Department of Defense Appropriations Act, 2005
PL 108-287 (H.R.4613), enacted 08/05/2004

118 STAT. 951
PUBLIC LAW 108–287—AUG. 5, 2004
Public Law 108–287
108th Congress
An Act
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 Representatives 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 functions administered by the
Department of Defense, and for other purposes, namely:
TITLE I
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Army on active duty, (except members
of reserve components provided for elsewhere), cadets, and aviation
cadets; and for payments pursuant to section 156 of Public Law
97–377, as amended (42 U.S.C. 402 note), and to the Department
of Defense Military Retirement Fund, $29,381,422,000.
MILITARY PERSONNEL, NAVY
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Navy on active duty (except members
of the Reserve provided 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 Department
of Defense Military Retirement Fund, $24,347,807,000.
MILITARY PERSONNEL, MARINE CORPS
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Marine Corps on active duty (except
Department
of Defense
Appropriations
Act, 2005.
Aug. 5, 2004
[H.R. 4613]
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118 STAT. 952
PUBLIC LAW 108–287—AUG. 5, 2004
members of the Reserve provided for elsewhere); and for payments
pursuant to section 156 of Public Law 97–377, as amended (42
U.S.C. 402 note), and to the Department of Defense Military Retire-
ment Fund, $9,581,102,000.
MILITARY PERSONNEL, AIR FORCE
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Air Force on active duty (except members
of reserve components provided for elsewhere), cadets, and aviation
cadets; and for payments pursuant to section 156 of Public Law
97–377, as amended (42 U.S.C. 402 note), and to the Department
of Defense Military Retirement Fund, $24,155,911,000.
RESERVE PERSONNEL, ARMY
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Army Reserve 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 authorized by section 16131
of title 10, United States Code; and for payments to the Department
of Defense Military Retirement Fund, $3,663,890,000.
RESERVE PERSONNEL, NAVY
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Navy 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 undergoing reserve
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 10, United States Code; and
for payments to the Department of Defense Military Retirement
Fund, $2,084,032,000.
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 equivalent
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, $623,073,000.
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118 STAT. 953
PUBLIC LAW 108–287—AUG. 5, 2004
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 per-
forming 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
Air Reserve Officers’ Training Corps, and expenses authorized by
section 16131 of title 10, United States Code; and for payments
to the Department of Defense Military Retirement Fund,
$1,451,950,000.
NATIONAL GUARD PERSONNEL, ARMY
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Army National Guard
while on duty under section 10211, 10302, or 12402 of title 10
or section 708 of title 32, United States 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 undergoing training, or while performing drills or equivalent
duty or other duty, and expenses authorized by section 16131 of
title 10, United States Code; and for payments to the Department
of Defense Military Retirement Fund, $5,901,729,000.
NATIONAL GUARD PERSONNEL, AIR FORCE
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Air National Guard on
duty under section 10211, 10305, or 12402 of title 10 or section
708 of title 32, United States 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, $2,540,242,000.
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 authorized by law;
and not to exceed $11,144,000 can be used for emergencies and
extraordinary expenses, to be expended 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,
$25,764,634,000: Provided, That of funds made available under
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118 STAT. 954
PUBLIC LAW 108–287—AUG. 5, 2004
this heading, $1,900,000 shall be available for Fort Baker, in accord-
ance 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 pay-
ments may be made on his certificate of necessity for confidential
military purposes, $29,687,245,000.
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, $3,629,901,000.
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 expended on the approval or authority
of the Secretary of the Air Force, and payments may be made
on his certificate of necessity for confidential military purposes,
$28,113,533,000: Provided, That notwithstanding any other provi-
sion of law, that of the funds available under this heading, $750,000
shall only be available to the Secretary of the Air Force for a
grant to Florida Memorial College for the purpose of funding
minority aviation training.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Depart-
ment of Defense (other than the military departments), as author-
ized by law, $17,449,619,000: Provided, That not more than
$25,000,000 may be used for the Combatant Commander Initiative
Fund authorized under section 166a of title 10, United States
Code, and of which not to exceed $32,000,000 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 further, That notwithstanding any other provi-
sion 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, Roaring 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, $2,550,000 shall be available
only for a Washington-based internship and immersion program
to allow U.S. Asian-American Pacific Islander undergraduate college
and 
university 
students 
from 
economically 
disadvantaged
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118 STAT. 955
PUBLIC LAW 108–287—AUG. 5, 2004
backgrounds to participate in academic and educational programs
in the Department of Defense and related Federal defense agencies:
Provided further, That notwithstanding any other provision of law,
the Office of Economic Adjustment of the Department of Defense
may make grants and supplement other Federal funds using funds
made available by this Act under this heading in accordance with
the guidance provided in the Joint Explanatory Statement of the
Committee of the Conference for the Conference Report to accom-
pany H.R. 4613 and these projects shall hereafter be considered
to be authorized by law: Provided further, That of the funds provided
under this heading that are available for commercial imagery pur-
chases, $500,000 shall be used by the National Geospatial-Intel-
ligence Agency to pay for imagery and high-resolution terrain data
collected in 2003 in support of the California wildfires: Provided
further, That of the funds provided under this heading not less
than $27,000,000 shall be made available for the Procurement
Technical Assistance Cooperative Agreement Program, of which
not less than $3,600,000 shall be available for centers defined
in 10 U.S.C. 2411(1)(D): Provided further, That none of the funds
appropriated or otherwise made available by this Act may be used
to plan or implement the consolidation of a budget or appropriations
liaison office of the Office of the Secretary of Defense, the office
of the Secretary of a military department, or the service head-
quarters of one of the Armed Forces into a legislative affairs or
legislative liaison office: Provided further, That $4,000,000, to
remain available until expended, is available only for expenses
relating to certain classified activities, and may be transferred
as necessary by the Secretary to operation and maintenance appro-
priations or research, development, test and evaluation appropria-
tions, to be merged with and to be available for the same time
period as the appropriations to which transferred: Provided 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 transfer authority provided under this heading
is in addition 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, organization, and
administration, of the Army Reserve; repair of facilities and equip-
ment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $1,991,128,000.
OPERATION AND MAINTENANCE, NAVY RESERVE
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and equip-
ment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $1,237,638,000.
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118 STAT. 956
PUBLIC LAW 108–287—AUG. 5, 2004
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of services,
supplies, and equipment; 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, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transpor-
tation; care of the dead; recruiting; procurement of services, sup-
plies, and equipment; and communications, $2,242,590,000.
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD
For expenses of training, organizing, and administering the
Army National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance, oper-
ation, and repairs to structures and facilities; hire of passenger
motor vehicles; personnel services in the National Guard Bureau;
travel expenses (other than mileage), as authorized by law for
Army personnel on active duty, for Army National Guard division,
regimental, and battalion commanders while inspecting units in
compliance with National Guard Bureau regulations when specifi-
cally authorized by the Chief, National Guard Bureau; supplying
and equipping the Army National Guard as authorized by law;
and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $4,442,386,000.
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
For expenses of training, organizing, and administering the
Air National Guard, including medical and hospital treatment and
related expenses in non-Federal hospitals; maintenance, operation,
and repairs to structures and facilities; transportation of things,
hire of passenger motor vehicles; supplying and equipping the Air
National Guard, as authorized by law; expenses for repair, modifica-
tion, 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 per-
sonnel 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, $4,472,738,000.
OVERSEAS CONTINGENCY OPERATIONS TRANSFER ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For expenses directly relating to Overseas Contingency Oper-
ations by United States military forces, $10,000,000, to remain
available until expended: Provided, That the Secretary of Defense
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118 STAT. 957
PUBLIC LAW 108–287—AUG. 5, 2004
may transfer these funds only to military personnel accounts; oper-
ation and maintenance accounts within this title; the Defense
Health Program appropriation; procurement accounts; research,
development, 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 appropriation 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: 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 Secretary of the
Army shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous
waste, removal of unsafe buildings and debris of the Department
of the Army, or for similar purposes, transfer the funds made
available by this appropriation to other appropriations made avail-
able 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 avail-
able until transferred: Provided, That the Secretary of the Navy
shall, upon determining that such funds are required for environ-
mental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of the
Navy, or for similar purposes, transfer the funds made available
by this 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 time period as the appro-
priations to which transferred: Provided further, That upon a deter-
mination that all or part of the funds transferred from this appro-
priation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation.
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118 STAT. 958
PUBLIC LAW 108–287—AUG. 5, 2004
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, reduction and recycling of hazardous
waste, removal of unsafe 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 avail-
able to the Department of the Air Force, to be merged with and
to be available for the same purposes and for the same time period
as the appropriations to which transferred: Provided further, That
upon a determination that all or part of the funds transferred
from this appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this appropriation.
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For the Department of Defense, $23,684,000, to remain avail-
able until transferred: Provided, That the Secretary of Defense
shall, upon determining that such funds are required for environ-
mental 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 appropriation to other appropriations made available to
the Department of Defense, to be merged with and to be available
for the same purposes and for the same time period as the appro-
priations to which transferred: Provided further, That upon a deter-
mination that all or part of the funds transferred from this appro-
priation are not necessary 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, $266,516,000, to remain
available until transferred: Provided, That the Secretary of the
Army shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous
waste, removal of unsafe buildings and debris at sites formerly
used by the Department of Defense, transfer the funds made avail-
able 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.
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 sections 401, 402, 404, 2557, and
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118 STAT. 959
PUBLIC LAW 108–287—AUG. 5, 2004
2561 of title 10, United States Code), $59,000,000, to remain avail-
able until September 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 facili-
tating 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 compo-
nents, and weapon-related technology and expertise; for programs
relating to the training and support of defense and military per-
sonnel for demilitarization and protection of weapons, weapons
components and weapons technology and expertise, and for defense
and military contacts, $409,200,000, to remain available until Sep-
tember 30, 2007: Provided, That of the amounts provided under
this heading, $15,000,000 shall be available only to support the
dismantling and disposal of nuclear submarines, submarine reactor
components, and security enhancements for transport and storage
of nuclear warheads in the Russian Far East.
TITLE III
PROCUREMENT
AIRCRAFT PROCUREMENT, ARMY
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; special-
ized 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
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $2,854,541,000, to
remain available for obligation until September 30, 2007.
MISSILE PROCUREMENT, ARMY
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; special-
ized 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
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $1,307,000,000, to
remain available for obligation until September 30, 2007.
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118 STAT. 960
PUBLIC LAW 108–287—AUG. 5, 2004
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES,
ARMY
For construction, procurement, production, and modification
of weapons and tracked combat vehicles, equipment, including ord-
nance, 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, 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, $2,467,495,000, to
remain available for obligation until September 30, 2007.
PROCUREMENT OF AMMUNITION, ARMY
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and 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 contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $1,590,952,000, to
remain available for obligation until September 30, 2007.
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; and the purchase of 1 vehicle required for physical security
of personnel, notwithstanding price limitations applicable to pas-
senger vehicles but not to exceed $200,000 per vehicle; communica-
tions 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
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $4,955,296,000, to
remain available for obligation until September 30, 2007.
AIRCRAFT PROCUREMENT, NAVY
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare
parts, and accessories therefor; specialized equipment; expansion
of public and private plants, including the land necessary therefor,
and such lands and interests therein, may be acquired, and
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118 STAT. 961
PUBLIC LAW 108–287—AUG. 5, 2004
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 
contractor-owned 
equipment 
layaway,
$8,912,042,000, to remain available for obligation until September
30, 2007.
WEAPONS PROCUREMENT, NAVY
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, 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 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 
contractor-owned 
equipment 
layaway,
$2,114,720,000, to remain available for obligation until September
30, 2007.
PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and 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 contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $888,340,000, to
remain available for obligation until September 30, 2007.
SHIPBUILDING AND CONVERSION, NAVY
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and
armament thereof, plant equipment, appliances, and machine tools
and installation thereof in public and private plants; reserve plant
and 
Government 
and 
contractor-owned 
equipment 
layaway;
procurement of critical, 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 therefor,
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 Refuelings (AP), $333,061,000;
SSN Submarine Refuelings (AP), $19,368,000;
SSBN Submarine Refuelings, $262,229,000;
SSBN Submarine Refuelings (AP), $63,971,000;
DDG–51 Destroyer, $3,444,950,000;
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DD(X) (AP), $305,516,000;
DDG–51 Destroyer Modernization, $50,000,000;
LPD–17, $966,559,000;
LHD–8, $236,018,000;
LHA–R (AP), $150,000,000;
LCU (X), $25,048,000;
LCAC Landing Craft Air Cushion, $90,490,000;
Prior year shipbuilding costs, $484,390,000;
Service Craft, $36,899,000;
Power Unit Assembly Facility, $11,300,000; and
For outfitting, post delivery, conversions, and first destina-
tion transportation, $351,327,000.
In all: $10,427,443,000, to remain available for obligation until
September 30, 2009: Provided, That additional 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 construc-
tion or conversion of any naval vessel to be constructed in shipyards
in the United States shall be expended in foreign facilities for
the construction of major components of such vessel: Provided fur-
ther, That none of the funds provided under this heading shall
be used for the construction of any naval vessel in foreign shipyards.
OTHER PROCUREMENT, NAVY
For procurement, production, and modernization of support
equipment and materials not otherwise provided for, Navy ordnance
(except ordnance for new aircraft, new ships, and ships authorized
for conversion); the purchase of passenger motor vehicles for
replacement only, and the purchase of 9 vehicles required for phys-
ical security of personnel, notwithstanding price limitations
applicable to passenger vehicles but not to exceed $200,000 per
vehicle; expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval
of title; and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant and
Government 
and 
contractor-owned 
equipment 
layaway,
$4,875,786,000, to remain available for obligation until September
30, 2007: Provided, That funds available in this appropriation may
be used for TRIDENT modifications associated with force protection
and security requirements.
PROCUREMENT, MARINE CORPS
For expenses necessary for the procurement, manufacture, 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; vehicles for the Marine Corps, including the purchase
of passenger motor vehicles for replacement only; and expansion
of public and private plants, including land necessary therefor,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title,
$1,432,203,000, to remain available for obligation until September
30, 2007.
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AIRCRAFT PROCUREMENT, AIR FORCE
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground han-
dling equipment, and training devices, spare parts, and accessories
therefor; specialized equipment; expansion of public and private
plants, Government-owned equipment and installation thereof in
such plants, erection of structures, and acquisition of land, for
the foregoing purposes, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to approval
of title; reserve plant and Government and contractor-owned equip-
ment layaway; and other expenses necessary for the foregoing pur-
poses including rents and transportation of things, $13,648,304,000,
to remain available for obligation until September 30, 2007: Pro-
vided, That amounts provided under this heading shall be used
for the procurement of 15 C–17 aircraft: Provided further, That
amounts provided under this heading shall be used for the advance
procurement of not less than 15 C–17 aircraft: Provided further,
That the Secretary of the Air Force shall fully fund the procurement
of not less than 15 C–17 aircraft in fiscal year 2006: Provided
further, That the Secretary of the Air Force shall allocate a reduc-
tion of $158,600,000 proportionately to each budget activity, activity
group, subactivity group, and each program, project, and activity
funded by this appropriation.
MISSILE PROCUREMENT, AIR FORCE
For construction, procurement, and modification of missiles,
spacecraft, rockets, and related equipment, including spare parts
and accessories therefor, ground handling equipment, and training
devices; expansion of public and private plants, Government-owned
equipment and installation thereof in such plants, erection of struc-
tures, 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, $4,458,113,000, 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; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and 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 contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $1,327,459,000, to
remain available for obligation until September 30, 2007.
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PUBLIC LAW 108–287—AUG. 5, 2004
OTHER PROCUREMENT, AIR FORCE
For procurement and modification of equipment (including
ground guidance and electronic control equipment, and ground elec-
tronic and communication equipment), and supplies, materials, and
spare parts therefor, not otherwise provided for; the purchase of
passenger motor vehicles for replacement only, and the purchase
of 1 vehicle required for physical security of personnel, notwith-
standing price limitations applicable to passenger vehicles but not
to exceed $200,000 per vehicle; lease of passenger motor vehicles;
and expansion of public and private plants, Government-owned
equipment and installation thereof in such plants, erection of struc-
tures, 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,
$13,071,297,000, to remain available for obligation until September
30, 2007.
PROCUREMENT, DEFENSE-WIDE
For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment, supplies,
materials, and spare parts therefor, not otherwise provided for;
the purchase of passenger motor vehicles for replacement only;
expansion of public and 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 Government and contractor-
owned equipment layaway, $2,956,047,000, to remain available for
obligation until September 30, 2007.
NATIONAL GUARD AND RESERVE EQUIPMENT
For procurement of aircraft, missiles, tracked combat vehicles,
ammunition, other weapons, and other procurement for the reserve
components of the Armed Forces, $350,000,000, to remain available
for obligation until September 30, 2007: Provided, That the Chiefs
of the Reserve and National Guard components shall, not later
than 30 days after the enactment of this Act, individually submit
to the congressional defense committees the modernization priority
assessment for their respective Reserve or National Guard compo-
nent.
DEFENSE PRODUCTION ACT PURCHASES
For activities by the Department of Defense pursuant to sec-
tions 108, 301, 302, and 303 of the Defense Production Act of
1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), $42,765,000,
to remain available until expended.
Deadline.
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PUBLIC LAW 108–287—AUG. 5, 2004
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY
For expenses necessary for basic and applied scientific research,
development, 
test 
and 
evaluation, 
including 
maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$10,698,989,000, to remain available for obligation until September
30, 2006: Provided, That of the amounts provided under this
heading, $11,500,000 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 scientific research,
development, 
test 
and 
evaluation, 
including 
maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$17,043,812,000, to remain available for obligation until September
30, 2006: Provided, That funds appropriated in this paragraph
which are available for the V–22 may be used to meet unique
operational requirements of the Special Operations Forces: Provided
further, That funds appropriated in this paragraph shall be avail-
able for the Cobra Judy program.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE
For expenses necessary for basic and applied scientific research,
development, 
test 
and 
evaluation, 
including 
maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$20,890,922,000, to remain available for obligation until September
30, 2006.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE
For expenses of activities and agencies of the Department of
Defense (other than the military departments), necessary for basic
and applied scientific research, development, 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,
$20,983,624,000, 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 Evalua-
tion, in the direction and supervision of operational test and evalua-
tion, including initial operational test and evaluation which is con-
ducted prior to, and in support of, production decisions; joint oper-
ational testing and evaluation; and administrative expenses in
connection therewith, $314,835,000, to remain available for obliga-
tion until September 30, 2006.
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PUBLIC LAW 108–287—AUG. 5, 2004
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, $1,204,626,000, 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 ship-
board services; propulsion system components (that is; engines,
reduction gears, and 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 procurement may waive the restric-
tions in the first proviso on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of Rep-
resentatives 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.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense, as authorized by
law, $18,171,436,000, of which $17,297,419,000 shall be for Oper-
ation and maintenance, of which not to exceed 2 percent shall
remain available until September 30, 2006, and of which up to
$8,953,494,000 may be available for contracts entered into under
the TRICARE program; of which $367,035,000, to remain available
for obligation until September 30, 2007, shall be for Procurement;
and of which $506,982,000, to 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 Oper-
ation and maintenance, $9,500,000 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
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PUBLIC LAW 108–287—AUG. 5, 2004
provision of law, of the amount made available under this heading
for Research, development, test and evaluation, not less than
$7,500,000 shall be available for HIV prevention educational activi-
ties undertaken in connection with U.S. military training, exercises,
and humanitarian assistance activities conducted primarily in Afri-
can nations: Provided further, That Title VI of the Department
of Defense 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 under-
taken in connection with U.S. military training, exercises, and
humanitarian assistance activities conducted primarily in African
nations’’.
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 provisions of section 1412
of the Department of Defense Authorization Act, 1986 (50 U.S.C.
1521), and for the destruction of other chemical warfare materials
that are not in the chemical weapon stockpile, $1,372,990,000,
of which $1,088,801,000 shall be for Operation and maintenance;
$78,980,000 shall be for Procurement to remain available until
September 30, 2007; $205,209,000 shall be for Research, develop-
ment, test and evaluation to remain available until September
30, 2006; and no less than $137,404,000 may be for the Chemical
Stockpile Emergency Preparedness Program, of which $44,631,000
shall be for activities on military installations and $92,773,000
shall be to assist State and local governments.
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE
(INCLUDING TRANSFER OF FUNDS)
For drug interdiction and counter-drug activities of the Depart-
ment of Defense, for transfer to appropriations available to the
Department of Defense for military personnel of the reserve compo-
nents serving under the provisions of title 10 and title 32, United
States Code; for Operation and maintenance; for Procurement; and
for Research, development, test and evaluation, $906,522,000: Pro-
vided, That the funds appropriated under this heading shall be
available for obligation for the same time period and for the same
purpose as the appropriation to which transferred: Provided further,
That upon a determination that all or part of the funds transferred
from this appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority contained
elsewhere in this Act.
OFFICE OF THE INSPECTOR GENERAL
For expenses and activities of the Office of the Inspector Gen-
eral in carrying out the provisions of the Inspector General Act
of 1978, as amended, $204,562,000, of which $202,362,000 shall
be for Operation and maintenance, of which not to exceed $700,000
is available for emergencies and extraordinary expenses to be
117 Stat. 1069.
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118 STAT. 968
PUBLIC LAW 108–287—AUG. 5, 2004
expended on the approval or authority of the Inspector General,
and payments may be made on the Inspector General’s certificate
of necessity for confidential military purposes; and of which
$2,100,000, to remain available until September 30, 2007, shall
be for Procurement; and of which $100,000, to remain available
until September 30, 2006, shall be for Research, development, test
and evaluation.
TITLE VII
RELATED AGENCIES
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
SYSTEM FUND
For payment to the Central Intelligence Agency Retirement
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 Community Manage-
ment Account, $310,466,000, 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, $39,422,000 shall be transferred to the Department
of Justice for the National Drug Intelligence Center to support
the Department of Defense’s counter-drug intelligence responsibil-
ities, and of the said amount, $1,500,000 for Procurement shall
remain available until September 30, 2007 and $1,000,000 for
Research, development, 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 enforcement authorities
and the intelligence community by conducting document and com-
puter exploitation of materials collected in Federal, State, and local
law enforcement activity associated with counter-drug, counter-ter-
rorism, 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 expended.
TITLE VIII
GENERAL PROVISIONS
SEC. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not author-
ized by the Congress.
SEC. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment of,
any person not a citizen of the United States shall not apply
10 USC 1584
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118 STAT. 969
PUBLIC LAW 108–287—AUG. 5, 2004
to personnel of the Department of Defense: Provided, That salary
increases granted to direct and indirect hire foreign national
employees of the Department of Defense funded by this Act shall
not be at a rate in excess of the percentage increase authorized
by law for civilian employees of the Department of Defense whose
pay is computed under the provisions of section 5332 of title 5,
United States Code, or at a rate in excess of the percentage increase
provided by the appropriate host nation to its own employees,
whichever is higher: Provided further, That this section shall not
apply to Department of Defense foreign service national employees
serving at United States diplomatic missions whose pay is set
by the Department of State under the Foreign Service Act of 1980:
Provided 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 appropriations
in this Act which are limited for obligation during the current
fiscal year shall be obligated during the last 2 months of the
fiscal year: Provided, That this section shall not apply to obligations
for support of active duty training of reserve components or summer
camp training of the Reserve Officers’ Training Corps.
(TRANSFER OF FUNDS)
SEC. 8005. Upon determination by the Secretary of Defense
that such action is necessary in the national interest, he may,
with the approval of the Office of Management and Budget, transfer
not to exceed $3,500,000,000 of working capital funds of the Depart-
ment of Defense or funds made available in this Act to the Depart-
ment of Defense for military functions (except military construction)
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 requirements, than those for which originally appropriated
and in no case where the item for which funds are requested
has been denied by the Congress: Provided further, That the Sec-
retary of Defense shall notify the Congress promptly of all transfers
made pursuant to this authority or any other authority in this
Act: Provided further, That no part of the funds in this Act shall
be available to prepare or present a request to the Committees
on Appropriations for reprogramming of funds, unless for higher
priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no 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 authority provided in this section
must be made prior to June 30, 2005: Provided further, That trans-
fers 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.
Deadline.
Notification.
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(TRANSFER OF FUNDS)
SEC. 8006. During the current fiscal year, cash balances in
working capital funds of the Department of Defense established
pursuant to section 2208 of title 10, United States Code, may
be maintained in only such amounts as are necessary at any time
for cash disbursements to be made from such funds: Provided,
That transfers may be made 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’’ appropriation accounts in such
amounts as may be determined by the Secretary of Defense, with
the approval of the Office of Management and Budget, except that
such transfers may not be made unless the Secretary of Defense
has notified the Congress of the proposed transfer. Except in
amounts equal to the amounts appropriated to working capital
funds in this Act, no obligations may be made against a working
capital fund to procure or increase the value of war reserve material
inventory, unless the Secretary of Defense has notified the Congress
prior to any such obligation.
SEC. 8007. Funds appropriated by this Act may not be used
to initiate a special access program without prior notification 30
calendar days in session in advance to the congressional defense
committees.
SEC. 8008. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that 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, unless
the congressional defense committees have been notified at least
30 days in advance of the proposed contract award: Provided, That
no part of any appropriation contained in this Act shall be available
to initiate a multiyear contract for which the economic order
quantity advance procurement is not funded at least to the limits
of the Government’s liability: Provided further, That no part of
any appropriation contained in this Act shall be available to initiate
multiyear procurement contracts for any systems or component
thereof if the value of the multiyear contract would exceed
$500,000,000 unless specifically provided in this Act: Provided fur-
ther, That no multiyear procurement contract can be terminated
without 10-day prior notification to the congressional defense
committees: Provided further, That the execution of multiyear
authority shall require the use of a present value analysis to deter-
mine 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 production of unfunded units to be delivered
under the contract;
Contracts.
Notifications.
10 USC 2306b
note.
Notification.
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(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
(4) the contract does not provide for a price adjustment
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 operation
and maintenance of the Armed Forces, funds are hereby appro-
priated 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
chapter 20 of title 10, United States Code, and these obligations
shall be reported as required by section 401(d) of title 10, United
States Code: Provided, That funds available for operation and
maintenance shall be available for providing humanitarian and
similar assistance by using Civic Action Teams in the Trust Terri-
tories of the Pacific Islands and freely associated states of Micro-
nesia, pursuant to the Compact of Free Association as authorized
by Public Law 99–239: Provided further, That upon a determination
by the Secretary of the Army that such action is beneficial for
graduate medical education programs conducted at Army medical
facilities located in Hawaii, the Secretary of the Army may authorize
the provision of medical services at such facilities and transpor-
tation to such facilities, on a nonreimbursable basis, for civilian
patients from American Samoa, the Commonwealth of the Northern
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 managed on the basis
of any end-strength, and the management of such personnel during
that fiscal year shall not be subject to any constraint or limitation
(known as an end-strength) 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 Department
of Defense as well as all justification material and other documenta-
tion 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 overseas
without 30-day advance notification to the Committees on Appro-
priations.
SEC. 8012. None of the funds made available by this Act shall
be used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before
the Congress.
SEC. 8013. None of the funds appropriated by this Act shall
be available for the basic pay and allowances of any member of
the Army participating as a full-time student and receiving benefits
paid by the Secretary of Veterans Affairs from the Department
Lobbying.
Notification.
Reports.
10 USC 401 note.
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of Defense Education Benefits Fund when time spent as a full-
time student is credited toward completion of a service commitment:
Provided, That this subsection shall not apply to those members
who have reenlisted with this option prior to October 1, 1987:
Provided further, That this subsection applies only to active compo-
nents of the Army.
SEC. 8014. (a) LIMITATION
ON CONVERSION
TO CONTRACTOR
PERFORMANCE.—None of the funds appropriated by this Act shall
be available to convert to contractor performance an activity or
function of the Department of Defense that, on or after the date
of the enactment of this Act, is performed by more than 10 Depart-
ment of Defense civilian employees unless—
(1) the conversion is based on the result of a public-private
competition that includes a most efficient and cost effective
organization plan developed by such activity or function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers for
performance of the activity or function, the cost of performance
of the activity or function by a contractor would be less costly
to the Department of Defense by an amount that equals or
exceeds the lesser of—
(A) 10 percent of the most efficient organization’s per-
sonnel-related costs for performance of that activity or func-
tion by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of Defense
by—
(A) not making an employer-sponsored health insur-
ance 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 employer to con-
tribute less towards the premium 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) The Department of Defense, without regard to sub-
section (a) of this section or subsections (a), (b), or (c) of section
2461 of title 10, United States Code, and notwithstanding any
administrative regulation, requirement, or policy to the con-
trary shall have full authority to enter into a contract for
the performance of any commercial or industrial type function
of the Department of Defense that—
(A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O’Day Act (41
U.S.C. 47);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped individuals
in accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by an
Indian tribe, as defined in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
Applicability.
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118 STAT. 973
PUBLIC LAW 108–287—AUG. 5, 2004
450b(e)), or a Native Hawaiian Organization, 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 contracts or con-
tracts for depot maintenance as provided in sections 2469 and
2474 of title 10, United States Code.
(c) TREATMENT OF CONVERSION.—The conversion of any activity
or function of the Department of Defense under the authority pro-
vided by this section shall be credited toward any competitive
or outsourcing goal, target, or measurement that may be established
by statute, regulation, or policy and is deemed to be awarded
under the authority of, and in compliance with, subsection (h)
of section 2304 of title 10, United States Code, for the competition
or outsourcing of commercial activities.
(TRANSFER OF FUNDS)
SEC. 8015. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be trans-
ferred to any other appropriation contained in this Act solely for
the purpose of implementing a Mentor-Protege Program develop-
mental assistance agreement pursuant to section 831 of the
National Defense Authorization Act for Fiscal Year 1991 (Public
Law 101–510; 10 U.S.C. 2302 note), as amended, under the
authority of this provision or any other transfer authority contained
in this Act.
SEC. 8016. None of the funds in this Act may be 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 substantially manufactured in the United States: Provided,
That for the purpose of this section manufactured will include
cutting, heat treating, quality control, testing of chain and welding
(including the forging and shot blasting process): Provided further,
That for the purpose of this section substantially all of the compo-
nents of anchor and mooring chain shall be considered to be pro-
duced or manufactured in the United States if the aggregate cost
of the components produced or manufactured in the United States
exceeds the aggregate cost of the components produced or manufac-
tured outside the United States: Provided further, That when ade-
quate domestic supplies are not available to meet Department of
Defense requirements on a timely basis, the Secretary of the service
responsible for the procurement may waive this restriction on a
case-by-case basis by certifying in writing to the Committees on
Appropriations 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 received when a patient is referred to a
provider of inpatient mental health care or residential treatment
care by a medical or health care professional having an economic
interest in the facility to which the patient is referred: Provided,
That this limitation does not apply in the case of inpatient mental
health services provided under the program for persons with disabil-
ities under subsection (d) of section 1079 of title 10, United States
Regulations.
Certification.
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118 STAT. 974
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Code, provided as partial hospital care, or provided pursuant to
a waiver authorized by the Secretary of Defense because of medical
or psychological circumstances of the patient that are confirmed
by a health professional who is not a Federal employee after a
review, pursuant to rules prescribed by the Secretary, which takes
into account the appropriate level of care for the patient, the inten-
sity 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 Secretary of Defense
may, by executive agreement, establish with host nation govern-
ments in NATO member states a separate account into which
such residual value amounts negotiated in the return of United
States military installations in NATO member states may be depos-
ited, 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 monetary transfers to such host nations: Provided
further, That the Department of Defense’s budget submission for
subsequent 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 approved 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 commit-
tees, 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 and endorsement of any
such agreement established under this provision.
SEC. 8019. None of the funds available to the Department
of Defense may be used to demilitarize or dispose of M–1 Carbines,
M–1 Garand rifles, M–14 rifles, .22 caliber rifles, .30 caliber rifles,
or M–1911 pistols.
SEC. 8020. No more than $500,000 of the funds appropriated
or made available in this Act shall be used during a single fiscal
year for any single relocation of an organization, unit, activity
or function of the Department of Defense into or within the National
Capital Region: Provided, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying in writing
to the congressional defense committees that such a relocation
is required in the best interest of the Government.
SEC. 8021. In addition to the funds provided elsewhere in
this Act, $8,000,000 is appropriated only for incentive payments
authorized by section 504 of the Indian Financing Act of 1974
(25 U.S.C. 1544): Provided, That a prime contractor or a subcon-
tractor at any tier that makes a subcontract award to any subcon-
tractor or supplier as defined in 25 U.S.C. 1544 or a small business
owned and controlled by an individual or individuals defined under
25 U.S.C. 4221(9) shall be considered a contractor for the purposes
of being allowed additional compensation under section 504 of the
Indian Financing Act of 1974 (25 U.S.C. 1544) whenever the prime
contract or subcontract amount is over $500,000 and involves the
expenditure of funds appropriated by an Act making Appropriations
Certification.
Reports.
Deadline.
10 USC 2687
note.
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PUBLIC LAW 108–287—AUG. 5, 2004
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 Department of Defense acquisition of
supplies or services, including 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): Pro-
vided further, That businesses certified as 8(a) by the Small Busi-
ness Administration pursuant to section 8(a)(15) of Public Law
85–536, as amended, shall have the same status as other program
participants under section 602 of Public Law 100–656, 102 Stat.
3825 (Business Opportunity 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 of such study with respect
to a single function activity or 30 months after initiation of such
study for a multi-function 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 activities.
SEC. 8024. Notwithstanding any other provision of law or regu-
lation, the Secretary of Defense may adjust wage rates for civilian
employees hired for certain health care occupations as authorized
for the Secretary of Veterans Affairs by section 7455 of title 38,
United States Code.
SEC. 8025. (a) Of the amount appropriated by title II under
the heading ‘‘OPERATION AND MAINTENANCE, AIR FORCE’’, up to
$2,500,000 may be used for the acquisition of Native Allotment
F–14589 by the Secretary of the Air Force in accordance with
this section (including for the appraisal under this section), and
for fully compensating the owners of such allotment for the damages
caused to such owners by Air Force occupancy of property com-
prising that allotment.
(b) The acquisition under this section may be made only with
the consent of the owners of Native Allotment F–14589 and only
for the appraised fair marked value of that allotment, as determined
by the appraiser under subsection (c).
(c) Not later than 60 days after the date of the enactment
of this Act, the Secretary of the Air Force shall select, jointly
with the owners of Native Allotment F–14589, and retain a qualified
appraiser to appraise the fair market value of that allotment. The
appraiser shall be an appraiser who is independent of the Depart-
ment of the Air Force and the owners of the allotment. The Sec-
retary shall ensure that the appraiser completes the appraisal
not later than 180 days after the date of the enactment of this
Act. The Secretary shall pay the costs of the appraisal.
(d) The Secretary of the Air Force shall complete the acquisition
of Native Allotment F–14589 not later than September 30, 2005,
subject to the conditions set forth in subsection (b).
SEC. 8026. During the current fiscal year, the Department
of Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of title 10,
United States Code, in anticipation of receipt of contributions, only
from the Government of Kuwait, under that section: Provided,
Deadline.
Deadlines.
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That upon receipt, such contributions from the Government of
Kuwait shall be credited to the appropriations or fund which
incurred such obligations.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8027. (a) Of the funds made available in this Act, not
less than $24,971,000 shall be available for the Civil Air Patrol
Corporation, of which—
(1) $21,588,000 shall be available from ‘‘Operation and
Maintenance, Air Force’’ to support Civil Air Patrol Corporation
operation and maintenance, readiness, counterdrug activities,
and drug demand reduction activities involving youth programs;
(2) $2,581,000 shall be available from ‘‘Aircraft Procure-
ment, Air Force’’; and
(3) $802,000 shall be available from ‘‘Other Procurement,
Air Force’’ for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement
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 Defense (depart-
ment) federally funded research and development center (FFRDC),
either as a new entity, or as a separate entity administrated by
an organization managing another FFRDC, or as a nonprofit mem-
bership corporation 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 compensated for his or her services as a member
of such entity, or as a paid consultant by more than one FFRDC
in a fiscal year: 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 Federal Joint Travel
Regulations, when engaged in the performance 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 construction of new buildings, for
payment of cost sharing for projects funded by Government grants,
for absorption of contract overruns, or for certain charitable con-
tributions, not to include employee participation in community
service and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2005, not more
than 5,400 staff years of technical effort (staff years) may be funded
for defense FFRDCs: Provided, That of the specific amount referred
to previously in this subsection, not more than 1,050 staff years
may be funded for the defense studies and analysis FFRDCs: Pro-
vided further, 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 submission of
the department’s fiscal year 2006 budget request, submit a report
presenting the specific amounts of staff years of technical effort
to be allocated for each defense FFRDC during that fiscal year.
Reports.
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(f) Notwithstanding any other provision of this Act, the total
amount appropriated in this Act for FFRDCs is hereby reduced
by $125,000,000.
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 facility 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 restrictions shall apply to any and all Federal Supply
Class 9515, American Society of Testing and Materials (ASTM)
or American Iron and Steel Institute (AISI) specifications of carbon,
alloy or armor steel plate: Provided further, That the Secretary
of the military department responsible for the procurement may
waive this restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of Representa-
tives and the Senate that adequate domestic supplies are not avail-
able to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to
acquire capability for national security purposes: Provided further,
That these restrictions shall not apply to contracts which are in
being as of the date of the enactment of this Act.
SEC. 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 Subcommittee on Defense of the Committee on Appro-
priations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives.
SEC. 8031. During the current fiscal year, the Department
of Defense may acquire the modification, depot maintenance and
repair of aircraft, vehicles and vessels as well as the production
of components and other Defense-related articles, through competi-
tion between Department of Defense depot maintenance activities
and private firms: Provided, That the Senior Acquisition Executive
of the military department or Defense Agency concerned, with power
of delegation, shall certify that successful bids include comparable
estimates of all direct and indirect costs for both public and private
bids: Provided further, That Office of Management and Budget
Circular A–76 shall not apply to competitions conducted under
this section.
SEC. 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 para-
graph (2) has violated the terms of the agreement by discriminating
against certain types of products produced in the United States
that are covered by the agreement, the Secretary of Defense shall
rescind the Secretary’s blanket waiver of the Buy American Act
with respect to such types of products produced in that foreign
country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the
United States and a foreign country pursuant to which the Secretary
of Defense has prospectively waived the Buy American Act for
certain products in that country.
(b) The Secretary of Defense shall submit to the Congress
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
Reports.
41 USC 10b–2.
Certification.
Applicability.
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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 energy cost savings
realized by the Department of Defense shall remain available for
obligation for the next fiscal year to the extent, and for the purposes,
provided in section 2865 of title 10, United States Code.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8034. Amounts deposited during the current fiscal year
and hereafter to the special account established under 40 U.S.C.
572(b)(5)(A) and to the special account established under 10 U.S.C.
2667(d)(1) are appropriated and shall be 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 appropriation to which transferred.
SEC. 8035. None of the funds appropriated in this Act shall
be used to study, demonstrate, or implement any plans privatizing,
divesting or transferring of any Civil Works missions, functions,
or responsibilities for the United States Army Corps of Engineers
to other government agencies without specific direction in a subse-
quent Act of Congress.
SEC. 8036. 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 requested in the budget for appropria-
tion for that fiscal year for salaries and expenses related to adminis-
trative activities of the Department of Defense, the military depart-
ments, and the defense agencies.
SEC. 8037. Notwithstanding any other provision of law, funds
available during the current fiscal year and hereafter for ‘‘Drug
Interdiction and Counter-Drug Activities, Defense’’ may be obligated
for the Young Marines program.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8038. During the current fiscal year, amounts contained
in the Department of Defense Overseas Military Facility Investment
Recovery Account established by section 2921(c)(1) of the National
Defense Authorization Act of 1991 (Public Law 101–510; 10 U.S.C.
2687 note) shall be available until expended for the payments
specified by section 2921(c)(2) of that Act.
SEC. 8039. (a) IN GENERAL.—Notwithstanding any other provi-
sion 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 Min-
nesota relocatable military housing units located at Grand Forks
10 USC 374 note.
President.
10 USC 221 note.
10 USC 2667
note.
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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 Dakota, 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 sub-
section (b).
(d) INDIAN TRIBE DEFINED.—In this section, the term ‘‘Indian
tribe’’ means any recognized Indian tribe included on the current
list published by the Secretary of the Interior under section 104
of the Federally Recognized Indian Tribe Act of 1994 (Public Law
103–454; 108 Stat. 4792; 25 U.S.C. 479a–1).
SEC. 8040. During the current fiscal year, appropriations which
are available to the Department of Defense for operation and
maintenance may be used to purchase items having an investment
item unit cost of not more than $250,000.
SEC. 8041. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense
Working Capital Funds shall be used for the purchase of an invest-
ment item for the purpose of acquiring a new inventory item for
sale or anticipated sale during the current fiscal year or a subse-
quent fiscal year to customers of the Department of Defense
Working Capital Funds if such an item would not have been charge-
able 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.
(b) The fiscal year 2006 budget request for the Department
of Defense as well as all justification material and other documenta-
tion supporting the fiscal year 2006 Department of Defense budget
shall be prepared and submitted to the Congress on the basis
that any equipment which was classified as an end item and funded
in a procurement appropriation contained in this Act shall be budg-
eted 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. 8042. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain available
for obligation beyond the current fiscal year, except for funds appro-
priated for the Reserve for Contingencies, which shall remain avail-
able until September 30, 2006: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intelligence Agency
Central Services Working Capital Fund during this or any prior
or subsequent fiscal year shall remain available until expended:
Provided further, That any funds appropriated or transferred to
the Central Intelligence Agency for advanced research and develop-
ment acquisition, for agent operations, and for covert action pro-
grams authorized by the President under section 503 of the National
Security Act of 1947, as amended, shall remain available until
September 30, 2006.
50 USC 403u
note.
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SEC. 8043. Notwithstanding any other provision of law, funds
made available in this Act for the Defense Intelligence Agency
may be used for the design, development, and deployment of Gen-
eral Defense Intelligence Program intelligence communications and
intelligence information systems for the Services, the Unified and
Specified Commands, and the component commands.
SEC. 8044. Of the funds appropriated to the Department of
Defense under the heading ‘‘Operation and Maintenance, Defense-
Wide’’, not less than $10,000,000 shall be made available only
for the mitigation of environmental impacts, including training
and technical assistance to tribes, related administrative support,
the gathering of information, documenting of environmental dam-
age, and developing a system for prioritization of mitigation and
cost to complete estimates for mitigation, on Indian lands resulting
from Department of Defense activities.
SEC. 8045. (a) None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense unless
the entity, in expending the funds, complies with the Buy American
Act. For purposes of this subsection, the term ‘‘Buy American Act’’
means title III of the Act entitled ‘‘An Act making appropriations
for the Treasury and Post Office Departments for the fiscal year
ending June 30, 1934, and for other purposes’’, approved March
3, 1933 (41 U.S.C. 10a et seq.).
(b) If the Secretary of Defense determines that a person has
been convicted of intentionally affixing a label bearing a ‘‘Made
in America’’ inscription to any product sold in or shipped to the
United States that is not made in America, the Secretary shall
determine, in accordance with section 2410f of title 10, United
States Code, whether the person should be debarred from con-
tracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Con-
gress that any entity of the Department of Defense, in expending
the appropriation, purchase only American-made equipment and
products, provided that American-made equipment and products
are cost-competitive, quality-competitive, and available in a timely
fashion.
SEC. 8046. None of the funds appropriated by this Act shall
be available for a contract for studies, analysis, or consulting serv-
ices entered into without competition on the basis of an unsolicited
proposal unless the head of the activity responsible for the procure-
ment determines—
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an unsolicited
proposal which offers significant scientific or technological
promise, represents the product of original thinking, and was
submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a specific
concern, or to insure that a new product or idea of a specific
concern is given financial support: Provided, That this limita-
tion shall not apply to contracts in an amount of less than
$25,000, contracts related to improvements of equipment that
is in development or production, or contracts as to which a
civilian official of the Department of Defense, who has been
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PUBLIC LAW 108–287—AUG. 5, 2004
confirmed by the Senate, determines that the award of such
contract is in the interest of the national defense.
SEC. 8047. (a) Except as provided in subsection (b) and (c),
none of the funds made available by this Act may be used—
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces
or civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee’s place of duty remains at the location of that head-
quarters.
(b) The Secretary of Defense or Secretary of a military depart-
ment may waive the limitations in subsection (a), on a case-by-
case basis, if the Secretary determines, and certifies to the Commit-
tees on Appropriations of the House of Representatives and Senate
that the granting of the waiver will reduce the personnel require-
ments or the financial requirements of the department.
(c) This section does not apply to field operating agencies funded
within the National Foreign Intelligence Program.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8048. (a) Upon a determination by the Secretary of the
Navy that the vessel USNS Capable (T–AGOS 16) is no longer
needed by the Navy, the Secretary shall transfer such vessel to
the National Oceanic and Atmospheric Administration as an explo-
ration and research ship.
(b) Upon a transfer of the vessel USNS Capable (T–AGOS
16) under subsection (a), the Secretary of the Navy shall transfer
to the Secretary of Commerce $18,000,000 out of funds appropriated
by title IV under the heading ‘‘Research, Development, Test and
Evaluation, Navy’’. The amount so transferred shall be available
to the National Oceanographic and Atmospheric Administration
for the conversion of the vessel for use as an exploration and
research ship.
(RESCISSIONS)
SEC. 8049. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from
the following accounts and programs in the specified amounts:
‘‘Shipbuilding 
and 
Conversion, 
Navy, 
2002/2006’’,
$14,000,000;
‘‘Former Soviet Union Threat Reduction, 2003/2005’’,
$50,000,000;
‘‘Aircraft Procurement, Navy, 2003/2005’’, $50,000,000;
‘‘Aircraft Procurement, Air Force, 2003/2005’’, $50,000,000;
‘‘Other Procurement, Army, 2004/2006’’, $16,000,000;
‘‘Aircraft Procurement, Navy, 2004/2006’’, $32,800,000;
‘‘Shipbuilding 
and 
Conversion, 
Navy, 
2004/2008’’,
$10,300,000;
‘‘Weapons Procurement, Navy, 2004/2006’’, $25,200,000;
‘‘Other Procurement, Navy, 2004/2006’’, $41,700,000;
‘‘Procurement, Marine Corps, 2004/2006’’, $40,200,000;
‘‘Other Procurement, Air Force, 2004/2006’’, $100,000,000;
‘‘Procurement, Defense-Wide, 2004/2006’’, $34,571,000;
‘‘Research, Development, Test and Evaluation, Army, 2004/
2005’’, $30,000,000;
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118 STAT. 982
PUBLIC LAW 108–287—AUG. 5, 2004
‘‘Research, Development, Test and Evaluation, Navy, 2004/
2005’’, $148,500,000;
‘‘Research, Development, Test and Evaluation, Air Force,
2004/2005’’, $57,666,000; and
‘‘Research, Development, Test and Evaluation, Defense-
Wide, 2004/2005’’, $78,700,000.
SEC. 8050. None of the funds available in this Act may be
used to reduce the authorized positions for military (civilian) techni-
cians of the Army National Guard, the Air National Guard, Army
Reserve and Air Force Reserve for the purpose of applying any
administratively imposed civilian personnel ceiling, freeze, or reduc-
tion on military (civilian) technicians, unless such reductions are
a direct result of a reduction in military force structure.
SEC. 8051. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance
to the Democratic People’s Republic of North Korea unless specifi-
cally appropriated for that purpose.
SEC. 8052. During the current fiscal year and hereafter, funds
appropriated in this Act are available to compensate members of
the National Guard for duty performed pursuant to a plan sub-
mitted by a Governor of a State and approved by the Secretary
of Defense under section 112 of title 32, United States Code: Pro-
vided, That during the performance of such duty, the members
of the National Guard shall be under State command and control:
Provided further, That such duty shall be treated as full-time
National Guard duty for purposes of sections 12602(a)(2) and (b)(2)
of title 10, United States Code.
SEC. 8053. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands
and Defense Agencies shall be available for reimbursement of pay,
allowances and other expenses which would otherwise be incurred
against appropriations for the National Guard and Reserve when
members of the National Guard and Reserve provide intelligence
or counterintelligence support to Combatant Commands, Defense
Agencies and Joint Intelligence Activities, including the activities
and programs included within the National Foreign Intelligence
Program (NFIP), the Joint Military Intelligence Program (JMIP),
and the Tactical Intelligence and Related Activities (TIARA) aggre-
gate: Provided, That nothing in this section authorizes deviation
from established Reserve and National Guard personnel and
training procedures.
SEC. 8054. During the current fiscal year, none of the funds
appropriated in this Act may be used to reduce the civilian medical
and medical support personnel assigned to military treatment facili-
ties below the September 30, 2003 level: Provided, That the Service
Surgeons General may waive this section by certifying to the
congressional defense committees that the beneficiary population
is declining in some catchment areas and civilian strength reduc-
tions may be consistent with responsible resource stewardship and
capitation-based budgeting.
SEC. 8055. (a) LIMITATION ON PENTAGON RENOVATION COSTS.—
Not later than the date each year on which the President submits
to Congress the budget under section 1105 of title 31, United
States Code, the Secretary of Defense shall submit to Congress
a certification that the total cost for the planning, design, construc-
tion, and installation of equipment for the renovation of wedges
2 through 5 of the Pentagon Reservation, cumulatively, will not
Deadline.
Certification.
10 USC 2674
note.
Certification.
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PUBLIC LAW 108–287—AUG. 5, 2004
exceed four times the total cost for the planning, design, construc-
tion, and installation of equipment for the renovation of wedge
1.
(b) ANNUAL ADJUSTMENT.—For purposes of applying the limita-
tion in subsection (a), the Secretary shall adjust the cost for the
renovation of wedge 1 by any increase or decrease in costs attrib-
utable to economic inflation, based on the most recent economic
assumptions issued by the Office of Management and Budget for
use in preparation of the budget of the United States under section
1104 of title 31, United States Code.
(c) EXCLUSION OF CERTAIN COSTS.—For purposes of calculating
the limitation in subsection (a), the total cost for wedges 2 through
5 shall not include—
(1) any repair or reconstruction cost incurred as a result
of the terrorist attack on the Pentagon that occurred on Sep-
tember 11, 2001;
(2) any increase in costs for wedges 2 through 5 attributable
to compliance with new requirements of Federal, State, or
local laws; and
(3) any increase in costs attributable to additional security
requirements that the Secretary of Defense considers essential
to provide a safe and secure working environment.
(d) CERTIFICATION COST REPORTS.—As part of the annual cer-
tification under subsection (a), the Secretary shall report the pro-
jected cost (as of the time of the certification) for—
(1) the renovation of each wedge, including the amount
adjusted or otherwise excluded for such wedge under the
authority of paragraphs (2) and (3) of subsection (c) for the
period covered by the certification; and
(2) the repair and reconstruction of wedges 1 and 2 in
response to the terrorist attack on the Pentagon that occurred
on September 11, 2001.
(e) DURATION OF CERTIFICATION REQUIREMENT.—The require-
ment to make an annual certification under subsection (a) shall
apply until the Secretary certifies to Congress that the renovation
of the Pentagon Reservation is completed.
SEC. 8056. Notwithstanding any other provision of law, that
not more than 35 percent of funds provided in this Act for environ-
mental remediation may be obligated under indefinite delivery/
indefinite quantity contracts with a total contract value of
$130,000,000 or higher.
SEC. 8057. (a) None of the funds available to the Department
of Defense for any fiscal year for drug interdiction or counter-
drug activities may be transferred to any other department or
agency of the United States except as specifically provided in an
appropriations law.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction and counter-drug
activities may be transferred to any other department or agency
of the United States except as specifically provided in an appropria-
tions law.
(TRANSFER OF FUNDS)
SEC. 8058. Appropriations available under the heading ‘‘Oper-
ation and Maintenance, Defense-Wide’’ for the current fiscal year
and hereafter for increasing energy and water efficiency in Federal
buildings may, during their period of availability, be transferred
10 USC 2865
note.
50 USC 403f
note.
10 USC 374 note.
Applicability.
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to other appropriations or funds of the Department of Defense
for projects related to increasing energy and water efficiency, to
be merged with and to be available for the same general purposes,
and for the same time period, as the appropriation or fund to
which transferred.
SEC. 8059. None of the funds appropriated by this Act may
be used for the procurement of ball and roller bearings other than
those produced by a domestic source and of domestic origin: Pro-
vided, That the Secretary of the military department responsible
for such procurement may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on Appropria-
tions of the House of Representatives and the Senate, that adequate
domestic supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition must
be made in order to acquire capability for national security pur-
poses: Provided further, That this restriction shall not apply to
the purchase of ‘‘commercial items’’, as defined by section 4(12)
of the Office of Federal Procurement Policy Act, except that the
restriction shall apply to ball or roller bearings purchased as end
items.
SEC. 8060. 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 of Defense shall be made available to provide
transportation 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. 8061. None of the funds in this Act may be used to
purchase any supercomputer which is not manufactured in the
United States, unless the Secretary of Defense certifies to the
congressional defense committees that such an acquisition must
be made in order to acquire capability for national security purposes
that is not available from United States manufacturers.
SEC. 8062. Notwithstanding any other provision of law, each
contract awarded by the Department of Defense during the current
fiscal year for construction or service performed in whole or in
part in a State (as defined in section 381(d) of title 10, United
States Code) which is not contiguous with another State and has
an unemployment rate in excess of the national average rate of
unemployment as determined by the Secretary of Labor, shall
include a provision requiring the contractor to employ, for the
purpose of performing that portion of the contract in such State
that is not contiguous with another State, individuals who are
residents of such State and who, in the case of any craft or trade,
possess or would be able to acquire promptly the necessary skills:
Provided, That the Secretary of Defense may waive the require-
ments of this section, on a case-by-case basis, in the interest of
national security.
SEC. 8063. 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 approves or implements the
transfer of administrative responsibilities 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
without the express authorization of Congress: Provided, That this
limitation shall not apply to transfers of funds expressly provided
Contracts.
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for in Defense Appropriations Acts, or provisions of Acts providing
supplemental appropriations for the Department of Defense.
SEC. 8064. (a) LIMITATION ON TRANSFER OF DEFENSE 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 defense commit-
tees, the Committee on International Relations of the House of
Representatives, and the Committee 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-enforcement
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-enforce-
ment, 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 equipment 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
transferred have been met; and
(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how the
President proposes to provide funds for such replacement.
SEC. 8065. 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 defense exports not otherwise provided
for: Provided, That the total contingent liability of the United
States for guarantees issued under the authority of this section
may not exceed $15,000,000,000: Provided further, That the 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 Commit-
tees on Appropriations, Armed Services, and Foreign Relations of
the Senate and the Committees on Appropriations, Armed Services,
and International Relations in the House of Representatives on
the implementation of this program: Provided further, That amounts
charged for administrative fees and deposited to the special account
provided for under section 2540c(d) of title 10, shall be available
for paying the costs of administrative expenses of the Department
of Defense that are attributable to the loan guarantee program
under subchapter VI of chapter 148 of title 10, United States
Code.
SEC. 8066. None of the funds available to the Department
of Defense under this Act shall be obligated or expended to pay
Reports.
10 USC 2540
note.
Applicability.
Notification.
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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 associated
with a business combination.
SEC. 8067. Funds appropriated for the Department of Defense
and for intelligence activities in this Act are available for transfer
to the Department of State as remittance for a fee charged by
the Department of State for fiscal year 2005 for the maintenance,
upgrade, or construction of United States diplomatic facilities only
to the extent that the amount of the fee so charged (when added
to other amounts of such fees previously charged for that fiscal
year) exceeds the total amount of the unreimbursed costs incurred
by the departments and agencies funded by this Act during that
fiscal year in providing goods and services to the Department of
State.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8068. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the heading
‘‘Operation and Maintenance, Defense-Wide’’ may be transferred
to appropriations available for the pay of military personnel, to
be merged with, and to be available for the same time period
as the appropriations to which transferred, to be used in support
of such personnel in connection with support and services for eligible
organizations and activities outside the Department of Defense
pursuant to section 2012 of title 10, United States Code.
SEC. 8069. 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 expired or which has closed
under the provisions of section 1552 of title 31, United States
Code, and which has a negative unliquidated or unexpended bal-
ance, an obligation 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 availability 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 obligation is
not chargeable to a current appropriation of the Department
of Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991, Public
Law 101–510, as amended (31 U.S.C. 1551 note): Provided,
That in the case of an expired account, if subsequent review
or investigation discloses that there was not in fact a negative
unliquidated or unexpended balance in the account, any charge
to a current account under the authority of this section shall
be reversed and recorded against the expired account: Provided
further, That the total amount charged to a current appropria-
tion under this section may not exceed an amount equal to
1 percent of the total appropriation for that account.
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SEC. 8070. Hereafter, funds appropriated for Operation and
maintenance and for the Defense Health Program in this Act,
and in future appropriations acts for the Department of Defense,
for supervision and administration 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: Pro-
vided, That for the purpose of this section, supervision and adminis-
tration costs includes all in-house Government cost.
SEC. 8071. (a) Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of
equipment of the National Guard Distance Learning Project by
any person or entity on a space-available, reimbursable basis. The
Chief of the National Guard 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 Distance 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. 8072. 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 Republic
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 municipal district heat to the United
States Defense installations: Provided further, That at Landstuhl
Army Regional Medical Center and Ramstein Air Base, furnished
heat may be obtained from private, regional or municipal services,
if provisions are included for the consideration of United States
coal as an energy source.
SEC. 8073. None of the funds appropriated in title IV of this
Act may be used to procure end-items for delivery to military
forces for operational training, operational use or inventory require-
ments: Provided, That this restriction 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 Representatives and the Senate that it is in the
national security interest to do so.
SEC. 8074. 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. 8075. (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
10 USC 2241
note.
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2531 of title 10, United States Code, and the country does not
discriminate against the same or similar defense items produced
in the United States for that country.
(b) Subsection (a) applies with respect to—
(1) contracts and subcontracts entered into on or after
the date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under subsection
(a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, 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. 8076. (a) PROHIBITION.—None of the funds made available
by this Act may be used to support any training program involving
a unit of the security forces of a foreign country if the Secretary
of Defense has received credible information from the Department
of State that the unit has committed a gross violation of human
rights, unless all necessary corrective steps have been taken.
(b) MONITORING.—The Secretary of Defense, in consultation
with the Secretary of State, shall ensure that prior to a decision
to conduct any training program referred to in subsection (a), full
consideration is given to all credible information available to the
Department of State relating to human rights violations by foreign
security forces.
(c) WAIVER.—The Secretary of Defense, after consultation with
the Secretary of State, may waive the prohibition in subsection
(a) if he determines that such waiver is required by extraordinary
circumstances.
(d) REPORT.—Not more than 15 days after the exercise 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 involved in the training program, and the information
relating to human rights violations that necessitates the waiver.
SEC. 8077. (a) The Secretary of Defense, in coordination with
the Secretary of Health and Human Services, may carry out a
program to distribute surplus dental and medical equipment of
the Department of Defense, at no cost to the Department of Defense,
to Indian Health Service facilities and to federally-qualified health
centers (within the meaning of section 1905(l)(2)(B) of the Social
Security Act (42 U.S.C. 1396d(l)(2)(B))).
(b) In carrying out this provision, the Secretary of Defense
shall give the Indian Health Service a property disposal priority
equal to the priority given to the Department of Defense and
its twelve special screening programs in distribution of surplus
dental and medical supplies and equipment.
SEC. 8078. 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 propul-
sion diesel engines and propulsors are manufactured in the United
Human rights.
Applicability.
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118 STAT. 989
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States by a domestically operated entity: Provided, That the Sec-
retary 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 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. 8079. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations
Acts may be obligated or expended for the purpose of performing
repairs or maintenance to military family housing units of the
Department of Defense, including areas in such military family
housing units that may be used for the purpose of conducting
official Department of Defense business.
SEC. 8080. 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 tech-
nology demonstration project may only be obligated 30 days after
a report, including 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 congressional defense
committees: Provided, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying to the congres-
sional defense committees that it is in the national interest to
do so.
SEC. 8081. The Secretary of Defense shall provide a classified
quarterly report, beginning 30 days after enactment of this Act,
to the House and Senate Appropriations Committees, Subcommit-
tees on Defense on certain matters as directed in the classified
annex accompanying this Act.
SEC. 8082. During the current fiscal year, refunds attributable
to the use of the Government travel card, refunds attributable
to the use of the Government Purchase Card and refunds attrib-
utable to official Government travel arranged by Government Con-
tracted Travel Management Centers may be credited to operation
and maintenance, and research, development, test and evaluation
accounts of the Department of Defense which are current when
the refunds are received.
SEC. 8083. (a) REGISTERING FINANCIAL MANAGEMENT INFORMA-
TION
TECHNOLOGY
SYSTEMS
WITH
DOD CHIEF
INFORMATION
OFFICER.—None of the funds appropriated in this Act may be used
for a mission critical or mission essential financial management
information technology system (including a system funded by the
defense working capital fund) that is not registered with the Chief
Information Officer of the Department of Defense. A system shall
be considered to be registered with that officer upon the furnishing
to that officer of notice of the system, together with such information
concerning the system as the Secretary of Defense may prescribe.
A financial management information technology system shall be
considered a mission critical or mission essential information tech-
nology system as defined by the Under Secretary of Defense (Comp-
troller).
(b) CERTIFICATIONS
AS
TO
COMPLIANCE
WITH
FINANCIAL
MANAGEMENT MODERNIZATION PLAN.—
(1) During the current fiscal year, a financial management
automated information system, a mixed information system
Reports.
Deadline.
Certification.
Reports.
Certification.
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118 STAT. 990
PUBLIC LAW 108–287—AUG. 5, 2004
supporting financial and non-financial systems, or a system
improvement of more than $1,000,000 may not receive Mile-
stone A approval, Milestone B approval, or full rate production,
or their equivalent, within the Department of Defense until
the Under Secretary of Defense (Comptroller) certifies, with
respect to that milestone, that the system is being developed
and managed in accordance with the Department’s Financial
Management Modernization Plan. The Under Secretary of
Defense (Comptroller) may require additional certifications, as
appropriate, with respect to any such system.
(2) The Chief Information Officer shall provide the congres-
sional defense committees timely notification 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 Milestone A approval, Mile-
stone 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 additional certifications, as
appropriate, with respect to any such system.
(2) The Chief Information Officer shall provide the congres-
sional defense committees timely notification 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 confirmation
that the following steps have been taken with respect to the
system:
(A) Business process reengineering.
(B) An analysis of alternatives.
(C) An economic analysis that includes a calculation
of the return on investment.
(D) Performance measures.
(E) An information assurance strategy consistent with
the Department’s Global Information Grid.
(d) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘Chief Information Officer’’ means the senior
official of the Department of Defense designated by the Sec-
retary of Defense pursuant to section 3506 of title 44, United
States Code.
(2) The term ‘‘information technology system’’ has the
meaning given the term ‘‘information technology’’ in section
5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401).
SEC. 8084. During the current fiscal year, none of the funds
available to the Department of Defense may be used to provide
support to another department or agency of the United States
if such department or agency is more than 90 days in arrears
in making payment to the Department of Defense for goods or
services previously provided to such department or agency on a
reimbursable basis: Provided, That this restriction shall not apply
if the department is authorized by law to provide support to such
department or agency on a nonreimbursable basis, and is providing
the requested support pursuant to such authority: Provided further,
That the Secretary of Defense may waive this restriction on a
Certification.
Notification.
Notification.
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118 STAT. 991
PUBLIC LAW 108–287—AUG. 5, 2004
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. 8085. 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 nomenclature designation of ‘‘armor
penetrator’’, ‘‘armor piercing (AP)’’, ‘‘armor piercing incendiary
(API)’’, or ‘‘armor-piercing incendiary-tracer (API-T)’’, except to an
entity performing demilitarization services for the Department of
Defense under a contract that requires the entity to demonstrate
to the satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by the demili-
tarization process; or (2) used to manufacture ammunition pursuant
to a contract with the Department of Defense or the manufacture
of ammunition for export pursuant to a License for Permanent
Export of Unclassified Military Articles issued by the Department
of State.
SEC. 8086. Notwithstanding any other provision of law, the
Chief of the National Guard Bureau, or his designee, may waive
payment of all or part of the consideration 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 fraternal
non-profit organization as may be approved by the Chief of the
National Guard Bureau, or his designee, on a case-by-case basis.
SEC. 8087. None of the funds appropriated by this Act shall
be used for the support of any nonappropriated funds activity
of the Department of Defense that procures malt beverages and
wine with nonappropriated funds for resale (including such alcoholic
beverages sold by the drink) on a military installation located
in the United States unless such malt beverages and wine are
procured within that State, or in the case of the District of
Columbia, within the District of Columbia, in which the military
installation is located: Provided, That in a case in which the military
installation is located in more than one State, purchases may be
made in any State in which the installation is located: Provided
further, That such local procurement requirements for malt bev-
erages and wine shall apply to all alcoholic beverages only for
military installations 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. 8088. Up to $3,000,000 of the funds appropriated under
the heading ‘‘Operation and Maintenance, Navy’’ in this Act for
the Pacific Missile Range Facility may be made available to contract
for the repair, maintenance, and operation of adjacent off-base
water, drainage, and flood control systems, electrical upgrade to
support additional missions critical to base operations, and support
for a range footprint expansion to further guard against encroach-
ment.
SEC. 8089. Funds available to the Department of Defense for
the Global Positioning System during the current fiscal year may
be used to fund civil requirements associated with the satellite
and ground control segments of such system’s modernization pro-
gram.
Contracts.
Applicability.
Alcohol and
alcoholic
beverages.
10 USC 2488
note.
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118 STAT. 992
PUBLIC LAW 108–287—AUG. 5, 2004
(INCLUDING TRANSFER OF FUNDS)
SEC. 8090. (a) Of the amounts appropriated in this Act under
the heading, ‘‘Research, Development, Test and Evaluation,
Defense-Wide’’, $60,000,000 shall remain available until expended:
Provided, That notwithstanding any other provision of law, the
Secretary of Defense is authorized to transfer such funds to other
activities of the Federal Government.
(b) Of the amounts appropriated in this Act under the heading,
‘‘Operation and Maintenance, Army’’, $185,000,000 shall remain
available until expended: Provided, That notwithstanding any other
provision of law, the Secretary of Defense is authorized to transfer
such funds to other activities of the Federal Government: Provided
further, That the Secretary of Defense is authorized to enter into
and carry out contracts for the acquisition of real property, construc-
tion, personal services, and operations related to projects described
in further detail in the Classified Annex accompanying the Depart-
ment of Defense Appropriations Act, 2005, consistent with the terms
and conditions set forth therein: Provided further, That contracts
entered into under the authority of this section may provide for
such indemnification as the Secretary determines to be necessary:
Provided further, That projects authorized by this section shall
comply with applicable Federal, State, and local law to the max-
imum extent consistent with the national security, as determined
by the Secretary of Defense.
SEC. 8091. Section 8106 of the Department of Defense Appro-
priations 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 continue in effect to apply to disbursements
that are made by the Department of Defense in fiscal year 2005.
SEC. 8092. (a) Of the amounts appropriated in this Act under
the heading ‘‘Research, Development, Test and Evaluation, Navy’’,
$214,678,000 shall be available for the construction of the first
prototype vessel under the Littoral Combat Ship program.
(b) None of the funds provided in this Act may be obligated
to prepare a fiscal year 2006 budget request for a third vessel
under the Littoral Combat Ship program in fiscal year 2006: Pro-
vided, That funds for the second vessel shall be for a second source
supplier: Provided further, That all subsequent ships shall be pur-
chased with ‘‘Shipbuilding and Conversion, Navy’’ funds beginning
in fiscal year 2007.
SEC. 8093. In addition to amounts provided elsewhere in this
Act, $2,000,000 is hereby appropriated for ‘‘Defense Health Pro-
gram’’, to remain available for obligation 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 members when con-
fronted with the illness or hospitalization of an eligible military
beneficiary.
SEC. 8094. 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 mis-
cellaneous or other contracts in the military departments, as follows:
(1) From ‘‘Operation and Maintenance, Army’’, $66,700,000.
(2) From ‘‘Operation and Maintenance, Navy’’, $77,900,000.
Applicability.
10 USC 113 note.
Contracts.
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118 STAT. 993
PUBLIC LAW 108–287—AUG. 5, 2004
(3) From ‘‘Operation and Maintenance, Marine Corps’’,
$6,100,000.
(4) From ‘‘Operation and Maintenance, Air Force’’,
$149,300,000.
SEC. 8095. The total amount appropriated or otherwise made
available in this Act is hereby reduced by $500,000,000 to limit
excessive growth in the procurement of advisory and assistance
services, to be distributed as follows:
‘‘Operation and Maintenance, Army’’, $25,000,000;
‘‘Operation and Maintenance, Defense-Wide’’, $225,000,000;
‘‘Research, Development, Test and Evaluation, Army’’,
$50,000,000; and
‘‘Research, Development, Test and Evaluation, Defense-
Wide’’, $200,000,000.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8096. Of the amounts appropriated in this Act under
the heading ‘‘Research, Development, Test and Evaluation, Defense-
Wide’’, $155,290,000 shall be made available for the Arrow missile
defense program: Provided, That of this amount, $68,000,000 shall
be available for the purpose of producing Arrow missile components
in the United States and Arrow missile components and missiles
in Israel to meet Israel’s defense requirements, consistent with
each nation’s laws, regulations and procedures: Provided further,
That funds made available under this provision for production
of missiles and missile components may be transferred to appropria-
tions available for the procurement of weapons and equipment,
to be merged with and to be available for the same time period
and the same purposes as the appropriation to which transferred:
Provided further, That the transfer authority provided under this
provision is in addition to any other transfer authority contained
in this Act.
SEC. 8097. 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 provided as a grant
(or grants) to the California Central Coast Research Partnership
(C3RP) through the California Polytechnic State University Founda-
tion: 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. 8098. (a) In addition to amounts provided elsewhere in
this Act, $34,000,000 is hereby appropriated for ‘‘Aircraft Procure-
ment, Navy’’: Provided, That these funds shall be available only
for transfer to the Coast Guard for mission essential equipment
for Coast Guard HC–130J aircraft.
(b) In addition to amounts appropriated or otherwise made
available in this Act, there is hereby appropriated $40,000,000,
for ‘‘Operation and Maintenance, Defense-Wide’’: Provided, That,
of the funds provided herein, $30,000,000, to remain available until
expended, shall be transferred within 15 days of the enactment
of this Act to the Department of Agriculture, Forest Service
‘‘Wildland Fire Management’’ account and shall be merged with
Deadline.
Grants.
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118 STAT. 994
PUBLIC LAW 108–287—AUG. 5, 2004
other funds in this account and shall be made available for haz-
ardous fuels reduction, hazard mitigation, and rehabilitation activi-
ties of the Forest Service in the San Bernardino National Forest,
and $10,000,000, to remain available until expended, shall be trans-
ferred within 15 days of the enactment of this Act to the Forest
Service, ‘‘Capital Improvement and Maintenance’’ account and shall
be made available to construct a wildfire management training
facility in San Bernardino County: Provided further, That the
transfer authority provided in this section is in addition to any
other transfer authority available to the Department of Defense.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8099. Of the amounts appropriated in this Act under
the heading ‘‘Shipbuilding and Conversion, Navy’’, $484,390,000
shall be available until September 30, 2005, to fund prior year
shipbuilding cost increases: Provided, That upon enactment of this
Act, the Secretary of the Navy shall transfer such funds to the
following appropriations in the amounts specified: Provided further,
That the amounts transferred shall be merged with and be available
for the same purposes as the appropriations to which transferred:
To:
Under the heading, ‘‘Shipbuilding and Conversion,
Navy, 1996/2005’’:
LPD–17 Amphibious Transport Dock Ship Pro-
gram, $55,000,000.
Under the heading, ‘‘Shipbuilding and Conversion,
Navy, 1999/2005’’:
New SSN, $10,000,000;
LPD–17 Amphibious Transport Dock Ship Pro-
gram, $38,100,000.
Under the heading, ‘‘Shipbuilding and Conversion,
Navy, 2000/2005’’:
DDG–51 Destroyer Program, $44,963,000;
LPD–17 Amphibious Transport Dock Ship Pro-
gram, $171,681,000.
Under the heading, ‘‘Shipbuilding and Conversion,
Navy, 2001/2005’’:
DDG–51 Destroyer Program, $83,316,000;
New SSN, $67,330,000.
Under the heading, ‘‘Shipbuilding and Conversion,
Navy, 2002/2005’’:
LCAC SLEP, $2,100,000.
Under the heading, ‘‘Shipbuilding and Conversion,
Navy, 2003/2005’’:
LCAC SLEP, $11,900,000:
Provided further, That section 126 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108–136; 117
Stat. 1410; 10 U.S.C. 7291 note) is repealed.
SEC. 8100. The Secretary of the Navy may settle, or com-
promise, 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 with-
out regard to the monetary limitations in subsections (a) and (b)
of that section: Provided, That such payments shall be made from
funds available to the Department of the Navy for operation and
maintenance.
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118 STAT. 995
PUBLIC LAW 108–287—AUG. 5, 2004
SEC. 8101. None of the funds available to the Department
of Defense may be obligated to implement any action which alters
the command responsibility or permanent assignment of forces until
270 days after such plan has been provided to the congressional
defense committees.
SEC. 8102. Notwithstanding any other provision of law or regu-
lation, the Secretary of Defense may exercise the provisions of
38 U.S.C. 7403(g) for occupations listed in 38 U.S.C. 7403(a)(2)
as well as the following:
Pharmacists, Audiologists, and Dental Hygienists.
(A) The requirements of 38 U.S.C. 7403(g)(1)(A) shall
apply.
(B) The limitations of 38 U.S.C. 7403(g)(1)(B) shall
not apply.
SEC. 8103. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, 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) during fiscal year 2005 until the enactment of the Intelligence
Authorization Act for fiscal year 2005.
SEC. 8104. In addition to funds made available elsewhere in
this Act, $5,500,000 is hereby appropriated and shall remain avail-
able until expended to provide assistance, by grant or otherwise
(such as, but not limited to, the provision of funds for repairs,
maintenance, construction, and/or for the purchase of information
technology, text books, teaching resources), to public schools that
have unusually high concentrations of special needs military
dependents enrolled: Provided, That in selecting school systems
to receive such assistance, special consideration shall be given to
school systems in States that are considered overseas assignments,
and all schools within these school systems shall be eligible for
assistance: Provided further, That up to 2 percent of the total
appropriated funds under this section shall be available to support
the administration and execution of the funds or program and/
or events that promote the purpose of this appropriation (e.g. pay-
ment of travel and per diem of school teachers attending conferences
or a meeting that promotes the purpose of this appropriation and/
or consultant fees for on-site training of teachers, staff, or Joint
Venture Education Forum (JVEF) Committee members): Provided
further, That up to $2,000,000 shall be available for the Department
of Defense to establish a non-profit trust fund to assist in the
public-private funding of public school repair and maintenance
projects, or provide directly to non-profit organizations who in
return will use these monies to provide assistance in the form
of repair, maintenance, or renovation to public school systems that
have high concentrations of special needs military dependents and
are located in States that are considered overseas assignments:
Provided further, That to the extent a Federal agency provides
this assistance, by contract, grant, or otherwise, it may accept
and expend non-Federal funds in combination with these Federal
funds to provide assistance for the authorized purpose, if the non-
Federal entity requests such assistance and the non-Federal funds
are provided on a reimbursable basis.
SEC. 8105. The total amount appropriated in title IV of this
Act is hereby reduced by $197,500,000 to reduce cost growth in
information technology development and modernization, to be
derived as follows:
Applicability.
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118 STAT. 996
PUBLIC LAW 108–287—AUG. 5, 2004
(1) From ‘‘Other Procurement, Army’’, $39,500,000.
(2) From ‘‘Other Procurement, Navy’’, $10,800,000.
(3) From ‘‘Other Procurement, Air Force’’, $49,000,000.
(4) From ‘‘Procurement, Defense-Wide’’, $20,100,000.
(5) From ‘‘Research, Development, Test and Evaluation,
Army’’, $3,500,000.
(6) From ‘‘Research, Development, Test and Evaluation,
Navy’’, $10,800,000.
(7) From ‘‘Research, Development, Test and Evaluation,
Air Force’’, $3,500,000.
(8) From ‘‘Research, Development, Test and Evaluation,
Defense-Wide’’, $60,300,000.
SEC. 8106. None of the funds in this Act may be used to
initiate a new start program without prior written notification
to the Office of Secretary of Defense and the congressional defense
committees.
SEC. 8107. The amounts appropriated in title II of this Act
are hereby reduced by $316,000,000 to reflect cash balance and
rate stabilization adjustments in Department 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. 8108. (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 ‘‘Operation 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 Veterans Employment, a
nonprofit labor-management co-operation 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. 8109. FINANCING AND FIELDING OF KEY ARMY CAPABILI-
TIES.—The Department of Defense and the Department 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: Provided fur-
ther, That the Army shall ensure that budgetary and programmatic
plans will provide for no fewer than seven (7) Stryker Brigade
Combat Teams.
Grants.
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118 STAT. 997
PUBLIC LAW 108–287—AUG. 5, 2004
SEC. 8110. Of the funds made available in this Act, not less
than $87,900,000 shall be available to maintain an attrition reserve
force of 18 B–52 aircraft, of which $3,700,000 shall be available
from ‘‘Military Personnel, Air Force’’, $55,300,000 shall be available
from ‘‘Operation and Maintenance, Air Force’’, and $28,900,000
shall be available from ‘‘Aircraft Procurement, Air Force’’: Provided,
That the Secretary of the Air Force shall maintain a total force
of 94 B–52 aircraft, including 18 attrition reserve aircraft, during
fiscal year 2005: Provided further, That the Secretary of Defense
shall include in the Air Force budget request for fiscal year 2006
amounts sufficient to maintain a B–52 force totaling 94 aircraft.
SEC. 8111. Of the funds made available under the heading
‘‘Operation and Maintenance, Air Force’’, $9,000,000 shall be avail-
able to realign railroad track on Elmendorf Air Force Base and
Fort Richardson: Provided, That of the funds made available under
the heading ‘‘Operation and Maintenance, Air Force’’, $14,000,000
shall be available for engineering and environment studies nec-
essary to extend the railroad to Stryker Brigade Combat Team
training areas north of Fort Wainwright, Alaska: Provided further,
That the Secretary of the Air Force is authorized, using funds
available under the heading ‘‘Operation and Maintenance, Air
Force’’, to complete a phased repair project, which repairs may
include upgrades and additions, to the infrastructure of the oper-
ational ranges managed by the Air Force in Alaska. The total
cost of such phased projects shall not exceed $32,000,000.
(TRANSFER OF FUNDS)
SEC. 8112. Of the amounts appropriated in Public Law 107–
206 under the heading ‘‘Defense Emergency Response Fund’’, an
amount up to the fair market value of the leasehold interest in
adjacent properties necessary for the force protection requirements
of Tooele Army Depot, Utah, may be made available to resolve
any property disputes associated with Tooele Army Depot, Utah,
and to acquire such leasehold interest as required: Provided, That
none of these funds may be used to acquire fee title to the properties.
SEC. 8113. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $51,425,000 is hereby appro-
priated to the Department of Defense, to remain available until
September 30, 2005: Provided, That the Secretary of Defense shall
make grants in the amounts specified as follows: $5,000,000 to
the Intrepid Sea-Air-Space Foundation; $1,875,000 to the Presidio
Trust only for renovations of the parade field; $1,000,000 to the
Fort Ticonderoga Association; $8,500,000 to the Military Aviation
Museum of the Pacific; $10,000,000 to the Wings of Liberty Military
Museum at Fort Campbell; $2,550,000 to the United Services
Organization; $5,000,000 to the Galena IDEA Distance Learning
Program; $1,500,000 to the Wing Luke Asian Museum; $8,000,000
to the Center for Applied Science and Engineering; $1,000,000
to the Women in Military Service for America Memorial Foundation;
$2,000,000 to the American Red Cross Greater Alleghenies Blood
Services Center; $4,000,000 to the Clarksville-Montgomery County
School System; and $1,000,000 to the National Museum of Cavalry
and Armor at Fort Knox.
SEC. 8114. 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
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not directly related to the conduct of overseas contingencies: Pro-
vided, That the Secretary of Defense shall submit a report no
later than 30 days after the end of each fiscal quarter to the
Committees on Appropriations of the Senate and House of Rep-
resentatives that details any transfer of funds from the ‘‘Overseas
Contingency Operations Transfer Account’’: Provided further, 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. 8115. 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 ‘‘Shipbuilding and Conversion, Navy’’ appropriations
in any prior fiscal year, and the 1 percent limitation shall apply
to the total amount of the appropriation.
SEC. 8116. 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 docu-
ments for costs of United States Armed Forces’ participation in
contingency operations for the Military Personnel accounts, the
Operation and Maintenance accounts, and the Procurement
accounts: Provided, That these documents shall include a descrip-
tion of the funding requested for each contingency operation, for
each military service, to include all Active and Reserve components,
and for each appropriations account: Provided further, That these
documents shall include estimated costs for each element of expense
or object class, a reconciliation of increases and decreases for each
contingency operation, and programmatic data including, but not
limited to, troop strength for each Active and Reserve component,
and 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 Depart-
ment of Defense Financial Management Regulation) for all contin-
gency operations for the budget year and the two preceding fiscal
years.
SEC. 8117. None of the funds in this Act may be used for
research, development, test, evaluation, procurement or deployment
of nuclear armed interceptors of a missile defense system.
SEC. 8118. Notwithstanding any other provision of law, section
2533a(f) of title 10, United States Code, shall hereafter not apply
to any fish, shellfish, or seafood product. This section applies to
contracts and subcontracts for the procurement of commercial items
notwithstanding section 34 of the Office of Federal Procurement
Policy Act (41 U.S.C. 430).
SEC. 8119. Of the amounts provided in title II of this Act
under the heading, ‘‘Operation and Maintenance, Defense-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 officials, to include United States military officers and
civilian officials whose participation directly contributes to the edu-
cation and training of these foreign students.
SEC. 8120. 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 Squadron of the Air Force
Applicability.
Contracts.
10 USC 2533a
note.
10 USC 221 note.
Applicability.
Reports.
Deadlines.
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Reserve, if such action would reduce the WC–130 Weather Recon-
naissance 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
requirements during the non-hurricane season.
SEC. 8121. (a) LAND CONVEYANCES, NORTON AIR FORCE BASE,
CALIFORNIA.—
(1) FOREST SERVICE CONVEYANCE.—Subject to paragraph
(2), the Secretary of Agriculture shall convey to the Inland
Valley Development Agency all right, title, and interest of the
United States in and to a parcel of real property consisting
of approximately 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 Agriculture, upon
terms acceptable to the Federal Aviation Administration, to
provide the United States Forest Service with a replacement
parcel of land of approximately 7.5 acres at the San Bernardino
International Airport adjacent to current facilities of the Forest
Service to be used for aeronautical purposes in furtherance
of wildfire prevention and containment.
(b) AIR FORCE CONVEYANCE.—
(1) Subject to paragraph (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, California,
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.
(2) The Secretary of the Air Force shall make a conveyance
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. 8122. (a) The total amount appropriated or otherwise
made available in titles II, III and IV of this Act is hereby reduced
by $711,000,000 to reflect savings from assumed management
improvements, to be distributed as follows:
‘‘Title II’’, $200,000,000;
‘‘Title III’’, $300,000,000; and
‘‘Title IV’’, $211,000,000.
(b) The Secretary of Defense shall allocate this reduction propor-
tionately to each budget activity, activity group, subactivity group,
and each program, project, and activity within each applicable
appropriation account.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8123. (a) The amount appropriated in title II for ‘‘Oper-
ation and Maintenance, Air Force’’ is hereby reduced by
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$967,200,000 to reflect cash balance and rate stabilization adjust-
ments in the Department of Defense Transportation Working Cap-
ital Fund.
(b) Not later than 270 days after the date of the enactment
of this Act, the Secretary of Defense shall transfer $967,200,000
from the Department of Defense Transportation Working Capital
Fund to ‘‘Operation and Maintenance, Air Force’’ to offset the reduc-
tion made by subsection (a). The transfer required by this subsection
is in addition to any other transfer authority provided to the Depart-
ment of Defense.
SEC. 8124. None of the funds provided in this Act shall be
available for integration of foreign intelligence information unless
the information has been lawfully collected and processed during
the conduct of authorized foreign 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 implemented
through Executive Order No. 12333.
SEC. 8125. Of the amount appropriated under the heading
‘‘Operation and Maintenance, Marine Corps’’ for the Marine Corps
Air-Ground Task Force Training Center, Twenty Nine Palms, Cali-
fornia, $3,900,000 shall be available to the Secretary of the Navy
to enter into a contract, 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 depend-
ents, and for construction of pedestrian and bike lanes for the
road, to provide for the safety of the Marines stationed at the
installation.
SEC. 8126. In addition to amounts appropriated or otherwise
made available in this Act, there is hereby appropriated $2,500,000,
for ‘‘Operation and Maintenance, Marine Corps’’: Provided, That
the Secretary of the Navy shall make a grant in that amount
to the ‘‘Hi-Desert Memorial Health Care District’’, Joshua Tree,
California, for the purposes of providing a capability for non-
invasive assessment, diagnostic testing and treatment in support
of service personnel and their families stationed at the Marine
Corps Air-Ground Task Force Training Center.
SEC. 8127. (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 improvements 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 satisfactory 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 conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 8128. (a) At the time members of reserve components
of the Armed Forces are called or ordered to active duty under
section 12302(a) of title 10, United States Code, each member
Grants.
California.
Contracts.
California.
Deadline.
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118 STAT. 1001
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shall be notified in writing of the expected period during which
the member will be mobilized.
(b) The Secretary of Defense may waive the requirements 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. 8129. The Secretary of the Navy may transfer funds
from any available Department of the Navy appropriation to any
available Navy ship construction appropriation for the purpose of
liquidating necessary changes resulting from inflation, market fluc-
tuations, or rate adjustments 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 appropriation 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 Representatives, unless sooner notified by the Commit-
tees that there is no objection to the proposed transfer: Provided
further, That the transfer authority provided by this section is
in addition to any other transfer authority contained elsewhere
in this Act.
SEC. 8130. The amounts appropriated in title II of this Act
are hereby reduced by $50,000,000 to reflect savings attributable
to the offsetting of payments to contractors for the collection, pursu-
ant to law, of unpaid taxes owed to the United States, as follows:
(1) From ‘‘Operation and Maintenance, Army’’, $11,000,000.
(2) From ‘‘Operation and Maintenance, Navy’’, $13,000,000.
(3) From ‘‘Operation and Maintenance, Marine Corps’’,
$1,000,000.
(4) From ‘‘Operation and Maintenance, Air Force’’,
$25,000,000.
SEC. 8131. The total amount appropriated in title IV is hereby
reduced by $350,000,000 to decrease amounts budgeted in anticipa-
tion of the application of non-statutory funding set asides: Provided,
That this reduction shall be allocated proportionately to each budg-
eted program, program element, project, and activity: Provided fur-
ther, That funds made available for programs of the National For-
eign Intelligence Program (NFIP) are exempt from the application
of this provision.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8132. TANKER REPLACEMENT TRANSFER FUND.—In addi-
tion to funds made available elsewhere in this Act, there is hereby
appropriated $100,000,000, to remain available until transferred:
Provided, That these funds are appropriated to the ‘‘Tanker Replace-
ment 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 Maintenance, Air Force’’, ‘‘Aircraft
Procurement, Air Force’’, and ‘‘Research, Development, Test and
Evaluation, Air Force’’, only for the purposes of proceeding with
Reports.
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118 STAT. 1002
PUBLIC LAW 108–287—AUG. 5, 2004
a tanker acquisition program: Provided further, That funds trans-
ferred 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 transfers
using funds provided in this section, notify the congressional 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 of each fiscal quarter to the congressional
defense committees summarizing the details of the transfer of funds
from this appropriation.
SEC. 8133. None of the funds appropriated or otherwise 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 90-day period beginning on the date
on which the report containing the results of the investigation
regarding insurance premium allotment processing, which is under-
way 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 Com-
mittee on Governmental Affairs of the Senate.
SEC. 8134. The Secretary of Defense shall provide a report
to the congressional defense committees not later than October
15, 2004, that addresses how the Department of Defense (DOD)
is improving the dud rate of cluster munitions to meet existing
DOD policies. This report shall address: (1) the types and quantities
of munitions systems that employ cluster munitions presently in
DOD’s inventory that do and do not meet the 1-percent dud rate
policy; (2) DOD efforts to ensure the development of cluster muni-
tions that meet the 1-percent dud rate policy, including a list
of programs funded in fiscal year 2005; and (3) a schedule describing
the DOD cluster munitions inventory profile from the present until
the time this inventory will meet the 1-percent dud rate policy.
SEC. 8135. Up to $2,600,000 of the funds appropriated under
the heading, ‘‘Operation and Maintenance, Navy’’ in this Act may
be made available to contract for the installation, repair, mainte-
nance, and operation of on-base and adjacent off-base drainage
and flood control systems critical to base operations and the public
health and safety of community residents in the vicinity of the
Naval Magazine Lualualei.
SEC. 8136. From funds provided under the heading ‘‘Operation
and Maintenance, Navy’’, the Secretary of the Navy may make
a grant in the amount of $2,100,000 to the Chicago Public Schools
for establishment of a Naval Military Academy High School, Chi-
cago, Illinois, in partnership with the Great Lakes Naval Training
Center.
SEC. 8137. Of the amount appropriated by title III under the
heading ‘‘Aircraft Procurement, Air Force’’, $880,000 shall be avail-
able to the Secretary of the Air Force for a grant to Rocky Mountain
College, Montana, for the purchase of three Piper aircraft, and
an aircraft simulator, for support of aviation training.
SEC. 8138. It is the sense of the Senate that—
Reports.
Deadline.
Reports.
Reports.
Deadline.
Deadline.
Notification.
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118 STAT. 1003
PUBLIC LAW 108–287—AUG. 5, 2004
(1) any request for funds for a fiscal year for an ongoing
military operation overseas, including operations in Afghani-
stan and Iraq, should be included in the annual budget of
the President for such fiscal year as submitted to Congress
under section 1105(a) of title 31, United States Code; and
(2) any funds provided for such fiscal year for such a
military operation should be provided in appropriations Acts
for such fiscal year through appropriations to specific accounts
set forth in such Acts.
SEC. 8139. Notwithstanding any other provision of law, the
Secretary of the Air Force may, using funds available to the Air
Force, demolish or provide for the demolition of any facilities or
other improvements on real property at the former Wurtsmith
Air Force Base.
SEC. 8140. (a) The total amount appropriated or otherwise
made available in this Act is hereby reduced by $768,100,000 to
reflect excessive unobligated balances, to be distributed as follows:
‘‘Operation and Maintenance, Army’’, $160,800,000;
‘‘Operation and Maintenance, Navy’’, $171,900,000;
‘‘Operation and Maintenance, Marine Corps’’, $15,700,000;
‘‘Operation and Maintenance, Air Force’’, $142,400,000; and
‘‘Operation and Maintenance, Defense-Wide’’, $277,300,000.
(b) The Secretary of Defense shall allocate this reduction propor-
tionately to each budget activity, activity group, subactivity group,
and each program, project, and activity within each applicable
appropriation account.
SEC. 8141. (a) The total amount appropriated or otherwise
made available in title II of this Act is hereby reduced by
$100,000,000 to limit excessive growth in the travel and transpor-
tation of persons.
(b) The Secretary of Defense shall allocate this reduction propor-
tionately to each budget activity, activity group, subactivity group,
and each program, project, and activity within each applicable
appropriation account.
(INCLUDING RESCISSIONS)
SEC. 8142. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from
the following accounts and programs in the specified amounts:
‘‘Aircraft Procurement, Navy, 2002/2004’’, $50,000,000; and
‘‘Aircraft Procurement, Air Force, 2002/2004’’, $50,000,000:
Provided, That in addition to funds made available elsewhere in
this Act, $100,000,000 is hereby appropriated, in the specified
amounts to the following accounts:
‘‘Aircraft Procurement, Navy, 2003/2005’’, $50,000,000; and
‘‘Aircraft Procurement, Air Force, 2003/2005’’, $50,000,000:
Provided further, That this section shall become effective upon
enactment of this Act.
Effective date.
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118 STAT. 1004
PUBLIC LAW 108–287—AUG. 5, 2004
TITLE IX
ADDITIONAL WAR-RELATED APPROPRIATIONS
DEPARTMENT OF DEFENSE—MILITARY
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For an additional amount for ‘‘Military Personnel, Army’’,
$915,700,000.
MILITARY PERSONNEL, NAVY
For an additional amount for ‘‘Military Personnel, Navy’’,
$27,700,000.
MILITARY PERSONNEL, MARINE CORPS
For an additional amount for ‘‘Military Personnel, Marine
Corps’’, $241,700,000.
MILITARY PERSONNEL, AIR FORCE
For an additional amount for ‘‘Military Personnel, Air Force’’,
$64,900,000.
OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, ARMY
For an additional amount for ‘‘Operation and Maintenance,
Army’’, $13,550,000,000.
OPERATION AND MAINTENANCE, NAVY
For an additional amount for ‘‘Operation and Maintenance,
Navy’’, $367,000,000.
OPERATION AND MAINTENANCE, MARINE CORPS
For an additional amount for ‘‘Operation and Maintenance,
Marine Corps’’, $1,665,000,000.
OPERATION AND MAINTENANCE, AIR FORCE
For an additional amount for ‘‘Operation and Maintenance,
Air Force’’, $419,000,000.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
For an additional amount for ‘‘Operation and Maintenance,
Defense-Wide’’, $404,000,000.
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118 STAT. 1005
PUBLIC LAW 108–287—AUG. 5, 2004
IRAQ FREEDOM FUND
(INCLUDING TRANSFER OF FUNDS)
For 
an 
additional 
amount 
for 
‘‘Iraq 
Freedom 
Fund’’,
$3,800,000,000, to remain available for transfer until September
30, 2006, only to support operations in Iraq or Afghanistan and
classified activities: 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 provided under this
heading, $1,800,000,000 shall only be for classified programs,
described in further detail in the classified annex accompanying
this Act: Provided further, That up to $100,000,000 shall be avail-
able for the Department of Homeland Security, ‘‘United States
Coast Guard, Operating Expenses’’: 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 upon a deter-
mination that all or part of the funds transferred from this appro-
priation are not necessary 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 appropriation, notify the
congressional 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 of each fiscal quarter
to the congressional defense committees summarizing the details
of the transfer of funds from this appropriation.
PROCUREMENT
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES,
ARMY
For an additional amount for ‘‘Procurement of Weapons and
Tracked Combat Vehicles, Army’’, $50,000,000, to remain available
until September 30, 2007.
PROCUREMENT OF AMMUNITION, ARMY
For an additional amount for ‘‘Procurement of Ammunition,
Army’’, $110,000,000, to remain available until September 30, 2007.
OTHER PROCUREMENT, ARMY
For an additional amount for ‘‘Other Procurement, Army’’,
$755,000,000, to remain available until September 30, 2007.
AIRCRAFT PROCUREMENT, NAVY
For an additional amount for ‘‘Aircraft Procurement, Navy’’,
$79,000,000, to remain available until September 30, 2007.
Reports.
Deadline.
Notification.
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118 STAT. 1006
PUBLIC LAW 108–287—AUG. 5, 2004
PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS
For an additional amount for ‘‘Procurement of Ammunition,
Navy and Marine Corps’’, $30,000,000, to remain available until
September 30, 2007.
PROCUREMENT, MARINE CORPS
For an additional amount for ‘‘Procurement, Marine Corps’’,
$150,000,000, to remain available until September 30, 2007.
OTHER PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Other Procurement, Air Force’’,
$110,000,000, to remain available until September 30, 2007.
PROCUREMENT, DEFENSE-WIDE
For an additional amount for ‘‘Procurement, Defense-Wide’’,
$50,000,000, to remain available until September 30, 2007.
NATIONAL GUARD AND RESERVE EQUIPMENT
For an additional amount for ‘‘National Guard and Reserve
Equipment’’, $50,000,000, to remain available until September 30,
2007.
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
For an additional amount for ‘‘Defense Working Capital Funds’’,
$1,478,000,000.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
For an additional amount for ‘‘Defense Health Program’’,
$683,000,000 for Operation and maintenance.
GENERAL PROVISIONS, TITLE IX
SEC. 9001. Appropriations provided in this title are available
for obligation until September 30, 2005, unless otherwise so pro-
vided in this title: Provided, That notwithstanding any other provi-
sion of law or of this Act, funds in this title are available for
obligation, and authorities in this title shall apply, upon enactment
of this Act.
SEC. 9002. Notwithstanding any other provision of law or of
this Act, funds made available in this title are in addition to
amounts provided elsewhere in this Act.
(TRANSFER OF FUNDS)
SEC. 9003. (a) Upon his determination that such action is
necessary in the national interest, the Secretary of Defense may
transfer between appropriations up to $1,500,000,000 of the funds
made available to the Department of Defense in this title: Provided,
Applicability.
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118 STAT. 1007
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That the Secretary 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 Appropriations
Act, 2004 (Public Law 108–87; 117 Stat. 1071), is amended—
(1) by striking ‘‘$2,100,000,000’’ and inserting in lieu
thereof ‘‘$2,800,000,000’’; and
(2) by striking all after the third proviso and inserting
the following: ‘‘: Provided further, That transfers among military
personnel appropriations shall not be taken into account for
purposes of the limitation on the amount of funds that may
be transferred under this section.’’.
(c) Section 168(a) of division H of the Consolidated Appropria-
tions Act, 2004 (Public Law 108–199; 118 Stat. 456), is repealed
upon enactment of this Act.
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
years 2004 and 2005 appropriations to the Department of Defense
or to initiate a procurement or research, development, test and
evaluation new start program without prior written notification
to the congressional defense committees.
SEC. 9006. Notwithstanding any other provision of law, from
funds made available in this title to the Department of Defense
for operation and maintenance, not to exceed $500,000,000 may
be used by the Secretary of Defense, with the concurrence of the
Secretary of State, to train, equip and provide related assistance
only to the New Iraqi Army and the Afghan National Army to
enhance their capability to combat terrorism and to support U.S.
military operations in Iraq and Afghanistan: Provided, That such
assistance may include the provision of equipment, supplies, serv-
ices, training and funding: Provided further, That the authority
to provide assistance under this section is in addition to any other
authority to provide assistance to foreign nations: Provided further,
That the Secretary of Defense shall notify the congressional defense
committees, the Committee on International Relations of the House
of Representatives, and the Committee on Foreign Relations of
the Senate not less than 15 days before providing assistance under
the authority of this section.
SEC. 9007. From funds made available in this title to the
Department of Defense, not to exceed $300,000,000 may be used,
notwithstanding any other provision of law, to fund the Com-
mander’s Emergency Response Program, for the purpose of enabling
military commanders in Iraq to respond to urgent humanitarian
relief and reconstruction requirements within their areas of respon-
sibility by carrying out programs that will immediately assist the
Iraqi people, and to fund a similar program to assist the people
of Afghanistan: Provided, That the Secretary of Defense shall pro-
vide quarterly reports to the congressional defense committees
Reports.
Iraq.
Afghanistan.
Notification.
Deadline.
Afghanistan.
Terrorism.
Notification.
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PUBLIC LAW 108–287—AUG. 5, 2004
regarding the source of funds and the allocation and use of funds
made available pursuant to the authority provided in this section.
SEC. 9008. Section 202(b) of the Afghanistan Freedom Support
Act of 2002 (Public Law 107–327, as amended by section 2206
of Public Law 108–106) is amended by striking ‘‘$450,000,000’’
and inserting in lieu thereof ‘‘$550,000,000’’.
SEC. 9009. During the current fiscal year, funds available to
the Department of Defense for operation and maintenance may
be used, notwithstanding any other provision of law, to provide
supplies, services, transportation, including airlift and sealift, and
other logistical support to coalition forces supporting military and
stability operations in Iraq and Afghanistan: Provided, That the
Secretary of Defense shall provide quarterly reports to the congres-
sional defense committees regarding support provided under this
section.
SEC. 9010. (a) Not later than April 30 and October 31 of
each year, the Secretary of Defense shall submit to Congress a
report on the military operations of the Armed Forces and the
reconstruction activities of the Department of Defense in Iraq and
Afghanistan.
(b) Each report shall include the following information:
(1) For each of Iraq and Afghanistan for the half-fiscal
year ending during the month preceding the due date of the
report, the amount expended for military operations of the
Armed Forces and the amount expended for reconstruction
activities, together with the cumulative total amounts expended
for such operations and activities.
(2) An assessment of the progress made toward preventing
attacks on United States personnel.
(3) An assessment of the effects of the operations and
activities in Iraq and Afghanistan on the readiness of the
Armed Forces.
(4) An assessment of the effects of the operations and
activities in Iraq and Afghanistan on the recruitment and reten-
tion of personnel for the Armed Forces.
(5) For the half-fiscal year ending during the month pre-
ceding the due date of the report, the costs incurred for repair
of Department of Defense equipment used in the operations
and activities in Iraq and Afghanistan.
(6) The foreign countries, international organizations, and
nongovernmental organizations that are contributing support
for the ongoing military operations and reconstruction activi-
ties, together with a discussion of the amount and types of
support contributed by each during the half-fiscal year ending
during the month preceding the due date of the report.
(7) The extent to which, and the schedule on which, the
Selected Reserve of the Ready Reserve of the Armed Forces
is being involuntarily ordered to active duty under section
12304 of title 10, United States Code.
(8) For each unit of the National Guard of the United
States and the other reserve components of the Armed Forces
on active duty pursuant to an order to active duty under
section 12304 of title 10, United States Code, the following
information:
(A) The unit.
(B) The projected date of return of the unit to its
home station.
Deadlines.
Reports.
10 USC 113 note.
Reports.
22 USC 7532.
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(C) The extent (by percentage) to which the forces
deployed within the United States and outside the United
States in support of a contingency operation are composed
of reserve component forces.
SEC. 9011. Congress, consistent with international and United
States law, reaffirms that torture of prisoners of war and detainees
is illegal and does not reflect the policies of the United States
Government or the values of the people of the United States.
SEC. 9012. The President shall provide to the Congress a report
detailing the estimated costs over the period from fiscal year 2006
to 2011 of Operation Iraqi Freedom and Operation Enduring
Freedom, or any related military operations in and around Iraq
and Afghanistan, and the estimated costs of reconstruction, internal
security, and related economic support to Iraq and Afghanistan:
Provided, That the President may waive the requirement to submit
this report only if the President certifies in writing to the Congress
that estimates of these future military and economic support costs
cannot be provided for purposes of national security: Provided fur-
ther, That the report referenced above shall be submitted no later
than January 1, 2005.
SEC. 9013. None of the funds made available in this title
may be used to fund any contract in contravention of section 8(d)(6)
of the Small Business Act (15 U.S.C. 637(d)(6)).
SEC. 9014. The Secretary of Defense may present promotional
materials, including a United States flag, to any member of an
Active or Reserve component under the Secretary’s jurisdiction who,
as determined by the Secretary, participates in Operation Enduring
Freedom or Operation Iraqi Freedom.
SEC. 9015. Amounts appropriated or otherwise made available
in this title are each 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) and applicable to the Senate by section 14007
of this Act.
TITLE X
OTHER MATTERS
CHAPTER 1
DEPARTMENT OF STATE
ADMINISTRATION OF FOREIGN AFFAIRS
DIPLOMATIC AND CONSULAR PROGRAMS
For an additional amount for ‘‘Diplomatic and Consular Pro-
grams’’ for costs associated with United States Mission operations,
technological support, logistical support, and necessary security
costs in Iraq, $665,300,000, to remain available until expended.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
For an additional amount for ‘‘Embassy Security, Construction,
and Maintenance’’ for interim facilities for the United States Mis-
sion in Iraq, $20,000,000, to remain available until expended.
Deadline.
Certification.
President.
Reports.
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PUBLIC LAW 108–287—AUG. 5, 2004
GENERAL PROVISIONS, THIS CHAPTER
SEC. 11001. For the purposes of applying sections 204 and
605 of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 2004 (division
B of Public Law 108–199) to matters in title II of such Act under
the heading ‘‘National Institute of Standards and Technology’’ (118
Stat. 69), in the account under the heading ‘‘Industrial Technology
Services’’, the Secretary of Commerce shall make all determinations
based on the Industrial Technology Services funding level of
$218,782,000 for reprogramming and transferring of funds for the
Manufacturing Extension Partnership program and may submit
such a reprogramming or transfer, as the case may be, to the
appropriate committees within 30 days after the date of the enact-
ment of this Act.
SEC. 11002. In addition to amounts otherwise made available
in this Act, $50,000,000, is made available upon enactment for
‘‘Office of Justice Programs—State and Local Law Enforcement
Assistance’’ for discretionary grants under the Edward Byrne Memo-
rial State and Local Law Enforcement Assistance Programs for
reimbursement to State and local law enforcement entities for secu-
rity and related costs, including overtime, associated with the 2004
Presidential Candidate Nominating Conventions, to remain avail-
able until September 30, 2005: Provided, That from funds provided
in this section the Office of Justice Programs shall make grants
in the amount of $25,000,000 to the City of Boston, Massachusetts;
and $25,000,000 to the City of New York, New York.
SEC. 11003. To ensure the continuity of Criminal Justice Act
(CJA) representations by panel attorneys, $26,000,000 is appro-
priated to the Judiciary, ‘‘Courts of Appeals, District Courts, and
Other Judicial Services, Defender Services’’, to remain available
until expended: Provided, That the entire amount shall become
available upon enactment of this Act: Provided further, That the
amounts made available in this section shall only be used for
CJA panel attorney representations.
SEC. 11004. Authorities contained in sections 402, 407, and
605 of division B of Public Law 108–199 shall also apply to amounts
provided in this title for the Department of State.
CHAPTER 2
BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
INTERNATIONAL DISASTER AND FAMINE ASSISTANCE
For an additional amount for ‘‘International Disaster and
Famine Assistance’’, $70,000,000, to remain available until
expended: Provided, That funds appropriated by this paragraph
shall be available to respond to the humanitarian crisis in the
Darfur region of Sudan and in Chad.
Applicability.
Grants.
Massachusetts.
New York.
Applicability.
Deadline.
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118 STAT. 1011
PUBLIC LAW 108–287—AUG. 5, 2004
DEPARTMENT OF STATE
MIGRATION AND REFUGEE ASSISTANCE
For an additional amount for ‘‘Migration and Refugee Assist-
ance’’, $25,000,000, to remain available until expended: Provided,
That funds appropriated by this paragraph shall be available to
respond to the humanitarian crisis in the Darfur region of Sudan
and in Chad.
GENERAL PROVISIONS, THIS CHAPTER
SEC. 12001. (a)(1) Notwithstanding section 514 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321h), the President may
transfer to Israel, in exchange for concessions to be negotiated
by the Secretary of Defense, with the concurrence of the Secretary
of State, any or all of the items described in paragraph (2).
(2) The items referred to in paragraph (1) are armor, artillery,
automatic weapons ammunition, missiles, and other munitions
that—
(A) are obsolete or surplus items;
(B) are in the inventory of the Department of Defense;
(C) are intended for use as reserve stocks for Israel; and
(D) as of the date of enactment of this Act, are located
in a stockpile in Israel.
(b) The value of concessions negotiated pursuant to subsection
(a) shall be at least equal to the fair market value of the items
transferred. The concessions may include cash compensation, serv-
ices, waiver of charges otherwise payable by the United States,
and other items of value.
(c) Not later than 30 days before making a transfer under
the authority of this section, the President shall transmit a notifica-
tion of the proposed transfer to the Committees on Foreign Relations
and Armed Services of the Senate and the Committees on Inter-
national Relations and Armed Services of the House of Representa-
tives. The notification shall identify the items to be transferred
and the concessions to be received.
(d) No transfer may be made under the authority of this section
more than 2 years after the date of the enactment of this Act.
SEC. 12002. Section 514(b)(2) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2321h(b)(2)) is amended—
(1) in subparagraph (A), by striking ‘‘for fiscal year 2003’’
and inserting ‘‘for each of fiscal years 2004 and 2005’’; and
(2) in subparagraph (B), by striking ‘‘for fiscal year 2003’’
and inserting ‘‘for a fiscal year’’.
Deadline.
President.
Notification.
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PUBLIC LAW 108–287—AUG. 5, 2004
CHAPTER 3
SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2004
FOR URGENT WILDLAND FIRE SUPPRESSION ACTIVITIES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
WILDLAND FIRE MANAGEMENT
For an additional amount for fiscal year 2004 for ‘‘Wildland
Fire Management’’, $100,000,000, to remain available until
expended, for urgent wildland fire suppression activities related
to the fiscal year 2004 fire season pursuant to section 312 of
S. Con. Res. 95 (108th Congress): Provided, That such funds are
also available for repayment of advances to other appropriations
accounts from which funds are transferred for such purposes: Pro-
vided further, That cost containment measures shall be imple-
mented within this account for fiscal year 2004, and the Secretary
of the Interior shall submit to the Committees on Appropriations
of the Senate and the House of Representatives a report on such
cost containment measures by December 31, 2004.
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
WILDLAND FIRE MANAGEMENT
For an additional amount for fiscal year 2004 for ‘‘Wildland
Fire Management’’, $400,000,000, to remain available until
expended, for urgent wildland fire suppression activities related
to the fiscal year 2004 fire season pursuant to section 312 of
S. Con. Res. 95 (108th Congress): Provided, That such funds are
also available for repayment of advances to other appropriations
accounts from which funds are transferred for such purposes: Pro-
vided further, That the Secretary of Agriculture shall establish
an independent cost-control review panel to examine and report
on fire suppression costs for individual wildfire incidents that exceed
$10,000,000 in cost: Provided further, That if the independent
review panel report finds that appropriate actions were not taken
to control suppression costs for one or more such wildfire incidents,
then an amount equal to the aggregate estimated excess costs
of suppressing those wildfire incidents shall be transferred to the
Treasury from unobligated balances remaining at the end of fiscal
year 2004 in the Wildland Fire Management account, if available.
CHAPTER 4
GENERAL PROVISIONS, THIS TITLE
SEC. 14001. Appropriations provided in this title are available
for obligation until September 30, 2005, unless otherwise so pro-
vided in this title.
SEC. 14002. Funds in this title are available for obligation
and authorities in this title shall apply upon enactment of this
Act.
Applicability.
Establishment.
Reports.
Reports.
Deadline.
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PUBLIC LAW 108–287—AUG. 5, 2004
SEC. 14003. (a) Public Law 108–199 is amended in division
F, title I, section 110(g) by striking ‘‘Of the’’ and inserting ‘‘Prior
to distributing’’; striking ‘‘each’’ every time it appears and inserting
‘‘the’’; striking ‘‘project’’ every time it appears and inserting
‘‘projects’’.
(b) The limitation under the heading ‘‘Federal-aid Highways
(Limitation on Obligations) (Highway Trust Fund)’’ in Public Law
108–199 is increased by such sums as may be necessary to ensure
that each State receives an amount of obligation authority equal
to what each State would have received under division F, title
I, section 110(a)(6) of Public Law 108–199 but for the amendment
made to division F, title I, section 110(g) of Public Law 108–
199 by subsection (a) of this section: Provided, That such additional
authority shall remain available during fiscal years 2004 and 2005:
Provided further, That for each State receiving an amount of obliga-
tion authority greater than what each State would have received
under division F, title I, section 110(a)(6) of Public Law 108–
199 but for the amendment made to division F, title I, section
110(g) of Public Law 108–199 by subsection (a) of this section,
such additional obligation authority shall remain available during
fiscal years 2004 and 2005.
SEC. 14004. (a) RESCISSION.—Upon enactment of this Act, there
is rescinded an amount equal to $795,280 from the amount appro-
priated to carry out part B of title VII of the Higher Education
Act of 1965, in title III of division E of the Consolidated Appropria-
tions Act, 2004 (Public Law 108–199; 118 Stat. 3). This amount
shall reduce the funds available for the projects specified in the
statement of the managers on the Conference Report 108–401
accompanying the Consolidated Appropriations Act, 2004 (Public
Law 108–199; 118 Stat. 3).
(b) DISREGARD AMOUNT.—In the statement of the managers
on the Conference Report 108–401 accompanying the Consolidated
Appropriations Act, 2004 (Public Law 108–199; 118 Stat. 3), in
the matter in title III of division E, relating to the Fund for
the Improvement of Postsecondary Education under the heading
‘‘Higher Education’’, the provision specifying $800,000 for Wahpeton
State School of Science and North Dakota State University to
recruit, retain and train pharmacy technicians shall be disregarded.
(c) APPROPRIATION.—There is appropriated an amount equal
to $795,280 to the Department of Labor, Employment and Training
Administration for ‘‘Training and Employment Services’’, available
for obligation for the period from July 1, 2004, through June 30,
2005, of which—
(1) $200,000 shall be made available to the North Dakota
State School of Science to recruit, retain, and train pharmacy
technicians;
(2) $297,640 shall be made available to Bismarck State
College for training and education related to its electric power
plant technologies curriculum; and
(3) $297,640 shall be made available for Minot State
University for the Job Corps Fellowship Training Program.
(d) The matter under the heading ‘‘Institute of Museum and
Library Services’’ in title IV of the Departments of Labor, Health
and Human Services, and Education, and Related Agencies Appro-
priations Act, 2004, (Public Law 108–199, division E) is amended
by striking ‘‘Michigan Space and Science Center, Jackson, Michigan,
Ante, p. 270.
Ante, p. 293.
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118 STAT. 1014
PUBLIC LAW 108–287—AUG. 5, 2004
for development of the strategic plan, operational costs and per-
sonnel’’ and inserting ‘‘Jackson Intermediate School District, Jack-
son, Michigan, for equipment and materials for the Math and
Science Resource Library’’.
SEC. 14005. Of the unobligated amounts available for the Dis-
trict of Columbia Public Schools under this heading, $10,600,000
are rescinded immediately upon enactment of this Act. For a Federal
payment to the District of Columbia under this heading,
$10,600,000, available immediately upon enactment of this Act,
to improve public school education in the District of Columbia,
to remain available until September 30, 2005.
SEC. 14006. The numerical limitation contained in section
214(g)(1)(B) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(1)(B)) shall not apply to any nonimmigrant alien issued
a visa or otherwise provided status under section 101(a)(15)(H)(ii)(b)
of such Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) who is employed (or
has received an offer of employment) as a fish roe processor, a
fish roe technician, or a supervisor of fish roe processing.
SEC. 14007. 2005 DISCRETIONARY LIMITS. (a) IN GENERAL.—
For the purposes of section 302(a) of the Congressional Budget
Act of 1974, the allocation of the appropriate levels of budget
totals for the Senate Committee on Appropriations for fiscal year
2005 shall be—
(1) for total discretionary spending—
(A) $821,419,000,000 in total new budget authority;
and
(B) $905,328,000,000 in total budget outlays; and
(2) for mandatory—
(A) $460,008,000,000 in total new budget authority;
and
(B) $445,525,000,000 in total budget outlays;
until a concurrent resolution on the budget for fiscal year 2005
is agreed to by the Senate and the House of Representatives pursu-
ant to section 301 of the Congressional Budget Act of 1974.
(b) ADJUSTMENTS AND LIMITS.—The following limits and adjust-
ments provided in S. Con. Res. 95 (108th Congress) shall apply
to subsection (a):
(1) Sections 311 and 403 for fiscal year 2005.
(2) Sections 312 and 402 which shall apply to both fiscal
years 2004 and 2005.
(c) DEFINITION.—In this section, the term ‘‘total discretionary
spending’’ includes the discretionary category, the mass transit
category, and the highway category.
(d) REPEAL.—Section 504 of H. Con. Res. 95 (108th Congress)
is repealed.
(e) EFFECTIVE DATE.—This section shall take effect on the
date of enactment of this Act.
SEC. 14008. Amounts appropriated or otherwise made available
in chapters 1 and 2 of this title are each 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) and applicable to the Senate
by section 14007 of this Act.
Applicability.
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PUBLIC LAW 108–287—AUG. 5, 2004
LEGISLATIVE HISTORY—H.R. 4613 (S. 2559):
HOUSE REPORTS: Nos. 108–553 (Comm. on Appropriations) and 108–622 (Comm.
of Conference).
SENATE REPORTS: No. 108–284 accompanying S. 2559 (Comm. on Appropria-
tions).
CONGRESSIONAL RECORD, Vol. 150 (2004):
June 22, considered and passed House.
June 24, considered and passed Senate, amended, in lieu of S. 2559.
July 22, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):
Aug. 5, Presidential remarks.
This Act may be cited as the ‘‘Department of Defense Appropria-
tions Act, 2005’’.
Approved August 5, 2004.
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