IB 
Union Calendar No. 321 
108TH CONGRESS 
2D SESSION 
H. R. 4613 
[Report No. 108–553] 
Making appropriations for the Department of Defense for the fiscal year 
ending September 30, 2005, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 18, 2004 
Mr. LEWIS of California, from the Committee on Appropriations, reported the 
following bill; which was committed to the Committee of the Whole House 
on the State of the Union and ordered to be printed 
A BILL 
Making appropriations for the Department of Defense for 
the fiscal year ending September 30, 2005, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
That the following sums are appropriated, out of any 
money in the Treasury not otherwise appropriated, for the 
fiscal year ending September 30, 2005, for military 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 sta-
tion travel (including all expenses thereof for organiza-
tional movements), and expenses of temporary duty travel 
between permanent duty stations, for members of the 
Army on active duty, (except members of reserve compo-
nents 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 De-
partment 
of 
Defense 
Military 
Retirement 
Fund, 
$29,507,672,000. 
MILITARY PERSONNEL, NAVY 
For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of sta-
tion travel (including all expenses thereof for organiza-
tional movements), and expenses of temporary duty travel 
between permanent duty stations, for members of the 
Navy on active duty (except members of the Reserve pro-
vided for elsewhere), midshipmen, and aviation cadets; and 
for payments pursuant to section 156 of Public Law 97– 
377, as amended (42 U.S.C. 402 note), and to the Depart-
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ment 
of 
Defense 
Military 
Retirement 
Fund, 
$24,416,157,000. 
MILITARY PERSONNEL, MARINE CORPS 
For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of sta-
tion travel (including all expenses thereof for organiza-
tional movements), and expenses of temporary duty travel 
between permanent duty stations, for members of the Ma-
rine Corps on active duty (except members of the Reserve 
provided for elsewhere); and for payments pursuant to sec-
tion 156 of Public Law 97–377, as amended (42 U.S.C. 
402 note), and to the Department of Defense Military Re-
tirement Fund, $9,591,102,000. 
MILITARY PERSONNEL, AIR FORCE 
For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of sta-
tion travel (including all expenses thereof for organiza-
tional movements), and expenses of temporary duty travel 
between permanent duty stations, for members of the Air 
Force on active duty (except members of reserve compo-
nents 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 De-
partment 
of 
Defense 
Military 
Retirement 
Fund, 
$24,291,411,000.
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RESERVE PERSONNEL, ARMY 
For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Army Re-
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 undergoing reserve training, or while performing 
drills or equivalent duty or other duty, and for members 
of the Reserve Officers’ Training Corps, and expenses au-
thorized by section 16131 of title 10, United States Code; 
and for payments to the Department of Defense Military 
Retirement Fund, $3,719,990,000. 
RESERVE PERSONNEL, NAVY 
For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Navy 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 con-
nection with performing duty specified in section 12310(a) 
of title 10, United States Code, or while undergoing re-
serve training, or while performing drills or equivalent 
duty, and for members of the Reserve Officers’ Training 
Corps, and expenses authorized by section 16131 of title
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10, United States Code; and for payments to the Depart-
ment 
of 
Defense 
Military 
Retirement 
Fund, 
$2,108,232,000. 
RESERVE PERSONNEL, MARINE CORPS 
For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Marine 
Corps Reserve on active duty under section 10211 of title 
10, United States Code, or while serving on active duty 
under section 12301(d) of title 10, United States Code, 
in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while under-
going reserve training, or while performing drills or equiv-
alent duty, and for members of the Marine Corps platoon 
leaders class, and expenses authorized by section 16131 
of title 10, United States Code; and for payments to the 
Department of Defense Military Retirement Fund, 
$653,073,000. 
RESERVE PERSONNEL, AIR FORCE 
For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Air Force 
Reserve on active duty under sections 10211, 10305, and 
8038 of title 10, United States Code, or while serving on 
active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified 
in section 12310(a) of title 10, United States Code, or
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Code, or while serving on duty under section 12301(d) of 
title 10 or section 502(f) of title 32, United States Code, 
in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while under-
going training, or while performing drills or equivalent 
duty or other duty, and expenses authorized by section 
16131 of title 10, United States Code; and for payments 
to the Department of Defense Military Retirement Fund, 
$2,536,742,000. 
TITLE II 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
(INCLUDING TRANSFER OF FUNDS) 
For expenses, not otherwise provided for, necessary 
for the operation and maintenance of the Army, as author-
ized by law; and not to exceed $11,144,000 can be used 
for emergencies and extraordinary expenses, to be ex-
pended on the approval or authority of the Secretary of 
the Army, and payments may be made on his certificate 
of 
necessity 
for 
confidential 
military 
purposes, 
$25,820,311,000: Provided, That of the funds appro-
priated in this paragraph, not less than $355,000,000 
shall be made available only for conventional ammunition 
care and maintenance: Provided further, That of funds 
made available under this heading, $2,500,000 shall be
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available for Fort Baker, in accordance with the terms and 
conditions as provided under the heading ‘‘Operation and 
Maintenance, Army’’, in Public Law 107–117. 
OPERATION AND MAINTENANCE, NAVY 
For expenses, not otherwise provided for, necessary 
for the operation and maintenance of the Navy and the 
Marine Corps, as authorized by law; and not to exceed 
$4,525,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of 
the Secretary of the Navy, and payments may be made 
on his certificate of necessity for confidential military pur-
poses, $29,570,090,000. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For expenses, not otherwise provided for, necessary 
for the operation and maintenance of the Marine Corps, 
as authorized by law, $3,605,815,000. 
OPERATION AND MAINTENANCE, AIR FORCE 
For expenses, not otherwise provided for, necessary 
for the operation and maintenance of the Air Force, as 
authorized by law; and not to exceed $7,699,000 can be 
used for emergencies and extraordinary expenses, to be ex-
pended on the approval or authority of the Secretary of 
the Air Force, and payments may be made on his certifi-
cate of necessity for confidential military purposes, 
$27,994,110,000: Provided, That notwithstanding any
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other provision of law, that of the funds available under 
this heading, $750,000 shall only be available to the Sec-
retary of the Air Force for a grant to Florida Memorial 
College for the purpose of funding minority aviation train-
ing. 
OPERATION AND MAINTENANCE, DEFENSE-WIDE 
(INCLUDING TRANSFER OF FUNDS) 
For expenses, not otherwise provided for, necessary 
for the operation and maintenance of activities and agen-
cies of the Department of Defense (other than the military 
departments), as authorized by law, $17,346,411,000, of 
which not to exceed $25,000,000 may be available for the 
Combatant Commander Initiative Fund; and of which not 
to exceed $40,000,000 can be used for emergencies and 
extraordinary expenses, to be expended on the approval 
or authority of the Secretary of Defense, and payments 
may be made on his certificate of necessity for confidential 
military purposes: Provided, That notwithstanding any 
other provision of law, of the funds provided in this Act 
for Civil Military programs under this heading, $500,000 
shall be available for a grant for Outdoor Odyssey, Roar-
ing Run, Pennsylvania, to support the Youth Development 
and Leadership program and Department of Defense 
STARBASE program: Provided further, That of the funds 
made available under this heading, $3,000,000 shall be
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available only for a Washington-based internship and im-
mersion program to allow U.S. Asian-American Pacific Is-
lander undergraduate college and university students from 
economically disadvantaged backgrounds to participate in 
academic and educational programs in the Department of 
Defense and related Federal defense agencies: Provided 
further, That none of the funds appropriated or otherwise 
made available by this Act may be used to plan or 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 fur-
ther, 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 Sec-
retary to operation and maintenance appropriations or re-
search, development, test and evaluation appropriations, 
to be merged with and to be available for the same time 
period as the appropriations to which transferred: Pro-
vided further, That any ceiling on the investment item unit 
cost of items that may be purchased with operation and 
maintenance funds shall not apply to the funds described 
in the preceding proviso: Provided further, That the trans-
fer authority provided under this heading is in addition
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to any other transfer authority provided elsewhere in this 
Act. 
OPERATION AND MAINTENANCE, ARMY RESERVE 
For expenses, not otherwise provided for, necessary 
for the operation and maintenance, including training, or-
ganization, and administration, of the Army Reserve; re-
pair of facilities and equipment; hire of passenger motor 
vehicles; travel and transportation; care of the dead; re-
cruiting; procurement of services, supplies, and equip-
ment; and communications, $1,976,128,000. 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For expenses, not otherwise provided for, necessary 
for the operation and maintenance, including training, or-
ganization, and administration, of the Navy Reserve; re-
pair of facilities and equipment; hire of passenger motor 
vehicles; travel and transportation; care of the dead; re-
cruiting; procurement of services, supplies, and equip-
ment; and communications, $1,233,038,000. 
OPERATION AND MAINTENANCE, MARINE CORPS 
RESERVE 
For expenses, not otherwise provided for, necessary 
for the operation and maintenance, including training, or-
ganization, and administration, of the Marine Corps Re-
serve; repair of facilities and equipment; hire of passenger 
motor vehicles; travel and transportation; care of the dead;
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recruiting; procurement of services, supplies, and equip-
ment; and communications, $187,196,000. 
OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For expenses, not otherwise provided for, necessary 
for the operation and maintenance, including training, or-
ganization, and administration, of the Air Force Reserve; 
repair of facilities and equipment; hire of passenger motor 
vehicles; travel and transportation; care of the dead; re-
cruiting; procurement of services, supplies, and equip-
ment; and communications, $2,227,190,000. 
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 
hospitals; maintenance, operation, and repairs to struc-
tures and facilities; hire of passenger motor vehicles; per-
sonnel services in the National Guard Bureau; travel ex-
penses (other than mileage), as authorized by law for 
Army personnel on active duty, for Army National Guard 
division, regimental, and battalion commanders while in-
specting units in compliance with National Guard Bureau 
regulations when specifically authorized by the Chief, Na-
tional Guard Bureau; supplying and equipping the Army 
National Guard as authorized by law; and expenses of re-
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pair, modification, maintenance, and issue of supplies and 
equipment (including aircraft), $4,376,886,000. 
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
For expenses of training, organizing, and admin-
istering the Air National Guard, including medical and 
hospital treatment and related expenses in non-Federal 
hospitals; maintenance, operation, and repairs to struc-
tures and facilities; transportation of things, hire of pas-
senger motor vehicles; supplying and equipping the Air 
National Guard, as authorized by law; expenses for repair, 
modification, maintenance, and issue of supplies and 
equipment, including those furnished from stocks under 
the control of agencies of the Department of Defense; 
travel expenses (other than mileage) on the same basis as 
authorized by law for Air National Guard personnel on 
active Federal duty, for Air National Guard commanders 
while inspecting units in compliance with National Guard 
Bureau regulations when specifically authorized by the 
Chief, National Guard Bureau, $4,438,738,000. 
OVERSEAS CONTINGENCY OPERATIONS TRANSFER 
ACCOUNT 
(INCLUDING TRANSFER OF FUNDS) 
For expenses directly relating to Overseas Contin-
gency Operations by United States military forces, 
$5,000,000, to remain available until expended: Provided,
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That the Secretary of Defense may transfer these funds 
only to military personnel accounts; operation and mainte-
nance accounts within this title; the Defense Health Pro-
gram appropriation; procurement accounts; research, de-
velopment, test and evaluation accounts; and to working 
capital funds: Provided further, That the funds transferred 
shall be merged with and shall be available for the same 
purposes and for the same time period, as the appropria-
tion to which transferred: Provided further, That upon a 
determination that all or part of the funds transferred 
from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back 
to this appropriation: Provided further, That the transfer 
authority provided in this paragraph is in addition to any 
other transfer authority contained elsewhere in this Act. 
UNITED STATES COURT OF APPEALS FOR THE ARMED 
FORCES 
For salaries and expenses necessary for the United 
States Court of Appeals for the Armed Forces, 
$10,825,000, of which not to exceed $5,000 may be used 
for official representation purposes. 
ENVIRONMENTAL RESTORATION, ARMY 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Army, $400,948,000, to 
remain available until transferred: Provided, That the Sec-
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retary of the Army shall, upon determining that such 
funds are required for environmental restoration, reduc-
tion and recycling of hazardous waste, removal of unsafe 
buildings and debris of the Department of the Army, or 
for similar purposes, transfer the funds made available by 
this appropriation to other appropriations made available 
to the Department of the Army, to be merged with and 
to be available for the same purposes and for the same 
time period as the appropriations to which transferred: 
Provided further, That upon a determination that all or 
part of the funds transferred from this appropriation are 
not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation. 
ENVIRONMENTAL RESTORATION, NAVY 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Navy, $266,820,000, to 
remain available until transferred: Provided, That the Sec-
retary of the Navy shall, upon determining that such 
funds are required for environmental restoration, reduc-
tion and recycling of hazardous waste, removal of unsafe 
buildings and debris of the Department of the Navy, or 
for similar purposes, transfer the funds made available by 
this appropriation to other appropriations made available 
to the Department of the Navy, to be merged with and 
to be available for the same purposes and for the same
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time period as the appropriations to which transferred: 
Provided further, That upon a determination that all or 
part of the funds transferred from this appropriation are 
not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation. 
ENVIRONMENTAL RESTORATION, AIR FORCE 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Air Force, $397,368,000, 
to remain available until transferred: Provided, That the 
Secretary of the Air Force shall, upon determining that 
such funds are required for environmental restoration, re-
duction and recycling of hazardous waste, removal of un-
safe buildings and debris of the Department of the Air 
Force, or for similar purposes, transfer the funds made 
available by this appropriation to other appropriations 
made available to the Department of the Air Force, to be 
merged with and to be available for the same purposes 
and for the same time period as the appropriations to 
which transferred: Provided further, That upon a deter-
mination that all or part of the funds transferred from 
this appropriation are not necessary for the purposes pro-
vided herein, such amounts may be transferred back to 
this appropriation.
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ENVIRONMENTAL RESTORATION, DEFENSE-WIDE 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of Defense, $26,684,000, to re-
main available until transferred: Provided, That the Sec-
retary of Defense shall, upon determining that such funds 
are required for environmental restoration, reduction and 
recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of Defense, or for similar 
purposes, transfer the funds made available by this appro-
priation to other appropriations made available to the De-
partment of Defense, to be merged with and to be avail-
able for the same purposes and for the same time period 
as the appropriations to which transferred: Provided fur-
ther, That upon a determination that all or part of the 
funds transferred from this appropriation are not nec-
essary for the purposes provided herein, such amounts 
may be transferred back to this appropriation. 
ENVIRONMENTAL RESTORATION, FORMERLY USED 
DEFENSE SITES 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Army, $216,516,000, to 
remain available until transferred: Provided, That the Sec-
retary of the Army shall, upon determining that such 
funds are required for environmental restoration, reduc-
tion and recycling of hazardous waste, removal of unsafe
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buildings and debris at sites formerly used by the Depart-
ment of Defense, transfer the funds made available by this 
appropriation to other appropriations made available to 
the Department of the Army, to be merged with and to 
be available for the same purposes and for the same time 
period as the appropriations to which transferred: Pro-
vided further, That upon a determination that all or part 
of the funds transferred from this appropriation are not 
necessary for the purposes provided herein, such amounts 
may be transferred back to this appropriation. 
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID 
For expenses relating to the Overseas Humanitarian, 
Disaster, and Civic Aid programs of the Department of 
Defense (consisting of the programs provided under sec-
tions 401, 402, 404, 2557, and 2561 of title 10, United 
States Code), $59,000,000, to remain available until Sep-
tember 30, 2006. 
FORMER SOVIET UNION THREAT REDUCTION ACCOUNT 
For assistance to the republics of the former Soviet 
Union, including assistance provided by contract or by 
grants, for facilitating the elimination and the safe and 
secure transportation and storage of nuclear, chemical and 
other weapons; for establishing programs to prevent the 
proliferation of weapons, weapons components, and weap-
on-related technology and expertise; for programs relating
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to the training and support of defense and military per-
sonnel for demilitarization and protection of weapons, 
weapons components and weapons technology and exper-
tise, and for defense and military contacts, $409,200,000, 
to remain available until September 30, 2007. 
TITLE III 
PROCUREMENT 
AIRCRAFT PROCUREMENT, ARMY 
For construction, procurement, production, modifica-
tion, and modernization of aircraft, equipment, including 
ordnance, ground handling equipment, spare parts, and 
accessories therefor; specialized equipment and training 
devices; expansion of public and private plants, including 
the land necessary therefor, for the foregoing purposes, 
and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of 
title; and procurement and installation of equipment, ap-
pliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the 
foregoing purposes, $3,107,941,000, to remain available 
for obligation until September 30, 2007, of which 
$320,600,000 shall be for the Army National Guard and 
Army Reserve.
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MISSILE PROCUREMENT, ARMY 
For construction, procurement, production, modifica-
tion, and modernization of missiles, equipment, including 
ordnance, ground handling equipment, spare parts, and 
accessories therefor; specialized equipment and training 
devices; expansion of public and private plants, including 
the land necessary therefor, for the foregoing purposes, 
and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of 
title; and procurement and installation of equipment, ap-
pliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the 
foregoing purposes, $1,327,000,000, to remain available 
for obligation until September 30, 2007, of which 
$29,400,000 shall be for the Army National Guard and 
Army Reserve. 
PROCUREMENT OF WEAPONS AND TRACKED COMBAT 
VEHICLES, ARMY 
For construction, procurement, production, and 
modification of weapons and tracked combat vehicles, 
equipment, including ordnance, spare parts, and acces-
sories therefor; specialized equipment and training devices; 
expansion of public and private plants, including the land 
necessary therefor, for the foregoing purposes, and such
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lands and interests therein, may be acquired, and con-
struction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, 
and machine tools in public and private plants; reserve 
plant and Government and contractor-owned equipment 
layaway; and other expenses necessary for the foregoing 
purposes, $2,773,695,000, to remain available for obliga-
tion until September 30, 2007, of which $13,700,000 shall 
be for the Army National Guard and Army Reserve. 
PROCUREMENT OF AMMUNITION, ARMY 
For construction, procurement, production, and 
modification of ammunition, and accessories therefor; spe-
cialized equipment and training devices; expansion of pub-
lic and private plants, including ammunition facilities au-
thorized by section 2854 of title 10, United States Code, 
and the land necessary therefor, for the foregoing pur-
poses, and such lands and interests therein, may be ac-
quired, and construction prosecuted thereon prior to ap-
proval of title; and procurement and installation of equip-
ment, appliances, and machine tools in public and private 
plants; reserve plant and Government and contractor- 
owned equipment layaway; and other expenses necessary 
for the foregoing purposes, $1,608,302,000, to remain 
available for obligation until September 30, 2007, of which
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$215,900,000 shall be for the Army National Guard and 
Army Reserve. 
OTHER PROCUREMENT, ARMY 
For construction, procurement, production, and 
modification of vehicles, including tactical, support, and 
non-tracked combat vehicles; the purchase of passenger 
motor vehicles for replacement only; communications and 
electronic equipment; other support equipment; spare 
parts, ordnance, and accessories therefor; specialized 
equipment and training devices; expansion of public and 
private plants, including the land necessary therefor, for 
the foregoing purposes, and such lands and interests 
therein, may be acquired, and construction prosecuted 
thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools 
in public and private plants; reserve plant and Govern-
ment and contractor-owned equipment layaway; and other 
expenses 
necessary 
for 
the 
foregoing 
purposes, 
$4,868,371,000, to remain available for obligation until 
September 30, 2007, of which $900,000,000 shall be for 
the Army National Guard and Army Reserve. 
AIRCRAFT PROCUREMENT, NAVY 
For construction, procurement, production, modifica-
tion, and modernization of aircraft, equipment, including 
ordnance, spare parts, and accessories therefor; specialized
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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 
installation of equipment, appliances, and machine tools 
in public and private plants; reserve plant and Govern-
ment 
and 
contractor-owned 
equipment 
layaway, 
$8,841,824,000, to remain available for obligation until 
September 30, 2007, of which $89,846,000 shall be for 
the Navy Reserve and Marine Corps Reserve. 
WEAPONS PROCUREMENT, NAVY 
For construction, procurement, production, 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 con-
struction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, 
and machine tools in public and private plants; reserve 
plant and Government and contractor-owned equipment 
layaway, $1,993,754,000, to remain available for obliga-
tion until September 30, 2007.
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PROCUREMENT OF AMMUNITION, NAVY AND MARINE 
CORPS 
For construction, procurement, production, and 
modification of ammunition, and accessories therefor; spe-
cialized equipment and training devices; expansion of pub-
lic and private plants, including ammunition facilities au-
thorized by section 2854 of title 10, United States Code, 
and the land necessary therefor, for the foregoing pur-
poses, and such lands and interests therein, may be ac-
quired, and construction prosecuted thereon prior to ap-
proval of title; and procurement and installation of equip-
ment, appliances, and machine tools in public and private 
plants; reserve plant and Government and contractor- 
owned equipment layaway; and other expenses necessary 
for the foregoing purposes, $885,340,000, to remain avail-
able for obligation until September 30, 2007, of which 
$27,130,000 shall be for the Navy Reserve and Marine 
Corps Reserve. 
SHIPBUILDING AND CONVERSION, NAVY 
For expenses necessary for the construction, 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 
and private plants; reserve plant and Government and con-
tractor-owned equipment layaway; procurement of critical,
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long leadtime components and designs for vessels to be 
constructed or converted in the future; and expansion of 
public and private plants, including land necessary there-
for, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of 
title, as follows: 
Carrier Replacement program (AP), $626,084,000; 
NSSN, $1,581,143,000; 
NSSN (AP), $871,864,000; 
SSGN, $469,226,000; 
SSGN (AP), $48,000,000; 
CVN Refueling Overhauls (AP), $333,061,000; 
SSN 
Submarine 
Refueling 
Overhauls 
(AP), 
$19,368,000; 
SSBN 
Submarine 
Refueling 
Overhauls, 
$262,229,000; 
SSBN 
Submarine 
Refueling 
Overhauls 
(AP), 
$63,971,000; 
DDG–51 Destroyer, $3,444,950,000; 
DDG–51 Destroyer (AP), $125,000,000; 
DDG–51 Modernization, $100,000,000; 
LHD–8, $236,018,000; 
LPD–17, $966,559,000; 
LCU(X), $25,048,000; 
Service Craft, $38,599,000;
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LCAC 
Landing 
Craft 
Air 
Cushion 
SLEP, 
$90,490,000; 
Prior year shipbuilding costs, $484,390,000; and 
For outfitting, post delivery, conversions, and first 
destination transportation, $403,327,000. 
In all: $10,189,327,000, to remain available for obli-
gation until September 30, 2009: Provided, That addi-
tional obligations may be incurred after September 30, 
2009, for engineering services, tests, evaluations, and 
other such budgeted work that must be performed in the 
final stage of ship construction: Provided further, That 
none of the funds provided under this heading for the con-
struction or conversion of any naval vessel to be con-
structed in shipyards in the United States shall be ex-
pended 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 ship-
yards. 
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; expan-
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sion of public and private plants, including the land nec-
essary 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, $4,980,325,000, to re-
main available for obligation until September 30, 2007, 
of which $37,373,000 shall be for the Navy Reserve and 
Marine Corps Reserve: Provided, That funds available in 
this appropriation may be used for TRIDENT modifica-
tions associated with force protection and security require-
ments. 
PROCUREMENT, MARINE CORPS 
For expenses necessary for the procurement, manu-
facture, and modification of missiles, armament, military 
equipment, spare parts, and accessories therefor; plant 
equipment, appliances, and machine tools, and installation 
thereof in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; ve-
hicles for the Marine Corps, including the purchase of pas-
senger motor vehicles for replacement only; and expansion 
of public and private plants, including land necessary 
therefor, and such lands and interests therein, may be ac-
quired, and construction prosecuted thereon prior to ap-
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proval of title, $1,462,703,000, to remain available for ob-
ligation until September 30, 2007, of which $55,608,000 
shall be available for the Marine Corps Reserve. 
AIRCRAFT PROCUREMENT, AIR FORCE 
For construction, procurement, and modification of 
aircraft and equipment, including armor and armament, 
specialized ground handling equipment, and training de-
vices, spare parts, and accessories therefor; specialized 
equipment; expansion of public and private plants, Gov-
ernment-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 Gov-
ernment and contractor-owned equipment layaway; and 
other expenses necessary for the foregoing purposes in-
cluding 
rents 
and 
transportation 
of 
things, 
$13,289,984,000, to remain available for obligation until 
September 30, 2007, of which $303,700,000 shall be 
available for the Air National Guard and Air Force Re-
serve: Provided, That amounts provided under this head-
ing shall be used for the procurement of 15 C–17 aircraft: 
Provided further, That amounts provided under this head-
ing shall be used for the advance procurement of not less 
than 15 C–17 aircraft: Provided further, That the Sec-
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retary of the Air Force shall fully fund the procurement 
of not less than 15 C–17 aircraft in fiscal year 2006. 
MISSILE PROCUREMENT, AIR FORCE 
For construction, procurement, and modification of 
missiles, spacecraft, rockets, and related equipment, in-
cluding spare parts and accessories therefor, ground han-
dling equipment, and training devices; expansion of public 
and private plants, Government-owned equipment and in-
stallation thereof in such plants, erection of structures, 
and acquisition of land, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; 
reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the 
foregoing purposes including rents and transportation of 
things, $4,425,013,000, to remain available for obligation 
until September 30, 2007. 
PROCUREMENT OF AMMUNITION, AIR FORCE 
For construction, procurement, production, and 
modification of ammunition, and accessories therefor; spe-
cialized equipment and training devices; expansion of pub-
lic and private plants, including ammunition facilities au-
thorized by section 2854 of title 10, United States Code, 
and the land necessary therefor, for the foregoing pur-
poses, and such lands and interests therein, may be ac-
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quired, and construction prosecuted thereon prior to ap-
proval of title; and procurement and installation of equip-
ment, appliances, and machine tools in public and private 
plants; reserve plant and Government and contractor- 
owned equipment layaway; and other expenses necessary 
for the foregoing purposes, $1,346,557,000, to remain 
available for obligation until September 30, 2007, of which 
$150,500,000 shall be for the Air National Guard and Air 
Force Reserve. 
OTHER PROCUREMENT, AIR FORCE 
For procurement and modification of equipment (in-
cluding ground guidance and electronic control equipment, 
and ground electronic and communication equipment), 
and supplies, materials, and spare parts therefor, not oth-
erwise provided for; the purchase of passenger motor vehi-
cles for replacement only; lease of passenger motor vehi-
cles; and 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 Gov-
ernment 
and 
contractor-owned 
equipment 
layaway, 
$13,199,607,000, to remain available for obligation until
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September 30, 2007, of which $198,300,000 shall be for 
the Air National Guard and Air Force Reserve. 
PROCUREMENT, DEFENSE-WIDE 
For expenses of activities and agencies of the Depart-
ment of Defense (other than the military departments) 
necessary for procurement, production, and modification 
of equipment, supplies, materials, and spare parts there-
for, not otherwise provided for; the purchase of passenger 
motor vehicles for replacement only; expansion of public 
and private plants, equipment, and installation thereof in 
such plants, erection of structures, and acquisition of land 
for the foregoing purposes, and such lands and interests 
therein, may be acquired, and construction prosecuted 
thereon prior to approval of title; reserve plant and Gov-
ernment 
and 
contractor-owned 
equipment 
layaway, 
$3,028,033,000, to remain available for obligation until 
September 30, 2007. 
DEFENSE PRODUCTION ACT PURCHASES 
For activities by the Department of Defense pursuant 
to sections 108, 301, 302, and 303 of the Defense Produc-
tion Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 
2093), $27,015,000, to remain available until expended.
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TITLE IV 
RESEARCH, DEVELOPMENT, TEST AND 
EVALUATION 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
ARMY 
For expenses necessary for basic and applied sci-
entific research, development, test and evaluation, includ-
ing maintenance, rehabilitation, lease, and operation of fa-
cilities and equipment, $10,220,123,000, to remain avail-
able for obligation until September 30, 2006: Provided, 
That of the amounts provided under this heading, 
$10,000,000 for Molecular Genetics and Musculoskeletal 
Research in program element 0602787A shall remain 
available until expended. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
NAVY 
For expenses necessary for basic and applied sci-
entific research, development, test and evaluation, includ-
ing maintenance, rehabilitation, lease, and operation of fa-
cilities and equipment, $16,532,361,000, to remain avail-
able 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 oper-
ational requirements of the Special Operations Forces:
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Provided further, That funds appropriated in this para-
graph shall be available for the Cobra Judy program. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
AIR FORCE 
For expenses necessary for basic and applied sci-
entific research, development, test and evaluation, includ-
ing maintenance, rehabilitation, lease, and operation of fa-
cilities and equipment, $21,033,622,000, to remain avail-
able 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), 
necessary for basic and applied scientific research, devel-
opment, test and evaluation; advanced research projects 
as may be designated and determined by the Secretary 
of Defense, pursuant to law; maintenance, rehabilitation, 
lease, and operation of facilities and equipment, 
$20,851,271,000, to remain available for obligation until 
September 30, 2006. 
OPERATIONAL TEST AND EVALUATION, DEFENSE 
For expenses, not otherwise provided for, necessary 
for the independent activities of the Director, Operational 
Test and Evaluation, in the direction and supervision of 
operational test and evaluation, including initial oper-
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ational test and evaluation which is conducted prior to, 
and in support of, production decisions; joint operational 
testing and evaluation; and administrative expenses in 
connection therewith, $309,135,000, to remain available 
for obligation until September 30, 2006. 
TITLE V 
REVOLVING AND MANAGEMENT FUNDS 
DEFENSE WORKING CAPITAL FUNDS 
For 
the 
Defense 
Working 
Capital 
Funds, 
$1,174,210,000. 
NATIONAL DEFENSE SEALIFT FUND 
For National Defense Sealift Fund programs, 
projects, and activities, and for expenses of the National 
Defense Reserve Fleet, as established by section 11 of the 
Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744), 
and for the necessary expenses to maintain and preserve 
a U.S.-flag merchant fleet to serve the national security 
needs of the United States, $1,186,626,000, to remain 
available until expended: Provided, That none of the funds 
provided in this paragraph shall be used to award a new 
contract that provides for the acquisition of any of the 
following major components unless such components are 
manufactured in the United States: auxiliary equipment, 
including pumps, for all shipboard services; propulsion 
system components (that is; engines, reduction gears, and
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propellers); shipboard cranes; and spreaders for shipboard 
cranes: Provided further, That the exercise of an option 
in a contract awarded through the obligation of previously 
appropriated funds shall not be considered to be the award 
of a new contract: Provided further, That the Secretary 
of the military department responsible for such procure-
ment may waive the restrictions in the first proviso on 
a case-by-case basis by certifying in writing to the Com-
mittees 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 pur-
poses. 
TITLE VI 
OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DEFENSE HEALTH PROGRAM 
For expenses, not otherwise provided for, for medical 
and health care programs of the Department of Defense, 
as authorized by law, $17,959,186,000, of which 
$17,148,069,000 shall be for Operation and maintenance, 
of which not to exceed 2 percent shall remain available 
until September 30, 2006; of which $364,635,000, to re-
main available for obligation until September 30, 2007, 
shall be for Procurement; and of which $446,482,000, to
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remain available for obligation until September 30, 2006, 
shall be for Research, development, test and evaluation: 
Provided, That notwithstanding any other provision of 
law, of the amount made available under this heading for 
Operation and maintenance, $11,000,000 shall remain 
available until expended, and shall be available only for 
deposit into the Army Fisher House Non-Appropriated 
Fund Instrumentality and shall be used in support and 
upkeep of existing Fisher Houses managed by the Army: 
Provided further, That notwithstanding any other provi-
sion of law, of the amount made available under this head-
ing for Research, development, test and evaluation, not 
less than $10,000,000 shall be available for HIV preven-
tion educational activities undertaken in connection with 
U.S. military training, exercises, and humanitarian assist-
ance activities conducted primarily in African nations: 
Provided further, That Title VI of the Department of De-
fense Appropriations Act, 2004, in the appropriation for 
the Defense Health Program, is amended by adding before 
the period a comma and the following: ‘‘and of which not 
less than $4,250,000 shall be available for HIV prevention 
educational activities undertaken in connection with U.S. 
military training, exercises, and humanitarian assistance 
activities conducted primarily in African nations’’.
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CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 
ARMY 
For expenses, not otherwise provided for, necessary 
for the destruction of the United States stockpile of lethal 
chemical agents and munitions in accordance with the pro-
visions of section 1412 of the Department of Defense Au-
thorization Act, 1986 (50 U.S.C. 1521), and for the de-
struction of other chemical warfare materials that are not 
in the chemical weapon stockpile, $1,371,990,000, of 
which $1,138,801,000 shall be for Operation and mainte-
nance to remain available until September 30, 2006; 
$78,980,000 shall be for Procurement to remain available 
until September 30, 2007; $154,209,000 shall be for 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 Emer-
gency 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-
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sonnel of the reserve components serving under the provi-
sions of title 10 and title 32, United States Code; for Op-
eration and maintenance; for Procurement; and for Re-
search, development, test and evaluation, $876,697,000: 
Provided, That the funds appropriated under this heading 
shall be available for obligation for the same time period 
and for the same purpose as the appropriation to which 
transferred: Provided further, That upon a determination 
that all or part of the funds transferred from this appro-
priation are not necessary for the purposes provided here-
in, such amounts may be transferred back to this appro-
priation: Provided further, That the transfer authority pro-
vided under this heading is in addition to any other trans-
fer authority contained elsewhere in this Act. 
OFFICE OF THE INSPECTOR GENERAL 
For expenses and activities of the Office of the In-
spector General in carrying out the provisions of the In-
spector General Act of 1978, as amended, $193,562,000, 
of which $191,362,000 shall be for Operation and mainte-
nance, of which not to exceed $700,000 is available for 
emergencies and extraordinary expenses to be expended on 
the approval or authority of the Inspector General, and 
payments may be made on the Inspector General’s certifi-
cate of necessity for confidential military purposes; and 
of which $2,100,000, to remain available until September
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30, 2007, shall be for Procurement; and of which 
$100,000, to remain available until September 30, 2006, 
shall be for Research, development, test and evaluation. 
TITLE VII 
RELATED AGENCIES 
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 
DISABILITY SYSTEM FUND 
For payment to the Central Intelligence Agency Re-
tirement and Disability System Fund, to maintain the 
proper funding level for continuing the operation of the 
Central Intelligence Agency Retirement and Disability 
System, $239,400,000. 
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Intelligence Commu-
nity Management Account, $309,644,000, of which 
$26,953,000 for the Advanced Research and Development 
Committee shall remain available until September 30, 
2006: Provided, That of the funds appropriated under this 
heading, $46,100,000 shall be transferred to the Depart-
ment of Justice for the National Drug Intelligence Center 
to support the Department of Defense’s counter-drug in-
telligence responsibilities, and of the said amount, 
$1,500,000 for Procurement shall remain available until 
September 30, 2007 and $1,000,000 for Research, devel-
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opment, test and evaluation shall remain available until 
September 30, 2006: Provided further, That the National 
Drug Intelligence Center shall maintain the personnel and 
technical resources to provide timely support to law en-
forcement authorities and the intelligence community by 
conducting document and computer exploitation of mate-
rials collected in Federal, State, and local law enforcement 
activity associated with counter-drug, counter-terrorism, 
and national security investigations and operations. 
NATIONAL SECURITY EDUCATION TRUST FUND 
For the purposes of title VIII of Public Law 102– 
183, $8,000,000, to be derived from the National Security 
Education Trust Fund, to remain available until ex-
pended. 
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
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Defense funded by this Act shall not be at a rate in excess 
of the percentage increase authorized by law for civilian 
employees of the Department of Defense whose pay is 
computed under the provisions of section 5332 of title 5, 
United States Code, or at a rate in excess of the percent-
age increase provided by the appropriate host nation to 
its own employees, whichever is higher: Provided further, 
That this section shall not apply to Department of De-
fense foreign service national employees serving at United 
States diplomatic missions whose pay is set by the Depart-
ment of State under the Foreign Service Act of 1980: Pro-
vided further, That the limitations of this provision shall 
not apply to foreign national employees of the Department 
of Defense in the Republic of Turkey. 
SEC. 8003. No part of any appropriation contained 
in this Act shall remain available for obligation beyond 
the current fiscal year, unless expressly so provided herein. 
SEC. 8004. No more than 20 percent of the appro-
priations in this Act which are limited for obligation dur-
ing the current fiscal year shall be obligated during the 
last 2 months of the fiscal year: Provided, That this sec-
tion shall not apply to obligations for support of active 
duty training of reserve components or summer camp 
training of the Reserve Officers’ Training Corps.
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(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 Manage-
ment and Budget, transfer not to exceed $3,000,000,000 
of working capital funds of the Department of Defense 
or funds made available in this Act to the Department 
of Defense for military functions (except military con-
struction) between such appropriations or funds or any 
subdivision thereof, to be merged with and to be available 
for the same purposes, and for the same time period, as 
the appropriation or fund to which transferred: Provided, 
That such authority to transfer may not be used unless 
for higher priority items, based on unforeseen military re-
quirements, than those for which originally appropriated 
and in no case where the item for which funds are re-
quested has been denied by the Congress: Provided further, 
That the Secretary of Defense shall notify the Congress 
promptly of all transfers made pursuant to this authority 
or any other authority in this Act: Provided further, That 
no part of the funds in this Act shall be available to pre-
pare or present a request to the Committees on Appropria-
tions for reprogramming of funds, unless for higher pri-
ority items, based on unforeseen military requirements, 
than those for which originally appropriated and in no
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case where the item for which reprogramming is requested 
has been denied by the Congress: Provided further, That 
a request for multiple reprogrammings of funds using au-
thority provided in this section must be made prior to 
June 30, 2005: Provided further, That transfers among 
military personnel appropriations shall not be taken into 
account for purposes of the limitation on the amount of 
funds that may be transferred under this section. 
(TRANSFER OF FUNDS) 
SEC. 8006. During the current fiscal year, cash 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 disburse-
ments to be made from such funds: Provided, That trans-
fers may be made between such funds: Provided further, 
That transfers may be made between working capital 
funds and the ‘‘Foreign Currency Fluctuations, Defense’’ 
appropriation and the ‘‘Operation and Maintenance’’ ap-
propriation accounts in such amounts as may be deter-
mined by the Secretary of Defense, with the approval of 
the Office of Management and Budget, except that such 
transfers may not be made unless the Secretary of Defense 
has notified the Congress of the proposed transfer. Except 
in amounts equal to the amounts appropriated to working
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capital funds in this Act, no obligations may be made 
against a working capital fund to procure or increase the 
value of war reserve material inventory, unless the Sec-
retary of Defense has notified the Congress prior to any 
such obligation. 
SEC. 8007. Funds appropriated by this Act may not 
be used to initiate a special access program without prior 
notification 30 calendar days in session in advance to the 
congressional defense committees. 
SEC. 8008. None of the funds provided in this Act 
shall be available to initiate: (1) a multiyear contract that 
employs economic order quantity procurement in excess of 
$20,000,000 in any 1 year of the contract or that includes 
an unfunded contingent liability in excess of $20,000,000; 
or (2) a contract for advance procurement leading to a 
multiyear contract that employs economic order quantity 
procurement in excess of $20,000,000 in any 1 year, un-
less the congressional defense committees have been noti-
fied at least 30 days in advance of the proposed contract 
award: Provided, That no part of any appropriation con-
tained in this Act shall be available to initiate a multiyear 
contract for which the economic order quantity advance 
procurement is not funded at least to the limits of the 
Government’s liability: Provided further, That no part of 
any appropriation contained in this Act shall be available
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to initiate multiyear procurement contracts for any sys-
tems or component thereof if the value of the multiyear 
contract would exceed $500,000,000 unless specifically 
provided in this Act: Provided further, That no multiyear 
procurement contract can be terminated without 10-day 
prior notification to the congressional defense committees: 
Provided further, That the execution of multiyear author-
ity shall require the use of a present value analysis to de-
termine lowest cost compared to an annual procurement: 
Provided further, That none of the funds provided in this 
Act may be used for a multiyear contract executed after 
the date of the enactment of this Act unless in the case 
of any such contract— 
(1) the Secretary of Defense has submitted to 
Congress a budget request for full funding of units 
to be procured through the contract; 
(2) cancellation provisions in the contract do 
not include consideration of recurring manufacturing 
costs of the contractor associated with the produc-
tion of unfunded units to be delivered under the con-
tract; 
(3) the contract provides that payments to the 
contractor under the contract shall not be made in 
advance of incurred costs on funded units; and
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(4) the contract does not provide for a price ad-
justment based on a failure to award a follow-on 
contract. 
Funds appropriated in title III of this Act may be 
used for a multiyear procurement contract as follows: 
Lightweight 155mm Howitzer. 
SEC. 8009. Within the funds appropriated for the op-
eration and maintenance of the Armed Forces, funds are 
hereby appropriated pursuant to section 401 of title 10, 
United States Code, for humanitarian and civic assistance 
costs under chapter 20 of title 10, United States Code. 
Such funds may also be obligated for humanitarian and 
civic assistance costs incidental to authorized operations 
and pursuant to authority granted in section 401 of chap-
ter 20 of title 10, United States Code, and these obliga-
tions shall be reported as required by section 401(d) of 
title 10, United States Code: Provided, That funds avail-
able for operation and maintenance shall be available for 
providing humanitarian and similar assistance by using 
Civic Action Teams in the Trust Territories of the Pacific 
Islands and freely associated states of Micronesia, pursu-
ant to the Compact of Free Association as authorized by 
Public Law 99–239: Provided further, That upon a deter-
mination by the Secretary of the Army that such action 
is beneficial for graduate medical education programs con-
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ducted at Army medical facilities located in Hawaii, the 
Secretary of the Army may authorize the provision of med-
ical services at such facilities and transportation to such 
facilities, on a nonreimbursable basis, for civilian patients 
from American Samoa, the Commonwealth of the North-
ern Mariana Islands, the Marshall Islands, the Federated 
States of Micronesia, Palau, and Guam. 
SEC. 8010. (a) During fiscal year 2005, the civilian 
personnel of the Department of Defense may not be man-
aged on the basis of any end-strength, and the manage-
ment of such personnel during that fiscal year shall not 
be subject to any constraint or limitation (known as an 
end-strength) on the number of such personnel who may 
be employed on the last day of such fiscal year. 
(b) The fiscal year 2006 budget request for the De-
partment of Defense as well as all justification material 
and other documentation supporting the fiscal year 2006 
Department of Defense budget request shall be prepared 
and submitted to the Congress as if subsections (a) and 
(b) of this provision were effective with regard to fiscal 
year 2006. 
(c) Nothing in this section shall be construed to apply 
to military (civilian) technicians. 
SEC. 8011. None of the funds appropriated in this 
or any other Act may be used to initiate a new installation
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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 stu-
dent and receiving benefits paid by the Secretary of Vet-
erans Affairs from the Department of Defense Education 
Benefits Fund when time spent as a full-time student is 
credited toward completion of a service commitment: Pro-
vided, That this subsection shall not apply to those mem-
bers who have reenlisted with this option prior to October 
1, 1987: Provided further, That this subsection applies 
only to active components of the Army. 
SEC. 8014. (a) LIMITATION
ON CONVERSION
TO 
CONTRACTOR PERFORMANCE.—None of the funds appro-
priated by this Act shall be available to convert to con-
tractor performance an activity or function of the Depart-
ment of Defense that, on or after the date of the enact-
ment of this Act, is performed by more than 10 Depart-
ment of Defense civilian employees unless—
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(1) the conversion is based on the result of a 
public-private competition that includes a most effi-
cient and cost effective organization plan developed 
by such activity or function; 
(2) the Competitive Sourcing Official deter-
mines that, over all performance periods stated in 
the solicitation of offers for performance of the ac-
tivity or function, the cost of performance of the ac-
tivity 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 
of that activity or function by Federal employ-
ees; or 
(B) $10,000,000; and 
(3) the contractor does not receive an advan-
tage for a proposal that would reduce costs for the 
Department of Defense by— 
(A) not making an employer-sponsored 
health insurance plan available to the workers 
who are to be employed in the performance of 
that activity or function under the contract; or 
(B) offering to such workers an employer- 
sponsored health benefits plan that requires the
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employer to contribute less towards the pre-
mium or subscription share than the amount 
that is paid by the Department of Defense for 
health benefits for civilian employees under 
chapter 89 of title 5, United States Code. 
(b) EXCEPTIONS.— 
(1) This section and subsections (a), (b), and 
(c) of section 2461 of title 10, United States Code, 
shall not apply to a commercial or industrial type 
function of the Department of Defense that— 
(A) is included on the procurement list es-
tablished pursuant to section 2 of the Javits- 
Wagner-O’Day Act (41 U.S.C. 47); 
(B) is planned to be converted to perform-
ance by a qualified nonprofit agency for the 
blind or by a qualified nonprofit agency for 
other severely handicapped individuals in ac-
cordance with that Act; or 
(C) is planned to be converted to perform-
ance by a qualified firm under at least 51 per-
cent ownership by an Indian tribe, as defined in 
section 4(e) of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 
450b(e)), or a Native Hawaiian Organization,
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as defined in section 8(a)(15) of the Small 
Business Act (15 U.S.C. 637(a)(15)). 
(2) This section shall not apply to depot con-
tracts or contracts for depot maintenance as pro-
vided 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 cred-
ited toward any competitive or outsourcing goal, target, 
or measurement that may be established by statute, regu-
lation, or policy and is deemed to be awarded under the 
authority of, and in compliance with, subsection (h) of sec-
tion 2304 of title 10, United States Code, for the competi-
tion 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 
agreement pursuant to section 831 of the National De-
fense Authorization Act for Fiscal Year 1991 (Public Law 
101–510; 10 U.S.C. 2302 note), as amended, under the
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authority of this provision or any other transfer authority 
contained in this Act. 
SEC. 8016. None of the funds in this Act may be 
available for the purchase by the Department of Defense 
(and its departments and agencies) of welded shipboard 
anchor and mooring chain 4 inches in diameter and under 
unless the anchor and mooring chain are manufactured 
in the United States from components which are substan-
tially 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 sub-
stantially 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 compo-
nents produced or manufactured in the United States ex-
ceeds 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 pro-
curement may waive this restriction on a case-by-case 
basis by certifying in writing to the Committees on Appro-
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priations that such an acquisition must be made in order 
to acquire capability for national security purposes. 
SEC. 8017. None of the funds appropriated by this 
Act available for the Civilian Health and Medical Program 
of the Uniformed Services (CHAMPUS) or TRICARE 
shall be available for the reimbursement of any health care 
provider for inpatient mental health service for care re-
ceived when a patient is referred to a provider of inpatient 
mental health care or residential treatment care by a med-
ical or health care professional having an economic inter-
est in the facility to which the patient is referred: Pro-
vided, That this limitation does not apply in the case of 
inpatient mental health services provided under the pro-
gram 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 au-
thorized by the Secretary of Defense because of medical 
or psychological circumstances of the patient that are con-
firmed by a health professional who is not a Federal em-
ployee after a review, pursuant to rules prescribed by the 
Secretary, which takes into account the appropriate level 
of care for the patient, the intensity of services required 
by the patient, and the availability of that care. 
SEC. 8018. Notwithstanding any other provision of 
law, during the current fiscal year and hereafter, the Sec-
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retary 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 installa-
tions in NATO member states may be deposited, in the 
currency of the host nation, in lieu of direct monetary 
transfers to the United States Treasury: Provided, That 
such credits may be utilized only for the construction of 
facilities to support United States military forces in that 
host nation, or such real property maintenance and base 
operating costs that are currently executed through mone-
tary transfers to such host nations: Provided further, That 
the Department of Defense’s budget submission for subse-
quent fiscal years shall identify such sums anticipated in 
residual value settlements, and identify such construction, 
real property maintenance or base operating costs that 
shall be funded by the host nation through such credits: 
Provided further, That all military construction projects 
to be executed from such accounts must be previously ap-
proved in a prior Act of Congress: Provided further, That 
each such executive agreement with a NATO member host 
nation shall be reported to the congressional defense com-
mittees, the Committee on International Relations of the 
House of Representatives and the Committee on Foreign 
Relations of the Senate 30 days prior to the conclusion
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and endorsement of any such agreement established under 
this provision. 
SEC. 8019. None of the funds available to the De-
partment of Defense may be used to demilitarize or dis-
pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, 
.22 caliber rifles, .30 caliber rifles, or M–1911 pistols. 
SEC. 8020. No more than $500,000 of the funds ap-
propriated or made available in this Act shall be used dur-
ing a single fiscal year for any single relocation of an orga-
nization, unit, activity or function of the Department of 
Defense into or within the National Capital Region: Pro-
vided, That the Secretary of Defense may waive this re-
striction on a case-by-case basis by certifying in writing 
to the congressional defense committees that such a relo-
cation is required in the best interest of the Government. 
SEC. 8021. In addition to the funds provided else-
where in this Act, $8,000,000 is appropriated only for in-
centive payments authorized by Section 504 of the Indian 
Financing Act of 1974 (25 U.S.C. 1544): Provided, That 
a prime contractor or a subcontractor at any tier that 
makes a subcontract award to any subcontractor or sup-
plier as defined in 25 U.S.C. 1544 or a small business 
owned and controlled by an individual or individuals de-
fined under 25 U.S.C. 4221(9) shall be considered a con-
tractor for the purposes of being allowed additional com-
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pensation under section 504 of the Indian Financing Act 
of 1974 (25 U.S.C. 1544) whenever the prime contract 
or subcontract amount is over $500,000 and involves the 
expenditure of funds appropriated by an Act making Ap-
propriations for the Department of Defense with respect 
to any fiscal year: Provided further, That notwithstanding 
41 U.S.C. 430, this section shall be applicable to any De-
partment of Defense acquisition of supplies or services, in-
cluding any contract and any subcontract at any tier for 
acquisition of commercial items produced or manufac-
tured, in whole or in part by any subcontractor or supplier 
defined in 25 U.S.C. 1544 or a small business owned and 
controlled by an individual or individuals defined under 
25 U.S.C. 4221(9): Provided further, That businesses cer-
tified as 8(a) by the Small Business Administration pursu-
ant to section 8(a)(15) of Public Law 85–536, as amend-
ed, shall have the same status as other program partici-
pants under section 602 of Public Law 100–656, 102 
Stat. 3825 (Business Opportunity Development Reform 
Act of 1988) for purposes of contracting with agencies of 
the Department of Defense. 
SEC. 8022. None of the funds appropriated by this 
Act shall be available to perform any cost study pursuant 
to the provisions of OMB Circular A–76 if the study being 
performed exceeds a period of 24 months after initiation
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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. 
SEC. 8024. Hereafter, notwithstanding any other 
provision of law or regulation, the Secretary of Defense 
may adjust wage rates for civilian employees hired for cer-
tain health care occupations as authorized for the Sec-
retary of Veterans Affairs by section 7455 of title 38, 
United States Code. 
SEC. 8025. During the current fiscal year, net re-
ceipts pursuant to collections from third party payers pur-
suant to section 1095 of title 10, United States Code, shall 
be made available to the local facility of the uniformed 
services responsible for the collections and shall be over 
and above the facility’s direct budget amount. 
SEC. 8026. During the current fiscal year, the De-
partment of Defense is authorized to incur obligations of 
not to exceed $350,000,000 for purposes specified in sec-
tion 2350j(c) of title 10, United States Code, in anticipa-
tion of receipt of contributions, only from the Government 
of Kuwait, under that section: Provided, That upon re-
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ceipt, such contributions from the Government of Kuwait 
shall be credited to the appropriations or fund which in-
curred such obligations. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8027. (a) Of the funds made available in this 
Act, not less than $24,822,000 shall be available for the 
Civil Air Patrol Corporation, of which— 
(1) $21,722,000 shall be available from ‘‘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) $2,300,000 shall be available from ‘‘Aircraft 
Procurement, Air Force’’; and 
(3) $800,000 shall be available from ‘‘Other 
Procurement, Air Force’’ for vehicle procurement. 
(b) The Secretary of the Air Force should waive reim-
bursement for any funds used by the Civil Air Patrol for 
counter-drug activities in support of Federal, State, and 
local government agencies. 
SEC. 8028. (a) None of the funds appropriated in this 
Act are available to establish a new Department of De-
fense (department) federally funded research and develop-
ment center (FFRDC), either as a new entity, or as a 
separate entity administrated by an organization man-
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aging another FFRDC, or as a nonprofit membership cor-
poration consisting of a consortium of other FFRDCs and 
other non-profit entities. 
(b) No member of a Board of Directors, Trustees, 
Overseers, Advisory Group, Special Issues Panel, Visiting 
Committee, or any similar entity of a defense FFRDC, 
and no paid consultant to any defense FFRDC, except 
when acting in a technical advisory capacity, may be com-
pensated for his or her services as a member of such enti-
ty, or as a paid consultant by more than one FFRDC in 
a fiscal year: Provided, That a member of any such entity 
referred to previously in this subsection shall be allowed 
travel expenses and per diem as authorized under the Fed-
eral Joint Travel Regulations, when engaged in the per-
formance of membership duties. 
(c) Notwithstanding any other provision of law, none 
of the funds available to the Department from any source 
during fiscal year 2005 may be used by a defense FFRDC, 
through a fee or other payment mechanism, for construc-
tion of new buildings, for payment of cost sharing for 
projects funded by Government grants, for absorption of 
contract overruns, or for certain charitable contributions, 
not to include employee participation in community service 
and/or development.
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(d) Notwithstanding any other provision of law, of 
the funds available to the department during fiscal year 
2005, not more than 6,600 staff years of technical effort 
(staff years) may be funded for defense FFRDCs: Pro-
vided, That this subsection shall not apply to staff years 
funded in the National Foreign Intelligence Program 
(NFIP). 
(e) The Secretary of Defense shall, with the submis-
sion of the department’s fiscal year 2006 budget request, 
submit a report presenting the specific amounts of staff 
years of technical effort to be allocated for each defense 
FFRDC during that fiscal year. 
(f) Notwithstanding any other provision of this Act, 
the total amount appropriated in this Act for FFRDCs 
is hereby reduced by $40,000,000. 
SEC. 8029. None of the funds appropriated or made 
available in this Act shall be used to procure carbon, alloy 
or armor steel plate for use in any Government-owned fa-
cility or property under the control of the Department of 
Defense which were not melted and rolled in the United 
States or Canada: Provided, That these procurement re-
strictions 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,
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That the Secretary of the military department responsible 
for the procurement may waive this restriction on a case- 
by-case basis by certifying in writing to the Committees 
on Appropriations of the House of Representatives and the 
Senate that adequate domestic supplies are not available 
to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order 
to acquire capability for national security purposes: Pro-
vided further, That these restrictions shall not apply to 
contracts which are in being as of the date of the enact-
ment of this Act. 
SEC. 8030. For the purposes of this Act, the term 
‘‘congressional defense committees’’ means the Armed 
Services Committee of the House of Representatives, the 
Armed Services Committee of the Senate, the Sub-
committee on Defense of the Committee on Appropriations 
of the Senate, and the Subcommittee on Defense of the 
Committee on Appropriations of the House of Representa-
tives. 
SEC. 8031. During the current fiscal year, the De-
partment of Defense may acquire the modification, depot 
maintenance and repair of aircraft, vehicles and vessels 
as well as the production of components and other De-
fense-related articles, through competition between De-
partment of Defense depot maintenance activities and pri-
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vate firms: Provided, That the Senior Acquisition Execu-
tive of the military department or Defense Agency con-
cerned, with power of delegation, shall certify that success-
ful bids include comparable estimates of all direct and in-
direct costs for both public and private bids: Provided fur-
ther, That Office of Management and Budget Circular A– 
76 shall not apply to competitions conducted under this 
section. 
SEC. 8032. (a)(1) If the Secretary of Defense, after 
consultation with the United States Trade Representative, 
determines that a foreign country which is party to an 
agreement described in paragraph (2) has violated the 
terms of the agreement by discriminating against certain 
types of products produced in the United States that are 
covered by the agreement, the Secretary of Defense shall 
rescind the Secretary’s blanket waiver of the Buy Amer-
ican 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 
purchases from foreign entities in fiscal year 2005. Such 
report shall separately indicate the dollar value of items 
for which the Buy American Act was waived pursuant to 
any agreement described in subsection (a)(2), the Trade 
Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any 
international agreement to which the United States is a 
party. 
(c) For purposes of this section, the term ‘‘Buy 
American Act’’ means title III of the Act entitled ‘‘An Act 
making appropriations for the Treasury and Post Office 
Departments for the fiscal year ending June 30, 1934, 
and for other purposes’’, approved March 3, 1933 (41 
U.S.C. 10a et seq.). 
SEC. 8033. Appropriations contained in this Act that 
remain available at the end of the current fiscal year, and 
at the end of each fiscal year hereafter, as a result of en-
ergy 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 sec-
tion 2865 of title 10, United States Code. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8034. Amounts deposited during the current fis-
cal year and hereafter to the special account established
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under 40 U.S.C. 572(b)(5)(A) and to the special account 
established under 10 U.S.C. 2667(d)(1) are appropriated 
and shall be available until transferred by the Secretary 
of Defense to current applicable appropriations or funds 
of the Department of Defense under the terms and condi-
tions 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 appro-
priation to which transferred. 
SEC. 8035. The President shall include with each 
budget for a fiscal year submitted to the Congress under 
section 1105 of title 31, United States Code, materials 
that shall identify clearly and separately the amounts re-
quested in the budget for appropriation for that fiscal year 
for salaries and expenses related to administrative activi-
ties of the Department of Defense, the military depart-
ments, and the defense agencies. 
SEC. 8036. Notwithstanding any other provision of 
law, funds available during the current fiscal year and 
hereafter for ‘‘Drug Interdiction and Counter-Drug Activi-
ties, Defense’’ may be obligated for the Young Marines 
program. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8037. During the current fiscal year, amounts 
contained in the Department of Defense Overseas Military
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Facility Investment Recovery Account established by sec-
tion 2921(c)(1) of the National Defense Authorization Act 
of 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall 
be available until expended for the payments specified by 
section 2921(c)(2) of that Act. 
SEC. 8038. (a) IN GENERAL.—Notwithstanding any 
other provision of law, the Secretary of the Air Force may 
convey at no cost to the Air Force, without consideration, 
to Indian tribes located in the States of North Dakota, 
South Dakota, Montana, and Minnesota relocatable 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 Indian tribes located in the States of North Da-
kota, South Dakota, Montana, and Minnesota. 
(c) RESOLUTION OF HOUSING UNIT CONFLICTS.— 
The Operation Walking Shield Program shall resolve any 
conflicts among requests of Indian tribes for housing units 
under subsection (a) before submitting requests to the 
Secretary of the Air Force under subsection (b).
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(d) INDIAN TRIBE DEFINED.—In this section, the 
term ‘‘Indian tribe’’ means any recognized Indian tribe in-
cluded on the current list published by the Secretary of 
the Interior under section 104 of the Federally Recognized 
Indian Tribe Act of 1994 (Public Law 103–454; 108 Stat. 
4792; 25 U.S.C. 479a–1). 
SEC. 8039. During the current fiscal year, 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. 8040. (a) During the current fiscal year, none 
of the appropriations or funds available to the Department 
of Defense Working Capital Funds shall be used for the 
purchase of an investment item for the purpose of acquir-
ing a new inventory item for sale or anticipated sale dur-
ing the current fiscal year or a subsequent fiscal year to 
customers of the Department of Defense Working Capital 
Funds if such an item would not have been chargeable 
to the Department of Defense Business Operations Fund 
during fiscal year 1994 and if the purchase of such an 
investment item would be chargeable during the current 
fiscal year to appropriations made to the Department of 
Defense for procurement.
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(b) The fiscal year 2006 budget request for the De-
partment of Defense as well as all justification material 
and other documentation supporting the fiscal year 2006 
Department of Defense budget shall be prepared and sub-
mitted to the Congress on the basis that any equipment 
which was classified as an end item and funded in a pro-
curement appropriation contained in this Act shall be 
budgeted for in a proposed fiscal year 2006 procurement 
appropriation and not in the supply management business 
area or any other area or category of the Department of 
Defense Working Capital Funds. 
SEC. 8041. None of the funds appropriated by this 
Act for programs of the Central Intelligence Agency shall 
remain available for obligation beyond the current fiscal 
year, except for funds appropriated for the Reserve for 
Contingencies, which shall remain available until Sep-
tember 30, 2006: Provided, That funds appropriated, 
transferred, or otherwise credited to the Central Intel-
ligence 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 Intel-
ligence Agency for advanced research and development ac-
quisition, for agent operations, and for covert action pro-
grams authorized by the President under section 503 of
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the National Security Act of 1947, as amended, shall re-
main available until September 30, 2006. 
SEC. 8042. Notwithstanding any other provision of 
law, funds made available in this Act for the Defense In-
telligence Agency may be used for the design, develop-
ment, and deployment of General Defense Intelligence 
Program intelligence communications and intelligence in-
formation systems for the Services, the Unified and Speci-
fied Commands, and the component commands. 
SEC. 8043. Of the funds appropriated to the Depart-
ment of Defense under the heading ‘‘Operation and Main-
tenance, 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. 8044. (a) None of the funds appropriated in this 
Act may be expended by an entity of the Department of 
Defense unless the entity, in expending the funds, com-
plies 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
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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 per-
son 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, wheth-
er the person should be debarred from contracting with 
the Department of Defense. 
(c) In the case of any equipment or products pur-
chased with appropriations provided under this Act, it is 
the sense of the Congress that any entity of the Depart-
ment of Defense, in expending the appropriation, purchase 
only American-made equipment and products, provided 
that American-made equipment and products are cost- 
competitive, quality-competitive, and available in a timely 
fashion. 
SEC. 8045. None of the funds appropriated by this 
Act shall be available for a contract for studies, analysis, 
or consulting services entered into without competition on 
the basis of an unsolicited proposal unless the head of the 
activity responsible for the procurement determines—
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(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 sci-
entific or technological promise, represents the prod-
uct of original thinking, and was submitted in con-
fidence by one source; or 
(3) the purpose of the contract is to take ad-
vantage of unique and significant industrial accom-
plishment by a specific concern, or to insure that a 
new product or idea of a specific concern is given fi-
nancial support: Provided, That this limitation shall 
not apply to contracts in an amount of less than 
$25,000, contracts related to improvements of equip-
ment that is in development or production, or con-
tracts as to which a civilian official of the Depart-
ment of Defense, who has been confirmed by the 
Senate, determines that the award of such contract 
is in the interest of the national defense. 
SEC. 8046. (a) Except as provided in subsection (b) 
and (c), none of the funds made available by this Act may 
be used— 
(1) to establish a field operating agency; or
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(2) to pay the basic pay of a member of the 
Armed Forces or civilian employee of the depart-
ment who is transferred or reassigned from a head-
quarters activity if the member or employee’s place 
of duty remains at the location of that headquarters. 
(b) The Secretary of Defense or Secretary of a mili-
tary department may waive the limitations in subsection 
(a), on a case-by-case basis, if the Secretary determines, 
and certifies to the Committees on Appropriations of the 
House of Representatives and Senate that the granting 
of the waiver will reduce the personnel requirements or 
the financial requirements of the department. 
(c) This section does not apply to field operating 
agencies funded within the National Foreign Intelligence 
Program. 
SEC. 8047. Notwithstanding section 303 of Public 
Law 96–487 or any other provision of law, the Secretary 
of the Navy is authorized to lease real and personal prop-
erty at Naval Air Facility, Adak, Alaska, pursuant to 10 
U.S.C. 2667(f), for commercial, industrial or other pur-
poses: Provided, That notwithstanding any other provision 
of law, the Secretary of the Navy may remove hazardous 
materials from facilities, buildings, and structures at 
Adak, Alaska, and may demolish or otherwise dispose of 
such facilities, buildings, and structures.
HR 4613 RH 
(RESCISSIONS) 
SEC. 8048. Of the funds appropriated in Department 
of Defense Appropriations Acts, the following funds are 
hereby rescinded from the following accounts and pro-
grams in the specified amounts: 
‘‘Former Soviet Union Threat Reduction, 2003/ 
2005’’, $50,000,000; 
‘‘Aircraft Procurement, Navy, 2004/2006’’, 
$2,900,000; 
‘‘Shipbuilding and Conversion, Navy, 2004/ 
2008’’, $10,300,000; 
‘‘Other 
Procurement, 
Navy, 
2004/2006’’, 
$5,200,000; 
‘‘Other Procurement, Air Force, 2004/2006’’, 
$100,000,000; 
‘‘Procurement, 
Defense-Wide, 
2004/2006’’ 
$23,400,000; 
‘‘Research, Development, Test and Evaluation, 
Army, 2004/2005’’, $42,650,000; 
‘‘Research, Development, Test and Evaluation, 
Navy, 2004/2005’’, $20,000,000; 
‘‘Research, Development, Test and Evaluation, 
Air Force, 2004/2005’’, $37,000,000; and 
‘‘Research, Development, Test and Evaluation, 
Defense-Wide, 2004/2005’’, $108,300,000.
HR 4613 RH 
SEC. 8049. None of the funds available in this Act 
may be used to reduce the authorized positions for mili-
tary (civilian) technicians of the Army National Guard, 
the Air National Guard, Army Reserve and Air Force Re-
serve for the purpose of applying any administratively im-
posed civilian personnel ceiling, freeze, or reduction on 
military (civilian) technicians, unless such reductions are 
a direct result of a reduction in military force structure. 
SEC. 8050. None of the funds appropriated or 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. 
SEC. 8051. During the current fiscal year and here-
after, funds appropriated in this Act are available to com-
pensate members of the National Guard for duty per-
formed 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.
HR 4613 RH 
SEC. 8052. 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 
activities and programs included within the National For-
eign Intelligence Program (NFIP), the Joint Military In-
telligence Program (JMIP), and the Tactical Intelligence 
and Related Activities (TIARA) aggregate: Provided, That 
nothing in this section authorizes deviation from estab-
lished Reserve and National Guard personnel and training 
procedures. 
SEC. 8053. During the current fiscal year, none of 
the funds appropriated in this Act may be used to reduce 
the civilian medical and medical support personnel as-
signed to military treatment facilities below the September 
30, 2004 level: Provided, That the Service Surgeons Gen-
eral may waive this section by certifying to the congres-
sional defense committees that the beneficiary population 
is declining in some catchment areas and civilian strength
HR 4613 RH 
reductions may be consistent with responsible resource 
stewardship and capitation-based budgeting. 
SEC. 8054. Notwithstanding any other provision of 
law, that not more than 35 percent of funds provided in 
this Act for environmental remediation may be obligated 
under indefinite delivery/indefinite quantity contracts with 
a total contract value of $130,000,000 or higher. 
SEC. 8055. (a) None of the funds available to the 
Department of Defense for any fiscal year for drug inter-
diction or counter-drug activities may be transferred to 
any other department or agency of the United States ex-
cept 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 department or agency of the United States except 
as specifically provided in an appropriations law. 
(TRANSFER OF FUNDS) 
SEC. 8056. Appropriations available under the head-
ing ‘‘Operation and Maintenance, Defense-Wide’’ for the 
current fiscal year and hereafter for increasing energy and 
water efficiency in Federal buildings may, during their pe-
riod 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
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with and to be available for the same general purposes, 
and for the same time period, as the appropriation or fund 
to which transferred. 
SEC. 8057. None of the funds appropriated by this 
Act may be used for the procurement of ball and roller 
bearings other than those produced by a domestic source 
and of domestic origin: Provided, That the Secretary of 
the military department responsible for such procurement 
may waive this restriction on a case-by-case basis by certi-
fying in writing to the Committees on Appropriations of 
the House of Representatives and the Senate, that ade-
quate domestic supplies are not available to meet Depart-
ment of Defense requirements on a timely basis and that 
such an acquisition must be made in order to acquire ca-
pability for national security purposes: Provided further, 
That this restriction shall not apply to the purchase of 
‘‘commercial items’’, as defined by section 4(12) of the 
Office of Federal Procurement Policy Act, except that the 
restriction shall apply to ball or roller bearings purchased 
as end items. 
SEC. 8058. Notwithstanding any other provision of 
law, funds available to the Department of Defense shall 
be made available to provide transportation of medical 
supplies and equipment, on a nonreimbursable basis, to 
American Samoa, and funds available to the Department
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of Defense shall be made available to provide transpor-
tation of medical supplies and equipment, on a non-
reimbursable basis, to the Indian Health Service when it 
is in conjunction with a civil-military project. 
SEC. 8059. None of the funds in this Act may be 
used to purchase any supercomputer which is not manu-
factured in the United States, unless the Secretary of De-
fense 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 avail-
able from United States manufacturers. 
SEC. 8060. Notwithstanding any other provision of 
law, each contract awarded by the Department of Defense 
during the current fiscal year for construction or service 
performed in whole or in part in a State (as defined in 
section 381(d) of title 10, United States Code) which is 
not contiguous with another State and has an unemploy-
ment rate in excess of the national average rate of unem-
ployment as determined by the Secretary of Labor, shall 
include a provision requiring the contractor to employ, for 
the purpose of performing that portion of the contract in 
such State that is not contiguous with another State, indi-
viduals 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
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Secretary of Defense may waive the requirements of this 
section, on a case-by-case basis, in the interest of national 
security. 
SEC. 8061. None of the funds made available in this 
or any other Act may be used to pay the salary of any 
officer or employee of the Department of Defense who ap-
proves or implements the transfer of administrative re-
sponsibilities or budgetary resources of any program, 
project, or activity financed by this Act to the jurisdiction 
of another Federal agency not financed by this Act with-
out the express authorization of Congress: Provided, That 
this limitation shall not apply to transfers of funds ex-
pressly provided for in Defense Appropriations Acts, or 
provisions of Acts providing supplemental appropriations 
for the Department of Defense. 
SEC. 8062. (a) LIMITATION ON TRANSFER OF 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 
described in subsection (b) unless the congressional de-
fense committees, the Committee on International Rela-
tions of the House of Representatives, and the Committee
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on Foreign Relations of the Senate are notified 15 days 
in advance of such transfer. 
(b) COVERED ACTIVITIES.—This section applies to— 
(1) any international peacekeeping or peace-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. 
(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 
requirements of all elements of the Armed 
Forces (including the reserve components) for 
the type of equipment or supplies to be trans-
ferred have been met; and 
(B) a statement of whether the items pro-
posed to be transferred will have to be replaced
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and, if so, how the President proposes to pro-
vide funds for such replacement. 
SEC. 8063. To the extent authorized by subchapter 
VI of chapter 148 of title 10, United States Code, for the 
current fiscal year and hereafter the Secretary of Defense 
may issue loan guarantees in support of United States de-
fense exports not otherwise provided for: Provided, That 
the total contingent liability of the United States for guar-
antees issued under the authority of this section may not 
exceed $15,000,000,000: Provided further, That the expo-
sure fees charged and collected by the Secretary for each 
guarantee shall be paid by the country involved and shall 
not be financed as part of a loan guaranteed by the United 
States: Provided further, That the Secretary shall provide 
quarterly reports to the Committees on Appropriations, 
Armed Services, and Foreign Relations of the Senate and 
the Committees on Appropriations, Armed Services, and 
International Relations in the House of Representatives 
on the implementation of this program: Provided further, 
That amounts charged for administrative fees and depos-
ited to the special account provided for under section 
2540c(d) of title 10, shall be available for paying the costs 
of administrative expenses of the Department of Defense 
that are attributable to the loan guarantee program under
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subchapter VI of chapter 148 of title 10, United States 
Code. 
SEC. 8064. None of the funds available to the De-
partment of Defense under this Act shall be obligated or 
expended to pay a contractor under a contract with the 
Department of Defense for costs of any amount paid by 
the contractor to an employee when— 
(1) such costs are for a bonus or otherwise in 
excess of the normal salary paid by the contractor 
to the employee; and 
(2) such bonus is part of restructuring costs as-
sociated with a business combination. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8065. During the current fiscal year, no more 
than $30,000,000 of appropriations made in this Act 
under the heading ‘‘Operation and Maintenance, Defense- 
Wide’’ may be transferred to appropriations available for 
the pay of military personnel, to be merged with, and to 
be available for the same time period as the appropriations 
to which transferred, to be used in support of such per-
sonnel in connection with support and services for eligible 
organizations and activities outside the Department of De-
fense pursuant to section 2012 of title 10, United States 
Code.
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SEC. 8066. During the current fiscal year, in the case 
of an appropriation account of the Department of Defense 
for which the period of availability for obligation has ex-
pired or which has closed under the provisions of section 
1552 of title 31, United States Code, and which has a 
negative unliquidated or unexpended balance, an obliga-
tion or an adjustment of an obligation may be charged 
to any current appropriation account for the same purpose 
as the expired or closed account if— 
(1) the obligation would have been properly 
chargeable (except as to amount) to the expired or 
closed account before the end of the period of 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 obli-
gation is not chargeable to a current appropriation 
of the Department of Defense under the provisions 
of section 1405(b)(8) of the National Defense Au-
thorization Act for Fiscal Year 1991, Public Law 
101–510, as amended (31 U.S.C. 1551 note): Pro-
vided, That in the case of an expired account, if sub-
sequent review or investigation discloses that there 
was not in fact a negative unliquidated or unex-
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pended balance in the account, any charge to a cur-
rent account under the authority of this section shall 
be reversed and recorded against the expired ac-
count: Provided further, That the total amount 
charged to a current appropriation under this sec-
tion may not exceed an amount equal to 1 percent 
of the total appropriation for that account. 
SEC. 8067. Hereafter, funds appropriated for Oper-
ation and maintenance and for the Defense Health Pro-
gram in this Act, and in future appropriations acts for 
the Department of Defense, for supervision and adminis-
tration costs for facilities maintenance and repair, minor 
construction, or design projects, or any planning studies, 
environmental assessments, or similar activities related to 
installation support functions, may be obligated at the 
time the reimbursable order is accepted by the performing 
activity: Provided, That for the purpose of this section, 
supervision and administration costs includes all in-house 
Government cost. 
SEC. 8068. (a) Notwithstanding any other provision 
of law, the Chief of the National Guard Bureau may per-
mit the use of equipment of the National Guard Distance 
Learning Project by any person or entity on a space-avail-
able, reimbursable basis. The Chief of the National Guard
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Bureau shall establish the amount of reimbursement for 
such use on a case-by-case basis. 
(b) Amounts collected under subsection (a) shall be 
credited to funds available for the National Guard Dis-
tance Learning Project and be available to defray the costs 
associated with the use of equipment of the project under 
that subsection. Such funds shall be available for such 
purposes without fiscal year limitation. 
SEC. 8069. Using funds available by this Act or any 
other Act, the Secretary of the Air Force, pursuant to a 
determination under section 2690 of title 10, United 
States Code, may implement cost-effective agreements for 
required 
heating 
facility 
modernization 
in 
the 
Kaiserslautern Military Community in the Federal Repub-
lic of Germany: Provided, That in the City of 
Kaiserslautern such agreements will include the use of 
United States anthracite as the base load energy for mu-
nicipal district heat to the United States Defense installa-
tions: Provided further, That at Landstuhl Army Regional 
Medical Center and Ramstein Air Base, furnished heat 
may be obtained from private, regional or municipal serv-
ices, if provisions are included for the consideration of 
United States coal as an energy source. 
SEC. 8070. None of the funds appropriated in title 
IV of this Act may be used to procure end-items for deliv-
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ery to military forces for operational training, operational 
use or inventory requirements: Provided, That this restric-
tion does not apply to end-items used in development, 
prototyping, and test activities preceding and leading to 
acceptance for operational use: Provided further, That this 
restriction does not apply to programs funded within the 
National Foreign Intelligence Program: Provided further, 
That the Secretary of Defense may waive this restriction 
on a case-by-case basis by certifying in writing to the 
Committees on Appropriations of the House of Represent-
atives and the Senate that it is in the national security 
interest to do so. 
SEC. 8071. None of the funds made available in this 
Act may be used to approve or license the sale of the F– 
22 advanced tactical fighter to any foreign government. 
SEC. 8072. (a) The Secretary of Defense may, on a 
case-by-case basis, waive with respect to a foreign country 
each limitation on the procurement of defense items from 
foreign sources provided in law if the Secretary determines 
that the application of the limitation with respect to that 
country would invalidate cooperative programs entered 
into between the Department of Defense and the foreign 
country, or would invalidate reciprocal trade agreements 
for the procurement of defense items entered into under 
section 2531 of title 10, United States Code, and the
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country does not discriminate against the same or similar 
defense items produced in the United States for that coun-
try. 
(b) Subsection (a) applies with respect to— 
(1) contracts and subcontracts entered into on 
or after the date of the enactment of this Act; and 
(2) options for the procurement of items that 
are exercised after such date under contracts that 
are entered into before such date if the option prices 
are adjusted for any reason other than the applica-
tion 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-
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. 8073. (a) PROHIBITION.—None of the funds 
made available by this Act may be used to support any 
training program involving a unit of the security forces 
of a foreign country if the Secretary of Defense has re-
ceived credible information from the Department of State 
that the unit has committed a gross violation of human
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rights, unless all necessary 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 re-
ferred 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 secu-
rity forces. 
(c) WAIVER.—The Secretary of Defense, after con-
sultation with the Secretary of State, may waive the prohi-
bition in subsection (a) if he determines that such waiver 
is required by extraordinary circumstances. 
(d) REPORT.—Not more than 15 days after the exer-
cise of any waiver under subsection (c), the Secretary of 
Defense shall submit a report to the congressional defense 
committees describing the extraordinary circumstances, 
the purpose and duration of the training program, the 
United States forces and the foreign security forces in-
volved in the training program, and the information relat-
ing to human rights violations that necessitates the waiv-
er. 
SEC. 8074. The Secretary of Defense, in coordination 
with the Secretary of Health and Human Services, may 
carry out a program to distribute surplus dental equip-
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ment of the Department of Defense, at no cost to the De-
partment of Defense, to Indian Health Service facilities 
and to federally-qualified health centers (within the mean-
ing of section 1905(l)(2)(B) of the Social Security Act (42 
U.S.C. 1396d(l)(2)(B))). 
SEC. 8075. None of the funds appropriated or made 
available in this Act to the Department of the Navy shall 
be used to develop, lease or procure the T–AKE class of 
ships unless the main propulsion diesel engines and 
propulsors are manufactured in the United States by a 
domestically operated entity: Provided, That the Secretary 
of Defense may waive this restriction on a case-by-case 
basis by certifying in writing to the Committees on 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 or there 
exists a significant cost or quality difference. 
SEC. 8076. None of the funds appropriated or other-
wise made available by this or other Department of De-
fense Appropriations Acts may be obligated or expended 
for the purpose of performing repairs or maintenance to 
military family housing units of the Department of De-
fense, including areas in such military family housing
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units that may be used for the purpose of conducting offi-
cial Department of Defense business. 
SEC. 8077. Notwithstanding any other provision of 
law, funds appropriated in this Act under the heading 
‘‘Research, Development, Test and Evaluation, Defense- 
Wide’’ for any advanced concept technology demonstration 
project may only be obligated 30 days after a report, in-
cluding a description of the project, the planned acquisi-
tion and transition strategy and its estimated annual and 
total cost, has been provided in writing to the congres-
sional defense committees: Provided, That the Secretary 
of Defense may waive this restriction on a case-by-case 
basis by certifying to the congressional defense committees 
that it is in the national interest to do so. 
SEC. 8078. The Secretary of Defense shall provide 
a classified quarterly report, beginning December 15, 
2004, to the House and Senate Appropriations Commit-
tees, Subcommittees on Defense on certain matters as di-
rected in the classified annex accompanying this Act. 
SEC. 8079. During the current fiscal year and here-
after, refunds attributable to the use of the Government 
travel card, refunds attributable to the use of the Govern-
ment Purchase Card and refunds attributable to official 
Government travel arranged by Government Contracted 
Travel Management Centers may be credited to operation
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and maintenance, and research, development, test and 
evaluation accounts of the Department of Defense which 
are current when the refunds are received. 
SEC. 8080. (a) REGISTERING FINANCIAL MANAGE-
MENT INFORMATION TECHNOLOGY SYSTEMS WITH DOD 
CHIEF INFORMATION OFFICER.—None of the funds ap-
propriated in this Act may be used for a mission critical 
or mission essential financial management information 
technology system (including a system funded by the de-
fense working capital fund) that is not registered with the 
Chief Information Officer of the Department of Defense. 
A system shall be considered to be registered with that 
officer upon the furnishing to that officer of notice of the 
system, together with such information concerning the 
system as the Secretary of Defense may prescribe. A fi-
nancial management information technology system shall 
be considered a mission critical or mission essential infor-
mation technology system as defined by the Under Sec-
retary of Defense (Comptroller). 
(b) CERTIFICATIONS AS TO COMPLIANCE WITH FI-
NANCIAL 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
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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 De-
fense until the Under Secretary of Defense (Comp-
troller) certifies, with respect to that milestone, that 
the system is being developed and managed in ac-
cordance with the Department’s Financial Manage-
ment Modernization Plan. The Under Secretary of 
Defense (Comptroller) may require additional certifi-
cations, as appropriate, with respect to any such sys-
tem. 
(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.— 
(1) During the current fiscal year, a major 
automated information system may not receive Mile-
stone A approval, Milestone B approval, or full rate 
production approval, or their equivalent, within the 
Department of Defense until the Chief Information 
Officer certifies, with respect to that milestone, that 
the system is being developed in accordance with the 
Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.). 
The Chief Information Officer may require addi-
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tional 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 covered by such a certification and confirma-
tion that the following steps have been taken with 
respect to the system: 
(A) Business process reengineering. 
(B) An analysis of alternatives. 
(C) An economic analysis that includes a 
calculation of the return on investment. 
(D) Performance measures. 
(E) An information assurance strategy 
consistent with the Department’s Global Infor-
mation Grid. 
(d) DEFINITIONS.—For purposes of this section: 
(1) The term ‘‘Chief Information Officer’’ 
means the senior official of the Department of De-
fense designated by the Secretary of Defense pursu-
ant to section 3506 of title 44, United States Code. 
(2) The term ‘‘information technology system’’ 
has the meaning given the term ‘‘information tech-
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nology’’ in section 5002 of the Clinger-Cohen Act of 
1996 (40 U.S.C. 1401). 
SEC. 8081. During the current fiscal year, none of 
the funds available to the Department of Defense may be 
used to provide support to another department or agency 
of the United States if such department or agency is more 
than 90 days in arrears in making payment to the Depart-
ment 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 de-
partment 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 author-
ity: Provided further, That the Secretary of Defense may 
waive this restriction on a case-by-case basis by certifying 
in writing to the Committees on Appropriations of the 
House of Representatives and the Senate that it is in the 
national security interest to do so. 
SEC. 8082. None of the funds provided in this Act 
may be used to transfer to any nongovernmental entity 
ammunition held by the Department of Defense that has 
a center-fire cartridge and a United States military no-
menclature designation of ‘‘armor penetrator’’, ‘‘armor 
piercing (AP)’’, ‘‘armor piercing incendiary (API)’’, or 
‘‘armor-piercing incendiary-tracer (API-T)’’, except to an
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entity performing demilitarization services for the Depart-
ment 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) ren-
dered incapable of reuse by the demilitarization process; 
or (2) used to manufacture ammunition pursuant to a con-
tract with the Department of Defense or the manufacture 
of ammunition for export pursuant to a License for Per-
manent Export of Unclassified Military Articles issued by 
the Department of State. 
SEC. 8083. Notwithstanding any other provision of 
law, the Chief of the National Guard Bureau, or his 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 not in excess of 1 year to any organization specified 
in 32 U.S.C. 508(d), or any other youth, social, or fra-
ternal non-profit organization as may be approved by the 
Chief of the National Guard Bureau, or his designee, on 
a case-by-case basis. 
SEC. 8084. None of the funds appropriated by this 
Act shall be used for the support of any nonappropriated 
funds activity of the Department of Defense that procures 
malt beverages and wine with nonappropriated funds for 
resale (including such alcoholic beverages sold by the
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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 Colum-
bia, 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 installa-
tion is located: Provided further, That such local procure-
ment requirements for malt beverages and wine shall 
apply to all alcoholic beverages only for military installa-
tions in States which are not contiguous with another 
State: Provided further, That alcoholic beverages other 
than wine and malt beverages, in contiguous States and 
the District of Columbia shall be procured from the most 
competitive source, price and other factors considered. 
SEC. 8085. Funds available to the Department of 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. 8086. Of the amounts appropriated in this Act 
under the heading, ‘‘Research, Development, Test and 
Evaluation, Defense-Wide’’, $60,000,000 shall remain 
available until expended: Provided, That notwithstanding
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any other provision of law, the Secretary of Defense is 
authorized to transfer such funds to other activities of the 
Federal Government. 
SEC. 8087. Section 8106 of the Department of De-
fense Appropriations Act, 1997 (titles I through VIII of 
the matter under subsection 101(b) of Public Law 104– 
208; 110 Stat. 3009–111; 10 U.S.C. 113 note) shall con-
tinue in effect to apply to disbursements that are made 
by the Department of Defense in fiscal year 2005. 
SEC. 8088. In addition to amounts provided else-
where in this Act, $2,000,000 is hereby appropriated for 
‘‘Defense Health Program’’, to remain available for obli-
gation until expended: Provided, That notwithstanding 
any other provision of law, these funds shall be available 
only for a grant to the Fisher House Foundation, Inc., 
only for the construction and furnishing of additional 
Fisher Houses to meet the needs of military family mem-
bers when confronted with the illness or hospitalization of 
an eligible military beneficiary. 
SEC. 8089. Amounts appropriated in title II of this 
Act are hereby reduced by $300,000,000 to reflect savings 
attributable to efficiencies and management improvements 
in the funding of miscellaneous or other contracts in the 
military departments, as follows:
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(1) From ‘‘Operation and Maintenance, Army’’, 
$66,700,000; 
(2) From ‘‘Operation and Maintenance, Navy’’, 
$77,900,000; 
(3) From ‘‘Operation and Maintenance, Marine 
Corps’’, $6,100,000; and 
(4) From ‘‘Operation and Maintenance, Air 
Force’’, $149,300,000. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8090. Of the amounts appropriated in this Act 
under the heading ‘‘Research, Development, Test and 
Evaluation, Defense-Wide’’, $87,290,000 shall be avail-
able for the Arrow missile defense program, of which 
$25,000,000 shall be for producing Arrow missile compo-
nents in the United States and Arrow missile components 
and missiles in Israel to meet Israel’s defense require-
ments, consistent with each nation’s laws, regulations and 
procedures: Provided further, That funds made available 
under this provision for production of missiles and missile 
components may be transferred to appropriations available 
for the procurement of weapons and equipment, to be 
merged with and to be available for the same time period 
and the same purposes as the appropriation to which 
transferred: Provided further, That the transfer authority 
provided under this provision is in addition to any other 
transfer authority contained in this Act.
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SEC. 8091. Notwithstanding any other provision of 
law, of the amounts provided in this Act and in Public 
Law 108–87 under the heading ‘‘Research, Development, 
Test and Evaluation, Navy’’, $1,500,000, and $500,000, 
respectively, shall be available for a grant (or grants) to 
the California Central Coast Research Partnership 
(C3RP) through the California Polytechnic State Univer-
sity Foundation, for costs related to Office of Naval Re-
search agreements: Provided, That the Secretary of the 
Navy shall make said grant (or grants) within 90 days 
of the enactment of this Act. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8092. Of the amounts appropriated in this Act 
under the heading ‘‘Shipbuilding and Conversion, Navy’’, 
$484,390,000 shall be available until September 30, 2005, 
to fund prior year shipbuilding cost increases: Provided, 
That upon enactment of this Act, the Secretary of Defense 
shall transfer such funds to the following appropriations 
in the amount specified: Provided further, That the 
amounts transferred shall be merged with and be available 
for the same purposes as the appropriations to which 
transferred: 
To: 
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1996/05’’:
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LPD–17 Amphibious Transport Dock Ship 
Program, $55,000,000. 
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1999/05’’: 
New SSN, $10,000,000; 
LPD–17 Amphibious Transport Dock Ship 
Program, $38,100,000. 
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 2000/05’’: 
DDG–51 
Destroyer 
Program, 
$44,963,000; 
LPD–17 Amphibious Transport Dock Ship 
Program, $171,681,000. 
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 2001/05’’: 
DDG–51 
Destroyer 
Program, 
$83,316,000; 
New SSN, $67,330,000. 
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 2002/05’’: 
LCAC SLEP, $2,100,000. 
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 2003/05’’: 
LCAC SLEP, $11,900,000:
100 
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Provided further, That Section 126 of the National De-
fense Authorization Act for Fiscal Year 2004 (Public Law 
108–136; 117 Stat. 1410; 10 U.S.C. 7291 note) is re-
pealed. 
SEC. 8093. The Secretary of the Navy may settle, 
or compromise, and pay any and all admiralty claims 
under 10 U.S.C. 7622 arising out of the collision involving 
the U.S.S. GREENEVILLE and the EHIME MARU, in 
any amount and without regard to the monetary limita-
tions in subsections (a) and (b) of that section: Provided, 
That such payments shall be made from funds available 
to the Department of the Navy for operation and mainte-
nance. 
SEC. 8094. Notwithstanding any other provision of 
law or regulation, the Secretary of Defense may hereafter 
exercise the provisions of 38 U.S.C. 7403(g) for occupa-
tions listed in 38 U.S.C. 7403(a)(2) as well as the fol-
lowing: 
Pharmacists, Audiologists, and Dental Hygien-
ists. 
(A) 
The 
requirements 
of 
U.S.C. 
7403(g)(1)(A) shall apply. 
(B) The limitations of 38 U.S.C. 7403(g)(1)(B) 
shall not apply.
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SEC. 8095. Funds appropriated by this Act, or made 
available by the transfer of funds in this Act, for intel-
ligence activities are deemed to be specifically authorized 
by the Congress for purposes of section 504 of the Na-
tional Security Act of 1947 (50 U.S.C. 414) during fiscal 
year 2005 until the enactment of the Intelligence Author-
ization Act for fiscal year 2005. 
SEC. 8096. The total amount appropriated in title IV 
of this Act is hereby reduced by $270,000,000 to reduce 
cost growth in information technology development and 
modernization, to be derived as follows: 
(1) From ‘‘Research, Development, Test and 
Evaluation, Army’’, $60,000,000; 
(2) From ‘‘Research, Development, Test and 
Evaluation, Navy’’, $29,000,000; 
(3) From ‘‘Research, Development, Test and 
Evaluation, Air Force’’, $72,000,000; and 
(4) From ‘‘Research, Development, Test and 
Evaluation, Defense-Wide’’, $109,000,000. 
SEC. 8097. None of the funds in this Act may be 
used to initiate a new start program without prior notifica-
tion to the Office of Secretary of Defense and the congres-
sional defense committees. 
SEC. 8098. The amounts appropriated in title II of 
this Act are hereby reduced by $316,000,000 to reflect
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cash balance and rate stabilization adjustments in Depart-
ment of Defense Working Capital Funds, as follows: 
(1) From ‘‘Operation and Maintenance, Navy’’, 
$150,000,000. 
(2) From ‘‘Operation and Maintenance, Air 
Force’’, $166,000,000. 
SEC. 8099. (a) In addition to the amounts provided 
elsewhere in this Act, the amount of $6,000,000 is hereby 
appropriated to the Department of Defense for ‘‘Oper-
ation and Maintenance, Army National Guard’’. Such 
amount shall be made available to the Secretary of the 
Army only to make a grant in the amount of $6,000,000 
to the entity specified in subsection (b) to facilitate access 
by veterans to opportunities for skilled employment in the 
construction industry. 
(b) The entity referred to in subsection (a) is the 
Center for Military Recruitment, Assessment and Vet-
erans Employment, a nonprofit labor-management co-op-
eration committee provided for by section 302(c)(9) of the 
Labor-Management Relations Act, 1947 (29 U.S.C. 
186(c)(9)), for the purposes set forth in section 6(b) of 
the Labor Management Cooperation Act of 1978 (29 
U.S.C. 175a note). 
SEC. 8100. FINANCING AND FIELDING OF KEY ARMY 
CAPABILITIES.—The Department of Defense and the De-
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partment of the Army shall make future budgetary and 
programming plans to fully finance the Non-Line of Sight 
Future Force cannon and resupply vehicle program 
(NLOS–C) in order to field this system in fiscal year 
2010, consistent with the broader plan to field the Future 
Combat System (FCS) in fiscal year 2010: Provided, That 
if the Army is precluded from fielding the FCS program 
by fiscal year 2010, then the Army shall develop the 
NLOS–C independent of the broader FCS development 
timeline to achieve fielding by fiscal year 2010. In addition 
the Army will deliver eight (8) combat operational pre- 
production NLOS–C systems by the end of calendar year 
2008. These systems shall be in addition to those systems 
necessary for developmental and operational testing: Pro-
vided further, That the Army shall ensure that budgetary 
and programmatic plans will provide for no fewer that 
seven (7) Stryker Brigade Combat Teams to be fielded 
no later than fiscal year 2009. 
SEC. 8101. In addition to the amounts appropriated 
or otherwise made available elsewhere in this Act, 
$6,600,000 is hereby appropriated to the Department of 
Defense, to remain available until September 30, 2005: 
Provided, That the Secretary of Defense shall make grants 
in the amount of $2,100,000 to the Intrepid Sea-Air- 
Space Foundation; $2,500,000 to the Presidio Trust only
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for renovations of the parade field; and $2,000,000 to the 
Fort Ticonderoga Association. 
SEC. 8102. None of the funds appropriated in this 
Act under the heading ‘‘Overseas Contingency Operations 
Transfer Account’’ may be transferred or obligated for 
Department of Defense expenses not directly related to the 
conduct of overseas contingencies: Provided, That the Sec-
retary of Defense shall submit a report no later than 30 
days after the end of each fiscal quarter to the Committees 
on Appropriations of the Senate and House of Representa-
tives that details any transfer of funds from the ‘‘Overseas 
Contingency Operations Transfer Account’’: Provided fur-
ther, That the report shall explain any transfer for the 
maintenance of real property, pay of civilian personnel, 
base operations support, and weapon, vehicle or equipment 
maintenance. 
SEC. 8103. For purposes of section 1553(b) of title 
31, United States Code, any subdivision of appropriations 
made in this Act under the heading ‘‘Shipbuilding and 
Conversion, Navy’’ shall be considered to be for the same 
purpose as any subdivision under the heading ‘‘Ship-
building and Conversion, Navy’’ appropriations in any 
prior fiscal year, and the 1 percent limitation shall apply 
to the total amount of the appropriation.
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SEC. 8104. The budget of the President for fiscal 
year 2006 submitted to the Congress pursuant to section 
1105 of title 31, United States Code shall include separate 
budget justification documents for costs of United States 
Armed Forces’ participation in contingency operations for 
the Military Personnel accounts, the Operation and Main-
tenance accounts, and the Procurement accounts: Pro-
vided, That these documents shall include a description 
of the funding requested for each contingency operation, 
for each military service, to include all Active and Reserve 
components, and for each appropriations account: Pro-
vided further, That these documents shall include esti-
mated costs for each element of expense or object class, 
a reconciliation of increases and decreases for each contin-
gency operation, and programmatic data including, but 
not limited to, troop strength for each Active and Reserve 
component, and estimates of the major weapons systems 
deployed in support of each contingency: Provided further, 
That these documents shall include budget exhibits OP– 
5 and OP–32 (as defined in the Department of Defense 
Financial Management Regulation) for all contingency op-
erations for the budget year and the two preceding fiscal 
years. 
SEC. 8105. None of the funds in this Act may be 
used for research, development, test, evaluation, procure-
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ment or deployment of nuclear armed interceptors of a 
missile defense system. 
SEC. 8106. Of the amounts provided in title II of this 
Act under the heading, ‘‘Operation and Maintenance, De-
fense-Wide’’, $20,000,000 is available for the Regional 
Defense Counter-terrorism Fellowship Program, to fund 
the education and training of foreign military officers, 
ministry of defense civilians, and other foreign security of-
ficials, to include United States military officers and civil-
ian officials whose participation directly contributes to the 
education and training of these foreign students. 
SEC. 8107. None of the funds appropriated or made 
available in this Act shall be used to reduce or disestablish 
the operation of the 53rd Weather Reconnaissance Squad-
ron of the Air Force Reserve, if such action would reduce 
the WC–130 Weather Reconnaissance mission below the 
levels funded in this Act: Provided, That the Air Force 
shall allow the 53rd Weather Reconnaissance Squadron to 
perform other missions in support of national defense re-
quirements during the non-hurricane season. 
SEC. 8108. (a) LAND CONVEYANCES, NORTON AIR 
FORCE BASE, CALIFORNIA.—(1) FOREST SERVICE CON-
VEYANCE.—Subject to paragraph (2), the Secretary of Ag-
riculture shall convey to the Inland Valley Development 
Agency all right, title, and interest of the United States
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in and to a parcel of real property consisting of approxi-
mately 3.74 acres designated as parcel D–1 (including the 
former Air Force S–2 Headquarters Building) on the 
former Norton Air Force Base, California. 
(2) As consideration for the transfer under paragraph 
(1), the Inland Valley Development Agency shall execute 
a long-term ground lease with the Secretary of Agri-
culture, upon terms acceptable to the Federal Aviation Ad-
ministration, to provide the United States Forest Service 
with a replacement parcel of land of approximately 7.5 
acres at the San Bernardino International Airport adja-
cent to current facilities of the Forest Service to be used 
for aeronautical purposes in furtherance of wildfire pre-
vention and containment. 
(b) AIR FORCE CONVEYANCE.—(1) Subject to para-
graph (2), the Secretary of the Air Force shall convey to 
the Inland Valley Development Agency all right, title, and 
interest of the United States in and to certain parcels of 
real property, including improvements thereon, located on 
or adjacent to the former Norton Air Force Base, Cali-
fornia, that as of the date of the enactment of this Act 
have been determined through a record of decision to be 
eligible to be transferred to, or held in trust for, the San 
Manuel Band of Mission Indians.
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(2) The Secretary of the Air Force shall make a con-
veyance under paragraph (1) with respect to any parcel 
of real property to which that paragraph applies only upon 
delivery to the Secretary of an instrument executed by the 
San Manuel Band of Mission Indians that releases and 
extinguishes any real property interest of the San Manuel 
Band of Mission Indians in that parcel of real property. 
SEC. 8109. (a) The total amount appropriated or oth-
erwise made available in titles III and IV of this Act is 
hereby reduced by $345,000,000 to reflect savings from 
revised economic assumptions, to be distributed as follows: 
‘‘Title III’’, $189,000,000; and 
‘‘Title IV’’, $156,000,000. 
(b) The Secretary of Defense shall allocate this re-
duction proportionately to each program, project, and ac-
tivity within each applicable appropriation account. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8110. (a) The amount appropriated in title II 
for ‘‘Operation and Maintenance, Air Force’’ is hereby re-
duced by $967,200,000 to reflect cash balance and rate 
stabilization adjustments in the Department of Defense 
Transportation Working Capital Fund. 
(b) Not later than 120 days after the date of the en-
actment of this Act, the Secretary of Defense shall trans-
fer $967,200,000 from the Department of Defense Trans-
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portation Working Capital Fund to ‘‘Operation and Main-
tenance, Air Force’’ to offset the reduction made by sub-
section (a). The transfer required by this subsection is in 
addition to any other transfer authority provided to the 
Department of Defense. 
SEC. 8111. None of the funds provided in this Act 
shall be available for integration of foreign intelligence in-
formation unless the information has been lawfully col-
lected and processed during the conduct of authorized for-
eign intelligence activities: Provided, That information 
pertaining to United States persons shall only be handled 
in accordance with protections provided in the Fourth 
Amendment of the United States Constitution as imple-
mented through Executive Order 12333. 
SEC. 8112. Section 8149(b) of the Department of De-
fense Appropriations Act, 2003 (Public Law 107–248; 10 
U.S.C. 2784 note), shall remain in effect for fiscal year 
2005. 
SEC. 8113. Amounts appropriated in this Act may 
be used by the Department of Defense for the purchase 
of heavy and light armored vehicles for force protection 
purposes, notwithstanding price or other limitations appli-
cable to the purchase of passenger carrying vehicles under 
section 1343 of title 31, United States Code, or any other 
provision of law: Provided, That the Secretary of Defense
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shall submit a report no later than 30 days after the end 
of each fiscal quarter notifying the congressional defense 
committees of any purchase described in this section, in-
cluding the cost, purposes, and quantities of vehicles pur-
chased. 
SEC. 8114. Of the amount appropriated under the 
heading ‘‘Operation and Maintenance, Marine Corps’’ for 
the Marine Corps Air-Ground Task Force Training Cen-
ter, Twenty Nine Palms, California, $4,500,000 shall be 
available to the Secretary of the Navy to enter into a con-
tract, notwithstanding any other provision of law, for the 
widening of Adobe Road, which is used by members of 
the Marine Corps stationed at the installation and their 
dependents, and for construction of pedestrian and bike 
lanes for the road, to provide for the safety of the Marines 
stationed at the installation. 
SEC. 8115. In addition to amounts appropriated or 
otherwise made available in this Act, there is hereby ap-
propriated $3,000,000, for ‘‘Operation and Maintenance, 
Marine Corps’’: Provided, That the Secretary of the Navy 
shall make a grant in that amount to the ‘‘Hi-Desert Me-
morial Health Care District’’, Joshua Tree, California, for 
the purposes of providing a capability for non-invasive as-
sessment, diagnostic testing and treatment in support of
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service personnel and their families stationed at the Ma-
rine Corps Air-Ground Task Force Training Center. 
SEC. 8116. (a) LAND CONVEYANCE, ARMY RESERVE 
TRAINING CENTER, WOOSTER, OHIO.—The Secretary of 
the Army may convey, without consideration, to the City 
of Wooster, Ohio, all right, title, and interest of the United 
States in and to a parcel of real property, including im-
provements thereon, that is located at 1676 Portage Road, 
Wooster, Ohio, and contains a former Army Reserve 
Training Center. 
(b) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the real property to be conveyed 
under subsection (a) shall be determined by a survey satis-
factory to the Secretary. The cost of the survey shall be 
borne by the City of Wooster, Ohio. 
(c) ADDITIONAL TERMS
AND CONDITIONS.—The 
Secretary may require such additional terms and condi-
tions in connection with the conveyance under subsection 
(a) as the Secretary considers appropriate to protect the 
interests of the United States. 
SEC. 8117. (a) At the time members of reserve com-
ponents of the Armed Forces are called or ordered to ac-
tive duty under Section 12302(a) of title 10, United States 
Code, each member shall be notified in writing of the ex-
pected period during which the member will be mobilized.
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(b) The Secretary of Defense may waive the require-
ments of subsection (a) in any case in which the Secretary 
determines that it is necessary to do so to respond to a 
national security emergency or to meet dire operational 
requirements of the Armed Forces. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8118. The Secretary of the Navy may transfer 
funds from any available Department of the Navy appro-
priation to any available Navy ship construction appro-
priation for the purpose of liquidating necessary changes 
resulting from inflation, market fluctuations, or rate ad-
justments for any ship construction program appropriated 
in law: Provided, That the Secretary may transfer not to 
exceed $100,000,000 under the authority provided by this 
section: Provided further, That the funding transferred 
shall be available for the same time period as the appro-
priation to which transferred: Provided further, That the 
Secretary may not transfer any funds until 30 days after 
the proposed transfer has been reported to the Committee 
on Appropriations of the Senate and the House of Rep-
resentatives, unless sooner notified by the Committees 
that there is no objection to the proposed transfer: Pro-
vided further, That the transfer authority provided by this 
section is in addition to any other transfer authority con-
tained elsewhere in this Act.
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SEC. 8119. The amounts appropriated in title II of 
this Act are hereby reduced by $100,000,000 to reflect 
savings attributable to the offsetting of payments to con-
tractors for the collection, pursuant to law, of unpaid taxes 
owed to the United States, as follows: 
(1) From ‘‘Operation and Maintenance, Army’’, 
$22,000,000. 
(2) From ‘‘Operation and Maintenance, Navy’’, 
$26,000,000. 
(3) From ‘‘Operation and Maintenance, Marine 
Corps’’, $2,000,000. 
(4) From ‘‘Operation and Maintenance, Air 
Force’’, $50,000,000. 
SEC. 8120. The total amount appropriated in title IV 
is hereby reduced by $685,000,000 to decrease amounts 
budgeted in anticipation of the application of non-statu-
tory funding set asides: Provided, That this reduction shall 
be allocated proportionately to each budgeted program, 
program element, project, and activity: Provided further, 
That funds made available for programs of the National 
Foreign Intelligence Program (NFIP) are exempt from 
the application of this provision. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8121. TANKER
REPLACEMENT
TRANSFER 
FUND.—In addition to funds made available elsewhere in 
this Act, there is hereby appropriated $100,000,000, to
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remain available until transferred: Provided, That these 
funds are appropriated to the ‘‘Tanker Replacement 
Transfer Fund’’ (referred to as ‘‘the Fund’’ elsewhere in 
this section), which is hereby established in the Treasury: 
Provided further, That the Secretary of the Air Force may 
transfer amounts in the Fund to ‘‘Operation and Mainte-
nance, Air Force’’, ‘‘Aircraft Procurement, Air Force’’, 
and ‘‘Research, Development, Test and Evaluation, Air 
Force’’, only for the purposes of proceeding with a KC– 
767 tanker acquisition program: Provided further, That 
these funds may be made available to implement the provi-
sions of section 117 of the House-passed version of H.R. 
4200 (108th Congress), the National Defense Authoriza-
tion Act for Fiscal Year 2005: Provided further, That 
funds transferred shall be merged with and be available 
for the same purposes and for the same time period as 
the appropriation or fund to which transferred: Provided 
further, That this transfer authority is in addition to any 
other transfer authority available to the Department of 
Defense: Provided further, That the Secretary of the Air 
Force shall, not fewer than 15 days prior to making trans-
fers using funds provided in this section, notify the con-
gressional defense committees in writing of the details of 
any such transfer: Provided further, That the Secretary 
shall submit a report no later than 30 days after the end
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of each fiscal quarter to the congressional defense commit-
tees summarizing the details of the transfer of funds from 
this appropriation. 
SEC. 8122. None of the funds appropriated or other-
wise made available by this Act may be used to amend 
or cancel, or implement any amendment or cancellation 
of, Department of Defense Directive 1344.7, ‘‘Personal 
Commercial Solicitation on DoD Installations’’, until after 
the end of the one-year period beginning on the date on 
which the report containing the results of the investigation 
regarding insurance premium allotment processing, which 
is underway as of the date of the enactment of this Act, 
is submitted to the congressional defense committees (as 
defined in section 101(a)(16) of title 10, United States 
Code), the Committee on Government Reform of the 
House of Representatives, and the Committee on Govern-
mental Affairs of the Senate. 
TITLE IX—ADDITIONAL APPROPRIATIONS 
CHAPTER I 
DEPARTMENT OF DEFENSE—MILITARY 
MILITARY PERSONNEL 
MILITARY PERSONNEL, ARMY 
For an additional amount for ‘‘Military Personnel, 
Army’’, $2,552,200,000: Provided, That, if the enactment 
of this title occurs during fiscal year 2004, such amount
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is designated as an emergency requirement pursuant to 
section 402 of S. Con. Res. 95 (108th Congress), as made 
applicable to the House of Representatives by H. Res. 649 
(108th Congress): Provided further, That, if the enactment 
of this title occurs during fiscal year 2005, such amount 
is designated as making appropriations for overseas con-
tingency operations pursuant to section 403 of such S. 
Con. Res. 95. 
MILITARY PERSONNEL, NAVY 
For an additional amount for ‘‘Military Personnel, 
Navy’’, $232,200,000: Provided, That, if the enactment 
of this title occurs during fiscal year 2004, such amount 
is designated as an emergency requirement pursuant to 
section 402 of S. Con. Res. 95 (108th Congress), as made 
applicable to the House of Representatives by H. Res. 649 
(108th Congress): Provided further, That, if the enactment 
of this title occurs during fiscal year 2005, such amount 
is designated as making appropriations for overseas con-
tingency operations pursuant to section 403 of such S. 
Con. Res. 95. 
MILITARY PERSONNEL, MARINE CORPS 
For an additional amount for ‘‘Military Personnel, 
Marine Corps’’, $273,200,000: Provided, That, if the en-
actment of this title occurs during fiscal year 2004, such 
amount is designated as an emergency requirement pursu-
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ant to section 402 of S. Con. Res. 95 (108th Congress), 
as made applicable to the House of Representatives by H. 
Res. 649 (108th Congress): Provided further, That, if the 
enactment of this title occurs during fiscal year 2005, such 
amount is designated as making appropriations for over-
seas contingency operations pursuant to section 403 of 
such S. Con. Res. 95. 
MILITARY PERSONNEL, AIR FORCE 
For an additional amount for ‘‘Military Personnel, 
Air Force’’, $874,400,000: Provided, That, if the enact-
ment of this title occurs during fiscal year 2004, such 
amount is designated as an emergency requirement pursu-
ant to section 402 of S. Con. Res. 95 (108th Congress), 
as made applicable to the House of Representatives by H. 
Res. 649 (108th Congress): Provided further, That, if the 
enactment of this title occurs during fiscal year 2005, such 
amount is designated as making appropriations for over-
seas contingency operations pursuant to section 403 of 
such S. Con. Res. 95. 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
For an additional amount for ‘‘Operation and Main-
tenance, Army’’, $11,698,400,000: Provided, That, if the 
enactment of this title occurs during fiscal year 2004, such 
amount is designated as an emergency requirement pursu-
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ant to section 402 of S. Con. Res. 95 (108th Congress), 
as made applicable to the House of Representatives by H. 
Res. 649 (108th Congress): Provided, further That, if the 
enactment of this title occurs during fiscal year 2005, such 
amount is designated as making appropriations for over-
seas contingency operations pursuant to section 403 of 
such S. Con. Res. 95. 
OPERATION AND MAINTENANCE, NAVY 
For an additional amount for ‘‘Operation and Main-
tenance, Navy’’, $303,000,000: Provided, That, if the en-
actment of this title occurs during fiscal year 2004, such 
amount is designated as an emergency requirement pursu-
ant to section 402 of S. Con. Res. 95 (108th Congress), 
as made applicable to the House of Representatives by H. 
Res. 649 (108th Congress): Provided further, That, if the 
enactment of this title occurs during fiscal year 2005, such 
amount is designated as making appropriations for over-
seas contingency operations pursuant to section 403 of 
such S. Con. Res. 95. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For an additional amount for ‘‘Operation and Main-
tenance, Marine Corps’’, $1,295,000,000: Provided, That, 
if the enactment of this title occurs during fiscal year 
2004, such amount is designated as an emergency require-
ment pursuant to section 402 of S. Con. Res. 95 (108th
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Congress), as made applicable to the House of Representa-
tives by H. Res. 649 (108th Congress): Provided further, 
That, if the enactment of this title occurs during fiscal 
year 2005, such amount is designated as making appro-
priations for overseas contingency operations pursuant to 
section 403 of such S. Con. Res. 95. 
OPERATION AND MAINTENANCE, AIR FORCE 
For an additional amount for ‘‘Operation and Main-
tenance, Air Force’’, $744,000,000: Provided, That, if the 
enactment of this title occurs during fiscal year 2004, such 
amount is designated as an emergency requirement pursu-
ant to section 402 of S. Con. Res. 95 (108th Congress), 
as made applicable to the House of Representatives by H. 
Res. 649 (108th Congress): Provided further, That, if the 
enactment of this title occurs during fiscal year 2005, such 
amount is designated as making appropriations for over-
seas contingency operations pursuant to section 403 of 
such S. Con. Res. 95. 
OPERATION AND MAINTENANCE, DEFENSE-WIDE 
For an additional amount for ‘‘Operation and Main-
tenance, Defense-Wide’’, $295,000,000: Provided, That, if 
the enactment of this title occurs during fiscal year 2004, 
such amount is designated as an emergency requirement 
pursuant to section 402 of S. Con. Res. 95 (108th Con-
gress), as made applicable to the House of Representatives
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by H. Res. 649 (108th Congress): Provided further, That, 
if the enactment of this title occurs during fiscal year 
2005, such amount is designated as making appropria-
tions for overseas contingency operations pursuant to sec-
tion 403 of such S. Con. Res. 95. 
IRAQ FREEDOM FUND 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Iraq Freedom Fund’’, 
$2,978,000,000, to remain available for transfer until 
September 30, 2006, for the purposes authorized under 
this heading in Public Law 108–11: Provided, That the 
Secretary of Defense may transfer the funds provided 
herein to appropriations for military personnel; operation 
and maintenance; Overseas Humanitarian, Disaster, and 
Civic Aid; procurement; research, development, test and 
evaluation; the Defense Health Program; and working 
capital funds: Provided further, That of the amounts pro-
vided under this heading, not less than $1,978,000,000 
shall be for classified programs, which shall be in addition 
to amounts provided for elsewhere in this title, and under 
this heading: Provided further, That funds transferred 
shall be merged with and be available for the same pur-
poses and for the same time period as the appropriation 
or fund to which transferred: Provided further, That this 
transfer authority is in addition to any other transfer au-
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thority available to the Department of Defense: Provided 
further, That upon a determination that all or part of the 
funds transferred from this appropriation are not nec-
essary for the purposes provided herein, such amounts 
may be transferred back to this appropriation: Provided 
further, That the Secretary of Defense shall, not fewer 
than 5 days prior to making transfers from this appropria-
tion, notify the congressional defense committees in writ-
ing of the details of any such transfer: Provided further, 
That the Secretary shall submit a report no later than 
30 days after the end of each fiscal quarter to the congres-
sional defense committees summarizing the details of the 
transfer of funds from this appropriation: Provided fur-
ther, That, if the enactment of this title occurs during fis-
cal year 2004, such amount is designated as an emergency 
requirement pursuant to section 402 of S. Con. Res. 95 
(108th Congress), as made applicable to the House of 
Representatives by H. Res. 649 (108th Congress): Pro-
vided further, That, if the enactment of this title occurs 
during fiscal year 2005, such amount is designated as 
making appropriations for overseas contingency operations 
pursuant to section 403 of such S. Con. Res. 95.
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PROCUREMENT 
MISSILE PROCUREMENT, ARMY 
For an additional amount for ‘‘Missile Procurement, 
Army’’, $42,800,000, to remain available until September 
30, 2007: Provided, That, if the enactment of this title 
occurs during fiscal year 2004, such amount is designated 
as an emergency requirement pursuant to section 402 of 
S. Con. Res. 95 (108th Congress), as made applicable to 
the House of Representatives by H. Res. 649 (108th Con-
gress): Provided further That, if the enactment of this title 
occurs during fiscal year 2005, such amount is designated 
as making appropriations for overseas contingency oper-
ations pursuant to section 403 of such S. Con. Res. 95. 
PROCUREMENT OF WEAPONS AND TRACKED COMBAT 
VEHICLES, ARMY 
For an additional amount for ‘‘Procurement of Weap-
ons and Tracked Combat Vehicles, Army’’, $201,900,000, 
to remain available until September 30, 2007: Provided, 
That, if the enactment of this title occurs during fiscal 
year 2004, such amount is designated as an emergency 
requirement pursuant to section 402 of S. Con. Res. 95 
(108th Congress), as made applicable to the House of 
Representatives by H. Res. 649 (108th Congress): Pro-
vided further, That, if the enactment of this title occurs 
during fiscal year 2005, such amount is designated as
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making appropriations for overseas contingency operations 
pursuant to section 403 of such S. Con. Res. 95. 
PROCUREMENT OF AMMUNITION, ARMY 
For an additional amount for ‘‘Procurement of Am-
munition, Army’’, $330,000,000, to remain available until 
September 30, 2007: Provided, That, if the enactment of 
this title occurs during fiscal year 2004, such amount is 
designated as an emergency requirement pursuant to sec-
tion 402 of S. Con. Res. 95 (108th Congress), as made 
applicable to the House of Representatives by H. Res. 649 
(108th Congress): Provided further, That, if the enactment 
of this title occurs during fiscal year 2005, such amount 
is designated as making appropriations for overseas con-
tingency operations pursuant to section 403 of such S. 
Con. Res. 95. 
OTHER PROCUREMENT, ARMY 
For an additional amount for ‘‘Other Procurement, 
Army’’, $1,151,400,000, to remain available until Sep-
tember 30, 2007: Provided, That, if the enactment of this 
title occurs during fiscal year 2004, such amount is des-
ignated as an emergency requirement pursuant to section 
402 of S. Con. Res. 95 (108th Congress), as made applica-
ble to the House of Representatives by H. Res. 649 (108th 
Congress): Provided further, That, if the enactment of this 
title occurs during fiscal year 2005, such amount is des-
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ignated as making appropriations for overseas contingency 
operations pursuant to section 403 of such S. Con. Res. 
95. 
AIRCRAFT PROCUREMENT, NAVY 
For an additional amount for ‘‘Aircraft Procurement, 
Navy’’, $34,000,000, to remain available until September 
30, 2007: Provided, That, if the enactment of this title 
occurs during fiscal year 2004, such amount is designated 
as an emergency requirement pursuant to section 402 of 
S. Con. Res. 95 (108th Congress), as made applicable to 
the House of Representatives by H. Res. 649 (108th Con-
gress): Provided further, That, if the enactment of this 
title occurs during fiscal year 2005, such amount is des-
ignated as making appropriations for overseas contingency 
operations pursuant to section 403 of such S. Con. Res. 
95. 
PROCUREMENT OF AMMUNITION, NAVY AND MARINE 
CORPS 
For an additional amount for ‘‘Procurement of Am-
munition, Navy and Marine Corps’’, $112,800,000, to re-
main available until September 30, 2007: Provided, That, 
if the enactment of this title occurs during fiscal year 
2004, such amount is designated as an emergency require-
ment pursuant to section 402 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representa-
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tives by H. Res. 649 (108th Congress): Provided further, 
That, if the enactment of this title occurs during fiscal 
year 2005, such amount is designated as making appro-
priations for overseas contingency operations pursuant to 
section 403 of such S. Con. Res. 95. 
PROCUREMENT, MARINE CORPS 
For an additional amount for ‘‘Procurement, Marine 
Corps’’, $111,400,000, to remain available until Sep-
tember 30, 2007: Provided, That, if the enactment of this 
title occurs during fiscal year 2004, such amount is des-
ignated as an emergency requirement pursuant to section 
402 of S. Con. Res. 95 (108th Congress), as made applica-
ble to the House of Representatives by H. Res. 649 (108th 
Congress): Provided further, That, if the enactment of this 
title occurs during fiscal year 2005, such amount is des-
ignated as making appropriations for overseas contingency 
operations pursuant to section 403 of such S. Con. Res. 
95. 
OTHER PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Other Procurement, 
Air Force’’, $35,300,000, to remain available until Sep-
tember 30, 2007: Provided, That, if the enactment of this 
title occurs during fiscal year 2004, such amount is des-
ignated as an emergency requirement pursuant to section 
402 of S. Con. Res. 95 (108th Congress), as made applica-
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ant to section 402 of S. Con. Res. 95 (108th Congress), 
as made applicable to the House of Representatives by H. 
Res. 649 (108th Congress): Provided further, That, if the 
enactment of this title occurs during fiscal year 2005, such 
amount is designated as making appropriations for over-
seas contingency operations pursuant to section 403 of 
such S. Con. Res. 95. 
REVOLVING AND MANAGEMENT FUNDS 
DEFENSE WORKING CAPITAL FUNDS 
For an additional amount for ‘‘Defense Working 
Capital Funds’’, $1,250,000,000: Provided, That, if the 
enactment of this title occurs during fiscal year 2004, such 
amount is designated as an emergency requirement pursu-
ant to section 402 of S. Con. Res. 95 (108th Congress), 
as made applicable to the House of Representatives by H. 
Res. 649 (108th Congress): Provided further, That, if the 
enactment of this title occurs during fiscal year 2005, such 
amount is designated as making appropriations for over-
seas contingency operations pursuant to section 403 of 
such S. Con. Res. 95. 
OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DEFENSE HEALTH PROGRAM 
For an additional amount for ‘‘Defense Health Pro-
gram’’, $305,000,000 for Operation and maintenance: 
Provided, That, if the enactment of this title occurs during
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fiscal year 2004, such amount is designated as an emer-
gency requirement pursuant to section 402 of S. Con. Res. 
95 (108th Congress), as made applicable to the House of 
Representatives by H. Res. 649 (108th Congress): Pro-
vided further, That, if the enactment of this title occurs 
during fiscal year 2005, such amount is designated as 
making appropriations for overseas contingency operations 
pursuant to section 403 of such S. Con. Res. 95. 
CHAPTER 2 
DEPARTMENT OF STATE 
ADMINISTRATION OF FOREIGN AFFAIRS 
DIPLOMATIC AND CONSULAR PROGRAMS 
For an additional amount for ‘‘Diplomatic and Con-
sular Programs’’ for costs associated with United States 
Mission operations, technological support, logistical sup-
port, and necessary security costs in Iraq, $665,300,000, 
to remain available until expended: Provided, That, if the 
enactment of this title occurs during fiscal year 2004, such 
amount is designated as an emergency requirement pursu-
ant to section 402 of S. Con. Res. 95 (108th Congress), 
as made applicable to the House of Representatives by H. 
Res. 649 (108th Congress): Provided further, That, if the 
enactment of this title occurs during fiscal year 2005, such 
amount is designated as making appropriations for over-
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seas contingency operations pursuant to section 403 of 
such S. Con. Res. 95. 
EMBASSY SECURITY, CONSTRUCTION, AND 
MAINTENANCE 
For an additional amount for ‘‘Embassy Security, 
Construction, and Maintenance’’ for interim facilities for 
the United States Mission in Iraq, $20,000,000, to remain 
available until expended: Provided, That, if the enactment 
of this title occurs during fiscal year 2004, such amount 
is designated as an emergency requirement pursuant to 
section 402 of S. Con. Res. 95 (108th Congress), as made 
applicable to the House of Representatives by H. Res. 649 
(108th Congress): Provided further, That, if the enactment 
of this title occurs during fiscal year 2005, such amount 
is designated as making appropriations for overseas con-
tingency operations pursuant to section 403 of such S. 
Con. Res. 95. 
CHAPTER 3 
BILATERAL ECONOMIC ASSISTANCE 
FUNDS APPROPRIATED TO THE PRESIDENT 
UNITED STATES AGENCY FOR INTERNATIONAL 
DEVELOPMENT 
INTERNATIONAL DISASTER AND FAMINE ASSISTANCE 
For an additional amount for ‘‘International Disaster 
and Famine Assistance’’, $70,000,000, to remain available
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until September 30, 2005: Provided, That funds appro-
priated by this paragraph shall be available to respond to 
the humanitarian crisis in the Darfur region of Sudan and 
in Chad: Provided further, That such amount is designated 
as an emergency requirement pursuant to section 402 of 
S. Con. Res. 95 (108th Congress), as made applicable to 
the House of Representatives by H. Res. 649 (108th Con-
gress). 
DEPARTMENT OF STATE 
MIGRATION AND REFUGEE ASSISTANCE 
For an additional amount for ‘‘Migration and Ref-
ugee Assistance’’, $25,000,000, to remain available until 
September 30, 2005: Provided, That funds appropriated 
by this paragraph shall be available to respond to the hu-
manitarian crisis in the Darfur region of Sudan and in 
Chad: Provided further, That such amount is designated 
as an emergency requirement pursuant to section 402 of 
S. Con. Res. 95 (108th Congress), as made applicable to 
the House of Representatives by H. Res. 649 (108th Con-
gress). 
GENERAL PROVISIONS, TITLE IX 
SEC. 9001. Appropriations provided in this title are 
available for obligation until September 30, 2005, unless 
otherwise so provided in this title: Provided, That notwith-
standing any other provision of law or of this Act, funds
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in this title are available for obligation, and authorities 
in this title shall apply, upon enactment of this Act. 
SEC. 9002. Notwithstanding any other provision of 
law or of this Act, funds made available in this title are 
in addition to amounts provided elsewhere in this Act. 
(TRANSFER OF FUNDS) 
SEC. 9003. (a) Upon his determination that such ac-
tion is necessary in the national interest, the Secretary 
of Defense may transfer between appropriations up to 
$2,000,000,000 of the funds made available to the De-
partment of Defense in this title: Provided, That the Sec-
retary shall notify the Congress promptly of each transfer 
made pursuant to the authority in this section: Provided 
further, That the authority provided in this section is in 
addition to any other transfer authority available to the 
Department of Defense and is subject to the same terms 
and conditions as the authority provided in section 8005 
of this Act. 
(b) Section 8005 of the Department of Defense Ap-
propriations Act, 2004 (Public Law 108–87; 117 Stat. 
1071), is amended— 
(1) by striking ‘‘$2,100,000,000’’ and inserting 
in lieu thereof ‘‘$3,000,000,000’’; and 
(2) by striking all after the third proviso and 
inserting the following: ‘‘: Provided further, That 
transfers among military personnel appropriations
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shall not be taken into account for purposes of the 
limitation on the amount of funds that may be 
transferred under this section.’’. 
(c) Section 168(a) of division H of the Consolidated 
Appropriations Act, 2004 (Public Law 108–199; 118 Stat. 
456), is repealed upon enactment of this Act. 
(d)(1) If the enactment of this title occurs during fis-
cal year 2004, the amounts made available by the transfer 
of funds in or pursuant to this section are designated as 
emergency requirements pursuant to section 402 of S. 
Con. Res. 95 (108th Congress), as made applicable to the 
House of Representatives by H. Res. 649 (108th Con-
gress). 
(2) If the enactment of this title occurs during fiscal 
year 2005, such amounts are designated as making appro-
priations for overseas contingency operations pursuant to 
section 403 of such S. Con. Res. 95. 
SEC. 9004. Funds appropriated in this title, or made 
available by the transfer of funds in or pursuant to this 
title, for intelligence activities are deemed to be specifically 
authorized by the Congress for purposes of section 504 
of the National Security Act of 1947 (50 U.S.C. 414). 
SEC. 9005. None of the funds provided in this title 
may be used to finance programs or activities denied by 
Congress in fiscal year 2005 appropriations to the Depart-