Department of Defense Appropriations Act, 2005

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4613 Enrolled Bill (ENR)]

H.R.4613

One Hundred Eighth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four

An Act

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

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2005, for military functions administered by the
Department of Defense, and for other purposes, namely:

TITLE I

MILITARY PERSONNEL

Military Personnel, Army

For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Army on active duty, (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; and for payments pursuant
to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note),
and to the Department of Defense Military Retirement Fund,
$29,381,422,000.

Military Personnel, Navy

For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Navy on active duty (except members of the Reserve provided for
elsewhere), midshipmen, and aviation cadets; and for payments pursuant
to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note),
and to the Department of Defense Military Retirement Fund,
$24,347,807,000.

Military Personnel, Marine Corps

For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Marine Corps on active duty (except members of the Reserve provided
for elsewhere); and for payments pursuant to section 156 of Public Law
97-377, as amended (42 U.S.C. 402 note), and to the Department of
Defense Military Retirement Fund, $9,581,102,000.

Military Personnel, Air Force

For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Air Force on active duty (except members of reserve components
provided for elsewhere), cadets, and aviation cadets; and for payments
pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402
note), and to the Department of Defense Military Retirement Fund,
$24,155,911,000.

Reserve Personnel, Army

For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army Reserve on active duty under
sections 10211, 10302, and 3038 of title 10, United States Code, or
while serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or other duty,
and for members of the Reserve Officers' Training Corps, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$3,663,890,000.

Reserve Personnel, Navy

For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Navy Reserve on active duty under
section 10211 of title 10, United States Code, or while serving on
active duty under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing reserve training, or while
performing drills or equivalent duty, and for members of the Reserve
Officers' Training Corps, and expenses authorized by section 16131 of
title 10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $2,084,032,000.

Reserve Personnel, Marine Corps

For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Marine Corps Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and for
members of the Marine Corps platoon leaders class, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$623,073,000.

Reserve Personnel, Air Force

For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air Force Reserve on active duty
under sections 10211, 10305, and 8038 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title 10,
United States Code, in connection with performing duty specified in
section 12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent duty or
other duty, and for members of the Air Reserve Officers' Training
Corps, and expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense Military
Retirement Fund, $1,451,950,000.

National Guard Personnel, Army

For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army National Guard while on duty
under section 10211, 10302, or 12402 of title 10 or section 708 of
title 32, United States Code, or while serving on duty under section
12301(d) of title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section 12310(a) of
title 10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$5,901,729,000.

National Guard Personnel, Air Force

For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air National Guard on duty under
section 10211, 10305, or 12402 of title 10 or section 708 of title 32,
United States Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$2,540,242,000.

TITLE II

OPERATION AND MAINTENANCE

Operation and Maintenance, Army

(INCLUDING TRANSFER OF FUNDS)

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law; and not to
exceed $11,144,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of the Army, and payments may be made on his certificate of necessity
for confidential military purposes, $25,764,634,000: Provided, That of
funds made available under this heading, $1,900,000 shall be available
for Fort Baker, in accordance with the terms and conditions as provided
under the heading ``Operation and Maintenance, Army'', in Public Law
107-117.

Operation and Maintenance, Navy

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law; and not to exceed $4,525,000 can be used for
emergencies and extraordinary expenses, to be expended on the approval
or authority of the Secretary of the Navy, and payments may be made on
his certificate of necessity for confidential military purposes,
$29,687,245,000.

Operation and Maintenance, Marine Corps

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by law,
$3,629,901,000.

Operation and Maintenance, Air Force

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law; and
not to exceed $7,699,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of the Air Force, and payments may be made on his certificate of
necessity for confidential military purposes, $28,113,533,000:
Provided, That notwithstanding any other provision of law, that of the
funds available under this heading, $750,000 shall only be available to
the Secretary of the Air Force for a grant to Florida Memorial College
for the purpose of funding minority aviation training.

Operation and Maintenance, Defense-Wide

(including transfer of funds)

For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department
of Defense (other than the military departments), as authorized by law,
$17,449,619,000: Provided, That not more than $25,000,000 may be used
for the Combatant Commander Initiative Fund authorized under section
166a of title 10, United States Code, and of which not to exceed
$32,000,000 can be used for emergencies and extraordinary expenses, to
be expended on the approval or authority of the Secretary of Defense,
and payments may be made on his certificate of necessity for
confidential military purposes: Provided further, That notwithstanding
any other provision of law, of the funds provided in this Act for Civil
Military programs under this heading, $500,000 shall be available for a
grant for Outdoor Odyssey, Roaring Run, Pennsylvania, to support the
Youth Development and Leadership program and Department of Defense
STARBASE program: Provided further, That of the funds made available
under this heading, $2,550,000 shall be available only for a
Washington-based internship and immersion program to allow U.S. Asian-
American Pacific Islander undergraduate college and university students
from economically disadvantaged backgrounds to participate in academic
and educational programs in the Department of Defense and related
Federal defense agencies: Provided further, That notwithstanding any
other provision of law, the Office of Economic Adjustment of the
Department of Defense may make grants and supplement other Federal
funds using funds made available by this Act under this heading in
accordance with the guidance provided in the Joint Explanatory
Statement of the Committee of the Conference for the Conference Report
to accompany H.R. 4613 and these projects shall hereafter be considered
to be authorized by law: Provided further, That of the funds provided
under this heading that are available for commercial imagery purchases,
$500,000 shall be used by the National Geospatial-Intelligence Agency
to pay for imagery and high-resolution terrain data collected in 2003
in support of the California wildfires: Provided further, That of the
funds provided under this heading not less than $27,000,000 shall be
made available for the Procurement Technical Assistance Cooperative
Agreement Program, of which not less than $3,600,000 shall be available
for centers defined in 10 U.S.C. 2411(1)(D): Provided further, That
none of the funds appropriated or otherwise made available by this Act
may be used to plan or implement the consolidation of a budget or
appropriations liaison office of the Office of the Secretary of
Defense, the office of the Secretary of a military department, or the
service headquarters of one of the Armed Forces into a legislative
affairs or legislative liaison office: Provided further, That
$4,000,000, to remain available until expended, is available only for
expenses relating to certain classified activities, and may be
transferred as necessary by the Secretary to operation and maintenance
appropriations or research, development, test and evaluation
appropriations, to be merged with and to be available for the same time
period as the appropriations to which transferred: Provided further,
That any ceiling on the investment item unit cost of items that may be
purchased with operation and maintenance funds shall not apply to the
funds described in the preceding proviso: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.

Operation and Maintenance, Army Reserve

For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $1,991,128,000.

Operation and Maintenance, Navy Reserve

For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $1,237,638,000.

Operation and Maintenance, Marine Corps Reserve

For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $187,196,000.

Operation and Maintenance, Air Force Reserve

For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $2,242,590,000.

Operation and Maintenance, Army National Guard

For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; hire of passenger motor vehicles;
personnel services in the National Guard Bureau; travel expenses (other
than mileage), as authorized by law for Army personnel on active duty,
for Army National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National Guard
Bureau; supplying and equipping the Army National Guard as authorized
by law; and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $4,442,386,000.

Operation and Maintenance, Air National Guard

For expenses of training, organizing, and administering the Air
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; transportation of things, hire of
passenger motor vehicles; supplying and equipping the Air National
Guard, as authorized by law; expenses for repair, modification,
maintenance, and issue of supplies and equipment, including those
furnished from stocks under the control of agencies of the Department
of Defense; travel expenses (other than mileage) on the same basis as
authorized by law for Air National Guard personnel on active Federal
duty, for Air National Guard commanders while inspecting units in
compliance with National Guard Bureau regulations when specifically
authorized by the Chief, National Guard Bureau, $4,472,738,000.

Overseas Contingency Operations Transfer Account

(including transfer of funds)

For expenses directly relating to Overseas Contingency Operations
by United States military forces, $10,000,000, to remain available
until expended: Provided, That the Secretary of Defense may transfer
these funds only to military personnel accounts; operation and
maintenance accounts within this title; the Defense Health Program
appropriation; procurement accounts; research, development, test and
evaluation accounts; and to working capital funds: Provided further,
That the funds transferred shall be merged with and shall be available
for the same purposes and for the same time period, as the
appropriation to which transferred: Provided further, That upon a
determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided in this paragraph is in
addition to any other transfer authority contained elsewhere in this
Act.

United States Court of Appeals for the Armed Forces

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

Environmental Restoration, Army

(including transfer of funds)

For the Department of the Army, $400,948,000, to remain available
until transferred: Provided, That the Secretary of the Army shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Army, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of the Army, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation.

Environmental Restoration, Navy

(including transfer of funds)

For the Department of the Navy, $266,820,000, to remain available
until transferred: Provided, That the Secretary of the Navy shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Navy, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of the Navy, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation.

Environmental Restoration, Air Force

(including transfer of funds)

For the Department of the Air Force, $397,368,000, to remain
available until transferred: Provided, That the Secretary of the Air
Force shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of the Air
Force, or for similar purposes, transfer the funds made available by
this appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination that all
or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation.

Environmental Restoration, Defense-Wide

(including transfer of funds)

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

Environmental Restoration, Formerly Used Defense Sites

(including transfer of funds)

For the Department of the Army, $266,516,000, to remain available
until transferred: Provided, That the Secretary of the Army shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris at sites formerly used by the Department of Defense,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of the Army, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation.

Overseas Humanitarian, Disaster, and Civic Aid

For expenses relating to the Overseas Humanitarian, Disaster, and
Civic Aid programs of the Department of Defense (consisting of the
programs provided under sections 401, 402, 404, 2557, and 2561 of title
10, United States Code), $59,000,000, to remain available until
September 30, 2006.

Former Soviet Union Threat Reduction Account

For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure transportation and
storage of nuclear, chemical and other weapons; for establishing
programs to prevent the proliferation of weapons, weapons components,
and weapon-related technology and expertise; for programs relating to
the training and support of defense and military personnel for
demilitarization and protection of weapons, weapons components and
weapons technology and expertise, and for defense and military
contacts, $409,200,000, to remain available until September 30, 2007:
Provided, That of the amounts provided under this heading, $15,000,000
shall be available only to support the dismantling and disposal of
nuclear submarines, submarine reactor components, and security
enhancements for transport and storage of nuclear warheads in the
Russian Far East.

TITLE III

PROCUREMENT

Aircraft Procurement, Army

For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $2,854,541,000, to remain available for obligation until
September 30, 2007.

Missile Procurement, Army

For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $1,307,000,000, to remain available for obligation until
September 30, 2007.

Procurement of Weapons and Tracked Combat Vehicles, Army

For construction, procurement, production, and modification of
weapons and tracked combat vehicles, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$2,467,495,000, to remain available for obligation until September 30,
2007.

Procurement of Ammunition, Army

For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $1,590,952,000, to remain available for
obligation until September 30, 2007.

Other Procurement, Army

For construction, procurement, production, and modification of
vehicles, including tactical, support, and non-tracked combat vehicles;
the purchase of passenger motor vehicles for replacement only; and the
purchase of 1 vehicle required for physical security of personnel,
notwithstanding price limitations applicable to passenger vehicles but
not to exceed $200,000 per vehicle; communications and electronic
equipment; other support equipment; spare parts, ordnance, and
accessories therefor; specialized equipment and training devices;
expansion of public and private plants, including the land necessary
therefor, for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of equipment,
appliances, and machine tools in public and private plants; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $4,955,296,000, to
remain available for obligation until September 30, 2007.

Aircraft Procurement, Navy

For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare parts,
and accessories therefor; specialized equipment; expansion of public
and private plants, including the land necessary therefor, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $8,912,042,000, to remain available for obligation
until September 30, 2007.

Weapons Procurement, Navy

For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related
support equipment including spare parts, and accessories therefor;
expansion of public and private plants, including the land necessary
therefor, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway, $2,114,720,000, to remain available
for obligation until September 30, 2007.

Procurement of Ammunition, Navy and Marine Corps

For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $888,340,000, to remain available for
obligation until September 30, 2007.

Shipbuilding and Conversion, Navy

For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and
armament thereof, plant equipment, appliances, and machine tools and
installation thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; procurement of
critical, long leadtime components and designs for vessels to be
constructed or converted in the future; and expansion of public and
private plants, including land necessary therefor, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title, as follows:
Carrier Replacement Program (AP), $626,084,000;
NSSN, $1,581,143,000;
NSSN (AP), $871,864,000;
SSGN, $469,226,000;
SSGN (AP), $48,000,000;
CVN Refuelings (AP), $333,061,000;
SSN Submarine Refuelings (AP), $19,368,000;
SSBN Submarine Refuelings, $262,229,000;
SSBN Submarine Refuelings (AP), $63,971,000;
DDG-51 Destroyer, $3,444,950,000;
DD(X) (AP), $305,516,000;
DDG-51 Destroyer Modernization, $50,000,000;
LPD-17, $966,559,000;
LHD-8, $236,018,000;
LHA-R (AP), $150,000,000;
LCU (X), $25,048,000;
LCAC Landing Craft Air Cushion, $90,490,000;
Prior year shipbuilding costs, $484,390,000;
Service Craft, $36,899,000;
Power Unit Assembly Facility, $11,300,000; and
For outfitting, post delivery, conversions, and first
destination transportation, $351,327,000.
In all: $10,427,443,000, to remain available for obligation until
September 30, 2009: Provided, That additional obligations may be
incurred after September 30, 2009, for engineering services, tests,
evaluations, and other such budgeted work that must be performed in the
final stage of ship construction: Provided further, That none of the
funds provided under this heading for the construction or conversion of
any naval vessel to be constructed in shipyards in the United States
shall be expended in foreign facilities for the construction of major
components of such vessel: Provided further, That none of the funds
provided under this heading shall be used for the construction of any
naval vessel in foreign shipyards.

Other Procurement, Navy

For procurement, production, and modernization of support equipment
and materials not otherwise provided for, Navy ordnance (except
ordnance for new aircraft, new ships, and ships authorized for
conversion); the purchase of passenger motor vehicles for replacement
only, and the purchase of 9 vehicles required for physical security of
personnel, notwithstanding price limitations applicable to passenger
vehicles but not to exceed $200,000 per vehicle; expansion of public
and private plants, including the land necessary therefor, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $4,875,786,000, to remain available for obligation
until September 30, 2007: Provided, That funds available in this
appropriation may be used for TRIDENT modifications associated with
force protection and security requirements.

Procurement, Marine Corps

For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare parts,
and accessories therefor; plant equipment, appliances, and machine
tools, and installation thereof in public and private plants; reserve
plant and Government and contractor-owned equipment layaway; vehicles
for the Marine Corps, including the purchase of passenger motor
vehicles for replacement only; and expansion of public and private
plants, including land necessary therefor, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior to
approval of title, $1,432,203,000, to remain available for obligation
until September 30, 2007.

Aircraft Procurement, Air Force

For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling
equipment, and training devices, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things, $13,648,304,000, to remain available for
obligation until September 30, 2007: Provided, That amounts provided
under this heading shall be used for the procurement of 15 C-17
aircraft: Provided further, That amounts provided under this heading
shall be used for the advance procurement of not less than 15 C-17
aircraft: Provided further, That the Secretary of the Air Force shall
fully fund the procurement of not less than 15 C-17 aircraft in fiscal
year 2006: Provided further, That the Secretary of the Air Force shall
allocate a reduction of $158,600,000 proportionately to each budget
activity, activity group, subactivity group, and each program, project,
and activity funded by this appropriation.

Missile Procurement, Air Force

For construction, procurement, and modification of missiles,
spacecraft, rockets, and related equipment, including spare parts and
accessories therefor, ground handling equipment, and training devices;
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes including rents and transportation of things,
$4,458,113,000, to remain available for obligation until September 30,
2007.

Procurement of Ammunition, Air Force

For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $1,327,459,000, to remain available for
obligation until September 30, 2007.

Other Procurement, Air Force

For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and spare parts
therefor, not otherwise provided for; the purchase of passenger motor
vehicles for replacement only, and the purchase of 1 vehicle required
for physical security of personnel, notwithstanding price limitations
applicable to passenger vehicles but not to exceed $200,000 per
vehicle; lease of passenger motor vehicles; and expansion of public and
private plants, Government-owned equipment and installation thereof in
such plants, erection of structures, and acquisition of land, for the
foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon, prior to approval of
title; reserve plant and Government and contractor-owned equipment
layaway, $13,071,297,000, to remain available for obligation until
September 30, 2007.

Procurement, Defense-Wide

For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment, supplies,
materials, and spare parts therefor, not otherwise provided for; the
purchase of passenger motor vehicles for replacement only; expansion of
public and private plants, equipment, and installation thereof in such
plants, erection of structures, and acquisition of land for the
foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; reserve plant and Government and contractor-owned equipment
layaway, $2,956,047,000, to remain available for obligation until
September 30, 2007.

National Guard and Reserve Equipment

For procurement of aircraft, missiles, tracked combat vehicles,
ammunition, other weapons, and other procurement for the reserve
components of the Armed Forces, $350,000,000, to remain available for
obligation until September 30, 2007: Provided, That the Chiefs of the
Reserve and National Guard components shall, not later than 30 days
after the enactment of this Act, individually submit to the
congressional defense committees the modernization priority assessment
for their respective Reserve or National Guard component.

Defense Production Act Purchases

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

TITLE IV

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

Research, Development, Test and Evaluation, Army

For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$10,698,989,000, to remain available for obligation until September 30,
2006: Provided, That of the amounts provided under this heading,
$11,500,000 for Molecular Genetics and Musculoskeletal Research in
program element 0602787A shall remain available until expended.

Research, Development, Test and Evaluation, Navy

For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$17,043,812,000, to remain available for obligation until September 30,
2006: Provided, That funds appropriated in this paragraph which are
available for the V-22 may be used to meet unique operational
requirements of the Special Operations Forces: Provided further, That
funds appropriated in this paragraph shall be available for the Cobra
Judy program.

Research, Development, Test and Evaluation, Air Force

For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$20,890,922,000, to remain available for obligation until September 30,
2006.

Research, Development, Test and Evaluation, Defense-Wide

For expenses of activities and agencies of the Department of
Defense (other than the military departments), necessary for basic and
applied scientific research, development, test and evaluation; advanced
research projects as may be designated and determined by the Secretary
of Defense, pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $20,983,624,000, to remain
available for obligation until September 30, 2006.

Operational Test and Evaluation, Defense

For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation, in the direction and supervision of operational test and
evaluation, including initial operational test and evaluation which is
conducted prior to, and in support of, production decisions; joint
operational testing and evaluation; and administrative expenses in
connection therewith, $314,835,000, to remain available for obligation
until September 30, 2006.

TITLE V

REVOLVING AND MANAGEMENT FUNDS

Defense Working Capital Funds

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

National Defense Sealift Fund

For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve Fleet, as
established by section 11 of the Merchant Ship Sales Act of 1946 (50
U.S.C. App. 1744), and for the necessary expenses to maintain and
preserve a U.S.-flag merchant fleet to serve the national security
needs of the United States, $1,204,626,000, to remain available until
expended: Provided, That none of the funds provided in this paragraph
shall be used to award a new contract that provides for the acquisition
of any of the following major components unless such components are
manufactured in the United States: auxiliary equipment, including
pumps, for all shipboard services; propulsion system components (that
is; engines, reduction gears, and propellers); shipboard cranes; and
spreaders for shipboard cranes: Provided further, That the exercise of
an option in a contract awarded through the obligation of previously
appropriated funds shall not be considered to be the award of a new
contract: Provided further, That the Secretary of the military
department responsible for such procurement may waive the restrictions
in the first proviso on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of Representatives and
the Senate that adequate domestic supplies are not available to meet
Department of Defense requirements on a timely basis and that such an
acquisition must be made in order to acquire capability for national
security purposes.

TITLE VI

OTHER DEPARTMENT OF DEFENSE PROGRAMS

Defense Health Program

For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense, as authorized by law,
$18,171,436,000, of which $17,297,419,000 shall be for Operation and
maintenance, of which not to exceed 2 percent shall remain available
until September 30, 2006, and of which up to $8,953,494,000 may be
available for contracts entered into under the TRICARE program; of
which $367,035,000, to remain available for obligation until September
30, 2007, shall be for Procurement; and of which $506,982,000, to
remain available for obligation until September 30, 2006, shall be for
Research, development, test and evaluation: Provided, That
notwithstanding any other provision of law, of the amount made
available under this heading for Operation and maintenance, $9,500,000
shall remain available until expended, and shall be available only for
deposit into the Army Fisher House Non-Appropriated Fund
Instrumentality and shall be used in support and upkeep of existing
Fisher Houses managed by the Army: Provided further, That
notwithstanding any other provision of law, of the amount made
available under this heading for Research, development, test and
evaluation, not less than $7,500,000 shall be available for HIV
prevention educational activities undertaken in connection with U.S.
military training, exercises, and humanitarian assistance activities
conducted primarily in African nations: Provided further, That Title VI
of the Department of Defense Appropriations Act, 2004, in the
appropriation for the Defense Health Program, is amended by adding
before the period a comma and the following: ``and of which not less
than $4,250,000 shall be available for HIV prevention educational
activities undertaken in connection with U.S. military training,
exercises, and humanitarian assistance activities conducted primarily
in African nations''.

Chemical Agents and Munitions Destruction, Army

For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents
and munitions in accordance with the provisions of section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for
the destruction of other chemical warfare materials that are not in the
chemical weapon stockpile, $1,372,990,000, of which $1,088,801,000
shall be for Operation and maintenance; $78,980,000 shall be for
Procurement to remain available until September 30, 2007; $205,209,000
shall be for Research, development, test and evaluation to remain
available until September 30, 2006; and no less than $137,404,000 may
be for the Chemical Stockpile Emergency Preparedness Program, of which
$44,631,000 shall be for activities on military installations and
$92,773,000 shall be to assist State and local governments.

Drug Interdiction and Counter-Drug Activities, Defense

(including transfer of funds)

For drug interdiction and counter-drug activities of the Department
of Defense, for transfer to appropriations available to the Department
of Defense for military personnel of the reserve components serving
under the provisions of title 10 and title 32, United States Code; for
Operation and maintenance; for Procurement; and for Research,
development, test and evaluation, $906,522,000: Provided, That the
funds appropriated under this heading shall be available for obligation
for the same time period and for the same purpose as the appropriation
to which transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority contained elsewhere in this Act.

Office of the Inspector General

For expenses and activities of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended, $204,562,000, of which $202,362,000 shall be for Operation and
maintenance, of which not to exceed $700,000 is available for
emergencies and extraordinary expenses to be expended on the approval
or authority of the Inspector General, and payments may be made on the
Inspector General's certificate of necessity for confidential military
purposes; and of which $2,100,000, to remain available until September
30, 2007, shall be for Procurement; and of which $100,000, to remain
available until September 30, 2006, shall be for Research, development,
test and evaluation.

TITLE VII

RELATED AGENCIES

Central Intelligence Agency Retirement and Disability System Fund

For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain the proper funding level for
continuing the operation of the Central Intelligence Agency Retirement
and Disability System, $239,400,000.

Intelligence Community Management Account

(including transfer of funds)

For necessary expenses of the Intelligence Community Management
Account, $310,466,000, of which $26,953,000 for the Advanced Research
and Development Committee shall remain available until September 30,
2006: Provided, That of the funds appropriated under this heading,
$39,422,000 shall be transferred to the Department of Justice for the
National Drug Intelligence Center to support the Department of
Defense's counter-drug intelligence responsibilities, and of the said
amount, $1,500,000 for Procurement shall remain available until
September 30, 2007 and $1,000,000 for Research, development, test and
evaluation shall remain available until September 30, 2006: Provided
further, That the National Drug Intelligence Center shall maintain the
personnel and technical resources to provide timely support to law
enforcement authorities and the intelligence community by conducting
document and computer exploitation of materials collected in Federal,
State, and local law enforcement activity associated with counter-drug,
counter-terrorism, and national security investigations and operations.

National Security Education Trust Fund

For the purposes of title VIII of Public Law 102-183, $8,000,000,
to be derived from the National Security Education Trust Fund, to
remain available until expended.

TITLE VIII

GENERAL PROVISIONS

Sec. 8001. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment of, any
person not a citizen of the United States shall not apply to personnel
of the Department of Defense: Provided, That salary increases granted
to direct and indirect hire foreign national employees of the
Department of Defense funded by this Act shall not be at a rate in
excess of the percentage increase authorized by law for civilian
employees of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or at a rate
in excess of the percentage increase provided by the appropriate host
nation to its own employees, whichever is higher: Provided further,
That this section shall not apply to Department of Defense foreign
service national employees serving at United States diplomatic missions
whose pay is set by the Department of State under the Foreign Service
Act of 1980: Provided further, That the limitations of this provision
shall not apply to foreign national employees of the Department of
Defense in the Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year, unless
expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations in this
Act which are limited for obligation during the current fiscal year
shall be obligated during the last 2 months of the fiscal year:
Provided, That this section shall not apply to obligations for support
of active duty training of reserve components or summer camp training
of the Reserve Officers' Training Corps.

(transfer of funds)

Sec. 8005. Upon determination by the Secretary of Defense that such
action is necessary in the national interest, he may, with the approval
of the Office of Management and Budget, transfer not to exceed
$3,500,000,000 of working capital funds of the Department of Defense or
funds made available in this Act to the Department of Defense for
military functions (except military construction) between such
appropriations or funds or any subdivision thereof, to be merged with
and to be available for the same purposes, and for the same time
period, as the appropriation or fund to which transferred: Provided,
That such authority to transfer may not be used unless for higher
priority items, based on unforeseen military requirements, than those
for which originally appropriated and in no case where the item for
which funds are requested has been denied by the Congress: Provided
further, That the Secretary of Defense shall notify the Congress
promptly of all transfers made pursuant to this authority or any other
authority in this Act: Provided further, That no part of the funds in
this Act shall be available to prepare or present a request to the
Committees on Appropriations for reprogramming of funds, unless for
higher priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where the item
for which reprogramming is requested has been denied by the Congress:
Provided further, That a request for multiple reprogrammings of funds
using authority provided in this section must be made prior to June 30,
2005: Provided further, That transfers among military personnel
appropriations shall not be taken into account for purposes of the
limitation on the amount of funds that may be transferred under this
section.

(transfer of funds)

Sec. 8006. During the current fiscal year, cash balances in working
capital funds of the Department of Defense established pursuant to
section 2208 of title 10, United States Code, may be maintained in only
such amounts as are necessary at any time for cash disbursements to be
made from such funds: Provided, That transfers may be made between such
funds: Provided further, That transfers may be made between working
capital funds and the ``Foreign Currency Fluctuations, Defense''
appropriation and the ``Operation and Maintenance'' appropriation
accounts in such amounts as may be determined by the Secretary of
Defense, with the approval of the Office of Management and Budget,
except that such transfers may not be made unless the Secretary of
Defense has notified the Congress of the proposed transfer. Except in
amounts equal to the amounts appropriated to working capital funds in
this Act, no obligations may be made against a working capital fund to
procure or increase the value of war reserve material inventory, unless
the Secretary of Defense has notified the Congress prior to any such
obligation.
Sec. 8007. Funds appropriated by this Act may not be used to
initiate a special access program without prior notification 30
calendar days in session in advance to the congressional defense
committees.
Sec. 8008. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs economic
order quantity procurement in excess of $20,000,000 in any 1 year of
the contract or that includes an unfunded contingent liability in
excess of $20,000,000; or (2) a contract for advance procurement
leading to a multiyear contract that employs economic order quantity
procurement in excess of $20,000,000 in any 1 year, unless the
congressional defense committees have been notified at least 30 days in
advance of the proposed contract award: Provided, That no part of any
appropriation contained in this Act shall be available to initiate a
multiyear contract for which the economic order quantity advance
procurement is not funded at least to the limits of the Government's
liability: Provided further, That no part of any appropriation
contained in this Act shall be available to initiate multiyear
procurement contracts for any systems or component thereof if the value
of the multiyear contract would exceed $500,000,000 unless specifically
provided in this Act: Provided further, That no multiyear procurement
contract can be terminated without 10-day prior notification to the
congressional defense committees: Provided further, That the execution
of multiyear authority shall require the use of a present value
analysis to determine lowest cost compared to an annual procurement:
Provided further, That none of the funds provided in this Act may be
used for a multiyear contract executed after the date of the enactment
of this Act unless in the case of any such contract--
(1) the Secretary of Defense has submitted to Congress a budget
request for full funding of units to be procured through the
contract;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the contractor
associated with the production of unfunded units to be delivered
under the contract;
(3) the contract provides that payments to the contractor under
the contract shall not be made in advance of incurred costs on
funded units; and
(4) the contract does not provide for a price adjustment based
on a failure to award a follow-on contract.
Funds appropriated in title III of this Act may be used for a
multiyear procurement contract as follows:
Lightweight 155mm Howitzer.
Sec. 8009. Within the funds appropriated for the operation and
maintenance of the Armed Forces, funds are hereby appropriated pursuant
to section 401 of title 10, United States Code, for humanitarian and
civic assistance costs under chapter 20 of title 10, United States
Code. Such funds may also be obligated for humanitarian and civic
assistance costs incidental to authorized operations and pursuant to
authority granted in section 401 of chapter 20 of title 10, United
States Code, and these obligations shall be reported as required by
section 401(d) of title 10, United States Code: Provided, That funds
available for operation and maintenance shall be available for
providing humanitarian and similar assistance by using Civic Action
Teams in the Trust Territories of the Pacific Islands and freely
associated states of Micronesia, pursuant to the Compact of Free
Association as authorized by Public Law 99-239: Provided further, That
upon a determination by the Secretary of the Army that such action is
beneficial for graduate medical education programs conducted at Army
medical facilities located in Hawaii, the Secretary of the Army may
authorize the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable basis, for
civilian patients from American Samoa, the Commonwealth of the Northern
Mariana Islands, the Marshall Islands, the Federated States of
Micronesia, Palau, and Guam.
Sec. 8010. (a) During fiscal year 2005, the civilian personnel of
the Department of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal year
shall not be subject to any constraint or limitation (known as an end-
strength) on the number of such personnel who may be employed on the
last day of such fiscal year.
(b) The fiscal year 2006 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2006 Department of Defense budget request
shall be prepared and submitted to the Congress as if subsections (a)
and (b) of this provision were effective with regard to fiscal year
2006.
(c) Nothing in this section shall be construed to apply to military
(civilian) technicians.
Sec. 8011. None of the funds appropriated in this or any other Act
may be used to initiate a new installation overseas without 30-day
advance notification to the Committees on Appropriations.
Sec. 8012. None of the funds made available by this Act shall be
used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before the
Congress.
Sec. 8013. None of the funds appropriated by this Act shall be
available for the basic pay and allowances of any member of the Army
participating as a full-time student and receiving benefits paid by the
Secretary of Veterans Affairs from the Department of Defense Education
Benefits Fund when time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this subsection
shall not apply to those members who have reenlisted with this option
prior to October 1, 1987: Provided further, That this subsection
applies only to active components of the Army.
Sec. 8014. (a) Limitation on Conversion to Contractor
Performance.--None of the funds appropriated by this Act shall be
available to convert to contractor performance an activity or function
of the Department of Defense that, on or after the date of the
enactment of this Act, is performed by more than 10 Department of
Defense civilian employees unless--
(1) the conversion is based on the result of a public-private
competition that includes a most efficient and cost effective
organization plan developed by such activity or function;
(2) the Competitive Sourcing Official determines that, over all
performance periods stated in the solicitation of offers for
performance of the activity or function, the cost of performance of
the activity or function by a contractor would be less costly to
the Department of Defense by an amount that equals or exceeds the
lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity or
function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a proposal
that would reduce costs for the Department of Defense by--
(A) not making an employer-sponsored health insurance plan
available to the workers who are to be employed in the
performance of that activity or function under the contract; or
(B) offering to such workers an employer-sponsored health
benefits plan that requires the employer to contribute less
towards the premium or subscription share than the amount that
is paid by the Department of Defense for health benefits for
civilian employees under chapter 89 of title 5, United States
Code.
(b) Exceptions.--
(1) The Department of Defense, without regard to subsection (a)
of this section or subsections (a), (b), or (c) of section 2461 of
title 10, United States Code, and notwithstanding any
administrative regulation, requirement, or policy to the contrary
shall have full authority to enter into a contract for the
performance of any commercial or industrial type function of the
Department of Defense that--
(A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act (41 U.S.C.
47);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped individuals in
accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by an Indian
tribe, as defined in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(e)),
or a Native Hawaiian Organization, as defined in section
8(a)(15) of the Small Business Act (15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or
contracts for depot maintenance as provided in sections 2469 and
2474 of title 10, United States Code.
(c) Treatment of Conversion.--The conversion of any activity or
function of the Department of Defense under the authority provided by
this section shall be credited toward any competitive or outsourcing
goal, target, or measurement that may be established by statute,
regulation, or policy and is deemed to be awarded under the authority
of, and in compliance with, subsection (h) of section 2304 of title 10,
United States Code, for the competition or outsourcing of commercial
activities.

(transfer of funds)

Sec. 8015. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred
to any other appropriation contained in this Act solely for the purpose
of implementing a Mentor-Protege Program developmental assistance
agreement pursuant to section 831 of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as
amended, under the authority of this provision or any other transfer
authority contained in this Act.
Sec. 8016. None of the funds in this Act may be available for the
purchase by the Department of Defense (and its departments and
agencies) of welded shipboard anchor and mooring chain 4 inches in
diameter and under unless the anchor and mooring chain are manufactured
in the United States from components which are substantially
manufactured in the United States: Provided, That for the purpose of
this section manufactured will include cutting, heat treating, quality
control, testing of chain and welding (including the forging and shot
blasting process): Provided further, That for the purpose of this
section substantially all of the components of anchor and mooring chain
shall be considered to be produced or manufactured in the United States
if the aggregate cost of the components produced or manufactured in the
United States exceeds the aggregate cost of the components produced or
manufactured outside the United States: Provided further, That when
adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis, the Secretary of the service
responsible for the procurement may waive this restriction on a case-
by-case basis by certifying in writing to the Committees on
Appropriations that such an acquisition must be made in order to
acquire capability for national security purposes.
Sec. 8017. None of the funds appropriated by this Act available for
the Civilian Health and Medical Program of the Uniformed Services
(CHAMPUS) or TRICARE shall be available for the reimbursement of any
health care provider for inpatient mental health service for care
received when a patient is referred to a provider of inpatient mental
health care or residential treatment care by a medical or health care
professional having an economic interest in the facility to which the
patient is referred: Provided, That this limitation does not apply in
the case of inpatient mental health services provided under the program
for persons with disabilities under subsection (d) of section 1079 of
title 10, United States Code, provided as partial hospital care, or
provided pursuant to a waiver authorized by the Secretary of Defense
because of medical or psychological circumstances of the patient that
are confirmed by a health professional who is not a Federal employee
after a review, pursuant to rules prescribed by the Secretary, which
takes into account the appropriate level of care for the patient, the
intensity of services required by the patient, and the availability of
that care.
Sec. 8018. Notwithstanding any other provision of law, during the
current fiscal year and hereafter, the Secretary of Defense may, by
executive agreement, establish with host nation governments in NATO
member states a separate account into which such residual value amounts
negotiated in the return of United States military installations in
NATO member states may be deposited, in the currency of the host
nation, in lieu of direct monetary transfers to the United States
Treasury: Provided, That such credits may be utilized only for the
construction of facilities to support United States military forces in
that host nation, or such real property maintenance and base operating
costs that are currently executed through monetary transfers to such
host nations: Provided further, That the Department of Defense's budget
submission for subsequent fiscal years shall identify such sums
anticipated in residual value settlements, and identify such
construction, real property maintenance or base operating costs that
shall be funded by the host nation through such credits: Provided
further, That all military construction projects to be executed from
such accounts must be previously approved in a prior Act of Congress:
Provided further, That each such executive agreement with a NATO member
host nation shall be reported to the congressional defense committees,
the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the Senate 30
days prior to the conclusion and endorsement of any such agreement
established under this provision.
Sec. 8019. None of the funds available to the Department of Defense
may be used to demilitarize or dispose of M-1 Carbines, M-1 Garand
rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or M-1911
pistols.
Sec. 8020. No more than $500,000 of the funds appropriated or made
available in this Act shall be used during a single fiscal year for any
single relocation of an organization, unit, activity or function of the
Department of Defense into or within the National Capital Region:
Provided, That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the best
interest of the Government.
Sec. 8021. In addition to the funds provided elsewhere in this Act,
$8,000,000 is appropriated only for incentive payments authorized by
section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544):
Provided, That a prime contractor or a subcontractor at any tier that
makes a subcontract award to any subcontractor or supplier as defined
in 25 U.S.C. 1544 or a small business owned and controlled by an
individual or individuals defined under 25 U.S.C. 4221(9) shall be
considered a contractor for the purposes of being allowed additional
compensation under section 504 of the Indian Financing Act of 1974 (25
U.S.C. 1544) whenever the prime contract or subcontract amount is over
$500,000 and involves the expenditure of funds appropriated by an Act
making Appropriations for the Department of Defense with respect to any
fiscal year: Provided further, That notwithstanding 41 U.S.C. 430, this
section shall be applicable to any Department of Defense acquisition of
supplies or services, including any contract and any subcontract at any
tier for acquisition of commercial items produced or manufactured, in
whole or in part by any subcontractor or supplier defined in 25 U.S.C.
1544 or a small business owned and controlled by an individual or
individuals defined under 25 U.S.C. 4221(9): Provided further, That
businesses certified as 8(a) by the Small Business Administration
pursuant to section 8(a)(15) of Public Law 85-536, as amended, shall
have the same status as other program participants under section 602 of
Public Law 100-656, 102 Stat. 3825 (Business Opportunity Development
Reform Act of 1988) for purposes of contracting with agencies of the
Department of Defense.
Sec. 8022. None of the funds appropriated by this Act shall be
available to perform any cost study pursuant to the provisions of OMB
Circular A-76 if the study being performed exceeds a period of 24
months after initiation of such study with respect to a single function
activity or 30 months after initiation of such study for a multi-
function activity.
Sec. 8023. Funds appropriated by this Act for the American Forces
Information Service shall not be used for any national or international
political or psychological activities.
Sec. 8024. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may adjust wage rates for civilian
employees hired for certain health care occupations as authorized for
the Secretary of Veterans Affairs by section 7455 of title 38, United
States Code.
Sec. 8025. (a) Of the amount appropriated by title II under the
heading ``Operation and Maintenance, Air Force'', up to $2,500,000 may
be used for the acquisition of Native Allotment F-14589 by the
Secretary of the Air Force in accordance with this section (including
for the appraisal under this section), and for fully compensating the
owners of such allotment for the damages caused to such owners by Air
Force occupancy of property comprising that allotment.
(b) The acquisition under this section may be made only with the
consent of the owners of Native Allotment F-14589 and only for the
appraised fair marked value of that allotment, as determined by the
appraiser under subsection (c).
(c) Not later than 60 days after the date of the enactment of this
Act, the Secretary of the Air Force shall select, jointly with the
owners of Native Allotment F-14589, and retain a qualified appraiser to
appraise the fair market value of that allotment. The appraiser shall
be an appraiser who is independent of the Department of the Air Force
and the owners of the allotment. The Secretary shall ensure that the
appraiser completes the appraisal not later than 180 days after the
date of the enactment of this Act. The Secretary shall pay the costs of
the appraisal.
(d) The Secretary of the Air Force shall complete the acquisition
of Native Allotment F-14589 not later than September 30, 2005, subject
to the conditions set forth in subsection (b).
Sec. 8026. During the current fiscal year, the Department of
Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of title 10,
United States Code, in anticipation of receipt of contributions, only
from the Government of Kuwait, under that section: Provided, That upon
receipt, such contributions from the Government of Kuwait shall be
credited to the appropriations or fund which incurred such obligations.

(including transfer of funds)

Sec. 8027. (a) Of the funds made available in this Act, not less
than $24,971,000 shall be available for the Civil Air Patrol
Corporation, of which--
(1) $21,588,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol Corporation
operation and maintenance, readiness, counterdrug activities, and
drug demand reduction activities involving youth programs;
(2) $2,581,000 shall be available from ``Aircraft Procurement,
Air Force''; and
(3) $802,000 shall be available from ``Other Procurement, Air
Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement for
any funds used by the Civil Air Patrol for counter-drug activities in
support of Federal, State, and local government agencies.
Sec. 8028. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC), either as a
new entity, or as a separate entity administrated by an organization
managing another FFRDC, or as a nonprofit membership corporation
consisting of a consortium of other FFRDCs and other non-profit
entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or any
similar entity of a defense FFRDC, and no paid consultant to any
defense FFRDC, except when acting in a technical advisory capacity, may
be compensated for his or her services as a member of such entity, or
as a paid consultant by more than one FFRDC in a fiscal year: Provided,
That a member of any such entity referred to previously in this
subsection shall be allowed travel expenses and per diem as authorized
under the Federal Joint Travel Regulations, when engaged in the
performance of membership duties.
(c) Notwithstanding any other provision of law, none of the funds
available to the department from any source during fiscal year 2005 may
be used by a defense FFRDC, through a fee or other payment mechanism,
for construction of new buildings, for payment of cost sharing for
projects funded by Government grants, for absorption of contract
overruns, or for certain charitable contributions, not to include
employee participation in community service and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2005, not more than
5,400 staff years of technical effort (staff years) may be funded for
defense FFRDCs: Provided, That of the specific amount referred to
previously in this subsection, not more than 1,050 staff years may be
funded for the defense studies and analysis FFRDCs: Provided further,
That this subsection shall not apply to staff years funded in the
National Foreign Intelligence Program (NFIP).
(e) The Secretary of Defense shall, with the submission of the
department's fiscal year 2006 budget request, submit a report
presenting the specific amounts of staff years of technical effort to
be allocated for each defense FFRDC during that fiscal year.
(f) Notwithstanding any other provision of this Act, the total
amount appropriated in this Act for FFRDCs is hereby reduced by
$125,000,000.
Sec. 8029. None of the funds appropriated or made available in this
Act shall be used to procure carbon, alloy or armor steel plate for use
in any Government-owned facility or property under the control of the
Department of Defense which were not melted and rolled in the United
States or Canada: Provided, That these procurement restrictions shall
apply to any and all Federal Supply Class 9515, American Society of
Testing and Materials (ASTM) or American Iron and Steel Institute
(AISI) specifications of carbon, alloy or armor steel plate: Provided
further, That the Secretary of the military department responsible for
the procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That these
restrictions shall not apply to contracts which are in being as of the
date of the enactment of this Act.
Sec. 8030. For the purposes of this Act, the term ``congressional
defense committees'' means the Armed Services Committee of the House of
Representatives, the Armed Services Committee of the Senate, the
Subcommittee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
Sec. 8031. During the current fiscal year, the Department of
Defense may acquire the modification, depot maintenance and repair of
aircraft, vehicles and vessels as well as the production of components
and other Defense-related articles, through competition between
Department of Defense depot maintenance activities and private firms:
Provided, That the Senior Acquisition Executive of the military
department or Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of all direct
and indirect costs for both public and private bids: Provided further,
That Office of Management and Budget Circular A-76 shall not apply to
competitions conducted under this section.
Sec. 8032. (a)(1) If the Secretary of Defense, after consultation
with the United States Trade Representative, determines that a foreign
country which is party to an agreement described in paragraph (2) has
violated the terms of the agreement by discriminating against certain
types of products produced in the United States that are covered by the
agreement, the Secretary of Defense shall rescind the Secretary's
blanket waiver of the Buy American Act with respect to such types of
products produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the United
States and a foreign country pursuant to which the Secretary of Defense
has prospectively waived the Buy American Act for certain products in
that country.
(b) The Secretary of Defense shall submit to the Congress a report
on the amount of Department of Defense purchases from foreign entities
in fiscal year 2005. Such report shall separately indicate the dollar
value of items for which the Buy American Act was waived pursuant to
any agreement described in subsection (a)(2), the Trade Agreement Act
of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to
which the United States is a party.
(c) For purposes of this section, the term ``Buy American Act''
means title III of the Act entitled ``An Act making appropriations for
the Treasury and Post Office Departments for the fiscal year ending
June 30, 1934, and for other purposes'', approved March 3, 1933 (41
U.S.C. 10a et seq.).
Sec. 8033. Appropriations contained in this Act that remain
available at the end of the current fiscal year, and at the end of each
fiscal year hereafter, as a result of energy cost savings realized by
the Department of Defense shall remain available for obligation for the
next fiscal year to the extent, and for the purposes, provided in
section 2865 of title 10, United States Code.

(including transfer of funds)

Sec. 8034. Amounts deposited during the current fiscal year and
hereafter to the special account established under 40 U.S.C.
572(b)(5)(A) and to the special account established under 10 U.S.C.
2667(d)(1) are appropriated and shall be available until transferred by
the Secretary of Defense to current applicable appropriations or funds
of the Department of Defense under the terms and conditions specified
by 40 U.S.C. 572(b)(5)(B) and 10 U.S.C. 2667(d)(1)(B), to be merged
with and to be available for the same time period and the same purposes
as the appropriation to which transferred.
Sec. 8035. None of the funds appropriated in this Act shall be used
to study, demonstrate, or implement any plans privatizing, divesting or
transferring of any Civil Works missions, functions, or
responsibilities for the United States Army Corps of Engineers to other
government agencies without specific direction in a subsequent Act of
Congress.
Sec. 8036. The President shall include with each budget for a
fiscal year submitted to the Congress under section 1105 of title 31,
United States Code, materials that shall identify clearly and
separately the amounts requested in the budget for appropriation for
that fiscal year for salaries and expenses related to administrative
activities of the Department of Defense, the military departments, and
the defense agencies.
Sec. 8037. Notwithstanding any other provision of law, funds
available during the current fiscal year and hereafter for ``Drug
Interdiction and Counter-Drug Activities, Defense'' may be obligated
for the Young Marines program.

(including transfer of funds)

Sec. 8038. During the current fiscal year, amounts contained in the
Department of Defense Overseas Military Facility Investment Recovery
Account established by section 2921(c)(1) of the National Defense
Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687 note)
shall be available until expended for the payments specified by section
2921(c)(2) of that Act.
Sec. 8039. (a) In General.--Notwithstanding any other provision of
law, the Secretary of the Air Force may convey at no cost to the Air
Force, without consideration, to Indian tribes located in the States of
North Dakota, South Dakota, Montana, and Minnesota relocatable military
housing units located at Grand Forks Air Force Base and Minot Air Force
Base that are excess to the needs of the Air Force.
(b) Processing of Requests.--The Secretary of the Air Force shall
convey, at no cost to the Air Force, military housing units under
subsection (a) in accordance with the request for such units that are
submitted to the Secretary by the Operation Walking Shield Program on
behalf of Indian tribes located in the States of North Dakota, South
Dakota, Montana, and Minnesota.
(c) Resolution of Housing Unit Conflicts.--The Operation Walking
Shield Program shall resolve any conflicts among requests of Indian
tribes for housing units under subsection (a) before submitting
requests to the Secretary of the Air Force under subsection (b).
(d) Indian Tribe Defined.--In this section, the term ``Indian
tribe'' means any recognized Indian tribe included on the current list
published by the Secretary of the Interior under section 104 of the
Federally Recognized Indian Tribe Act of 1994 (Public Law 103-454; 108
Stat. 4792; 25 U.S.C. 479a-1).
Sec. 8040. During the current fiscal year, appropriations which are
available to the Department of Defense for operation and maintenance
may be used to purchase items having an investment item unit cost of
not more than $250,000.
Sec. 8041. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense Working
Capital Funds shall be used for the purchase of an investment item for
the purpose of acquiring a new inventory item for sale or anticipated
sale during the current fiscal year or a subsequent fiscal year to
customers of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of Defense
Business Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current fiscal
year to appropriations made to the Department of Defense for
procurement.
(b) The fiscal year 2006 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2006 Department of Defense budget shall be
prepared and submitted to the Congress on the basis that any equipment
which was classified as an end item and funded in a procurement
appropriation contained in this Act shall be budgeted for in a proposed
fiscal year 2006 procurement appropriation and not in the supply
management business area or any other area or category of the
Department of Defense Working Capital Funds.
Sec. 8042. None of the funds appropriated by this Act for programs
of the Central Intelligence Agency shall remain available for
obligation beyond the current fiscal year, except for funds
appropriated for the Reserve for Contingencies, which shall remain
available until September 30, 2006: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intelligence Agency
Central Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended: Provided
further, That any funds appropriated or transferred to the Central
Intelligence Agency for advanced research and development acquisition,
for agent operations, and for covert action programs authorized by the
President under section 503 of the National Security Act of 1947, as
amended, shall remain available until September 30, 2006.
Sec. 8043. Notwithstanding any other provision of law, funds made
available in this Act for the Defense Intelligence Agency may be used
for the design, development, and deployment of General Defense
Intelligence Program intelligence communications and intelligence
information systems for the Services, the Unified and Specified
Commands, and the component commands.
Sec. 8044. Of the funds appropriated to the Department of Defense
under the heading ``Operation and Maintenance, Defense-Wide'', not less
than $10,000,000 shall be made available only for the mitigation of
environmental impacts, including training and technical assistance to
tribes, related administrative support, the gathering of information,
documenting of environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of Defense
activities.
Sec. 8045. (a) None of the funds appropriated in this Act may be
expended by an entity of the Department of Defense unless the entity,
in expending the funds, complies with the Buy American Act. For
purposes of this subsection, the term ``Buy American Act'' means title
III of the Act entitled ``An Act making appropriations for the Treasury
and Post Office Departments for the fiscal year ending June 30, 1934,
and for other purposes'', approved March 3, 1933 (41 U.S.C. 10a et
seq.).
(b) If the Secretary of Defense determines that a person has been
convicted of intentionally affixing a label bearing a ``Made in
America'' inscription to any product sold in or shipped to the United
States that is not made in America, the Secretary shall determine, in
accordance with section 2410f of title 10, United States Code, whether
the person should be debarred from contracting with the Department of
Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress
that any entity of the Department of Defense, in expending the
appropriation, purchase only American-made equipment and products,
provided that American-made equipment and products are cost-
competitive, quality-competitive, and available in a timely fashion.
Sec. 8046. None of the funds appropriated by this Act shall be
available for a contract for studies, analysis, or consulting services
entered into without competition on the basis of an unsolicited
proposal unless the head of the activity responsible for the
procurement determines--
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an unsolicited
proposal which offers significant scientific or technological
promise, represents the product of original thinking, and was
submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of unique
and significant industrial accomplishment by a specific concern, or
to insure that a new product or idea of a specific concern is given
financial support: Provided, That this limitation shall not apply
to contracts in an amount of less than $25,000, contracts related
to improvements of equipment that is in development or production,
or contracts as to which a civilian official of the Department of
Defense, who has been confirmed by the Senate, determines that the
award of such contract is in the interest of the national defense.
Sec. 8047. (a) Except as provided in subsection (b) and (c), none
of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or employee's
place of duty remains at the location of that headquarters.
(b) The Secretary of Defense or Secretary of a military department
may waive the limitations in subsection (a), on a case-by-case basis,
if the Secretary determines, and certifies to the Committees on
Appropriations of the House of Representatives and Senate that the
granting of the waiver will reduce the personnel requirements or the
financial requirements of the department.
(c) This section does not apply to field operating agencies funded
within the National Foreign Intelligence Program.

(including transfer of funds)

Sec. 8048. (a) Upon a determination by the Secretary of the Navy
that the vessel USNS Capable (T-AGOS 16) is no longer needed by the
Navy, the Secretary shall transfer such vessel to the National Oceanic
and Atmospheric Administration as an exploration and research ship.
(b) Upon a transfer of the vessel USNS Capable (T-AGOS 16) under
subsection (a), the Secretary of the Navy shall transfer to the
Secretary of Commerce $18,000,000 out of funds appropriated by title IV
under the heading ``Research, Development, Test and Evaluation, Navy''.
The amount so transferred shall be available to the National
Oceanographic and Atmospheric Administration for the conversion of the
vessel for use as an exploration and research ship.

(rescissions)

Sec. 8049. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts:
``Shipbuilding and Conversion, Navy, 2002/2006'', $14,000,000;
``Former Soviet Union Threat Reduction, 2003/2005'',
$50,000,000;
``Aircraft Procurement, Navy, 2003/2005'', $50,000,000;
``Aircraft Procurement, Air Force, 2003/2005'', $50,000,000;
``Other Procurement, Army, 2004/2006'', $16,000,000;
``Aircraft Procurement, Navy, 2004/2006'', $32,800,000;
``Shipbuilding and Conversion, Navy, 2004/2008'', $10,300,000;
``Weapons Procurement, Navy, 2004/2006'', $25,200,000;
``Other Procurement, Navy, 2004/2006'', $41,700,000;
``Procurement, Marine Corps, 2004/2006'', $40,200,000;
``Other Procurement, Air Force, 2004/2006'', $100,000,000;
``Procurement, Defense-Wide, 2004/2006'', $34,571,000;
``Research, Development, Test and Evaluation, Army, 2004/
2005'', $30,000,000;
``Research, Development, Test and Evaluation, Navy, 2004/
2005'', $148,500,000;
``Research, Development, Test and Evaluation, Air Force, 2004/
2005'', $57,666,000; and
``Research, Development, Test and Evaluation, Defense-Wide,
2004/2005'', $78,700,000.
Sec. 8050. None of the funds available in this Act may be used to
reduce the authorized positions for military (civilian) technicians of
the Army National Guard, the Air National Guard, Army Reserve and Air
Force Reserve for the purpose of applying any administratively imposed
civilian personnel ceiling, freeze, or reduction on military (civilian)
technicians, unless such reductions are a direct result of a reduction
in military force structure.
Sec. 8051. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance to
the Democratic People's Republic of North Korea unless specifically
appropriated for that purpose.
Sec. 8052. During the current fiscal year and hereafter, funds
appropriated in this Act are available to compensate members of the
National Guard for duty performed pursuant to a plan submitted by a
Governor of a State and approved by the Secretary of Defense under
section 112 of title 32, United States Code: Provided, That during the
performance of such duty, the members of the National Guard shall be
under State command and control: Provided further, That such duty shall
be treated as full-time National Guard duty for purposes of sections
12602(a)(2) and (b)(2) of title 10, United States Code.
Sec. 8053. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands and Defense
Agencies shall be available for reimbursement of pay, allowances and
other expenses which would otherwise be incurred against appropriations
for the National Guard and Reserve when members of the National Guard
and Reserve provide intelligence or counterintelligence support to
Combatant Commands, Defense Agencies and Joint Intelligence Activities,
including the activities and programs included within the National
Foreign Intelligence Program (NFIP), the Joint Military Intelligence
Program (JMIP), and the Tactical Intelligence and Related Activities
(TIARA) aggregate: Provided, That nothing in this section authorizes
deviation from established Reserve and National Guard personnel and
training procedures.
Sec. 8054. During the current fiscal year, none of the funds
appropriated in this Act may be used to reduce the civilian medical and
medical support personnel assigned to military treatment facilities
below the September 30, 2003 level: Provided, That the Service Surgeons
General may waive this section by certifying to the congressional
defense committees that the beneficiary population is declining in some
catchment areas and civilian strength reductions may be consistent with
responsible resource stewardship and capitation-based budgeting.
Sec. 8055. (a) Limitation on Pentagon Renovation Costs.--Not later
than the date each year on which the President submits to Congress the
budget under section 1105 of title 31, United States Code, the
Secretary of Defense shall submit to Congress a certification that the
total cost for the planning, design, construction, and installation of
equipment for the renovation of wedges 2 through 5 of the Pentagon
Reservation, cumulatively, will not exceed four times the total cost
for the planning, design, construction, and installation of equipment
for the renovation of wedge 1.
(b) Annual Adjustment.--For purposes of applying the limitation in
subsection (a), the Secretary shall adjust the cost for the renovation
of wedge 1 by any increase or decrease in costs attributable to
economic inflation, based on the most recent economic assumptions
issued by the Office of Management and Budget for use in preparation of
the budget of the United States under section 1104 of title 31, United
States Code.
(c) Exclusion of Certain Costs.--For purposes of calculating the
limitation in subsection (a), the total cost for wedges 2 through 5
shall not include--
(1) any repair or reconstruction cost incurred as a result of
the terrorist attack on the Pentagon that occurred on September 11,
2001;
(2) any increase in costs for wedges 2 through 5 attributable
to compliance with new requirements of Federal, State, or local
laws; and
(3) any increase in costs attributable to additional security
requirements that the Secretary of Defense considers essential to
provide a safe and secure working environment.
(d) Certification Cost Reports.--As part of the annual
certification under subsection (a), the Secretary shall report the
projected cost (as of the time of the certification) for--
(1) the renovation of each wedge, including the amount adjusted
or otherwise excluded for such wedge under the authority of
paragraphs (2) and (3) of subsection (c) for the period covered by
the certification; and
(2) the repair and reconstruction of wedges 1 and 2 in response
to the terrorist attack on the Pentagon that occurred on September
11, 2001.
(e) Duration of Certification Requirement.--The requirement to make
an annual certification under subsection (a) shall apply until the
Secretary certifies to Congress that the renovation of the Pentagon
Reservation is completed.
Sec. 8056. Notwithstanding any other provision of law, that not
more than 35 percent of funds provided in this Act for environmental
remediation may be obligated under indefinite delivery/indefinite
quantity contracts with a total contract value of $130,000,000 or
higher.
Sec. 8057. (a) None of the funds available to the Department of
Defense for any fiscal year for drug interdiction or counter-drug
activities may be transferred to any other department or agency of the
United States except as specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence Agency
for any fiscal year for drug interdiction and counter-drug activities
may be transferred to any other department or agency of the United
States except as specifically provided in an appropriations law.

(transfer of funds)

Sec. 8058. Appropriations available under the heading ``Operation
and Maintenance, Defense-Wide'' for the current fiscal year and
hereafter for increasing energy and water efficiency in Federal
buildings may, during their period of availability, be transferred to
other appropriations or funds of the Department of Defense for projects
related to increasing energy and water efficiency, to be merged with
and to be available for the same general purposes, and for the same
time period, as the appropriation or fund to which transferred.
Sec. 8059. None of the funds appropriated by this Act may be used
for the procurement of ball and roller bearings other than those
produced by a domestic source and of domestic origin: Provided, That
the Secretary of the military department responsible for such
procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate, that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That this
restriction shall not apply to the purchase of ``commercial items'', as
defined by section 4(12) of the Office of Federal Procurement Policy
Act, except that the restriction shall apply to ball or roller bearings
purchased as end items.
Sec. 8060. Notwithstanding any other provision of law, funds
available to the Department of Defense shall be made available to
provide transportation of medical supplies and equipment, on a
nonreimbursable basis, to American Samoa, and funds available to the
Department of Defense shall be made available to provide transportation
of medical supplies and equipment, on a nonreimbursable basis, to the
Indian Health Service when it is in conjunction with a civil-military
project.
Sec. 8061. None of the funds in this Act may be used to purchase
any supercomputer which is not manufactured in the United States,
unless the Secretary of Defense certifies to the congressional defense
committees that such an acquisition must be made in order to acquire
capability for national security purposes that is not available from
United States manufacturers.
Sec. 8062. Notwithstanding any other provision of law, each
contract awarded by the Department of Defense during the current fiscal
year for construction or service performed in whole or in part in a
State (as defined in section 381(d) of title 10, United States Code)
which is not contiguous with another State and has an unemployment rate
in excess of the national average rate of unemployment as determined by
the Secretary of Labor, shall include a provision requiring the
contractor to employ, for the purpose of performing that portion of the
contract in such State that is not contiguous with another State,
individuals who are residents of such State and who, in the case of any
craft or trade, possess or would be able to acquire promptly the
necessary skills: Provided, That the Secretary of Defense may waive the
requirements of this section, on a case-by-case basis, in the interest
of national security.
Sec. 8063. None of the funds made available in this or any other
Act may be used to pay the salary of any officer or employee of the
Department of Defense who approves or implements the transfer of
administrative responsibilities or budgetary resources of any program,
project, or activity financed by this Act to the jurisdiction of
another Federal agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation shall not
apply to transfers of funds expressly provided for in Defense
Appropriations Acts, or provisions of Acts providing supplemental
appropriations for the Department of Defense.
Sec. 8064. (a) Limitation on Transfer of Defense Articles and
Services.--Notwithstanding any other provision of law, none of the
funds available to the Department of Defense for the current fiscal
year may be obligated or expended to transfer to another nation or an
international organization any defense articles or services (other than
intelligence services) for use in the activities described in
subsection (b) unless the congressional defense committees, the
Committee on International Relations of the House of Representatives,
and the Committee on Foreign Relations of the Senate are notified 15
days in advance of such transfer.
(b) Covered Activities.--This section applies to--
(1) any international peacekeeping or peace-enforcement
operation under the authority of chapter VI or chapter VII of the
United Nations Charter under the authority of a United Nations
Security Council resolution; and
(2) any other international peacekeeping, peace-enforcement, or
humanitarian assistance operation.
(c) Required Notice.--A notice under subsection (a) shall include
the following:
(1) A description of the equipment, supplies, or services to be
transferred.
(2) A statement of the value of the equipment, supplies, or
services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies--
(A) a statement of whether the inventory requirements of
all elements of the Armed Forces (including the reserve
components) for the type of equipment or supplies to be
transferred have been met; and
(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how the
President proposes to provide funds for such replacement.
Sec. 8065. To the extent authorized by subchapter VI of chapter 148
of title 10, United States Code, for the current fiscal year and
hereafter the Secretary of Defense may issue loan guarantees in support
of United States defense exports not otherwise provided for: Provided,
That the total contingent liability of the United States for guarantees
issued under the authority of this section may not exceed
$15,000,000,000: Provided further, That the exposure fees charged and
collected by the Secretary for each guarantee shall be paid by the
country involved and shall not be financed as part of a loan guaranteed
by the United States: Provided further, That the Secretary shall
provide quarterly reports to the Committees on Appropriations, Armed
Services, and Foreign Relations of the Senate and the Committees on
Appropriations, Armed Services, and International Relations in the
House of Representatives on the implementation of this program:
Provided further, That amounts charged for administrative fees and
deposited to the special account provided for under section 2540c(d) of
title 10, shall be available for paying the costs of administrative
expenses of the Department of Defense that are attributable to the loan
guarantee program under subchapter VI of chapter 148 of title 10,
United States Code.
Sec. 8066. None of the funds available to the Department of Defense
under this Act shall be obligated or expended to pay a contractor under
a contract with the Department of Defense for costs of any amount paid
by the contractor to an employee when--
(1) such costs are for a bonus or otherwise in excess of the
normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated with a
business combination.
Sec. 8067. Funds appropriated for the Department of Defense and for
intelligence activities in this Act are available for transfer to the
Department of State as remittance for a fee charged by the Department
of State for fiscal year 2005 for the maintenance, upgrade, or
construction of United States diplomatic facilities only to the extent
that the amount of the fee so charged (when added to other amounts of
such fees previously charged for that fiscal year) exceeds the total
amount of the unreimbursed costs incurred by the departments and
agencies funded by this Act during that fiscal year in providing goods
and services to the Department of State.

(including transfer of funds)

Sec. 8068. During the current fiscal year, no more than $30,000,000
of appropriations made in this Act under the heading ``Operation and
Maintenance, Defense-Wide'' may be transferred to appropriations
available for the pay of military personnel, to be merged with, and to
be available for the same time period as the appropriations to which
transferred, to be used in support of such personnel in connection with
support and services for eligible organizations and activities outside
the Department of Defense pursuant to section 2012 of title 10, United
States Code.
Sec. 8069. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the period
of availability for obligation has expired or which has closed under
the provisions of section 1552 of title 31, United States Code, and
which has a negative unliquidated or unexpended balance, an obligation
or an adjustment of an obligation may be charged to any current
appropriation account for the same purpose as the expired or closed
account if--
(1) the obligation would have been properly chargeable (except
as to amount) to the expired or closed account before the end of
the period of availability or closing of that account;
(2) the obligation is not otherwise properly chargeable to any
current appropriation account of the Department of Defense; and
(3) in the case of an expired account, the obligation is not
chargeable to a current appropriation of the Department of Defense
under the provisions of section 1405(b)(8) of the National Defense
Authorization Act for Fiscal Year 1991, Public Law 101-510, as
amended (31 U.S.C. 1551 note): Provided, That in the case of an
expired account, if subsequent review or investigation discloses
that there was not in fact a negative unliquidated or unexpended
balance in the account, any charge to a current account under the
authority of this section shall be reversed and recorded against
the expired account: Provided further, That the total amount
charged to a current appropriation under this section may not
exceed an amount equal to 1 percent of the total appropriation for
that account.
Sec. 8070. Hereafter, funds appropriated for Operation and
maintenance and for the Defense Health Program in this Act, and in
future appropriations acts for the Department of Defense, for
supervision and administration costs for facilities maintenance and
repair, minor construction, or design projects, or any planning
studies, environmental assessments, or similar activities related to
installation support functions, may be obligated at the time the
reimbursable order is accepted by the performing activity: Provided,
That for the purpose of this section, supervision and administration
costs includes all in-house Government cost.
Sec. 8071. (a) Notwithstanding any other provision of law, the
Chief of the National Guard Bureau may permit the use of equipment of
the National Guard Distance Learning Project by any person or entity on
a space-available, reimbursable basis. The Chief of the National Guard
Bureau shall establish the amount of reimbursement for such use on a
case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited to
funds available for the National Guard Distance Learning Project and be
available to defray the costs associated with the use of equipment of
the project under that subsection. Such funds shall be available for
such purposes without fiscal year limitation.
Sec. 8072. Using funds available by this Act or any other Act, the
Secretary of the Air Force, pursuant to a determination under section
2690 of title 10, United States Code, may implement cost-effective
agreements for required heating facility modernization in the
Kaiserslautern Military Community in the Federal Republic of Germany:
Provided, That in the City of Kaiserslautern such agreements will
include the use of United States anthracite as the base load energy for
municipal district heat to the United States Defense installations:
Provided further, That at Landstuhl Army Regional Medical Center and
Ramstein Air Base, furnished heat may be obtained from private,
regional or municipal services, if provisions are included for the
consideration of United States coal as an energy source.
Sec. 8073. None of the funds appropriated in title IV of this Act
may be used to procure end-items for delivery to military forces for
operational training, operational use or inventory requirements:
Provided, That this restriction does not apply to end-items used in
development, prototyping, and test activities preceding and leading to
acceptance for operational use: Provided further, That this restriction
does not apply to programs funded within the National Foreign
Intelligence Program: Provided further, That the Secretary of Defense
may waive this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that it is in the national security
interest to do so.
Sec. 8074. None of the funds made available in this Act may be used
to approve or license the sale of the F-22 advanced tactical fighter to
any foreign government.
Sec. 8075. (a) The Secretary of Defense may, on a case-by-case
basis, waive with respect to a foreign country each limitation on the
procurement of defense items from foreign sources provided in law if
the Secretary determines that the application of the limitation with
respect to that country would invalidate cooperative programs entered
into between the Department of Defense and the foreign country, or
would invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 2531 of title 10, United
States Code, and the country does not discriminate against the same or
similar defense items produced in the United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before such
date if the option prices are adjusted for any reason other than
the application of a waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section 11 (chapters 50-65)
of the Harmonized Tariff Schedule and products classified under
headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through
7229, 7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108,
8109, 8211, 8215, and 9404.
Sec. 8076. (a) Prohibition.--None of the funds made available by
this Act may be used to support any training program involving a unit
of the security forces of a foreign country if the Secretary of Defense
has received credible information from the Department of State that the
unit has committed a gross violation of human rights, unless all
necessary corrective steps have been taken.
(b) Monitoring.--The Secretary of Defense, in consultation with the
Secretary of State, shall ensure that prior to a decision to conduct
any training program referred to in subsection (a), full consideration
is given to all credible information available to the Department of
State relating to human rights violations by foreign security forces.
(c) Waiver.--The Secretary of Defense, after consultation with the
Secretary of State, may waive the prohibition in subsection (a) if he
determines that such waiver is required by extraordinary circumstances.
(d) Report.--Not more than 15 days after the exercise of any waiver
under subsection (c), the Secretary of Defense shall submit a report to
the congressional defense committees describing the extraordinary
circumstances, the purpose and duration of the training program, the
United States forces and the foreign security forces involved in the
training program, and the information relating to human rights
violations that necessitates the waiver.
Sec. 8077. (a) The Secretary of Defense, in coordination with the
Secretary of Health and Human Services, may carry out a program to
distribute surplus dental and medical equipment of the Department of
Defense, at no cost to the Department of Defense, to Indian Health
Service facilities and to federally-qualified health centers (within
the meaning of section 1905(l)(2)(B) of the Social Security Act (42
U.S.C. 1396d(l)(2)(B))).
(b) In carrying out this provision, the Secretary of Defense shall
give the Indian Health Service a property disposal priority equal to
the priority given to the Department of Defense and its twelve special
screening programs in distribution of surplus dental and medical
supplies and equipment.
Sec. 8078. None of the funds appropriated or made available in this
Act to the Department of the Navy shall be used to develop, lease or
procure the T-AKE class of ships unless the main propulsion diesel
engines and propulsors are manufactured in the United States by a
domestically operated entity: Provided, That the Secretary of Defense
may waive this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic supplies are not
available to meet Department of Defense requirements on a timely basis
and that such an acquisition must be made in order to acquire
capability for national security purposes or there exists a significant
cost or quality difference.
Sec. 8079. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations Acts
may be obligated or expended for the purpose of performing repairs or
maintenance to military family housing units of the Department of
Defense, including areas in such military family housing units that may
be used for the purpose of conducting official Department of Defense
business.
Sec. 8080. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ``Research, Development,
Test and Evaluation, Defense-Wide'' for any advanced concept technology
demonstration project may only be obligated 30 days after a report,
including a description of the project, the planned acquisition and
transition strategy and its estimated annual and total cost, has been
provided in writing to the congressional defense committees: Provided,
That the Secretary of Defense may waive this restriction on a case-by-
case basis by certifying to the congressional defense committees that
it is in the national interest to do so.
Sec. 8081. The Secretary of Defense shall provide a classified
quarterly report, beginning 30 days after enactment of this Act, to the
House and Senate Appropriations Committees, Subcommittees on Defense on
certain matters as directed in the classified annex accompanying this
Act.
Sec. 8082. During the current fiscal year, refunds attributable to
the use of the Government travel card, refunds attributable to the use
of the Government Purchase Card and refunds attributable to official
Government travel arranged by Government Contracted Travel Management
Centers may be credited to operation and maintenance, and research,
development, test and evaluation accounts of the Department of Defense
which are current when the refunds are received.
Sec. 8083. (a) Registering Financial Management Information
Technology Systems With DOD Chief Information Officer.--None of the
funds appropriated in this Act may be used for a mission critical or
mission essential financial management information technology system
(including a system funded by the defense working capital fund) that is
not registered with the Chief Information Officer of the Department of
Defense. A system shall be considered to be registered with that
officer upon the furnishing to that officer of notice of the system,
together with such information concerning the system as the Secretary
of Defense may prescribe. A financial management information technology
system shall be considered a mission critical or mission essential
information technology system as defined by the Under Secretary of
Defense (Comptroller).
(b) Certifications as to Compliance With Financial Management
Modernization Plan.--
(1) During the current fiscal year, a financial management
automated information system, a mixed information system supporting
financial and non-financial systems, or a system improvement of
more than $1,000,000 may not receive Milestone A approval,
Milestone B approval, or full rate production, or their equivalent,
within the Department of Defense until the Under Secretary of
Defense (Comptroller) certifies, with respect to that milestone,
that the system is being developed and managed in accordance with
the Department's Financial Management Modernization Plan. The Under
Secretary of Defense (Comptroller) may require additional
certifications, as appropriate, with respect to any such system.
(2) The Chief Information Officer shall provide the
congressional defense committees timely notification of
certifications under paragraph (1).
(c) Certifications as to Compliance With Clinger-Cohen Act.--
(1) During the current fiscal year, a major automated
information system may not receive Milestone A approval, Milestone
B approval, or full rate production approval, or their equivalent,
within the Department of Defense until the Chief Information
Officer certifies, with respect to that milestone, that the system
is being developed in accordance with the Clinger-Cohen Act of 1996
(40 U.S.C. 1401 et seq.). The Chief Information Officer may require
additional certifications, as appropriate, with respect to any such
system.
(2) The Chief Information Officer shall provide the
congressional defense committees timely notification of
certifications under paragraph (1). Each such notification shall
include, at a minimum, the funding baseline and milestone schedule
for each system covered by such a certification and confirmation
that the following steps have been taken with respect to the
system:
(A) Business process reengineering.
(B) An analysis of alternatives.
(C) An economic analysis that includes a calculation of the
return on investment.
(D) Performance measures.
(E) An information assurance strategy consistent with the
Department's Global Information Grid.
(d) Definitions.--For purposes of this section:
(1) The term ``Chief Information Officer'' means the senior
official of the Department of Defense designated by the Secretary
of Defense pursuant to section 3506 of title 44, United States
Code.
(2) The term ``information technology system'' has the meaning
given the term ``information technology'' in section 5002 of the
Clinger-Cohen Act of 1996 (40 U.S.C. 1401).
Sec. 8084. During the current fiscal year, none of the funds
available to the Department of Defense may be used to provide support
to another department or agency of the United States if such department
or agency is more than 90 days in arrears in making payment to the
Department of Defense for goods or services previously provided to such
department or agency on a reimbursable basis: Provided, That this
restriction shall not apply if the department is authorized by law to
provide support to such department or agency on a nonreimbursable
basis, and is providing the requested support pursuant to such
authority: Provided further, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying in writing to
the Committees on Appropriations of the House of Representatives and
the Senate that it is in the national security interest to do so.
Sec. 8085. None of the funds provided in this Act may be used to
transfer to any nongovernmental entity ammunition held by the
Department of Defense that has a center-fire cartridge and a United
States military nomenclature designation of ``armor penetrator'',
``armor piercing (AP)'', ``armor piercing incendiary (API)'', or
``armor-piercing incendiary-tracer (API-T)'', except to an entity
performing demilitarization services for the Department of Defense
under a contract that requires the entity to demonstrate to the
satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by the
demilitarization process; or (2) used to manufacture ammunition
pursuant to a contract with the Department of Defense or the
manufacture of ammunition for export pursuant to a License for
Permanent Export of Unclassified Military Articles issued by the
Department of State.
Sec. 8086. Notwithstanding any other provision of law, the Chief of
the National Guard Bureau, or his designee, may waive payment of all or
part of the consideration that otherwise would be required under 10
U.S.C. 2667, in the case of a lease of personal property for a period
not in excess of 1 year to any organization specified in 32 U.S.C.
508(d), or any other youth, social, or fraternal non-profit
organization as may be approved by the Chief of the National Guard
Bureau, or his designee, on a case-by-case basis.
Sec. 8087. None of the funds appropriated by this Act shall be used
for the support of any nonappropriated funds activity of the Department
of Defense that procures malt beverages and wine with nonappropriated
funds for resale (including such alcoholic beverages sold by the drink)
on a military installation located in the United States unless such
malt beverages and wine are procured within that State, or in the case
of the District of Columbia, within the District of Columbia, in which
the military installation is located: Provided, That in a case in which
the military installation is located in more than one State, purchases
may be made in any State in which the installation is located: Provided
further, That such local procurement requirements for malt beverages
and wine shall apply to all alcoholic beverages only for military
installations in States which are not contiguous with another State:
Provided further, That alcoholic beverages other than wine and malt
beverages, in contiguous States and the District of Columbia shall be
procured from the most competitive source, price and other factors
considered.
Sec. 8088. Up to $3,000,000 of the funds appropriated under the
heading ``Operation and Maintenance, Navy'' in this Act for the Pacific
Missile Range Facility may be made available to contract for the
repair, maintenance, and operation of adjacent off-base water,
drainage, and flood control systems, electrical upgrade to support
additional missions critical to base operations, and support for a
range footprint expansion to further guard against encroachment.
Sec. 8089. Funds available to the Department of Defense for the
Global Positioning System during the current fiscal year may be used to
fund civil requirements associated with the satellite and ground
control segments of such system's modernization program.

(including transfer of funds)

Sec. 8090. (a) Of the amounts appropriated in this Act under the
heading, ``Research, Development, Test and Evaluation, Defense-Wide'',
$60,000,000 shall remain available until expended: Provided, That
notwithstanding any other provision of law, the Secretary of Defense is
authorized to transfer such funds to other activities of the Federal
Government.
(b) Of the amounts appropriated in this Act under the heading,
``Operation and Maintenance, Army'', $185,000,000 shall remain
available until expended: Provided, That notwithstanding any other
provision of law, the Secretary of Defense is authorized to transfer
such funds to other activities of the Federal Government: Provided
further, That the Secretary of Defense is authorized to enter into and
carry out contracts for the acquisition of real property, construction,
personal services, and operations related to projects described in
further detail in the Classified Annex accompanying the Department of
Defense Appropriations Act, 2005, consistent with the terms and
conditions set forth therein: Provided further, That contracts entered
into under the authority of this section may provide for such
indemnification as the Secretary determines to be necessary: Provided
further, That projects authorized by this section shall comply with
applicable Federal, State, and local law to the maximum extent
consistent with the national security, as determined by the Secretary
of Defense.
Sec. 8091. Section 8106 of the Department of Defense Appropriations
Act, 1997 (titles I through VIII of the matter under subsection 101(b)
of Public Law 104-208; 110 Stat. 3009-111; 10 U.S.C. 113 note) shall
continue in effect to apply to disbursements that are made by the
Department of Defense in fiscal year 2005.
Sec. 8092. (a) Of the amounts appropriated in this Act under the
heading ``Research, Development, Test and Evaluation, Navy'',
$214,678,000 shall be available for the construction of the first
prototype vessel under the Littoral Combat Ship program.
(b) None of the funds provided in this Act may be obligated to
prepare a fiscal year 2006 budget request for a third vessel under the
Littoral Combat Ship program in fiscal year 2006: Provided, That funds
for the second vessel shall be for a second source supplier: Provided
further, That all subsequent ships shall be purchased with
``Shipbuilding and Conversion, Navy'' funds beginning in fiscal year
2007.
Sec. 8093. In addition to amounts provided elsewhere in this Act,
$2,000,000 is hereby appropriated for ``Defense Health Program'', to
remain available for obligation until expended: Provided, That
notwithstanding any other provision of law, these funds shall be
available only for a grant to the Fisher House Foundation, Inc., only
for the construction and furnishing of additional Fisher Houses to meet
the needs of military family members when confronted with the illness
or hospitalization of an eligible military beneficiary.
Sec. 8094. Amounts appropriated in title II of this Act are hereby
reduced by $300,000,000 to reflect savings attributable to efficiencies
and management improvements in the funding of miscellaneous or other
contracts in the military departments, as follows:
(1) From ``Operation and Maintenance, Army'', $66,700,000.
(2) From ``Operation and Maintenance, Navy'', $77,900,000.
(3) From ``Operation and Maintenance, Marine Corps'',
$6,100,000.
(4) From ``Operation and Maintenance, Air Force'',
$149,300,000.
Sec. 8095. The total amount appropriated or otherwise made
available in this Act is hereby reduced by $500,000,000 to limit
excessive growth in the procurement of advisory and assistance
services, to be distributed as follows:
``Operation and Maintenance, Army'', $25,000,000;
``Operation and Maintenance, Defense-Wide'', $225,000,000;
``Research, Development, Test and Evaluation, Army'',
$50,000,000; and
``Research, Development, Test and Evaluation, Defense-Wide'',
$200,000,000.

(including transfer of funds)

Sec. 8096. Of the amounts appropriated in this Act under the
heading ``Research, Development, Test and Evaluation, Defense-Wide'',
$155,290,000 shall be made available for the Arrow missile defense
program: Provided, That of this amount, $68,000,000 shall be available
for the purpose of producing Arrow missile components in the United
States and Arrow missile components and missiles in Israel to meet
Israel's defense requirements, consistent with each nation's laws,
regulations and procedures: Provided further, That funds made available
under this provision for production of missiles and missile components
may be transferred to appropriations available for the procurement of
weapons and equipment, to be merged with and to be available for the
same time period and the same purposes as the appropriation to which
transferred: Provided further, That the transfer authority provided
under this provision is in addition to any other transfer authority
contained in this Act.
Sec. 8097. Notwithstanding any other provision of law, of the
amounts provided in this Act and in Public Law 108-87 under the heading
``Research, Development, Test and Evaluation, Navy'', $1,500,000, and
$500,000, respectively, shall be provided as a grant (or grants) to the
California Central Coast Research Partnership (C3RP) through the
California Polytechnic State University Foundation: Provided, That the
Secretary of the Navy shall make said grant (or grants) within 90 days
of the enactment of this Act.

(including transfer of funds)

Sec. 8098. (a) In addition to amounts provided elsewhere in this
Act, $34,000,000 is hereby appropriated for ``Aircraft Procurement,
Navy'': Provided, That these funds shall be available only for transfer
to the Coast Guard for mission essential equipment for Coast Guard HC-
130J aircraft.
(b) In addition to amounts appropriated or otherwise made available
in this Act, there is hereby appropriated $40,000,000, for ``Operation
and Maintenance, Defense-Wide'': Provided, That, of the funds provided
herein, $30,000,000, to remain available until expended, shall be
transferred within 15 days of the enactment of this Act to the
Department of Agriculture, Forest Service ``Wildland Fire Management''
account and shall be merged with other funds in this account and shall
be made available for hazardous fuels reduction, hazard mitigation, and
rehabilitation activities of the Forest Service in the San Bernardino
National Forest, and $10,000,000, to remain available until expended,
shall be transferred within 15 days of the enactment of this Act to the
Forest Service, ``Capital Improvement and Maintenance'' account and
shall be made available to construct a wildfire management training
facility in San Bernardino County: Provided further, That the transfer
authority provided in this section is in addition to any other transfer
authority available to the Department of Defense.

(including transfer of funds)

Sec. 8099. Of the amounts appropriated in this Act under the
heading ``Shipbuilding and Conversion, Navy'', $484,390,000 shall be
available until September 30, 2005, to fund prior year shipbuilding
cost increases: Provided, That upon enactment of this Act, the
Secretary of the Navy shall transfer such funds to the following
appropriations in the amounts specified: Provided further, That the
amounts transferred shall be merged with and be available for the same
purposes as the appropriations to which transferred:
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1996/2005'':
LPD-17 Amphibious Transport Dock Ship Program,
$55,000,000.
Under the heading, ``Shipbuilding and Conversion, Navy,
1999/2005'':
New SSN, $10,000,000;
LPD-17 Amphibious Transport Dock Ship Program,
$38,100,000.
Under the heading, ``Shipbuilding and Conversion, Navy,
2000/2005'':
DDG-51 Destroyer Program, $44,963,000;
LPD-17 Amphibious Transport Dock Ship Program,
$171,681,000.
Under the heading, ``Shipbuilding and Conversion, Navy,
2001/2005'':
DDG-51 Destroyer Program, $83,316,000;
New SSN, $67,330,000.
Under the heading, ``Shipbuilding and Conversion, Navy,
2002/2005'':
LCAC SLEP, $2,100,000.
Under the heading, ``Shipbuilding and Conversion, Navy,
2003/2005'':
LCAC SLEP, $11,900,000:
Provided further, That section 126 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat.
1410; 10 U.S.C. 7291 note) is repealed.
Sec. 8100. The Secretary of the Navy may settle, or compromise, and
pay any and all admiralty claims under 10 U.S.C. 7622 arising out of
the collision involving the U.S.S. GREENEVILLE and the EHIME MARU, in
any amount and without regard to the monetary limitations in
subsections (a) and (b) of that section: Provided, That such payments
shall be made from funds available to the Department of the Navy for
operation and maintenance.
Sec. 8101. None of the funds available to the Department of Defense
may be obligated to implement any action which alters the command
responsibility or permanent assignment of forces until 270 days after
such plan has been provided to the congressional defense committees.
Sec. 8102. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may exercise the provisions of 38
U.S.C. 7403(g) for occupations listed in 38 U.S.C. 7403(a)(2) as well
as the following:
Pharmacists, Audiologists, and Dental Hygienists.
(A) The requirements of 38 U.S.C. 7403(g)(1)(A) shall
apply.
(B) The limitations of 38 U.S.C. 7403(g)(1)(B) shall not
apply.
Sec. 8103. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence activities are deemed
to be specifically authorized by the Congress for purposes of section
504 of the National Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2005 until the enactment of the Intelligence Authorization Act for
fiscal year 2005.
Sec. 8104. In addition to funds made available elsewhere in this
Act, $5,500,000 is hereby appropriated and shall remain available until
expended to provide assistance, by grant or otherwise (such as, but not
limited to, the provision of funds for repairs, maintenance,
construction, and/or for the purchase of information technology, text
books, teaching resources), to public schools that have unusually high
concentrations of special needs military dependents enrolled: Provided,
That in selecting school systems to receive such assistance, special
consideration shall be given to school systems in States that are
considered overseas assignments, and all schools within these school
systems shall be eligible for assistance: Provided further, That up to
2 percent of the total appropriated funds under this section shall be
available to support the administration and execution of the funds or
program and/or events that promote the purpose of this appropriation
(e.g. payment of travel and per diem of school teachers attending
conferences or a meeting that promotes the purpose of this
appropriation and/or consultant fees for on-site training of teachers,
staff, or Joint Venture Education Forum (JVEF) Committee members):
Provided further, That up to $2,000,000 shall be available for the
Department of Defense to establish a non-profit trust fund to assist in
the public-private funding of public school repair and maintenance
projects, or provide directly to non-profit organizations who in return
will use these monies to provide assistance in the form of repair,
maintenance, or renovation to public school systems that have high
concentrations of special needs military dependents and are located in
States that are considered overseas assignments: Provided further, That
to the extent a Federal agency provides this assistance, by contract,
grant, or otherwise, it may accept and expend non-Federal funds in
combination with these Federal funds to provide assistance for the
authorized purpose, if the non-Federal entity requests such assistance
and the non-Federal funds are provided on a reimbursable basis.
Sec. 8105. The total amount appropriated in title IV of this Act is
hereby reduced by $197,500,000 to reduce cost growth in information
technology development and modernization, to be derived as follows:
(1) From ``Other Procurement, Army'', $39,500,000.
(2) From ``Other Procurement, Navy'', $10,800,000.
(3) From ``Other Procurement, Air Force'', $49,000,000.
(4) From ``Procurement, Defense-Wide'', $20,100,000.
(5) From ``Research, Development, Test and Evaluation, Army'',
$3,500,000.
(6) From ``Research, Development, Test and Evaluation, Navy'',
$10,800,000.
(7) From ``Research, Development, Test and Evaluation, Air
Force'', $3,500,000.
(8) From ``Research, Development, Test and Evaluation, Defense-
Wide'', $60,300,000.
Sec. 8106. None of the funds in this Act may be used to initiate a
new start program without prior written notification to the Office of
Secretary of Defense and the congressional defense committees.
Sec. 8107. The amounts appropriated in title II of this Act are
hereby reduced by $316,000,000 to reflect cash balance and rate
stabilization adjustments in Department of Defense Working Capital
Funds, as follows:
(1) From ``Operation and Maintenance, Navy'', $150,000,000.
(2) From ``Operation and Maintenance, Air Force'',
$166,000,000.
Sec. 8108. (a) In addition to the amounts provided elsewhere in
this Act, the amount of $6,000,000 is hereby appropriated to the
Department of Defense for ``Operation and Maintenance, Army National
Guard''. Such amount shall be made available to the Secretary of the
Army only to make a grant in the amount of $6,000,000 to the entity
specified in subsection (b) to facilitate access by veterans to
opportunities for skilled employment in the construction industry.
(b) The entity referred to in subsection (a) is the Center for
Military Recruitment, Assessment and Veterans Employment, a nonprofit
labor-management co-operation committee provided for by section
302(c)(9) of the Labor-Management Relations Act, 1947 (29 U.S.C.
186(c)(9)), for the purposes set forth in section 6(b) of the Labor
Management Cooperation Act of 1978 (29 U.S.C. 175a note).
Sec. 8109. Financing and Fielding of Key Army Capabilities.--The
Department of Defense and the Department of the Army shall make future
budgetary and programming plans to fully finance the Non-Line of Sight
Future Force cannon and resupply vehicle program (NLOS-C) in order to
field this system in fiscal year 2010, consistent with the broader plan
to field the Future Combat System (FCS) in fiscal year 2010: Provided,
That if the Army is precluded from fielding the FCS program by fiscal
year 2010, then the Army shall develop the NLOS-C independent of the
broader FCS development timeline to achieve fielding by fiscal year
2010. In addition the Army will deliver eight (8) combat operational
pre-production NLOS-C systems by the end of calendar year 2008. These
systems shall be in addition to those systems necessary for
developmental and operational testing: Provided further, That the Army
shall ensure that budgetary and programmatic plans will provide for no
fewer than seven (7) Stryker Brigade Combat Teams.
Sec. 8110. Of the funds made available in this Act, not less than
$87,900,000 shall be available to maintain an attrition reserve force
of 18 B-52 aircraft, of which $3,700,000 shall be available from
``Military Personnel, Air Force'', $55,300,000 shall be available from
``Operation and Maintenance, Air Force'', and $28,900,000 shall be
available from ``Aircraft Procurement, Air Force'': Provided, That the
Secretary of the Air Force shall maintain a total force of 94 B-52
aircraft, including 18 attrition reserve aircraft, during fiscal year
2005: Provided further, That the Secretary of Defense shall include in
the Air Force budget request for fiscal year 2006 amounts sufficient to
maintain a B-52 force totaling 94 aircraft.
Sec. 8111. Of the funds made available under the heading
``Operation and Maintenance, Air Force'', $9,000,000 shall be available
to realign railroad track on Elmendorf Air Force Base and Fort
Richardson: Provided, That of the funds made available under the
heading ``Operation and Maintenance, Air Force'', $14,000,000 shall be
available for engineering and environment studies necessary to extend
the railroad to Stryker Brigade Combat Team training areas north of
Fort Wainwright, Alaska: Provided further, That the Secretary of the
Air Force is authorized, using funds available under the heading
``Operation and Maintenance, Air Force'', to complete a phased repair
project, which repairs may include upgrades and additions, to the
infrastructure of the operational ranges managed by the Air Force in
Alaska. The total cost of such phased projects shall not exceed
$32,000,000.

(Transfer of Funds)

Sec. 8112. Of the amounts appropriated in Public Law 107-206 under
the heading ``Defense Emergency Response Fund'', an amount up to the
fair market value of the leasehold interest in adjacent properties
necessary for the force protection requirements of Tooele Army Depot,
Utah, may be made available to resolve any property disputes associated
with Tooele Army Depot, Utah, and to acquire such leasehold interest as
required: Provided, That none of these funds may be used to acquire fee
title to the properties.
Sec. 8113. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $51,425,000 is hereby
appropriated to the Department of Defense, to remain available until
September 30, 2005: Provided, That the Secretary of Defense shall make
grants in the amounts specified as follows: $5,000,000 to the Intrepid
Sea-Air-Space Foundation; $1,875,000 to the Presidio Trust only for
renovations of the parade field; $1,000,000 to the Fort Ticonderoga
Association; $8,500,000 to the Military Aviation Museum of the Pacific;
$10,000,000 to the Wings of Liberty Military Museum at Fort Campbell;
$2,550,000 to the United Services Organization; $5,000,000 to the
Galena IDEA Distance Learning Program; $1,500,000 to the Wing Luke
Asian Museum; $8,000,000 to the Center for Applied Science and
Engineering; $1,000,000 to the Women in Military Service for America
Memorial Foundation; $2,000,000 to the American Red Cross Greater
Alleghenies Blood Services Center; $4,000,000 to the Clarksville-
Montgomery County School System; and $1,000,000 to the National Museum
of Cavalry and Armor at Fort Knox.
Sec. 8114. None of the funds appropriated in this Act under the
heading ``Overseas Contingency Operations Transfer Account'' may be
transferred or obligated for Department of Defense expenses not
directly related to the conduct of overseas contingencies: Provided,
That the Secretary of Defense shall submit a report no later than 30
days after the end of each fiscal quarter to the Committees on
Appropriations of the Senate and House of Representatives that details
any transfer of funds from the ``Overseas Contingency Operations
Transfer Account'': Provided further, That the report shall explain any
transfer for the maintenance of real property, pay of civilian
personnel, base operations support, and weapon, vehicle or equipment
maintenance.
Sec. 8115. For purposes of section 1553(b) of title 31, United
States Code, any subdivision of appropriations made in this Act under
the heading ``Shipbuilding and Conversion, Navy'' shall be considered
to be for the same purpose as any subdivision under the heading
``Shipbuilding and Conversion, Navy'' appropriations in any prior
fiscal year, and the 1 percent limitation shall apply to the total
amount of the appropriation.
Sec. 8116. The budget of the President for fiscal year 2006
submitted to the Congress pursuant to section 1105 of title 31, United
States Code shall include separate budget justification documents for
costs of United States Armed Forces' participation in contingency
operations for the Military Personnel accounts, the Operation and
Maintenance accounts, and the Procurement accounts: Provided, That
these documents shall include a description of the funding requested
for each contingency operation, for each military service, to include
all Active and Reserve components, and for each appropriations account:
Provided further, That these documents shall include estimated costs
for each element of expense or object class, a reconciliation of
increases and decreases for each contingency operation, and
programmatic data including, but not limited to, troop strength for
each Active and Reserve component, and estimates of the major weapons
systems deployed in support of each contingency: Provided further, That
these documents shall include budget exhibits OP-5 and OP-32 (as
defined in the Department of Defense Financial Management Regulation)
for all contingency operations for the budget year and the two
preceding fiscal years.
Sec. 8117. None of the funds in this Act may be used for research,
development, test, evaluation, procurement or deployment of nuclear
armed interceptors of a missile defense system.
Sec. 8118. Notwithstanding any other provision of law, section
2533a(f) of title 10, United States Code, shall hereafter not apply to
any fish, shellfish, or seafood product. This section applies to
contracts and subcontracts for the procurement of commercial items
notwithstanding section 34 of the Office of Federal Procurement Policy
Act (41 U.S.C. 430).
Sec. 8119. Of the amounts provided in title II of this Act under
the heading, ``Operation and Maintenance, Defense-Wide'', $20,000,000
is available for the Regional Defense Counter-terrorism Fellowship
Program, to fund the education and training of foreign military
officers, ministry of defense civilians, and other foreign security
officials, to include United States military officers and civilian
officials whose participation directly contributes to the education and
training of these foreign students.
Sec. 8120. None of the funds appropriated or made available in this
Act shall be used to reduce or disestablish the operation of the 53rd
Weather Reconnaissance Squadron of the Air Force Reserve, if such
action would reduce the WC-130 Weather Reconnaissance mission below the
levels funded in this Act: Provided, That the Air Force shall allow the
53rd Weather Reconnaissance Squadron to perform other missions in
support of national defense requirements during the non-hurricane
season.
Sec. 8121. (a) Land Conveyances, Norton Air Force Base,
California.--
(1) Forest service conveyance.--Subject to paragraph (2), the
Secretary of Agriculture shall convey to the Inland Valley
Development Agency all right, title, and interest of the United
States in and to a parcel of real property consisting of
approximately 3.74 acres designated as parcel D-1 (including the
former Air Force S-2 Headquarters Building) on the former Norton
Air Force Base, California.
(2) As consideration for the transfer under paragraph (1), the
Inland Valley Development Agency shall execute a long-term ground
lease with the Secretary of Agriculture, upon terms acceptable to
the Federal Aviation Administration, to provide the United States
Forest Service with a replacement parcel of land of approximately
7.5 acres at the San Bernardino International Airport adjacent to
current facilities of the Forest Service to be used for
aeronautical purposes in furtherance of wildfire prevention and
containment.
(b) Air Force Conveyance.--
(1) Subject to paragraph (2), the Secretary of the Air Force
shall convey to the Inland Valley Development Agency all right,
title, and interest of the United States in and to certain parcels
of real property, including improvements thereon, located on or
adjacent to the former Norton Air Force Base, California, that as
of the date of the enactment of this Act have been determined
through a record of decision to be eligible to be transferred to,
or held in trust for, the San Manuel Band of Mission Indians.
(2) The Secretary of the Air Force shall make a conveyance
under paragraph (1) with respect to any parcel of real property to
which that paragraph applies only upon delivery to the Secretary of
an instrument executed by the San Manuel Band of Mission Indians
that releases and extinguishes any real property interest of the
San Manuel Band of Mission Indians in that parcel of real property.
Sec. 8122. (a) The total amount appropriated or otherwise made
available in titles II, III and IV of this Act is hereby reduced by
$711,000,000 to reflect savings from assumed management improvements,
to be distributed as follows:
``Title II'', $200,000,000;
``Title III'', $300,000,000; and
``Title IV'', $211,000,000.
(b) The Secretary of Defense shall allocate this reduction
proportionately to each budget activity, activity group, subactivity
group, and each program, project, and activity within each applicable
appropriation account.

(including transfer of funds)

Sec. 8123. (a) The amount appropriated in title II for ``Operation
and Maintenance, Air Force'' is hereby reduced by $967,200,000 to
reflect cash balance and rate stabilization adjustments in the
Department of Defense Transportation Working Capital Fund.
(b) Not later than 270 days after the date of the enactment of this
Act, the Secretary of Defense shall transfer $967,200,000 from the
Department of Defense Transportation Working Capital Fund to
``Operation and Maintenance, Air Force'' to offset the reduction made
by subsection (a). The transfer required by this subsection is in
addition to any other transfer authority provided to the Department of
Defense.
Sec. 8124. None of the funds provided in this Act shall be
available for integration of foreign intelligence information unless
the information has been lawfully collected and processed during the
conduct of authorized foreign intelligence activities: Provided, That
information pertaining to United States persons shall only be handled
in accordance with protections provided in the Fourth Amendment of the
United States Constitution as implemented through Executive Order No.
12333.
Sec. 8125. Of the amount appropriated under the heading ``Operation
and Maintenance, Marine Corps'' for the Marine Corps Air-Ground Task
Force Training Center, Twenty Nine Palms, California, $3,900,000 shall
be available to the Secretary of the Navy to enter into a contract,
notwithstanding any other provision of law, for the widening of Adobe
Road, which is used by members of the Marine Corps stationed at the
installation and their dependents, and for construction of pedestrian
and bike lanes for the road, to provide for the safety of the Marines
stationed at the installation.
Sec. 8126. In addition to amounts appropriated or otherwise made
available in this Act, there is hereby appropriated $2,500,000, for
``Operation and Maintenance, Marine Corps'': Provided, That the
Secretary of the Navy shall make a grant in that amount to the ``Hi-
Desert Memorial Health Care District'', Joshua Tree, California, for
the purposes of providing a capability for non-invasive assessment,
diagnostic testing and treatment in support of service personnel and
their families stationed at the Marine Corps Air-Ground Task Force
Training Center.
Sec. 8127. (a) Land Conveyance, Army Reserve Training Center,
Wooster, Ohio.--The Secretary of the Army may convey, without
consideration, to the City of Wooster, Ohio, all right, title, and
interest of the United States in and to a parcel of real property,
including improvements thereon, that is located at 1676 Portage Road,
Wooster, Ohio, and contains a former Army Reserve Training Center.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the City of Wooster, Ohio.
(c) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
Sec. 8128. (a) At the time members of reserve components of the
Armed Forces are called or ordered to active duty under section
12302(a) of title 10, United States Code, each member shall be notified
in writing of the expected period during which the member will be
mobilized.
(b) The Secretary of Defense may waive the requirements of
subsection (a) in any case in which the Secretary determines that it is
necessary to do so to respond to a national security emergency or to
meet dire operational requirements of the Armed Forces.

(including transfer of funds)

Sec. 8129. The Secretary of the Navy may transfer funds from any
available Department of the Navy appropriation to any available Navy
ship construction appropriation for the purpose of liquidating
necessary changes resulting from inflation, market fluctuations, or
rate adjustments for any ship construction program appropriated in law:
Provided, That the Secretary may transfer not to exceed $100,000,000
under the authority provided by this section: Provided further, That
the funding transferred shall be available for the same time period as
the appropriation to which transferred: Provided further, That the
Secretary may not transfer any funds until 30 days after the proposed
transfer has been reported to the Committee on Appropriations of the
Senate and the House of Representatives, unless sooner notified by the
Committees that there is no objection to the proposed transfer:
Provided further, That the transfer authority provided by this section
is in addition to any other transfer authority contained elsewhere in
this Act.
Sec. 8130. The amounts appropriated in title II of this Act are
hereby reduced by $50,000,000 to reflect savings attributable to the
offsetting of payments to contractors for the collection, pursuant to
law, of unpaid taxes owed to the United States, as follows:
(1) From ``Operation and Maintenance, Army'', $11,000,000.
(2) From ``Operation and Maintenance, Navy'', $13,000,000.
(3) From ``Operation and Maintenance, Marine Corps'',
$1,000,000.
(4) From ``Operation and Maintenance, Air Force'', $25,000,000.
Sec. 8131. The total amount appropriated in title IV is hereby
reduced by $350,000,000 to decrease amounts budgeted in anticipation of
the application of non-statutory funding set asides: Provided, That
this reduction shall be allocated proportionately to each budgeted
program, program element, project, and activity: Provided further, That
funds made available for programs of the National Foreign Intelligence
Program (NFIP) are exempt from the application of this provision.

(including transfer of funds)

Sec. 8132. Tanker Replacement Transfer Fund.--In addition to funds
made available elsewhere in this Act, there is hereby appropriated
$100,000,000, to remain available until transferred: Provided, That
these funds are appropriated to the ``Tanker Replacement Transfer
Fund'' (referred to as ``the Fund'' elsewhere in this section), which
is hereby established in the Treasury: Provided further, That the
Secretary of the Air Force may transfer amounts in the Fund to
``Operation and Maintenance, Air Force'', ``Aircraft Procurement, Air
Force'', and ``Research, Development, Test and Evaluation, Air Force'',
only for the purposes of proceeding with a tanker acquisition program:
Provided further, That funds transferred shall be merged with and be
available for the same purposes and for the same time period as the
appropriation or fund to which transferred: Provided further, That this
transfer authority is in addition to any other transfer authority
available to the Department of Defense: Provided further, That the
Secretary of the Air Force shall, not fewer than 15 days prior to
making transfers using funds provided in this section, notify the
congressional defense committees in writing of the details of any such
transfer: Provided further, That the Secretary shall submit a report no
later than 30 days after the end of each fiscal quarter to the
congressional defense committees summarizing the details of the
transfer of funds from this appropriation.
Sec. 8133. None of the funds appropriated or otherwise made
available by this Act may be used to amend or cancel, or implement any
amendment or cancellation of, Department of Defense Directive 1344.7,
``Personal Commercial Solicitation on DOD Installations'', until after
the end of the 90-day period beginning on the date on which the report
containing the results of the investigation regarding insurance premium
allotment processing, which is underway as of the date of the enactment
of this Act, is submitted to the congressional defense committees (as
defined in section 101(a)(16) of title 10, United States Code), the
Committee on Government Reform of the House of Representatives, and the
Committee on Governmental Affairs of the Senate.
Sec. 8134. The Secretary of Defense shall provide a report to the
congressional defense committees not later than October 15, 2004, that
addresses how the Department of Defense (DOD) is improving the dud rate
of cluster munitions to meet existing DOD policies. This report shall
address: (1) the types and quantities of munitions systems that employ
cluster munitions presently in DOD's inventory that do and do not meet
the 1-percent dud rate policy; (2) DOD efforts to ensure the
development of cluster munitions that meet the 1-percent dud rate
policy, including a list of programs funded in fiscal year 2005; and
(3) a schedule describing the DOD cluster munitions inventory profile
from the present until the time this inventory will meet the 1-percent
dud rate policy.
Sec. 8135. Up to $2,600,000 of the funds appropriated under the
heading, ``Operation and Maintenance, Navy'' in this Act may be made
available to contract for the installation, repair, maintenance, and
operation of on-base and adjacent off-base drainage and flood control
systems critical to base operations and the public health and safety of
community residents in the vicinity of the Naval Magazine Lualualei.
Sec. 8136. From funds provided under the heading ``Operation and
Maintenance, Navy'', the Secretary of the Navy may make a grant in the
amount of $2,100,000 to the Chicago Public Schools for establishment of
a Naval Military Academy High School, Chicago, Illinois, in partnership
with the Great Lakes Naval Training Center.
Sec. 8137. Of the amount appropriated by title III under the
heading ``Aircraft Procurement, Air Force'', $880,000 shall be
available to the Secretary of the Air Force for a grant to Rocky
Mountain College, Montana, for the purchase of three Piper aircraft,
and an aircraft simulator, for support of aviation training.
Sec. 8138. It is the sense of the Senate that--
(1) any request for funds for a fiscal year for an ongoing
military operation overseas, including operations in Afghanistan
and Iraq, should be included in the annual budget of the President
for such fiscal year as submitted to Congress under section 1105(a)
of title 31, United States Code; and
(2) any funds provided for such fiscal year for such a military
operation should be provided in appropriations Acts for such fiscal
year through appropriations to specific accounts set forth in such
Acts.
Sec. 8139. Notwithstanding any other provision of law, the
Secretary of the Air Force may, using funds available to the Air Force,
demolish or provide for the demolition of any facilities or other
improvements on real property at the former Wurtsmith Air Force Base.
Sec. 8140. (a) The total amount appropriated or otherwise made
available in this Act is hereby reduced by $768,100,000 to reflect
excessive unobligated balances, to be distributed as follows:
``Operation and Maintenance, Army'', $160,800,000;
``Operation and Maintenance, Navy'', $171,900,000;
``Operation and Maintenance, Marine Corps'', $15,700,000;
``Operation and Maintenance, Air Force'', $142,400,000; and
``Operation and Maintenance, Defense-Wide'', $277,300,000.
(b) The Secretary of Defense shall allocate this reduction
proportionately to each budget activity, activity group, subactivity
group, and each program, project, and activity within each applicable
appropriation account.
Sec. 8141. (a) The total amount appropriated or otherwise made
available in title II of this Act is hereby reduced by $100,000,000 to
limit excessive growth in the travel and transportation of persons.
(b) The Secretary of Defense shall allocate this reduction
proportionately to each budget activity, activity group, subactivity
group, and each program, project, and activity within each applicable
appropriation account.

(including rescissions)

Sec. 8142. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts:
``Aircraft Procurement, Navy, 2002/2004'', $50,000,000; and
``Aircraft Procurement, Air Force, 2002/2004'', $50,000,000:
Provided, That in addition to funds made available elsewhere in this
Act, $100,000,000 is hereby appropriated, in the specified amounts to
the following accounts:
``Aircraft Procurement, Navy, 2003/2005'', $50,000,000; and
``Aircraft Procurement, Air Force, 2003/2005'', $50,000,000:
Provided further, That this section shall become effective upon
enactment of this Act.

TITLE IX

ADDITIONAL WAR-RELATED APPROPRIATIONS

DEPARTMENT OF DEFENSE--MILITARY

MILITARY PERSONNEL

Military Personnel, Army

For an additional amount for ``Military Personnel, Army'',
$915,700,000.

Military Personnel, Navy

For an additional amount for ``Military Personnel, Navy'',
$27,700,000.

Military Personnel, Marine Corps

For an additional amount for ``Military Personnel, Marine Corps'',
$241,700,000.

Military Personnel, Air Force

For an additional amount for ``Military Personnel, Air Force'',
$64,900,000.

OPERATION AND MAINTENANCE

Operation and Maintenance, Army

For an additional amount for ``Operation and Maintenance, Army'',
$13,550,000,000.

Operation and Maintenance, Navy

For an additional amount for ``Operation and Maintenance, Navy'',
$367,000,000.

Operation and Maintenance, Marine Corps

For an additional amount for ``Operation and Maintenance, Marine
Corps'', $1,665,000,000.

Operation and Maintenance, Air Force

For an additional amount for ``Operation and Maintenance, Air
Force'', $419,000,000.

Operation and Maintenance, Defense-Wide

For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $404,000,000.

Iraq Freedom Fund

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ``Iraq Freedom Fund'', $3,800,000,000,
to remain available for transfer until September 30, 2006, only to
support operations in Iraq or Afghanistan and classified activities:
Provided, That the Secretary of Defense may transfer the funds provided
herein to appropriations for military personnel; operation and
maintenance; Overseas Humanitarian, Disaster, and Civic Aid;
procurement; research, development, test and evaluation; the Defense
Health Program; and working capital funds: Provided further, That of
the amounts provided under this heading, $1,800,000,000 shall only be
for classified programs, described in further detail in the classified
annex accompanying this Act: Provided further, That up to $100,000,000
shall be available for the Department of Homeland Security, ``United
States Coast Guard, Operating Expenses'': Provided further, That funds
transferred shall be merged with and be available for the same purposes
and for the same time period as the appropriation or fund to which
transferred: Provided further, That this transfer authority is in
addition to any other transfer authority available to the Department of
Defense: Provided further, That upon a determination that all or part
of the funds transferred from this appropriation are not necessary for
the purposes provided herein, such amounts may be transferred back to
this appropriation: Provided further, That the Secretary of Defense
shall, not fewer than 5 days prior to making transfers from this
appropriation, notify the congressional defense committees in writing
of the details of any such transfer: Provided further, That the
Secretary shall submit a report no later than 30 days after the end of
each fiscal quarter to the congressional defense committees summarizing
the details of the transfer of funds from this appropriation.

PROCUREMENT

Procurement of Weapons and Tracked Combat Vehicles, Army

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

Procurement of Ammunition, Army

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

Other Procurement, Army

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

Aircraft Procurement, Navy

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

Procurement of Ammunition, Navy and Marine Corps

For an additional amount for ``Procurement of Ammunition, Navy and
Marine Corps'', $30,000,000, to remain available until September 30,
2007.

Procurement, Marine Corps

For an additional amount for ``Procurement, Marine Corps'',
$150,000,000, to remain available until September 30, 2007.

Other Procurement, Air Force

For an additional amount for ``Other Procurement, Air Force'',
$110,000,000, to remain available until September 30, 2007.

Procurement, Defense-Wide

For an additional amount for ``Procurement, Defense-Wide'',
$50,000,000, to remain available until September 30, 2007.

National Guard and Reserve Equipment

For an additional amount for ``National Guard and Reserve
Equipment'', $50,000,000, to remain available until September 30, 2007.

REVOLVING AND MANAGEMENT FUNDS

Defense Working Capital Funds

For an additional amount for ``Defense Working Capital Funds'',
$1,478,000,000.

OTHER DEPARTMENT OF DEFENSE PROGRAMS

Defense Health Program

For an additional amount for ``Defense Health Program'',
$683,000,000 for Operation and maintenance.

GENERAL PROVISIONS, TITLE IX

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

(TRANSFER OF FUNDS)

Sec. 9003. (a) Upon his determination that such action is necessary
in the national interest, the Secretary of Defense may transfer between
appropriations up to $1,500,000,000 of the funds made available to the
Department of Defense in this title: Provided, That the Secretary shall
notify the Congress promptly of each transfer made pursuant to the
authority in this section: Provided further, That the authority
provided in this section is in addition to any other transfer authority
available to the Department of Defense and is subject to the same terms
and conditions as the authority provided in section 8005 of this Act.
(b) Section 8005 of the Department of Defense Appropriations Act,
2004 (Public Law 108-87; 117 Stat. 1071), is amended--
(1) by striking ``$2,100,000,000'' and inserting in lieu
thereof ``$2,800,000,000''; and
(2) by striking all after the third proviso and inserting the
following: ``: Provided further, That transfers among military
personnel appropriations shall not be taken into account for
purposes of the limitation on the amount of funds that may be
transferred under this section.''.
(c) Section 168(a) of division H of the Consolidated Appropriations
Act, 2004 (Public Law 108-199; 118 Stat. 456), is repealed upon
enactment of this Act.
Sec. 9004. Funds appropriated in this title, or made available by
the transfer of funds in or pursuant to this title, for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414).
Sec. 9005. None of the funds provided in this title may be used to
finance programs or activities denied by Congress in fiscal years 2004
and 2005 appropriations to the Department of Defense or to initiate a
procurement or research, development, test and evaluation new start
program without prior written notification to the congressional defense
committees.
Sec. 9006. Notwithstanding any other provision of law, from funds
made available in this title to the Department of Defense for operation
and maintenance, not to exceed $500,000,000 may be used by the
Secretary of Defense, with the concurrence of the Secretary of State,
to train, equip and provide related assistance only to the New Iraqi
Army and the Afghan National Army to enhance their capability to combat
terrorism and to support U.S. military operations in Iraq and
Afghanistan: Provided, That such assistance may include the provision
of equipment, supplies, services, training and funding: Provided
further, That the authority to provide assistance under this section is
in addition to any other authority to provide assistance to foreign
nations: Provided further, That the Secretary of Defense shall notify
the congressional defense committees, the Committee on International
Relations of the House of Representatives, and the Committee on Foreign
Relations of the Senate not less than 15 days before providing
assistance under the authority of this section.
Sec. 9007. From funds made available in this title to the
Department of Defense, not to exceed $300,000,000 may be used,
notwithstanding any other provision of law, to fund the Commander's
Emergency Response Program, for the purpose of enabling military
commanders in Iraq to respond to urgent humanitarian relief and
reconstruction requirements within their areas of responsibility by
carrying out programs that will immediately assist the Iraqi people,
and to fund a similar program to assist the people of Afghanistan:
Provided, That the Secretary of Defense shall provide quarterly reports
to the congressional defense committees regarding the source of funds
and the allocation and use of funds made available pursuant to the
authority provided in this section.
Sec. 9008. Section 202(b) of the Afghanistan Freedom Support Act of
2002 (Public Law 107-327, as amended by section 2206 of Public Law 108-
106) is amended by striking ``$450,000,000'' and inserting in lieu
thereof ``$550,000,000''.
Sec. 9009. During the current fiscal year, funds available to the
Department of Defense for operation and maintenance may be used,
notwithstanding any other provision of law, to provide supplies,
services, transportation, including airlift and sealift, and other
logistical support to coalition forces supporting military and
stability operations in Iraq and Afghanistan: Provided, That the
Secretary of Defense shall provide quarterly reports to the
congressional defense committees regarding support provided under this
section.
Sec. 9010. (a) Not later than April 30 and October 31 of each year,
the Secretary of Defense shall submit to Congress a report on the
military operations of the Armed Forces and the reconstruction
activities of the Department of Defense in Iraq and Afghanistan.
(b) Each report shall include the following information:
(1) For each of Iraq and Afghanistan for the half-fiscal year
ending during the month preceding the due date of the report, the
amount expended for military operations of the Armed Forces and the
amount expended for reconstruction activities, together with the
cumulative total amounts expended for such operations and
activities.
(2) An assessment of the progress made toward preventing
attacks on United States personnel.
(3) An assessment of the effects of the operations and
activities in Iraq and Afghanistan on the readiness of the Armed
Forces.
(4) An assessment of the effects of the operations and
activities in Iraq and Afghanistan on the recruitment and retention
of personnel for the Armed Forces.
(5) For the half-fiscal year ending during the month preceding
the due date of the report, the costs incurred for repair of
Department of Defense equipment used in the operations and
activities in Iraq and Afghanistan.
(6) The foreign countries, international organizations, and
nongovernmental organizations that are contributing support for the
ongoing military operations and reconstruction activities, together
with a discussion of the amount and types of support contributed by
each during the half-fiscal year ending during the month preceding
the due date of the report.
(7) The extent to which, and the schedule on which, the
Selected Reserve of the Ready Reserve of the Armed Forces is being
involuntarily ordered to active duty under section 12304 of title
10, United States Code.
(8) For each unit of the National Guard of the United States
and the other reserve components of the Armed Forces on active duty
pursuant to an order to active duty under section 12304 of title
10, United States Code, the following information:
(A) The unit.
(B) The projected date of return of the unit to its home
station.
(C) The extent (by percentage) to which the forces deployed
within the United States and outside the United States in
support of a contingency operation are composed of reserve
component forces.
Sec. 9011. Congress, consistent with international and United
States law, reaffirms that torture of prisoners of war and detainees is
illegal and does not reflect the policies of the United States
Government or the values of the people of the United States.
Sec. 9012. The President shall provide to the Congress a report
detailing the estimated costs over the period from fiscal year 2006 to
2011 of Operation Iraqi Freedom and Operation Enduring Freedom, or any
related military operations in and around Iraq and Afghanistan, and the
estimated costs of reconstruction, internal security, and related
economic support to Iraq and Afghanistan: Provided, That the President
may waive the requirement to submit this report only if the President
certifies in writing to the Congress that estimates of these future
military and economic support costs cannot be provided for purposes of
national security: Provided further, That the report referenced above
shall be submitted no later than January 1, 2005.
Sec. 9013. None of the funds made available in this title may be
used to fund any contract in contravention of section 8(d)(6) of the
Small Business Act (15 U.S.C. 637(d)(6)).
Sec. 9014. The Secretary of Defense may present promotional
materials, including a United States flag, to any member of an Active
or Reserve component under the Secretary's jurisdiction who, as
determined by the Secretary, participates in Operation Enduring Freedom
or Operation Iraqi Freedom.
Sec. 9015. Amounts appropriated or otherwise made available in this
title are each designated as an emergency requirement pursuant to
section 402 of S. Con. Res. 95 (108th Congress), as made applicable to
the House of Representatives by H. Res. 649 (108th Congress) and
applicable to the Senate by section 14007 of this Act.

TITLE X

OTHER MATTERS

CHAPTER 1

DEPARTMENT OF STATE

Administration of Foreign Affairs

Diplomatic and Consular Programs

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

Embassy Security, Construction, and Maintenance

For an additional amount for ``Embassy Security, Construction, and
Maintenance'' for interim facilities for the United States Mission in
Iraq, $20,000,000, to remain available until expended.

General Provisions, This Chapter

Sec. 11001. For the purposes of applying sections 204 and 605 of
the Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 2004 (division B of Public Law
108-199) to matters in title II of such Act under the heading
``National Institute of Standards and Technology'' (118 Stat. 69), in
the account under the heading ``Industrial Technology Services'', the
Secretary of Commerce shall make all determinations based on the
Industrial Technology Services funding level of $218,782,000 for
reprogramming and transferring of funds for the Manufacturing Extension
Partnership program and may submit such a reprogramming or transfer, as
the case may be, to the appropriate committees within 30 days after the
date of the enactment of this Act.
Sec. 11002. In addition to amounts otherwise made available in this
Act, $50,000,000, is made available upon enactment for ``Office of
Justice Programs--State and Local Law Enforcement Assistance'' for
discretionary grants under the Edward Byrne Memorial State and Local
Law Enforcement Assistance Programs for reimbursement to State and
local law enforcement entities for security and related costs,
including overtime, associated with the 2004 Presidential Candidate
Nominating Conventions, to remain available until September 30, 2005:
Provided, That from funds provided in this section the Office of
Justice Programs shall make grants in the amount of $25,000,000 to the
City of Boston, Massachusetts; and $25,000,000 to the City of New York,
New York.
Sec. 11003. To ensure the continuity of Criminal Justice Act (CJA)
representations by panel attorneys, $26,000,000 is appropriated to the
Judiciary, ``Courts of Appeals, District Courts, and Other Judicial
Services, Defender Services'', to remain available until expended:
Provided, That the entire amount shall become available upon enactment
of this Act: Provided further, That the amounts made available in this
section shall only be used for CJA panel attorney representations.
Sec. 11004. Authorities contained in sections 402, 407, and 605 of
division B of Public Law 108-199 shall also apply to amounts provided
in this title for the Department of State.

CHAPTER 2

BILATERAL ECONOMIC ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

United States Agency for International Development

International Disaster and Famine Assistance

For an additional amount for ``International Disaster and Famine
Assistance'', $70,000,000, to remain available until expended:
Provided, That funds appropriated by this paragraph shall be available
to respond to the humanitarian crisis in the Darfur region of Sudan and
in Chad.

Department of State

Migration and Refugee Assistance

For an additional amount for ``Migration and Refugee Assistance'',
$25,000,000, to remain available until expended: Provided, That funds
appropriated by this paragraph shall be available to respond to the
humanitarian crisis in the Darfur region of Sudan and in Chad.

General Provisions, This Chapter

Sec. 12001. (a)(1) Notwithstanding section 514 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321h), the President may transfer to
Israel, in exchange for concessions to be negotiated by the Secretary
of Defense, with the concurrence of the Secretary of State, any or all
of the items described in paragraph (2).
(2) The items referred to in paragraph (1) are armor, artillery,
automatic weapons ammunition, missiles, and other munitions that--
(A) are obsolete or surplus items;
(B) are in the inventory of the Department of Defense;
(C) are intended for use as reserve stocks for Israel; and
(D) as of the date of enactment of this Act, are located in a
stockpile in Israel.
(b) The value of concessions negotiated pursuant to subsection (a)
shall be at least equal to the fair market value of the items
transferred. The concessions may include cash compensation, services,
waiver of charges otherwise payable by the United States, and other
items of value.
(c) Not later than 30 days before making a transfer under the
authority of this section, the President shall transmit a notification
of the proposed transfer to the Committees on Foreign Relations and
Armed Services of the Senate and the Committees on International
Relations and Armed Services of the House of Representatives. The
notification shall identify the items to be transferred and the
concessions to be received.
(d) No transfer may be made under the authority of this section
more than 2 years after the date of the enactment of this Act.
Sec. 12002. Section 514(b)(2) of the Foreign Assistance Act of 1961
(22 U.S.C. 2321h(b)(2)) is amended--
(1) in subparagraph (A), by striking ``for fiscal year 2003''
and inserting ``for each of fiscal years 2004 and 2005''; and
(2) in subparagraph (B), by striking ``for fiscal year 2003''
and inserting ``for a fiscal year''.

CHAPTER 3

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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

WILDLAND FIRE MANAGEMENT

For an additional amount for fiscal year 2004 for ``Wildland Fire
Management'', $100,000,000, to remain available until expended, for
urgent wildland fire suppression activities related to the fiscal year
2004 fire season pursuant to section 312 of S. Con. Res. 95 (108th
Congress): Provided, That such funds are also available for repayment
of advances to other appropriations accounts from which funds are
transferred for such purposes: Provided further, That cost containment
measures shall be implemented within this account for fiscal year 2004,
and the Secretary of the Interior shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a report
on such cost containment measures by December 31, 2004.

DEPARTMENT OF AGRICULTURE

Forest Service

WILDLAND FIRE MANAGEMENT

For an additional amount for fiscal year 2004 for ``Wildland Fire
Management'', $400,000,000, to remain available until expended, for
urgent wildland fire suppression activities related to the fiscal year
2004 fire season pursuant to section 312 of S. Con. Res. 95 (108th
Congress): Provided, That such funds are also available for repayment
of advances to other appropriations accounts from which funds are
transferred for such purposes: Provided further, That the Secretary of
Agriculture shall establish an independent cost-control review panel to
examine and report on fire suppression costs for individual wildfire
incidents that exceed $10,000,000 in cost: Provided further, That if
the independent review panel report finds that appropriate actions were
not taken to control suppression costs for one or more such wildfire
incidents, then an amount equal to the aggregate estimated excess costs
of suppressing those wildfire incidents shall be transferred to the
Treasury from unobligated balances remaining at the end of fiscal year
2004 in the Wildland Fire Management account, if available.

CHAPTER 4

GENERAL PROVISIONS, THIS TITLE

Sec. 14001. Appropriations provided in this title are available for
obligation until September 30, 2005, unless otherwise so provided in
this title.
Sec. 14002. Funds in this title are available for obligation and
authorities in this title shall apply upon enactment of this Act.
Sec. 14003. (a) Public Law 108-199 is amended in division F, title
I, section 110(g) by striking ``Of the'' and inserting ``Prior to
distributing''; striking ``each'' every time it appears and inserting
``the''; striking ``project'' every time it appears and inserting
``projects''.
(b) The limitation under the heading ``Federal-aid Highways
(Limitation on Obligations) (Highway Trust Fund)'' in Public Law 108-
199 is increased by such sums as may be necessary to ensure that each
State receives an amount of obligation authority equal to what each
State would have received under division F, title I, section 110(a)(6)
of Public Law 108-199 but for the amendment made to division F, title
I, section 110(g) of Public Law 108-199 by subsection (a) of this
section: Provided, That such additional authority shall remain
available during fiscal years 2004 and 2005: Provided further, That for
each State receiving an amount of obligation authority greater than
what each State would have received under division F, title I, section
110(a)(6) of Public Law 108-199 but for the amendment made to division
F, title I, section 110(g) of Public Law 108-199 by subsection (a) of
this section, such additional obligation authority shall remain
available during fiscal years 2004 and 2005.
Sec. 14004. (a) Rescission.--Upon enactment of this Act, there is
rescinded an amount equal to $795,280 from the amount appropriated to
carry out part B of title VII of the Higher Education Act of 1965, in
title III of division E of the Consolidated Appropriations Act, 2004
(Public Law 108-199; 118 Stat. 3). This amount shall reduce the funds
available for the projects specified in the statement of the managers
on the Conference Report 108-401 accompanying the Consolidated
Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 3).
(b) Disregard Amount.--In the statement of the managers on the
Conference Report 108-401 accompanying the Consolidated Appropriations
Act, 2004 (Public Law 108-199; 118 Stat. 3), in the matter in title III
of division E, relating to the Fund for the Improvement of
Postsecondary Education under the heading ``Higher Education'', the
provision specifying $800,000 for Wahpeton State School of Science and
North Dakota State University to recruit, retain and train pharmacy
technicians shall be disregarded.
(c) Appropriation.--There is appropriated an amount equal to
$795,280 to the Department of Labor, Employment and Training
Administration for ``Training and Employment Services'', available for
obligation for the period from July 1, 2004, through June 30, 2005, of
which--
(1) $200,000 shall be made available to the North Dakota State
School of Science to recruit, retain, and train pharmacy
technicians;
(2) $297,640 shall be made available to Bismarck State College
for training and education related to its electric power plant
technologies curriculum; and
(3) $297,640 shall be made available for Minot State University
for the Job Corps Fellowship Training Program.
(d) The matter under the heading ``Institute of Museum and Library
Services'' in title IV of the Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations Act, 2004,
(Public Law 108-199, division E) is amended by striking ``Michigan
Space and Science Center, Jackson, Michigan, for development of the
strategic plan, operational costs and personnel'' and inserting
``Jackson Intermediate School District, Jackson, Michigan, for
equipment and materials for the Math and Science Resource Library''.
Sec. 14005. Of the unobligated amounts available for the District
of Columbia Public Schools under this heading, $10,600,000 are
rescinded immediately upon enactment of this Act. For a Federal payment
to the District of Columbia under this heading, $10,600,000, available
immediately upon enactment of this Act, to improve public school
education in the District of Columbia, to remain available until
September 30, 2005.
Sec. 14006. The numerical limitation contained in section
214(g)(1)(B) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(1)(B)) shall not apply to any nonimmigrant alien issued a visa
or otherwise provided status under section 101(a)(15)(H)(ii)(b) of such
Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) who is employed (or has received
an offer of employment) as a fish roe processor, a fish roe technician,
or a supervisor of fish roe processing.
Sec. 14007. 2005 Discretionary Limits. (a) In General.--For the
purposes of section 302(a) of the Congressional Budget Act of 1974, the
allocation of the appropriate levels of budget totals for the Senate
Committee on Appropriations for fiscal year 2005 shall be--
(1) for total discretionary spending--
(A) $821,419,000,000 in total new budget authority; and
(B) $905,328,000,000 in total budget outlays; and
(2) for mandatory--
(A) $460,008,000,000 in total new budget authority; and
(B) $445,525,000,000 in total budget outlays;
until a concurrent resolution on the budget for fiscal year 2005 is
agreed to by the Senate and the House of Representatives pursuant to
section 301 of the Congressional Budget Act of 1974.
(b) Adjustments and Limits.--The following limits and adjustments
provided in S. Con. Res. 95 (108th Congress) shall apply to subsection
(a):
(1) Sections 311 and 403 for fiscal year 2005.
(2) Sections 312 and 402 which shall apply to both fiscal years
2004 and 2005.
(c) Definition.--In this section, the term ``total discretionary
spending'' includes the discretionary category, the mass transit
category, and the highway category.
(d) Repeal.--Section 504 of H. Con. Res. 95 (108th Congress) is
repealed.
(e) Effective Date.--This section shall take effect on the date of
enactment of this Act.
Sec. 14008. Amounts appropriated or otherwise made available in
chapters 1 and 2 of this title are each designated as an emergency
requirement pursuant to section 402 of S. Con. Res. 95 (108th
Congress), as made applicable to the House of Representatives by H.
Res. 649 (108th Congress) and applicable to the Senate by section 14007
of this Act.
This Act may be cited as the ``Department of Defense Appropriations
Act, 2005''.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.