[Congressional Record (Bound Edition), Volume 150 (2004), Part 10]
[House]
[Pages 13311-13332]
[From the U.S. Government Publishing Office, www.gpo.gov]




             DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2005

  The Committee resumed its sitting.


             Amendment Offered by Ms. Jackson-Lee of Texas

  Ms. JACKSON-LEE of Texas. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Ms. Jackson-Lee of Texas:
        Page 33, line 19, after the dollar amount insert the 
     following: ``(reduced by $10,000,000)''.
        Page 35, lines 20 and 21, after the dollar amounts insert 
     the following: ``(increased by $10,000,000)''.

  Ms. JACKSON-LEE of Texas (during the reading). Mr. Chairman, I ask 
unanimous consent that the amendment be considered as read and printed 
in the Record.
  The CHAIRMAN. Is there objection to the request of the gentlewoman 
from Texas?
  There was no objection.
  Ms. JACKSON-LEE of Texas. Mr. Chairman, to the chairman of the 
subcommittee, first of all, let me add my appreciation as well for the 
years of service that we can count on Members with his kind of 
commitment to do their very best, and we thank him very much. As usual 
as well, let me add my appreciation to the gentleman from Pennsylvania 
(Mr. Murtha), who has not only been both committed and dedicated with 
his expertise but has been forthright in some of the very difficult 
times that we have faced over the last 2 years.
  9/11 changed America. It changed the way we wage wars. It changed the 
way we dealt with conflicts. And as we have seen over the last 2 years, 
it seemed the number of service personnel that we have utilized in 
conflicts in Afghanistan and Iraq in particular. Over the last year, we 
have seen a number of statistics that frighten and concern us. One, the 
question and debate about whether or not we need more personnel both in 
Afghanistan and Iraq, continuing debate about whether we should have a 
draft or continue in the volunteer army as we have, the continuing 
debate about Reservists and National Guard.
  But one thing glares very loudly, and that is the high degree of 
suicides in the war of Iraq, the terrible tragedies that have occurred 
in some of our Reservists or returning soldiers who have come home.
  Mr. MURTHA. Mr. Chairman, will the gentlewoman yield?
  Ms. JACKSON-LEE of Texas. I yield to the gentleman from Pennsylvania.
  Mr. MURTHA. Mr. Chairman, we know she has been at the forefront of 
this issue. We know that so many service people have been affected by 
the fact they have been overseas, and then they come home, and in the 
bill last year we said when they come home, each person has to be 
counseled. We found that they have not been counseled. The gentlewoman 
from Connecticut (Ms. DeLauro) has some language, which the chairman 
accepted, in mental health and the same type of thing. What the 
gentlewoman is trying to do we agree with completely. If the 
gentlewoman will withdraw her amendment, we will do everything we can 
to make sure this gets done.
  Ms. JACKSON-LEE of Texas. Mr. Chairman, reclaiming my time, let me 
thank him very much.
  As I was saying, the number of suicides and the number of family 
incidences that have occurred by our Reservists and others indicate, 
Mr. Chairman, that this need for mental health services is very 
important. I would only say that representing a veterans hospital, I 
can assure him that the need for increased dollars there be to treat 
veterans is important. I would look forward then to working with him on 
the mental health resources. I appreciate the language that has been 
put on by the gentlewoman from Connecticut (Ms. DeLauro).
  As a Chair of the Children's Caucus, let me say that we have dealt 
with mental health issues. What greater population is impacted than 
families? Women and children were impacted by this when returning. 
Soldiers come home, and might I say women, men, and children because, 
as we know, men and women come home from the conflict.
  I would like to be able to withdraw this amendment with the 
understanding, of course, and working with the chairman on this idea 
that mental health is part of defense, mental health for our personnel 
is part of defense, and I hope that we will be able to work on adding 
new resources for that.
  Mr. Chairman, I ask unanimous consent to withdraw the amendment.
  The CHAIRMAN. Is there objection to the request of the gentlewoman 
from Texas?
  There was no objection.


             Amendment Offered by Ms. Jackson-Lee of Texas

  Ms. JACKSON-LEE of Texas. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:


[[Page 13312]]

       Amendment offered by Ms. Jackson-Lee of Texas:
       Page 33, line 19, insert after the dollar amount the 
     following: ``(reduced by $10,000,000)''.
       Page 129, line 7, insert after the dollar amount the 
     following: ``(increased by $10,000,000)''.

  Ms. JACKSON-LEE of Texas. Mr. Chairman, this issue speaks 
particularly to comments made earlier on the floor today, and I again 
add my appreciation to the chairman of the Defense Subcommittee of the 
Committee on Appropriations and as well the ranking member, and I add 
my appreciation to the Foreign Operations, Export Financing and Related 
Programs Subcommittee. All of them worked very hard on this issue, and 
that is of course the terrible tragedy that is going on in Darfur in 
Sudan. We do know that right now there are negotiations and a final 
peace treaty dealing with the western part of Sudan. There are 
negotiations and settlement going on in Kenya. But we also recognize 
those of us who are concerned on human rights and the needs of children 
around the world of the terrible tragedy and displacement of the black 
Muslims in the Sudan.
  Four hundred thousand moving to Chad; some 30,000 a day dying. We 
appreciate the $95 million that has been placed in this defense bill, 
but let me add why I would like to add the extra $10 million.
  We know that the Sudan is also where al Qaeda is both lodged and 
festering. We also know that Sudan is a country that has faced 
terrorism and has the elements of terrorists engaged or placed in their 
country. While we try to establish humanitarian needs, I think it is 
important that when we place humanitarian needs and resources there, we 
help fight the terrorists. I want to make sure that we have the 
necessary funds to the very penny to allow for the equipment to come in 
that is necessary for potable water, for the villages that have been 
pillaged and burned to be rebuilt, for the security forces to be there.
  This is a crisis, and it is interesting to note that while we are 
settling one aspect, we are in the crises in the eastern part of Sudan. 
That is what these resources are for, and I would hope that my 
colleagues will look favorably on an additional increase of dollars 
that would take from the resources on the missile defense, which is 
extremely hard and large, to help quell terrorism by going into the 
homesite of al Qaeda and working with those who are trying to survive 
and trying to restore their lives.
  Mr. MURTHA. Mr. Chairman, will the gentlewoman yield?
  Ms. JACKSON-LEE of Texas. I yield to the gentleman from Pennsylvania.
  Mr. MURTHA. Mr. Chairman, we certainly appreciate what she is saying. 
We will take a look at it in conference, and I hope that the 
gentlewoman would withdraw this amendment, but we will certainly take a 
look at it.
  I see exactly what she is talking about and we have that problem. 
Sometimes we put humanitarian aid, and we do not have the resources to 
get it to the people who really need it, and al Qaeda and the 
terrorists actually use the money to their benefit. So I appreciate 
what she is saying, and we will certainly take a look at this in 
conference.
  Ms. JACKSON-LEE of Texas. Mr. Chairman, I thank the gentleman for his 
response.
  Reclaiming my time, as the chairman well knows, Sudan has been a 
hosting place for terrorists, but we are trying to help solve that 
problem in Darfur, and I want to make sure that we have all the 
resources we need.
  Mr. LEWIS of California. Mr. Chairman, will the gentlewoman yield?
  Ms. JACKSON-LEE of Texas. I yield to the gentleman from California.
  Mr. LEWIS of California. Mr. Chairman, we had quite a discussion in 
the full committee regarding this matter. The problem in Sudan is very 
real, and we are going to do everything we can to work with the 
gentlewoman. I appreciate not just her expressing her concern but 
helping us with this very serious difficulty.
  Ms. JACKSON-LEE of Texas. Mr. Chairman, I thank both the chairman and 
the ranking member for their comments.
  I also want to make mention my greatest appreciation for the Foreign 
Operations, Export Financing and Related Programs Subcommittee and note 
that the Members that were already mentioned on the floor of the House 
have worked on this issue. I add my appreciation with that and being 
able to work with the conference committee, recognizing that all is not 
well in Sudan, all is not well with the government, and nothing is 
perfect, but that if we can be one small measure of fighting against 
terrorism but helping innocent people, we should do so. With that, and 
working with the conference committee and the ranking member and the 
chairman, I will withdraw this amendment.
  Mr. Chairman, I rise today to introduce an amendment calling for an 
extra $10,000,000 in funds to be provided to the ``International 
Disaster and Famine Assistance'' Account. I request this increase for 
one simple reason, I feel we need more funds set aside for potential 
international catastrophes or famines. Although the current allocation 
of $70,000,000 is noble, I feel more can and should be done.
  We as a nation are blessed with many gifts and attributes. We live in 
a safe and stable environment where freedom is cherished. We as 
Americans are immensely fortunate to live where we do. But we must not 
take for granted all the wonderful things provided for us. We must not 
forget that there are others in this world that are not as fortunate as 
we are. There are others in this world that do not live in a society of 
peace and security. We must be cognizant of those who are less 
fortunate.
  I feel that we, as the most advanced nation in the world, have some 
sort of obligation to help those around us who have fallen on hard 
times. At certain times a nation or a region faces such disastrous 
circumstances that it is unable to provide its citizens the means to 
survive. In times such as this we have an absolute obligation to lend a 
helping hand and alleviate the pain and suffering of these peoples. And 
this is the very obligation that the ``International Disaster and 
Famine Relief'' account was set up to fulfill. And I repeat, I do 
praise this account.
  Unfortunately, I feel the current allocation of funding might not be 
sufficient to accomplish our goal. I fear that if the current crises in 
Chad and Sudan do not improve, or worsen, the current level of funding 
might not be able to handle another large scale crisis development. We 
must increase funding for this account so that we are able to support 
the crises in Sudan, Chad, and other unforeseen events.
  My amendment would pay for this increase by decreasing funds from the 
Research, Development, Test and Evaluation Defense-Wide account by the 
equal amount, offsetting all expenses. Opponents of my amendment will 
argue that I am tapping into our Military's vital Research and 
Development funds and weakening our future national defense and 
security. They will argue that we must make every effort to ensure that 
our military has the newest, most effective technology in the world. 
And I agree with them in principle.
  We as a nation must ensure our survival, through diplomacy, through 
economic force, and if necessary through military might. But we must 
also prioritize our spending. My amendment will take $10,000,000 out of 
the account that funds research as the Star Wars program. It is in my 
opinion that our money is much better spent alleviating international 
disaster and famines than research a program such as Star Wars that 
shows almost no chance of success. We have a choice; help alleviate 
famine in the world or fund nonsensical research programs that will 
amount to no more than a waste of money. My amendment would help to 
ensure that we have plenty of resources to help alleviate international 
disaster and famines. Please support the Jackson-Lee amendment.
  Mr. Chairman, I ask unanimous consent to withdraw the amendment.
  The CHAIRMAN. Is there objection to the request of the gentlewoman 
from Texas?
  There was no objection.
  The CHAIRMAN. The Clerk will read.
  The Clerk read as follows:

                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, $309,135,000, to remain available for obligation 
     until September 30, 2006.

[[Page 13313]]



                                TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

       For the Defense Working Capital Funds, $1,174,210,000.

                     National Defense Sealift Fund

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

            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, $1,371,990,000, 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.

         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, $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.

                    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, $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.

                               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, $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.

                 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

[[Page 13314]]

     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.

                          (transfer of funds)

       Sec. 8006. During the current fiscal year, cash balances in 
     working capital funds of the Department of Defense 
     established pursuant to section 2208 of title 10, United 
     States Code, may be maintained in only such amounts as are 
     necessary at any time for cash disbursements to be made from 
     such funds: Provided, That transfers may be made between such 
     funds: Provided further, That transfers may be made between 
     working capital funds and the ``Foreign Currency 
     Fluctuations, Defense'' appropriation and the ``Operation and 
     Maintenance'' appropriation accounts in such amounts as may 
     be determined by the Secretary of Defense, with the approval 
     of the Office of Management and Budget, except that such 
     transfers may not be made unless the Secretary of Defense has 
     notified the Congress of the proposed transfer. Except in 
     amounts equal to the amounts appropriated to working capital 
     funds in this Act, no obligations may be made against a 
     working capital fund to procure or increase the value of war 
     reserve material inventory, unless the Secretary of Defense 
     has notified the Congress prior to any such obligation.
       Sec. 8007. Funds appropriated by this Act may not be used 
     to initiate a special access program without prior 
     notification 30 calendar days in session in advance to the 
     congressional defense committees.
       Sec. 8008. None of the funds provided in this Act shall be 
     available to initiate: (1) a multiyear contract that employs 
     economic order quantity procurement in excess of $20,000,000 
     in any 1 year of the contract or that includes an unfunded 
     contingent liability in excess of $20,000,000; or (2) a 
     contract for advance procurement leading to a multiyear 
     contract that employs economic order quantity procurement in 
     excess of $20,000,000 in any 1 year, unless the congressional 
     defense committees have been notified at least 30 days in 
     advance of the proposed contract award: Provided, That no 
     part of any appropriation contained in this Act shall be 
     available to initiate a multiyear contract for which the 
     economic order quantity advance procurement is not funded at 
     least to the limits of the Government's liability: Provided 
     further, That no part of any appropriation contained in this 
     Act shall be available to initiate multiyear procurement 
     contracts for any systems or component thereof if the value 
     of the multiyear contract would exceed $500,000,000 unless 
     specifically provided in this Act: Provided further, That no 
     multiyear procurement contract can be terminated without 10-
     day prior notification to the congressional defense 
     committees: Provided further, That the execution of multiyear 
     authority shall require the use of a present value analysis 
     to determine lowest cost compared to an annual procurement: 
     Provided further, That none of the funds provided in this Act 
     may be used for a multiyear contract executed after the date 
     of the enactment of this Act unless in the case of any such 
     contract--
       (1) the Secretary of Defense has submitted to Congress a 
     budget request for full funding of units to be procured 
     through the contract;
       (2) cancellation provisions in the contract do not include 
     consideration of recurring manufacturing costs of the 
     contractor associated with the production of unfunded units 
     to be delivered under the contract;
       (3) the contract provides that payments to the contractor 
     under the contract shall not be made in advance of incurred 
     costs on funded units; and
       (4) the contract does not provide for a price adjustment 
     based on a failure to award a follow-on contract.
       Funds appropriated in title III of this Act may be used for 
     a multiyear procurement contract as follows:
       Lightweight 155mm Howitzer.
       Sec. 8009. Within the funds appropriated for the operation 
     and maintenance of the Armed Forces, funds are hereby 
     appropriated pursuant to section 401 of title 10, United 
     States Code, for humanitarian and civic assistance costs 
     under chapter 20 of title 10, United States Code. Such funds 
     may also be obligated for humanitarian and civic assistance 
     costs incidental to authorized operations and pursuant to 
     authority granted in section 401 of chapter 20 of title 10, 
     United States Code, and these obligations shall be reported 
     as required by section 401(d) of title 10, United States 
     Code: Provided, That funds available for operation and 
     maintenance shall be available for providing humanitarian and 
     similar assistance by using Civic Action Teams in the Trust 
     Territories of the Pacific Islands and freely associated 
     states of Micronesia, pursuant to the Compact of Free 
     Association as authorized by Public Law 99-239: Provided 
     further, That upon a determination by the Secretary of the 
     Army that such action is beneficial for graduate medical 
     education programs conducted at Army medical facilities 
     located in Hawaii, the Secretary of the Army may authorize 
     the provision of medical services at such facilities and 
     transportation to such facilities, on a nonreimbursable 
     basis, for civilian patients from American Samoa, the 
     Commonwealth of the Northern Mariana Islands, the Marshall 
     Islands, the Federated States of Micronesia, Palau, and Guam.
       Sec. 8010. (a) During fiscal year 2005, the civilian 
     personnel of the Department of Defense may not be managed on 
     the basis of any end-strength, and the management of such 
     personnel during that fiscal year shall not be subject to any 
     constraint or limitation (known as an end-strength) on the 
     number of such personnel who may be employed on the last day 
     of such fiscal year.
       (b) The fiscal year 2006 budget request for the Department 
     of Defense as well as all justification material and other 
     documentation supporting the fiscal year 2006 Department of 
     Defense budget request shall be prepared and submitted to the 
     Congress as if subsections (a) and (b) of this provision were 
     effective with regard to fiscal year 2006.
       (c) Nothing in this section shall be construed to apply to 
     military (civilian) technicians.
       Sec. 8011. None of the funds appropriated in this or any 
     other Act may be used to initiate a new installation overseas 
     without 30-day advance notification to the Committees on 
     Appropriations.
       Sec. 8012. None of the funds made available by this Act 
     shall be used in any way, directly or indirectly, to 
     influence congressional action on any legislation or 
     appropriation matters pending before the Congress.
       Sec. 8013. None of the funds appropriated by this Act shall 
     be available for the basic pay and allowances of any member 
     of the Army participating as a full-time student and 
     receiving benefits paid by the Secretary of Veterans Affairs 
     from the Department of Defense Education Benefits Fund when 
     time spent as a full-time student is credited toward 
     completion of a service commitment: Provided, That this 
     subsection shall not apply to those members who have 
     reenlisted with this option prior to October 1, 1987: 
     Provided further, That this subsection applies only to active 
     components of the Army.
       Sec. 8014. (a) Limitation on Conversion to Contractor 
     Performance.--None of the funds appropriated by this Act 
     shall be available to convert to contractor performance an 
     activity or function of the Department of Defense that, on or 
     after the date of the enactment of this Act, is performed by 
     more than 10 Department of Defense civilian employees 
     unless--
       (1) the conversion is based on the result of a public-
     private competition that includes a most efficient and cost 
     effective organization plan developed by such activity or 
     function;
       (2) the Competitive Sourcing Official determines that, over 
     all performance periods stated in the solicitation of offers 
     for performance of the activity or function, the cost of 
     performance of the activity or function by a contractor would 
     be less costly to the Department of Defense by an amount that 
     equals or exceeds the lesser of--
       (A) 10 percent of the most efficient organization's 
     personnel-related costs for performance of that activity or 
     function by Federal employees; or
       (B) $10,000,000; and
       (3) the contractor does not receive an advantage for a 
     proposal that would reduce costs for the Department of 
     Defense by--
       (A) not making an employer-sponsored health insurance plan 
     available to the workers who are to be employed in the 
     performance of that activity or function under the contract; 
     or
       (B) offering to such workers an employer-sponsored health 
     benefits plan that requires the employer to contribute less 
     towards the premium or subscription share than the amount 
     that is paid by the Department of Defense for health benefits 
     for civilian employees under chapter 89 of title 5, United 
     States Code.
       (b) Exceptions.--
       (1) This section and subsections (a), (b), and (c) of 
     section 2461 of title 10, United

[[Page 13315]]

     States Code, shall not apply to a commercial or industrial 
     type function of the Department of Defense that--
       (A) is included on the procurement list established 
     pursuant to section 2 of the Javits-Wagner-O'Day Act (41 
     U.S.C. 47);
       (B) is planned to be converted to performance by a 
     qualified nonprofit agency for the blind or by a qualified 
     nonprofit agency for other severely handicapped individuals 
     in accordance with that Act; or
       (C) is planned to be converted to performance by a 
     qualified firm under at least 51 percent ownership by an 
     Indian tribe, as defined in section 4(e) of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     450b(e)), or a Native Hawaiian Organization, as defined in 
     section 8(a)(15) of the Small Business Act (15 U.S.C. 
     637(a)(15)).
       (2) This section shall not apply to depot contracts or 
     contracts for depot maintenance as provided in sections 2469 
     and 2474 of title 10, United States Code.
       (c) Treatment of Conversion.--The conversion of any 
     activity or function of the Department of Defense under the 
     authority provided by this section shall be credited toward 
     any competitive or outsourcing goal, target, or measurement 
     that may be established by statute, regulation, or policy and 
     is deemed to be awarded under the authority of, and in 
     compliance with, subsection (h) of section 2304 of title 10, 
     United States Code, for the competition or outsourcing of 
     commercial activities.

                          (transfer of funds)

       Sec. 8015. Funds appropriated in title III of this Act for 
     the Department of Defense Pilot Mentor-Protege Program may be 
     transferred to any other appropriation contained in this Act 
     solely for the purpose of implementing a Mentor-Protege 
     Program developmental assistance agreement pursuant to 
     section 831 of the National Defense Authorization Act for 
     Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), 
     as amended, under the authority of this provision or any 
     other transfer authority contained in this Act.
       Sec. 8016. None of the funds in this Act may be available 
     for the purchase by the Department of Defense (and its 
     departments and agencies) of welded shipboard anchor and 
     mooring chain 4 inches in diameter and under unless the 
     anchor and mooring chain are manufactured in the United 
     States from components which are substantially manufactured 
     in the United States: Provided, That for the purpose of this 
     section manufactured will include cutting, heat treating, 
     quality control, testing of chain and welding (including the 
     forging and shot blasting process): Provided further, That 
     for the purpose of this section substantially all of the 
     components of anchor and mooring chain shall be considered to 
     be produced or manufactured in the United States if the 
     aggregate cost of the components produced or manufactured in 
     the United States exceeds the aggregate cost of the 
     components produced or manufactured outside the United 
     States: Provided further, That when adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis, the Secretary of the service 
     responsible for the procurement may waive this restriction on 
     a case-by-case basis by certifying in writing to the 
     Committees on Appropriations that such an acquisition must be 
     made in order to acquire capability for national security 
     purposes.
       Sec. 8017. None of the funds appropriated by this Act 
     available for the Civilian Health and Medical Program of the 
     Uniformed Services (CHAMPUS) or TRICARE shall be available 
     for the reimbursement of any health care provider for 
     inpatient mental health service for care received when a 
     patient is referred to a provider of inpatient mental health 
     care or residential treatment care by a medical or health 
     care professional having an economic interest in the facility 
     to which the patient is referred: Provided, That this 
     limitation does not apply in the case of inpatient mental 
     health services provided under the program for persons with 
     disabilities under subsection (d) of section 1079 of title 
     10, United States Code, provided as partial hospital care, or 
     provided pursuant to a waiver authorized by the Secretary of 
     Defense because of medical or psychological circumstances of 
     the patient that are confirmed by a health professional who 
     is not a Federal employee after a review, pursuant to rules 
     prescribed by the Secretary, which takes into account the 
     appropriate level of care for the patient, the intensity of 
     services required by the patient, and the availability of 
     that care.
       Sec. 8018. Notwithstanding any other provision of law, 
     during the current fiscal year and hereafter, the Secretary 
     of Defense may, by executive agreement, establish with host 
     nation governments in NATO member states a separate account 
     into which such residual value amounts negotiated in the 
     return of United States military installations in NATO member 
     states may be deposited, in the currency of the host nation, 
     in lieu of direct monetary transfers to the United States 
     Treasury: Provided, That such credits may be utilized only 
     for the construction of facilities to support United States 
     military forces in that host nation, or such real property 
     maintenance and base operating costs that are currently 
     executed through monetary transfers to such host nations: 
     Provided further, That the Department of Defense's budget 
     submission for subsequent fiscal years shall identify such 
     sums anticipated in residual value settlements, and identify 
     such construction, real property maintenance or base 
     operating costs that shall be funded by the host nation 
     through such credits: Provided further, That all military 
     construction projects to be executed from such accounts must 
     be previously approved in a prior Act of Congress: Provided 
     further, That each such executive agreement with a NATO 
     member host nation shall be reported to the congressional 
     defense committees, the Committee on International Relations 
     of the House of Representatives and the Committee on Foreign 
     Relations of the Senate 30 days prior to the conclusion and 
     endorsement of any such agreement established under this 
     provision.
       Sec. 8019. None of the funds available to the Department of 
     Defense may be used to demilitarize or dispose of M-1 
     Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles, 
     .30 caliber rifles, or M-1911 pistols.
       Sec. 8020. No more than $500,000 of the funds appropriated 
     or made available in this Act shall be used during a single 
     fiscal year for any single relocation of an organization, 
     unit, activity or function of the Department of Defense into 
     or within the National Capital Region: Provided, That the 
     Secretary of Defense may waive this restriction on a case-by-
     case basis by certifying in writing to the congressional 
     defense committees that such a relocation is required in the 
     best interest of the Government.
       Sec. 8021. In addition to the funds provided elsewhere in 
     this Act, $8,000,000 is appropriated only for incentive 
     payments authorized by Section 504 of the Indian Financing 
     Act of 1974 (25 U.S.C. 1544): Provided, That a prime 
     contractor or a subcontractor at any tier that makes a 
     subcontract award to any subcontractor or supplier as defined 
     in 25 U.S.C. 1544 or a small business owned and controlled by 
     an individual or individuals defined under 25 U.S.C. 4221(9) 
     shall be considered a contractor for the purposes of being 
     allowed additional compensation under section 504 of the 
     Indian Financing Act of 1974 (25 U.S.C. 1544) whenever the 
     prime contract or subcontract amount is over $500,000 and 
     involves the expenditure of funds appropriated by an Act 
     making Appropriations for the Department of Defense with 
     respect to any fiscal year: Provided further, That 
     notwithstanding 41 U.S.C. 430, this section shall be 
     applicable to any Department of Defense acquisition of 
     supplies or services, including any contract and any 
     subcontract at any tier for acquisition of commercial items 
     produced or manufactured, in whole or in part by any 
     subcontractor or supplier defined in 25 U.S.C. 1544 or a 
     small business owned and controlled by an individual or 
     individuals defined under 25 U.S.C. 4221(9): Provided 
     further, That businesses certified as 8(a) by the Small 
     Business Administration pursuant to section 8(a)(15) of 
     Public Law 85-536, as amended, shall have the same status as 
     other program participants under section 602 of Public Law 
     100-656, 102 Stat. 3825 (Business Opportunity Development 
     Reform Act of 1988) for purposes of contracting with agencies 
     of the Department of Defense.
       Sec. 8022. None of the funds appropriated by this Act shall 
     be available to perform any cost study pursuant to the 
     provisions of OMB Circular A-76 if the study being performed 
     exceeds a period of 24 months after initiation of such study 
     with respect to a single function activity or 30 months after 
     initiation of such study for a multi-function activity.
       Sec. 8023. Funds appropriated by this Act for the American 
     Forces Information Service shall not be used for any national 
     or international political or psychological activities.
       Sec. 8024. 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.
       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.
       Sec. 8026. During the current fiscal year, the Department 
     of Defense is authorized to incur obligations of not to 
     exceed $350,000,000 for purposes specified in section 
     2350j(c) of title 10, United States Code, in anticipation of 
     receipt of contributions, only from the Government of Kuwait, 
     under that section: Provided, That upon receipt, such 
     contributions from the Government of Kuwait shall be credited 
     to the appropriations or fund which incurred such 
     obligations.

                     (including transfer of funds)

       Sec. 8027. (a) Of the funds made available in this Act, not 
     less than $24,822,000 shall be available for the Civil Air 
     Patrol Corporation, of which--
       (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;
       (2) $2,300,000 shall be available from ``Aircraft 
     Procurement, Air Force''; and

[[Page 13316]]

       (3) $800,000 shall be available from ``Other Procurement, 
     Air Force'' for vehicle procurement.
       (b) The Secretary of the Air Force should waive 
     reimbursement for any funds used by the Civil Air Patrol for 
     counter-drug activities in support of Federal, State, and 
     local government agencies.
       Sec. 8028. (a) None of the funds appropriated in this Act 
     are available to establish a new Department of Defense 
     (department) federally funded research and development center 
     (FFRDC), either as a new entity, or as a separate entity 
     administrated by an organization managing another FFRDC, or 
     as a nonprofit membership corporation consisting of a 
     consortium of other FFRDCs and other non-profit entities.
       (b) No member of a Board of Directors, Trustees, Overseers, 
     Advisory Group, Special Issues Panel, Visiting Committee, or 
     any similar entity of a defense FFRDC, and no paid consultant 
     to any defense FFRDC, except when acting in a technical 
     advisory capacity, may be compensated for his or her services 
     as a member of such entity, or as a paid consultant by more 
     than one FFRDC in a fiscal year: Provided, That a member of 
     any such entity referred to previously in this subsection 
     shall be allowed travel expenses and per diem as authorized 
     under the Federal Joint Travel Regulations, when engaged in 
     the performance of membership duties.
       (c) Notwithstanding any other provision of law, none of the 
     funds available to the Department from any source during 
     fiscal year 2005 may be used by a defense FFRDC, through a 
     fee or other payment mechanism, for construction of new 
     buildings, for payment of cost sharing for projects funded by 
     Government grants, for absorption of contract overruns, or 
     for certain charitable contributions, not to include employee 
     participation in community service and/or development.
       (d) Notwithstanding any other provision of law, of the 
     funds available to the department during fiscal year 2005, 
     not more than 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).
       (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 $40,000,000.
       Sec. 8029. None of the funds appropriated or made available 
     in this Act shall be used to procure carbon, alloy or armor 
     steel plate for use in any Government-owned facility or 
     property under the control of the Department of Defense which 
     were not melted and rolled in the United States or Canada: 
     Provided, That these procurement restrictions shall apply to 
     any and all Federal Supply Class 9515, American Society of 
     Testing and Materials (ASTM) or American Iron and Steel 
     Institute (AISI) specifications of carbon, alloy or armor 
     steel plate: Provided further, That the Secretary of the 
     military department responsible for the procurement may waive 
     this restriction on a case-by-case basis by certifying in 
     writing to the Committees on Appropriations of the House of 
     Representatives and the Senate that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes: Provided further, That these restrictions 
     shall not apply to contracts which are in being as of the 
     date of the enactment of this Act.
       Sec. 8030. For the purposes of this Act, the term 
     ``congressional defense committees'' means the Armed Services 
     Committee of the House of Representatives, the Armed Services 
     Committee of the Senate, the Subcommittee on Defense of the 
     Committee on Appropriations of the Senate, and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the House of Representatives.
       Sec. 8031. During the current fiscal year, the Department 
     of Defense may acquire the modification, depot maintenance 
     and repair of aircraft, vehicles and vessels as well as the 
     production of components and other Defense-related articles, 
     through competition between Department of Defense depot 
     maintenance activities and private firms: Provided, That the 
     Senior Acquisition Executive of the military department or 
     Defense Agency concerned, with power of delegation, shall 
     certify that successful bids include comparable estimates of 
     all direct and indirect costs for both public and private 
     bids: Provided further, That Office of Management and Budget 
     Circular A-76 shall not apply to competitions conducted under 
     this section.
       Sec. 8032. (a)(1) If the Secretary of Defense, after 
     consultation with the United States Trade Representative, 
     determines that a foreign country which is party to an 
     agreement described in paragraph (2) has violated the terms 
     of the agreement by discriminating against certain types of 
     products produced in the United States that are covered by 
     the agreement, the Secretary of Defense shall rescind the 
     Secretary's blanket waiver of the Buy American Act with 
     respect to such types of products produced in that foreign 
     country.
       (2) An agreement referred to in paragraph (1) is any 
     reciprocal defense procurement memorandum of understanding, 
     between the United States and a foreign country pursuant to 
     which the Secretary of Defense has prospectively waived the 
     Buy American Act for certain products in that country.
       (b) The Secretary of Defense shall submit to the Congress a 
     report on the amount of Department of Defense purchases from 
     foreign entities in fiscal year 2005. Such report shall 
     separately indicate the dollar value of items for which the 
     Buy American Act was waived pursuant to any agreement 
     described in subsection (a)(2), the Trade Agreement Act of 
     1979 (19 U.S.C. 2501 et seq.), or any international agreement 
     to which the United States is a party.
       (c) For purposes of this section, the term ``Buy American 
     Act'' means title III of the Act entitled ``An Act making 
     appropriations for the Treasury and Post Office Departments 
     for the fiscal year ending June 30, 1934, and for other 
     purposes'', approved March 3, 1933 (41 U.S.C. 10a et seq.).
       Sec. 8033. Appropriations contained in this Act that remain 
     available at the end of the current fiscal year, and at the 
     end of each fiscal year hereafter, as a result of energy cost 
     savings realized by the Department of Defense shall remain 
     available for obligation for the next fiscal year to the 
     extent, and for the purposes, provided in section 2865 of 
     title 10, United States Code.

                     (including transfer of funds)

       Sec. 8034. Amounts deposited during the current fiscal year 
     and hereafter to the special account established under 40 
     U.S.C. 572(b)(5)(A) and to the special account established 
     under 10 U.S.C. 2667(d)(1) are appropriated and shall be 
     available until transferred by the Secretary of Defense to 
     current applicable appropriations or funds of the Department 
     of Defense under the terms and conditions specified by 40 
     U.S.C. 572(b)(5)(B) and 10 U.S.C. 2667(d)(1)(B), to be merged 
     with and to be available for the same time period and the 
     same purposes as the appropriation to which transferred.
       Sec. 8035. The President shall include with each budget for 
     a fiscal year submitted to the Congress under section 1105 of 
     title 31, United States Code, materials that shall identify 
     clearly and separately the amounts requested in the budget 
     for appropriation for that fiscal year for salaries and 
     expenses related to administrative activities of the 
     Department of Defense, the military departments, and the 
     defense agencies.
       Sec. 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.

                     (including transfer of funds)

       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.
       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.
       (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. 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.
       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

[[Page 13317]]

     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. 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.
       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.
       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.
       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.).
       (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. 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--
       (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. 8046. (a) Except as provided in subsection (b) and 
     (c), none of the funds made available by this Act may be 
     used--
       (1) to establish a field operating agency; or
       (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.
       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.

                             (rescissions)

       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:
       ``Former Soviet Union Threat Reduction, 2003/2005'', 
     $50,000,000;
       ``Aircraft Procurement, Navy, 2004/2006'', $2,900,000;
       ``Shipbuilding and Conversion, Navy, 2004/2008'', 
     $10,300,000;
       ``Other Procurement, Navy, 2004/2006'', $5,200,000;
       ``Other Procurement, Air Force, 2004/2006'', $100,000,000;
       ``Procurement, Defense-Wide, 2004/2006'' $23,400,000;
       ``Research, Development, Test and Evaluation, Army, 2004/
     2005'', $42,650,000;
       ``Research, Development, Test and Evaluation, Navy, 2004/
     2005'', $20,000,000;
       ``Research, Development, Test and Evaluation, Air Force, 
     2004/2005'', $37,000,000; and
       ``Research, Development, Test and Evaluation, Defense-Wide, 
     2004/2005'', $108,300,000.
       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.
       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.
       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.
       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.
       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.
       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

[[Page 13318]]

     indefinite delivery/indefinite quantity contracts with a 
     total contract value of $130,000,000 or higher.
       Sec. 8055. (a) None of the funds available to the 
     Department of Defense for any fiscal year for drug 
     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. 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.
       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.
       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.
       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.
       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.
       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.
       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.
       (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. 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.
       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--
       (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.

                     (including transfer of funds)

       Sec. 8065. During the current fiscal year, no more than 
     $30,000,000 of appropriations made in this Act under the 
     heading ``Operation and Maintenance, Defense-Wide'' may be 
     transferred to appropriations available for the pay of 
     military personnel, to be merged with, and to be available 
     for the same time period as the appropriations to which 
     transferred, to be used in support of such 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. 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--
       (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. 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

[[Page 13319]]

     of Defense, for supervision and administration costs for 
     facilities maintenance and repair, minor construction, or 
     design projects, or any planning studies, environmental 
     assessments, or similar activities related to installation 
     support functions, may be obligated at the time the 
     reimbursable order is accepted by the performing activity: 
     Provided, That for the purpose of this section, supervision 
     and administration costs includes all in-house Government 
     cost.
       Sec. 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.
       (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. 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.
       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.
       Sec. 8071. None of the funds made available in this Act may 
     be used to approve or license the sale of the F-22 advanced 
     tactical fighter to any foreign government.
       Sec. 8072. (a) The Secretary of Defense may, on a case-by-
     case basis, waive with respect to a foreign country each 
     limitation on the procurement of defense items from foreign 
     sources provided in law if the Secretary determines that the 
     application of the limitation with respect to that country 
     would invalidate cooperative programs entered into between 
     the Department of Defense and the foreign country, or would 
     invalidate reciprocal trade agreements for the procurement of 
     defense items entered into under section 2531 of title 10, 
     United States Code, and the 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. 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.
       (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. 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))).
       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.
       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.
       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.
       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.
       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.
       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).
       (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

[[Page 13320]]

     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. 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.
       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.
       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.
       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.
       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.

                     (including transfer of funds)

       Sec. 8086. Of the amounts appropriated in this Act under 
     the heading, ``Research, Development, Test and Evaluation, 
     Defense-Wide'', $60,000,000 shall remain available until 
     expended: Provided, That notwithstanding any other provision 
     of law, the Secretary of Defense is authorized to transfer 
     such funds to other activities of the Federal Government.
       Sec. 8087. Section 8106 of the Department of 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. 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.
       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:
       (1) From ``Operation and Maintenance, Army'', $66,700,000;
       (2) From ``Operation and Maintenance, Navy'', $77,900,000;
       (3) From ``Operation and Maintenance, Marine Corps'', 
     $6,100,000; and
       (4) From ``Operation and Maintenance, Air Force'', 
     $149,300,000.


                     (including transfer of funds)

       Sec. 8090. Of the amounts appropriated in this Act under 
     the heading ``Research, Development, Test and Evaluation, 
     Defense-Wide'', $87,290,000 shall be 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.
       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.

                     (including transfer of funds)

       Sec. 8092. Of the amounts appropriated in this Act under 
     the heading ``Shipbuilding and Conversion, Navy'', 
     $484,390,000 shall be available until September 30, 2005, to 
     fund prior year shipbuilding cost increases: Provided, That 
     upon enactment of this Act, the Secretary of Defense shall 
     transfer such funds to the following appropriations in the 
     amount specified: Provided further, That the amounts 
     transferred shall be merged with and be available for the 
     same purposes as the appropriations to which transferred:
       To:
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1996/05'':
       LPD-17 Amphibious Transport Dock Ship Program, $55,000,000.
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1999/05'':
       New SSN, $10,000,000;
       LPD-17 Amphibious Transport Dock Ship Program, $38,100,000.
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     2000/05'':
       DDG-51 Destroyer Program, $44,963,000;
       LPD-17 Amphibious Transport Dock Ship Program, 
     $171,681,000.
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     2001/05'':
       DDG-51 Destroyer Program, $83,316,000;
       New SSN, $67,330,000.
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     2002/05'':

[[Page 13321]]

       LCAC SLEP, $2,100,000.
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     2003/05'':
       LCAC SLEP, $11,900,000:
     Provided further, That Section 126 of the National Defense 
     Authorization Act for Fiscal Year 2004 (Public Law 108-136; 
     117 Stat. 1410; 10 U.S.C. 7291 note) is repealed.
       Sec. 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.
       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:
       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. 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.
       Sec. 8096. The total amount appropriated in title IV of 
     this Act is hereby reduced by $270,000,000 to reduce cost 
     growth in information technology development and 
     modernization, to be derived as follows:
       (1) From ``Research, Development, Test and Evaluation, 
     Army'', $60,000,000;
       (2) From ``Research, Development, Test and Evaluation, 
     Navy'', $29,000,000;
       (3) From ``Research, Development, Test and Evaluation, Air 
     Force'', $72,000,000; and
       (4) From ``Research, Development, Test and Evaluation, 
     Defense-Wide'', $109,000,000.
       Sec. 8097. None of the funds in this Act may be used to 
     initiate a new start program without prior notification to 
     the Office of Secretary of Defense and the congressional 
     defense committees.
       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:
       (1) From ``Operation and Maintenance, Navy'', $150,000,000.
       (2) From ``Operation and Maintenance, Air Force'', 
     $166,000,000.
       Sec. 8099. (a) In addition to the amounts provided 
     elsewhere in this Act, the amount of $6,000,000 is hereby 
     appropriated to the Department of Defense for ``Operation and 
     Maintenance, Army National Guard''. Such amount shall be made 
     available to the Secretary of the Army only to make a grant 
     in the amount of $6,000,000 to the entity specified in 
     subsection (b) to facilitate access by veterans to 
     opportunities for skilled employment in the construction 
     industry.
       (b) The entity referred to in subsection (a) is the Center 
     for Military Recruitment, Assessment and Veterans Employment, 
     a nonprofit labor-management co-operation committee provided 
     for by section 302(c)(9) of the Labor-Management Relations 
     Act, 1947 (29 U.S.C. 186(c)(9)), for the purposes set forth 
     in section 6(b) of the Labor Management Cooperation Act of 
     1978 (29 U.S.C. 175a note).
       Sec. 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.
       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.
       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.
       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.
       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.
       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.
       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.
       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.
       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.
       (2) As consideration for the transfer under paragraph (1), 
     the Inland Valley Development Agency shall execute a long-
     term ground lease with the Secretary of Agriculture, upon 
     terms acceptable to the Federal Aviation Administration, to 
     provide the United States Forest Service with a replacement 
     parcel of land of approximately 7.5 acres at the San 
     Bernardino International Airport adjacent to current 
     facilities of the Forest Service to be used for aeronautical 
     purposes in furtherance of wildfire prevention and 
     containment.
       (b) Air Force Conveyance.--(1) Subject to paragraph (2), 
     the Secretary of the Air Force shall convey to the Inland 
     Valley Development Agency all right, title, and interest of 
     the United States in and to certain parcels of real property, 
     including improvements thereon, located on or adjacent to the 
     former Norton Air Force Base, California, that as of the date 
     of the enactment of this Act have been determined through a 
     record of decision to be eligible to be transferred to, or 
     held in trust for, the San Manuel Band of Mission Indians.
       (2) The Secretary of the Air Force shall make a conveyance 
     under paragraph (1) with respect to any parcel of real 
     property to

[[Page 13322]]

     which that paragraph applies only upon delivery to the 
     Secretary of an instrument executed by the San Manuel Band of 
     Mission Indians that releases and extinguishes any real 
     property interest of the San Manuel Band of Mission Indians 
     in that parcel of real property.
       Sec. 8109. (a) The total amount appropriated or 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:
       ``Title III'', $189,000,000; and
       ``Title IV'', $156,000,000.
       (b) The Secretary of Defense shall allocate this reduction 
     proportionately to each program, project, and activity within 
     each applicable appropriation account.

                     (including transfer of funds)

       Sec. 8110. (a) The amount appropriated in title II for 
     ``Operation and Maintenance, Air Force'' is hereby reduced by 
     $967,200,000 to reflect cash balance and rate stabilization 
     adjustments in the Department of Defense Transportation 
     Working Capital Fund.
       (b) Not later than 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.
       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 12333.
       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.
       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.
       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.
       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.
       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.
       (b) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary. The cost of the survey shall be borne by 
     the City of Wooster, Ohio.
       (c) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
       Sec. 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.
       (b) The Secretary of Defense may waive the requirements of 
     subsection (a) in any case in which the Secretary determines 
     that it is necessary to do so to respond to a national 
     security emergency or to meet dire operational requirements 
     of the Armed Forces.


                     (including transfer of funds)

       Sec. 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.
       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:
       (1) From ``Operation and Maintenance, Army'', $22,000,000.
       (2) From ``Operation and Maintenance, Navy'', $26,000,000.
       (3) From ``Operation and Maintenance, Marine Corps'', 
     $2,000,000.
       (4) From ``Operation and Maintenance, Air Force'', 
     $50,000,000.
       Sec. 8120. The total amount appropriated in title IV is 
     hereby reduced by $685,000,000 to decrease amounts budgeted 
     in anticipation of the application of non-statutory funding 
     set asides: Provided, That this reduction shall be allocated 
     proportionately to each budgeted program, program element, 
     project, and activity: Provided further, That funds made 
     available for programs of the National Foreign Intelligence 
     Program (NFIP) are exempt from the application of this 
     provision.


                     (including transfer of funds)

       Sec. 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.
       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.

  Mr. LEWIS of California (during the reading). Mr. Chairman, I ask 
unanimous consent that the remainder of the bill through page 115, line 
17 be considered as read, printed in the Record, and open to amendment 
at any point.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
California?

[[Page 13323]]

  There was no objection.
  The CHAIRMAN. Are there any amendments to that section of the bill?


             Amendments Offered by Mr. Lewis of California

  Mr. LEWIS of California. Mr. Chairman, I offer a managers' amendment, 
and I ask unanimous consent it be considered en bloc.
  The CHAIRMAN. The Clerk will report the amendments.
  The Clerk read as follows:

       Amendments offered by Mr. Lewis of California:
       On page 115, insert the following new section at the end of 
     title VIII:
       ``Sec. __. 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.''
       On page 118, line 3, strike the comma after ``Provided'' 
     and insert a comma after ``further''.
       On page 122, line 10, add a comma after the word 
     ``further''.
       On page 134, line 4, insert before ``not less'' the 
     following:
       ``, the Committee on International Relations of the House 
     of Representatives, and the Committee on Foreign Relations of 
     the Senate''.
       On page 138, insert the following two new sections at the 
     end of title IX:
       ``Sec. __. 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.
       Sec. __. 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)).''

  Mr. LEWIS of California (during the reading). Mr. Chairman, I ask 
unanimous consent that the amendments be considered as read and printed 
in the Record.
  The CHAIRMAN. Is there objection to the amendments being considered 
en bloc?
  There was no objection.
  The CHAIRMAN. The gentleman from California (Mr. Lewis) is recognized 
for 5 minutes.
  Mr. LEWIS of California. Mr. Chairman, I yield back the balance of my 
time.
  Mr. MURTHA. Mr. Chairman, we have no problem with the amendments.
  The CHAIRMAN. The question is on the amendments offered by the 
gentleman from California (Mr. Lewis).
  The amendments were agreed to.
  The CHAIRMAN. The Clerk will read.
  The Clerk read as follows:

                  TITLE IX--ADDITIONAL APPROPRIATIONS

                               CHAPTER I

                    DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

       For an additional amount for ``Military Personnel, Army'', 
     $2,552,200,000: Provided, That, if the enactment of this 
     title occurs during fiscal year 2004, such amount 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.

                        Military Personnel, Navy

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

                    Military Personnel, Marine Corps

       For an additional amount for ``Military Personnel, Marine 
     Corps'', $273,200,000: Provided, That, if the 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.

                     Military Personnel, Air Force

       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.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

       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.

                    Operation and Maintenance, Navy

       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.

                Operation and Maintenance, Marine Corps

         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.

                  Operation and Maintenance, Air Force

       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.

                Operation and Maintenance, Defense-Wide

       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.

                           Iraq Freedom Fund


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Iraq Freedom Fund'', 
     $2,978,000,000, to remain available for transfer until 
     September 30, 2006, for the purposes authorized under this 
     heading in Public Law 108-11: Provided, That the Secretary of 
     Defense may transfer the funds provided herein to 
     appropriations for military personnel; operation and 
     maintenance; Overseas Humanitarian, Disaster, and Civic Aid; 
     procurement; research, development, test and evaluation; the 
     Defense Health Program; and working capital funds: Provided 
     further, That of the amounts provided under this

[[Page 13324]]

     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.

                              PROCUREMENT

                       Missile Procurement, Army

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

        Procurement of Weapons and Tracked Combat Vehicles, Army

       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.

                    Procurement of Ammunition, Army

       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.

                        Other Procurement, Army

       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.

                       Aircraft Procurement, Navy

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

            Procurement of Ammunition, Navy and Marine Corps

       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.

                       Procurement, Marine Corps

       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.

                      Other Procurement, Air Force

       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.

                       Procurement, Defense-Wide

       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.

                  National Guard and Reserve Equipment

       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.

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

       For an additional amount for ``Defense Working Capital 
     Funds'', $1,250,000,000: Provided, That, if the enactment of 
     this title occurs during fiscal year 2004, such amount is 
     designated as an emergency requirement 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.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

       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.

                               CHAPTER 2

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    Diplomatic and Consular Programs

       For an additional amount for ``Diplomatic and Consular 
     Programs'' for costs associated with United States Mission 
     operations, technological support, logistical support, and 
     necessary security costs in Iraq, $665,300,000, to remain 
     available until expended: 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

[[Page 13325]]

     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.

            Embassy Security, Construction, and Maintenance

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

                               CHAPTER 3

                     BILATERAL ECONOMIC ASSISTANCE

                  FUNDS APPROPRIATED TO THE PRESIDENT

           United States Agency for International Development

              International Disaster and Famine Assistance

       For an additional amount for ``International Disaster and 
     Famine Assistance'', $70,000,000, to remain available 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).

                          Department of State

                    Migration and Refugee Assistance

       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).

                      GENERAL PROVISIONS, TITLE IX

       Sec. 9001. Appropriations provided in this title are 
     available for obligation until September 30, 2005, unless 
     otherwise so provided in this title: Provided, That 
     notwithstanding any other provision of law or of this Act, 
     funds in this title are available for obligation, and 
     authorities in this title shall apply, upon enactment of this 
     Act.
       Sec. 9002. Notwithstanding any other provision of law or of 
     this Act, funds made available in this title are in addition 
     to amounts provided elsewhere in this Act.


                          (TRANSFER OF FUNDS)

       Sec. 9003. (a) Upon his determination that such action is 
     necessary in the national interest, the Secretary of Defense 
     may transfer between appropriations up to $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.
       (b) Section 8005 of the Department of Defense 
     Appropriations Act, 2004 (Public Law 108-87; 117 Stat. 1071), 
     is amended--
       (1) by striking ``$2,100,000,000'' and inserting in lieu 
     thereof ``$3,000,000,000''; and
       (2) by striking all after the third proviso and inserting 
     the following: ``: Provided further, That transfers among 
     military personnel appropriations shall not be taken into 
     account for purposes of the limitation on the amount of funds 
     that may be transferred under this section.''.
       (c) Section 168(a) of division H of the Consolidated 
     Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 456), 
     is repealed upon enactment of this Act.
       (d)(1) If the enactment of this title occurs during 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).
       (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.
       Sec. 9004. Funds appropriated in this title, or made 
     available by the transfer of funds in or pursuant to this 
     title, for intelligence activities are deemed to be 
     specifically authorized by the Congress for purposes of 
     section 504 of the National Security Act of 1947 (50 U.S.C. 
     414).
       Sec. 9005. None of the funds provided in this title may be 
     used to finance programs or activities denied by Congress in 
     fiscal year 2005 appropriations to the 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.
       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.
       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.
       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 not less than 15 days 
     before providing assistance under the authority of this 
     section.
       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.
       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''.
       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.
       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.
       (b) Each report shall include the following information:
       (1) For each of Iraq and Afghanistan for the half-fiscal 
     year ending during the month preceding the due date of the 
     report, the amount expended for military operations of the 
     Armed Forces and the amount expended for reconstruction 
     activities, together with the cumulative total amounts 
     expended for such operations and activities.
       (2) An assessment of the progress made toward preventing 
     attacks on United States personnel.
       (3) An assessment of the effects of the operations and 
     activities in Iraq and Afghanistan on the readiness of the 
     Armed Forces.
       (4) An assessment of the effects of the operations and 
     activities in Iraq and Afghanistan on the recruitment and 
     retention of personnel for the Armed Forces.
       (5) For the half-fiscal year ending during the month 
     preceding the due date of the report, the costs incurred for 
     repair of Department of Defense equipment used in the 
     operations and activities in Iraq and Afghanistan.
       (6) The foreign countries, international organizations, and 
     nongovernmental organizations that are contributing support 
     for the ongoing military operations and reconstruction 
     activities, together with a discussion of the amount and 
     types of support contributed by each during the half-fiscal 
     year ending during the month preceding the due date of the 
     report.
       (7) The extent to which, and the schedule on which, the 
     Selected Reserve of the Ready Reserve of the Armed Forces is 
     being involuntarily ordered to active duty under section 
     12304 of title 10, United States Code.
       (8) For each unit of the National Guard of the United 
     States and the other reserve components of the Armed Forces 
     on active duty

[[Page 13326]]

     pursuant to an order to active duty under section 12304 of 
     title 10, United States Code, the following information:
       (A) The unit.
       (B) The projected date of return of the unit to its home 
     station.
       (C) The extent (by percentage) to which the forces deployed 
     within the United States and outside the United States in 
     support of a contingency operation are composed of reserve 
     component forces.
       Sec. 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.
       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.
       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.
       Sec. 9016. Section 3101 of title 31, United States Code, is 
     amended by adding at the end the following new subsection:
       ``(d) The United States Government shall take all steps 
     necessary to guarantee the full faith and credit of the 
     Government.''

  Mr. LEWIS of California (during the reading). Mr. Chairman, I ask 
unanimous consent that the remainder of the bill through Page 138, Line 
11 be considered as read, printed in the Record, and open to amendment 
at any point.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
California?
  There was no objection.
  The CHAIRMAN. Are there any amendments to that portion of the bill?


                    Amendment Offered by Mr. Inslee

  Mr. INSLEE. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Inslee:
       At the end of the bill, add the following new title:

                 TITLE X--ADDITIONAL GENERAL PROVISIONS

       Sec. 10001. None of the funds appropriated by this Act may 
     be used to waive or modify regulations promulgated under 
     chapter 43, 71, 75, or 77 of title 5, United States Code.

  Mr. INSLEE. Mr. Chairman, this amendment addresses the clear American 
values of making sure that the 700,000 men and women who are so ably 
performing their duties today as part of our war against terrorism as 
civilian employees at the Department of Defense retain their American 
rights of collective bargaining, their American rights of due process, 
their American rights of an appeal if they have been abused on the job, 
their American rights to be treated based on merit in the performance 
of their jobs rather than on politics and patronage.

                              {time}  1615

  Our amendment, quite simply, assures that no money will be spent in 
this bill to deprive them of those statutorily guaranteed rights that 
we have built up on a bipartisan basis over the last several decades. 
This will assure that that scaffolding that provides those 700,000 
Americans with that protection will not be stripped away.
  Why is this important? This issue became paramount to me when I 
welcomed the USS Vincent back from the Afghan theater. The gentleman 
from Washington (Mr. Dicks) and I helicoptered out to it, it was quite 
an experience as she came back in the Straits of Juan de Fuca, and we 
talked to the sailors on board.
  The sailors told us they had launched and recovered I think over 
10,000 sorties and had not lost a pilot, and that the reason they had 
done that had been because of the exquisitely professional performance 
of a lot of people who are of those 700,000 civilian employees of the 
Department of Defense, and particularly those of the Puget Sound Naval 
Shipyard. The sailors, the people who were out in harm's way within 
firing range, told me not to forget the people who were on the defense 
team in the civilian sector of the Department of Defense.
  Unfortunately, unless this amendment passes, those 700,000 patriots 
stand in the fire line of losing their collective bargaining rights, 
losing their right to an appeal, losing their right to due process and 
losing their right to have their performance judged on their merit.
  This happened because, unfortunately, during our rush to get the 
defense authorization bill through, there was a provision in good faith 
that was inserted that gave largely unfettered discretion to the 
Department of Defense to go forth and create a new personnel system.
  We are always open to reform and new ideas, but, unfortunately, what 
has transpired at the first cut by the Department of Defense, they have 
proposed plans that would essentially gut the real basic, fundamental 
right to collective bargaining in our system, a collective bargaining 
system that actually has been successful in maintaining the morale of 
these 700,000 patriots who are instrumental in our defense efforts 
today.
  What we have seen are proposals to essentially gut that by allowing 
the Department of Defense to unilaterally sort of jam down the throats 
of those 700,000 people whatever they decide to do without 
collaboration and without collective bargaining. That would be a 
mistake. It would be a mistake in not recognizing the American value of 
collective bargaining, and it would be a mistake to damage the morale 
of this workforce, and we are urging my colleagues not to allow that.
  Secondly, we do not want to allow what I consider to be a real civil 
right, and that is a right that when you are on the job working for the 
DOD, if you are going to be sanctioned, if you are going to be fired, 
if you are going to be sent down to the bilge as punishment, you ought 
to have some basic due process rights. You ought to have it in writing 
what you did wrong, you ought to have a right to a written decision on 
your appeal, even you ought to have a right to have an appeal, if I 
dare say, where you have a lawyer present when your job is on the line.
  Those civil rights are in jeopardy if we do not pass this amendment, 
and the 700,000 people who care about that know those rights are in 
jeopardy.
  We have already developed a very successful appeals system to handle 
this issue. Why should we go forth and create a whole new system to be 
a duplication of our existing system? It is not necessary.
  I would like to answer four kind of suggestions why this amendment is 
necessary. Some of my colleagues have suggested this is not a good 
idea. They have had four critiques. I would like to answer those during 
this debate.
  First, it has been suggested that the 700,000 employees that are 
going to be protected by my amendment do not want to be protected by my 
amendment. Not a well-put argument, when virtually every union that is 
elected by these employees wholeheartedly supports my amendment, the 
Association of Government Employees, the Federation of Teachers.
  By the way, teachers, it was said they are sort of un-American, they 
cannot form a union unless my amendment passes. That does not make any 
sense at all. Teachers ought to be able to form unions. So the 
employees think this is a good idea.
  Second, this will allow consideration of alternatives; it simply will 
not allow the pulling of the trigger. DOD will be able to aim, they 
will be able to load up, but they will not be able to pull the trigger 
on this until we look at this issue.
  The CHAIRMAN. The time of the gentleman from Washington (Mr. Inslee) 
has expired.
  (By unanimous consent, Mr. Inslee was allowed to proceed for 2 
additional minutes.)
  Mr. INSLEE. Mr. Chairman, my point I want to make is this does not 
stop DOD in their tracks from at least thinking about this issue. They 
will be allowed to consider this issue, but they will not be able to 
actually pull the

[[Page 13327]]

trigger to waive these collective bargaining rights, to waive these 
appeal rights, to waive these due process rights.
  Third: One friend on the other side of the aisle suggested that this 
amendment is a bad idea, because now we are in the age of faxes and 
computers and this is a new day and age, so we should give unfettered 
discretion to the Department of Defense to have a new personnel system 
without statutory rules.
  Well, we can use faxes and computers and e-mail and answering 
machines, but we need to have a system of law to govern what due 
process rights the Congress has a role in deciding. These are rights 
that belong to individuals that are held very dearly by our employees, 
and we can use computers and faxes, but we need to do in a method that 
is rules-based.
  We got into a little trouble, we got into a little trouble when the 
Department of Defense decided they could sort of ignore this rules-
based Geneva treaty system, because they thought they should just have 
unilateral discretion in deciding how to handle some of these issues. 
That was kind of a sort of suggestion that we need rules.
  Now, I am not suggesting our employees are going to be tortured, 
thank goodness that is not going to be the case, but we do need a 
rules-based employment system, and we cannot allow unilateral decision 
making by the Department of Defense.
  The fourth issue I want to make, this is not going to stop reform. We 
need to work on it in Congress. I think we have seen the whites of the 
eyes that this has been a very, very controversial issue that has 
inflamed the 700,000 people that we need to build morale on.
  Mr. LEWIS of California. Mr. Chairman, it is with great reluctance 
that I rise in opposition to this amendment.
  Mr. Chairman, what the gentleman is discussing here is an important 
policy question which was discussed thoroughly in the authorizing 
committee last year. The policy was established. If the gentleman had a 
problem with that policy development, I regret he did not come to talk 
with us either at our markup process in the subcommittee or beyond 
that.
  But it is clear to anybody who would look at the personnel 
difficulties within this huge department, the Department of Defense, 
there are needs for reform and change within this great arena. The 
authorizing committee did address that question.
  The gentleman from Washington (Mr. Inslee) suggests he does not stop 
the Department in its tracks, he just stops the money from flowing, 
which is somewhere close to my track, at any rate.
  It seems to me that without the ability to change labor management 
relations within the Department, the Department will be faced with 
negotiating all personnel policies with over 1,366 unions, and change 
is not going to take place under those circumstances.
  A new adverse action and appeals system would allow the Department to 
take more prompt action on employees who are not performing on their 
jobs or facing disciplinary action based on misconduct. The current 
appeals system is lengthy and demands an overburden of proof before 
management can take action. The new system that the authorizing 
committee has gone forward with would establish a new process, while 
maintaining employee rights to fair consideration.
  The bottom line is that DOD should oppose this amendment, and we 
oppose it as well.
  Mr. Chairman, I appreciate looking forward to working with the 
gentleman, but I wish we had had a chance to do so before today.
  Mr. VAN HOLLEN. Mr. Chairman, I rise in support of the amendment.
  Mr. Chairman, I am proud to join the gentleman from Washington (Mr. 
Inslee) in offering this amendment. As we have heard, last year, tucked 
into the 2004 defense authorization bill was a provision that gave the 
Bush administration, and any other future administration, Republican or 
Democrat, a virtually blank check to rewrite the rules and protections 
that govern 700,000 civil servants in the Department of Defense. What 
that provision did was strip Pentagon civilians of the statutory 
protections we have had on a bipartisan basis for decades.
  We in this Congress, we in this House, have an obligation to ensure 
that those civilian employees of the Defense Department are treated 
fairly and treated with respect, and we should not surrender that 
authority and those obligations to any administration, Republican or 
Democrat. Yet that is what we did last year in the authorization bill.
  While the Committee on Armed Services may have considered this issue, 
the fact of the matter is the full House has never had an opportunity 
to consider this issue, because the Committee on Rules did not make in 
order an amendment on exactly this question. So we did not have an 
opportunity to debate this last year in the House. This is the first 
time we now have an opportunity to address this issue straight on.
  The testimony we have heard from the administration officials over 
the years, Republican and Democrat, has been clear, that our national 
security depends on a strong partnership between the military part of 
the Pentagon and the civilian civil servants. Taking away the basic 
protections that our civil servants enjoy with the Department of 
Defense would damage that partnership, it would hurt morale, and it 
sends a terrible message to the many men and women who we entrust with 
important national security work.
  Why should we give the executive branch the authority to eliminate 
rules that protect employees from discrimination based on political 
affiliation? Do we not want people to exercise independent political 
judgment and not fear political repercussions? Why should we give the 
Executive Branch the authority to rewrite and eliminate rules of due 
process that protect employees in certain situations? Why should we 
give the executive branch the authority to eliminate the requirement 
that DOD bargain in good faith with their employees?
  Now, last year, many in the administration said, ``don't worry, we 
are not going to take advantage of those authorities. Trust us. We will 
not go that far.''
  Well, in February we saw the first write of the rules, and the fact 
of the matter is on both sides of the aisle, many people said, wait a 
minute. When we signed up for this, we did not think you were going to 
exercise your authority in this way in terms of taking away certain 
good faith bargaining rights.
  So that is what this amendment is about. As my colleague from 
Washington said, this does not throw out all the authorities. What we 
are saying is let us take a year, let us take a time out, and let us 
adopt the adage that many have shown is good advice, ``trust, but 
verify.'' Why should we provide a blank check?
  Let us give the administration an opportunity now to come before the 
Congress to show us exactly what rules they want, and we can have an 
opportunity to take a look at them, rather than giving them a blank 
check in advance and then being totally at their mercy as to what they 
put in effect.
  So this is a common sense provision. I believe it is a bipartisan 
decision. Let us let the administration tell us what they plan to do, 
and, if we think it makes sense, we can move forward on it at that 
time.
  Trust, but verify.
  Mr. DICKS. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I rise in strong support of the Inslee-Van Hollen 
amendment. Last year, Congress gave the Department of Defense the 
authority to design a new civilian personnel system for its employees 
as part of the defense authorization bill. I opposed that part of the 
bill because it included a blanket waiver for the new system from all 
of the worker protections which Congress has wisely enacted through the 
years. Unfortunately, the House was denied a chance to vote directly on 
these changes in 2004, I must assume because of fear about how the vote 
would turn out.
  Now the Department of Defense is designing the new system, and the 
initial proposal published by the Department this spring, as mentioned 
by others,

[[Page 13328]]

has confirmed every fear voiced by members of the House, such as myself 
and the gentleman from Washington (Mr. Inslee) and the gentleman from 
Maryland (Mr. Van Hollen) about the new system. The initial proposal 
produced by the Department would have trampled worker rights in a 
wanton and deliberate fashion.
  More recently, Navy Secretary Gordon England has been assigned to 
work this issue for DOD, and he has pledged to work with DOD unions and 
employee organizations to design a fairer system. I am strongly 
encouraged by his involvement, but I also believe that DOD must design 
a new system which is consistent with strong worker protections. This 
guarantee is all that the Inslee-Van Hollen amendment would add to the 
bill before us today.
  Furthermore, there is an important monetary reason for supporting 
this amendment which is appropriate on the bill which deals with the 
defense budget. DOD has proposed creating within the Department of 
Defense two massive new bureaucracies which would duplicate the work of 
the existing Federal labor relations authority and the Merit System 
Protection Board. I believe that it would be irresponsible in the 
extreme for this committee to divert funding from badly needed 
warfighting priorities just so that the Department of Defense can 
duplicate the functions of independent government agencies under the 
control of the Secretary of Defense.
  This harms national security at the same time that it undermines 
worker rights.
  For all these reasons, Mr. Chairman, I ask that my colleagues support 
the Inslee-Van Hollen amendment and put the new personnel system at DOD 
back on the right track.
  Mr. HOYER. Mr. Chairman, will the gentleman yield?
  Mr. DICKS. I yield to the gentleman from Maryland, the distinguished 
Democratic whip.
  Mr. HOYER. Mr. Chairman, I thank my friend for yielding. Rather than 
prolong the debate, I want to adapt that which has been put forward by 
the gentleman from Washington (Mr. Inslee) and the gentleman from 
Maryland (Mr. Van Hollen) in sponsoring this, and adopt the gentleman's 
remarks as well, and simply say that I think the gentleman from 
Maryland (Mr. Van Hollen) and the gentleman from Washington (Mr. 
Inslee) and the gentleman from Washington (Mr. Dicks) have put their 
finger on it.

                              {time}  1630

  We abrogated essentially laws, statutes passed by the Congress, 
signed by the Presidents of the United States, without reviewing the 
changes that would be put before us and would impact on our Federal 
employees. That is all I think the sponsors are asking for the 
opportunity to do, and I would hope that the Members on both sides of 
the aisle would adopt this amendment, proceed in that fashion over the 
next year, and have the opportunity to review the changes that are 
suggested.
  I thank the gentleman from Washington State, who has been a giant on 
behalf of Federal employees during our careers here, and I thank him 
for yielding.
  Mr. LEWIS of California. Mr. Chairman, will the gentleman yield?
  Mr. DICKS. I yield to the gentleman from California.
  Mr. LEWIS of California. Mr. Chairman, I appreciate the gentleman 
yielding. I have not had a chance to talk to the gentleman from 
Pennsylvania (Mr. Murtha) about this, but I believe that the gentleman 
from Washington State is still a member of the subcommittee; is he not?
  Mr. DICKS. Yes, I am.
  Mr. LEWIS of California. Well, I really look forward to discussing 
this with the gentleman personally before we come to the floor.
  Mr. DICKS. Mr. Chairman, reclaiming my time, we did have a proposal 
in our written document that went to the chairman that laid out a 
proposal, a different approach to this; and it would have just 
protected the public shipyards, both on the east coast, the west coast, 
and Hawaii.
  Mr. LEWIS of California. Mr. Chairman, if the gentleman would yield 
further, I do very much appreciate the opportunity to discuss these 
matters with my colleague, sometimes privately, sometimes publicly.
  Mr. DICKS. And I appreciate the gentleman's willingness to discuss 
this issue. I know of his concern for government workers, because he 
has many in his own district; and I know that he will treat them as 
fairly as he has always treated me.
  Mr. MURTHA. Mr. Chairman, will the gentleman yield?
  Mr. DICKS. I yield to the gentleman from Pennsylvania.
  Mr. MURTHA. Mr. Chairman, I have to oppose this amendment. It has 
just come up at the last minute. As technical as it is, and the 
gentleman talked to me about it and I looked at it, and all of us are 
trying to do the same thing: make sure that we do some reform, but that 
we do not go too far. I think Gordon England is the right one to look 
at this thing. I know the Defense Department is very nervous about the 
direction they were going at first, and I am afraid this bill will be 
vetoed if it has this language in it.
  Mr. DICKS. Mr. Chairman, reclaiming my time, I just mention this to 
my friend from Pennsylvania, that the Steel Workers Union of America is 
strongly in favor of this legislation. They want to see workers 
protected.
  Mr. MURTHA. Mr. Chairman, if the gentleman will further yield, I do 
not doubt they are, and I appreciate their recommendation; but this is 
the wrong approach to it. It just goes a little too far. I think we 
need to work on this kind of thing together. And at the last minute, it 
just makes it hard for us to accept something like this. So I would 
hope we defeat this amendment and try to work something out later on.
  The CHAIRMAN. The time of the gentleman from Washington (Mr. Dicks) 
has expired.
  (By unanimous consent, Mr. Dicks was allowed to proceed for 30 
additional seconds.)
  Mr. DICKS. Mr. Chairman, I would just point out one other thing to my 
distinguished chairman. I had no idea that this amendment would be 
offered on the floor; but once it was, I felt compelled to speak on 
behalf of it.
  Mr. DAVIS of Illinois. Mr. Chairman, I move to strike the requisite 
number of words.
  I rise in support of the Inslee-Van Hollen amendment, and I do so 
because the basic rights and freedoms that we are attempting to 
guarantee for these civilian labor forces in DOD are those rights for 
which our military has fought and continues to fight.
  The real reason that we are involved in Iraq and in other places 
throughout the world is to guarantee rights and freedoms for 
individuals. We simply want to guarantee those same rights and freedoms 
for our workforce.
  I was heartened to hear the gentleman from California (Mr. Lewis) 
suggest that perhaps there is a window of opportunity for continuous 
discussion, for continuous interaction. I was pleased to hear the 
ranking member suggest that this is the last minute; and, hopefully, we 
can have continuous discussions over an extended period of time to make 
sure that we can guarantee for our civilian workforce those rights and 
privileges for which our military fights throughout the world.
  So I support this amendment.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Washington (Mr. Inslee).
  The question was taken; and the Chairman announced that the noes 
appeared to have it.
  Mr. INSLEE. Mr. Chairman, I demand a recorded vote, and pending that, 
I make the point of order that a quorum is not present.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings 
on the amendment offered by the gentleman from Washington (Mr. Inslee) 
will be postponed.
  The point of no quorum is considered withdrawn.


                  Amendment Offered by Mr. Strickland

  Mr. STRICKLAND. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Strickland:
       At the end of the bill (before the short title), insert the 
     following:

[[Page 13329]]



                 TITLE X--ADDITIONAL GENERAL PROVISIONS

       Sec. 10001. None of the funds appropriated or otherwise 
     made available by this Act may be used for any plan for 
     compensation of individuals held in military prisons under 
     the control of the United States in Iraq unless the plan 
     includes a provision to address the injuries suffered by the 
     17 citizens of the United States who were held as prisoners 
     of war by the regime of Saddam Hussein during the Persian 
     Gulf War in 1991.

  Mr. STRICKLAND (during the reading). Mr. Chairman, I ask unanimous 
consent that the amendment be considered as read and printed in the 
Record.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Ohio?
  There was no objection.
  Mr. LEWIS of California. Mr. Chairman, I reserve a point of order on 
the gentleman's amendment.
  Mr. STRICKLAND. Mr. Chairman, I thank the gentleman for reserving a 
point of order.
  Mr. Chairman, I intend to withdraw this amendment; but, first of all, 
I would like to take some moments to speak about it, because I think it 
is an issue that needs to be brought to the attention of this body.
  We all know that during the 1991 Gulf War, Iraq savagely tortured 
American POWs by inflicting beatings, starvation, electric shock, 
whippings, mock executions, threatened castration, broken bones, and 
burst eardrums. These actions were condemned by this Congress on three 
different resolutions.
  In April of 2002, these ex-POWs filed suit against the Iraqi regime 
under the law that this Congress had passed that allowed torture 
victims to file suit against terrorist states. If successful in court, 
these victims are then ensured access to the blocked assets of that 
terrorist state to obtain payment.
  Through their suit, the POWs sought to raise public awareness about 
POWs, to hold Saddam Hussein and his regime accountable, and to deter 
the torture of American servicemen and -women in the future, and to 
obtain compensation for their injuries.
  Last year, a Federal judge ruled in favor of the 17 POWs that filed 
suit. However, the Bush administration has stood in the way of these 
POWs getting the payments awarded them by claiming that the 
compensation would hamper the reconstruction of Iraq. The 
administration even appealed the judgment and spent tax dollars 
fighting the American POWs in court. Sadly, the administration was 
recently successful in overturning the judgment that allowed the 
compensation of these ex-POWs.
  Now, at the same time the administration was opposing these American 
POWs in court, Secretary Rumsfeld testified before the Senate Committee 
on Armed Services saying, ``I am seeking a way to provide appropriate 
compensation'' to the Iraqi detainees at Abu Ghraib prison.
  So while compensating Iraqi prisoners may be the right thing to do, 
we should not do this at the very same time that we are refusing to 
work with the 17 American POWs who won compensation under a law that 
many of us voted for.
  A newspaper back in Ohio read like this: ``It was the United States 
of America and Saddam Hussein versus American POWs, and the United 
States and Saddam Hussein won.''
  My amendment, if it was not objected to, would prohibit the 
Department of Defense from providing compensation to the Iraqi 
detainees abused at Abu Ghraib until that compensation plan also 
addressed the injuries suffered by the 17 Americans held as prisoners 
of war under the regime of Saddam Hussein during the first Gulf War.
  Now, over on the Senate side, over on the Senate side they passed by 
unanimous consent as a part of the Defense authorization bill language 
identical to the language I have in this amendment. It was offered by 
Senator Reid, and it was co-sponsored by Senator Warner and Senator 
Levin.
  So, Mr. Chairman, although I am withdrawing this amendment due to the 
objection, I would hope that this body would recognize the injustice. 
How can we justify providing compensation to Iraqi POWs and fight the 
compensation for American POWs who were abused in the same way at the 
very same prison?
  So I look forward to working with my colleagues in the days and weeks 
to come. I intend to find some vehicle, some mechanism to make sure 
that this injustice is corrected.
  Mr. Chairman, I withdraw my amendment.
  The CHAIRMAN. Without objection, the amendment is withdrawn.
  There was no objection.
  Mr. STENHOLM. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, as we all know, and certainly the subcommittee is aware 
very strongly, the B-1 bomber is an integral part of our bomber fleet. 
The long-range strike capability of our national defense is enhanced by 
the superior payload capability, speed, and accuracy of this aircraft.
  The Defense authorization and appropriation committees and my good 
friends, the gentleman from Pennsylvania (Mr. Murtha), the gentleman 
from Missouri (Mr. Skelton), the gentleman from California. (Mr. 
Hunter), and the gentleman from California (Chairman Lewis ), have 
recognized the importance of the B-1 to the Air Force. It performed 
admirably in Afghanistan and Iraq.
  I rise today to discuss provisions in the Defense appropriations and 
authorization bills that address the reinstatement of B-1s to the 
fleet. As a strong supporter of the B-1 and having been closely 
associated with this issue since 1985 when the first B-1 was assigned 
to Dyess Air Force Base, my support is, and always has been, a 
commonsense approach that advocates the best for the Air Force.
  The B-1 fleet was recently reduced to its current size of 60 
aircraft, with assurances that upgrades will be made to the fleet to 
increase mission capability rates, defensive systems, and lethality. I 
supported the Air Force decision in its plan to keep fewer, but top-
quality, mission-capable B-1s.
  The Defense Authorization Act included a provision for $105 million 
to regenerate an additional 10 B-1s above the Air Force recommendation 
to reinstate seven. The Subcommittee on Defense Appropriations brings 
to the floor today a recommendation which follows the Air Force's 
recommendation to regenerate seven aircraft, and also follows the Air 
Force confirmation that additional funding is not needed beyond the $17 
million appropriated for this purpose in fiscal year 2004.
  My concern about the funding for regenerated B-1s is the fact that 
$17 million may not be enough for the seven aircraft that initially 
cost $283 million each. Again, I strongly support the B-1, but also 
strongly support full funding for the entire fleet. If we are going to 
add seven planes, I would like assurances from the chairman and ranking 
member today that they do believe that the Air Force is correct that 
$17 million is sufficient funding to keep 67 planes in the air, flying, 
with the mission that I know that they support.
  Mr. LEWIS of California. Mr. Chairman, will the gentleman yield?
  Mr. STENHOLM. I yield to the gentleman from California.
  Mr. LEWIS of California. Mr. Chairman, we understand my colleague's 
concern, and we can tell the gentleman that we believe that there is 
adequate funding.
  Mr. MURTHA. Mr. Chairman, will the gentleman yield?
  Mr. STENHOLM. I yield to the gentleman from Pennsylvania.
  Mr. MURTHA. Mr. Chairman, we will make sure there is enough money to 
take care of those airplanes.
  Mr. STENHOLM. Mr. Chairman, I appreciate that. I hope that the 
chairman and ranking member understand the concern here.
  As I said before, I have always followed the recommendations of the 
Air Force. We have some concerns, we are standing down the 13th bomb 
squadron today at Dyess at the same time we got agreement that the 
fleet will receive seven extra planes. That takes operational money. 
That takes manpower. There are some recommendations that are going 
forward that caused this concern, but I do appreciate the reassurances 
of the chairman and the ranking member, and we look forward to working 
with my colleagues to see that the full 67 plane force is, in fact, 
fully funded and operational to do the job that

[[Page 13330]]

they have been called on to do in Iraq and Afghanistan and, hopefully, 
if called upon again, will be able to do as good or a better job.
  Mr. MORAN of Kansas. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I appreciate the courtesies extended to me by the 
gentleman from California (Mr. Lewis), the chairman.
  I rise to discuss an amendment that under appropriate circumstances, 
if the rules allowed, I would offer today concerning the health care 
services that are being provided to our service men and women.

                              {time}  1645

  In 1997 this Congress passed legislation requiring the Department of 
Defense to conduct predeployment and post-deployment physicals for our 
servicemen and women, and as a member of the House Committee on 
Veterans' Affairs and one who chaired the Committee on Veterans' 
Affairs Subcommittee on Health for a number of years, we looked at this 
issue, and my goal in examining what was going on or not going on was 
based on a concern that we did not want our servicemen and women to 
return to the United States after deployment and incur Persian Gulf War 
syndrome.
  And one of the things we learned from the Persian Gulf War syndrome 
studies was that we needed a baseline to know what our servicemen and 
women encountered, what their health condition was before they departed 
for their deployment and what their physical condition was when they 
returned.
  In 1997, Congress passed legislation requiring the Department of 
Defense to conduct physical examinations upon those servicemen and 
women. I have concerns that those physical examinations are not 
occurring, and in fact, the GAO report that my subcommittee heard 
about, took testimony from the GAO, indicates that someplace between 38 
and 98 percent of the deployed personnel are lacking in one or both of 
those physical examinations.
  Again, this is an issue that I have requested an additional hearing 
from the Committee on Veterans' Affairs. During my term as subcommittee 
chairman, we conducted a series of hearings about the health conditions 
that our servicemen and women were encountering, and believed that it 
is awfully important for these physicals to take place, and it is 
uncertain as to whether they are.
  In fact, in March of this year, the Committee on Government Reform 
Subcommittee on National Security, Emerging Threats and International 
Relations took testimony, and the DOD indicated that servicemen and 
women who answer yes to certain questions on the questionnaire then 
have a referral for additional examinations. That implies to me that 
those who answer no to questions are not receiving those health care 
physical examinations by health care personnel.
  And so the amendment that I am discussing here today would express a 
sense of Congress that the Department of Defense should fully comply 
with section 107(f)(b) of Title 10 of the United States Code relating 
to those predeployment and post-deployment medical examinations.
  And, again, I would hope that we could hold the Department of 
Defense's feet to the fire for purposes of protecting the lives and 
safety and the health of our servicemen and women now deployed.
  Mr. HOYER. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I want to rise and thank the chairman and the ranking 
member for accepting the amendment that I offered in full committee on 
torture, and I want to speak just for a few minutes on that amendment.
  Mr. Chairman, the American people watched with shock and horror, as 
all of us did, as the photos of physical and psychological abuse being 
inflicted upon Iraqi detainees at the hands of U.S. military personnel 
were broadcast for the world to see.
  Many Members of the House have subsequently expressed their outrage, 
frankly, and disgust at the acts of torture that took place at Abu 
Ghraib prison in Iraq.
  Some, Mr. Chairman, believe there has been an overreaction, that we 
are spending too much time on this issue.
  Mr. Chairman, I disagree with that view. We must move beyond the mere 
expressions of outrage, and we must uncover the facts surrounding the 
torture that occurred at Abu Ghraib, and perhaps at other places as 
well.
  Why? To undermine our efforts in Afghanistan and Iraq? Absolutely 
not.
  To in any way cast doubt on the integrity, courage and good conduct 
of the thousands of men and women who wear our uniform? Absolutely not.
  But we must do so, Mr. Chairman, to emphatically affirm the values 
for which we fight. These actions represent a grave breach of decades 
of international and domestic law, and those involved in allowing or in 
creating an atmosphere in which such actions may seem to be condoned 
must be held as accountable as those who perpetrated them.
  Does a 20-year-old army private decide to put a dog leash on a nude 
Iraqi detainee and parade him in front of the others and photograph 
him? I think not.
  Do young military guards decide to release guards on detainees? I 
hope not and I think not.
  Secretary Rumsfeld's recent admission of his own violation of the 
Geneva Convention ordering the secret detention of an Iraqi prisoner 
for 7 months raises serious questions about the extent of the 
coordination of the treatment of prisoners of war and detainees in 
Iraq, Afghanistan and Guantanamo Bay.
  The international reaction to these actions damaged our standing in 
the world. It has undermined our credibility. It has made the already 
difficult job of securing a broader coalition of support in Iraq and 
achieving our objectives in Iraq, which I have consistently supported 
and support to this day, it makes that more difficult, and it has 
increased the danger of Americans in Iraq and around the world.
  While it is true that torture is a clear violation of American and 
international law, that is not the reason that the United States of 
America renounces its use.
  While it is true that torture undermines our credibility and 
increases the danger to any Americans traveling abroad, that is not the 
reason that we renounce its use.
  While it is true that torture produces entirely unreliable 
information, that is not the reason that we renounce its use.
  In fact, in a field manual 3452, a 1992 field manual still in force 
and serves as a basic primer for students and instructors in the army 
that outlines the Army's doctrine for conducting interrogations, it in 
the final analysis says this: Imagine that a technique was being 
applied to American prisoners of war, and ask yourself if it would be 
consistent with U.S. law. If a doubt still remains as to the legality 
of a proposed action, seek a legal opinion from your servicing judge 
advocate.
  In other words, do not do these things if you think they would 
violate U.S. law.
  There is another standard that was set forth in a manual of the Army 
which I thought made a lot of common sense. And it said to them if you 
would not want an American detainee or prisoner treated in the way you 
are treating a prisoner, do not do it.
  Mr. Chairman, the United States of America renounces the use of 
torture and mistreatment of prisoners of war and other detainees 
because it is contrary to the principles upon which the Nation was 
founded, contrary to our commitment to human rights, and contrary to 
the value we place on the dignity of all people.
  The CHAIRMAN. The time of the gentleman from Maryland (Mr. Hoyer) has 
expired.
  (By unanimous consent, Mr. Hoyer was allowed to proceed for 1 
additional minute.)
  Mr. HOYER. Torture, Mr. Chairman, is quite simply un-American. It is 
alien to who we are as a people. And where others may seek to 
rationalize its use, we must not. We must make clear to those who are 
watching, both friends and foe, that we do not tolerate the behavior 
that took place, that we will

[[Page 13331]]

hold accountable all those who are responsible. And that it is not now, 
nor will it be, the policy of this great and good Nation to sanction 
the use of torture.
  Mr. Chairman, today through language that was included in the fiscal 
2005 defense appropriation act for which, again, I thank the chairman 
and ranking member, we again take an essential step by reaffirming that 
torture is, in fact, illegal under American and international law, that 
it is not consistent with American values, and that it is not a policy 
accepted by the United States of America.
  The CHAIRMAN. Are there any further amendments to this portion of the 
bill?
  The Clerk will report the final two lines.
  The Clerk read as follows:

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


                    Amendment Offered by Mr. Inslee

  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, proceedings will 
now resume on the request for a recorded vote on the amendment by the 
gentleman from Washington (Mr. Inslee) on which further proceedings 
were postponed and on which the noes prevailed by voice vote.
  The Clerk will designate the amendment.
  The Clerk designated the amendment.


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 202, 
noes 218, not voting 13, as follows:

                             [Roll No. 283]

                               AYES--202

     Abercrombie
     Ackerman
     Alexander
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Becerra
     Bell
     Berkley
     Berry
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blumenauer
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Capps
     Capuano
     Cardin
     Cardoza
     Carson (OK)
     Case
     Chandler
     Clay
     Clyburn
     Conyers
     Cooper
     Costello
     Cramer
     Crowley
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Dooley (CA)
     Doyle
     Edwards
     Emanuel
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Ford
     Frank (MA)
     Frost
     Gonzalez
     Gordon
     Green (TX)
     Grijalva
     Gutierrez
     Harman
     Herseth
     Hill
     Hinchey
     Hoeffel
     Holden
     Holt
     Honda
     Hooley (OR)
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Johnson (IL)
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind
     Kleczka
     Kucinich
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lofgren
     Lowey
     Lucas (KY)
     Lynch
     Majette
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Moore
     Moran (VA)
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Schakowsky
     Schiff
     Scott (GA)
     Scott (VA)
     Serrano
     Sherman
     Simmons
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Stenholm
     Strickland
     Stupak
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Wolf
     Woolsey
     Wu
     Wynn

                               NOES--218

     Aderholt
     Akin
     Bachus
     Baker
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Biggert
     Bilirakis
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Carter
     Castle
     Chabot
     Chocola
     Coble
     Cole
     Collins
     Cox
     Crane
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeLay
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Dreier
     Duncan
     Dunn
     Ehlers
     Emerson
     English
     Everett
     Feeney
     Ferguson
     Flake
     Foley
     Forbes
     Fossella
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Goode
     Goodlatte
     Goss
     Granger
     Graves
     Green (WI)
     Greenwood
     Gutknecht
     Hall
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hostettler
     Houghton
     Hulshof
     Hunter
     Hyde
     Isakson
     Issa
     Istook
     Jenkins
     Johnson (CT)
     Johnson, Sam
     Keller
     Kelly
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     LaHood
     Latham
     LaTourette
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas (OK)
     Manzullo
     McCotter
     McCrery
     McHugh
     McKeon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy
     Murtha
     Musgrave
     Myrick
     Nethercutt
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Osborne
     Ose
     Otter
     Oxley
     Paul
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Porter
     Portman
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Ramstad
     Regula
     Rehberg
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schrock
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simpson
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Sweeney
     Tancredo
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Toomey
     Turner (OH)
     Upton
     Vitter
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Wicker
     Wilson (NM)
     Wilson (SC)
     Young (AK)
     Young (FL)

                             NOT VOTING--13

     Bereuter
     Berman
     Carson (IN)
     DeMint
     Deutsch
     Gephardt
     Hastings (FL)
     Hinojosa
     McInnis
     Mollohan
     Reyes
     Tauzin
     Whitfield


                      Announcement by the Chairman

  The CHAIRMAN (during the vote). Members are advised there are 2 
minutes remaining in this vote.

                              {time}  1721

  Mr. CHOCOLA and Mr. RENZI changed their vote from ``aye'' to ``no.''
  Ms. CORRINE BROWN of Florida, Mr. BOSWELL, and Mr. JOHNSON of 
Illinois changed their vote from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  The CHAIRMAN. Are there any further amendments?
  If not, under the rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Linder) having assumed the chair, Mr. Camp, Chairman of the Committee 
of the Whole House on the State of the Union, reported that that 
Committee, having had under consideration the bill (H.R. 4613) making 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 2005, and for other purposes, pursuant to House 
Resolution 683, he reported the bill as amended pursuant to that 
resolution back to the House with sundry further amendments adopted in 
the Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  Is a separate vote demanded on any amendment? If not, the Chair will 
put them en gros.
  The amendments were agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  Under clause 10 of rule XX, the yeas and nays are ordered.
  Pursuant to clause 8 of rule XX, this 15-minute vote on passage will 
be followed by a 5-minute vote, as ordered, on a motion to suspend the 
rules and adopt House Resolution 658.
  The vote was taken by electronic device, and there were--yeas 403, 
nays 17, not voting 13, as follows:

[[Page 13332]]



                             [Roll No. 284]

                               YEAS--403

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Andrews
     Baca
     Bachus
     Baird
     Baker
     Baldwin
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Becerra
     Bell
     Berkley
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boswell
     Boucher
     Boyd
     Bradley (NH)
     Brady (PA)
     Brady (TX)
     Brown (OH)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardin
     Cardoza
     Carson (OK)
     Carter
     Case
     Castle
     Chabot
     Chandler
     Chocola
     Clay
     Clyburn
     Coble
     Cole
     Collins
     Cooper
     Costello
     Cox
     Cramer
     Crane
     Crenshaw
     Crowley
     Cubin
     Culberson
     Cummings
     Cunningham
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     DeLay
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Dooley (CA)
     Doolittle
     Doyle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehlers
     Emanuel
     Emerson
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Everett
     Farr
     Fattah
     Feeney
     Ferguson
     Filner
     Flake
     Foley
     Forbes
     Ford
     Fossella
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Frost
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Goss
     Granger
     Graves
     Green (TX)
     Green (WI)
     Greenwood
     Grijalva
     Gutierrez
     Gutknecht
     Hall
     Harman
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Herseth
     Hill
     Hinchey
     Hobson
     Hoeffel
     Hoekstra
     Holden
     Holt
     Hooley (OR)
     Hostettler
     Houghton
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inslee
     Isakson
     Israel
     Issa
     Istook
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kleczka
     Kline
     Knollenberg
     Kolbe
     LaHood
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Levin
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lofgren
     Lowey
     Lucas (KY)
     Lucas (OK)
     Lynch
     Majette
     Maloney
     Manzullo
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McCotter
     McCrery
     McGovern
     McHugh
     McIntyre
     McKeon
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Mica
     Michaud
     Millender-McDonald
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Moore
     Moran (KS)
     Moran (VA)
     Murphy
     Murtha
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Nethercutt
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Osborne
     Ose
     Otter
     Oxley
     Pallone
     Pascrell
     Pastor
     Pearce
     Pelosi
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Porter
     Portman
     Price (NC)
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Renzi
     Reynolds
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Ryun (KS)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Saxton
     Schiff
     Schrock
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Souder
     Spratt
     Stearns
     Stenholm
     Strickland
     Stupak
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Toomey
     Towns
     Turner (OH)
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Vitter
     Walden (OR)
     Walsh
     Wamp
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Wu
     Wynn
     Young (AK)
     Young (FL)

                                NAYS--17

     Conyers
     Honda
     Jackson (IL)
     Jackson-Lee (TX)
     Kucinich
     Lee
     Lewis (GA)
     McDermott
     Owens
     Paul
     Payne
     Schakowsky
     Stark
     Waters
     Watson
     Watt
     Woolsey

                             NOT VOTING--13

     Bereuter
     Berman
     Carson (IN)
     DeMint
     Deutsch
     Gephardt
     Hastings (FL)
     Hinojosa
     McInnis
     Mollohan
     Reyes
     Tauzin
     Whitfield


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (Mr. Linder) (during the vote). Two minutes 
remain in this vote.

                              {time}  1740

  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________