Text: H.R.4613 — 108th Congress (2003-2004)All Information (Except Text)

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Public Law No: 108-287 (08/05/2004)

 
[108th Congress Public Law 287]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ287.108]


[[Page 118 STAT. 951]]

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. <<NOTE: Aug. 5, 
                         2004 -  [H.R. 4613]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Department of 
Defense Appropriations Act, 2005.>> 

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 stations, for members of 
the Army on active duty, (except members of reserve components provided 
for elsewhere), cadets, and aviation cadets; and for payments pursuant 
to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), 
and to the Department of Defense Military Retirement Fund, 
$29,381,422,000.

                        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 stations, 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 stations, for members of 
the Marine Corps on active duty (except

[[Page 118 STAT. 952]]

members of the Reserve provided for elsewhere); and for payments 
pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 
note), and to the Department of Defense Military Retirement Fund, 
$9,581,102,000.

                      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 stations, 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 undergoing 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.

[[Page 118 STAT. 953]]

                      Reserve Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air Force Reserve on active duty 
under sections 10211, 10305, and 8038 of title 10, United States Code, 
or while serving on active duty under section 12301(d) of title 10, 
United States Code, in connection with performing duty specified in 
section 12310(a) of title 10, United States Code, or 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 undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$2,540,242,000.

                                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

[[Page 118 STAT. 954]]

this heading, $1,900,000 shall be available for Fort Baker, in 
accordance with the terms and conditions as provided under the heading 
``Operation and Maintenance, Army'', in Public Law 107-117.

                     Operation and Maintenance, Navy

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Navy and the Marine Corps, as 
authorized by law; and not to exceed $4,525,000 can be used for 
emergencies and extraordinary expenses, to be expended on the approval 
or authority of the Secretary of the Navy, and payments may be made on 
his certificate of necessity for confidential military 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 provision 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 Department 
of Defense (other than the military departments), as authorized 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 provision of law, of the funds provided in this Act for Civil 
Military programs under this heading, $500,000 shall be available for a 
grant for Outdoor Odyssey, 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

[[Page 118 STAT. 955]]

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 accompany 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 purchases, $500,000 shall be used by the National 
Geospatial-Intelligence 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 headquarters 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 appropriations or research, development, test 
and evaluation appropriations, to be merged with and to be available for 
the same time period as the appropriations to which transferred: 
Provided further, That 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 equipment; 
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 equipment; 
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.

[[Page 118 STAT. 956]]

             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 transportation; 
care of the dead; recruiting; procurement of services, supplies, 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, operation, and repairs 
to structures and facilities; hire of passenger motor vehicles; 
personnel services in the National Guard Bureau; travel expenses (other 
than mileage), as authorized by law for Army personnel on active duty, 
for Army National Guard division, regimental, and battalion commanders 
while inspecting units in compliance with National Guard Bureau 
regulations when specifically 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, modification, 
maintenance, and issue of supplies and equipment, including those 
furnished from stocks under the control of agencies of the Department of 
Defense; travel expenses (other than mileage) on the same basis as 
authorized by law for Air National Guard personnel on active Federal 
duty, for Air National Guard commanders while inspecting units in 
compliance with National Guard Bureau regulations when specifically 
authorized by the Chief, National Guard Bureau, $4,472,738,000.

            Overseas Contingency Operations Transfer Account


                      (including transfer of funds)


    For expenses directly relating to Overseas Contingency Operations by 
United States military forces, $10,000,000, to remain available until 
expended: Provided, That the Secretary of Defense

[[Page 118 STAT. 957]]

may transfer these funds only to military personnel accounts; operation 
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: Provided further, That upon a determination that 
all or part of the funds transferred from this appropriation are not 
necessary for the purposes provided herein, such amounts may be 
transferred back to this appropriation: Provided further, That the 
transfer authority provided in this paragraph is in addition to any 
other transfer authority contained elsewhere in this Act.

           United States Court of Appeals for the Armed Forces

    For salaries and expenses necessary for the United States Court of 
Appeals for the Armed Forces, $10,825,000, of which not to exceed $5,000 
may be used for official representation purposes.

                     Environmental Restoration, Army


                      (including transfer of funds)


    For the Department of the Army, $400,948,000, to remain available 
until transferred: Provided, That the 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 available to the Department of the Army, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which transferred: Provided 
further, That upon a determination that all or part of the funds 
transferred from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation.

                     Environmental Restoration, Navy


                      (including transfer of funds)


    For the Department of the Navy, $266,820,000, to remain available 
until transferred: Provided, That the Secretary of the Navy shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of the Navy, or for similar purposes, 
transfer the funds made available by this 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 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.

[[Page 118 STAT. 958]]

                  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 available to the 
Department of the Air Force, to be merged with and to be available for 
the same purposes and for the same time period as the appropriations to 
which transferred: Provided further, That upon a determination that all 
or part of the funds transferred from this appropriation are not 
necessary for the purposes provided herein, such amounts may be 
transferred back to this appropriation.

                 Environmental Restoration, Defense-Wide


                      (including transfer of funds)


    For the Department of Defense, $23,684,000, to remain available 
until transferred: Provided, That the Secretary of Defense shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of Defense, or for similar purposes, 
transfer the funds made available by this 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 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, 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 available by this appropriation to other appropriations 
made available to the Department of the Army, to be merged with and to 
be available for the same purposes and for the same time period as the 
appropriations to which transferred: Provided further, That upon a 
determination that all or part of the funds transferred from this 
appropriation are not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation.

             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

[[Page 118 STAT. 959]]

2561 of title 10, United States Code), $59,000,000, to remain available 
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 facilitating 
the elimination and the safe and secure transportation and storage of 
nuclear, chemical and other weapons; for establishing programs to 
prevent the proliferation of weapons, weapons components, and weapon-
related technology and expertise; for programs relating to the training 
and support of defense and military personnel for demilitarization and 
protection of weapons, weapons components and weapons technology and 
expertise, and for defense and military contacts, $409,200,000, to 
remain available until September 30, 2007: Provided, That of the amounts 
provided under this heading, $15,000,000 shall be available only to 
support the dismantling and disposal of nuclear submarines, submarine 
reactor components, and 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; 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, $2,854,541,000, 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; 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, $1,307,000,000, to remain available for obligation until 
September 30, 2007.

[[Page 118 STAT. 960]]

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For construction, procurement, production, and modification of 
weapons and tracked combat vehicles, equipment, including ordnance, 
spare parts, and 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 passenger vehicles but 
not to exceed $200,000 per vehicle; communications and electronic 
equipment; other support equipment; spare parts, ordnance, and 
accessories therefor; specialized equipment and training devices; 
expansion of public and private plants, including the land necessary 
therefor, for the foregoing purposes, and such lands and interests 
therein, may be acquired, and construction prosecuted thereon prior to 
approval of title; and procurement and installation of equipment, 
appliances, and machine tools in public and private plants; reserve 
plant and 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

[[Page 118 STAT. 961]]

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;

[[Page 118 STAT. 962]]

            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 
        destination 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 construction or conversion of 
any naval vessel to be constructed in shipyards in the United States 
shall be expended in foreign facilities for the construction of major 
components of such vessel: Provided further, That none of the funds 
provided under this heading shall be used for the construction of any 
naval vessel in foreign shipyards.

                         Other Procurement, Navy

    For procurement, production, and modernization of support equipment 
and materials not otherwise provided for, Navy ordnance (except ordnance 
for new aircraft, new ships, and ships authorized for conversion); the 
purchase of passenger motor vehicles for replacement only, and the 
purchase of 9 vehicles required for physical security of 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.

[[Page 118 STAT. 963]]

                     Aircraft Procurement, Air Force

    For construction, procurement, and modification of aircraft and 
equipment, including armor and armament, specialized ground handling 
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 equipment layaway; and other 
expenses necessary for the foregoing purposes including rents and 
transportation of things, $13,648,304,000, to remain available for 
obligation until September 30, 2007: Provided, 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 reduction 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 structures, and 
acquisition of land, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the foregoing 
purposes including rents and transportation of things, $4,458,113,000, 
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.

[[Page 118 STAT. 964]]

                      Other Procurement, Air Force

    For procurement and modification of equipment (including ground 
guidance and electronic control equipment, and ground electronic 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, notwithstanding 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 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, $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, <<NOTE: Deadline.>> That 
the Chiefs of the Reserve and National Guard components shall, not later 
than 30 days after the enactment of this Act, individually submit to the 
congressional defense committees the modernization priority assessment 
for their respective Reserve or National Guard component.

                    Defense Production Act Purchases

    For activities by the Department of Defense pursuant to sections 
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C. 
App. 2078, 2091, 2092, and 2093), $42,765,000, to remain available until 
expended.

[[Page 118 STAT. 965]]

                                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 available for the Cobra Judy program.

          Research, Development, Test and Evaluation, Air Force

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including 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 Evaluation, 
in the direction and supervision of operational test and evaluation, 
including initial operational test and evaluation which is conducted 
prior to, and in support of, production decisions; joint operational 
testing and evaluation; and administrative expenses in connection 
therewith, $314,835,000, to remain available for obligation until 
September 30, 2006.

[[Page 118 STAT. 966]]

                                 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 shipboard 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 restrictions 
in the first proviso 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.

                                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 Operation and 
maintenance, of which not to exceed 2 percent shall remain available 
until September 30, 2006, and of which up to $8,953,494,000 may be 
available for contracts entered into under the TRICARE program; of which 
$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 Operation 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

[[Page 118 STAT. 967]]

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 activities undertaken 
in connection with U.S. military training, exercises, and humanitarian 
assistance activities conducted primarily in African nations: Provided 
further, That Title VI of the Department of Defense Appropriations Act, 
2004, in the appropriation for the Defense Health Program, <<NOTE: 117 
Stat. 1069.>> is amended by adding before the period a comma and the 
following: ``and of which not less than $4,250,000 shall be available 
for HIV prevention educational activities undertaken in connection with 
U.S. military training, exercises, and humanitarian assistance 
activities conducted primarily in African nations''.

             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, development, 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 Department 
of Defense, for transfer to appropriations available to the Department 
of Defense for military personnel of the reserve components 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: Provided, That the funds 
appropriated under this heading shall be available for obligation for 
the same time period and for the same purpose as the appropriation to 
which transferred: Provided further, That upon a determination that all 
or part of the funds transferred from this appropriation are not 
necessary for the purposes provided herein, such amounts may be 
transferred back to this appropriation: Provided further, That the 
transfer authority provided 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 General 
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

[[Page 118 STAT. 968]]

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 Management 
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 responsibilities, 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 
computer exploitation of materials collected in Federal, State, and 
local law enforcement activity associated with counter-drug, counter-
terrorism, and national security investigations and operations.

                 National Security Education Trust Fund

    For the purposes of title VIII of Public Law 102-183, $8,000,000, to 
be derived from the National Security Education Trust Fund, to remain 
available until 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 authorized by the 
Congress.
    Sec. 8002. <<NOTE: 10 USC 1584 note.>> 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

[[Page 118 STAT. 969]]

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 Department of Defense or 
funds made available in this Act to the Department 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, <<NOTE: Notification.>> That the Secretary of Defense shall 
notify the Congress promptly of all transfers made pursuant to this 
authority or any other authority in this Act: Provided further, That no 
part of the funds in this Act shall be available to prepare or present a 
request to the Committees on Appropriations for reprogramming of funds, 
unless for higher priority items, based on 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, <<NOTE: Deadline.>> 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 
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.

[[Page 118 STAT. 970]]

                           (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. <<NOTE: Notification.>> 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. <<NOTE: Contracts. Notifications. 10 USC 2306b 
note.>> 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 further, That no 
multiyear procurement contract can be terminated without 10-day prior 
notification to the congressional defense committees: Provided further, 
That the execution of multiyear authority shall require the use of a 
present value analysis to determine lowest cost compared to an annual 
procurement: 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;

[[Page 118 STAT. 971]]

            (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. <<NOTE: 10 USC 401 note.>> Within the funds appropriated 
for the operation and maintenance of the Armed Forces, funds are hereby 
appropriated pursuant to section 401 of title 10, United States Code, 
for humanitarian and civic assistance costs under chapter 20 of title 
10, United States Code. <<NOTE: Reports.>> 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 Territories of the 
Pacific Islands and freely associated states of Micronesia, pursuant to 
the Compact of Free Association as authorized by Public Law 99-239: 
Provided further, That upon a determination by the 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 transportation 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 documentation 
supporting the fiscal year 2006 Department of Defense budget request 
shall be prepared and submitted to the Congress as if subsections (a) 
and (b) of this provision were effective with regard to fiscal year 
2006.
    (c) Nothing in this section shall be construed to apply to military 
(civilian) technicians.
    Sec. 8011. <<NOTE: Notification.>> 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 
Appropriations.

    Sec. 8012. <<NOTE: Lobbying.>> 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

[[Page 118 STAT. 972]]

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, <<NOTE: Applicability.>> That this subsection applies only to 
active components 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 Department 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 
                personnel-related costs for performance of that activity 
                or function 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 
                insurance plan available to the workers who are to be 
                employed in the performance of that activity or function 
                under the contract; or
                    (B) offering to such workers an employer-sponsored 
                health benefits plan that requires the employer to 
                contribute 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 subsection 
        (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 
        contrary 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.

[[Page 118 STAT. 973]]

                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 
        contracts for depot maintenance as provided in sections 2469 and 
        2474 of title 10, United States Code.

    (c) Treatment of Conversion.--The conversion of any activity or 
function of the Department of Defense under the authority provided by 
this section shall be credited 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 transferred to 
any other appropriation contained in this Act solely for the purpose of 
implementing a Mentor-Protege Program developmental 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 components of anchor and mooring chain shall be 
considered to be produced or manufactured in the United States if the 
aggregate cost of the components produced or manufactured in the United 
States exceeds the aggregate cost of the components produced or 
manufactured outside the United States: Provided 
further, <<NOTE: Certification.>> That when adequate domestic supplies 
are not available to meet Department of Defense requirements on a timely 
basis, the Secretary of the service responsible for the procurement may 
waive this 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 <<NOTE: Regulations.>> this 
limitation does not apply in the case of inpatient mental health 
services provided under the program for persons with disabilities under 
subsection (d) of section 1079 of title 10, United States

[[Page 118 STAT. 974]]

Code, provided as partial hospital care, or provided pursuant to a 
waiver authorized by the Secretary of Defense because of medical or 
psychological circumstances of the patient that are confirmed by a 
health professional who is not a Federal employee after a review, 
pursuant to rules prescribed by the Secretary, which takes into account 
the appropriate level of care for the patient, the intensity of services 
required by the patient, and the availability of that care.

    Sec. 8018. <<NOTE: 10 USC 2687 note.>> 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 governments in NATO member states a separate account into which 
such residual value amounts negotiated in the return of United States 
military installations in NATO member states may be deposited, in the 
currency of the host nation, in lieu of direct monetary transfers to the 
United 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: <<NOTE: Reports. Deadline.>> Provided further, That each such 
executive agreement with a NATO member host nation shall be reported to 
the congressional defense committees, 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: <<NOTE: Certification.>> 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 subcontractor at any tier that 
makes a subcontract award to any subcontractor or supplier as defined in 
25 U.S.C. 1544 or a small business owned and controlled by an individual 
or individuals defined under 25 U.S.C. 4221(9) shall be considered a 
contractor for the purposes of being allowed additional compensation 
under section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544) 
whenever the prime contract or subcontract amount is over $500,000 and 
involves the expenditure of funds appropriated by an Act making 
Appropriations

[[Page 118 STAT. 975]]

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 manufactured, in whole or in 
part by any subcontractor or supplier defined in 25 U.S.C. 1544 or a 
small business owned and controlled by an individual or individuals 
defined under 25 U.S.C. 4221(9): Provided further, That businesses 
certified as 8(a) by the Small Business 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 regulation, 
the Secretary of Defense may adjust wage rates for civilian employees 
hired for certain health care occupations as authorized for the 
Secretary of Veterans 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 comprising 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) <<NOTE: Deadlines.>> 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 Department 
of the Air Force and the owners of the allotment. The Secretary 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) <<NOTE: Deadline.>> 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,

[[Page 118 STAT. 976]]

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 
        Procurement, 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 (department) 
federally funded research and development center (FFRDC), either as a 
new entity, or as a separate entity administrated by an organization 
managing another FFRDC, or as a nonprofit membership corporation 
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 contributions, 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: Provided further, That this 
subsection shall not apply to staff years funded in the National Foreign 
Intelligence Program (NFIP).
    (e) <<NOTE: Reports.>> 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.

[[Page 118 STAT. 977]]

    (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, <<NOTE: Applicability.>> 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 Representatives and the Senate that 
adequate domestic supplies are not available to meet Department of 
Defense requirements on a timely basis and that such an acquisition must 
be made in order to acquire capability for national security purposes: 
Provided further, That these restrictions shall not apply to contracts 
which are in being as of the date of the enactment of this Act.

    Sec. 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 Appropriations 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 competition between Department of 
Defense depot maintenance activities and private firms: 
Provided, <<NOTE: Certification.>> 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) <<NOTE: 41 USC 10b-2.>> If the Secretary of 
Defense, after consultation with the United States Trade Representative, 
determines that a foreign country which is party to an agreement 
described in paragraph (2) has violated the terms of the agreement by 
discriminating against certain types of products produced in the United 
States that are covered by the agreement, the Secretary of Defense shall 
rescind the Secretary's blanket waiver of the Buy 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) <<NOTE: Reports.>> 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

[[Page 118 STAT. 978]]

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. <<NOTE: 10 USC 2667 note.>> 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 
conditions specified by 40 U.S.C. 572(b)(5)(B) and 10 U.S.C. 
2667(d)(1)(B), to be merged with and to be available for the same time 
period and the same purposes as the appropriation to which 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 subsequent Act of Congress.
    Sec. 8036. <<NOTE: President. 10 USC 221 note.>> 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 
appropriation for that fiscal year for salaries and expenses related to 
administrative activities of the Department of Defense, the military 
departments, and the defense agencies.

    Sec. 8037. <<NOTE: 10 USC 374 note.>> 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 provision of 
law, the Secretary of the Air Force may convey at no cost to the Air 
Force, without consideration, to Indian tribes located in the States of 
North Dakota, South Dakota, Montana, and Minnesota relocatable military 
housing units located at Grand Forks

[[Page 118 STAT. 979]]

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 subsection (b).
    (d) Indian Tribe Defined.--In this section, the term ``Indian 
tribe'' means any recognized Indian tribe included on the current list 
published by the Secretary of the Interior under section 104 of the 
Federally Recognized Indian Tribe Act of 1994 (Public Law 103-454; 108 
Stat. 4792; 25 U.S.C. 479a-1).
    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 investment item for 
the purpose of acquiring a new inventory item for sale or anticipated 
sale during the current fiscal year or a subsequent fiscal year to 
customers of the Department of Defense Working Capital Funds if such an 
item would not have been chargeable to the Department of Defense 
Business Operations Fund during fiscal year 1994 and if the purchase of 
such an investment item would be chargeable during the current fiscal 
year to appropriations made to the Department of Defense for 
procurement.
    (b) The fiscal year 2006 budget request for the Department of 
Defense as well as all justification material and other documentation 
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 budgeted for in a proposed 
fiscal year 2006 procurement appropriation and not in the supply 
management business area or any other area or category of the Department 
of Defense Working Capital Funds.
    Sec. 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 appropriated for the 
Reserve for Contingencies, which shall remain available until September 
30, 2006: <<NOTE: 50 USC 403u note.>> 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 development acquisition, 
for agent operations, and for covert action programs authorized by the 
President under section 503 of the National Security Act of 1947, as 
amended, shall remain available until September 30, 2006.

[[Page 118 STAT. 980]]

    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 General 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 damage, 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 contracting 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 Congress 
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 services 
entered into without competition on the basis of an unsolicited proposal 
unless the head of the activity responsible for the procurement 
determines--
            (1) as a result of thorough technical evaluation, only one 
        source is found fully qualified to perform the proposed work;
            (2) the purpose of the contract is to explore an unsolicited 
        proposal which offers significant scientific or technological 
        promise, represents the product of original thinking, and was 
        submitted in confidence by one source; or
            (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 
        limitation 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

[[Page 118 STAT. 981]]

        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 
        headquarters.

    (b) The Secretary of Defense or Secretary of a military department 
may waive the limitations in subsection (a), on a case-by-case basis, if 
the Secretary determines, and certifies to the Committees on 
Appropriations of the House of Representatives and Senate that the 
granting of the waiver will reduce the personnel requirements or the 
financial requirements of the department.
    (c) This section does not apply to field operating agencies funded 
within the National Foreign Intelligence Program.


                      (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 exploration and research ship.
    (b) Upon a transfer of the vessel USNS Capable (T-AGOS 16) under 
subsection (a), the Secretary of the Navy shall transfer to the 
Secretary of Commerce $18,000,000 out of funds appropriated by title IV 
under the heading ``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;

[[Page 118 STAT. 982]]

            ``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) technicians 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 reduction 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 specifically 
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 submitted by a 
Governor of a State and approved by the Secretary of Defense under 
section 112 of title 32, United States Code: Provided, That during the 
performance of such duty, the members of the National Guard shall be 
under State command and control: Provided further, That such duty shall 
be treated as full-time National Guard duty for purposes of sections 
12602(a)(2) and (b)(2) of title 10, United States Code.
    Sec. 8053. Funds appropriated in this Act for 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) aggregate: 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 facilities 
below the September 30, 2003 level: 
Provided, <<NOTE: Certification.>> That the Service Surgeons General may 
waive this section by certifying to the congressional defense committees 
that the beneficiary population is declining in some catchment areas and 
civilian strength reductions may be consistent with responsible resource 
stewardship and capitation-based budgeting.

    Sec. 8055. <<NOTE: Deadline. Certification. 10 USC 2674 note.>> (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, construction, and installation of equipment for the renovation 
of wedges 2 through 5 of the Pentagon Reservation, cumulatively, will 
not

[[Page 118 STAT. 983]]

exceed four times the total cost for the planning, design, construction, 
and installation of equipment for the renovation of wedge 1.

    (b) Annual Adjustment.--For purposes of applying the limitation in 
subsection (a), the Secretary shall adjust the cost for the renovation 
of wedge 1 by any increase or decrease in costs attributable to economic 
inflation, based on the most recent economic assumptions issued by the 
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 
        September 11, 2001;
            (2) any increase in costs for wedges 2 through 5 
        attributable to compliance with new requirements of Federal, 
        State, or local laws; and
            (3) any increase in costs attributable to 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 certification 
under subsection (a), the Secretary shall report the projected 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) <<NOTE: Applicability.>> Duration of Certification 
Requirement.--The requirement to make an annual certification under 
subsection (a) shall apply until the Secretary certifies to Congress 
that the renovation of the Pentagon Reservation is completed.

    Sec. 8056. Notwithstanding any other provision of law, that not more 
than 35 percent of funds provided in this Act for environmental 
remediation may be obligated under indefinite delivery/indefinite 
quantity contracts with a total contract value of $130,000,000 or 
higher.
    Sec. 8057. <<NOTE: 10 USC 374 note.>> (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) <<NOTE: 50 USC 403f note.>> 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 
appropriations law.


                           (transfer of funds)


    Sec. 8058. <<NOTE: 10 USC 2865 note.>> Appropriations available 
under the heading ``Operation 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

[[Page 118 STAT. 984]]

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: Provided, That the 
Secretary of the military department responsible for such procurement 
may waive this restriction on a case-by-case basis by certifying in 
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: 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 nonreimbursable 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. <<NOTE: Contracts.>> 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 requirements 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

[[Page 118 STAT. 985]]

for in Defense Appropriations Acts, or provisions of Acts providing 
supplemental appropriations for the Department of Defense.
    Sec. 8064. <<NOTE: Notification.>> (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 committees, 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) <<NOTE: Applicability.>> 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-enforcement, 
        or humanitarian assistance operation.

    (c) Required Notice.--A notice under subsection (a) shall include 
the following:
            (1) A description of the equipment, supplies, or services to 
        be transferred.
            (2) A statement of the value of the equipment, supplies, or 
        services to be transferred.
            (3) In the case of a proposed transfer of 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. <<NOTE: 10 USC 2540 note.>> 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 
exposure 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: <<NOTE: Reports.>> Provided 
further, That the Secretary shall provide quarterly reports to the 
Committees on Appropriations, Armed Services, and Foreign Relations of 
the Senate and the Committees on Appropriations, Armed Services, and 
International Relations in the House of Representatives on the 
implementation of this program: Provided further, That amounts charged 
for administrative fees and deposited to the special account provided 
for under section 2540c(d) of title 10, shall be available for paying 
the costs of 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

[[Page 118 STAT. 986]]

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 balance, 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 
        appropriation under this section may not exceed an amount equal 
        to 1 percent of the total appropriation for that account.

[[Page 118 STAT. 987]]

    Sec. 8070. <<NOTE: 10 USC 2241 note.>> 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: Provided, That for the purpose 
of this section, supervision and administration 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 requirements: 
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

[[Page 118 STAT. 988]]

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) <<NOTE: Applicability.>> 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) <<NOTE: Human rights.>> 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 propulsion diesel 
engines and propulsors are manufactured in the United

[[Page 118 STAT. 989]]

States by a domestically operated 
entity: <<NOTE: Certification.>> Provided, 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 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. <<NOTE: Reports.>> Notwithstanding any other provision of 
law, funds appropriated in this Act under the heading ``Research, 
Development, Test and Evaluation, Defense-Wide'' for any advanced 
concept technology demonstration project may only be obligated 30 days 
after a report, including a description of the project, the planned 
acquisition and transition strategy and its estimated annual and total 
cost, has been provided in writing to the congressional defense 
committees: <<NOTE: Certification.>> Provided, That the Secretary of 
Defense may waive this restriction on a case-by-case basis by certifying 
to the congressional defense committees that it is in the national 
interest to do so.

    Sec. 8081. <<NOTE: Reports. Deadline.>> 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, Subcommittees 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 attributable to official 
Government travel arranged by Government Contracted 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 Information 
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 
technology system as defined by the Under Secretary of Defense 
(Comptroller).
    (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

[[Page 118 STAT. 990]]

        supporting financial and non-financial systems, or a system 
        improvement of more than $1,000,000 may not receive Milestone 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) <<NOTE: Notification.>> The Chief Information Officer 
        shall provide the congressional 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, 
        Milestone B approval, or full rate production approval, or their 
        equivalent, within the Department of Defense until the Chief 
        Information Officer certifies, with respect to that milestone, 
        that the system is being developed in accordance with the 
        Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.). The Chief 
        Information Officer may require additional certifications, as 
        appropriate, with respect to any such system.
            (2) <<NOTE: Notification.>> The Chief Information Officer 
        shall provide the congressional 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 
        Secretary 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: <<NOTE: Certification.>> Provided further, That the Secretary 
of Defense may waive this restriction on a

[[Page 118 STAT. 991]]

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 demilitarization 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. <<NOTE: Alcohol and alcoholic beverages. 10 USC 2488 
note.>> 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: <<NOTE: Contracts. Applicability.>> Provided further, That such 
local procurement requirements for malt beverages and wine shall apply 
to all alcoholic beverages only for military installations in States 
which are not contiguous with another State: Provided 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 encroachment.
    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 program.

[[Page 118 STAT. 992]]

                      (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: <<NOTE: Contracts.>> Provided further, That the Secretary of 
Defense is authorized to enter into and carry out contracts for the 
acquisition of real property, construction, personal services, and 
operations related to projects described in further detail in the 
Classified Annex accompanying the Department 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 maximum extent consistent with the national security, as 
determined by the Secretary of Defense.

    Sec. 8091. <<NOTE: Applicability. 10 USC 113 note.>> Section 8106 of 
the Department of Defense Appropriations Act, 1997 (titles I through 
VIII of the matter under subsection 101(b) of Public Law 104-208; 110 
Stat. 3009-111; 10 U.S.C. 113 note) shall 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: Provided, That funds 
for the second vessel shall be for a second source supplier: Provided 
further, That all subsequent ships shall be purchased with 
``Shipbuilding and Conversion, Navy'' funds beginning in fiscal year 
2007.
    Sec. 8093. In addition to amounts provided elsewhere in this Act, 
$2,000,000 is hereby appropriated for ``Defense Health Program'', 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 confronted 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 miscellaneous or other 
contracts in the military departments, as follows:
            (1) From ``Operation and Maintenance, Army'', $66,700,000.
            (2) From ``Operation and Maintenance, Navy'', $77,900,000.

[[Page 118 STAT. 993]]

            (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 appropriations available for the procurement of 
weapons and equipment, to be merged with and to be available for the 
same time period and the same purposes as the appropriation to which 
transferred: Provided further, That the transfer authority provided 
under this provision is in addition to any other transfer authority 
contained in this Act.
    Sec. 8097. <<NOTE: Grants.>> 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 
Foundation: <<NOTE: Deadline.>> 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 Procurement, 
Navy'': Provided, That these funds shall be available only for transfer 
to the Coast Guard for mission essential equipment for Coast Guard HC-
130J aircraft.
    (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

[[Page 118 STAT. 994]]

other funds in this account and shall be made available for hazardous 
fuels reduction, hazard mitigation, and rehabilitation activities of the 
Forest Service in the San Bernardino National Forest, and $10,000,000, 
to remain available until expended, shall be transferred 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 Program, 
                      $55,000,000.
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1999/2005'':
                          New SSN, $10,000,000;
                          LPD-17 Amphibious Transport Dock Ship Program, 
                      $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 Program, 
                      $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 compromise, and 
pay any and all admiralty claims under 10 U.S.C. 7622 arising out of the 
collision involving the U.S.S. GREENEVILLE and the EHIME MARU, in any 
amount and without regard to the monetary limitations in subsections (a) 
and (b) of that section: Provided, That such payments shall be made from 
funds available to the Department of the Navy for operation and 
maintenance.

[[Page 118 STAT. 995]]

    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 regulation, 
the Secretary of Defense may exercise the provisions of 38 U.S.C. 
7403(g) for occupations listed in 38 U.S.C. 7403(a)(2) as well as the 
following:
            Pharmacists, Audiologists, and Dental Hygienists.
                    (A) <<NOTE: Applicability.>> 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 available 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. payment 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:

[[Page 118 STAT. 996]]

            (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''. <<NOTE: Grants.>> 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 Capabilities.--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 further, That the Army 
shall ensure that budgetary and programmatic plans will provide for no 
fewer than seven (7) Stryker Brigade Combat Teams.

[[Page 118 STAT. 997]]

    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 available 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 necessary 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 
operational 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 appropriated 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

[[Page 118 STAT. 998]]

not directly related to the conduct of 
overseas <<NOTE: Reports. Deadlines.>> contingencies: Provided, That the 
Secretary of Defense shall submit a report no later than 30 days after 
the end of each fiscal quarter to the Committees on Appropriations of 
the Senate and House of Representatives 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. <<NOTE: Applicability.>> 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. <<NOTE: 10 USC 221 note.>> The budget of the President 
for fiscal year 2006 submitted to the Congress pursuant to section 1105 
of title 31, United States Code shall include separate budget 
justification documents for costs of United States Armed Forces' 
participation in contingency operations for the Military Personnel 
accounts, the Operation and Maintenance accounts, and the Procurement 
accounts: Provided, That these documents shall include a description of 
the funding requested for each contingency operation, for each military 
service, to include all Active and Reserve 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 Department of Defense Financial Management 
Regulation) for all contingency 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. <<NOTE: 10 USC 2533a note.>> 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. <<NOTE: Applicability. Contracts.>> 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 education 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

[[Page 118 STAT. 999]]

Reserve, if such action would reduce the WC-130 Weather Reconnaissance 
mission below the levels funded in this Act: Provided, That the Air 
Force shall allow the 53rd Weather Reconnaissance Squadron to perform 
other missions in support of national defense 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 
proportionately 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 ``Operation 
and Maintenance, Air Force'' is hereby reduced by

[[Page 118 STAT. 1000]]

$967,200,000 to reflect cash balance and rate stabilization adjustments 
in the Department of Defense Transportation Working Capital Fund.
    (b) <<NOTE: Deadline.>> 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 
reduction made by subsection (a). The transfer required by this 
subsection is in addition to any other transfer authority provided to 
the Department 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. <<NOTE: Contracts. California.>> 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, California, $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 
dependents, and for construction of pedestrian and bike lanes for the 
road, to provide for the safety of the Marines stationed at the 
installation.

    Sec. 8126. <<NOTE: Grants. California.>> 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

[[Page 118 STAT. 1001]]

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 fluctuations, 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, <<NOTE: Reports.>> 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 Committees 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, pursuant 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 anticipation of 
the application of non-statutory funding set asides: Provided, That this 
reduction shall be allocated proportionately to each budgeted program, 
program element, project, and activity: Provided further, That funds 
made available for programs of the National Foreign Intelligence Program 
(NFIP) are exempt from the application of this provision.


                      (including transfer of funds)


    Sec. 8132. Tanker Replacement Transfer Fund.--In addition 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 Replacement Transfer Fund'' 
(referred to as ``the Fund'' elsewhere in this section), which is hereby 
established in the Treasury: Provided further, That the Secretary of the 
Air Force may transfer amounts in the Fund to ``Operation and 
Maintenance, Air Force'', ``Aircraft Procurement, Air Force'', and 
``Research, Development, Test and Evaluation, Air Force'', only for the 
purposes of proceeding with

[[Page 118 STAT. 1002]]

a tanker acquisition program: 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: <<NOTE: Deadline. Notification.>> 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: <<NOTE: Reports. Deadline.>> 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. <<NOTE: Reports.>> 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 underway as 
of the date of the enactment of this Act, is submitted to the 
congressional defense committees (as defined in section 101(a)(16) of 
title 10, United States Code), the Committee on Government Reform of the 
House of Representatives, and the Committee on Governmental Affairs of 
the Senate.

    Sec. 8134. <<NOTE: Reports. Deadline.>> 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 munitions 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, maintenance, 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, Chicago, 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 available to the 
Secretary of the Air Force for a grant to Rocky Mountain College, 
Montana, for the purchase of three Piper aircraft, and an aircraft 
simulator, for support of aviation training.
    Sec. 8138. It is the sense of the Senate that--

[[Page 118 STAT. 1003]]

            (1) any request for funds for a fiscal year for an ongoing 
        military operation overseas, including operations in Afghanistan 
        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 
proportionately 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 transportation of persons.
    (b) The Secretary of Defense shall allocate this reduction 
proportionately 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, <<NOTE: Effective date.>> That this section shall 
become effective upon enactment of this Act.

[[Page 118 STAT. 1004]]

                                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.

[[Page 118 STAT. 1005]]

                            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 available 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 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: <<NOTE: Notification.>> 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: <<NOTE: Reports. Deadline.>> 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.

[[Page 118 STAT. 1006]]

            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 provided in 
this title: <<NOTE: Applicability.>> Provided, That notwithstanding any 
other provision of law or of this Act, funds in this title are available 
for obligation, and authorities in this title shall apply, upon 
enactment of this Act.

    Sec. 9002. Notwithstanding any other provision of law or of this 
Act, funds made available in this title are in addition to amounts 
provided elsewhere in this Act.


                           (transfer of funds)


    Sec. 9003. (a) Upon his determination that such 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,

[[Page 118 STAT. 1007]]

That the Secretary <<NOTE: Notification.>> 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 Appropriations 
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. <<NOTE: Afghanistan. Terrorism.>> 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, services, 
training and funding: Provided further, That the authority to provide 
assistance under this section is in addition to any other authority to 
provide assistance to foreign 
nations: <<NOTE: Notification. Deadline.>> 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. <<NOTE: Iraq. Afghanistan.>> 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 
Commander'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 responsibility by 
carrying out programs that will immediately assist the Iraqi people, and 
to fund a similar program to assist the people of 
Afghanistan: <<NOTE: Reports.>> Provided, That the Secretary of Defense 
shall provide quarterly reports to the congressional defense committees

[[Page 118 STAT. 1008]]

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) <<NOTE: 22 USC 7532.>> 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, <<NOTE: Reports.>> That 
the Secretary of Defense shall provide quarterly reports to the 
congressional defense committees regarding support provided under this 
section.

    Sec. 9010. <<NOTE: Deadlines. Reports. 10 USC 113 note.>> (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 
        retention of personnel for the Armed Forces.
            (5) For the half-fiscal year ending during the month 
        preceding the due date of the report, the costs incurred for 
        repair of Department of Defense equipment used in the operations 
        and activities in Iraq and Afghanistan.
            (6) The foreign countries, international organizations, and 
        nongovernmental organizations that are contributing support for 
        the ongoing military operations and reconstruction activities, 
        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.

[[Page 118 STAT. 1009]]

                    (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. <<NOTE: President. Reports.>> 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, <<NOTE: Certification.>> 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: <<NOTE: Deadline.>> Provided further, 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 Programs'' 
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 Mission in 
Iraq, $20,000,000, to remain available until expended.

[[Page 118 STAT. 1010]]

                    General Provisions, This Chapter

    Sec. 11001. <<NOTE: Applicability. Deadline.>> 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 enactment 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 Memorial State and Local Law 
Enforcement Assistance Programs for reimbursement to State and local law 
enforcement entities for security and related costs, including overtime, 
associated with the 2004 Presidential Candidate Nominating Conventions, 
to remain available until September 30, 
2005: <<NOTE: Grants. Massachusetts. New York.>> 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 appropriated 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. <<NOTE: Applicability.>> 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.

[[Page 118 STAT. 1011]]

                           Department of State

                    Migration and Refugee Assistance

    For an additional amount for ``Migration and Refugee Assistance'', 
$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, services, 
waiver of charges otherwise payable by the United States, and other 
items of value.
    (c) <<NOTE: Deadline. President. Notification.>> Not later than 30 
days before making a transfer under the authority of this section, the 
President shall transmit a notification of the proposed transfer to the 
Committees on Foreign Relations and Armed Services of the Senate and the 
Committees on International Relations and Armed Services of the House of 
Representatives. 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''.

[[Page 118 STAT. 1012]]

                                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 <<NOTE: Reports. Deadline.>> purposes: Provided 
further, That cost containment measures shall be implemented 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 <<NOTE: Establishment. Reports.>> purposes: 
Provided 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 provided in 
this title.
    Sec. 14002. <<NOTE: Applicability.>> Funds in this title are 
available for obligation and authorities in this title shall apply upon 
enactment of this Act.

[[Page 118 STAT. 1013]]

    Sec. 14003. (a) Public Law 108-199 is amended in division F, title 
I, section 110(g) <<NOTE: Ante, p. 293.>> 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 obligation 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 appropriated to 
carry out part B of title VII of the Higher Education Act of 1965, in 
title III of division E of the Consolidated Appropriations 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 Appropriations Act, 2004, 
(Public Law 108-199, division E) <<NOTE: Ante, p. 270.>> is amended by 
striking ``Michigan Space and Science Center, Jackson, Michigan,

[[Page 118 STAT. 1014]]

for development of the strategic plan, operational costs and personnel'' 
and inserting ``Jackson Intermediate School District, Jackson, Michigan, 
for equipment and materials for the Math and Science Resource Library''.

    Sec. 14005. Of the unobligated amounts available for the District 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 pursuant to 
section 301 of the Congressional Budget Act of 1974.
    (b) <<NOTE: Applicability.>> Adjustments and Limits.--The following 
limits and adjustments 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.

[[Page 118 STAT. 1015]]

    This Act may be cited as the ``Department of Defense Appropriations 
Act, 2005''.

    Approved August 5, 2004.

LEGISLATIVE HISTORY--H.R. 4613 (S. 2559):
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HOUSE REPORTS: Nos. 108-553 (Comm. on Appropriations) and 108-622 (Comm. 
of Conference).
SENATE REPORTS: No. 108-284 accompanying S. 2559 (Comm. on 
Appropriations).
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.

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