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108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-622
======================================================================
 
MAKING APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE FOR THE FISCAL YEAR 
           ENDING SEPTEMBER 30, 2005, AND FOR OTHER PURPOSES

                                _______
                                

                 July 20, 2004.--Ordered to be printed

                                _______
                                

 Mr. Lewis of California, from the committee of conference, submitted 
                             the following

                           CONFERENCE REPORT

                        [To accompany H.R. 4613]

      The committee of conference on the disagreeing votes of 
the two Houses on the amendment of the Senate to the bill (H.R. 
4613) ``making appropriations for the Department of Defense for 
the fiscal year ending September 30, 2005, and for other 
purposes'', having met, after full and free conference, have 
agreed to recommend and do recommend to their respective Houses 
as follows:
      That the House recede from its disagreement to the 
amendment of the Senate, and agree to the same with an 
amendment, as follows:
      In lieu of the matter stricken and inserted by said 
amendment, insert:

That the following sums are appropriated, out of any money in 
the Treasury not otherwise appropriated, for the fiscal year 
ending September 30, 2005, for military 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 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.

                      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 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 
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.

            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 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.

                  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 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.

        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 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;
            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.

                    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.

                      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, 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.

                                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.

                                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 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, 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 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. 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 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, 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, 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.

                          (TRANSFER OF FUNDS)

    Sec. 8006. During the current fiscal year, cash balances in 
working capital funds of the Department of Defense established 
pursuant to section 2208 of title 10, United States Code, may 
be maintained in only such amounts as are necessary at any time 
for cash disbursements to be made from such funds: Provided, 
That transfers may be made between such funds: Provided 
further, That transfers may be made between working capital 
funds and the ``Foreign Currency Fluctuations, Defense'' 
appropriation and the ``Operation and Maintenance'' 
appropriation accounts in such amounts as may be determined by 
the Secretary of Defense, with the approval of the Office of 
Management and Budget, except that such transfers may not be 
made unless the Secretary of Defense has notified the Congress 
of the proposed transfer. Except in amounts equal to the 
amounts appropriated to working capital funds in this Act, no 
obligations may be made against a working capital fund to 
procure or increase the value of war reserve material 
inventory, unless the Secretary of Defense has notified the 
Congress prior to any such obligation.
    Sec. 8007. Funds appropriated by this Act may not be used 
to initiate a special access program without prior notification 
30 calendar days in session in advance to the congressional 
defense committees.
    Sec. 8008. None of the funds provided in this Act shall be 
available to initiate: (1) a multiyear contract that employs 
economic order quantity procurement in excess of $20,000,000 in 
any 1 year of the contract or that includes an unfunded 
contingent liability in excess of $20,000,000; or (2) a 
contract for advance procurement leading to a multiyear 
contract that employs economic order quantity procurement in 
excess of $20,000,000 in any 1 year, unless the congressional 
defense committees have been notified at least 30 days in 
advance of the proposed contract award: Provided, That no part 
of any appropriation contained in this Act shall be available 
to initiate a multiyear contract for which the economic order 
quantity advance procurement is not funded at least to the 
limits of the Government's liability: Provided further, That no 
part of any appropriation contained in this Act shall be 
available to initiate multiyear procurement contracts for any 
systems or component thereof if the value of the multiyear 
contract would exceed $500,000,000 unless specifically provided 
in this Act: Provided 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;
            (3) the contract provides that payments to the 
        contractor under the contract shall not be made in 
        advance of incurred costs on funded units; and
            (4) the contract does not provide for a price 
        adjustment based on a failure to award a follow-on 
        contract.
    Funds appropriated in title III of this Act may be used for 
a multiyear procurement contract as follows:
            Lightweight 155mm Howitzer.
    Sec. 8009. Within the funds appropriated for the operation 
and maintenance of the Armed Forces, funds are hereby 
appropriated pursuant to section 401 of title 10, United States 
Code, for humanitarian and civic assistance costs under chapter 
20 of title 10, United States Code. Such funds may also be 
obligated for humanitarian and civic assistance costs 
incidental to authorized operations and pursuant to authority 
granted in section 401 of 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. 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. 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 of Defense Education Benefits Fund when time spent 
as a full-time student is credited toward completion of a 
service commitment: Provided, That this subsection shall not 
apply to those members who have reenlisted with this option 
prior to October 1, 1987: Provided further, That this 
subsection applies only to active 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. 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, 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 this limitation 
does not apply in the case of inpatient mental health services 
provided under the program for persons with disabilities under 
subsection (d) of section 1079 of title 10, United States Code, 
provided as partial hospital care, or provided pursuant to a 
waiver authorized by the Secretary of Defense because of 
medical or psychological circumstances of the patient that are 
confirmed by a health professional who is not a Federal 
employee after a review, pursuant to rules prescribed by the 
Secretary, which takes into account the appropriate level of 
care for the patient, the intensity of services required by the 
patient, and the availability of that care.
    Sec. 8018. Notwithstanding any other provision of law, 
during the current fiscal year 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: 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: 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 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 market value of that allotment, as 
determined by the appraiser under subsection (c).
    (c) Not later than 60 days after the date of the enactment 
of this Act, the Secretary of the Air Force shall select, 
jointly with the owners of Native Allotment F-14589, and retain 
a qualified appraiser to appraise the fair market value of that 
allotment. The appraiser shall be an appraiser who is 
independent of the 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) 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, 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) 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.
    (f) Notwithstanding any other provision of this Act, the 
total amount appropriated in this Act for FFRDCs is hereby 
reduced by $125,000,000.
    Sec. 8029. None of the funds appropriated or made available 
in this Act shall be used to procure carbon, alloy or armor 
steel plate for use in any Government-owned facility or 
property under the control of the Department of Defense which 
were not melted and rolled in the United States or Canada: 
Provided, That these procurement restrictions shall apply to 
any and all Federal Supply Class 9515, American Society of 
Testing and Materials (ASTM) or American Iron and Steel 
Institute (AISI) specifications of carbon, alloy or armor steel 
plate: Provided further, That the Secretary of the military 
department responsible for the procurement may waive this 
restriction on a case-by-case basis by certifying in writing to 
the Committees on Appropriations of the House of 
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, That the 
Senior Acquisition Executive of the military department or 
Defense Agency concerned, with power of delegation, shall 
certify that successful bids include comparable estimates of 
all direct and indirect costs for both public and private bids: 
Provided further, That Office of Management and Budget Circular 
A-76 shall not apply to competitions conducted under this 
section.
    Sec. 8032. (a)(1) If the Secretary of Defense, after 
consultation with the United States Trade Representative, 
determines that a foreign country which is party to an 
agreement described in 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) 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 Act was waived pursuant to any agreement described in 
subsection (a)(2), the Trade Agreement Act of 1979 (19 U.S.C. 
2501 et seq.), or any international agreement to which the 
United States is a party.
    (c) For purposes of this section, the term ``Buy American 
Act'' means title III of the Act entitled ``An Act making 
appropriations for the Treasury and Post Office Departments for 
the fiscal year ending June 30, 1934, and for other purposes'', 
approved March 3, 1933 (41 U.S.C. 10a et seq.).
    Sec. 8033. Appropriations contained in this Act that remain 
available at the end of the current fiscal year, and at the end 
of each fiscal year hereafter, as a result of energy cost 
savings realized by the Department of Defense shall remain 
available for obligation for the next fiscal year to the 
extent, and for the purposes, provided in section 2865 of title 
10, United States Code.

                     (INCLUDING TRANSFER OF FUNDS)

    Sec. 8034. Amounts deposited during the current fiscal year 
and hereafter to the special account established under 40 
U.S.C. 572(b)(5)(A) and to the special account established 
under 10 U.S.C. 2667(d)(1) are appropriated and shall be 
available until transferred by the Secretary of Defense to 
current applicable appropriations or funds of the Department of 
Defense under the terms and 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. 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. 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 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: 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.
    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 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;
            ``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, That the Service Surgeons General may waive 
this section by certifying to the congressional defense 
committees that the beneficiary population is declining in some 
catchment areas and civilian strength reductions may be 
consistent with responsible resource stewardship and 
capitation-based budgeting.
    Sec. 8055. (a) Limitation on Pentagon 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 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) Duration of Certification Requirement.--The requirement 
to make an annual certification under subsection (a) shall 
apply until the Secretary certifies to Congress that the 
renovation of the Pentagon Reservation is completed.
    Sec. 8056. Notwithstanding any other provision of law, that 
not more than 35 percent of funds provided in this Act for 
environmental remediation may be obligated under indefinite 
delivery/indefinite quantity contracts with a total contract 
value of $130,000,000 or higher.
    Sec. 8057. (a) None of the funds available to the 
Department of Defense for any fiscal year for drug interdiction 
or counter-drug activities may be transferred to any other 
department or agency of the United States except as 
specifically provided in an appropriations law.
    (b) None of the funds available to the Central Intelligence 
Agency for any fiscal year for drug interdiction and counter-
drug activities may be transferred to any other department or 
agency of the United States except as specifically provided in 
an appropriations law.

                          (TRANSFER OF FUNDS)

    Sec. 8058. 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 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. 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 for in 
Defense Appropriations Acts, or provisions of Acts providing 
supplemental appropriations for the Department of Defense.
    Sec. 8064. (a) Limitation on Transfer of Defense Articles 
and Services.--Notwithstanding any other provision of law, none 
of the funds available to the Department of Defense for the 
current fiscal year may be obligated or expended to transfer to 
another nation or an international organization any defense 
articles or services (other than intelligence services) for use 
in the activities described in subsection (b) unless the 
congressional defense 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) 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. 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: 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 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.
    Sec. 8070. Hereafter, funds appropriated for Operation and 
maintenance and for the Defense Health Program in this Act, and 
in future appropriations acts for the Department of Defense, 
for supervision and administration costs for facilities 
maintenance and repair, minor construction, or design projects, 
or any planning studies, environmental assessments, or similar 
activities related to installation support functions, may be 
obligated at the time the reimbursable order is accepted by the 
performing activity: 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 2531 of title 10, 
United States Code, and the country does not discriminate 
against the same or similar defense items produced in the 
United States for that country.
    (b) Subsection (a) applies with respect to--
            (1) contracts and subcontracts entered into on or 
        after the date of the enactment of this Act; and
            (2) options for the procurement of items that are 
        exercised after such date under contracts that are 
        entered into before such date if the option prices are 
        adjusted for any reason other than the application of a 
        waiver granted under subsection (a).
    (c) Subsection (a) does not apply to a limitation regarding 
construction of public vessels, ball and roller bearings, food, 
and clothing or textile materials as defined by section 11 
(chapters 50-65) of the Harmonized Tariff Schedule and products 
classified under headings 4010, 4202, 4203, 6401 through 6406, 
6505, 7019, 7218 through 7229, 7304.41 through 7304.49, 
7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 8215, and 
9404.
    Sec. 8076. (a) Prohibition.--None of the funds made 
available by this Act may be used to support any training 
program involving a unit of the security forces of a foreign 
country if the Secretary of Defense has received credible 
information from the Department of State that the unit has 
committed a gross violation of human rights, unless all 
necessary corrective steps have been taken.
    (b) Monitoring.--The Secretary of Defense, in consultation 
with the Secretary of State, shall ensure that prior to a 
decision to conduct any training program referred to in 
subsection (a), full consideration is given to all credible 
information available to the Department of State relating to 
human rights violations by foreign security forces.
    (c) Waiver.--The Secretary of Defense, after consultation 
with the Secretary of State, may waive the prohibition in 
subsection (a) if he determines that such waiver is required by 
extraordinary circumstances.
    (d) Report.--Not more than 15 days after the exercise of 
any waiver under subsection (c), the Secretary of Defense shall 
submit a report to the congressional defense committees 
describing the extraordinary circumstances, the purpose and 
duration of the training program, the United States forces and 
the foreign security forces involved in the training program, 
and the information relating to human rights violations that 
necessitates the waiver.
    Sec. 8077. (a) The Secretary of Defense, in coordination 
with the Secretary of Health and Human Services, may carry out 
a program to distribute surplus dental and medical equipment of 
the Department of Defense, at no cost to the Department of 
Defense, to Indian Health Service facilities and to federally-
qualified health centers (within the meaning of section 
1905(l)(2)(B) of the Social Security Act (42 U.S.C. 
1396d(l)(2)(B))).
    (b) In carrying out this provision, the Secretary of 
Defense shall give the Indian Health Service a propertydisposal 
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 States by a domestically operated entity: 
Provided, That the Secretary of Defense may waive this 
restriction on a case-by-case basis by certifying in writing to 
the Committees on Appropriations of the House of 
Representatives and the Senate that adequate domestic supplies 
are not available to meet Department of Defense requirements on 
a timely basis and that such an acquisition must be made in 
order to acquire capability for national security purposes or 
there exists a significant cost or quality difference.
    Sec. 8079. None of the funds appropriated or otherwise made 
available by this or other Department of Defense Appropriations 
Acts may be obligated or expended for the purpose of performing 
repairs or maintenance to military family housing units of the 
Department of Defense, including areas in such military family 
housing units that may be used for the purpose of conducting 
official Department of Defense business.
    Sec. 8080. Notwithstanding any other provision of law, 
funds appropriated in this Act under the heading ``Research, 
Development, Test and Evaluation, Defense-Wide'' for any 
advanced concept 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: 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. 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 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) 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) 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: 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. 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. None of the funds appropriated by this Act shall 
be used for the support of any nonappropriated funds activity 
of the Department of Defense that procures malt beverages and 
wine with nonappropriated funds for resale (including such 
alcoholic beverages sold by the drink) on a military 
installation located in the United States unless such malt 
beverages and wine are procured within that State, or in the 
case of the District of Columbia, within the District of 
Columbia, in which the military installation is located: 
Provided, That in a case in which the military installation is 
located in more than one State, purchases may be made in any 
State in which the installation is located: Provided further, 
That such local procurement requirements for malt 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.

                     (INCLUDING TRANSFER OF FUNDS)

    Sec. 8090. (a) Of the amounts appropriated in this Act 
under the heading, ``Research, Development, Test and 
Evaluation, Defense-Wide'', $60,000,000 shall remain available 
until expended: Provided, That notwithstanding any other 
provision of law, the Secretary of Defense is authorized to 
transfer such funds to other activities of the Federal 
Government.
    (b) Of the amounts appropriated in this Act under the 
heading, ``Operation and Maintenance, Army'', $185,000,000 
shall remain available until expended: Provided, That 
notwithstanding any other provision of law, the Secretary of 
Defense is authorized to transfer such funds to other 
activities of the Federal Government: Provided further, That 
the Secretary of Defense is authorized to enter into and carry 
out contracts for the acquisition of real property, 
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. 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.
            (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. 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: 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 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.
    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 planhas 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) 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:
            (1) From ``Other Procurement, Army'', $39,500,000.
            (2) From ``Other Procurement, Navy'', $10,800,000.
            (3) From ``Other Procurement, Air Force'', 
        $49,000,000.
            (4) From ``Procurement, Defense-Wide'', 
        $20,100,000.
            (5) From ``Research, Development, Test and 
        Evaluation, Army'', $3,500,000.
            (6) From ``Research, Development, Test and 
        Evaluation, Navy'', $10,800,000.
            (7) From ``Research, Development, Test and 
        Evaluation, Air Force'', $3,500,000.
            (8) From ``Research, Development, Test and 
        Evaluation, Defense-Wide'', $60,300,000.
    Sec. 8106. None of the funds in this Act may be used to 
initiate a new start program without prior written notification 
to the Office of Secretary of Defense and the congressional 
defense committees.
    Sec. 8107. The amounts appropriated in title II of this Act 
are hereby reduced by $316,000,000 to reflect cash balance and 
rate stabilization adjustments in Department of Defense Working 
Capital Funds, as follows:
            (1) From ``Operation and Maintenance, Navy'', 
        $150,000,000.
            (2) From ``Operation and Maintenance, Air Force'', 
        $166,000,000.
    Sec. 8108. (a) In addition to the amounts provided 
elsewhere in this Act, the amount of $6,000,000 is hereby 
appropriated to the Department of Defense for ``Operation and 
Maintenance, Army National Guard''. Such amount shall be made 
available to the Secretary of the Army only to make a grant in 
the amount of $6,000,000 to the entity specified in subsection 
(b) to facilitate access by veterans to opportunities for 
skilled employment in the construction industry.
    (b) The entity referred to in subsection (a) is the Center 
for Military Recruitment, Assessment and Veterans Employment, a 
nonprofit labor-management co-operation committee provided for 
by section 302(c)(9) of the Labor-Management Relations Act, 
1947 (29 U.S.C. 186(c)(9)), for the purposes set forth in 
section 6(b) of the Labor Management Cooperation Act of 1978 
(29 U.S.C. 175a note).
    Sec. 8109. Financing and Fielding of Key Army 
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.
    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 not directly related to the conduct of 
overseas contingencies: Provided, That the Secretary of Defense 
shall submit a report no later than 30 days after the end of 
each fiscal quarter to the Committees on 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. For purposes of section 1553(b) of title 31, 
United States Code, any subdivision of appropriations made in 
this Act under the heading ``Shipbuilding and Conversion, 
Navy'' shall be considered to be for the same purpose as any 
subdivision under the heading ``Shipbuilding and Conversion, 
Navy'' appropriations in any prior fiscal year, and the 1 
percent limitation shall apply to the total amount of the 
appropriation.
    Sec. 8116. The budget of the President for fiscal year 2006 
submitted to the Congress pursuant to section 1105 of title 31, 
United States Code shall include separate budget justification 
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. Notwithstanding any other provision of law, 
section 2533a(f) of title 10, United States Code, shall 
hereafter not apply to any fish, shellfish, or seafood product. 
This section applies to contracts and subcontracts for the 
procurement of commercial items notwithstanding section 34 of 
the Office of Federal Procurement Policy Act (41 U.S.C. 430).
    Sec. 8119. Of the amounts provided in title II of this Act 
under the heading, ``Operation and Maintenance, Defense-Wide'', 
$20,000,000 is available for the Regional Defense Counter-
terrorism Fellowship Program, to fund the education and 
training of foreign military officers, ministry of defense 
civilians, and other foreign security officials, to include 
United States military officers and civilian officials whose 
participation directly contributes to the 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 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 
$967,200,000 to reflect cash balance and rate stabilization 
adjustments in the Department of Defense Transportation Working 
Capital Fund.
    (b) Not later than 270 days after the date of the enactment 
of this Act, the Secretary of Defense shall transfer 
$967,200,000 from the Department of Defense Transportation 
Working Capital Fund to ``Operation and Maintenance, Air 
Force'' to offset the 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. 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. 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 
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, 
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 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: Provided further, That the Secretary of 
the Air Force shall, not fewer than 15 days prior to making 
transfers using funds provided in this section, notify the 
congressional defense committees in writing of the details of 
any such transfer: Provided further, That the Secretary shall 
submit a report no later than 30 days after the end of each 
fiscal quarter to the congressional defense committees 
summarizing the details of the transfer of funds from this 
appropriation.
    Sec. 8133. None of the funds appropriated or otherwise made 
available by this Act may be used to amend or cancel, or 
implement any amendment or cancellation of, Department of 
Defense Directive 1344.7, ``Personal Commercial Solicitation on 
DOD Installations'', until after the end of the 90-day period 
beginning on the date on which the report containing the 
results of the investigation regarding insurance premium 
allotment processing, which is 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. 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--
            (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, That this section shall become effective upon 
enactment of this Act.

                                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.

                           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: Provided further, That 
the Secretary of Defense shall, not fewer than 5 days prior to 
making transfers from this appropriation, notify the 
congressional defense committees in writing of the details of 
any such transfer: Provided further, That the Secretary shall 
submit a report no later than 30 days after the end of each 
fiscal quarter to the congressional defense committees 
summarizing the details of the transfer of funds from this 
appropriation.

                              PROCUREMENT

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For an additional amount for ``Procurement of Weapons and 
Tracked Combat Vehicles, Army'', $50,000,000, to remain 
available until September 30, 2007.

                    Procurement of Ammunition, Army

    For an additional amount for ``Procurement of Ammunition, 
Army'', $110,000,000, to remain available until September 30, 
2007.

                        Other Procurement, Army

    For an additional amount for ``Other Procurement, Army'', 
$755,000,000, to remain available until September 30, 2007.

                       Aircraft Procurement, Navy

    For an additional amount for ``Aircraft Procurement, 
Navy'', $79,000,000, to remain available until September 30, 
2007.

            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: 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, That the Secretary shall notify the Congress 
promptly of each transfer made pursuant to the authority in 
this section: Provided further, That the authority provided in 
this section is in addition to any other transfer authority 
available to the Department of Defense and is subject to the 
same terms and conditions as the authority provided in section 
8005 of this Act.
    (b) Section 8005 of the Department of Defense 
Appropriations Act, 2004 (Public Law 108-87; 117 Stat. 1071), 
is amended--
            (1) by striking ``$2,100,000,000'' and inserting in 
        lieu thereof ``$2,800,000,000''; and
            (2) by striking all after the third proviso and 
        inserting the following: ``: Provided further, That 
        transfers among military personnel appropriations shall 
        not be taken into account for purposes of the 
        limitation on the amount of funds that may be 
        transferred under this section.''.
    (c) Section 168(a) of division H of the Consolidated 
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. 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: Provided further, That the 
Secretary of Defense shall notify the congressional defense 
committees, the Committee on International Relations of the 
House of Representatives, and the Committee on Foreign 
Relations of the Senate not less than 15 days before providing 
assistance under the authority of this section.
    Sec. 9007. From funds made available in this title to the 
Department of Defense, not to exceed $300,000,000 may be used, 
notwithstanding any other provision of law, to fund the 
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: Provided, That the 
Secretary of Defense shall provide quarterly reports to the 
congressional defense committees regarding the source of funds 
and the allocation and use of funds made available pursuant to 
the authority provided in this section.
    Sec. 9008. Section 202(b) of the Afghanistan Freedom 
Support Act of 2002 (Public Law 107-327, as amended by section 
2206 of Public Law 108-106) is amended by striking 
``$450,000,000'' and inserting in lieu thereof 
``$550,000,000''.
    Sec. 9009. During the current fiscal year, funds available 
to the Department of Defense for operation and maintenance may 
be used, notwithstanding any other provision of law, to provide 
supplies, services, transportation, including airlift and 
sealift, and other logistical support to coalition forces 
supporting military and stability operations in Iraq and 
Afghanistan: Provided, That the Secretary of Defense shall 
provide quarterly reports to the congressional defense 
committees regarding support provided under this section.
    Sec. 9010. (a) Not later than April 30 and October 31 of 
each year, the Secretary of Defense shall submit to Congress a 
report on the military operations of the Armed Forces and the 
reconstruction activities of the Department of Defense in Iraq 
and Afghanistan.
    (b) Each report shall include the following information:
            (1) For each of Iraq and Afghanistan for the half-
        fiscal year ending during the month preceding the due 
        date of the report, the amount expended for military 
        operations of the Armed Forces and the amount expended 
        for reconstruction activities, together with the 
        cumulative total amounts expended for such operations 
        and activities.
            (2) An assessment of the progress made toward 
        preventing attacks on United States personnel.
            (3) An assessment of the effects of the operations 
        and activities in Iraq and Afghanistan on the readiness 
        of the Armed Forces.
            (4) An assessment of the effects of the operations 
        and activities in Iraq and Afghanistan on the 
        recruitment and 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.
                    (C) The extent (by percentage) to which the 
                forces deployed within the United States and 
                outside the United States in support of a 
                contingency operation are composed of reserve 
                component forces.
    Sec. 9011. Congress, consistent with international and 
United States law, reaffirms that torture of prisoners of war 
and detainees is illegal and does not reflect the policies of 
the United States Government or the values of the people of the 
United States.
    Sec. 9012. The President shall provide to the Congress a 
report detailing the estimated costs over the period from 
fiscal year 2006 to 2011 of Operation Iraqi Freedom and 
Operation Enduring Freedom, or any related military operations 
in and around Iraq and Afghanistan, and the estimated costs of 
reconstruction, internal security, and related economic support 
to Iraq and Afghanistan: Provided, That the President may waive 
the requirement to submit this report only if the President 
certifies in writing to the Congress that estimates of these 
future military and economic support costs cannot be provided 
for purposes of national security: Provided 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.

                    General Provisions, This Chapter

    Sec. 11001. For the purposes of applying sections 204 and 
605 of the Departments of Commerce, Justice, and State, the 
Judiciary, and Related Agencies Appropriations Act, 2004 
(division B of Public Law 108-199) to matters in title II of 
such Act under the heading ``National Institute of Standards 
and Technology'' (118 Stat. 69), in the account under the 
heading ``Industrial Technology Services'', the Secretary of 
Commerce shall make all determinations based on the Industrial 
Technology Services funding level of $218,782,000 for 
reprogramming and transferring of funds for the Manufacturing 
Extension Partnership program and may submit such a 
reprogramming or transfer, as the case may be, to the 
appropriate committees within 30 days after the date of the 
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: 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. 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.

                          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) 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''.

                               CHAPTER 3

 SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2004 FOR URGENT WILDLAND 
                      FIRE SUPPRESSION ACTIVITIES

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                        WILDLAND FIRE MANAGEMENT

    For an additional amount for fiscal year 2004 for 
``Wildland Fire Management'', $100,000,000, to remain available 
until expended, for urgent wildland fire suppression activities 
related to the fiscal year 2004 fire season pursuant to section 
312 of S. Con. Res. 95 (108th Congress): Provided, That such 
funds are also available for repayment of advances to other 
appropriations accounts from which funds are transferred for 
such purposes: 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 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. Funds in this title are available for 
obligation and authorities in this title shall apply upon 
enactment of this Act.
    Sec. 14003. (a) Public Law 108-199 is amended in division 
F, title I, section 110(g) by striking ``Of the'' and inserting 
``Prior to distributing''; striking ``each'' every time it 
appears and inserting ``the''; striking ``project'' every time 
it appears and inserting ``projects''.
    (b) The limitation under the heading ``Federal-aid Highways 
(Limitation on Obligations) (Highway Trust Fund)'' in Public 
Law 108-199 is increased by such sums as may be necessary to 
ensure that each State receives an amount of obligation 
authority equal to what each State would have received under 
division F, title I, section 110(a)(6) of Public Law 108-199 
but for the amendment made to division F, title I, section 
110(g) of Public Law 108-199 by subsection (a) of this section: 
Provided, That such additional authority shall remain available 
during fiscal years 2004 and 2005: Provided further, That for 
each State receiving an amount of 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) is 
amended by striking ``Michigan Space and Science Center, 
Jackson, Michigan, 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) 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.
    This Act may be cited as the ``Department of Defense 
Appropriations Act, 2005''.
      And the Senate agree to the same.

                                   Jerry Lewis,
                                   Bill Young,
                                   David L. Hobson,
                                   Henry Bonilla,
                                   George R. Nethercutt, Jr.,
                                   Randy ``Duke'' Cunningham,
                                   Rodney P. Frelinghuysen,
                                   Todd Tiahrt,
                                   Roger F. Wicker,
                                   John P. Murtha,
                                   Norman D. Dicks,
                                   Martin Olav Sabo,
                                   Peter J. Visclosky,
                                   James P. Moran,
                                   David R. Obey,
                                 Managers on the Part of the House.

                                   Ted Stevens,
                                   Thad Cochran,
                                   Arlen Specter,
                                   Pete Domenici,
                                   Kit Bond,
                                   Mitch McConnell,
                                   Richard C. Shelby,
                                   Judd Gregg,
                                   Kay Bailey Hutchison,
                                   Conrad Burns,
                                   Daniel K. Inouye,
                                   Ernest F. Hollings,
                                           (except for deeming 
                                               section),
                                   Robert C. Byrd,
                                           (except for the section 
                                               deeming FY 2005 
                                               discretionary limits),
                                   Patrick J. Leahy,
                                           (except for deeming 
                                               section),
                                   Tom Harkin,
                                           (except for deeming 
                                               section),
                                   Byron L. Dorgan,
                                           (except for deeming 
                                               section),
                                   Richard J. Durbin,
                                           (except for the deeming FY 
                                               2005 discretionary 
                                               limits),
                                   Harry Reid,
                                           (except for deeming 
                                               section),
                                   Dianne Feinstein,
                                           (except for deeming 
                                               section),
                                Managers on the Part of the Senate.
                      JOINT EXPLANATORY STATEMENT

      The managers on the part of the House and the Senate at 
the conference on the disagreeing votes of the two Houses on 
the amendment of the Senate to the bill (H.R. 4613), making 
appropriations for the Department of Defense for the fiscal 
year ending September 30, 2005, and for other purposes, submit 
the following joint statement to the House and the Senate in 
explanation of the effect of the action agreed upon by the 
managers and recommended in the accompanying conference report.
      The conference agreement on the Department of Defense 
Appropriations Act, 2005, incorporates some of the provisions 
of both the House and Senate versions of the bill. The language 
and allocations set forth in House Report 108-553 and Senate 
Report 108-284 should be complied with unless specifically 
addressed in the accompanying bill and statement of the 
managers to the contrary.
      Senate Amendment: The Senate deleted the entire House 
bill after the enacting clause and inserted the Senate bill. 
The conference agreement includes a revised bill.

              Definition of Program, Project, and Activity

      The conferees agree that for the purposes of the Balanced 
Budget and Emergency Deficit Control Act of 1985 (Public Law 
99-177) as amended by the Balanced Budget and Emergency Deficit 
Control Reaffirmation Act of 1987 (Public Law 100-119) and by 
the Budget Enforcement Act of 1990 (Public Law 101-508), the 
term program, project, and activity for appropriations 
contained in this Act shall be defined as the most specific 
level of budget items identified in the Department of Defense 
Appropriations Act, 2005, the accompanying House and Senate 
Committee reports, the conference report and accompanying joint 
explanatory statement of the managers of the Committee of 
Conference, the related classified annexes and reports, and the 
P-1 and R-1 budget justification documents as subsequently 
modified by Congressional action. The following exception to 
the above definition shall apply: for the Military Personnel 
and the Operation and Maintenance accounts, the term ``program, 
project, and activity'' is defined as the appropriations 
accounts contained in the Department of Defense Appropriations 
Act.
      At the time the President submits his budget for fiscal 
year 2006, the conferees direct the Department of Defense to 
transmit to the congressional defense committees budget 
justification documents to be known as the ``M-1'' and ``O-1'' 
which shall identify, at the budget activity, activity group, 
and subactivity group level, the amounts requested by the 
President to be appropriated to the Department of Defense for 
military personnel and operation and maintenance in any budget 
request, or amended budget request, for fiscal year 2006.

     Reprogramming, Withholding, and ``Taxing'' Appropriated Funds

      The conferees agree to continue the existing below-
threshold reprogramming guidelines which are as follows: $20 
million for procurement accounts and $10 million for research, 
development, test and evaluation (RDT&E;) accounts. The 
conferees further agree that these thresholds are to be applied 
to the specific dollar threshold or 20 percent of each P-1 or 
R-1 line, whichever is the lesser level. Furthermore, the 
dollar or 20 percent threshold is to be considered in a 
cumulative fashion. Therefore if the combined values of 
transfers into or out of a procurement (P-1) or research and 
development (R-1) line exceed the identified threshold, the 
Department of Defense must submit a prior approval 
reprogramming request.
      The conferees agree with the Senate position that the 
Department of Defense is to abide by legal requirements for 
congressional notification of new starts. Section 8106 of this 
conference agreement establishes a requirement for written 
notification for initiating a new start program. The conferees 
agree with both the Senate and the House position on the 
inappropriate nature of ``taxing'' an appropriation to generate 
funds to support a new start project not previously disclosed 
to Congress. This practice violates these requirements and is 
therefore prohibited.
      The conferees agree to a prohibition on the practice of 
setting aside funds--the taxing of appropriations made for 
particular programs--to fund shortfalls in other programs, or 
initiate new programs. This includes the practice of ``taxing'' 
funds appropriated for congressional interest items to pay for 
laboratory overhead or management costs. The conferees direct 
that funds shall not be included in a budget request for any 
program, project and activity to accommodate the application of 
non-statutory withholds and taxes, or to reimburse other 
programs as ``repayment'' for funds transferred to a program in 
a previous year. Statutory withholds such as Small Business 
Innovative Research, shall be applied uniformly to each program 
element, project and activity within an account.
      The conferees direct the Secretary of Defense to provide 
data by January 31, 2005 on the adequacy and use of the 
Department's current reprogramming and withholding practices. 
Furthermore, the conferees direct the Department to work with 
the congressional defense committees on a method of providing 
timely and accurate data on reprogramming activity (above 
threshold and below threshold), and the application of 
statutory and administrative withholds. The conferees further 
direct that reprogramming data should be available on at least 
a monthly basis, potentially in conjunction with DoD 1002 
reports and that the Department should transmit the data 
electronically, if feasible, to the congressional defense 
committees.

                           New Start Programs

      The conferees agree to amend Section 8106 to ensure that 
written notification is provided prior to initiation of new 
start programs. The conferees direct that such notification be 
provided to the congressional defense committees no less than 
30 calendar days prior to obligation of funds for the new start 
program.

               Business Management Modernization Program

      The conferees are concerned about the pace of the reforms 
for improving financial management at the Department of 
Defense. Although the Department announced its intention to 
achieve a fully functional accounting system by fiscal year 
2007, a significant amount of funding provided in prior years 
for the Business Management Modernization Program (BMMP) 
remains unexpended. Furthermore, the Department has not 
developed an execution plan for $30,248,000 requested for 
procurement for the BMMP. The conferees note that these and 
other problems are examined in the GAO report dated May 17, 
2004, entitled ``DOD Business Systems Modernization: Limited 
Progress in Development of Business Enterprise Architecture and 
Oversight of Information Technology Investments.'' Although the 
conferees have reduced the budget request for the BMMP by 
$97,248,000 for unjustified program growth and low obligations 
and expenditures, the conferees are committed to financial 
management reform, and urge the Department to redouble its 
efforts in this area.

                            Classified Annex

      Adjustments to classified programs are addressed in the 
classified annex accompanying this report.


                        Force Structure Changes

      The conferees recommend a total of $98,100,000 in the 
military personnel, operation and maintenance, and procurement 
accounts for force structure that was not included in the 
budget request, as follows:

                        [In thousands of dollars]
------------------------------------------------------------------------
                                   MILPERS     O&M;      Proc.     Total
------------------------------------------------------------------------
Air Force B-52 aircraft.........    $2,600   $25,000   $20,300   $47,900
National Guard Full-Time
 Support:
    ARNG Civil Support Teams        12,600    14,000    18,200    44,800
     AGRs.......................
    ANG Civil Support Teams AGRs     2,100  ........  ........     2,100
    Ground-Based Midcourse           3,300  ........  ........     3,300
     Missile Defense AGRs.......
------------------------------------------------------------------------


                                               ACTIVE END STRENGTH
                                               [Fiscal year 2005]
----------------------------------------------------------------------------------------------------------------
                                                                                                  Conference vs.
                                                                      Budget        Conference        budget
----------------------------------------------------------------------------------------------------------------
Army............................................................         482,400         482,400  ..............
Navy............................................................         365,900         365,900  ..............
Marine Corps....................................................         175,000         175,000  ..............
Air Force.......................................................         359,700         359,700  ..............
                                                                 -----------------------------------------------
      Total, Active Personnel...................................       1,383,000       1,383,000  ..............
----------------------------------------------------------------------------------------------------------------

                                                                                                  
                                                                                                  
                           Corrosion Control

      In a recent General Accounting Office (GAO) report 
entitled ``Opportunities Exist to Improve Implementation of 
Department of Defense's Long-Term Corrosion Strategy,'' the GAO 
identified a number of shortcomings with the Defense 
Department's corrosion control strategy and provided several 
recommendations to enhance its effectiveness. The conferees 
concur with GAO's overall assessment and direct the Department 
to comply with the recommendations provided in the report. 
Specifically, the conferees direct the Department to establish 
a specific, separate program element or budget line to ensure 
that sustained and adequate funding is available for the 
corrosion control projects that have the best potential to 
provide maximum benefit across the Department.
      In addition, the conferees are concerned about the 
potential for corrosion damage to pre-positioned stocks, which 
are frequently located in highly corrosive environments. Such 
corrosion could degrade readiness to respond to contingencies 
and be very costly to fix. The conferees agree that GAO is best 
suited to conduct a review of this concern. The conferees, 
therefore, encourage GAO, instead of the Department of Defense 
Inspector General as proposed by the Senate, to conduct a 
review of the impact of corrosion on pre-position assets, and 
recommend policy, management or funding changes to mitigate 
that corrosion.
      Finally, the conferees commend the Department of Defense 
in its establishment of an Office of Corrosion Policy and 
Oversight (CPO) for focused management attention on corrosion 
control. The conferees reiterate the importance of continuing 
to maintain within a central office, as directed by section 
2228 of title 10, United States Code, the integration of 
oversight for both equipment and infrastructure. The conferees 
believe such integration is essential to ensuring that anti-
corrosion benefits are fully realized across the installation 
and equipment communities.


                    Adjustments to Budget Activities

      Adjustments to the budget activities are as follows:

                        [In thousands of dollars]

Budget Activity 1: Operating Forces:
    250  Ultra Lightweight Camouflage Net System 
      (ULCANS)..........................................           2,500
    250  Modular General Purpose Tent System (MGPTS)....           2,600
    250  Tactical Operations Centers (ELAMS/IMECCS) for 
      USASOC and 4th Infantry Division..................           4,500
    250  Basic Hydration on the Move....................           1,400
    250  Fleece Insulated Liners (for ECWCS)............           5,600
    300  USAARMC FCS Support Cell at Fort Knox..........           1,000
    400  Modernized Equipment Support Cost Unjustified 
      Growth............................................         -10,000
    400  Leak Proof Transmission Drip Pans..............           2,000
    450  Rotational Training Unjustified Cost Growth....          -5,000
    450  Forward Osmosis Water Filtration...............           5,300
    450  USARPAC SBCT C4 Infrastructure.................           6,000
    550  Advanced Combat Helmet.........................          14,000
    550  Pacific Deployable C4 Package..................           1,700
    550  USARPAC C4 Information Infrastructure..........           7,400
    600  Tactical Exploitation System...................          -4,000
    600  Vehicle Integrated Primary Electrical Resource.           3,000
    600  AFATDS Regional Training Team..................           5,300
    650  M1A1 Transmission Maintenance..................          12,000
    750  Base Operating Support Unjustified Growth......         -14,000
    750  Renewal of Sunshine Road Ammunition 
      Transportation Route, Fort Benning................           2,000
    750  Upgrade Telecommunications Infrastructure, Fort 
      Monmouth..........................................           1,000
    750  Army Conservation and Ecosystem Management.....           3,000
    750  Fort Hood Offsite Conservation Program.........             850
    750  Fort Knox Crossroad Cluster Communities MOUT 
      Site..............................................             750
    750  Fort Richardson Biathalon Trail Upgrade........           1,000
    750  Restore Woody Island and Historic Structures...           1,000
    750  USARAK Road Repairs............................          11,000
    800  Rock Island Arsenal Wash Bay--Transferred to 
      Weapons and Tracked Combat Vehicles, Army, Line 38               0
    800  Rock Island Arsenal Laser Cutting Machine--
      Transferred to Weapons and Tracked Combat 
      Vehicles, Army, Line 38...........................               0
    800  Rock Island Arsenal Titanium Welding Cell--
      Transferred to Weapons and Tracked Combat 
      Vehicles, Army, Line 38...........................               0
    800  Fort Wainwright Utilidor Repairs...............           8,500
    800  Rockfall Mitigation below Tripler AMC..........           2,400
    850  PACMERS........................................           3,300
    900  Specialty Containers (Quadcons)................           2,800
    950  WMD-CSTs.......................................           4,200
Budget Activity 2:
    1300  Industrial Mobilization Capacity..............           4,600
Budget Activity 3: Training and Recruiting:
    1650  ROTC Cadre and Support Costs Unjustified 
      Growth............................................          -6,000
    1650  Air Battle Captain Program....................           2,000
    1850  Satellite Communications for Learning (SCOLA), 
      DLI Foreign Language Center.......................           3,000
    1850  Virtual Reality Spray Paint Simulator System 
      and Training Program..............................           1,500
    1850  Video Interactive Training and Assessment 
      System............................................           1,700
    1850  Military Police MCTFT Joint Training..........           1,000
    1950  Leadership for Leaders at CGSC/CAL and KSU....           1,000
    1950  Management Training...........................           1,000
    2000  Training Support and Doctrine Development 
      Unjustified Growth................................         -20,000
    2000  Training Instrumentation for Air and Missile 
      Defense Units, Fort Bliss.........................           3,500
    2000  DLIFLC Global Language On-line Support System 
      (GLOSS) Project...................................           1,700
    2000  DLIFLC Persian-Farsi Curriculum Development--
      Semester 2........................................           1,400
    2000  Joint Training Exercise Experimentation 
      Project...........................................           2,000
    2350  Online Technology Training Program, Fort Lewis           1,900
    2350  Online Technology Training Program............           1,400
    2400  Philadelphia Military Academy.................           1,000
Budget Activity 4: Administration and Servicewide 
    Activities:
    2650  Security Programs Classified Adjustment.......          16,450
    2800  NATO 9T AGM Batteries.........................           1,900
    2800  Pulse Technology--Army Battery Management 
      Program...........................................           2,800
    2800  Integrated Digital Environments Pilot Program 
      for Army Aviation Fleet Logistics Management......           1,200
    2850  Integrated Digital Environments (IDE) PEO 
      Ground Combat Systems.............................           1,000
    2850  Sense and Respond Logistics 2.................           2,400
    2850  Controlled Humidity Preservation Program, Soft 
      Portable Tunnels..................................           1,000
    2850  Army Ground Systems Integrated Lean Enterprise 
      (AGILE)...........................................           4,200
    2850  Corrosion Prevention and Control..............           6,800
    2850  Field Pack Up System..........................           2,800
    3000  OASA (CW) transfer to Energy and Water 
      Subcommittee......................................          -4,000
    3050  Army Knowledge Online (AKO)...................           3,400
    3050  Infrastructure Upgrades at Camp Carroll.......             423
    3200  One Soul: Holocaust Education Exhibit.........           1,000
    3200  Memorial Day..................................             900
    3200  Army Legacy Logistics Systems Modernization...           4,900
    3200  Centralized Range Residue Recycling Facility 
      (CRRRF)...........................................           1,300
    3650  Center for Disaster Management and 
      Humanitarian Assistance...........................           1,000
Undistributed:
    3730  Repairs at Fort Baker.........................           1,900
    4100  Administration and Servicewide Activities.....         -54,000
    4110  Civilian Pay Overstatement....................         -66,100
    4130  Military to Civilian Conversions..............         -65,000
    4137  NATO Mission Support Costs....................        -320,850

               Army Conservation and Ecosystem Management

      The conferees provide an additional $3,000,000 to 
continue the Army Conservation and Ecosystem Management 
program. The conferees recommend $1,000,000 be used to support 
projects such as Kahuku flooding, Salt Lake sediment run-off, 
and Helemanu water transmission.

                     M1A1 Transmission Maintenance

      The conferees provide an additional $12,000,000 for M1A1 
Transmission Maintenance. The conferees recognize that the Army 
is committed to address the transmission industrial base but 
remain concerned about the implementation and funding of the 
Transmission Enterprise Program. According to the Army's report 
to Congress on future plans to sustain the operational 
readiness of tank transmissions for the Abrams fleet, the 
funding shortfall to sustain the business base exceeds the 
additional funding provided. Therefore, the conferees direct 
the Department of the Army to develop a plan to sustain this 
industrial base through fiscal year 2005. This plan is to be 
submitted to the congressional defense committees before 
submission of the fiscal year 2006 budget request and include 
funding strategies to address this shortfall through the future 
years defense program.


                    Adjustments to Budget Activities

      Adjustments to the budget activities are as follows:

                        [In thousands of dollars]

Budget Activity 1: Operating Forces:
    4560  Publications Costs and Maintenance Trends 
      Analysis Unjustified Growth.......................         -15,000
    4560  Navy Air Logistics Data Analysis..............          -8,000
    4650  Naval Aviation Depot (NADEP) Support of the 
      FRP...............................................           1,200
    4650  Simulation Modeling Analytical Support System 
      (SMASS) Program...................................           1,000
    4650  CAT & RADCOM Test Program Sets Life Extension 
      Program...........................................           5,100
    4650  Navy Converged ERP Program Reduction..........          -5,000
    4650  Low Observability Coatings and Materials 
      Maintenance, COE..................................           1,000
    4850  Pierside and Organizational Maintenance U.S.S. 
      Eisenhower........................................           7,500
    5000  Ship Depot Maintenance........................          11,300
    5050  Single Torpedo Maintenance Facility...........           1,100
    5050  Engineering Technician, Apprentice, Co-op 
      Program, NUWC Keyport.............................           1,100
    5050  Improved Engineering Design Process...........           1,100
    5050   Cruiser Conversion...........................         -43,100
    5050  Manufacturing Technical Assistance and 
      Production Program................................           2,800
    5050  Naval Shipyard Apprenticeship Program.........           1,500
    5450  Center of Excellence for Disaster Management 
      and Humanitarian Assistance.......................           4,500
    5450  PACOM Theater Joint C4........................           2,900
    5500  Excessive Growth for JFCOM....................         -15,000
    5550  Manual Reverse Osmosis Desalinator (MROD) 
      Testing, Repair and Replacement...................           1,000
    5900  Mk 45 5 Inch Gun Depot Overhauls..............          14,000
    6210  Toledo Shipyard Improvement Plan..............           1,500
    6210  Education, Childhood Development, Groton Navy 
      Submarine Base....................................             975
    6210  Seal Beach Naval Weapons Station Bridge 
      Removal...........................................             450
    6220  Base Operating Support Unjustified Growth.....          -7,500
    6220  Naval Integrated Security System, Naval 
      Station San Diego.................................           2,800
    6220  Navy Region Northwest--Navy Shore 
      Infrastructure Transformation (NSIT)..............           4,600
    6220  Navy Region Southeast--Integrated Safety 
      Management System (ISMS) Completion...............           2,200
    6220  Combating Terrorism Database System (CDTS) 
      Remote Data Repository (RDR) Project..............           1,200
    6220  Annual Savings from NSRR Disestablishment.....         -30,000
    6220  Flood Mitigation at Lualualei.................           2,600
    6220  PMRF Flood Control............................           3,000
Budget Activity 2: Mobilization:
    6500  Ship Disposal Program.........................           7,000
Budget Activity 3: Training and Recruiting:
    7200  Near Pier-Side Tactical and Simulation 
      Training..........................................           1,000
    7200  Blended Learning Initiative...................           1,000
    7250  Night Vision Goggles in Advanced Helicopter 
      Training..........................................           1,500
    7300  Navy Advanced Education Demonstration Project.             500
    7300  Center for Defense Technology and Education 
      for the Military Services (CDTEMS)................           4,000
    7300  Navy Professional Military Education..........           1,000
    7350  Vital Learning Recruitment/Retention Screening 
      Test Program......................................           1,000
    7600  Continuing Education Distance Learning........           1,000
    7700  Naval Sea Cadet Corps.........................           1,700
    7700  Naval Junior ROTC Marine Science Research 
      Program...........................................           1,000
Budget Activity 4: Administration and Servicewide 
    Activities:
    8550  Stainless Steel Sanitary Spaces...............           3,000
    8550  Knowledge Management and Decision Support 
      System............................................           6,000
    8550  RFID..........................................           1,000
    8600  Active Data-Rich RFID AIT for Navy In-Transit 
      Visibility Infrastructure.........................           1,500
    9000  Local Situational Assessment Segment, NAS 
      Lemoore...........................................           3,000
    9000  Navy Integrated Security System (NISS)........           3,400
    9000  Security Programs Classified Adjustment.......          23,455
Undistributed:
    9550  Administration and Servicewide Activities.....         -61,000
    9570  Civilian Pay Overstatement....................         -13,300
    9580  Military to Civilian Conversions..............         -17,000
    9590  Civilian Separation Incentive.................         -14,500
    9612  NATO Mission Support Costs....................         -11,025

                       U.S. Naval Sea Cadet Corps

      The conferees include an additional $1,700,000 for the 
U.S. Naval Sea Cadet Corps and urge the Navy to fund this 
program in the fiscal year 2006 budget request.

 Navy Region Northwest-Navy Shore Infrastructure Transformation (NSIT)

      The conferees have included $4,600,000 for the Navy Shore 
Infrastructure Transformation (NSIT) program at Navy Region 
Northwest. The conferees support the efforts underway at Navy 
Region Northwest to improve and make more efficient the efforts 
for environmental protection and environmental training as well 
as base security in this region. The conferees further direct 
that from within these funds, $500,000 is available only to 
continue the Navy Region Northwest's Science Education Alliance 
program at the Naval Undersea Museum during the 2004-2005 
academic year.

                Critical Asset Vulnerability Assessment

      The fiscal year 2004 Defense Appropriations Act included 
$1,400,000 within Operation and Maintenance, Navy for a program 
known as Critical Asset Vulnerability Assessment, Navy Region 
Northwest. This funding was intended to identify and address 
significant issues relating to the security of major assets in 
the Navy's Northwest region. The conferees note that the Navy 
has in fact developed plans to address these issues, and direct 
that the Navy may use the funds provided to continue risk 
assessments, conduct technology evaluations, and mitigate 
vulnerabilities.

                   Global Hawk Maritime Demonstration

      The conferees agree that the Navy should retain its 
Global Hawk High Altitude Endurance Unmanned Aerial Vehicle as 
proposed in the President's budget. The conferees encourage the 
Navy to expand its current demonstration project to include 
forward deployed forces in the theater of operations of the 
United States Central Command. The conferees further encourage 
the Navy to compile the lessons learned in conducting the 
demonstration program, specifically in that area of 
responsibility, and incorporate those lessons into the 
development of concepts of operations for unmanned aerial 
vehicles.

                   Naval Shipyard Apprentice Program

      The conferees provide an additional $1,500,000 for the 
Shipyard Apprentice Program and direct the Navy to induct 
classes of no fewer than 150 apprentices at each of the naval 
shipyards during fiscal year 2005. Further, the conferees 
direct the Navy to include the costs of the fiscal year 2006 
class of apprentices in the fiscal year 2006 budget estimate.

                          Naval Installations

      The conferees have been advised by senior Navy leadership 
of their intention to address the concerns raised by the Senate 
to include restoring funding reduced for sustainment, 
restoration and maintenance projects. Therefore, the conferees 
will not offer any additional guidance on this subject. 
However, the Committees on Appropriations will continue to 
monitor the recommendations and activities of the Naval 
Installation Command to ensure that all regions are treated 
equitably and that sufficient funding is allocated for Navy 
bases.


                    Adjustments to Budget Activities

      Adjustments to the budget activities are as follows:

                        [In thousands of dollars]

Budget Activity 1: Operating Forces:
    12600  Maintain 52 F-117 Aircraft...................           7,900
    12600  Forward Osmosis Water Filtration Devices.....           1,000
    12600  F-15E Oxygen Concentrator Reliability 
      Improvement Program...............................           1,000
    12600  Combat Air Systems Activities, 480th Intel 
      Squadron..........................................          -9,000
    12600  B-52 Attrition Reserve.......................          25,000
    12750  JNTC Distributed Mission Operations 
      Unjustified Growth................................         -15,000
    12775  Transfer to O&M;, Air National Guard..........         -39,300
    12775  Oxygen Repair Facility.......................             600
    12775  Rack Mounted Improved AIS....................           3,900
    12775  Relational Extraction Server.................             475
    12775  Aircraft Defect Detection and Performance 
      Application.......................................             500
    12800  Air Operations Centers Unjustified Growth....         -10,000
    12850  Fairchild AFB Force Protection Rail 
      Relocation........................................             500
    12850  11th Air Force Range Power and Fiber Upgrades           5,100
    12850  Alaska Land Mobile Radio.....................           3,200
    12850  Elmendorf AFB Community Center Enhancements..             700
    12850  PACAF IT Consolidation/Storage Area Network..           6,900
    12850  Andersen AFB Invasive Species Pilot Project..             250
    12850  Acquisition of Native Allotment F-14589......           2,500
    12850  Force Protection--Ellsworth AFB..............             500
    12900  Building 9480 Renovation.....................          13,500
    12900  COPE THUNDER Facilities Renovation...........           6,000
    12900  Eielson AFB Utilidor Repairs.................           8,500
    12900  Engineering and Environmental Assessment for 
      Stryker Railroad Extension........................          14,000
    12900  PARC Upgrade--ACTS Ranges Phase 2............           8,500
    13000  C31 Operations and Sustainment Unjustified 
      Growth............................................         -20,000
    13050  Sooner Drop Zone Extension...................             600
    13050  University Partnership for Operational 
      Support...........................................           2,600
    13100  Engineering, Installation Support, and 
      Expanded Space Operations School Unjustified 
      Growth............................................         -20,000
    13100  Contaminant Air Processing System (CAPS).....           1,400
    13200  Management Support for Air Force Battle Labs.           4,300
    13400  Maintenance and Upkeep of Rocket Engine Test 
      Stands at Edwards AFB.............................           3,000
    13690  Repair Jump Tower at Kirtland AFB............             600
Budget Activity 2: Mobilization:
    13850  Scot Joint Combined Aircrew System Tester 
      (JCAST)...........................................           2,000
    13850  Active Noise Reduction Headsets..............           1,000
    13975  Transfer to O&M; Air National Guard...........         -39,500
Budget Activity 3: Training and Recruiting:
    14600  Pavement Equipment Operator Course 
      Consolidation Whiteman Air Force Base.............           1,900
    14600  National Airborne Operations Center (NAOC)...             700
    14650  AWACS Communications Training................           1,000
    14750  Geospatial Distant Learning and Higher 
      Education Development.............................           1,000
    14750  Simulation Training for WMD Emergency 
      Response Programs.................................           1,000
    14750  Center of Excellence for Learning Technology.           1,000
    14950  Reduced Recruiting Goals.....................         -23,000
    15100  Online Technology Training Program McChord 
      AFB...............................................           1,000
    15100  Online Technology Training Program Nellis AFB           1,000
    15100  Online Technology Training Program MacDill 
      AFB...............................................           2,000
Budget Activity 4: Administration and Servicewide 
    Activities:
    15350  Hickam AFB Alternative Fuel Vehicle Program..           3,400
    15400  Engine Health Management Data Repository 
      Center............................................           1,700
    15550  Wright-Patterson AFB Civil Engineering 
      Critical Infrastructure Data Set Development......           1,000
    15950  Joint Personnel Recovery Agency..............           1,400
    16000 Demonstration Project for Contractors 
      Employing Persons with Disabilities...............           1,000
    16100  William Lehman Aviation Center...............             750
    16100  Defense Installation Spatial Data 
      Infrastructure (DISDI)............................           5,100
    16250  Security Programs Classified Adjustment......          11,500
Undistributed:
    16710  Administration and Servicewide Activities....         -94,000
    16720  Base Operations Support......................         -21,500
    16730  Civilian Pay Overstatement...................         -12,500
    16780  Military to Civilian Conversions.............         -38,500
    16790  Civilian Separation Incentive................         -36,500
    16805  NATO Mission Support Costs...................        -141,402


                    Adjustments to Budget Activities

      Adjustments to the budget activities are as follows:

                        [In thousands of dollars]

Budget Activity 1: Operating Forces:
    17050  TJS--CJCS Exercise Program...................         -40,000
    17100  SOCOM--Completion of Knowledge Superiority 
      for Transitional Warfighter.......................           1,000
    17100  SOCOM--Decreased Airlift requirements........         -10,000
    17100  SOCOM--NATO Mission Support Costs............          -2,300
    17100  SOCOM--SOCOM Unjustified Growth..............         -15,000
Budget Activity 3: Training and Recruiting:
    17480  DHRA--DLAMP Program Growth...................          -5,000
    17480  DHRA--Joint Advertising Market Research and 
      Studies Program...................................          10,000
    17610  NDU--Continuing Education....................           1,500
    17610  NDU--NDU Integrated Strategic Education......           1,000
    17610  NDU--Joint Staff Infrastructure..............           1,200
    17610  NDU--Commissioned Officer Education 
      Assistance........................................           1,000
Budget Activity 4: Administration and Servicewide 
    Activities:
    17750  CMP--Outdoor Odyssey.........................             500
    17750  CMP--Innovative Readiness Training...........           8,500
    17750  CMP--National Guard Youth Challenge Program..           7,200
    17750  CMP--Operation Walking Shield Program........           3,000
    17875  DHRA--Defense Business Fellow................          -4,400
    17875  DHRA--Business Systems.......................          -2,000
    17900  DISA--Program Growth.........................         -25,000
    17900  DISA--Transaction Monitoring Improvement 
      Project...........................................           1,000
    17925  DLA--Passive RFID Prototype Project..........           1,000
    17925  DLA--Commercial Technologies for Maintenance 
      Activities........................................          12,750
    17925  DLA--Alaska Logistics Center.................           7,650
    17925  DLA--NATO Mission Support Costs..............          -1,600
    17925  DLA--Procurement Technical Assistance 
      Cooperative Agreement Program.....................           7,403
    17925  DLA--RFID....................................           3,500
    17975  DODEA--Family Advocacy Program...............          17,000
    17975  DODEA--Office of Victims Advocate............           1,800
    17975  DODEA--Professional Development Project--
      Instruction for Dyslexic Students.................           1,000
    17975  DODEA--Lewis Center for Educational Research.           2,550
    17975  DODEA--Internet Safety and Education.........           1,000
    17975  DODEA--DoDEA Facilities SRM..................          12,750
    17975  DODEA--DoDEA Mathematics and Technology 
      Teachers Development..............................           1,000
    17975  DODEA--DoDEA Unjustified Certification 
      Program...........................................         -10,000
    18050  DSS--Unjustified Program.....................         -25,000
    18075  DTRA--Export Control Database................           1,300
    18100  OEA--March Joint Powers Authority--Arnold 
      Heights Reuse Project.............................           1,500
    18100  OEA--Davids Island--Fort Slocum Remediation..           2,600
    18100  OEA--McClellan AFB--Sewer Remediation........           2,000
    18100  OEA--Bayonne Military Ocean Terminal.........           5,000
    18100  OEA--Cecil Field.............................           1,000
    18100  OEA--Hunters Point Naval Shipyard............           2,250
    18100  OEA--Norton AFB..............................           4,250
    18100  OEA--George AFB..............................           1,700
    18100  OEA--Adak Airport Operations Improvements....           3,400
    18100  OEA--Fort Benjamin Harrison Relocation 
      Project...........................................          -2,000
    18100  OEA--Port of Anchorage Army Deployment 
      Staging Area......................................           5,000
    18100  OEA--Port of Anchorage Intermodal Marine 
      Facility Project..................................           7,375
    18100  OEA--UCHSC-DCH Fitzsimmons Medical Center....           6,500
    18100  OEA--Program for Citizen-Soldier Support.....           1,800
    18100  OEA--Thorium/Magnesium Excavation--Blue 
      Island............................................             500
    18125  OSD--BMMP....................................          -7,000
    18125  OSD--BMMP Domains............................         -15,000
    18125  OSD--Logistics System Modernization..........          -4,000
    18125  OSD--Net Assessment..........................          -4,000
    18125  OSD--DoD CIO.................................          -2,500
    18125  OSD--OSD Study Program.......................          -4,000
    18125  OSD--OSD Contract and Support................          -5,000
    18125  OSD--Public Affairs..........................         -11,500
    18125  OSD--Readiness and Range Initiative..........          -7,500
    18125  OSD--Training Transformation.................          -5,000
    18125  OSD--Comptroller Initiatives.................          -6,500
    18125  OSD--Defense Procurement and Acquisition 
      Policy............................................          -7,500
    18125  OSD--Study on Internet and Wireless 
      Technology........................................           1,000
    18125  OSD--Middle East Regional Security Program...           1,250
    18125  OSD--National Strategic Seaport Model........           1,500
    18125  OSD--Military Leadership and Rule of Law 
      Program...........................................           1,000
    18125  OSD--National Dedicated Fiber Optic Network 
      Program...........................................           1,000
    18125  OSD--Center for Foreign Language Study.......           1,000
    18125  OSD--Command Information Superiority 
      Architectures.....................................           1,000
    18125  OSD--Clinic for Legal Assistance to Service 
      Member............................................             750
    18125  OSD--Information Technology Organizational 
      Composition Project...............................           1,300
    18125  OSD--Norm Mineta Internship Immersion Program           2,550
    18125  OSD--Asia Pacific Regional Initiative........          14,000
    18125  OSD--Capital Security Cost Share Program.....         -27,300
    18125  OSD--Information Assurance Scholarship 
      Program...........................................           2,250
    18125  OSD--Beyond Goldwater-Nichols Study..........           1,000
    18125  OSD--Foreign Disclosure On-Line Training, 
      Education and Certification.......................             500
    18125  OSD--DoD Center for Child Protection.........             500
Undistributed:
    19010  Impact Aid...................................          30,000
    19015  Impact Aid for Children with Disabilities....           5,000
    19020  Other Programs...............................         -16,435

                     Beyond Goldwater-Nichols Study

      Last year the conferees directed the Department to 
undertake a review of reform initiatives going beyond the 
Goldwater-Nichols reforms of the mid-1980's. The conferees note 
that further work is now needed on regional command structures, 
the future of the Guard and ReserveComponents, and the 
acquisition process. The conferees provide $1,000,000 to continue this 
work.

                      Center for Child Protection

      The conferees agree to provide $500,000 to the Office of 
the Secretary of Defense (OSD) to fund operational costs of the 
Center for Child Protection. This Center, formerly funded by 
the Navy's National Medical Center in Bethesda, Maryland, is 
more appropriately funded and overseen by OSD, given the 
breadth of the Center's activities.

                      Pentagon Child Care Facility

      The conferees are concerned about the closure of the 
Pentagon Child Development Center, noting that most of the 
parents were caught off guard by the announcement and are 
having trouble making alternate arrangements. The conferees 
understand the Department is aiding families in finding 
placement in alternate centers; however, many of those 
locations have limited spaces available and are not convenient 
for many Pentagon employees. The conferees are also aware that 
the Department intends to execute a military construction 
project in fiscal year 2006 to expand the child care facilities 
at Fort Myer to be the permanent facility for Pentagon 
employees. Since it could take up to three years to complete 
such a project, the conferees are deeply concerned about the 
impact this will have on parents and their families. Therefore, 
prior to closure of the Center, the conferees direct the 
Department to report to the congressional defense committees on 
its plans to satisfy the child care needs of Pentagon 
employees. The report shall address the use of alternate 
locations with minimal adverse impact to families as well as a 
timeline and plan for a replacement facility.


                    Adjustments to Budget Activities

      Adjustments to the budget activities are as follows:

                        [In thousands of dollars]

Budget Activity 1: Operating Forces:
    26180  Divisions/Cannon Bore Cleaning...............           1,300
    26180  Divisions/Extended Cold Weather Clothing 
      System............................................           3,800
    26420  Base Operations Support/Communicator-
      Automated Emergency Notification System...........           2,200
    26480  Miscellaneous Activities/WMD-Civil Support 
      Teams.............................................           9,800
Budget Activity 4: Administration and Servicewide 
    Activities:
    26660  Staff Management/Base Wide Protection and 
      Facilities Monitoring System......................           4,800
    26660  Staff Management/CBRA........................           1,000
    26660  Staff Management/Civil Support Team Trainer..           2,000
    26660  Staff Management/Lewis and Clark Bicentennial 
      Commemoration Support.............................             600
    26680  Information Management/Information Operations 
      Training and Operations...........................           2,800
    26680  Information Management/Readiness and Regional 
      Technology Enhancements...........................           1,000
    26680  Information Management/Real-Time Security 
      Program...........................................           1,700
Undistributed:
    26820  Angel Gate Academy...........................           2,000
    26830  National Emergency and Disaster Information 
      System............................................           3,000
    26890  Joint Training and Experimentation Program...           4,300
    26940  Rural Access to Broadband Technology.........           3,400
    26970  National Guard Global Education Project......             500
    27090  National Response Center WMD Facility........           3,000
    27100  Adv Emergency Medical Response Training 
      Program...........................................           1,300
    27110  Homeland Operational Planning System.........           6,800
    27140  Advanced Information Technology Services 
      (C4ISR)...........................................           1,000
    27310  Military Technician Cost Avoidance...........         -55,000
    27341  National Guard Motor Pool Parts Tracking 
      System............................................           1,700
    27345  Unobligated Balances.........................         -21,900
    27350  ERP for Army Guard Installations.............           1,000
    27360  Omega 36 Battle Effects Simulator............           1,500
    27365  Regional Geospatial Service Center...........           1,000
    27370  AVCRAD Replacement Equipment.................           1,500
    27381  Community Emergency Response/Info Analysis 
      Center............................................           1,700
    27380  Tactical Operations Center (ELAMS/MECCS).....           1,300
    27383  Strategic Biodefense Initiative..............           8,500
    27384  Advanced Starting Systems....................             500
    27385  Infantry Helmet Liner Retrofit (BLISS Kit)...           2,200
    27386  District of Columbia NG Tuition Assistance...             200
    27387  Asset Consolidation and Decision-Making 
      Technology........................................           1,200

   Distributive Training Technology Project (DTTP)/Reserve Component 
                        Automation System (RCAS)

      The conferees provide the full amount requested for 
Distributive Training Technology Project (DTTP) and the Reserve 
Component Automation System (RCAS). The conferees expect that 
these funds will be expended in accordance with the detailed 
program descriptions included with the fiscal year 2005 
President's Budget submission.


            Overseas Contingency Operations Transfer Account

      The conference agreement provides $10,000,000 for the 
Overseas Contingency Operations Transfer Account.

          United States Court of Appeals for the Armed Forces

      The conference agreement provides $10,825,000 for the 
United States Court of Appeals for the Armed Forces.

                    Environmental Restoration, Army

      The conference agreement provides $400,948,000 for 
Environmental Restoration, Army, instead of $566,948,000 as 
proposed by the Senate.

                    Environmental Restoration, Navy

      The conference agreement provides $266,820,000 for 
Environmental Restoration, Navy, instead of $447,820,000 as 
proposed by the Senate.

                  Environmental Restoration, Air Force

      The conference agreement provides $397,368,000 for 
Environmental Restoration, Air Force.

                Environmental Restoration, Defense-Wide

      The conference agreement provides $23,684,000 for 
Environmental Restoration, Defense-Wide, instead of $26,684,000 
as proposed by the House.
      The conferees have transferred Perchlorate Destruction by 
UV Catalyzed Iron Reaction to Research, Development, Test and 
Evaluation, Defense-Wide, Line 62.

         Environmental Restoration, Formerly Used Defense Sites

      The conference agreement provides $266,516,000 for 
Environmental Restoration, Formerly Used Defense Sites, instead 
of $216,516,000 as proposed by the House and $276,516,000 as 
proposed by the Senate.

             Overseas Humanitarian, Disaster, and Civic Aid

      The conference agreement provides $59,000,000 for 
Overseas Humanitarian, Disaster, and Civic Aid.

              Former Soviet Union Threat Reduction Account

      The conference agreement provides $409,200,000 for the 
Former Soviet Union Threat Reduction Account.


                   Joint Tactical Radio System (JTRS)

      The conferees share the view expressed in the report 
accompanying the Senate version of the fiscal year 2005 DoD 
Appropriations Bill noting that the JTRS waiver policy has 
created a bottleneck in meeting the needs of operational 
commanders. Therefore, the conferees direct that the Assistant 
Secretary of Defense for Networks Information Integration (ASD 
NII), and the Joint Staff report back to the congressional 
defense committees no later than January 3, 2005 on a new plan 
which establishes and describes a process which allows the 
rapid resourcing and fielding of radios, terminals, or other 
communications systems which are not JTRS compliant to meet the 
needs of units deploying in support of Operation Iraqi Freedom 
(OIF), Operation Enduring Freedom (OEF), and the Global War on 
Terrorism. Further, this report should address the option of 
suspending the JTRS waiver process until JTRS solutions are 
available for fielding. In addition, the conferees direct the 
Secretary of the Army to provide a report to the congressional 
defense committees no later than November 1, 2004 on the 
disposition and shortages of radios, terminals, or other 
communication systems which are not JTRS compliant yet needed 
to support units deploying in support of OIF and OEF. This 
report should provide a rapid resourcing and fielding plan for 
radios, terminals, or other communication systems that does not 
place the resourcing burden on the individual unit commanders, 
yet meets their operational needs.


                   Next Generation Destroyer (DD(X))

      The conferees agree to provide a total of $305,516,000 
for advance procurement for the DD(X) class of ships instead of 
$320,516,000 as proposed by the Senate and no appropriation as 
proposed by the House. The conferees direct the Navy to include 
future funding requests for the DD(X) in the Shipbuilding and 
Conversion, Navy appropriation.
      Within the funds provided, $221,116,000 is only for 
design and advance procurement requirements associated with the 
first ship of the DD(X) class and $84,400,000 is only for 
design and advance procurement requirements associated with 
construction of the second ship at an alternative second source 
shipyard. The conferees direct that no funds shall be available 
for the procurement of long lead time material for items that 
are dependent upon delivery of a DD(X) key technology unless 
that technology has undergone testing, thereby reducing risk to 
overall program costs.
      The conferees direct that full funding of the remaining 
financial requirement for these ships, not including 
traditional advance procurement requirements, shall be included 
in a future budget request.

                      DDG-51 Modernization Program

      The conferees agree to provide $50,000,000 to accelerate 
a DDG-51 Modernization program, instead of $100,000,000 as 
proposed by the House and no appropriation as proposed by the 
Senate.
      The conferees direct that these funds may not be 
obligated or expended until the Navy submits to the 
congressional defense committees a detailed plan on its 
execution of a DDG-51 Modernization program that focuses first 
on modernizing the new construction, near-term delivery ships 
and then on the in-service Fleet ships. The plan should address 
each element of the modernization plan, the cost-benefit of the 
element, and the implementation of the plan by hull number.
      The conferees agree that the Navy's DDG-51 modernization 
plan should emphasize proven technology and modularity 
applications that will help increase warfighting capabilities, 
reduce total ownership costs and manning requirements, and 
expand the use of open architecture.


                         Cruiser Modernization

      The conferees agree to provide no appropriation for 
Cruiser Modernization as proposed by the Senate instead of the 
budget request as proposed by the House.
      The conferees take this action reluctantly based on the 
need to modernize these assets. However, the Navy's plan was 
simply inadequate in its presentation and planned execution. 
Furthermore, content of the modernization program changed 
significantly from the proposal presented with the fiscal year 
2004 budget, while program cost remained the same, calling into 
question the soundness of the Navy's efforts.
      The conferees remain interested in ensuring a modern 
Naval Fleet and would encourage the Navy to continue to refine 
its requirements with respect to modernization of the Cruiser 
inventory and request funds as appropriate in a future budget 
request.

                      Physical Security Equipment

      The conferees agree to provide $179,114,000 for Physical 
Security Equipment instead of $197,214,000 as proposed by the 
House and $157,714,000 as proposed by the Senate. The conferees 
agree that of this amount, $17,900,000 may not be obligated or 
expended until the Secretary of the Navy submits a report to 
the House and Senate Committees on Appropriations that 
addresses how the Navy intends to execute the expenditure of 
the appropriated funds.
      The conferees further agree with the House position which 
requests the Navy centralize decision-making authority for all 
anti-terrorism and force protection requirements.


                       C-17 Multiyear Procurement

      The conferees have provided an additional $158,600,000 in 
funding for the procurement of 15 C-17s in fiscal year 2005. 
Language has also been included in ``Aircraft Procurement, Air 
Force'' requiring the Air Force to procure 15 aircraft in 
fiscal year 2005; provide advance procurement for 15 aircraft 
in 2006; and to fully fund 15 aircraft in fiscal year 2006. The 
conferees agree with the House language regarding the Air Force 
interpretation of multiyear procurement regulations in this and 
the C-130J program. The conference report includes a general 
provision amending multiyear procurement contract requirements 
proposed in the House bill to prevent this approach in the 
future.
      A general reduction in funding for Aircraft Procurement, 
Air Force, has been included accordingly with a requirement 
that the reduction be applied equitably across all elements of 
this appropriation.

                    Tanker Replacement Transfer Fund

      The conference report includes a general provision, 
section 8132, which provides $100,000,000 to establish the 
``Tanker Replacement Transfer Fund''. The establishment of this 
fund reflects the conferees' intent that the Air Force proceed 
apace with replacing its fleet of aging aerial refueling 
aircraft. In particular, the Department of Defense should 
endeavor to complete as quickly as possible the ongoing 
analysis of tanker replacement program alternatives.
      The funds provided under section 8132 may be used to 
implement the current tanker replacement program of record. The 
conferees note, however, that the fluid nature of the situation 
surrounding this program prohibits a definitive allocation of 
funds for specific activities. Thus, the conference report 
provides the Secretary of the Air Force with the authority to 
allocate these funds to Air Force operation and maintenance, 
procurement, or research and development accounts, allowing the 
Air Force to quickly implement tanker acquisition plans once a 
final plan is approved. In any case, the conferees strongly 
urge the Department of Defense to thoroughly consider the 
effects on the U.S. aircraft industrial base of any and all 
tanker replacement program alternatives.

                    F/A-22 Independent Cost Estimate

      The conferees note that several significant decision 
points regarding continued production of the F/A-22 lay in the 
not-so-distant future. The program recently entered into 
Initial Operational Test and Evaluation, which is scheduled to 
conclude in the fall. Following completion of IOT&E;, the 
Department will consider whether to grant authority for the 
program to enter full rate production, whether and when to 
request multiyear procurement authority, and as a subtext to 
all of this, whether there is a need to increase the production 
cost cap established under authorization law.
      The conferees believe this is the appropriate point in 
the program to recalibrate F/A-22 cost models using the latest 
information on current and projected costs. Accordingly, the 
conferees direct the Under Secretary of Defense for Acquisition 
Technology and Logistics to sponsor a new comprehensive F/A-22 
independent cost estimate (ICE), to be conducted by a federally 
funded research and development center (FFRDC) with 
demonstrated competence in this area in coordination with the 
Defense Contract Audit Agency (DCAA). This analysis should: (1) 
determine appropriate estimates of unit costs and validate unit 
cost models and related assumptions to include all pertinent 
pricing cost data based on the latest projections of production 
efficiencies; (2) identify optimal yearly production profiles 
that can be financed under the budgetary framework contained in 
the 2005 Future Years Defense Plan; and, (3) determine 
appropriate estimates of remaining non-recurring development, 
test, and acquisition program oversight costs. The conferees 
expect that the FFRDC will be allowed to both contract the 
services of a private sector audit entity experienced in 
industry costing techniques, and coordinate the execution and 
review of this ICE with the DCAA. The conferees expect the F/A-
22 prime contractor to provide full access and cooperation with 
this analytical effort to the FFRDC, DCAA, and any private 
sector audit agency involved under rules and procedures that 
adequately protect the confidentiality of proprietary financial 
data and manufacturing techniques. This ICE is to be 
transmitted to the congressional defense committees not later 
than August 15, 2005.

                    Heavy Outsized Airlift Capacity

      The conferees are aware of the on-going Mobility 
Capabilities Study and the probability that the current 54.5 
MTM/day requirement will increase. The conferees, similar to 
the Air Force, recognize the value of filling whatever heavy, 
outsized lift requirement is validated with the most cost 
effective fleet structure to include better use of the Civilian 
Reserve Air Fleet (CRAF). The conferees direct the Secretary of 
the Air Force to provide the congressional defense committees 
no later than March 31, 2005, an assessment of options to 
introduce a U.S. owned, heavy, outsized airlift capability into 
the CRAF based on potential commercial uses of commercialized 
versions of U.S. heavy outsized cargo aircraft without the need 
for government investment or substantial involvement.


             Joint Air-to-Surface Standoff Missile (JASSM)

      The conferees question the assessment of the Air Force 
with regard to the presumed sound and proven design of JASSM. 
Operational Test and Evaluation results ending in April found 
mission reliability to be 53 percent, a figure the Air Force 
has identified as meeting its benchmark for effectiveness. 
JASSM mission reliability of 53 percent is poor in comparison 
to similar weapons; Javelin reliability was 100 percent, JDAM 
was 85 percent, JSOW-A was 95 percent, and Hellfire was 95 
percent at the end of operational testing.
      The conferees note that this troublesome mission success 
rate only continues to be validated by recent testing. As 
recently as June 29, 2004, a JASSM launched from an F-16 failed 
to transition power from batteries to engine causing the 
missile to crash well short of the target. In a June 8, 2004 
test from a B-2, problems with the mission planning system 
resulted in a mission failure. The two successful launches from 
B-1 aircraft required mission planning time even slower than 
that noted in the Operational Test and Evaluation report.
      The conferees restate the concerns identified in the 
House report and expect that improvements will be made to 
increase the reliability of the baseline missile program. 
Failure to do so will cause the conferees to reconsider their 
support for this program and the extended range version.


           C-130 Directional Infrared Countermeasures (DIRCM)

      The conferees agree to provide $14,400,000 for the 
Special Operations Command C-130 DIRCM program. The conferees 
are aware of the mean time between failure issues associated 
with this equipment and are sensitive to the Command's 
operational requirements and as such direct that the funds 
provided may be only used for costs associated with 
refurbishment.

              Special Operations Command Publication Costs

      The conferees are concerned about the costs charged to 
Special Operations Command (SOCOM) for publications. The 
conferees find the publication costs associated with the MH-60 
Service Life Extension Program (SLEP) particularly excessive 
and recommend a reduction of $5,000,000 to the budget request. 
The conferees direct the Command to initiate a review of the 
publication costs associated with its major acquisition 
programs and provide a report to the congressional defense 
committees by February 1, 2005 on actions taken to address this 
problem.


                       Items of Special Interest

      The conferees agree that the National Guard and Reserve 
equipment program shall be executed by the heads of the Guard 
and Reserve components with priority consideration for 
miscellaneous equipment appropriations given to the following 
items: COTS Surveillance System, MTVR, Virtual Emergency 
Response Training System, HMMWV Convoy/Trainer, Tactical Fire 
Fighting Equipment, High Mobility Multipurpose Wheeled Vehicle 
(HMMWV), Army M249 5.56 Squad Automatic Weapon, National 
Guard--Paul Revere Command Information System, Life Support for 
Trauma and Transport (LSTAT), M-COFT XXI Program, AB-FIST Non-
Systems Training Devices, Army Live Fire Ranges, Combat Arms 
Training System--Army National Guard, Calibration Sets 
Equipment Modernization, Mobile Operational Simulators (MOS), 
Modern Burner Unit, LITENING Targeting Pods, LAIRCM, SINCGARS, 
AN/PVS-14, UH-60L/M, HEMTT, Small Arms, Javelin, AN/PAS-13, 
Movement Tracking System, EPLRS, Shortstop, TUAV, Prophet, C-
130G2 APN-241 Radar, F-15 JHMCS, JSTARS AMSTE, F-16 APG-68(V)9, 
F-16 Color Displays, A-10 TDL, HH-60 TDL, Para rescue TDL, C/ 
EC-130 TDL, HH-60G 200 Gallon Internal Fuel Tank, HH-60G PNVG, 
F-15E Engine Kits, FMTV, Eagle Vision, Abrams MlA1 Fleet 
Embedded Diagnostics, Combo PAK, DFIRST, F-16 Block 30 MTC, 
HCLOS), CSAR AR Blackhawk Equipment, Engagement Skills Trainer, 
M762A1/M767A1 Fuse Artillery Electronic Timer, XM879E1 81mm 
Mortar Full Training Cartridge, XM932 120mm Mortar Short Range 
Practice Cartridge, XM931 120mm Mortar Full Range Training 
Round, M933 120mm Mortar (HE), M-22 ACADA, PVS-14 Night Vision 
Goggles, Joint Threat Emitter, HH-60L Helicopter, Laser 
Marksmanship Training System, PRC-150D Radio, Tabletop Gunnery 
Trainer, Tabletop Full-fidelity Trainer, DFIRST, C-27J Medium 
Tactical Cargo Aircraft, Digital Deployable Training Campus, 
SINCGARS Radio SAASM Upgrade, ARNG Tactical Bridge Companies, 
UH-60 SAR Thermal Imaging Upgrades, and Sniper Advanced 
Targeting Pod.


                  Congressional Special Interest Items

      Items for which additional funds have been provided as 
shown in the project level tables or in paragraphs using the 
phrase ``only for'' or ``only to'' in this report are 
congressional interest items for the purpose of the Base for 
Reprogramming (DD 1414). Each of these items must be carried on 
the DD Form 1414 at the stated amount, or a revised amount if 
changed during conference or if otherwise specifically 
addressed in the conference report. These items remain special 
interest items whether or not they are repeated in a subsequent 
conference report.

                        F-35 Program Management

      In lieu of the direction provided by the House or the 
Senate, the conferees direct the Secretary of Defense to review 
current management oversight of the Joint Strike Fighter, and 
to report findings and recommendations to the congressional 
defense committees not later than December 15, 2004.

         Air Force and DARPA FALCON/Common Aero Vehicle Program

      The conferees agree to provide $29,110,000 for the Air 
Force and DARPA FALCON/Common Aero Vehicle (CAV) programs. The 
conferees are concerned that safeguards are not in place to 
guarantee that nations possessing nuclear weapons capabilities 
would not misinterpret the intent or use of the FALCON/CAV 
programs. Therefore, the funds provided herein are for the 
development of hypersonic technologies for non-weapons related 
research, such as micro-satellite or other satellite launch 
requirements and other purposes as listed under the conferees 
recommendations. The conferees direct that none of the funds 
provided in this Act may be used to develop, integrate, or test 
a CAV variant that includes any nuclear or conventional weapon. 
The conferees further direct that none of the funds provided in 
this Act may be used to develop, integrate, or test a CAV for 
launch on any Intercontinental Ballistic Missile or Submarine 
Launched Ballistic Missile. The Committees on Appropriations 
will consider expanding the scope of this program in subsequent 
years if safeguards negotiated among our international partners 
have been put in place.


                          Future Combat System

      The conferees direct that the Army adhere to the 
following funding structure in execution of appropriations 
provided for fiscal year 2005, and in preparation of the fiscal 
year 2006 budget request.

0604645A: Armored Systems Modernization.................  $2,374,010,000
    --System of Systems (SoS) Engineering and Program 
      Management, Family of Systems Analysis and 
      Integration, Network Software, Systems Integration 
      Platforms-Management, SoS Test and Evaluation, 
      Government Cost, Other Contract Cost..............   1,570,610,000
    --Sustainment.......................................      53,600,000
    --UAV Reconnaissance & Sensors......................     154,200,000
    --Unmanned Ground Vehicles..........................     137,100,000
    --Manned Ground Vehicles............................     429,000,000
    --Unattended Ground Sensors.........................      29,500,000
New P.E.: Non-Line of Sight Launch System...............      58,200,000
0604647A: Non Line of Sight Cannon (NLOS-C).............     497,643,000
                    --------------------------------------------------------
                    ____________________________________________________
    Total...............................................   2,929,853,000
      The projects identified within program element 0604645A, 
Armored Systems Modernization, are congressional special 
interest items for the purpose of prior approval reprogrammings 
as discussed elsewhere in this report. Funds provided in a new 
program element for the Non Line of Sight Launch System (NLOS-
LS) are subject to normal prior approval reprogramming 
procedures as described elsewhere in this report.
      The conferees direct that the Secretary of the Army 
provide a report to the congressional defense committees not 
later than November 1, 2004, that outlines the program 
definition including missile configurations for NLOS-LS.

                        Non Line of Sight Cannon

      The conferees agree with the guidance provided in the 
House report accompanying the fiscal year 2005 DoD 
Appropriations bill concerning the Non Line of Sight Cannon and 
Resupply Vehicle (NLOS-C). Accordingly, the conference 
agreement includes a general provision (Sec. 8109) that directs 
the Army to program and budget for NLOS-C for fielding in 2010. 
The conferees direct that fielding shall be conducted as 
defined by Army Regulation 700-142.
      As noted elsewhere in the report, the budget request 
includes $497,643,000 for NLOS-C. The conferees recognize that 
$93,686,000 of this amount was requested explicitly for the 
purpose of developing mission equipment unique to NLOS-C. 
Accordingly, the conferees direct that this amount is a 
congressional special interest item for the purpose of prior 
approval reprogrammings.

                 Land Warrior and Future Force Warrior

      The conferees direct the Secretary of the Army to submit 
to the congressional defense committees a plan, not later than 
January 31, 2005, to consolidate the Land Warrior and Future 
Force Warrior programs into a single program, benefiting from 
the efficiencies of each. The conferees also recommend a 
reduction to the Future Force Warrior program of $5,000,000 and 
a reduction to the Land Warrior program of $15,000,000, as a 
result of anticipated efficiencies gained through consolidation 
of these two programs. The consolidated program should take on 
the focus of the Army's Future Combat System (FCS) and provide 
the Army with a FCS dismounted capability for the individual 
soldier. Further, the conferees understand that it is possible 
to field a dismounted capability immediately to the Stryker 
Brigades currently deployed in combat. Therefore, the conferees 
recommend that the combined program re-focus its procurement 
strategy to incorporate these emerging capabilities, such as 
the Commanders Digital Assistant (CDA) and hand-held EPLRS 
capabilities, into the Stryker brigades immediately.

                          Aerial Common Sensor

      The Aerial Common Sensor (ACS) program, when fielded, 
will be the Army's premier multi-intelligence, precision 
targeting airborne intelligence, surveillance and 
reconnaissance (ISR) capability. This state of the art platform 
will replace the Army's Guardrail Common Sensor and Airborne 
Reconnaissance Low systems. The conferees note that the fiscal 
year 2005 budget request included $149,000,000 to initiate this 
critical intelligence modernization program based on an 
anticipated award date of January, 2004. Unfortunately, the 
Army has yet to make any contract award. The revised estimate 
of the award date is at least 8 months beyond the date briefed 
to Congress. For this reason, the Senate bill reduced the 
program by $50,000,000. The conferees remain concerned with the 
pace of this program and in particular, note that it is a 
critical program whose delay only sets back the Army's ISR 
mission. The conference agreement provides $129,000,000 for the 
Aerial Common Sensor program, a reduction of $20,000,000.

        Patriot PAC-3/Medium Extended Air Defense System (MEADS)

      The conferees support the view expressed in the report 
accompanying the House version of the fiscal year 2005 
Department of Defense Appropriations bill that DoD should 
continue its plans to merge the PAC-3 and MEADS programs under 
Army cognizance. The conferees are also concerned about the 
delays in implementing this management structure, and their 
potential effect. Accordingly, the conferees direct the 
Secretary of the Army to develop a plan to merge these programs 
as directed by the April 2003 Acquisition Decision Memorandum, 
and provide a report to the congressional defense committees on 
this plan not later than February 15, 2005.

          Guided Multiple Launch Rocket System (GMLRS)-Unitary

      The conferees provide an additional $12,750,000 above the 
budget request of $97,422,000 for the Multiple Launch Rocket 
System (MLRS) Product Improvement program, for a total of 
$112,422,000 to accelerate development and fielding of the 
GMLRS-Unitary munition to US forces in high-risk locations by 
fiscal year 2006. The conferees direct that this total amount 
is a congressional special interest item for the purpose of 
prior approval reprogrammings.

                         Land Mine Alternatives

      The conferees direct the Secretary of the Army to submit 
a report on land mine alternatives as directed by the Senate to 
the congressional defense committees by no later than January 
3, 2005.

                  Broadband Language Training Programs

      The conferees support the development of Broadband 
Language Training programs and, accordingly, provide $3,000,000 
to advance Broadband Language Training Systems at the Defense 
Language Institute (DLI) within the newly established DLI 
program element as described elsewhere in this report. The 
conferees understand that issues have arisen delaying the 
execution of the fiscal year 2004 funding for this program. 
Accordingly, the conferees recommend a rescission of $4,000,000 
from Research, Development, Test and Evaluation, Army funds 
made available in fiscal year 2004.


                  Joint Strike Fighter STOVL Lift Fan

      The conferees direct that in addition to funds currently 
budgeted for STOVL Lift Fan technologies, no less than 
$8,000,000 of the funds provided for the Joint Strike Fighter 
program shall be for STOVL Lift Fan thrust increase studies.

                Amphibious Assault Ship--LHA Replacement

      The conferees agree to provide $44,180,000 for the 
Amphibious Assault Ship--LHA Replacement, LHA(R), program as 
requested and as proposed by the Senate instead of no 
appropriation as proposed by the House.
      The conferees agree that the Secretary of the Navy shall 
submit to the Committees on Appropriations of the House and 
Senate, a report within 90 days of enactment of this Act that 
addresses a thorough review of the LHA(R) requirement, the 
impact of the proposed ship on executing the Marine Corps 
amphibious assault mission, the overall cost and acquisition 
objective of LHA(R), and the acquisition strategy.

                    Next Generation Destroyer--DD(X)

      The conferees agree to provide $1,176,469,000 for the 
DD(X) program instead of $1,182,785,000 as proposed by the 
House and $1,210,469,000 as proposed by the Senate.
      The conferees agree that prior to the completion of the 
Critical Design Review (CDR), the Navy should complete land-
based testing of the Advanced Gun System (AGS) and the 
Integrated Power System (IPS). The conferees believe it is not 
advisable to complete CDR prior to ensuring that at least two 
of the 12 key technologies have completed testing due to 
historical trends of ship cost growth based on re-design to 
accommodate changes in technological requirements.
      The conferees direct the Navy to submit a report to the 
congressional defense committees that addresses the Navy's plan 
to transition DD(X) key technologies through development, 
testing, acquisition, and installation. This report should also 
address ``back up'' technologies that could be inserted into 
the DD(X) program should the maturity of the planned technology 
not materialize within a timeline necessary to meet the stated 
DD(X) schedule.

                          Littoral Combat Ship

      The conferees agree to provide $457,089,000 for the 
Littoral Combat Ship (LCS) program instead of $409,089,000 as 
proposed by the House and $352,089,000 as requested and 
proposed by the Senate.
      The conferees agree with the Senate that all follow-on 
ships, beyond one of each prototype design, should be fully 
funded in the Shipbuilding and Conversion, Navy appropriation. 
The conferees also agree that substantial testing of the LCS 
and associated mission modules is required to evaluate each 
ship design and validate operational requirements. Therefore, 
the conferees direct that no funds shall be obligated to 
prepare a fiscal year 2006 budget request for construction of a 
third vessel, as reflected in the conference agreement 
including Section 8092 as originally proposed by the Senate. 
This directive is intended to provide for a ``gap'' year 
between construction of the prototype ships and the follow-on 
construction of a second ship of each design, thereby ensuring 
that design problems discovered during the prototype phase of 
each ship design are identified and corrected before 
construction of follow-on ships. The conferees also agree with 
the Senate that beginning in the fiscal year 2006 budget 
request, the Navy should identify LCS mission module funding 
separately within the Research, Development, Test and 
Evaluation, Navy and Other Procurement, Navy appropriations.

                    Corrosion Resistant Marine Paint

      The Navy spends approximately 25 percent of its fleet 
maintenance budget on corrosion protection. The conferees are 
aware of and support research performed by the Center for 
Photochemical Sciences that develops corrosion resistant marine 
paint using photo-cure technology. These new photo-cure 
technologies can increase corrosion protection while reducing 
environmentally harmful emissions. The conferees believe this 
technology provides unique advantages over current materials 
and directs the Office of Naval Research to continue current 
year funding for this important research project.


                           Space Based Radar

      The conferees agree with the House position.

                       Airborne Electronic Attack

      The conference report provides $113,693,000 for 
Electronic Warfare Development. Noting the prevalence of 
significant industry efforts and capability in the field, the 
House report denied funding for transmitter and receiver 
technology development for a new stand-off jamming pod 
capability for the B-52. The conferees believe that the Air 
Force objective can be achieved quicker and at far less cost 
than the budget proposed through greater coordination with 
industries of expertise in this area. The Air Force has 
acknowledged this opportunity and expressed an interest to 
pursue such an objective. Accordingly, the conference report 
removes the restrictions on technology development for this 
purpose with the expectation that the Air Force will take 
advantage of the current state of technology and short-term 
developments potentially available to meet this requirement. 
The conferees further expect that the Air Force will take into 
account the cost savings associated with this opportunity in 
the fiscal year 2006 budget submission for this program.

   Instrumentation, Loading, Integration, Analysis and Documentation

      The conferees recognize the critical role of digital 
technology in flight testing and commends the leadership of 
Edwards AFB, Eglin AFB, Barksdale AFB, White Sands Missile 
Range, and Fort Rucker for recent investments in modern 
instrumentation, data capture, data analysis and data archiving 
technology. The conferees support the continued deployment of 
ILIAD, an electronic test data management system, to provide 
cost-effective and efficient collection, protection, 
validation, and sharing of critical test and evaluation data. 
The use of this technology to manage test and evaluation data 
throughout its lifecycle eliminates costly and redundant 
testing. Further, based upon its success supporting numerous 
weapons platforms in multiple geographic locations, the 
conferees urge the Department of the Air Force to consider 
leveraging the Air Force's ILIAD solution for the Joint Strike 
Fighter and other weapons programs.

                     C-17 Flight Test Data Archive

      The conferees support the migration of C-17 flight test 
data from magnetic tapes to fixed-content disk drive technology 
that has no end of life concerns; places test data in an ``on-
line'' format with clear indexing; and allows timely retrieval 
regardless of data volume. Given the importance of flight test 
data, the ability to retrieve specific data at a future date, 
as well as the cost-effectiveness of fixed-content technology, 
the conferees encourage all System Program Offices to consider 
the benefits of archiving test data in this manner.

                 Air Force ``Minority Leaders'' Program

      The conferees expect that funds available for the Air 
Force ``MINORITY LEADERS'' program shall be available for 
research in the areas of both materials and aerospace sensors.


              Joint Unmanned Combat Aerial System (JUCAS)

      The conferees agree to provide a total of $586,490,000 
for the Joint Unmanned Combat Aerial System (JUCAS) program 
instead of $710,401,000 as proposed by the House and 
$510,401,000 as proposed by the Senate.
      The conferees agree with the Senate position that the 
JUCAS program has not been properly coordinated with the 
Services and that the focus of the program should be on meeting 
the requirements of the Air Force and Navy. To this end, the 
conferees direct that $363,617,000 of the funds provided for 
the JUCAS shall be used to complete and demonstrate the 
unmanned combat aerial vehicle technology demonstrators in 
support of Air Force and Navy requirements for such systems.
      The conferees agree to provide $222,873,000 for JUCAS 
Advanced Component and Prototype Development, as proposed by 
the Senate instead of $260,784,000 as proposed by the House.

                     Focus Center Research Program

      The conferees intend that the $10,000,000 allocated for 
DARPA Defense Research Sciences, Electronic Sciences, 
Semiconductor Technology Focus Center, as requested by the 
Administration, be used for basic university research to 
supplement the $7,000,000 appropriated for the Focus Center 
Research Program through the Defense Research and Engineering 
account. This would provide a total of $17,000,000 for basic 
university research by continuing the successful industry, 
university, and federal agency Focus Center Research 
partnership. The Focus Center program is designed to develop 
the next generation of semiconductor microelectronics 
technologies, increase the United States' global advantage in 
semiconductor technology, and train the next generation of 
electronics engineers.

                        Missile Defense Programs

      The conference agreement provides $9,050,031,000 for the 
Missile Defense programs included in Research, Development, 
Test and Evaluation, Defense-Wide. Of this amount, 
$4,620,825,000 is for the Ballistic Missile Defense (BMD) 
Midcourse Segment program. The conferees direct that the entire 
amount provided for the BMD Midcourse Segment is a 
congressional special interest item for the purpose of prior 
approval reprogramming, as described elsewhere in this report. 
The conferees also direct that adjustments made to the various 
Missile Defense Agency (MDA) program elements, as reflected on 
the project level tables, are congressional special interest 
items.
      The conferees direct that transfers of funds between the 
MDA program elements are subject to the same reprogramming 
guidance applicable to all other research, development, test 
and evaluation funded activities. Specifically, the conferees 
direct that the Missile Defense Agency observe the cumulative 
$10,000,000 threshold for the reprogramming of research, 
development, test and evaluation funds. If the combined value 
of transfers into or out of a research and development (R-1) 
line exceeds this threshold, the Department of Defense must 
submit a prior approval reprogramming request to the 
congressional defense committees. The Department shall also 
observe the limitation that prior approval reprogrammings are 
set at either the specific dollar threshold or 20 percent of 
the procurement or research and development line, whichever is 
less. The conferees further direct that any taxes, withholds or 
undistributed reductions to the MDA programs be made in 
accordance with applicable guidance described elsewhere in this 
report.

                            BMDS Operations

      The conferees strongly support the Ground-Based Midcourse 
(GMD) program. The conferees further understand that this 
program has experienced significant funding challenges 
associated with the decision to begin fielding missile defense 
for the United States in late 2004. Accordingly, the conferees 
have provided an additional $200,000,000, specifically to 
address these requirements. Furthermore, the conferees direct 
the Missile Defense Agency to fully fund this critical program 
in the fiscal year 2006 budget submission to include manning, 
operation and maintenance, contractor logistical support, and 
physical security and force protection costs. The conferees 
expect the fiscal year 2006 budget request to provide this 
level of detail regarding BMDS operations and costs. In 
addition, the conferees direct that the Secretary of Defense 
submit to the congressional defense committees not later than 
February 7, 2005, a report that outlines the DoD plan to 
provide adequate resources necessary for the operation and 
maintenance (including logistical support and physical 
security) and manning of the Ballistic Missile Defense System.

                  Integrated Flight Test-13C (IFT-13C)

      The conferees are aware that the Missile Defense Agency 
(MDA) is finalizing preparations for Integrated Flight Test-13C 
scheduled for August 2004. The conferees share the view 
expressed in the report accompanying the House version of the 
fiscal year 2005 DoD Appropriations bill that this test 
represents an important milestone. The conferees are also aware 
that logistical details may potentially change the date of this 
test. Accordingly, the conferees direct the Director of the 
Missile Defense Agency to provide a report to the congressional 
defense committees within 30 days of the conclusion of IFT-13C, 
in both classified and unclassified form, including a detailed 
assessment of the results of IFT-13C.

                                Scorpius

      The conference agreement includes an additional 
$3,000,000 to continue work on the Scorpius family of rockets. 
In past years, the Congress has provided additional funding 
above the budget request and is concerned by DoD's lack of 
effort to follow through on this program. Accordingly, the 
conferees direct the Secretary of the Air Force and the 
Director of the Missile Defense Agency to jointly provide a 
report to the congressional defense committees on the 
Department's proposed course of action for this program within 
30 days of enactment of this Act. The conferees further direct 
that the report identify the resources required to complete the 
program, and whether such resources are included in the Future 
Year's Defense Program.


                TITLE V--REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

      The conferees recommend an appropriation of 
$1,174,210,000 for the Defense Working Capital Funds as 
proposed by the House instead of $1,685,886,000 as proposed by 
the Senate.

                     National Defense Sealift Fund

      The conferees agree to provide a total of $1,204,626,000 
for the National Defense Sealift Fund instead of $1,186,990,000 
as proposed by the House and $441,936,000 as proposed by the 
Senate.
      Within the funds provided, the conferees agree that 
$768,400,000 is for construction of two T-AKE vessels as 
proposed in the fiscal year 2005 budget request and $28,000,000 
is for the Maritime Pre-positioning Fleet (Future), MPF(F).
      The conferees agree that none of the funds provided for 
the MPF(F) may be obligated or expended until the Secretary of 
the Navy submits to the congressional defense committees, a 
detailed report on the MPF(F) mission, operational 
requirements, analysis of alternatives, expenditure plans, and 
overall program congruence with ongoing forcible entry studies.


            Defense Health Program Reprogramming Procedures

      The conferees remain concerned regarding the transfer of 
funds from Direct (or In-house) Care to pay for contractor-
provided medical care. To limit such transfers and continue 
oversight within the Defense Health Program operation and 
maintenance account, the conferees have included bill language 
which limits the funds available for Private Sector Care under 
the TRICARE program subject to prior approval reprogramming 
procedures. In addition, the conferees also designate the 
funding for the Direct Care System as a special interest item, 
as defined elsewhere in this report. Any transfer of funds from 
the Direct (or In-house) Care budget activity into the Private 
Sector Care budget activity or any other budget activity will 
require the Department of Defense to follow prior approval 
reprogramming procedures. The bill language and accompanying 
report language included by the conferees should not be 
interpreted by the Department as limiting the amount of funds 
that may be transferred to the direct care system from other 
budget activities within the Defense Health Program.
      In addition, the conferees direct the Department of 
Defense to provide budget execution data for all of the Defense 
Health Program accounts. Such budget execution data shall be 
provided quarterly to the congressional defense committees 
through the DD-COMP(M) 1002 accounting form.

                 Peer Reviewed Medical Research Program

      The Senate recommended $50,000,000 for a Peer Reviewed 
Medical Research program. The conferees agree to provide 
$50,000,000 for this program, and recommend the following 
projects as candidates for study: acellular human tissue matrix 
research; amyotrophic lateral sclerosis; alcoholism research; 
anti-radiation drug development; autism; blood-related cancer 
research; Interstitial Cystitis; childhood asthma; chronic pain 
research; conjugate vaccines to prevent shigellosis; diabetes 
research; Duchenne's disease research; epilepsy research; Lupus 
and Lupus-Biomarker Research; orthopaedic extremity trauma 
research; osteoporosis and bone-related diseases; Padget's 
disease; post traumatic stress disorders; social work research; 
Volume Angio CAT (VAC) research; and autoimmune diseases such 
as scleroderma and Sjogren's syndrome.
      The conferees direct the Department to provide a report 
by March 1, 2005, on the status of this Peer Reviewed Medical 
Research Program.

     Walter Reed Army Medical Center--Amputee Patient Care Program

      Ongoing combat operations have produced a surge from 3 to 
6 percent in complex combat injuries involving amputations of 
major limbs. The Military Amputee Patient Care Program 
headquartered at Walter Reed Army Medical Center provides a 
center of expertise for state-of-the-art treatment, the 
rehabilitation of military amputee patients to the highest 
level of physical function, and a return to active duty if 
possible. The conferees commend the Army and those associated 
with this vital effort.
      The conferees recommend an additional $19,200,000 over 
the budget request for this program. This includes $7,800,000 
for operating costs associated with the center, including but 
not limited to personnel, equipment, patient travel, and 
prosthetic device costs; and $10,000,000 for prosthetic limb 
development and increased clinical and applied collaborative 
research in prosthetic care. Finally, the conferees provide an 
additional $1,400,000 for procurement of support equipment to 
enhance the new facility at Walter Reed Army Medical Center.

                           Army Fisher Houses

      The conferees include a General Provision as proposed by 
the House, which provides $2,000,000 for 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.
      The conferees also provide $9,500,000 in the Defense 
Health Program for the Army's nonappropriated fund 
instrumentalities (NAFI), as opposed to $11,000,000 proposed by 
the House. The conferees are aware that the NAFI, which was 
established by law to help defray the operating costs of Fisher 
Houses, have decreased in value due to poor financial market 
performance. The conferees are also aware that the costs to 
manage many Fisher Houses are much higher than planned due to 
an influx of patients at military treatment facilities as a 
result of casualties suffered during Operations Iraqi and 
Enduring Freedom. The funds provided to the NAFI will help to 
mitigate any deficit which may occur in fiscal year 2005 and 
prevent this deficit in future years. The conferees direct the 
Secretary of Defense to analyze the financial condition of the 
Fisher House operating accounts and submit a report to the 
congressional defense committees by March 1, 2005.

                         Mental Health Services

      The conferees believe that hardships resulting from U.S. 
troop deployments to Iraq and Afghanistan make it imperative 
for the Department of Defense to offer adequate mental health 
services for active duty and reserve members deployed to combat 
theaters. The conferees also are concerned that sufficient 
mental health services be made readily available to dependents 
of active duty and reserve members. As such, the conferees 
direct the Secretary of Defense to conduct a comprehensive 
review of mental health services available to our military 
members deployed in combat theaters, as well as a review of 
services that may be available to their dependents during and 
after a military member's deployment. The report should be 
submitted to the congressional defense committees no later than 
180 days after enactment of this bill. The review should 
include, but not be limited to, the following subjects:
            --Data on the average number of service days lost 
        due to mental health reasons;
            --The types of measures taken by the military 
        services to reduce the stigma often associated with 
        mental health counseling;
            --An analysis of mental health services available--
        and barriers to access--to active duty and reserve 
        members and their dependents (including dependents of 
        activated members of the National Guard and Reserve 
        Components);
            --An analysis of the extent to which the U.S. Army 
        has implemented the recommendations of the Army's 
        Mental Health Advisory Team; and
            --A plan for actions that the Secretary of Defense 
        determines appropriate for improving the delivery of 
        mental health services to members of the Armed Forces 
        and their dependents.
      The conferees further direct the Secretary of Defense to 
submit a report to the congressional defense committees not 
later than 360 days after enactment of this bill describing the 
actions taken to implement the aforementioned plan and the 
reason why actions in the plan have not been completed, if any.

                        Third Party Collections

      The House and Senate both expressed concern with the lack 
of third-party collections as outlined in General Accounting 
Office (GAO) report 04-322R. According to the GAO report, DoD's 
Third-Party Collections Program generates on average about $122 
million annually. However, total collections for fiscal year 
2003 were down $30 million from the previous year, and the GAO 
has further documented that DoD fails to collect $44 million a 
year from third party insurers. It is clear that DoD's failure 
to effectively bill and collect from third-party insurers 
pursuant to law precludes the military treatment facilities 
from maximizing the resources available to them. The conferees 
also have concerns that DoD reduced its Information Technology 
budget for third-party outpatient collection systems from 
fiscal year 2004 to fiscal year 2005.
      The conferees direct the Department to report to the 
congressional defense committees by April 1, 2005, regarding 
the status of the transition to outpatient itemized billing and 
how third-party collections have progressed since the 
implementation of this system began in fiscal year 2003. 
Finally, the conferees direct the Assistant Secretary of 
Defense (Health Affairs) to make the necessary business process 
improvements to ensure that Military Treatment Facilities are 
collecting all appropriate third party payments, and to submit 
quarterly reports to the congressional defense committees on 
the status of collections during the current fiscal year.


                    Office of the Inspector General

      The conferees have agreed to provide a total amount of 
$204,562,000 for the Office of the Inspector General. Of this 
amount $202,362,000 shall be for operation and maintenance, 
$2,100,000 shall be for procurement, and $100,000 shall be for 
research, development, test and evaluation. The conferees have 
provided funds to ensure that aggressive implementation of all 
efforts to achieve the Department of Defense's high priority 
goal of gaining clean and auditable financial statements is 
supported including necessary growth in audit capability.

                         Energy Contract Review

      The conferees are aware that the Department of Defense 
issued a $36,000,000 contract to Reliant Energy Solutions East 
to provide electricity to military installations on May 19, 
2004. The Federal Acquisition Regulation authorizes the 
suspension of a contractor on the basis of adequate evidence of 
any offense ``indicating a lack of business integrity or 
business honesty that seriously and directly affects the 
present responsibility of the contractor.'' The conferees 
direct the Department of Defense Inspector General to review 
the contract and to take any necessary action against Reliant 
Energy, Inc. and its subsidiaries, if appropriate. The 
Department is directed to report to the Committees on 
Appropriations within 180 days of enactment of this Act on the 
findings of its review and any subsequent actions taken on this 
contract.

                      TITLE VII--RELATED AGENCIES

   Central Intelligence Agency Retirement and Disability System Fund

      The conference agreement appropriates $239,400,000 for 
payment to the Central Intelligence Agency Retirement and 
Disability System Fund, as proposed by both the House and the 
Senate.

               Intelligence Community Management Account

                     (INCLUDING TRANSFER OF FUNDS)

      The conference agreement appropriates $310,466,000 
instead of $309,644,000 as proposed by the House and 
$319,355,000 as proposed by the Senate.
      The conference agreement provides for a transfer of 
$39,422,000 to the Department of Justice for the National Drug 
Intelligence Center to support the Department of Defense's 
counter-drug intelligence responsibilities, instead of 
$46,100,000 as proposed by the House and $34,911,000 as 
proposed by the Senate.

                 National Security Education Trust Fund

      The conference agreement appropriates $8,000,000 for the 
purposes of title VIII of Public Law 102-183, to be derived 
from the National Security Education Trust Fund, as proposed by 
both the House and the Senate.

                     TITLE VIII--GENERAL PROVISIONS

      The conference agreement incorporated general provisions 
of the House and Senate versions of the bill which were not 
amended. Those general provisions that were amended in 
conference follow:
      The conferees included a general provision (Section 8005) 
which amends language, as proposed by the House and the Senate, 
that increases the level of general transfer authority for the 
Department of Defense, and provides that transfers between 
military personnel appropriations shall not be taken into 
account for purposes of the limitation of funds which may be 
transferred under this section.
      The conferees included a general provision (Section 8014) 
which amends language, as proposed by the House, setting 
limitations on conversion of Defense Department activities to 
contractor performance.
      The conferees included a general provision (Section 8025) 
which amends language, as proposed by the Senate, earmarking up 
to $2,500,000 of ``Operation and Maintenance, Air Force'', for 
the acquisition of Native Allotment F-14589.
      The conferees included a general provision (Section 8028) 
which amends language, proposed by the House and Senate, with 
respect to Federally Funded Research and Development Centers.
      The conferees included a general provision (Section 8049) 
which amends language, as proposed by the House and Senate, 
recommending rescissions. The rescissions agreed to are:

                             (RESCISSIONS)

2002 Appropriations: Shipbuilding and Conversion, Navy: 
    Cruiser Conversion..................................     $14,000,000
2003 Appropriations:
    Former Soviet Union Threat Reduction: Unobligated 
      balances..........................................      50,000,000
    Aircraft Procurement, Navy: Unobligated balances....      50,000,000
    Aircraft Procurement, Air Force: Unobligated 
      balances..........................................      50,000,000
2004 Appropriations:
    Other Procurement, Army: Soldier Enhancement........      16,000,000
    Aircraft Procurement, Navy: EA-6 Series (Outer Wing 
      Panels)...........................................      32,800,000
    Shipbuilding and Conversion, Navy: SSN ERO (SSN 716)      10,300,000
    Weapons Procurement, Navy:
        Cruiser Modernization...........................       6,100,000
        ASW Targets (MK-30 MOD2)........................      19,100,000
    Other Procurement, Navy:
        Minesweeping Replacement........................       5,200,000
        Cruiser Conversion..............................      36,500,000
    Procurement, Marine Corps:
        AAV7A IPIP......................................      28,000,000
        Amphibious Raid Equipment.......................      12,200,000
    Other Procurement, Air Force: Classified Programs...     100,000,000
    Procurement, Defense-Wide:
        ASDS............................................      23,571,000
        CV-22 SOF Modification..........................      11,000,000
    Research, Development, Test and Evaluation, Army:
        MEADS...........................................      25,000,000
        Biomedical Engineering Technology and Advanced 
          Material......................................       1,000,000
        Broadband Intelligence Training System..........       4,000,000
    Research, Development, Test and Evaluation, Navy:
        Unmanned Combat Aerial Vehicle..................      15,000,000
        Joint Direct Attack Munitions (JDAM) Hornet 
          Autonomous Real-Time Targeting (HART).........      31,500,000
        Mobile User Objective System (MUOS).............     102,000,000
    Research, Development, Test and Evaluation, Air 
      Force:
        Unmanned Combat Aerial Vehicle..................      15,000,000
        Classified Programs.............................       9,000,000
        ADV Polar.......................................      13,000,000
        Global Hawk.....................................       6,000,000
        Common Configurable Remote Interface Unit 
          Initiative....................................       3,500,000
        C-5 Airlift Squadrons...........................      11,166,000
    Research, Development, Test and Evaluation, Defense-
      Wide:
        Center for Information Assurance................       2,100,000
        Airborne Laser..................................      40,000,000
        RAMOS...........................................      26,500,000
        Computing and Communications Technology--
          Language Translation..........................       6,800,000
        Operational Systems Development--Management 
          Headquarters..................................       3,300,000

      The conferees included a general provision (Section 8067) 
which amends language, as proposed by the Senate, to conform to 
current authorization law regarding fees that the Department of 
State charges to the Department of Defense for the maintenance, 
upgrade, or construction of U.S. diplomatic facilities. The 
conferees also provide an exemption to the Central Intelligence 
Agency with regard to the calculation of these fees.
      The conferees included a general provision (Section 8082) 
which amends language, as proposed by the House, to provide for 
crediting refunds from government purchase cards, travel cards, 
and travel arrangements to current accounts in operation and 
maintenance, and research, development, test and evaluation. 
The conferees did not make the provision permanent.
      The conferees included a general provision (Section 8090) 
which amends language, as proposed by the House and Senate, to 
change the dollar amount available for transfer.
      The conferees included a general provision (Section 8092) 
which amends language, as proposed by the Senate, on the 
Littoral Combat Ship by adjusting the citation for the total 
amount appropriated.
      The conferees included a general provision (Section 8096) 
which amends language, as proposed by the House and Senate 
concerning the Arrow missile defense program. The conference 
agreement provides a total of $155,290,000 for the Arrow 
program of which $68,000,000 is earmarked for missile component 
coproduction.
      The conferees included a general provision (Section 8097) 
which amends language, as proposed by the House, on providing a 
grant to the California Central Coast Research Partnership.
      The conferees included a general provision (Section 8098) 
which amends language, as proposed by the Senate, that 
transfers funds to the Coast Guard for mission essential 
equipment, and includes language which transfers funds to the 
Department of the Interior.
      The conferees included a general provision (Section 8099) 
which amends language, as proposed by the House and Senate to 
provide for transfer of funds for the cost of prior year 
shipbuilding programs and to repeal Sec. 126 of Public Law 108-
136.
      The conferees included a general provision (Section 8105) 
which amends language, as proposed by the House, which reduces 
$197,500,000 from other procurement and research, development, 
test and evaluation accounts for cost growth in information 
technology development and modernization.
      The conferees included a general provision (Section 8106) 
which amends language, as proposed by the House and Senate, to 
ensure that written notification is provided prior to 
initiation of new start programs.
      The conferees included a general provision (Section 8109) 
which amends language, as proposed by the House and Senate, 
concerning the Non Line of Sight Cannon and Resupply Vehicle 
(NLOS-C), and Stryker Brigade Combat Teams. Language revises 
the fielding date for additional Stryker Brigade Combat Teams.
      The conferees included a general provision (Section 8113) 
which amends language, as proposed by the House and Senate, 
which provides for grants to various organizations to include 
$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 for 
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 (Jordan Valley Innovation Park, Springfield, 
Missouri); $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, Tennessee; and 
$1,000,000 to the National Museum of Cavalry and Armor at Fort 
Knox.
      The conferees included a general provision (Section 8118) 
which amends language, as proposed by the Senate, by making 
permanent language pertaining to section 2533a(f) of title 10 
for procurement of any fish, shellfish, or seafood product.
      The conferees included a general provision (Section 8122) 
which amends language as proposed by the House and Senate, 
reducing amounts available in titles II, III, and IV by 
$711,000,000 for savings from assumed management improvements.
      The conferees included a general provision (Section 8123) 
which amends language as proposed by the House and Senate, 
reducing the amount available in ``Operation and Maintenance, 
Air Force'', by $967,200,000 for excess Transportation Working 
Capital Fund cash and directing that not later than 270 days 
after enactment of this Act, the same amount be transferred 
from the Transportation Working Capital Fund to ``Operation and 
Maintenance, Air Force''.
      The conferees included a general provision (Section 8125) 
which amends language as proposed by the House, to provide 
$3,900,000 from funds available in ``Operation and Maintenance, 
Marine Corps'', for widening, and construction of a pedestrian 
path, for Adobe Road.
      The conferees included a general provision (Section 8126) 
which amends language, as proposed by the House, making 
$2,500,000 available for the MCAGCC Health Demonstration 
Program.
      The conferees included a general provision (Section 8130) 
which amends language, as proposed by the House, which reduces 
amounts available in title II of this Act by $50,000,000 for 
offsetting of payments to contractors for the collection of 
unpaid taxes.
      The conferees included a general provision (Section 8131) 
which amends language, as proposed by the House, which reduces 
funds available in title IV of this Act by revising the amount 
of the reduction.
      The conferees included a general provision (Section 8132) 
which amends language, as proposed by the House, to establish 
the ``Tanker Replacement Transfer Fund'', and appropriates 
$100,000,000 to said fund.
      The conferees included a general provision (Section 8133) 
which amends language, as proposed by the House, which 
prohibits the amending or cancellation of current Department of 
Defense policy for ``Personal CommercialSolicitation on DoD 
Installations'', until 90 days after completion of a report on 
insurance premium allotment processing.
      The conferees included a general provision (Section 8134) 
which amends language, as proposed by the House with respect to 
the due date of a report on the dud rate of cluster munitions.
      The conferees included a general provision (Section 8135) 
which amends language, as proposed by the Senate, which 
provides from within funds available in ``Operation and 
Maintenance, Navy'', $2,600,000 for drainage and flood control 
systems in the vicinity of the Naval Magazine of Lualualei.
      The conferees included a general provision (Section 8136) 
which amends language, as proposed by the Senate, to provide 
$2,100,000 from within funds available in ``Operation and 
Maintenance, Navy'', for a grant to the Chicago Public Schools 
for establishment of a Naval Military Academy High School.
      The conferees included a general provision (Section 8140) 
which amends language, as proposed by the Senate, which reduces 
funds available in operation and maintenance accounts by 
$768,100,000 for excessive unobligated balances.
      The conferees included a general provision (Section 8141) 
which amends language, as proposed by the Senate, to reduce the 
amount of funds available in title 11 by $100,000,000 for 
excessive cost growth in the travel and transportation of 
persons.
      The conferees included a new general provision (Section 
142) concerning a rescission of funds for unobligated balances. 
The rescissions agreed to are: 2002 Appropriations:

Aircraft Procurement, Navy: Unobligated balances........     $50,000,000
Aircraft Procurement, Air Force: Unobligated balances...      50,000,000

            TITLE IX--ADDITIONAL WAR-RELATED APPROPRIATIONS

                    Department of Defense--Military

      The following table provides details of the supplemental 
appropriations in this title.


    Contracts for Security, Translation, and Interrogation Services

      The conferees direct the Secretary of Defense to provide 
to the congressional defense committees, not later than four 
months after the date of enactment of this Act, a list of all 
contracts entered into by the Department of Defense for the 
provision of security, translation and interrogation services 
in Iraq, Afghanistan, or Guantanamo Bay, and the amount of each 
such contract.

                            Train and Equip

      The conferees have provided an additional $500,000,000 to 
train, equip, and provide related assistance to the New Iraqi 
Army and the Afghan National Army. The conferees have provided 
this funding level with the understanding it will be sufficient 
to carry the program through all of fiscal year 2005.

                 Commander's Emergency Response Program

      The conferees have provided an additional $300,000,000 to 
continue the Commander's Emergency Response Program (CERP) for 
Iraq and Afghanistan. The conferees believe CERP has been one 
of the most successful humanitarian assistance programs in Iraq 
and Afghanistan. The conferees want to ensure that these funds 
are directed to such efforts and that funding for 
administrative functions are minimized. In addition, the 
conferees have received only two reports from the Department on 
the use of the CERP. The conferees concur with the Senate 
Report 108-284 regarding the timeliness and detail of reporting 
requirements.

                    Navy Aircraft Depot Maintenance

      The conferees agree to provide $66,000,000 for Navy 
aircraft depot maintenance. From the funds made available for 
this purpose, the conferees urge the Navy to give priority 
consideration for critical and emergent P-3C and EP-3 
sustainment including phase depot maintenance, Enhanced Special 
Structural Inspections (ESSI), and inventory sustainment 
initiatives, as identified in the Chief of Naval Operations' 
fiscal year 2005 unfunded priority list submission to the 
congressional defense committees.

                           Iraq Freedom Fund

      The conference agreement includes $3,800,000,000 for the 
Iraq Freedom Fund. Of this amount, $1,800,000,000 is only for 
classified activities, and is described further in a classified 
annex to this report. Additionally, the conferees direct that 
up to $100,000,000 shall be available for the Department of 
Homeland Security, ``United States Coast Guard, Operating 
Expenses''.

                              Procurement

      The following table provides details of the 
recommendation for the procurement accounts:


               Rapid Response Force Protection Initiative

      The conferees agree with the direction expressed in the 
Senate-passed version of the fiscal year 2005 DoD 
Appropriations bill on the need to provide improved force 
protection for deployed forces. Further, the conferees agree 
with the Senate that the Army must be given the greatest 
flexibility possible with regard to force protection responses. 
As stated in the Senate report, these options may include armor 
bolt-on kits for M113A2/3 armored personnel carriers, other 
bolt-on armor kits, applied up-armoring system, armored cabs, 
or armored security vehicles (ASV). Accordingly, the conferees 
provide $100,000,000 for this effort. The Secretary of the Army 
shall provide a report to the congressional defense committees 
detailing all expenditures made using these funds not later 
than January 5, 2005.

                     Revolving and Management Funds

                     DEFENSE WORKING CAPITAL FUNDS

      The conferees recommend an appropriation of 
$1,478,000,000 for the Defense Working Capital Funds instead of 
$1,250,000,000 as proposed by the House and $740,000,000 as 
earmarked in the Iraq Freedom Fund by the Senate.

                  Other Department of Defense Programs

                         DEFENSE HEALTH PROGRAM

      The conferees provide $683,000,000 for the Defense Health 
Program. These funds will cover additional costs incurred by 
the military medical system, including costs associated with 
improving medical readiness for Ready Reserve members, and 
enhanced TRICARE benefits for members of the Reserve Component 
and their families. The conferees believe this will be 
sufficient to cover increased Defense Health Program costs for 
at least four months.

                     GENERAL PROVISIONS--THIS TITLE

      The conferees agree to retain section 9001 as proposed by 
the House, which provides that funds in this title are 
available for obligation upon enactment of this Act. The Senate 
proposed similar language.
      The conferees agree to retain section 9002 as proposed by 
the House which provides that funds made available in this 
title are in addition to amounts provided elsewhere in this 
Act.
      The conferees agree to retain and amend section 9003 as 
proposed by the House, which provides for transfer between 
appropriations of up to $1,500,000,000 of funds made available 
in this title, and which amends Section 8005 of the Department 
of Defense Appropriations Act, 2004 by striking $2,100,000,000 
and inserting $2,800,000,000, and providing that transfers 
among military personnel appropriations shall not be taken into 
account for purposes of the limitation under this section. 
Additionally, the provision repeals, upon enactment of this 
Act, Section 168(a) of division H of the Consolidated 
Appropriations Act, 2004 (Public Law 108-199). The Senate did 
not address this matter.
      The conferees agree to retain section 9004 as proposed by 
the House, which provides that funds appropriated in title IX 
of this Act for intelligence activities are deemed to be 
authorized for purposes of section 504 of the National Security 
Act of 1947. The Senate addressed this in title VIII of the 
Senate-passed bill.
      The conferees agree to retain and amend section 9005 as 
proposed by the House and the Senate, which prohibits the use 
of funds provided in title IX to finance programs or activities 
denied by Congress for fiscal years 2004 or 2005 and requires 
written notification prior to initiating new start programs.
      The conferees agree to delete language as proposed by the 
House, which would have continued authorization for certain 
travel and clothing allowances during fiscal year 2005. The 
Senate did not address this matter.
      The conferees agree to delete language as proposed by the 
House, which would have continued through September 30, 2005, 
authorization for certain military pay and allowances. The 
Senate did not address this matter.
      The conferees agree to retain and amend section 9006 as 
proposed by the House, which provides for support to military 
and security forces in Iraq and Afghanistan and provides 
$500,000,000 from funds available for operation and maintenance 
in this title to train and equip the New Iraqi Army and the 
Afghan National Army, and directs certain reports. The Senate 
included a similar provision.
      The conferees agree to retain and amend section 9007 as 
proposed by the House and the Senate, which provides that from 
funds made available in this title, $300,000,000 may be used to 
fund the Commander's Emergency Response Program.
      The conferees agree to retain section 9008 as proposed by 
the Senate which provides for an increase in drawdown authority 
provided under the Afghan Freedom Support Act of 2002. The 
House included a similar provision.
      The conferees agree to retain section 9009 as proposed by 
the Senate which provides that funds available for operation 
and maintenance for the current fiscal year may be used for 
support to coalition forces in Iraq and Afghanistan, and 
directs quarterly reports. The House included similar language.
      The conferees agree to retain section 9010 as proposed by 
the House which requires periodic reports on military 
operations in Iraq and Afghanistan; amounts expended; military 
readiness, recruitment and retention; and other subjects. The 
Senate did not address this matter.
      The conferees agree to retain section 9011 as proposed by 
the House which reaffirms that torture of prisoners of war and 
detainees is illegal and does not reflect the policies of the 
United States. The Senate did not address this matter.
      The conferees agree to retain and amend section 9012 as 
proposed by the House which directs the President to provide a 
report on estimated costs, from fiscal year 2006 to 2011, of 
operations in and around Iraq and Afghanistan. The Senate did 
not address this matter.
      The conferees agree to delete language as proposed by the 
House pertaining to the debt ceiling. The Senate did not 
address this matter.
      The conferees agree to delete language as proposed by the 
House which would have directed the Secretary of Defense to 
provide a list of contracts entered into by the Department of 
Defense for security, translation, and interrogation services 
in Iraq, Afghanistan, or Guantanamo Bay, and the amount of each 
contract. The Senate did not address this matter.
      The conferees agree to retain section 9013 as proposed by 
the House which provides that 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. The Senate did 
not address this matter.
      The conferees agree to include a new provision, section 
9014, which provides for the presentation of promotional 
materials to members of the active and reserve component who 
participate in Operation Enduring Freedom or Operation Iraqi 
Freedom.
      The conferees agree to include a new provision, section 
9015, which provides that for the purposes of Section 402(a)(2) 
of S. Con. Res. 95 (108th Congress), as made applicable to the 
House of Representatives by H. Res. 649 (108th Congress), all 
funds provided in this title, and those made available by 
transfer or pursuant to authority in section 9003 of the 
conference report, are directly in support of national security 
and U.S. forces in the field, are sudden, meet an urgent and 
compelling need, are unpredictable, and are not permanent in 
nature.

                                TITLE X

                             OTHER MATTERS

                               CHAPTER 1

                          Department of State

                   ADMINISTRATION OF FOREIGN AFFAIRS

                    DIPLOMATIC AND CONSULAR PROGRAMS

      The conference agreement includes $665,300,000 for 
necessary expenses for the operations of the United States 
Mission in Iraq as proposed in the House bill, including 
$240,000,000 for logistical support, $18,800,000 for the costs 
of worldwide OpenNet and classified connectivity 
infrastructure, $70,000,000 for the State Department operations 
in Iraq, and $336,500,000 for the security-related costs, 
including equipment, armored vehicles, protective details and 
contract support. The conferees direct the Department, not 
later than 60 days after the date of enactment of this Act, to 
provide a report to the Committees on Appropriations describing 
how, within these categories, the Department allocated the 
funds provided under this heading. The report shall also 
describe how the Department intends to allocate any remaining 
balances.

            EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

      The conference agreement includes $20,000,000 for 
necessary expenses of securing interim United States Mission 
facilities in Iraq, as proposed in the House bill.

                    GENERAL PROVISIONS, THIS CHAPTER

      Sec. 11001. The conference agreement includes language, 
as proposed in the Senate bill, regarding the Manufacturing 
Extension Partnership program.
      Sec. 11002. The conference agreement includes language, 
similar to language proposed in the Senate bill, providing 
$50,000,000 to reimburse State and local law enforcement 
agencies for security costs associated with the 2004 
Presidential Candidate Nominating Conventions in New York, NY 
and Boston, MA.
      Sec. 11003. The conference report includes new language 
providing $26,000,000 to the Federal Judiciary for 
unanticipated costs related to defender services.
      Sec. 11004. The conference agreement includes language, 
as proposed in the House bill, regarding certain transfer, 
reprogramming, and other authorities applicable to amounts 
provided in this title for the Department of State.
      For purposes of section 402(a)(2) 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, funds provided in 
this chapter are provided in response to situations which pose 
direct threats to life and property, are sudden, are urgent and 
compelling needs, are unpredictable, and are not permanent in 
nature.

                               CHAPTER 2

                     Bilateral Economic Assistance

                  Funds Appropriated to the President

           United States Agency for International Development

              International Disaster and Famine Assistance

      The conference agreement appropriates $70,000,000 for 
necessary expenses to respond to the humanitarian crisis in the 
Darfur region of Sudan and in Chad, as proposed by the House 
and the Senate. Language is included elsewhere in this title 
that designates the funding as an emergency requirement. The 
funds are available until expended, and become available for 
obligation upon enactment into law of this Act.
      For purposes of section 402(a)(2) 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, funds provided 
under this heading are provided in response to a situation 
which poses a direct threat to life and property, is sudden, is 
an urgent and compelling need, is unpredictable, and is not 
permanent in nature.

                          Department of State

                    MIGRATION AND REFUGEE ASSISTANCE

      The conference agreement appropriates $25,000,000 for 
necessary expenses to respond to the humanitarian crisis in the 
Darfur region of Sudan and in Chad, as proposed by the House 
and the Senate. Language is included elsewhere in this title 
that designates the funding as an emergency requirement. The 
funds are available until expended, and become available for 
obligation upon enactment into law of this Act.
      For purposes of section 402(a)(2) 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, funds provided 
under this heading are provided in response to a situation 
which poses a direct threat to life and property, is sudden, is 
an urgent and compelling need, is unpredictable, and is not 
permanent in nature.

                    GENERAL PROVISIONS, THIS CHAPTER

      Sec. 12001. The conference agreement includes language, 
as proposed in the Senate bill, regarding provision of surplus 
military equipment to Israel.
      Sec. 12002. The conference agreement includes language, 
as proposed in the Senate bill, regarding Foreign Assistance 
Act provisions.

                               CHAPTER 3

 Supplemental Appropriations for Fiscal Year 2004 for Urgent Wildland 
                      Fire Suppression Activities

      This chapter provides urgently needed supplemental funds 
in the amount of $500,000,000 for the fiscal year 2004 wildfire 
suppression needs of the Department of the Interior and the 
Forest Service, and provides that cost containment measures be 
implemented. This funding includes $100,000,000 for the 
Department of the Interior, through the Bureau of Land 
Management wildland fire management account and $400,000,000 
for the Forest Service wildland fire management account.

                       Department of the Interior

                       Bureau of Land Management

                        WILDLAND FIRE MANAGEMENT

      The managers have included an additional $100,000,000 for 
``Wildland Fire Management'', in fiscal year 2004.

                       Department of Agriculture

                             Forest Service

                        WILDLAND FIRE MANAGEMENT

      The managers have included an additional amount of 
$400,000,000 for ``Wildland Fire Management'', in fiscal year 
2004.

                               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. Funds in this title are available for 
obligation and authorities in this title shall apply upon 
enactment of this Act.
      Sec. 14003. The conference agreement includes language, 
which amends a Senate provision, regarding amendments to Public 
Law 108-199 related to the distribution of Federal-Aid Highways 
funding for fiscal year 2004.
      Sec. 14004. The conference agreement includes language, 
which amends a Senate provision, to include a technical 
correction relating to the name of a project grantee funded 
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, fiscal year 2004.
      Sec. 14005. The conference agreement includes new 
language that extends the availability of $10,600,000 for the 
District of Columbia Public Schools until September 30, 2005.
      Sec. 14006. The conference agreement includes a new 
technical clarification to 8 U.S.C. 11184 (8)(1)(B).
      Sec. 14007. The conferees agreed to a new provision, 
applicable to the Senate, setting for fiscal year 2005 a 
discretionary spending level in the Senate of $821,419,000,000, 
and permitting further adjustments as allowed under the terms 
of the conference report on S. Con. Res. 95, the concurrent 
resolution setting forth the congressional budget for the 
United States Government for fiscal year 2005, as contained in 
House Report 108-498, filed in the House of Representatives on 
May 19, 2004. This provision does not trigger the application 
of House Rule XXVII.
      Sec. 14008. The conference agreement includes a new 
provision which provides that appropriations in chapters 1 and 
2 of this title are each designated as emergency appropriations 
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.

                   Conference Total--With Comparisons

      The total new budget (obligational) authority for the 
fiscal year 2005 recommended by the Committee of Conference, 
with comparisons to the fiscal year 2004 amount, the 2005 
budget estimates, and the House and Senate bills for 2005 
follow:

                        [In thousands of dollars]

New budget (obligational) authority, fiscal year 2004...    $365,772,453
Budget estimates of new (obligational) authority, fiscal 
    year 2005...........................................     392,824,305
House bill, fiscal year 2005............................     391,170,100
Senate bill, fiscal year 2005...........................     384,012,400
Conference agreement, fiscal year 2005..................     391,170,312
Conference agreement compared with:.....................
    New budget (obligational) authority, fiscal year 
      2004..............................................     +25,397,859
    Budget estimates of new (obligational) authority, 
      fiscal year 2005..................................      -1,653,993
    House bill, fiscal year 2005........................            +212
    Senate bill, fiscal year 2005.......................      +7,157,912

                                   Jerry Lewis,
                                   Bill Young,
                                   David L. Hobson,
                                   Henry Bonilla,
                                   George R. Nethercutt, Jr.,
                                   Randy ``Duke'' Cunningham,
                                   Rodney P. Frelinghuysen,
                                   Todd Tiahrt,
                                   Roger F. Wicker,
                                   John P. Murtha,
                                   Norman D. Dicks,
                                   Martin Olav Sabo,
                                   Peter J. Visclosky,
                                   James P. Moran,
                                   David R. Obey,
                                 Managers on the Part of the House.

                                   Ted Stevens,
                                   Thad Cochran,
                                   Arlen Specter,
                                   Pete Domenici,
                                   Kit Bond,
                                   Mitch McConnell,
                                   Richard C. Shelby,
                                   Judd Gregg,
                                   Kay Bailey Hutchison,
                                   Conrad Burns,
                                   Daniel K. Inouye,
                                   Ernest F. Hollings,
                                           (except for deeming 
                                               section),
                                   Robert C. Byrd,
                                           (except for the section 
                                               deeming FY2005 
                                               discretionary limits),
                                   Patrick J. Leahy,
                                           (except for deeming 
                                               section),
                                   Tom Harkin,
                                           (except for deeming 
                                               section),
                                   Byron L. Dorgan,
                                           (except for deeming 
                                               section),
                                   Richard J. Durbin,
                                           (except for the deeming 
                                               FY2005 discretionary 
                                               limits),
                                   Harry Reid,
                                           (except for deeming 
                                               section),
                                   Dianne Feinstein,
                                           (except for deeming 
                                               section),
                                Managers on the Part of the Senate.