[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4613 Public Print (PP)]

  2d Session
                                H. R. 4613


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 24, 2004

         Ordered to be printed with the amendment of the Senate
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 AN ACT


 
Making appropriations for the Department of Defense for the fiscal year 
           ending September 30, 2005, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <DELETED>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:

                       <DELETED>TITLE I</DELETED>

                 <DELETED>MILITARY PERSONNEL</DELETED>

              <DELETED>Military Personnel, Army</DELETED>

<DELETED>    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, $29,507,672,000.</DELETED>

              <DELETED>Military Personnel, Navy</DELETED>

<DELETED>    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, $24,416,157,000.</DELETED>

          <DELETED>Military Personnel, Marine Corps</DELETED>

<DELETED>    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, 
$9,591,102,000.</DELETED>

            <DELETED>Military Personnel, Air Force</DELETED>

<DELETED>    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, $24,291,411,000.</DELETED>

               <DELETED>Reserve Personnel, Army</DELETED>

<DELETED>    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, $3,719,990,000.</DELETED>

               <DELETED>Reserve Personnel, Navy</DELETED>

<DELETED>    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, 
$2,108,232,000.</DELETED>

           <DELETED>Reserve Personnel, Marine Corps</DELETED>

<DELETED>    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, 
$653,073,000.</DELETED>

            <DELETED>Reserve Personnel, Air Force</DELETED>

<DELETED>    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.</DELETED>

           <DELETED>National Guard Personnel, Army</DELETED>

<DELETED>    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, $5,915,229,000.</DELETED>

         <DELETED>National Guard Personnel, Air Force</DELETED>

<DELETED>    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, 
$2,536,742,000.</DELETED>

                      <DELETED>TITLE II</DELETED>

              <DELETED>OPERATION AND MAINTENANCE</DELETED>

           <DELETED>Operation and Maintenance, Army</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    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, $25,820,311,000: Provided, That of 
the funds appropriated in this paragraph, not less than $355,000,000 
shall be made available only for conventional ammunition care and 
maintenance: Provided further, That of funds made available under this 
heading, $2,500,000 shall be 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.</DELETED>

           <DELETED>Operation and Maintenance, Navy</DELETED>

<DELETED>    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, 
$29,570,090,000.</DELETED>

       <DELETED>Operation and Maintenance, Marine Corps</DELETED>

<DELETED>    For expenses, not otherwise provided for, necessary for 
the operation and maintenance of the Marine Corps, as authorized by 
law, $3,605,815,000.</DELETED>

        <DELETED>Operation and Maintenance, Air Force</DELETED>

<DELETED>    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, 
$27,994,110,000: 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.</DELETED>

       <DELETED>Operation and Maintenance, Defense-Wide</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    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, $17,346,411,000, of which not to exceed $25,000,000 
may be available for the Combatant Commander Initiative Fund; and of 
which not to exceed $40,000,000 can be used for emergencies and 
extraordinary expenses, to be expended on the approval or authority of 
the Secretary of Defense, and payments may be made on his certificate 
of necessity for confidential military purposes: Provided, That 
notwithstanding any other provision of law, of the funds provided in 
this Act for Civil Military programs under this heading, $500,000 shall 
be available for a grant for Outdoor Odyssey, 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, $3,000,000 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 
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.</DELETED>

       <DELETED>Operation and Maintenance, Army Reserve</DELETED>

<DELETED>    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, $1,976,128,000.</DELETED>

       <DELETED>Operation and Maintenance, Navy Reserve</DELETED>

<DELETED>    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, $1,233,038,000.</DELETED>

   <DELETED>Operation and Maintenance, Marine Corps Reserve</DELETED>

<DELETED>    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.</DELETED>

    <DELETED>Operation and Maintenance, Air Force Reserve</DELETED>

<DELETED>    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, $2,227,190,000.</DELETED>

   <DELETED>Operation and Maintenance, Army National Guard</DELETED>

<DELETED>    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), $4,376,886,000.</DELETED>

    <DELETED>Operation and Maintenance, Air National Guard</DELETED>

<DELETED>    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, 
$4,438,738,000.</DELETED>

  <DELETED>Overseas Contingency Operations Transfer Account</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    For expenses directly relating to Overseas Contingency 
Operations by United States military forces, $5,000,000, 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.</DELETED>

 <DELETED>United States Court of Appeals for the Armed Forces</DELETED>

<DELETED>    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.</DELETED>

           <DELETED>Environmental Restoration, Army</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    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.</DELETED>

           <DELETED>Environmental Restoration, Navy</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    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.</DELETED>

        <DELETED>Environmental Restoration, Air Force</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    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.</DELETED>

       <DELETED>Environmental Restoration, Defense-Wide</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    For the Department of Defense, $26,684,000, 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.</DELETED>

       <DELETED>Environmental Restoration, Formerly Used Defense 
                            Sites</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    For the Department of the Army, $216,516,000, 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.</DELETED>

   <DELETED>Overseas Humanitarian, Disaster, and Civic Aid</DELETED>

<DELETED>    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.</DELETED>

    <DELETED>Former Soviet Union Threat Reduction Account</DELETED>

<DELETED>    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.</DELETED>

                      <DELETED>TITLE III</DELETED>

                     <DELETED>PROCUREMENT</DELETED>

             <DELETED>Aircraft Procurement, Army</DELETED>

<DELETED>    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, $3,107,941,000, to remain available for obligation until 
September 30, 2007, of which $320,600,000 shall be for the Army 
National Guard and Army Reserve.</DELETED>

              <DELETED>Missile Procurement, Army</DELETED>

<DELETED>    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, $1,327,000,000, to remain available for obligation until 
September 30, 2007, of which $29,400,000 shall be for the Army National 
Guard and Army Reserve.</DELETED>

     <DELETED>Procurement of Weapons and Tracked Combat Vehicles, 
                             Army</DELETED>

<DELETED>    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, $2,773,695,000, to remain available for obligation until 
September 30, 2007, of which $13,700,000 shall be for the Army National 
Guard and Army Reserve.</DELETED>

           <DELETED>Procurement of Ammunition, Army</DELETED>

<DELETED>    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, $1,608,302,000, to remain available for 
obligation until September 30, 2007, of which $215,900,000 shall be for 
the Army National Guard and Army Reserve.</DELETED>

               <DELETED>Other Procurement, Army</DELETED>

<DELETED>    For construction, procurement, production, and 
modification of vehicles, including tactical, support, and non-tracked 
combat vehicles; the purchase of passenger motor vehicles for 
replacement only; communications and electronic equipment; other 
support equipment; spare parts, ordnance, and accessories therefor; 
specialized equipment and training devices; expansion of public and 
private plants, including the land necessary therefor, for the 
foregoing purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title; and procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; and other expenses 
necessary for the foregoing purposes, $4,868,371,000, to remain 
available for obligation until September 30, 2007, of which 
$900,000,000 shall be for the Army National Guard and Army 
Reserve.</DELETED>

             <DELETED>Aircraft Procurement, Navy</DELETED>

<DELETED>    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, $8,841,824,000, to remain available for obligation 
until September 30, 2007, of which $89,846,000 shall be for the Navy 
Reserve and Marine Corps Reserve.</DELETED>

              <DELETED>Weapons Procurement, Navy</DELETED>

<DELETED>    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, $1,993,754,000, to remain available 
for obligation until September 30, 2007.</DELETED>

  <DELETED>Procurement of Ammunition, Navy and Marine Corps</DELETED>

<DELETED>    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, $885,340,000, to remain available for 
obligation until September 30, 2007, of which $27,130,000 shall be for 
the Navy Reserve and Marine Corps Reserve.</DELETED>

          <DELETED>Shipbuilding and Conversion, Navy</DELETED>

<DELETED>    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:</DELETED>
<DELETED>    Carrier Replacement program (AP), $626,084,000;</DELETED>
<DELETED>    NSSN, $1,581,143,000;</DELETED>
<DELETED>    NSSN (AP), $871,864,000;</DELETED>
<DELETED>    SSGN, $469,226,000;</DELETED>
<DELETED>    SSGN (AP), $48,000,000;</DELETED>
<DELETED>    CVN Refueling Overhauls (AP), $333,061,000;</DELETED>
<DELETED>    SSN Submarine Refueling Overhauls (AP), 
$19,368,000;</DELETED>
<DELETED>    SSBN Submarine Refueling Overhauls, 
$262,229,000;</DELETED>
<DELETED>    SSBN Submarine Refueling Overhauls (AP), 
$63,971,000;</DELETED>
<DELETED>    DDG-51 Destroyer, $3,444,950,000;</DELETED>
<DELETED>    DDG-51 Destroyer (AP), $125,000,000;</DELETED>
<DELETED>    DDG-51 Modernization, $100,000,000;</DELETED>
<DELETED>    LHD-8, $236,018,000;</DELETED>
<DELETED>    LPD-17, $966,559,000;</DELETED>
<DELETED>    LCU(X), $25,048,000;</DELETED>
<DELETED>    Service Craft, $38,599,000;</DELETED>
<DELETED>    LCAC Landing Craft Air Cushion SLEP, 
$90,490,000;</DELETED>
<DELETED>    Prior year shipbuilding costs, $484,390,000; and</DELETED>
<DELETED>    For outfitting, post delivery, conversions, and first 
destination transportation, $403,327,000.</DELETED>
<DELETED>    In all: $10,189,327,000, 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.</DELETED>

               <DELETED>Other Procurement, Navy</DELETED>

<DELETED>    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; 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, $4,980,325,000, to 
remain available for obligation until September 30, 2007, of which 
$37,373,000 shall be for the Navy Reserve and Marine Corps Reserve: 
Provided, That funds available in this appropriation may be used for 
TRIDENT modifications associated with force protection and security 
requirements.</DELETED>

              <DELETED>Procurement, Marine Corps</DELETED>

<DELETED>    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, $1,462,703,000, to remain available for 
obligation until September 30, 2007, of which $55,608,000 shall be 
available for the Marine Corps Reserve.</DELETED>

           <DELETED>Aircraft Procurement, Air Force</DELETED>

<DELETED>    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, $13,289,984,000, to 
remain available for obligation until September 30, 2007, of which 
$303,700,000 shall be available for the Air National Guard and Air 
Force Reserve: 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.</DELETED>

           <DELETED>Missile Procurement, Air Force</DELETED>

<DELETED>    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, $4,425,013,000, to remain available for obligation until 
September 30, 2007.</DELETED>

        <DELETED>Procurement of Ammunition, Air Force</DELETED>

<DELETED>    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, $1,346,557,000, to remain available for 
obligation until September 30, 2007, of which $150,500,000 shall be for 
the Air National Guard and Air Force Reserve.</DELETED>

            <DELETED>Other Procurement, Air Force</DELETED>

<DELETED>    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; 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, $13,199,607,000, to remain 
available for obligation until September 30, 2007, of which 
$198,300,000 shall be for the Air National Guard and Air Force 
Reserve.</DELETED>

              <DELETED>Procurement, Defense-Wide</DELETED>

<DELETED>    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, $3,028,033,000, to remain available for obligation until 
September 30, 2007.</DELETED>

          <DELETED>Defense Production Act Purchases</DELETED>

<DELETED>    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), $27,015,000, to remain 
available until expended.</DELETED>

                      <DELETED>TITLE IV</DELETED>

     <DELETED>RESEARCH, DEVELOPMENT, TEST AND EVALUATION</DELETED>

  <DELETED>Research, Development, Test and Evaluation, Army</DELETED>

<DELETED>    For expenses necessary for basic and applied scientific 
research, development, test and evaluation, including maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$10,220,123,000, to remain available for obligation until September 30, 
2006: Provided, That of the amounts provided under this heading, 
$10,000,000 for Molecular Genetics and Musculoskeletal Research in 
program element 0602787A shall remain available until 
expended.</DELETED>

  <DELETED>Research, Development, Test and Evaluation, Navy</DELETED>

<DELETED>    For expenses necessary for basic and applied scientific 
research, development, test and evaluation, including maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$16,532,361,000, 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.</DELETED>

       <DELETED>Research, Development, Test and Evaluation, Air 
                            Force</DELETED>

<DELETED>    For expenses necessary for basic and applied scientific 
research, development, test and evaluation, including maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$21,033,622,000, to remain available for obligation until September 30, 
2006.</DELETED>

     <DELETED>Research, Development, Test and Evaluation, Defense-
                             Wide</DELETED>

<DELETED>    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, $20,851,271,000, to 
remain available for obligation until September 30, 2006.</DELETED>

      <DELETED>Operational Test and Evaluation, Defense</DELETED>

<DELETED>    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, $309,135,000, to remain available for obligation 
until September 30, 2006.</DELETED>

                       <DELETED>TITLE V</DELETED>

           <DELETED>REVOLVING AND MANAGEMENT FUNDS</DELETED>

            <DELETED>Defense Working Capital Funds</DELETED>

<DELETED>    For the Defense Working Capital Funds, 
$1,174,210,000.</DELETED>

            <DELETED>National Defense Sealift Fund</DELETED>

<DELETED>    For National Defense Sealift Fund programs, projects, and 
activities, and for expenses of the National Defense Reserve Fleet, as 
established by section 11 of the Merchant Ship Sales Act of 1946 (50 
U.S.C. App. 1744), and for the necessary expenses to maintain and 
preserve a U.S.-flag merchant fleet to serve the national security 
needs of the United States, $1,186,626,000, to remain available until 
expended: Provided, That none of the funds provided in this paragraph 
shall be used to award a new contract that provides for the acquisition 
of any of the following major components unless such components are 
manufactured in the United States: auxiliary equipment, including 
pumps, for all shipboard services; propulsion system components (that 
is; engines, reduction gears, and 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.</DELETED>

                      <DELETED>TITLE VI</DELETED>

        <DELETED>OTHER DEPARTMENT OF DEFENSE PROGRAMS</DELETED>

               <DELETED>Defense Health Program</DELETED>

<DELETED>    For expenses, not otherwise provided for, for medical and 
health care programs of the Department of Defense, as authorized by 
law, $17,959,186,000, of which $17,148,069,000 shall be for Operation 
and maintenance, of which not to exceed 2 percent shall remain 
available until September 30, 2006; of which $364,635,000, to remain 
available for obligation until September 30, 2007, shall be for 
Procurement; and of which $446,482,000, 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, $11,000,000 shall remain available until 
expended, and shall be available only for deposit into the Army Fisher 
House Non-Appropriated Fund Instrumentality and shall be used in 
support and upkeep of existing Fisher Houses managed by the Army: 
Provided further, That notwithstanding any other provision of law, of 
the amount made available under this heading for Research, development, 
test and evaluation, not less than $10,000,000 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''.</DELETED>

   <DELETED>Chemical Agents and Munitions Destruction, Army</DELETED>

<DELETED>    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, $1,371,990,000, of which 
$1,138,801,000 shall be for Operation and maintenance to remain 
available until September 30, 2006; $78,980,000 shall be for 
Procurement to remain available until September 30, 2007; $154,209,000 
shall be for 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.</DELETED>

        <DELETED>Drug Interdiction and Counter-Drug Activities, 
                           Defense</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    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, $876,697,000: Provided, That the 
funds appropriated under this heading shall be available for obligation 
for the same time period and for the same purpose as the appropriation 
to which transferred: Provided further, That upon a determination that 
all or part of the funds transferred from this 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.</DELETED>

           <DELETED>Office of the Inspector General</DELETED>

<DELETED>    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, $193,562,000, of which $191,362,000 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.</DELETED>

                      <DELETED>TITLE VII</DELETED>

                  <DELETED>RELATED AGENCIES</DELETED>

 <DELETED>Central Intelligence Agency Retirement and Disability System 
                             Fund</DELETED>

<DELETED>    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.</DELETED>

      <DELETED>Intelligence Community Management Account</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    For necessary expenses of the Intelligence Community 
Management Account, $309,644,000, of which $26,953,000 for the Advanced 
Research and Development Committee shall remain available until 
September 30, 2006: Provided, That of the funds appropriated under this 
heading, $46,100,000 shall be transferred to the 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.</DELETED>

       <DELETED>National Security Education Trust Fund</DELETED>

<DELETED>    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.</DELETED>

                     <DELETED>TITLE VIII</DELETED>

                 <DELETED>GENERAL PROVISIONS</DELETED>

<DELETED>    Sec. 8001. No part of any appropriation contained in this 
Act shall be used for publicity or propaganda purposes not authorized 
by the Congress.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>

                 <DELETED>(transfer of funds)</DELETED>

<DELETED>    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 $3,000,000,000 of working capital funds of the Department of 
Defense or funds made available in this Act to the Department of 
Defense for military functions (except military 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.</DELETED>

                 <DELETED>(transfer of funds)</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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--</DELETED>
        <DELETED>    (1) the Secretary of Defense has submitted to 
        Congress a budget request for full funding of units to be 
        procured through the contract;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (4) the contract does not provide for a price 
        adjustment based on a failure to award a follow-on 
        contract.</DELETED>
<DELETED>    Funds appropriated in title III of this Act may be used 
for a multiyear procurement contract as follows:</DELETED>
        <DELETED>    Lightweight 155mm Howitzer.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Nothing in this section shall be construed to apply to 
military (civilian) technicians.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) 10 percent of the most efficient 
                organization's personnel-related costs for performance 
                of that activity or function by Federal employees; 
                or</DELETED>
                <DELETED>    (B) $10,000,000; and</DELETED>
        <DELETED>    (3) the contractor does not receive an advantage 
        for a proposal that would reduce costs for the Department of 
        Defense by--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (b) Exceptions.--</DELETED>
        <DELETED>    (1) This section and subsections (a), (b), and (c) 
        of section 2461 of title 10, United States Code, shall not 
        apply to a commercial or industrial type function of the 
        Department of Defense that--</DELETED>
                <DELETED>    (A) is included on the procurement list 
                established pursuant to section 2 of the Javits-Wagner-
                O'Day Act (41 U.S.C. 47);</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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)).</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

                 <DELETED>(transfer of funds)</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    Sec. 8024. Hereafter, 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.</DELETED>
<DELETED>    Sec. 8025. During the current fiscal year, net receipts 
pursuant to collections from third party payers pursuant to section 
1095 of title 10, United States Code, shall be made available to the 
local facility of the uniformed services responsible for the 
collections and shall be over and above the facility's direct budget 
amount.</DELETED>
<DELETED>    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.</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    Sec. 8027. (a) Of the funds made available in this Act, 
not less than $24,822,000 shall be available for the Civil Air Patrol 
Corporation, of which--</DELETED>
        <DELETED>    (1) $21,722,000 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;</DELETED>
        <DELETED>    (2) $2,300,000 shall be available from ``Aircraft 
        Procurement, Air Force''; and</DELETED>
        <DELETED>    (3) $800,000 shall be available from ``Other 
        Procurement, Air Force'' for vehicle procurement.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) Notwithstanding any other provision of law, of the 
funds available to the department during fiscal year 2005, not more 
than 6,600 staff years of technical effort (staff years) may be funded 
for defense FFRDCs: Provided, That this subsection shall not apply to 
staff years funded in the National Foreign Intelligence Program 
(NFIP).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (f) Notwithstanding any other provision of this Act, the 
total amount appropriated in this Act for FFRDCs is hereby reduced by 
$40,000,000.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.).</DELETED>
<DELETED>    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.</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    Sec. 8035. The President shall include with each budget 
for a fiscal year submitted to the Congress under section 1105 of title 
31, United States Code, materials that shall identify clearly and 
separately the amounts 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.</DELETED>
<DELETED>    Sec. 8036. 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.</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    Sec. 8037. 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.</DELETED>
<DELETED>    Sec. 8038. (a) In General.--Notwithstanding any other 
provision of law, the Secretary of the Air Force may convey at no cost 
to the Air Force, without consideration, to Indian tribes located in 
the States of North Dakota, South Dakota, Montana, and Minnesota 
relocatable 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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    Sec. 8039. 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.</DELETED>
<DELETED>    Sec. 8040. (a) During the current fiscal year, none of the 
appropriations or funds available to the Department of Defense Working 
Capital Funds shall be used for the purchase of an investment item for 
the purpose of 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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    Sec. 8041. None of the funds appropriated by this Act for 
programs of the Central Intelligence Agency shall remain available for 
obligation beyond the current fiscal year, except for funds 
appropriated for the Reserve for Contingencies, which shall remain 
available until 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.</DELETED>
<DELETED>    Sec. 8042. 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.</DELETED>
<DELETED>    Sec. 8043. 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.</DELETED>
<DELETED>    Sec. 8044. (a) None of the funds appropriated in this Act 
may be expended by an entity of the Department of Defense unless the 
entity, in expending the funds, 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.).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    Sec. 8045. None of the funds appropriated by this Act 
shall be available for a contract for studies, analysis, or consulting 
services entered into without competition on the basis of an 
unsolicited proposal unless the head of the activity responsible for 
the procurement determines--</DELETED>
        <DELETED>    (1) as a result of thorough technical evaluation, 
        only one source is found fully qualified to perform the 
        proposed work;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    Sec. 8046. (a) Except as provided in subsection (b) and 
(c), none of the funds made available by this Act may be used--
</DELETED>
        <DELETED>    (1) to establish a field operating agency; 
        or</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) This section does not apply to field operating 
agencies funded within the National Foreign Intelligence 
Program.</DELETED>
<DELETED>    Sec. 8047. Notwithstanding section 303 of Public Law 96-
487 or any other provision of law, the Secretary of the Navy is 
authorized to lease real and personal property at Naval Air Facility, 
Adak, Alaska, pursuant to 10 U.S.C. 2667(f), for commercial, industrial 
or other purposes: Provided, That notwithstanding any other provision 
of law, the Secretary of the Navy may remove hazardous materials from 
facilities, buildings, and structures at Adak, Alaska, and may demolish 
or otherwise dispose of such facilities, buildings, and 
structures.</DELETED>

                    <DELETED>(rescissions)</DELETED>

<DELETED>    Sec. 8048. 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:</DELETED>
        <DELETED>    ``Former Soviet Union Threat Reduction, 2003/
        2005'', $50,000,000;</DELETED>
        <DELETED>    ``Aircraft Procurement, Navy, 2004/2006'', 
        $2,900,000;</DELETED>
        <DELETED>    ``Shipbuilding and Conversion, Navy, 2004/2008'', 
        $10,300,000;</DELETED>
        <DELETED>    ``Other Procurement, Navy, 2004/2006'', 
        $5,200,000;</DELETED>
        <DELETED>    ``Other Procurement, Air Force, 2004/2006'', 
        $100,000,000;</DELETED>
        <DELETED>    ``Procurement, Defense-Wide, 2004/2006'' 
        $23,400,000;</DELETED>
        <DELETED>    ``Research, Development, Test and Evaluation, 
        Army, 2004/2005'', $42,650,000;</DELETED>
        <DELETED>    ``Research, Development, Test and Evaluation, 
        Navy, 2004/2005'', $20,000,000;</DELETED>
        <DELETED>    ``Research, Development, Test and Evaluation, Air 
        Force, 2004/2005'', $37,000,000; and</DELETED>
        <DELETED>    ``Research, Development, Test and Evaluation, 
        Defense-Wide, 2004/2005'', $108,300,000.</DELETED>
<DELETED>    Sec. 8049. 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.</DELETED>
<DELETED>    Sec. 8050. 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.</DELETED>
<DELETED>    Sec. 8051. 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.</DELETED>
<DELETED>    Sec. 8052. 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.</DELETED>
<DELETED>    Sec. 8053. During the current fiscal year, none of the 
funds appropriated in this Act may be used to reduce the civilian 
medical and medical support personnel assigned to military treatment 
facilities below the September 30, 2004 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.</DELETED>
<DELETED>    Sec. 8054. Notwithstanding any other provision of law, 
that not more than 35 percent of funds provided in this Act for 
environmental remediation may be obligated under indefinite delivery/
indefinite quantity contracts with a total contract value of 
$130,000,000 or higher.</DELETED>
<DELETED>    Sec. 8055. (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.</DELETED>
<DELETED>    (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.</DELETED>

                 <DELETED>(transfer of funds)</DELETED>

<DELETED>    Sec. 8056. 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.</DELETED>
<DELETED>    Sec. 8057. None of the funds appropriated by this Act may 
be used for the procurement of ball and roller bearings other than 
those produced by a domestic source and of domestic origin: Provided, 
That the Secretary of the military department responsible for such 
procurement may waive this restriction on a case-by-case basis by 
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.</DELETED>
<DELETED>    Sec. 8058. Notwithstanding any other provision of law, 
funds available to the Department of Defense shall be made available to 
provide transportation of medical supplies and equipment, on a 
nonreimbursable basis, to American Samoa, and funds available to the 
Department 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.</DELETED>
<DELETED>    Sec. 8059. 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.</DELETED>
<DELETED>    Sec. 8060. Notwithstanding any other provision of law, 
each contract awarded by the Department of Defense during the current 
fiscal year for construction or service performed in whole or in part 
in a State (as defined in section 381(d) of title 10, United States 
Code) which is not contiguous with another State and has an 
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.</DELETED>
<DELETED>    Sec. 8061. None of the funds made available in this or any 
other Act may be used to pay the salary of any officer or employee of 
the Department of Defense who 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.</DELETED>
<DELETED>    Sec. 8062. (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.</DELETED>
<DELETED>    (b) Covered Activities.--This section applies to--
</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) any other international peacekeeping, peace-
        enforcement, or humanitarian assistance operation.</DELETED>
<DELETED>    (c) Required Notice.--A notice under subsection (a) shall 
include the following:</DELETED>
        <DELETED>    (1) A description of the equipment, supplies, or 
        services to be transferred.</DELETED>
        <DELETED>    (2) A statement of the value of the equipment, 
        supplies, or services to be transferred.</DELETED>
        <DELETED>    (3) In the case of a proposed transfer of 
        equipment or supplies--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    Sec. 8063. To the extent authorized by subchapter VI of 
chapter 148 of title 10, United States Code, for the current fiscal 
year and hereafter the Secretary of Defense may issue loan guarantees 
in support of United States 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.</DELETED>
<DELETED>    Sec. 8064. 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--</DELETED>
        <DELETED>    (1) such costs are for a bonus or otherwise in 
        excess of the normal salary paid by the contractor to the 
        employee; and</DELETED>
        <DELETED>    (2) such bonus is part of restructuring costs 
        associated with a business combination.</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    Sec. 8065. During the current fiscal year, no more than 
$30,000,000 of appropriations made in this Act under the heading 
``Operation and Maintenance, Defense-Wide'' may be transferred to 
appropriations available for the pay of military personnel, to be 
merged with, and to be available for the same time period as the 
appropriations to which transferred, to be used in support of such 
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.</DELETED>
<DELETED>    Sec. 8066. During the current fiscal year, in the case of 
an appropriation account of the Department of Defense for which the 
period of availability for obligation has 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--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) the obligation is not otherwise properly 
        chargeable to any current appropriation account of the 
        Department of Defense; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    Sec. 8067. 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.</DELETED>
<DELETED>    Sec. 8068. (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    Sec. 8069. Using funds available by this Act or any other 
Act, the Secretary of the Air Force, pursuant to a determination under 
section 2690 of title 10, United States Code, may implement cost-
effective agreements for required heating facility modernization in the 
Kaiserslautern Military Community in the Federal 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.</DELETED>
<DELETED>    Sec. 8070. 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.</DELETED>
<DELETED>    Sec. 8071. None of the funds made available in this Act 
may be used to approve or license the sale of the F-22 advanced 
tactical fighter to any foreign government.</DELETED>
<DELETED>    Sec. 8072. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each limitation on 
the procurement of defense items from foreign sources provided in law 
if the Secretary determines that the application of the limitation with 
respect to that country would invalidate cooperative programs entered 
into between the Department of Defense and the foreign country, or 
would invalidate reciprocal trade agreements for the procurement of 
defense items entered into under section 2531 of title 10, United 
States Code, and the country does not discriminate against the same or 
similar defense items produced in the United States for that 
country.</DELETED>
<DELETED>    (b) Subsection (a) applies with respect to--</DELETED>
        <DELETED>    (1) contracts and subcontracts entered into on or 
        after the date of the enactment of this Act; and</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    Sec. 8073. (a) Prohibition.--None of the funds made 
available by this Act may be used to support any training program 
involving a unit of the security forces of a foreign country if the 
Secretary of Defense has 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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    Sec. 8074. The Secretary of Defense, in coordination with 
the Secretary of Health and Human Services, may carry out a program to 
distribute surplus dental 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))).</DELETED>
<DELETED>    Sec. 8075. None of the funds appropriated or made 
available in this Act to the Department of the Navy shall be used to 
develop, lease or procure the T-AKE class of ships unless the main 
propulsion diesel engines and propulsors are manufactured in the United 
States by a domestically operated entity: Provided, That the Secretary 
of Defense may waive this restriction on a case-by-case basis by 
certifying in writing to the Committees on 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.</DELETED>
<DELETED>    Sec. 8076. 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.</DELETED>
<DELETED>    Sec. 8077. Notwithstanding any other provision of law, 
funds appropriated in this Act under the heading ``Research, 
Development, Test and Evaluation, Defense-Wide'' for any advanced 
concept technology demonstration project may only be obligated 30 days 
after a report, 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.</DELETED>
<DELETED>    Sec. 8078. The Secretary of Defense shall provide a 
classified quarterly report, beginning December 15, 2004, to the House 
and Senate Appropriations Committees, Subcommittees on Defense on 
certain matters as directed in the classified annex accompanying this 
Act.</DELETED>
<DELETED>    Sec. 8079. During the current fiscal year and hereafter, 
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.</DELETED>
<DELETED>    Sec. 8080. (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).</DELETED>
<DELETED>    (b) Certifications as to Compliance With Financial 
Management Modernization Plan.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) The Chief Information Officer shall provide 
        the congressional defense committees timely notification of 
        certifications under paragraph (1).</DELETED>
<DELETED>    (c) Certifications as to Compliance With Clinger-Cohen 
Act.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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:</DELETED>
                <DELETED>    (A) Business process 
                reengineering.</DELETED>
                <DELETED>    (B) An analysis of alternatives.</DELETED>
                <DELETED>    (C) An economic analysis that includes a 
                calculation of the return on investment.</DELETED>
                <DELETED>    (D) Performance measures.</DELETED>
                <DELETED>    (E) An information assurance strategy 
                consistent with the Department's Global Information 
                Grid.</DELETED>
<DELETED>    (d) Definitions.--For purposes of this section:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    Sec. 8081. During the current fiscal year, none of the 
funds available to the Department of Defense may be used to provide 
support to another department or agency of the United States if such 
department or agency is more than 90 days in arrears in making payment 
to the 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.</DELETED>
<DELETED>    Sec. 8082. None of the funds provided in this Act may be 
used to transfer to any nongovernmental entity ammunition held by the 
Department of Defense that has a center-fire cartridge and a United 
States military 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.</DELETED>
<DELETED>    Sec. 8083. 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.</DELETED>
<DELETED>    Sec. 8084. None of the funds appropriated by this Act 
shall be used for the support of any nonappropriated funds activity of 
the Department of Defense that procures malt beverages and wine with 
nonappropriated funds for resale (including such alcoholic beverages 
sold by the 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.</DELETED>
<DELETED>    Sec. 8085. 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.</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    Sec. 8086. Of the amounts appropriated in this Act under 
the heading, ``Research, Development, Test and Evaluation, Defense-
Wide'', $60,000,000 shall remain available until expended: Provided, 
That notwithstanding any other provision of law, the Secretary of 
Defense is authorized to transfer such funds to other activities of the 
Federal Government.</DELETED>
<DELETED>    Sec. 8087. 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.</DELETED>
<DELETED>    Sec. 8088. 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.</DELETED>
<DELETED>    Sec. 8089. Amounts appropriated in title II of this Act 
are hereby reduced by $300,000,000 to reflect savings attributable to 
efficiencies and management improvements in the funding of 
miscellaneous or other contracts in the military departments, as 
follows:</DELETED>
        <DELETED>    (1) From ``Operation and Maintenance, Army'', 
        $66,700,000.</DELETED>
        <DELETED>    (2) From ``Operation and Maintenance, Navy'', 
        $77,900,000.</DELETED>
        <DELETED>    (3) From ``Operation and Maintenance, Marine 
        Corps'', $6,100,000.</DELETED>
        <DELETED>    (4) From ``Operation and Maintenance, Air Force'', 
        $149,300,000.</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    Sec. 8090. Of the amounts appropriated in this Act under 
the heading ``Research, Development, Test and Evaluation, Defense-
Wide'', $87,290,000 shall be available for the Arrow missile defense 
program, of which $25,000,000 shall be for 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.</DELETED>
<DELETED>    Sec. 8091. Notwithstanding any other provision of law, of 
the amounts provided in this Act and in Public Law 108-87 under the 
heading ``Research, Development, Test and Evaluation, Navy'', 
$1,500,000, and $500,000, respectively, shall be available for a grant 
(or grants) to the California Central Coast Research Partnership (C3RP) 
through the California Polytechnic State University Foundation, for 
costs related to Office of Naval Research agreements: Provided, That 
the Secretary of the Navy shall make said grant (or grants) within 90 
days of the enactment of this Act.</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    Sec. 8092. Of the amounts appropriated in this Act under 
the heading ``Shipbuilding and Conversion, Navy'', $484,390,000 shall 
be available until September 30, 2005, to fund prior year shipbuilding 
cost increases: Provided, That upon enactment of this Act, the 
Secretary of Defense shall transfer such funds to the following 
appropriations in the amount specified: Provided further, That the 
amounts transferred shall be merged with and be available for the same 
purposes as the appropriations to which transferred:</DELETED>
        <DELETED>    To:</DELETED>
        <DELETED>    Under the heading, ``Shipbuilding and Conversion, 
        Navy, 1996/05'':</DELETED>
                <DELETED>    LPD-17 Amphibious Transport Dock Ship 
                Program, $55,000,000.</DELETED>
        <DELETED>    Under the heading, ``Shipbuilding and Conversion, 
        Navy, 1999/05'':</DELETED>
                <DELETED>    New SSN, $10,000,000.</DELETED>
                <DELETED>    LPD-17 Amphibious Transport Dock Ship 
                Program, $38,100,000.</DELETED>
        <DELETED>    Under the heading, ``Shipbuilding and Conversion, 
        Navy, 2000/05'':</DELETED>
                <DELETED>    DDG-51 Destroyer Program, 
                $44,963,000.</DELETED>
                <DELETED>    LPD-17 Amphibious Transport Dock Ship 
                Program, $171,681,000.</DELETED>
        <DELETED>    Under the heading, ``Shipbuilding and Conversion, 
        Navy, 2001/05'':</DELETED>
                <DELETED>    DDG-51 Destroyer Program, 
                $83,316,000.</DELETED>
                <DELETED>    New SSN, $67,330,000.</DELETED>
        <DELETED>    Under the heading, ``Shipbuilding and Conversion, 
        Navy, 2002/05'':</DELETED>
                <DELETED>    LCAC SLEP, $2,100,000.</DELETED>
        <DELETED>    Under the heading, ``Shipbuilding and Conversion, 
        Navy, 2003/05'':</DELETED>
                <DELETED>    LCAC SLEP, $11,900,000:</DELETED>
<DELETED>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.</DELETED>
<DELETED>    Sec. 8093. The Secretary of the Navy may settle, or 
compromise, and pay any and all admiralty claims under 10 U.S.C. 7622 
arising out of the collision involving the U.S.S. GREENEVILLE and the 
EHIME MARU, in any amount and without regard to the monetary 
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.</DELETED>
<DELETED>    Sec. 8094. Notwithstanding any other provision of law or 
regulation, the Secretary of Defense may hereafter exercise the 
provisions of 38 U.S.C. 7403(g) for occupations listed in 38 U.S.C. 
7403(a)(2) as well as the following:</DELETED>
        <DELETED>    Pharmacists, Audiologists, and Dental 
        Hygienists.</DELETED>
        <DELETED>    (A) The requirements of 38 U.S.C. 7403(g)(1)(A) 
        shall apply.</DELETED>
        <DELETED>    (B) The limitations of 38 U.S.C. 7403(g)(1)(B) 
        shall not apply.</DELETED>
<DELETED>    Sec. 8095. 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.</DELETED>
<DELETED>    Sec. 8096. The total amount appropriated in title IV of 
this Act is hereby reduced by $270,000,000 to reduce cost growth in 
information technology development and modernization, to be derived as 
follows:</DELETED>
        <DELETED>    (1) From ``Research, Development, Test and 
        Evaluation, Army'', $60,000,000.</DELETED>
        <DELETED>    (2) From ``Research, Development, Test and 
        Evaluation, Navy'', $29,000,000.</DELETED>
        <DELETED>    (3) From ``Research, Development, Test and 
        Evaluation, Air Force'', $72,000,000.</DELETED>
        <DELETED>    (4) From ``Research, Development, Test and 
        Evaluation, Defense-Wide'', $109,000,000.</DELETED>
<DELETED>    Sec. 8097. None of the funds in this Act may be used to 
initiate a new start program without prior notification to the Office 
of Secretary of Defense and the congressional defense 
committees.</DELETED>
<DELETED>    Sec. 8098. 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:</DELETED>
        <DELETED>    (1) From ``Operation and Maintenance, Navy'', 
        $150,000,000.</DELETED>
        <DELETED>    (2) From ``Operation and Maintenance, Air Force'', 
        $166,000,000.</DELETED>
<DELETED>    Sec. 8099. (a) In addition to the amounts provided 
elsewhere in this Act, the amount of $6,000,000 is hereby appropriated 
to the Department of Defense for ``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.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    Sec. 8100. 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 that seven (7) Stryker Brigade Combat Teams to be fielded no 
later than fiscal year 2009.</DELETED>
<DELETED>    Sec. 8101. In addition to the amounts appropriated or 
otherwise made available elsewhere in this Act, $6,600,000 is hereby 
appropriated to the Department of Defense, to remain available until 
September 30, 2005: Provided, That the Secretary of Defense shall make 
grants in the amount of $2,100,000 to the Intrepid Sea-Air-Space 
Foundation; $2,500,000 to the Presidio Trust only for renovations of 
the parade field; and $2,000,000 to the Fort Ticonderoga 
Association.</DELETED>
<DELETED>    Sec. 8102. None of the funds appropriated in this Act 
under the heading ``Overseas Contingency Operations Transfer Account'' 
may be transferred or obligated for Department of Defense expenses not 
directly related to the conduct of overseas contingencies: Provided, 
That the 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.</DELETED>
<DELETED>    Sec. 8103. For purposes of section 1553(b) of title 31, 
United States Code, any subdivision of appropriations made in this Act 
under the heading ``Shipbuilding and Conversion, Navy'' shall be 
considered to be for the same purpose as any subdivision under the 
heading ``Shipbuilding and Conversion, Navy'' appropriations in any 
prior fiscal year, and the 1 percent limitation shall apply to the 
total amount of the appropriation.</DELETED>
<DELETED>    Sec. 8104. The budget of the President for fiscal year 
2006 submitted to the Congress pursuant to section 1105 of title 31, 
United States Code shall include separate budget justification 
documents for costs of United States Armed Forces' participation in 
contingency operations for the Military Personnel accounts, the 
Operation and 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.</DELETED>
<DELETED>    Sec. 8105. 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.</DELETED>
<DELETED>    Sec. 8106. 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.</DELETED>
<DELETED>    Sec. 8107. None of the funds appropriated or made 
available in this Act shall be used to reduce or disestablish the 
operation of the 53rd Weather Reconnaissance 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.</DELETED>
<DELETED>    Sec. 8108. (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    Sec. 8109. (a) The total amount appropriated or otherwise 
made available in titles III and IV of this Act is hereby reduced by 
$345,000,000 to reflect savings from revised economic assumptions, to 
be distributed as follows:</DELETED>
        <DELETED>    ``Title III'', $189,000,000; and</DELETED>
        <DELETED>    ``Title IV'', $156,000,000.</DELETED>
<DELETED>    (b) The Secretary of Defense shall allocate this reduction 
proportionately to each program, project, and activity within each 
applicable appropriation account.</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    Sec. 8110. (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.</DELETED>
<DELETED>    (b) Not later than 120 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.</DELETED>
<DELETED>    Sec. 8111. 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.</DELETED>
<DELETED>    Sec. 8112. Section 8149(b) of the Department of Defense 
Appropriations Act, 2003 (Public Law 107-248; 10 U.S.C. 2784 note), 
shall remain in effect for fiscal year 2005.</DELETED>
<DELETED>    Sec. 8113. Amounts appropriated in this Act may be used by 
the Department of Defense for the purchase of heavy and light armored 
vehicles for force protection purposes, notwithstanding price or other 
limitations applicable to the purchase of passenger carrying vehicles 
under section 1343 of title 31, United States Code, or any other 
provision of law: Provided, That the Secretary of Defense shall submit 
a report no later than 30 days after the end of each fiscal quarter 
notifying the congressional defense committees of any purchase 
described in this section, including the cost, purposes, and quantities 
of vehicles purchased.</DELETED>
<DELETED>    Sec. 8114. 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, 
$4,500,000 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.</DELETED>
<DELETED>    Sec. 8115. In addition to amounts appropriated or 
otherwise made available in this Act, there is hereby appropriated 
$3,000,000, for ``Operation and Maintenance, Marine Corps'': Provided, 
That the Secretary of the Navy shall make a grant in that amount to the 
``Hi-Desert 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.</DELETED>
<DELETED>    Sec. 8116. (a) Land Conveyance, Army Reserve Training 
Center, Wooster, Ohio.--The Secretary of the Army may convey, without 
consideration, to the City of Wooster, Ohio, all right, title, and 
interest of the United States in and to a parcel of real property, 
including improvements thereon, that is located at 1676 Portage Road, 
Wooster, Ohio, and contains a former Army Reserve Training 
Center.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    Sec. 8117. (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.</DELETED>
<DELETED>    (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.</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    Sec. 8118. 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.</DELETED>
<DELETED>    Sec. 8119. The amounts appropriated in title II of this 
Act are hereby reduced by $100,000,000 to reflect savings attributable 
to the offsetting of payments to contractors for the collection, 
pursuant to law, of unpaid taxes owed to the United States, as 
follows:</DELETED>
        <DELETED>    (1) From ``Operation and Maintenance, Army'', 
        $22,000,000.</DELETED>
        <DELETED>    (2) From ``Operation and Maintenance, Navy'', 
        $26,000,000.</DELETED>
        <DELETED>    (3) From ``Operation and Maintenance, Marine 
        Corps'', $2,000,000.</DELETED>
        <DELETED>    (4) From ``Operation and Maintenance, Air Force'', 
        $50,000,000.</DELETED>
<DELETED>    Sec. 8120. The total amount appropriated in title IV is 
hereby reduced by $685,000,000 to decrease amounts budgeted in 
anticipation of the application of non-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.</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    Sec. 8121. 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 KC-
767 tanker acquisition program: Provided further, That these funds may 
be made available to implement the provisions of section 117 of the 
House-passed version of H.R. 4200 (108th Congress), the National 
Defense Authorization Act for Fiscal Year 2005: Provided further, That 
funds transferred shall be merged with and be available for the same 
purposes and for the same time period as the appropriation or fund to 
which transferred: Provided further, That this transfer authority is in 
addition to any other transfer authority available to the Department of 
Defense: Provided further, That the Secretary of the Air Force shall, 
not fewer than 15 days prior to making 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.</DELETED>
<DELETED>    Sec. 8122. 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 one-year period beginning on the date on 
which the report containing the results of the investigation regarding 
insurance premium allotment processing, which is underway as of the 
date of the enactment of this Act, is submitted to the congressional 
defense committees (as defined in section 101(a)(16) of title 10, 
United States Code), the Committee on Government Reform of the House of 
Representatives, and the Committee on Governmental Affairs of the 
Senate.</DELETED>
<DELETED>    Sec. 8123. The Secretary of Defense shall provide a report 
to the congressional defense committees not later than July 30, 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.</DELETED>

         <DELETED>TITLE IX--ADDITIONAL APPROPRIATIONS</DELETED>

                      <DELETED>CHAPTER I</DELETED>

           <DELETED>DEPARTMENT OF DEFENSE--MILITARY</DELETED>

                 <DELETED>MILITARY PERSONNEL</DELETED>

              <DELETED>Military Personnel, Army</DELETED>

<DELETED>    For an additional amount for ``Military Personnel, Army'', 
$2,552,200,000: Provided, That, if the enactment of this title occurs 
during fiscal year 2004, such amount is designated as an emergency 
requirement pursuant to section 402 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives by H. 
Res. 649 (108th Congress): Provided further, That, if the enactment of 
this title occurs during fiscal year 2005, such amount is designated as 
making appropriations for overseas contingency operations pursuant to 
section 403 of such S. Con. Res. 95.</DELETED>

              <DELETED>Military Personnel, Navy</DELETED>

<DELETED>    For an additional amount for ``Military Personnel, Navy'', 
$232,200,000: Provided, That, if the enactment of this title occurs 
during fiscal year 2004, such amount is designated as an emergency 
requirement pursuant to section 402 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives by H. 
Res. 649 (108th Congress): Provided further, That, if the enactment of 
this title occurs during fiscal year 2005, such amount is designated as 
making appropriations for overseas contingency operations pursuant to 
section 403 of such S. Con. Res. 95.</DELETED>

          <DELETED>Military Personnel, Marine Corps</DELETED>

<DELETED>    For an additional amount for ``Military Personnel, Marine 
Corps'', $273,200,000: Provided, That, if the enactment of this title 
occurs during fiscal year 2004, such amount is designated as an 
emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives by H. 
Res. 649 (108th Congress): Provided further, That, if the enactment of 
this title occurs during fiscal year 2005, such amount is designated as 
making appropriations for overseas contingency operations pursuant to 
section 403 of such S. Con. Res. 95.</DELETED>

            <DELETED>Military Personnel, Air Force</DELETED>

<DELETED>    For an additional amount for ``Military Personnel, Air 
Force'', $874,400,000: Provided, That, if the enactment of this title 
occurs during fiscal year 2004, such amount is designated as an 
emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives by H. 
Res. 649 (108th Congress): Provided further, That, if the enactment of 
this title occurs during fiscal year 2005, such amount is designated as 
making appropriations for overseas contingency operations pursuant to 
section 403 of such S. Con. Res. 95.</DELETED>

              <DELETED>OPERATION AND MAINTENANCE</DELETED>

           <DELETED>Operation and Maintenance, Army</DELETED>

<DELETED>    For an additional amount for ``Operation and Maintenance, 
Army'', $11,698,400,000: Provided, That, if the enactment of this title 
occurs during fiscal year 2004, such amount is designated as an 
emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives by H. 
Res. 649 (108th Congress): Provided further, That, if the enactment of 
this title occurs during fiscal year 2005, such amount is designated as 
making appropriations for overseas contingency operations pursuant to 
section 403 of such S. Con. Res. 95.</DELETED>

           <DELETED>Operation and Maintenance, Navy</DELETED>

<DELETED>    For an additional amount for ``Operation and Maintenance, 
Navy'', $303,000,000: Provided, That, if the enactment of this title 
occurs during fiscal year 2004, such amount is designated as an 
emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives by H. 
Res. 649 (108th Congress): Provided further, That, if the enactment of 
this title occurs during fiscal year 2005, such amount is designated as 
making appropriations for overseas contingency operations pursuant to 
section 403 of such S. Con. Res. 95.</DELETED>

       <DELETED>Operation and Maintenance, Marine Corps</DELETED>

<DELETED>    For an additional amount for ``Operation and Maintenance, 
Marine Corps'', $1,295,000,000: Provided, That, if the enactment of 
this title occurs during fiscal year 2004, such amount is designated as 
an emergency requirement pursuant to section 402 of S. Con. Res. 95 
(108th Congress), as made applicable to the House of Representatives by 
H. Res. 649 (108th Congress): Provided further, That, if the enactment 
of this title occurs during fiscal year 2005, such amount is designated 
as making appropriations for overseas contingency operations pursuant 
to section 403 of such S. Con. Res. 95.</DELETED>

        <DELETED>Operation and Maintenance, Air Force</DELETED>

<DELETED>    For an additional amount for ``Operation and Maintenance, 
Air Force'', $744,000,000: Provided, That, if the enactment of this 
title occurs during fiscal year 2004, such amount is designated as an 
emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives by H. 
Res. 649 (108th Congress): Provided further, That, if the enactment of 
this title occurs during fiscal year 2005, such amount is designated as 
making appropriations for overseas contingency operations pursuant to 
section 403 of such S. Con. Res. 95.</DELETED>

       <DELETED>Operation and Maintenance, Defense-Wide</DELETED>

<DELETED>    For an additional amount for ``Operation and Maintenance, 
Defense-Wide'', $295,000,000: Provided, That, if the enactment of this 
title occurs during fiscal year 2004, such amount is designated as an 
emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives by H. 
Res. 649 (108th Congress): Provided further, That, if the enactment of 
this title occurs during fiscal year 2005, such amount is designated as 
making appropriations for overseas contingency operations pursuant to 
section 403 of such S. Con. Res. 95.</DELETED>

                  <DELETED>Iraq Freedom Fund</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    For an additional amount for ``Iraq Freedom Fund'', 
$2,978,000,000, to remain available for transfer until September 30, 
2006, for the purposes authorized under this heading in Public Law 108-
11: Provided, That the Secretary of Defense may transfer the funds 
provided herein to appropriations for military personnel; operation and 
maintenance; Overseas Humanitarian, Disaster, and Civic Aid; 
procurement; research, development, test and evaluation; the Defense 
Health Program; and working capital funds: Provided further, That of 
the amounts provided under this heading, not less than $1,978,000,000 
shall be for classified programs, which shall be in addition to amounts 
provided for elsewhere in this title, and under this heading: Provided 
further, That funds transferred shall be merged with and be available 
for the same 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: Provided further, That, if the enactment of this title 
occurs during fiscal year 2004, such amount is designated as an 
emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives by H. 
Res. 649 (108th Congress): Provided further, That, if the enactment of 
this title occurs during fiscal year 2005, such amount is designated as 
making appropriations for overseas contingency operations pursuant to 
section 403 of such S. Con. Res. 95.</DELETED>

                     <DELETED>PROCUREMENT</DELETED>

              <DELETED>Missile Procurement, Army</DELETED>

<DELETED>    For an additional amount for ``Missile Procurement, 
Army'', $42,800,000, to remain available until September 30, 2007: 
Provided, That, if the enactment of this title occurs during fiscal 
year 2004, such amount is designated as an emergency requirement 
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made 
applicable to the House of Representatives by H. Res. 649 (108th 
Congress): Provided further, That, if the enactment of this title 
occurs during fiscal year 2005, such amount is designated as making 
appropriations for overseas contingency operations pursuant to section 
403 of such S. Con. Res. 95.</DELETED>

     <DELETED>Procurement of Weapons and Tracked Combat Vehicles, 
                             Army</DELETED>

<DELETED>    For an additional amount for ``Procurement of Weapons and 
Tracked Combat Vehicles, Army'', $201,900,000, to remain available 
until September 30, 2007: Provided, That, if the enactment of this 
title occurs during fiscal year 2004, such amount is designated as an 
emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives by H. 
Res. 649 (108th Congress): Provided further, That, if the enactment of 
this title occurs during fiscal year 2005, such amount is designated as 
making appropriations for overseas contingency operations pursuant to 
section 403 of such S. Con. Res. 95.</DELETED>

           <DELETED>Procurement of Ammunition, Army</DELETED>

<DELETED>    For an additional amount for ``Procurement of Ammunition, 
Army'', $330,000,000, to remain available until September 30, 2007: 
Provided, That, if the enactment of this title occurs during fiscal 
year 2004, such amount is designated as an emergency requirement 
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made 
applicable to the House of Representatives by H. Res. 649 (108th 
Congress): Provided further, That, if the enactment of this title 
occurs during fiscal year 2005, such amount is designated as making 
appropriations for overseas contingency operations pursuant to section 
403 of such S. Con. Res. 95.</DELETED>

               <DELETED>Other Procurement, Army</DELETED>

<DELETED>    For an additional amount for ``Other Procurement, Army'', 
$1,151,400,000, to remain available until September 30, 2007: Provided, 
That, if the enactment of this title occurs during fiscal year 2004, 
such amount is designated as an emergency requirement pursuant to 
section 402 of S. Con. Res. 95 (108th Congress), as made applicable to 
the House of Representatives by H. Res. 649 (108th Congress): Provided 
further, That, if the enactment of this title occurs during fiscal year 
2005, such amount is designated as making appropriations for overseas 
contingency operations pursuant to section 403 of such S. Con. Res. 
95.</DELETED>

             <DELETED>Aircraft Procurement, Navy</DELETED>

<DELETED>    For an additional amount for ``Aircraft Procurement, 
Navy'', $34,000,000, to remain available until September 30, 2007: 
Provided, That, if the enactment of this title occurs during fiscal 
year 2004, such amount is designated as an emergency requirement 
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made 
applicable to the House of Representatives by H. Res. 649 (108th 
Congress): Provided further, That, if the enactment of this title 
occurs during fiscal year 2005, such amount is designated as making 
appropriations for overseas contingency operations pursuant to section 
403 of such S. Con. Res. 95.</DELETED>

  <DELETED>Procurement of Ammunition, Navy and Marine Corps</DELETED>

<DELETED>    For an additional amount for ``Procurement of Ammunition, 
Navy and Marine Corps'', $112,800,000, to remain available until 
September 30, 2007: Provided, That, if the enactment of this title 
occurs during fiscal year 2004, such amount is designated as an 
emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives by H. 
Res. 649 (108th Congress): Provided further, That, if the enactment of 
this title occurs during fiscal year 2005, such amount is designated as 
making appropriations for overseas contingency operations pursuant to 
section 403 of such S. Con. Res. 95.</DELETED>

              <DELETED>Procurement, Marine Corps</DELETED>

<DELETED>    For an additional amount for ``Procurement, Marine 
Corps'', $111,400,000, to remain available until September 30, 2007: 
Provided, That, if the enactment of this title occurs during fiscal 
year 2004, such amount is designated as an emergency requirement 
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made 
applicable to the House of Representatives by H. Res. 649 (108th 
Congress): Provided further, That, if the enactment of this title 
occurs during fiscal year 2005, such amount is designated as making 
appropriations for overseas contingency operations pursuant to section 
403 of such S. Con. Res. 95.</DELETED>

            <DELETED>Other Procurement, Air Force</DELETED>

<DELETED>    For an additional amount for ``Other Procurement, Air 
Force'', $35,300,000, to remain available until September 30, 2007: 
Provided, That, if the enactment of this title occurs during fiscal 
year 2004, such amount is designated as an emergency requirement 
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made 
applicable to the House of Representatives by H. Res. 649 (108th 
Congress): Provided further, That, if the enactment of this title 
occurs during fiscal year 2005, such amount is designated as making 
appropriations for overseas contingency operations pursuant to section 
403 of such S. Con. Res. 95.</DELETED>

              <DELETED>Procurement, Defense-Wide</DELETED>

<DELETED>    For an additional amount for ``Procurement, Defense-
Wide'', $80,000,000, to remain available until September 30, 2007: 
Provided, That, if the enactment of this title occurs during fiscal 
year 2004, such amount is designated as an emergency requirement 
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made 
applicable to the House of Representatives by H. Res. 649 (108th 
Congress): Provided further, That, if the enactment of this title 
occurs during fiscal year 2005, such amount is designated as making 
appropriations for overseas contingency operations pursuant to section 
403 of such S. Con. Res. 95.</DELETED>

        <DELETED>National Guard and Reserve Equipment</DELETED>

<DELETED>    For an additional amount for ``National Guard and Reserve 
Equipment'', $100,000,000, to remain available until September 30, 
2007: Provided, That, if the enactment of this title occurs during 
fiscal year 2004, such amount is designated as an emergency requirement 
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made 
applicable to the House of Representatives by H. Res. 649 (108th 
Congress): Provided further, That, if the enactment of this title 
occurs during fiscal year 2005, such amount is designated as making 
appropriations for overseas contingency operations pursuant to section 
403 of such S. Con. Res. 95.</DELETED>

           <DELETED>REVOLVING AND MANAGEMENT FUNDS</DELETED>

            <DELETED>Defense Working Capital Funds</DELETED>

<DELETED>    For an additional amount for ``Defense Working Capital 
Funds'', $1,250,000,000: Provided, That, if the enactment of this title 
occurs during fiscal year 2004, such amount is designated as an 
emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives by H. 
Res. 649 (108th Congress): Provided further, That, if the enactment of 
this title occurs during fiscal year 2005, such amount is designated as 
making appropriations for overseas contingency operations pursuant to 
section 403 of such S. Con. Res. 95.</DELETED>

        <DELETED>OTHER DEPARTMENT OF DEFENSE PROGRAMS</DELETED>

               <DELETED>Defense Health Program</DELETED>

<DELETED>    For an additional amount for ``Defense Health Program'', 
$305,000,000 for Operation and maintenance: Provided, That, if the 
enactment of this title occurs during fiscal year 2004, such amount is 
designated as an emergency requirement pursuant to section 402 of S. 
Con. Res. 95 (108th Congress), as made applicable to the House of 
Representatives by H. Res. 649 (108th Congress): Provided further, 
That, if the enactment of this title occurs during fiscal year 2005, 
such amount is designated as making appropriations for overseas 
contingency operations pursuant to section 403 of such S. Con. Res. 
95.</DELETED>

                      <DELETED>CHAPTER 2</DELETED>

                 <DELETED>DEPARTMENT OF STATE</DELETED>

          <DELETED>Administration of Foreign Affairs</DELETED>

          <DELETED>Diplomatic and Consular Programs</DELETED>

<DELETED>    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: Provided, 
That, if the enactment of this title occurs during fiscal year 2004, 
such amount is designated as an emergency requirement pursuant to 
section 402 of S. Con. Res. 95 (108th Congress), as made applicable to 
the House of Representatives by H. Res. 649 (108th Congress): Provided 
further, That, if the enactment of this title occurs during fiscal year 
2005, such amount is designated as making appropriations for overseas 
contingency operations pursuant to section 403 of such S. Con. Res. 
95.</DELETED>

   <DELETED>Embassy Security, Construction, and Maintenance</DELETED>

<DELETED>    For an additional amount for ``Embassy Security, 
Construction, and Maintenance'' for interim facilities for the United 
States Mission in Iraq, $20,000,000, to remain available until 
expended: Provided, That, if the enactment of this title occurs during 
fiscal year 2004, such amount is designated as an emergency requirement 
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made 
applicable to the House of Representatives by H. Res. 649 (108th 
Congress): Provided further, That, if the enactment of this title 
occurs during fiscal year 2005, such amount is designated as making 
appropriations for overseas contingency operations pursuant to section 
403 of such S. Con. Res. 95.</DELETED>

                      <DELETED>CHAPTER 3</DELETED>

            <DELETED>BILATERAL ECONOMIC ASSISTANCE</DELETED>

         <DELETED>FUNDS APPROPRIATED TO THE PRESIDENT</DELETED>

 <DELETED>United States Agency for International Development</DELETED>

    <DELETED>International Disaster and Famine Assistance</DELETED>

<DELETED>    For an additional amount for ``International Disaster and 
Famine Assistance'', $70,000,000, to remain available until September 
30, 2005: 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: Provided further, That such amount is designated as 
an emergency requirement pursuant to section 402 of S. Con. Res. 95 
(108th Congress), as made applicable to the House of Representatives by 
H. Res. 649 (108th Congress).</DELETED>

                 <DELETED>Department of State</DELETED>

          <DELETED>Migration and Refugee Assistance</DELETED>

<DELETED>    For an additional amount for ``Migration and Refugee 
Assistance'', $25,000,000, to remain available until September 30, 
2005: Provided, That funds appropriated by this paragraph shall be 
available to respond to the humanitarian crisis in the Darfur region of 
Sudan and in Chad: Provided further, That such amount is designated as 
an emergency requirement pursuant to section 402 of S. Con. Res. 95 
(108th Congress), as made applicable to the House of Representatives by 
H. Res. 649 (108th Congress).</DELETED>

            <DELETED>GENERAL PROVISIONS, TITLE IX</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>

                 <DELETED>(transfer of funds)</DELETED>

<DELETED>    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 $2,000,000,000 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.</DELETED>
<DELETED>    (b) Section 8005 of the Department of Defense 
Appropriations Act, 2004 (Public Law 108-87; 117 Stat. 1071), is 
amended--</DELETED>
        <DELETED>    (1) by striking ``$2,100,000,000'' and inserting 
        in lieu thereof ``$3,000,000,000''; and</DELETED>
        <DELETED>    (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.''.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d)(1) If the enactment of this title occurs during fiscal 
year 2004, the amounts made available by the transfer of funds in or 
pursuant to this section are designated as emergency requirements 
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made 
applicable to the House of Representatives by H. Res. 649 (108th 
Congress).</DELETED>
<DELETED>    (2) If the enactment of this title occurs during fiscal 
year 2005, such amounts are designated as making appropriations for 
overseas contingency operations pursuant to section 403 of such S. Con. 
Res. 95.</DELETED>
<DELETED>    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).</DELETED>
<DELETED>    Sec. 9005. None of the funds provided in this title may be 
used to finance programs or activities denied by Congress in fiscal 
year 2005 appropriations to the Department of Defense or to initiate a 
procurement or research, development, test and evaluation new start 
program without prior notification to the congressional defense 
committees.</DELETED>
<DELETED>    Sec. 9006. Sections 1318 and 1319 of the Emergency Wartime 
Supplemental Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 
571), shall remain in effect during fiscal year 2005.</DELETED>
<DELETED>    Sec. 9007. From October 1, 2004, through September 30, 
2005, (a) the rates of pay authorized by section 310(a) of title 37, 
United States Code, shall be $225; and (b) the rates of pay authorized 
by section 427(a)(1) of title 37, United States Code, shall be 
$250.</DELETED>
<DELETED>    Sec. 9008. 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 to military or 
security forces in Iraq and Afghanistan, 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.</DELETED>
<DELETED>    Sec. 9009. From funds made available in this title to the 
Department of Defense for operation and maintenance, 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.</DELETED>
<DELETED>    Sec. 9010. Section 202(b) of the Afghanistan Freedom 
Support Act of 2002 (22 U.S.C. 7532(b)) is amended by striking 
``$450,000,000'' and inserting in lieu thereof 
``$650,000,000''.</DELETED>
<DELETED>    Sec. 9011. Funds available to the Department of Defense 
for operation and maintenance in this title 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.</DELETED>
<DELETED>    Sec. 9012. (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.</DELETED>
<DELETED>    (b) Each report shall include the following 
information:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) An assessment of the progress made toward 
        preventing attacks on United States personnel.</DELETED>
        <DELETED>    (3) An assessment of the effects of the operations 
        and activities in Iraq and Afghanistan on the readiness of the 
        Armed Forces.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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:</DELETED>
                <DELETED>    (A) The unit.</DELETED>
                <DELETED>    (B) The projected date of return of the 
                unit to its home station.</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    Sec. 9013. 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.</DELETED>
<DELETED>    Sec. 9014. 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.</DELETED>
<DELETED>    Sec. 9015. 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 October 1, 
2004.</DELETED>
<DELETED>    Sec. 9016. Section 3101 of title 31, United States Code, 
is amended by adding at the end the following new subsection:</DELETED>
        <DELETED>    ``(d) The United States Government shall take all 
        steps necessary to guarantee the full faith and credit of the 
        Government.''.</DELETED>
<DELETED>    Sec. 9017. From within funds made available in chapter 1 
of this title, the Secretary of Defense shall use such funds as 
necessary to provide to Congress, not later than 4 months after the 
date of the 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.</DELETED>
<DELETED>    Sec. 9018. None of the funds made available in chapter 1 
of 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)).</DELETED>
<DELETED>    This Act may be cited as the ``Department of Defense 
Appropriations Act, 2005''.</DELETED>
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, 
$29,457,797,000.

                        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, 
$24,330,171,000.

                    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, $9,567,768,000.

                     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, 
$24,165,011,000.

                        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, 
$3,675,390,000.

                        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, $2,132,432,000.

                    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, 
$624,973,000.

                      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, $1,458,650,000.

                     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, 
$5,913,329,000.

                  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, 
$2,543,892,000.

                                TITLE II

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Army, as authorized by law, 
$25,705,109,000, to remain available for obligation until September 30, 
2006: Provided, That not more than $11,000,000 may be used for 
emergency and extraordinary expenses authorized under section 127 of 
title 10, United States Code: Provided further, That $5,096,000,000 may 
not be obligated before September 30, 2005.

                    Operation and Maintenance, Navy

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Navy and Marine Corps, as authorized 
by law, $29,591,679,000, to remain available for obligation until 
September 30, 2006: Provided, That not more than $4,000,000 may be used 
for emergency and extraordinary expenses authorized under section 127 
of title 10, United States Code: Provided further, That $5,918,336,000 
may not be obligated before September 30, 2005.

                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, 
$3,617,473,000: Provided, That not more than $1,000,000 may be used for 
emergency and extraordinary expenses authorized under section 127 of 
title 10, United States Code.

                  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, 
$28,282,160,000, to remain available for obligation until September 30, 
2006: Provided, That not more than $7,000,000 may be used for emergency 
and extraordinary expenses authorized under section 127 of title 10, 
United States Code: Provided further, That $5,474,432,000 may not be 
obligated before September 30, 2005.

                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, 
$17,552,314,000, to remain available for obligation until September 30, 
2006: 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: Provided further, That not more than 
$32,000,000 may be used for emergency and extraordinary expenses 
authorized under section 127 of title 10, United States Code: 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 of the funds provided under this heading not 
less than $28,000,000 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 $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: Provided further, That $3,510,463,000 may not be 
obligated before September 30, 2004.

                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, $1,979,038,000.

                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, $1,244,838,000.

            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, $188,696,000.

              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, $2,200,790,000.

             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), $4,372,436,000.

             Operation and Maintenance, Air National Guard

    For operation and maintenance of the Air National Guard, including 
medical and hospital treatment and related expenses in non-Federal 
hospitals; maintenance, operation, repair, and other necessary expenses 
of facilities for the training and administration of the Air National 
Guard, including repair of facilities, maintenance, operation, and 
modification of aircraft; transportation of things, hire of passenger 
motor vehicles; supplies, materials, and equipment, as authorized by 
law for the Air National Guard; and expenses incident to the 
maintenance and use of supplies, materials, and equipment, including 
such as may be 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, 
$4,454,238,000.

            Overseas Contingency Operations Transfer Account

                     (including transfer of funds)

    For expenses directly relating to Overseas Contingency Operations 
by United States military forces, $30,000,000, 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: Provided, That not more than 
$5,000 may be used for emergency and extraordinary expenses authorized 
under section 127 of title 10, United States Code.

                    Environmental Restoration, Army

                     (including transfer of funds)

    For the Department of the Army, $566,948,000, 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, $447,820,000, 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, $276,516,000, 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

    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, $2,653,241,000, 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, $1,378,321,000, 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, 
$1,698,695,000, 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, $1,606,502,000, 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, $4,685,846,000, 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, $8,899,367,000, 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, $2,222,620,000, 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, $881,140,000, 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), $485,184,000;
            NSSN, $1,581,143,000;
            NSSN (AP), $871,864,000;
            SSGN, $469,226,000;
            SSGN (AP), $48,000,000;
            CVN Refuelings (AP), $223,061,000;
            SSN Submarine Refuelings (AP), $19,368,000;
            SSBN Submarine Refuelings, $262,229,000;
            SSBN Submarine Refuelings (AP), $72,171,000;
            DDG-51 Destroyer, $3,444,950,000;
            DD(X) (AP), $320,516,000;
            LPD-17, $966,559,000;
            LHD-8, $236,018,000;
            LHA-R (AP), $175,000,000;
            LCU (X), $25,048,000;
            LCAC Landing Craft Air Cushion, $90,490,000;
            Prior year shipbuilding costs, $484,390,000;
            Service Craft, $32,099,000; and
            For outfitting, post delivery, conversions, and first 
        destination transportation, $349,327,000.
    In all: $10,171,643,000, 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, $4,797,025,000, to remain available for obligation 
until September 30, 2007.

                       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, $1,266,803,000, 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, $13,547,524,000, to remain available for 
obligation until September 30, 2007.

                     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, 
$4,609,213,000, 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, $1,353,859,000, 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, $13,284,897,000, 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, $2,867,303,000, 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, $500,000,000, 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), $42,515,000, 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, 
$10,308,804,000, to remain available for obligation until September 30, 
2006.

            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, 
$16,748,035,000, 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, 
$21,002,308,000, 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, $20,404,563,000, 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, $305,135,000, to remain available for obligation 
until September 30, 2006.

                                TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

    For the Defense Working Capital Funds, $1,685,886,000.

                     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, $441,936,000, 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, 
$18,064,811,000, of which $17,299,369,000 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 $366,235,000, to remain available for obligation until September 
30, 2007, shall be for Procurement; and of which $399,207,000, to 
remain available for obligation until September 30, 2006, shall be for 
Research, development, test and evaluation.

            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, $1,373,990,000, 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; $206,209,000 
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, $908,797,000: 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, $244,562,000, of which $242,362,000 shall be for Operation and 
maintenance, of which not more than $700,000 may be used for emergency 
and extraordinary expenses authorized under section 127 of title 10, 
United States Code; 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, $319,355,000, 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, 
$34,911,000 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 
$4,000,000,000 of working capital funds of the Department of Defense or 
funds made available in this Act to the Department of Defense for 
military functions (except military 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.

                          (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.
    Funds appropriated in title III of this Act may be used for 
multiyear procurement contracts as follows:
            155mm Lightweight Towed 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; and
            (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.
    (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. 2301 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, 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 fiscal 
year 2006 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. In addition to the amounts appropriated or otherwise 
made available in this Act, $33,000,000 is hereby appropriated to the 
Department of Defense: Provided, That the Secretary of Defense shall 
make grants in the amount of $10,000,000 to the Military Aviation 
Museum of the Pacific; $10,000,000 to the Wings of Liberty Military 
Museum at Fort Campbell; $3,000,000 to the United Services 
Organization; $5,000,000 to the Galena IDEA Distance Learning Program; 
$2,000,000 to the National Museum of Cavalry and Armor at Fort Knox; 
and $3,000,000 to the Wing Luke Asian Museum.
    Sec. 8026. In addition to amounts provided elsewhere in this Act, 
$2,500,000 is hereby appropriated for ``Operation and Maintenance, Air 
Force'' for acquisition by the United States Air Force of Native 
Allotment F-14589: Provided, That in consideration of its unauthorized 
use and contamination of Native Allotment F-14589, consisting of 159.7 
acres, at Oliktok Point, Alaska, the United States Air Force shall 
acquire Native Allotment F-14589 by payment of $2,500,000 to the 
current owners of the Native Allotment.
    Sec. 8027. 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. 8028. (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. 8029. (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 
6,321 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.
    (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 
$74,200,000.
    Sec. 8030. 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. 8031. 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. 8032. 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. 8033. (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. 8034. Appropriations contained in this Act that remain 
available at the end of the current fiscal year 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. 8035. Amounts deposited during the current fiscal year 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. 8036. 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. 8037. Notwithstanding any other provision of law, funds 
available 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'', 
        $20,444,000;
            ``Weapons Procurement, Navy, 2004/2006'', $15,157,000;
            ``Other Procurement, Navy, 2004/2006'', $54,338,000;
            ``Procurement, Defense-Wide, 2004/2006'', $23,571,000;
            ``Research, Development, Test and Evaluation, Army, 2004/
        2005'', $25,000,000; and
            ``Research, Development, Test and Evaluation, Defense-Wide, 
        2004/2005'', $10,100,000.
    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, 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 in this Act under the heading 
``Operation and Maintenance, Defense-Wide'' 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. (a) The total amount appropriated or otherwise made 
available in titles II, III and IV of this Act is hereby reduced by 
$835,000,000 to reflect savings from revised economic assumptions.
    (b) The Secretary of Defense shall allocate this reduction 
proportionally to each budget activity, activity group, subactivity 
group, and each program, project, and activity within each applicable 
appropriation account.
    Sec. 8063. 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. 8064. 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. 8065. (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. 8066. To the extent authorized by subchapter VI of chapter 148 
of title 10, United States Code, 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. 8067. 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. 8068. Notwithstanding any other provision of law, none of the 
funds provided in this Act may be used to pay any fee charged by the 
Department of State for the purpose of constructing new United States 
diplomatic facilities.

                     (including transfer of funds)

    Sec. 8069. 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. 8070. 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. 8071. Funds appropriated in title II of this Act and for the 
Defense Health Program in title VI of this Act 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. 8072. (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. 8073. 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. 8074. 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. 8075. 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. 8076. (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. 8077. (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. 8078. (a) The Secretary of Defense, in coordination with the 
Secretary of Health and Human Services, may carry out a program to 
distribute surplus dental and medical equipment of the Department of 
Defense, at no cost to the Department of Defense, to Indian Health 
Service facilities and to federally-qualified health centers (within 
the meaning of section 1905(l)(2)(B) of the Social Security Act (42 
U.S.C. 1396d(l)(2)(B))).
    (b) In carrying out this provision, the Secretary of Defense shall 
give the Indian Health Service a property disposal priority equal to 
the priority given to the Department of Defense and its twelve special 
screening programs in distribution of surplus dental and medical 
supplies and equipment.
    Sec. 8079. 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. 8080. 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. 8081. 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. 8082. The Secretary of Defense shall provide a classified 
quarterly report, beginning 30 days after enactment, to the House and 
Senate Appropriations Committees, Subcommittees on Defense on certain 
matters as directed in the classified annex accompanying this Act.
    Sec. 8083. The amount appropriated in title II for ``Operation and 
Maintenance, Air Force'' is hereby reduced by $300,000,000 to reflect 
cash balance and rate stabilization adjustments in the Department of 
Defense Transportation Working Capital Fund.
    Sec. 8084. (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. 8085. 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. 8086. 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. 8087. 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. 8088. 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. 8089. 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. 8090. 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. 8091. (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'', $210,000,000 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. 8092. 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. 8093. (a) Of the amounts appropriated in this Act under the 
heading ``Research, Development, Test and Evaluation, Navy'', 
$107,678,000 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. 8094. 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. 8095. Of the amounts appropriated in this Act under the 
heading ``Research, Development, Test and Evaluation, Defense-Wide'', 
$167,400,000 shall be made available for the Arrow missile defense 
program: Provided, That of this amount, $80,000,000 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.

                     (including transfer of funds)

    Sec. 8096. In addition to amounts provided elsewhere in this Act, 
$40,000,000 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.

                     (including transfer of funds)

    Sec. 8097. 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.
    Sec. 8098. None of the funds available to the Department of Defense 
may be obligated to implement any action which alters the command 
responsibility or permanent assignment of forces until 270 days after 
such plan has been provided to the congressional defense committees.
    Sec. 8099. 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. 8100. Funds appropriated in Titles I through VIII of 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: Provided, That 
funds included in Title IX of 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).
    Sec. 8101. 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. 8102. None of the funds in this Act may be used to initiate a 
new start program without 30 days prior written notification to the 
Office of Secretary of Defense and the congressional defense 
committees.
    Sec. 8103. (a) The total amount appropriated or otherwise made 
available in this Act is hereby reduced by $808,100,000 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'', $317,300,000.
    (b) The Secretary of Defense shall allocate this reduction 
proportionally to each budget activity, activity group, subactivity 
group, and each program, project, and activity within each applicable 
appropriation account.
    Sec. 8104. 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 
(NLOS) Future Force cannon and resupply vehicle program in order to 
field this system in the 2008 timeframe. As an interim capability to 
enhance Army lethality, survivability, and mobility for light and 
medium forces before complete fielding of the Future Force, the Army 
shall ensure that budgetary and programmatic plans will provide for no 
fewer than six Stryker Brigade Combat Teams to be fielded between 2003 
and 2008.
    Sec. 8105. 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. 8106. 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. 8107. 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. 8108. 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. 8109. 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. 8110. 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. 8111. 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. 8112. Notwithstanding any other provision of law, section 
2533a(f) of title 10, United States Code, shall 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. 8113. 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. 8114. 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. 8115. (a) Notwithstanding any other provision of law, none of 
the funds appropriated or otherwise made available in this or any other 
Act may be obligated for the Terrorism Information Awareness Program: 
Provided, That this limitation shall not apply to the program hereby 
authorized for Processing, analysis, and collaboration tools for 
counterterrorism foreign intelligence, as described in the Classified 
Annex accompanying the Department of Defense Appropriations Act, 2005, 
for which funds are expressly provided in the National Foreign 
Intelligence Program for counterterrorism foreign intelligence 
purposes.
    (b) None of the funds provided for Processing, analysis, and 
collaboration tools for counterterrorism foreign intelligence shall be 
available for deployment or implementation except for:
            (1) lawful military operations of the United States 
        conducted outside the United States; or
            (2) lawful foreign intelligence activities conducted wholly 
        overseas, or wholly against non-United States citizens.
    (c) In this section, the term ``Terrorism Information Awareness 
Program'' means the program known either as Terrorism Information 
Awareness or Total Information Awareness, or any successor program, 
funded by the Defense Advanced Research Projects Agency, or any other 
Department or element of the Federal Government, including the 
individual components of such Program developed by the Defense Advanced 
Research Projects Agency.
    Sec. 8116. (a) The total amount appropriated or otherwise made 
available in title II of this Act is hereby reduced by $97,331,000 to 
limit excessive growth in the travel and transportation of persons.
    (b) The Secretary of Defense shall allocate this reduction 
proportionally to each budget activity, activity group, subactivity 
group, and each program, project, and activity within each applicable 
appropriation account.
    Sec. 8117. (a) Notwithstanding any other provision of this Act, 
amounts otherwise provided by this Act in title I for the following 
accounts and activities are reduced by the following amounts:
            ``Military Personnel, Army'', $2,386,000,000;
            ``Military Personnel, Navy'', $2,386,000,000;
            ``Military Personnel, Air Force'', $2,386,000,000;
in all: $7,158,000,000.
    (b) In addition to amounts appropriated elsewhere in this Act there 
are hereby appropriated the following amounts for the following 
accounts:
            ``Military Personnel, Army'', $2,386,000,000;
            ``Military Personnel, Navy'', $2,386,000,000;
            ``Military Personnel, Air Force'', $2,386,000,000;
in all: $7,158,000,000: Provided, That the entire amount is designated 
by the Congress as an emergency requirement pursuant to section 502 of 
H. Con. Res. 95, the concurrent resolution on the budget for fiscal 
year 2004: Provided further, That the entire amount shall be available 
only to the extent that an official budget request for $7,158,000,000, 
that includes designation of the entire amount of the request as an 
emergency requirement as defined in H. Con. Res. 95, the concurrent 
resolution on the budget for fiscal year 2004, is transmitted by the 
President to the Congress.
    Sec. 8118. Up to $3,000,000 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. 8119. 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. 8120. From funds provided under the heading ``Operation and 
Maintenance, Navy'', the Secretary of the Navy may make a grant in the 
amount of $3,000,000 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. 8121. 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. 8122. Of the amount appropriated or otherwise made available 
by title IV of the Act under the heading ``Research, Development, Test 
and Evaluation, Navy'', up to $4,000,000 may be available for Aviation 
Data Management and Control System, Block II.
    Sec. 8123. Of the amount appropriated by title IV under the heading 
``Other Procurement, Air Force'', up to $2,000,000 may be used for 
aircrew bladder relief device (ABRD) kits.
    Sec. 8124. (a) Of the amounts appropriated by title III under the 
heading ``Shipbuilding and Conversion, Navy''--
            (1) the amount provided under that heading specifically for 
        the Carrier Replacement Program (AP) is hereby increased by 
        $140,900,000;
            (2) the amount provided under that heading specifically for 
        CVN Refuelings (AP) is hereby increased by $110,000,000; and
            (3) the total amount provided under that heading is hereby 
        increased by $250,900,000.
    (b) The amount of the reduction provided in section 8062(a) is 
hereby increased by $250,900,000.
    Sec. 8125. Of the amount appropriated or otherwise made available 
by title IV of this Act under the heading ``Research, Development, Test 
and Evaluation, Air Force'', up to $6,000,000 may be available for the 
Science, Mathematics, And Research for Transformation (SMART) Pilot 
Scholarship Program.
    Sec. 8126. Of the amount appropriated or otherwise made available 
by title II of this Act under the heading ``Operation and Maintenance, 
Defense-Wide'', up to $5,000,000 may be available for Department of 
Defense Education Activity for the upgrading of security at Department 
of Defense schools.
    Sec. 8127. Of the amount appropriated or otherwise made available 
by title IV of this Act under the heading ``Research, Development, Test 
and Evaluation, Army'', up to $3,000,000 may be available for Medical 
Advanced Technology for the Intravenous Membrane Oxygenator.
    Sec. 8128. It is the sense of the Senate that--
            (1) the Global Hawk Maritime Demonstration Program should 
        be expanded to include the participation of forward deployed 
        forces of the Navy and the Marine Corps in the area of 
        responsibility of the Commander of the United States Central 
        Command; and
            (2) the Secretary of the Navy should compile the lessons 
        learned in the conduct of the demonstration program 
        specifically in that area of responsibility and incorporate 
        those lessons into the ongoing activities of the demonstration 
        program for the development of concepts of operations.
    Sec. 8129. Of the amount appropriated or otherwise made available 
by title IV of this Act under the heading ``Research, Development, Test 
and Evaluation, Navy'', up to $3,000,000 may be available to establish 
the Consortium of Visualization Excellence for Underseas Warfare 
Modeling and Simulation (COVE).
    Sec. 8130. Of the amount appropriated by title IV under the heading 
``Operation and Maintenance, Army'', up to $21,900,000 may be used for 
M1A1 Tank Transmission Maintenance.
    Sec. 8131. Of the amount appropriated or otherwise made available 
by title IV of this Act under the heading ``Research, Development, Test 
and Evaluation, Navy'', up to $2,000,000 may be available to conduct a 
demonstration of a prototype of the Improved Shipboard Combat 
Information Center.
    Sec. 8132. (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. 8133. 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''.
    Sec. 8134. (a) Availability of Amount for Research, Development, 
Test and Evaluation, Air Force, for Radar Development.--Of The amount 
appropriated or otherwise made available by title IV of this Act under 
the heading ``Research, Development, Test, and Evaluation, Air Force'', 
$7,000,000 may be available for AN/APG-68(V)10 radar development for F-
16 aircraft.
    (b) Construction of Amount.--The amount available under subsection 
(a) for the purpose specified in that subsection is in addition to any 
other amounts available in this Act for that purpose.
    Sec. 8135. Of the amount appropriated in title IV under the heading 
``Operational Test and Evaluation, Defense'' up to $5,000,000 may be 
made available for the Joint Test and Training Rapid Advanced 
Capabilities (JTTRAC) Program.
    Sec. 8136. (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 section 110(a)(6) of Public Law 108-199 
but for the amendment made to 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.
    Sec. 8137. 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. 8138. Of the amount appropriated or otherwise made available 
by title IV of the Act under the heading ``Research, Development, Test 
and Evaluation, Army'', up to $5,000,000 may be available for the Broad 
Area Unmanned Responsive Resupply Operations aircraft program.
    Sec. 8139. Of the amount appropriated by title IV under the heading 
``Research, Development, Test and Evaluation, Navy'', up to $2,000,000 
may be used for Handheld Breath Diagnostics.
    Sec. 8140. Of the amount appropriated by title IV under the heading 
``Research, Development, Test and Evaluation, Navy'', up to $1,800,000 
may be used for the Joint Logistics Information System program for the 
automated scheduling tool.
    Sec. 8141. Of the amount appropriated in title IV under the heading 
``Research, Development, Test and Evaluation, Navy'', up to $4,000,000 
may be used for the Anti-Sniper Infrared Targeting System.
    Sec. 8142. Of the amount appropriated or otherwise made available 
by title IV of this Act under the heading ``Research, Development, Test 
and Evaluation, Army'' and available for End Item Industrial 
Preparedness Activities, up to $3,500,000 may be available for Laser 
Peening for Army helicopters.
    Sec. 8143. Of the amount appropriated or otherwise made available 
by title IV of this Act under the heading ``Research, Development, Test 
and Evaluation, Air Force'', up to $2,000,000 may be available for 
Composites for Unmanned Air Vehicles.
    Sec. 8144. Of the amount appropriated or otherwise made available 
by title IV of this Act under the heading ``Research, Development, Test 
and Evaluation, Defense-Wide'', up to $4,500,000 may be available for 
development of the Suicide Bomber Detection System Using a Portable 
Electronic Scanning Millimeter-Wave Imaging RADAR.
    Sec. 8145. Of the funds available in ``Research, Development, Test 
and Evaluation, Navy'', up to $3,000,000 may be made available for the 
`Mobile On-Scene Sensor Aircraft Intelligence Command, Control and 
Computer Center'.
    Sec. 8146. Of the funds available in ``Research, Development, Test 
and Evaluation, Army'', up to $2,000,000 may be made available for 
`Care of Battlefield Wounds'.
    Sec. 8147. Of the amount appropriated or otherwise made available 
by title IV of this Act under the heading ``Research, Development, Test 
and Evaluation, Army'', up to $3,000,000 may be available to establish 
redundant systems to ensure continuity of operations and disaster 
recovery at the United States Army Intelligence and Security Command's 
Intelligence Dominance Center.
    Sec. 8148. Of the amounts appropriated by title IV under the 
heading ``Research, Development, Test and Evaluation, Army'' and 
available for electronic warfare technology, up to $2,000,000 may be 
made available for the Subterranean Target Identification Program.
    Sec. 8149. Of the amounts appropriated by title IV under the 
heading ``Research, Development, Test and Evaluation, Army'' and 
available for Defense Research Sciences, up to $2,000,000 may be made 
available for the Program for Intelligence Validation.
    Sec. 8150. It is the sense of the Senate that--
            (1) funds appropriated by title IV under the heading 
        ``Research, Development, Test and Evaluation, Defense-Wide'' 
        for chemical and biological defense programs should be made 
        available for the continued development of an end-to-end point 
        of care clinical diagnostic network to combat terrorism; and
            (2) such funds should be distributed to partnerships that 
        combine universities and non-profit organizations with 
        industrial partners to ensure the rapid implementation of such 
        clinical diagnostic network for clinical use.
    Sec. 8151. Of the amounts appropriated by title IV under the 
heading ``Research, Development, Test and Evaluation, Air Force'' and 
available for aerospace propulsion and technology, up to $3,000,000 may 
be made available for the Versatile, Advanced Affordable Turbine 
Engine.
    Sec. 8152. Of the amount appropriated or otherwise made available 
by title IV of this Act under the heading ``Research, Development, 
Test, and Evaluation, Air Force'', up to $5,000,000 may be available 
for X-43C development.
    Sec. 8153. Of the amount appropriated or otherwise made available 
by title IV of this Act under the heading ``Research, Development, 
Test, and Evaluation, Defense-Wide'', up to $5,000,000 may be available 
for medical equipment and combat casualty care technologies.
    Sec. 8154. Of the funds appropriated, up to $2,000,000 may be 
available for the Advanced Composite Radome Project.
    Sec. 8155. 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. 8156. Of the amount appropriated by title III under the 
heading ``Aircraft Procurement, Air Force'', up to $7,000,000 may be 
available for F-16 Theater Airborne Reconnaissance System upgrades.
    Sec. 8157. 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. 8158. (a)(1) Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
Congress a report on mental health services available to members of the 
Armed Forces and their dependents.
    (2) The report required under paragraph (1) shall include the 
following:
            (A) A comprehensive review of mental health services that 
        are available--
                    (i) to members of the Armed Forces who are deployed 
                in combat theaters;
                    (ii) to members of the Armed Forces at any 
                facilities in the United States; and
                    (iii) to dependents of members of the Armed Forces 
                during and after deployment of members overseas.
            (B) Data on the average number of service days since 
        September 11, 2001, on which members of the Armed Forces were 
        absent or excused from duty for mental health reasons.
            (C) A description of the current procedures for reducing 
        the negative perceptions among members of the Armed Services 
        that are often associated with mental health counseling.
            (D) A description of--
                    (i) the mental health services available to members 
                of the Armed Forces, including members of the reserve 
                components, and their dependents; and
                    (ii) the barriers to access to such services.
            (E) An analysis of the extent to which the Secretary of the 
        Army has implemented the recommendations on mental health 
        services that were made by the Mental Health Advisory Team of 
        the Army on March 25, 2004.
            (F) A plan for actions that the Secretary determines 
        appropriate for improving the delivery of appropriate mental 
        health services to members of the Armed Forces and their 
        dependents.
    (b) Not later than 360 days after the date of the enactment of this 
Act, the Secretary of Defense shall submit to Congress a report that 
describes--
            (1) the actions taken to implement the plan submitted under 
        subsection (a)(2)(F); and
            (2) the reasons why actions in the plan have not been 
        completed, if any.
    Sec. 8159. Of the amount appropriated or otherwise made available 
by title IV of this Act under the heading ``Research, Development, Test 
and Evaluation, Navy'', up to $5,000,000 may be available for support 
of the TIGER pathogen detection system.
    Sec. 8160. (a) Rescission.--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.
    Sec. 8161. Of the amount appropriated by title IV under the heading 
``Research, Development, Test and Evaluation, Army'', up to $2,500,000 
may be used for small business development and transition.

                                TITLE IX

                   CONTINGENT EMERGENCY RESERVE FUND

                           Iraq Freedom Fund

                     (including transfer of funds)

    For ``Iraq Freedom Fund'', $25,000,000,000, available upon 
enactment, and to remain available for transfer until September 30, 
2006, only to support operations in Iraq or Afghanistan: Provided, That 
the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 502 of H. Con. Res. 95, the concurrent 
resolution on the budget for fiscal year 2004: Provided further, That 
the funds made available under this heading shall be available only to 
the extent that an official budget request for all or part of the funds 
is transmitted by the President to the Congress and includes 
designation of the amount of that request as an emergency and essential 
to support activities and agencies in Iraq or Afghanistan: Provided 
further, That amounts provided under this heading shall be available 
for transfer for the following activities:
            Not less than $14,000,000,000 for ``Operation and 
        Maintenance, Army'';
            Not less than $500,000,000 for ``Operation and Maintenance, 
        Navy'';
            Not less than $2,200,000,000 for ``Operation and 
        Maintenance, Marine Corps'';
            Not less than $200,000,000 for ``Operation and Maintenance, 
        Air Force'';
            Not less than $695,400,000 for ``Operation and Maintenance, 
        Defense-Wide'';
            Not less than $1,750,000,000 for procurement accounts for 
        the purposes of improving Army force protection, accelerating 
        Army modularity, and procuring essential Army equipment and 
        munitions;
            Not less than $554,000,000 for procurement accounts for the 
        purposes of improving Marine Corps force protection, and 
        procuring essential Navy and Marine Corps equipment and 
        munitions;
            Not less than $746,000,000 for ``Defense Health Program'', 
        to include contracts entered into under the TRICARE program, 
        notwithstanding restrictions contained elsewhere in this Act;
            $1,250,000,000 only for classified programs described in 
        further detail in the classified annex accompanying this Act;
            Not less than $100,000,000 for ``Operation and Maintenance, 
        Army'' for the purposes of securing and destroying conventional 
        munitions in Iraq;
            Not less than $504,600,000 for military personnel accounts;
            Up to $740,000,000 for ``Defense Working Capital Funds'' 
        for increased fuel costs;
            Up to $100,000,000 for ``National Guard and Reserve 
        Equipment'';
            Up to $100,000,000 for the Department of Homeland Security, 
        ``United States Coast Guard, Operating Expenses'':
Provided further, That in addition to the transfers authorized in the 
preceding proviso, the Secretary of Defense may transfer the funds 
provided herein to appropriations for military personnel; operation and 
maintenance; ``Overseas Humanitarian, Disaster Assistance, and Civic 
Aid''; procurement; research, development, test and evaluation; 
``Defense Working Capital Funds''; and ``Defense Health Program'': 
Provided further, That the funds transferred under this heading 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 the transfer authority provided in this paragraph 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 of Defense 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.

                      General Provisions, Title IX

    Sec. 9001. 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. 9002. Notwithstanding any other provision of law, from funds 
made available in this Act to the Department of Defense under the 
heading ``Operation and Maintenance, Defense-Wide'', not to exceed 
$250,000,000 may be used by the Secretary of Defense, with the 
concurrence of the Secretary of State, to provide 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 not less than 15 days 
before providing assistance under the authority of this section.
    Sec. 9003. During the current fiscal year, from funds made 
available in this Act to the Department of Defense for operation and 
maintenance, not to exceed $300,000,000 may be used, notwithstanding 
any other provision of law, to fund the Commander's Emergency Response 
Program, established by the Administrator of the Coalition Provisional 
Authority 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. 9004. 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 of 
thereof ``$550,000,000''.
    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 30 days prior written notification to the congressional 
defense committees.
    Sec. 9006. 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: Provided further, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 502 of H. Con. 
Res. 95, the concurrent resolution on the budget for fiscal year 2004: 
Provided further, That the entire amount shall be available only to the 
extent that an official budget request for $50,000,000, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in H. Con. Res. 95, the concurrent resolution on 
the budget for fiscal year 2004, is transmitted by the President to the 
Congress.

                                TITLE X

                     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: Provided further, That such amount is designated as an 
emergency requirement pursuant to section 502 of H. Con. Res. 95 (108th 
Congress): Provided further, That such amount shall be available only 
to the extent that an official budget request for a specific dollar 
amount, that includes designation of the entire amount of the request 
as an emergency requirement as defined in H. Con. Res. 95 (108th 
Congress), is transmitted by the President to Congress: Provided 
further, That funds shall be made available under this heading 
immediately upon enactment of this Act.

                          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: Provided 
further, That such amount is designated as an emergency requirement 
pursuant to section 502 of H. Con. Res. 95 (108th Congress): Provided 
further, That such amount shall be available only to the extent that an 
official budget request for a specific dollar amount, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in H. Con. Res. 95 (108th Congress), is 
transmitted by the President to Congress: Provided further, That funds 
shall be made available under this heading immediately upon enactment 
of this Act.
    This Act may be cited as the ``Department of Defense Appropriations 
Act, 2005''.

            Passed the House of Representatives June 22, 2004.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

            Passed the Senate June 24, 2004.

            Attest:

                                             EMILY J. REYNOLDS,

                                                             Secretary.
108th CONGRESS

  2d Session

                               H. R. 4613

_______________________________________________________________________

                               AMENDMENT

_______________________________________________________________________

                             June 21, 2004

         Ordered to be printed with the amendment of the Senate