furnishing to that officer of notice of the system, together
with such information concerning the system as the Sec-
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retary of Defense may prescribe. A financial management
information technology system shall be considered a mission
critical or mission essential information technology system
as defined by the Under Secretary of Defense (Comptroller).
(b) CERTIFICATIONS AS TO COMPLIANCE WITH FINAN-
CIAL MANAGEMENT MODERNIZATION PLAN.—
(1) During the current fiscal year, a financial
management automated information system, a mixed
information system supporting financial and non-fi-
nancial systems, or a system improvement of more
than $1,000,000 may not receive Milestone A ap-
proval, Milestone B approval, or full rate production,
or their equivalent, within the Department of Defense
until the Under Secretary of Defense (Comptroller)
certifies, with respect to that milestone, that the sys-
tem is being developed and managed in accordance
with the Department’s Financial Management Mod-
ernization Plan. The Under Secretary of Defense
(Comptroller) may require additional certifications,
as appropriate, with respect to any such system.
(2) The Chief Information Officer shall provide
the congressional defense committees timely notifica-
tion of certifications under paragraph (1).
(c) CERTIFICATIONS
AS
TO
COMPLIANCE
WITH
CLINGER-COHEN ACT.—
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(1) During the current fiscal year, a major auto-
mated information system may not receive Milestone
A approval, Milestone B approval, or full rate pro-
duction approval, or their equivalent, within the De-
partment of Defense until the Chief Information Offi-
cer certifies, with respect to that milestone, that the
system is being developed in accordance with the
Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.).
The Chief Information Officer may require additional
certifications, as appropriate, with respect to any
such system.
(2) The Chief Information Officer shall provide
the congressional defense committees timely notifica-
tion of certifications under paragraph (1). Each such
notification shall include, at a minimum, the funding
baseline and milestone schedule for each system cov-
ered by such a certification and confirmation that the
following steps have been taken with respect to the
system:
(A) Business process reengineering.
(B) An analysis of alternatives.
(C) An economic analysis that includes a
calculation of the return on investment.
(D) Performance measures.
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(E) An information assurance strategy con-
sistent with the Department’s Global Informa-
tion Grid.
(d) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘Chief Information Officer’’ means
the senior official of the Department of Defense des-
ignated by the Secretary of Defense pursuant to sec-
tion 3506 of title 44, United States Code.
(2) The term ‘‘information technology system’’
has the meaning given the term ‘‘information tech-
nology’’ in section 5002 of the Clinger-Cohen Act of
1996 (40 U.S.C. 1401).
SEC. 8085. During the current fiscal year, none of the
funds available to the Department of Defense may be used
to provide support to another department or agency of the
United States if such department or agency is more than
90 days in arrears in making payment to the Department
of Defense for goods or services previously provided to such
department or agency on a reimbursable basis: Provided,
That this restriction shall not apply if the department is
authorized by law to provide support to such department
or agency on a nonreimbursable basis, and is providing the
requested support pursuant to such authority: Provided fur-
ther, That the Secretary of Defense may waive this restric-
tion on a case-by-case basis by certifying in writing to the
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Committees on Appropriations of the House of Representa-
tives and the Senate that it is in the national security inter-
est to do so.
SEC. 8086. None of the funds provided in this Act may
be used to transfer to any nongovernmental entity ammuni-
tion held by the Department of Defense that has a center-
fire cartridge and a United States military nomenclature
designation of ‘‘armor penetrator’’, ‘‘armor piercing (AP)’’,
‘‘armor piercing incendiary (API)’’, or ‘‘armor-piercing in-
cendiary-tracer (API–T)’’, except to an entity performing
demilitarization services for the Department of Defense
under a contract that requires the entity to demonstrate to
the satisfaction of the Department of Defense that armor
piercing projectiles are either: (1) rendered incapable of
reuse by the demilitarization process; or (2) used to manu-
facture ammunition pursuant to a contract with the De-
partment of Defense or the manufacture of ammunition for
export pursuant to a License for Permanent Export of Un-
classified Military Articles issued by the Department of
State.
SEC. 8087. Notwithstanding any other provision of
law, the Chief of the National Guard Bureau, or his des-
ignee, may waive payment of all or part of the consider-
ation that otherwise would be required under 10 U.S.C.
2667, in the case of a lease of personal property for a period
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not in excess of 1 year to any organization specified in 32
U.S.C. 508(d), or any other youth, social, or fraternal non-
profit organization as may be approved by the Chief of the
National Guard Bureau, or his designee, on a case-by-case
basis.
SEC. 8088. None of the funds appropriated by this Act
shall be used for the support of any nonappropriated funds
activity of the Department of Defense that procures malt
beverages and wine with nonappropriated funds for resale
(including such alcoholic beverages sold by the drink) on
a military installation located in the United States unless
such malt beverages and wine are procured within that
State, or in the case of the District of Columbia, within
the District of Columbia, in which the military installation
is located: Provided, That in a case in which the military
installation is located in more than one State, purchases
may be made in any State in which the installation is lo-
cated: Provided further, That such local procurement re-
quirements for malt beverages and wine shall apply to all
alcoholic beverages only for military installations in States
which are not contiguous with another State: Provided fur-
ther, That alcoholic beverages other than wine and malt bev-
erages, in contiguous States and the District of Columbia
shall be procured from the most competitive source, price
and other factors considered.
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SEC. 8089. Up to $3,000,000 of the funds appropriated
under the heading ‘‘Operation and Maintenance, Navy’’ in
this Act for the Pacific Missile Range Facility may be made
available to contract for the repair, maintenance, and oper-
ation of adjacent off-base water, drainage, and flood control
systems, electrical upgrade to support additional missions
critical to base operations, and support for a range foot-
print expansion to further guard against encroachment.
SEC. 8090. Funds available to the Department of De-
fense for the Global Positioning System during the current
fiscal year may be used to fund civil requirements associ-
ated with the satellite and ground control segments of such
system’s modernization program.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8091. (a) Of the amounts appropriated in this
Act under the heading, ‘‘Research, Development, Test and
Evaluation, Defense-Wide’’, $60,000,000 shall remain
available until expended: Provided, That notwithstanding
any other provision of law, the Secretary of Defense is au-
thorized to transfer such funds to other activities of the Fed-
eral Government.
(b) Of the amounts appropriated in this Act under the
heading, 
‘‘Operation 
and 
Maintenance, 
Army’’,
$210,000,000 shall remain available until expended: Pro-
vided, That notwithstanding any other provision of law, the
Secretary of Defense is authorized to transfer such funds
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to other activities of the Federal Government: Provided fur-
ther, That the Secretary of Defense is authorized to enter
into and carry out contracts for the acquisition of real
property, construction, personal services, and operations re-
lated to projects described in further detail in the Classified
Annex accompanying the Department of Defense Appro-
priations Act, 2005, consistent with the terms and condi-
tions set forth therein: Provided further, That contracts en-
tered into under the authority of this section may provide
for such indemnification as the Secretary determines to be
necessary: Provided further, That projects authorized by
this section shall comply with applicable Federal, State,
and local law to the maximum extent consistent with the
national security, as determined by the Secretary of De-
fense.
SEC. 8092. Section 8106 of the Department of Defense
Appropriations Act, 1997 (titles I through VIII of the mat-
ter under subsection 101(b) of Public Law 104–208; 110
Stat. 3009–111; 10 U.S.C. 113 note) shall continue in effect
to apply to disbursements that are made by the Department
of Defense in fiscal year 2005.
SEC. 8093. (a) Of the amounts appropriated in this
Act under the heading ‘‘Research, Development, Test and
Evaluation, Navy’’, $107,678,000 shall be available for the
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construction of the first prototype vessel under the Littoral
Combat Ship program.
(b) None of the funds provided in this Act may be obli-
gated to prepare a fiscal year 2006 budget request for a
third vessel under the Littoral Combat Ship program in
fiscal year 2006: Provided, That funds for the second vessel
shall be for a second source supplier: Provided further, That
all subsequent ships shall be purchased with ‘‘Shipbuilding
and Conversion, Navy’’ funds beginning in fiscal year 2007.
SEC. 8094. The total amount appropriated or other-
wise made available in this Act is hereby reduced by
$500,000,000 to limit excessive growth in the procurement
of advisory and assistance services, to be distributed as fol-
lows:
‘‘Operation 
and 
Maintenance, 
Army’’,
$25,000,000;
‘‘Operation and Maintenance, Defense-Wide’’,
$225,000,000;
‘‘Research, Development, Test and Evaluation,
Army’’, $50,000,000; and
‘‘Research, Development, Test and Evaluation,
Defense-Wide’’, $200,000,000.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8095. Of the amounts appropriated in this Act
under the heading ‘‘Research, Development, Test and Eval-
uation, Defense-Wide’’, $167,400,000 shall be made avail-
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able for the Arrow missile defense program: Provided, That
of this amount, $80,000,000 shall be available for the pur-
pose of producing Arrow missile components in the United
States and Arrow missile components and missiles in Israel
to meet Israel’s defense requirements, consistent with each
nation’s laws, regulations and procedures: Provided further,
That funds made available under this provision for produc-
tion 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 appro-
priation to which transferred: Provided further, That the
transfer authority provided under this provision is in addi-
tion to any other transfer authority contained in this Act.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8096. In addition to amounts provided elsewhere
in this Act, $40,000,000 is hereby appropriated for ‘‘Air-
craft Procurement, Navy’’: Provided, That these funds shall
be available only for transfer to the Coast Guard for mission
essential equipment for Coast Guard HC–130J aircraft.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8097. 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 the Navy
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shall transfer such funds to the following appropriations in
the amounts 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 Con-
version, Navy, 1996/2005’’:
LPD–17 Amphibious Transport Dock
Ship Program, $55,000,000.
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1999/2005’’:
New SSN, $10,000,000;
LPD–17 Amphibious Transport Dock
Ship Program, $38,100,000.
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 2000/2005’’:
DDG–51 
Destroyer 
Program,
$44,963,000;
LPD–17 Amphibious Transport Dock
Ship Program, $171,681,000.
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 2001/2005’’:
DDG–51 
Destroyer 
Program,
$83,316,000;
New SSN, $67,330,000.
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Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 2002/2005’’:
LCAC SLEP, $2,100,000.
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 2003/2005’’:
LCAC SLEP, $11,900,000.
SEC. 8098. None of the funds available to the Depart-
ment of Defense may be obligated to implement any action
which alters the command responsibility or permanent as-
signment of forces until 270 days after such plan has been
provided to the congressional defense committees.
SEC. 8099. Notwithstanding any other provision of
law or regulation, the Secretary of Defense may exercise the
provisions of 38 U.S.C. 7403(g) for occupations listed in
38 U.S.C. 7403(a)(2) as well as the following:
Pharmacists, Audiologists, and Dental Hygien-
ists.
(A) 
The 
requirements 
of 
U.S.C.
7403(g)(1)(A) shall apply.
(B) 
The 
limitations 
of 
U.S.C.
7403(g)(1)(B) shall not apply.
SEC. 8100. Funds appropriated in Titles I through
VIII of this Act, or made available by the transfer of funds
in this Act, for intelligence activities are deemed to be spe-
cifically authorized by the Congress for purposes of section
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504 of the National Security Act of 1947 (50 U.S.C. 414)
during fiscal year 2005 until the enactment of the Intel-
ligence Authorization Act for Fiscal Year 2005: Provided,
That funds included in Title IX of this Act, for intelligence
activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Secu-
rity Act of 1947 (50 U.S.C. 414).
SEC. 8101. In addition to funds made available else-
where in this Act, $5,500,000 is hereby appropriated and
shall remain available until expended to provide assistance,
by grant or otherwise (such as, but not limited to, the provi-
sion of funds for repairs, maintenance, construction, and/
or for the purchase of information technology, text books,
teaching resources), to public schools that have unusually
high concentrations of special needs military dependents en-
rolled: Provided, That in selecting school systems to receive
such assistance, special consideration shall be given to
school systems in States that are considered overseas assign-
ments, and all schools within these school systems shall be
eligible for assistance: Provided further, That up to 2 per-
cent of the total appropriated funds under this section shall
be available to support the administration and execution
of the funds or program and/or events that promote the pur-
pose of this appropriation (e.g. payment of travel and per
diem of school teachers attending conferences or a meeting
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that promotes the purpose of this appropriation and/or con-
sultant fees for on-site training of teachers, staff, or Joint
Venture Education Forum (JVEF) Committee members):
Provided further, That up to $2,000,000 shall be available
for the Department of Defense to establish a non-profit trust
fund to assist in the public-private funding of public school
repair and maintenance projects, or provide directly to
non-profit organizations who in return will use these mon-
ies to provide assistance in the form of repair, maintenance,
or renovation to public school systems that have high con-
centrations of special needs military dependents and are lo-
cated in States that are considered overseas assignments:
Provided further, That to the extent a Federal agency pro-
vides this assistance, by contract, grant, or otherwise, it
may accept and expend non-Federal funds in combination
with these Federal funds to provide assistance for the au-
thorized purpose, if the non-Federal entity requests such as-
sistance and the non-Federal funds are provided on a reim-
bursable basis.
SEC. 8102. None of the funds in this Act may be used
to initiate a new start program without 30 days prior writ-
ten notification to the Office of Secretary of Defense and
the congressional defense committees.
SEC. 8103. (a) The total amount appropriated or oth-
erwise made available in this Act is hereby reduced by
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$808,100,000 to reflect excessive unobligated balances, to be
distributed as follows:
‘‘Operation 
and 
Maintenance, 
Army’’,
$160,800,000;
‘‘Operation 
and 
Maintenance, 
Navy’’,
$171,900,000;
‘‘Operation and Maintenance, Marine Corps’’,
$15,700,000;
‘‘Operation 
and 
Maintenance, 
Air 
Force’’,
$142,400,000; and
‘‘Operation and Maintenance, Defense-Wide’’,
$317,300,000.
(b) The Secretary of Defense shall allocate this reduc-
tion proportionally to each budget activity, activity group,
subactivity group, and each program, project, and activity
within each applicable appropriation account.
SEC. 8104. FINANCING AND FIELDING OF KEY ARMY
CAPABILITIES. The Department of Defense and the Depart-
ment of the Army shall make future budgetary and pro-
gramming plans to fully finance the Non-Line of Sight
(NLOS) Future Force cannon and resupply vehicle pro-
gram in order to field this system in the 2008 timeframe.
As an interim capability to enhance Army lethality, surviv-
ability, and mobility for light and medium forces before
complete fielding of the Future Force, the Army shall ensure
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that budgetary and programmatic plans will provide for
no fewer than six Stryker Brigade Combat Teams to be
fielded between 2003 and 2008.
SEC. 8105. Of the funds made available in this Act,
not less than $87,900,000 shall be available to maintain
an attrition reserve force of 18 B–52 aircraft, of which
$3,700,000 shall be available from ‘‘Military Personnel, Air
Force’’, $55,300,000 shall be available from ‘‘Operation and
Maintenance, Air Force’’, and $28,900,000 shall be avail-
able from ‘‘Aircraft Procurement, Air Force’’: Provided,
That the Secretary of the Air Force shall maintain a total
force of 94 B–52 aircraft, including 18 attrition reserve air-
craft, during fiscal year 2005: Provided further, That the
Secretary of Defense shall include in the Air Force budget
request for fiscal year 2006 amounts sufficient to maintain
a B–52 force totaling 94 aircraft.
SEC. 8106. Of the funds made available under the
heading ‘‘Operation and Maintenance, Air Force’’,
$9,000,000 shall be available to realign railroad track on
Elmendorf Air Force Base and Fort Richardson: Provided,
That of the funds made available under the heading ‘‘Oper-
ation and Maintenance, Air Force’’, $14,000,000 shall be
available for engineering and environment studies nec-
essary to extend the railroad to Stryker Brigade Combat
Team training areas north of Fort Wainwright, Alaska:
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Provided further, That the Secretary of the Air Force is au-
thorized, using funds available under the heading ‘‘Oper-
ation and Maintenance, Air Force’’, to complete a phased
repair project, which repairs may include upgrades and ad-
ditions, to the infrastructure of the operational ranges man-
aged by the Air Force in Alaska. The total cost of such
phased projects shall not exceed $32,000,000.
(TRANSFER OF FUNDS)
SEC. 8107. Of the amounts appropriated in Public
Law 107–206 under the heading ‘‘Defense Emergency Re-
sponse Fund’’, an amount up to the fair market value of
the leasehold interest in adjacent properties necessary for
the force protection requirements of Tooele Army Depot,
Utah, may be made available to resolve any property dis-
putes associated with Tooele Army Depot, Utah, and to ac-
quire such leasehold interest as required: Provided, That
none of these funds may be used to acquire fee title to the
properties.
SEC. 8108. None of the funds appropriated in this Act
under the heading ‘‘Overseas Contingency Operations
Transfer Account’’ may be transferred or obligated for De-
partment of Defense expenses not directly related to the con-
duct of overseas contingencies: Provided, That the Secretary
of Defense shall submit a report no later than 30 days after
the end of each fiscal quarter to the Committees on Appro-
priations of the Senate and House of Representatives that
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details any transfer of funds from the ‘‘Overseas Contin-
gency Operations Transfer Account’’: Provided further,
That the report shall explain any transfer for the mainte-
nance of real property, pay of civilian personnel, base oper-
ations support, and weapon, vehicle or equipment mainte-
nance.
SEC. 8109. 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.
SEC. 8110. 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 Mainte-
nance accounts, and the Procurement accounts: Provided,
That these documents shall include a description of the
funding requested for each contingency operation, for each
military service, to include all Active and Reserve compo-
nents, and for each appropriations account: Provided fur-
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ther, That these documents shall include estimated costs for
each element of expense or object class, a reconciliation of
increases and decreases for each contingency operation, and
programmatic data including, but not limited to, troop
strength for each Active and Reserve component, and esti-
mates 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 Regu-
lation) for all contingency operations for the budget year
and the two preceding fiscal years.
SEC. 8111. None of the funds in this Act may be used
for research, development, test, evaluation, procurement or
deployment of nuclear armed interceptors of a missile de-
fense system.
SEC. 8112. Notwithstanding any other provision of
law, section 2533a(f) of title 10, United States Code, shall
not apply to any fish, shellfish, or seafood product. This
section applies to contracts and subcontracts for the pro-
curement of commercial items notwithstanding section 34
of the Office of Federal Procurement Policy Act (41 U.S.C.
430).
SEC. 8113. 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 De-
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fense Counter-terrorism Fellowship Program, to fund the
education and training of foreign military officers, min-
istry of defense civilians, and other foreign security offi-
cials, to include United States military officers and civilian
officials whose participation directly contributes to the edu-
cation and training of these foreign students.
SEC. 8114. 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 lev-
els funded in this Act: Provided, That the Air Force shall
allow the 53rd Weather Reconnaissance Squadron to per-
form other missions in support of national defense require-
ments during the non-hurricane season.
SEC. 8115. (a) Notwithstanding any other provision
of law, none of the funds appropriated or otherwise made
available in this or any other Act may be obligated for the
Terrorism Information Awareness Program: Provided, That
this limitation shall not apply to the program hereby au-
thorized for Processing, analysis, and collaboration tools for
counterterrorism foreign intelligence, as described in the
Classified Annex accompanying the Department of Defense
Appropriations Act, 2005, for which funds are expressly
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provided in the National Foreign Intelligence Program for
counterterrorism foreign intelligence purposes.
(b) None of the funds provided for Processing, analysis,
and collaboration tools for counterterrorism foreign intel-
ligence shall be available for deployment or implementation
except for:
(1) lawful military operations of the United
States conducted outside the United States; or
(2) lawful foreign intelligence activities con-
ducted wholly overseas, or wholly against non-United
States citizens.
(c) In this section, the term ‘‘Terrorism Information
Awareness Program’’ means the program known either as
Terrorism Information Awareness or Total Information
Awareness, or any successor program, funded by the Defense
Advanced Research Projects Agency, or any other Depart-
ment or element of the Federal Government, including the
individual components of such Program developed by the
Defense Advanced Research Projects Agency.
SEC. 8116. (a) The total amount appropriated or oth-
erwise made available in title II of this Act is hereby re-
duced by $97,331,000 to limit excessive growth in the travel
and transportation of persons.
(b) The Secretary of Defense shall allocate this reduc-
tion proportionally to each budget activity, activity group,
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subactivity group, and each program, project, and activity
within each applicable appropriation account.
SEC. 8117. (a) Notwithstanding any other provision
of this Act, amounts otherwise provided by this Act in title
I for the following accounts and activities are reduced by
the following amounts:
‘‘Military Personnel, Army’’, $2,386,000,000;
‘‘Military Personnel, Navy’’, $2,386,000,000;
‘‘Military Personnel, Air Force’’, $2,386,000,000;
in all: $7,158,000,000.
(b) In addition to amounts appropriated elsewhere in
this Act there are hereby appropriated the following
amounts for the following accounts:
‘‘Military Personnel, Army’’, $2,386,000,000;
‘‘Military Personnel, Navy’’, $2,386,000,000;
‘‘Military Personnel, Air Force’’, $2,386,000,000;
in all: $7,158,000,000: Provided, That the entire amount
is designated by the Congress as an emergency requirement
pursuant to section 502 of H. Con. Res. 95, the concurrent
resolution on the budget for fiscal year 2004: Provided fur-
ther, That the entire amount shall be available only to the
extent that an official budget request for $7,158,000,000,
that includes designation of the entire amount of the request
as an emergency requirement as defined in H. Con. Res.
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95, the concurrent resolution on the budget for fiscal year
2004, is transmitted by the President to the Congress.
SEC. 8118. Up to $3,000,000 of the funds appropriated
under the heading, ‘‘Operation and Maintenance, Navy’’ in
this Act may be made available to contract for the installa-
tion, repair, maintenance, and operation of on-base and ad-
jacent off-base drainage and flood control systems critical
to base operations and the public health and safety of com-
munity residents in the vicinity of the Naval Magazine
Lualualei.
SEC. 8119. The Secretary of the Navy may settle, or
compromise, and pay any and all admiralty claims under
10 U.S.C. 7622 arising out of the collision involving the
U.S.S. GREENEVILLE and the EHIME MARU, in any
amount and without regard to the monetary limitations in
subsections (a) and (b) of that section: Provided, That such
payments shall be made from funds available to the Depart-
ment of the Navy for operation and maintenance.
SEC. 8120. From funds provided under the heading
‘‘Operation and Maintenance, Navy’’, the Secretary of the
Navy may make a grant in the amount of $3,000,000 to
the Chicago Public Schools for establishment of a Naval
Military Academy High School, Chicago, Illinois, in part-
nership with the Great Lakes Naval Training Center.
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SEC. 8121. Of the amount appropriated by title III
under the heading ‘‘Aircraft Procurement, Air Force’’,
$880,000 shall be available to the Secretary of the Air Force
for a grant to Rocky Mountain College, Montana, for the
purchase of three Piper aircraft, and an aircraft simulator,
for support of aviation training.
SEC. 8122. Of the amount appropriated or otherwise
made available by title IV of the Act under the heading
‘‘Research, Development, Test and Evaluation, Navy’’, up
to $4,000,000 may be available for Aviation Data Manage-
ment and Control System, Block II.
SEC. 8123. Of the amount appropriated by title IV
under the heading ‘‘Other Procurement, Air Force’’, up to
$2,000,000 may be used for aircrew bladder relief device
(ABRD) kits.
SEC. 8124. (a) Of the amounts appropriated by title
III under the heading ‘‘Shipbuilding and Conversion,
Navy’’—
(1) the amount provided under that heading spe-
cifically for the Carrier Replacement Program (AP)
is hereby increased by $140,900,000;
(2) the amount provided under that heading spe-
cifically for CVN Refuelings (AP) is hereby increased
by $110,000,000; and
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(3) the total amount provided under that head-
ing is hereby increased by $250,900,000.
(b) The amount of the reduction provided in section
8062(a) is hereby increased by $250,900,000.
SEC. 8125. Of the amount appropriated or otherwise
made available by title IV of this Act under the heading
‘‘Research, Development, Test and Evaluation, Air Force’’,
up to $6,000,000 may be available for the Science, Mathe-
matics, And Research for Transformation (SMART) Pilot
Scholarship Program.
SEC. 8126. Of the amount appropriated or otherwise
made available by title II of this Act under the heading
‘‘Operation and Maintenance, Defense-Wide’’, up to
$5,000,000 may be available for Department of Defense
Education Activity for the upgrading of security at Depart-
ment of Defense schools.
SEC. 8127. Of the amount appropriated or otherwise
made available by title IV of this Act under the heading
‘‘Research, Development, Test and Evaluation, Army’’, up
to $3,000,000 may be available for Medical Advanced Tech-
nology for the Intravenous Membrane Oxygenator.
SEC. 8128. It is the sense of the Senate that—
(1) the Global Hawk Maritime Demonstration
Program should be expanded to include the participa-
tion of forward deployed forces of the Navy and the
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Marine Corps in the area of responsibility of the
Commander of the United States Central Command;
and
(2) the Secretary of the Navy should compile the
lessons learned in the conduct of the demonstration
program specifically in that area of responsibility
and incorporate those lessons into the ongoing activi-
ties of the demonstration program for the development
of concepts of operations.
SEC. 8129. Of the amount appropriated or otherwise
made available by title IV of this Act under the heading
‘‘Research, Development, Test and Evaluation, Navy’’, up
to $3,000,000 may be available to establish the Consortium
of Visualization Excellence for Underseas Warfare Modeling
and Simulation (COVE).
SEC. 8130. Of the amount appropriated by title IV
under the heading ‘‘Operation and Maintenance, Army’’,
up to $21,900,000 may be used for M1A1 Tank Trans-
mission Maintenance.
SEC. 8131. Of the amount appropriated or otherwise
made available by title IV of this Act under the heading
‘‘Research, Development, Test and Evaluation, Navy’’, up
to $2,000,000 may be available to conduct a demonstration
of a prototype of the Improved Shipboard Combat Informa-
tion Center.
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SEC. 8132. (a)(1) Notwithstanding section 514 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321h), the
President may transfer to Israel, in exchange for conces-
sions to be negotiated by the Secretary of Defense, with the
concurrence of the Secretary of State, any or all of the items
described in paragraph (2).
(2) The items referred to in paragraph (1) are armor,
artillery, automatic weapons ammunition, missiles, and
other munitions that—
(A) are obsolete or surplus items;
(B) are in the inventory of the Department of
Defense;
(C) are intended for use as reserve stocks for
Israel; and
(D) as of the date of enactment of this Act, are
located in a stockpile in Israel.
(b) The value of concessions negotiated pursuant to
subsection (a) shall be at least equal to the fair market value
of the items transferred. The concessions may include cash
compensation, services, waiver of charges otherwise payable
by the United States, and other items of value.
(c) Not later than 30 days before making a transfer
under the authority of this section, the President shall
transmit a notification of the proposed transfer to the Com-
mittees on Foreign Relations and Armed Services of the
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Senate and the Committees on International Relations and
Armed Services of the House of Representatives. The notifi-
cation shall identify the items to be transferred and the con-
cessions to be received.
(d) No transfer may be made under the authority of
this section more than 2 years after the date of the enact-
ment of this Act.
SEC. 8133. Section 514(b)(2) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321h(b)(2)) is amended—
(1) in subparagraph (A), by striking ‘‘for fiscal
year 2003’’ and inserting ‘‘for each of fiscal years
2004 and 2005’’; and
(2) in subparagraph (B), by striking ‘‘for fiscal
year 2003’’ and inserting ‘‘for a fiscal year’’.
SEC. 8134. (a) AVAILABILITY OF AMOUNT FOR RE-
SEARCH, DEVELOPMENT, TEST
AND EVALUATION, AIR
FORCE, FOR RADAR DEVELOPMENT.—Of The amount ap-
propriated or otherwise made available by title IV of this
Act under the heading ‘‘Research, Development, Test, and
Evaluation, Air Force’’, $7,000,000 may be available for
AN/APG–68(V)10 radar development for F–16 aircraft.
(b) CONSTRUCTION OF AMOUNT.—The amount avail-
able under subsection (a) for the purpose specified in that
subsection is in addition to any other amounts available
in this Act for that purpose.