H. R. 2863—28
SEC. 8038. None of the funds appropriated by this Act for 
programs of the Central Intelligence Agency shall remain available 
for obligation beyond the current fiscal year, except for funds appro-
priated for the Reserve for Contingencies, which shall remain avail-
able until September 30, 2007: Provided, That funds appropriated, 
transferred, or otherwise credited to the Central Intelligence Agency 
Central Services Working Capital Fund during this or any prior 
or subsequent fiscal year shall remain available until expended: 
Provided further, That any funds appropriated or transferred to 
the Central Intelligence Agency for advanced research and develop-
ment acquisition, for agent operations, and for covert action pro-
grams authorized by the President under section 503 of the National 
Security Act of 1947, as amended, shall remain available until 
September 30, 2007. 
SEC. 8039. Notwithstanding any other provision of law, funds 
made available in this Act for the Defense Intelligence Agency 
may be used for the design, development, and deployment of Gen-
eral Defense Intelligence Program intelligence communications and 
intelligence information systems for the Services, the Unified and 
Specified Commands, and the component commands. 
SEC. 8040. Of the funds appropriated to the Department of 
Defense under the heading ‘‘Operation and Maintenance, Defense-
Wide’’, not less than $10,000,000 shall be made available only 
for the mitigation of environmental impacts, including training 
and technical assistance to tribes, related administrative support, 
the gathering of information, documenting of environmental dam-
age, and developing a system for prioritization of mitigation and 
cost to complete estimates for mitigation, on Indian lands resulting 
from Department of Defense activities. 
SEC. 8041. (a) None of the funds appropriated in this Act 
may be expended by an entity of the Department of Defense unless 
the entity, in expending the funds, complies with the Buy American 
Act. For purposes of this subsection, the term ‘‘Buy American Act’’ 
means title III of the Act entitled ‘‘An Act making appropriations 
for the Treasury and Post Office Departments for the fiscal year 
ending June 30, 1934, and for other purposes’’, approved March 
3, 1933 (41 U.S.C. 10a et seq.). 
(b) If the Secretary of Defense determines that a person has 
been convicted of intentionally affixing a label bearing a ‘‘Made 
in America’’ inscription to any product sold in or shipped to the 
United States that is not made in America, the Secretary shall 
determine, in accordance with section 2410f of title 10, United 
States Code, whether the person should be debarred from con-
tracting with the Department of Defense. 
(c) In the case of any equipment or products purchased with 
appropriations provided under this Act, it is the sense of the Con-
gress that any entity of the Department of Defense, in expending 
the appropriation, purchase only American-made equipment and 
products, provided that American-made equipment and products 
are cost-competitive, quality-competitive, and available in a timely 
fashion. 
SEC. 8042. None of the funds appropriated by this Act shall 
be available for a contract for studies, analysis, or consulting serv-
ices entered into without competition on the basis of an unsolicited 
proposal unless the head of the activity responsible for the procure-
ment determines—
H. R. 2863—29
(1) as a result of thorough technical evaluation, only one 
source is found fully qualified to perform the proposed work; 
(2) the purpose of the contract is to explore an unsolicited 
proposal which offers significant scientific or technological 
promise, represents the product of original thinking, and was 
submitted in confidence by one source; or 
(3) the purpose of the contract is to take advantage of 
unique and significant industrial accomplishment by a specific 
concern, or to insure that a new product or idea of a specific 
concern is given financial support: Provided, That this limita-
tion shall not apply to contracts in an amount of less than 
$25,000, contracts related to improvements of equipment that 
is in development or production, or contracts as to which a 
civilian official of the Department of Defense, who has been 
confirmed by the Senate, determines that the award of such 
contract is in the interest of the national defense. 
SEC. 8043. (a) Except as provided in subsection (b) and (c), 
none of the funds made available by this Act may be used—
(1) to establish a field operating agency; or 
(2) to pay the basic pay of a member of the Armed Forces 
or civilian employee of the department who is transferred or 
reassigned from a headquarters activity if the member or 
employee’s place of duty remains at the location of that head-
quarters. 
(b) The Secretary of Defense or Secretary of a military depart-
ment may waive the limitations in subsection (a), on a case-by-
case basis, if the Secretary determines, and certifies to the Commit-
tees on Appropriations of the House of Representatives and Senate 
that the granting of the waiver will reduce the personnel require-
ments or the financial requirements of the department. 
(c) This section does not apply to—
(1) field operating agencies funded within the National 
Intelligence Program; or 
(2) an Army field operating agency established to eliminate, 
mitigate, or counter the effects of improvised explosive devices, 
and, as determined by the Secretary of the Army, other similar 
threats. 
SEC. 8044. The Secretary of Defense, acting through the Office 
of Economic Adjustment of the Department of Defense, may use 
funds made available in this Act under the heading ‘‘Operation 
and Maintenance, Defense-Wide’’ to make grants and supplement 
other Federal funds in accordance with the guidance provided in 
the Joint Explanatory Statement of the Committee of Conference 
to accompany the conference report on the bill H.R. 2863, and 
the projects specified in such guidance shall be considered to be 
authorized by law. 
(RESCISSIONS) 
SEC. 8045. 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: 
‘‘Missile Procurement, Army, 2004/2006’’, $20,000,000; 
‘‘Missile Procurement, Army, 2005/2007’’, $14,931,000; 
‘‘Other Procurement, Army, 2005/2007’’, $68,637,000; 
‘‘Aircraft Procurement, Navy, 2005/2007’’, $16,800,000; 
‘‘Shipbuilding 
and 
Conversion, 
Navy, 
2005/2009’’, 
$42,200,000;
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‘‘Other Procurement, Navy, 2005/2007’’, $43,000,000; 
‘‘Procurement, Marine Corps, 2005/2007’’, $4,300,000; 
‘‘Missile Procurement, Air Force, 2005/2007’’, $92,000,000; 
‘‘Other Procurement, Air Force, 2005/2007’’, $3,400,000; 
‘‘Research, Development, Test and Evaluation, Army, 2005/
2006’’, $4,300,000; 
‘‘Research, Development, Test and Evaluation, Navy, 2005/
2006’’, $32,755,000; and 
‘‘Research, Development, Test and Evaluation, Air Force, 
2005/2006’’, $63,400,000. 
SEC. 8046. None of the funds available in this Act may be 
used to reduce the authorized positions for military (civilian) techni-
cians of the Army National Guard, the Air National Guard, Army 
Reserve and Air Force Reserve for the purpose of applying any 
administratively imposed civilian personnel ceiling, freeze, or reduc-
tion on military (civilian) technicians, unless such reductions are 
a direct result of a reduction in military force structure. 
SEC. 8047. None of the funds appropriated or otherwise made 
available in this Act may be obligated or expended for assistance 
to the Democratic People’s Republic of North Korea unless specifi-
cally appropriated for that purpose. 
SEC. 8048. Funds appropriated in this Act for operation and 
maintenance of the Military Departments, Combatant Commands 
and Defense Agencies shall be available for reimbursement of pay, 
allowances and other expenses which would otherwise be incurred 
against appropriations for the National Guard and Reserve when 
members of the National Guard and Reserve provide intelligence 
or counterintelligence support to Combatant Commands, Defense 
Agencies and Joint Intelligence Activities, including the activities 
and programs included within the National Intelligence Program, 
the Joint Military Intelligence Program, and the Tactical Intel-
ligence and Related Activities aggregate: Provided, That nothing 
in this section authorizes deviation from established Reserve and 
National Guard personnel and training procedures. 
SEC. 8049. 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 facili-
ties 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 reduc-
tions may be consistent with responsible resource stewardship and 
capitation-based budgeting. 
SEC. 8050. Up to $2,000,000 of the funds appropriated under 
the heading ‘‘Operation and Maintenance, Navy’’ may be made 
available to contract for the installation, repair, and maintenance 
of an on-base and adjacent off-base wastewater/treatment facility 
and infrastructure critical to base operations and the public health 
and safety of community residents in the vicinity of the NCTAMS. 
SEC. 8051. Notwithstanding any other provision of law, that 
not more than 35 percent of funds provided in this Act for environ-
mental remediation may be obligated under indefinite delivery/
indefinite quantity contracts with a total contract value of 
$130,000,000 or higher. 
SEC. 8052. (a) None of the funds available to the Department 
of Defense for any fiscal year for drug interdiction or counter-
drug activities may be transferred to any other department or
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agency of the United States except as specifically provided in an 
appropriations law. 
(b) None of the funds available to the Central Intelligence 
Agency for any fiscal year for drug interdiction and counter-drug 
activities may be transferred to any other department or agency 
of the United States except as specifically provided in an appropria-
tions law. 
SEC. 8053. Up to $3,000,000 of the funds appropriated in title 
II of this Act under the heading ‘‘Operation and Maintenance, 
Army’’, may be made available to contract with the Army Historical 
Foundation, a nonprofit organization, for services required to solicit 
non-Federal donations to support construction and operation of 
the National Museum of the United States Army at Fort Belvoir, 
Virginia: Provided, That notwithstanding any other provision of 
law, the Army is authorized to receive future payments in this 
or the subsequent fiscal year from any nonprofit organization char-
tered to support the National Museum of the United States Army 
to reimburse amounts expended by the Army pursuant to this 
section: Provided further, That any reimbursements received pursu-
ant to this section shall be merged with ‘‘Operation and Mainte-
nance, Army’’ and shall be made available for the same purposes 
and for the same time period as that appropriation account. 
(TRANSFER OF FUNDS) 
SEC. 8054. Appropriations available under the heading ‘‘Oper-
ation and Maintenance, Defense-Wide’’ for the current fiscal year 
and hereafter for increasing energy and water efficiency in Federal 
buildings may, during their period of availability, be transferred 
to other appropriations or funds of the Department of Defense 
for projects related to increasing energy and water efficiency, to 
be merged with and to be available for the same general purposes, 
and for the same time period, as the appropriation or fund to 
which transferred. 
SEC. 8055. None of the funds appropriated by this Act may 
be used for the procurement of ball and roller bearings other than 
those produced by a domestic source and of domestic origin: Pro-
vided, That the Secretary of the military department responsible 
for such procurement may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on Appropria-
tions 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 pur-
poses: Provided further, That this restriction shall not apply to 
the purchase of ‘‘commercial items’’, as defined by section 4(12) 
of the Office of Federal Procurement Policy Act, except that the 
restriction shall apply to ball or roller bearings purchased as end 
items. 
SEC. 8056. None of the funds in this Act may be used to 
purchase any supercomputer which is not manufactured in the 
United States, unless the Secretary of Defense certifies to the 
congressional defense committees that such an acquisition must 
be made in order to acquire capability for national security purposes 
that is not available from United States manufacturers. 
SEC. 8057. 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