7df7130183466247d7c8c343d9bcc99e748436474f29cca6d2edeb37870f281c

be used for publicity or propaganda purposes not authorized by the
Congress.

31f9b22b03d0bdca74dcd887a4559147afb91d59b030a9fed7240f0989edcabb

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.

7fe23254d090ec2a32d29678b6c5c37fc2662939b8315b0146714cf2635e8a62

remain available for obligation beyond the current fiscal year, unless
expressly so provided herein.

943d307e291a2ca062101d1518191037076fc81235815b7d4cd028c16624801e

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)

2982c2abf75dcf49b3f38ede1994f5794e46f7363d00671022b5eb44920120d0

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)

aa5ef8862db26af7bf67b88d11bf543687959ae2b13ea099259e30a0c35ee755

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.

42b368cb663d12cbc7f0f7cdf6d4d1c80de5ece1ccde80ad759458db6c2e600e

initiate a special access program without prior notification 30
calendar days in session in advance to the congressional defense
committees.

ba697655c9b7b569a3ae722df25ca0835ebcab7620a4acde3e84cd2acde65d66

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.

ad2f519f9a3802645528298994547737b1f2243c560b0978f7f5ea0742959f6c

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.

c9163942218cf3670811cfc9c1f331a97632316d2376359822cfa6c41ea02259

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.

ffbc6dd63500be85a5c395f2314dacfcb8309565d2f71cf7441a94b9168388c0

may be used to initiate a new installation overseas without 30-day
advance notification to the Committees on Appropriations.

3a4841e7e02e2c1b0b92758da57976a54e9ac8a1b6ef6576abf1f8d8a6d8546b

used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before the
Congress.

6508d47dd037902d5b7f5c3777632959eb01a5759e6fe8653a14d6494bddf105

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.

094ffd5eb63896b1c34610743b4cc7a2431d7d5e26ab5a66f7d69c6d917a3532

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)

6a72ffa5285cbae89df6ffcde68919236b94b1da658a7d92087acbacc2039f11

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.

21213692c6ef02afcfa2ca8c13223c2eeb91a8e958259614842a9d8fa101b55b

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.

49b42902f47eeadbb90eb28870909b6e6bb6378df80d13f678932323b6d497bf

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.

375abca76720567408be882d53c6966c167755d4f881f5338b2c8e54ac97cb3e

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.

ec18f014f3a23f38b8000084656119ebcbe1d71b52e02d38000da3de14b6dc1e

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.

beabd1df941577643fe4da545627eee928cbbe88c2956d32b1b5aa36ef5ccd97

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.

ae32493e7f0236b3815b734855ad5d8443b814264b836310d7c8d41ae7fdbcb6

$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.

eed6e5f754f0c4439ea0c9f142b94e10a230288fdd5800e6d294cb5a486dda17

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.

858ea6552040825d2d687a7d74bdbb5ca5edccea51acfb835fe9be83ab44198e

Information Service shall not be used for any national or international
political or psychological activities.

88c749626b5eea4e7a98b685262160e62423ed8b5bb86acedd33f65d1a96e5a1

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.

d5c07b5adea07b525535ae5ef768e03b1687cb6a2cc0f5d859c35269fee7d084

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).

d8b2272e93fc9212e5c952873584676c2c3344532e9f04be1465a6783456396a

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)

4c621405dabcf36c57525372b196f5bebf249b857ae7bd145757577298ba5fbc

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.

85713fb83af31480685f623788f033a23b5c80940785a41825c34d7b8a755f65

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.

d0afcf3c26705d9645895c7bdaa81c7d5ce888076a096b56dd0def4e47c18fda

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.

d35d9c8a83a78b998fa369b1b651e745469581f666a8a603362c0eaf2b7794e9

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.

66f48f17bf8fdaab6d59ecc92aa9568023bafbd48e13d9782962a0f29293bcf1

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.

cf4d55e6f409551a10e32e7fcf9d575b66b54d9df11e2cf405578cf9524680f1

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.).

75e61e184e8da02cd4d3a8c8e776703f7311396441b9b23d555b4f62c8438ed7

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)

04969c2fca77fda427daee04c6b9351799e5b534cc49bf7813141d938e65e898

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.

373705391526b01630ab539f1359ca6158d079a28967d9ec8e389cd36aae0459

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.

281f2bc300e8f11b468d37e3ed5c614bc5f9197df8d264fdd411dba2f633584c

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.

d83c26f7fd2f106c85f144e82b181b5015b598e764f70b6176e47c3bc2a3ce3d

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)

94805058b17ee1185e76e9790be75bf7306e4d96ac7b4caa4b76a3ab15012f51

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.

21ba956c49dabb98dccba445580b38ff1d686bd96df1d950af87f64b96458685

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).

6c03c56c2d0c5ea67fa7e377dc9fa32512cfdbd10b8b900ec6bab4c4344162f8

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.

41a0785caa101bcb4f405b0fa64786dfcccc9eedb643500ced897f635bfd722c

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.

8f2045c3549a833f1532968f8084241e277ae297cacd8bf7df548cc81a75bf6b

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.

5c65bd1320535d1fe5ec13fad16ad3e95046cc38ac215f8d6791be4d68bb2429

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.

f32f67dc4242927ccfefdd931bf2233f1d527bf0607a64cce21c4840f0efe761

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.

21f8d13b5a3c4e16176c8e5551dee4d9d92df96c56672a8bc6137df1643ada68

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.

d02d024b3de7c2ab4b34374d6c572982db9058df48b7c8db51b055933a0e1219

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.

9aecdb4cfbe2c08abf4f5dd35e7ceb5f9068516e76863acfcd6ea815388cfca7

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)

311bbf3db2b3f120f995b5db79b4090d9db7490f8238efdd7286e6420ed4ef46

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)

4a37cb84334e7af239e00c8ef4b66299409b2d0d67e28986593ed7f8d0512eab

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.

41c27656825cd2f913e273f9863a8b0072cd3a3a3fea3c73709b8b6779d50d0a

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.

f3d0b0c7b3aba3ff6da7d7227ee674f3c2a1ccb0354baa0efb8662d4a89f9a7c

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.

1c02356110544cada53e6524ac665814e782570e112e132dc30a1fd5ffabde76

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.

dedf3d92cd7d7ebbbbed810b6b04d71958d0aac0eb378d123a075b170e905d0d

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.

198726b98ee9ac3ec1963db9d82b55243075ff0843ee10ad30f7573600e78b35

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.

8c4d70dd19ef0b1a3efc0d1b92ce294652fe1560b718fbd3855d9552e8dc760a

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.

d87a874dd27af2cdacce3ff10ed95662241ea0d18dbe044cfec19480ed0a75a7

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.

5356c0192a058f91596f42ef3129977a2c2ad5526c480507c97ed94f46a87584

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)

0d93c0e5aa9142d3087486751c4cbf5839b4cbfe580de6704a2e93fbee78b483

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.

15dfdf2ccc8e26d8cb41199338867ce585d3c137c9166dd19f668fcba421ab96

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.

e859d82828adfcfa7a2064a5942989394623c26b4de17b91d0daf176c5e2a4e5

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.

467f1cab7abfadec4552b55dc6ddc94429c9bc68a93e643ffe241a98db7c86c2

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.

2659064bc15e169afc8c7fd653d97a97caaa68f36dc35582d3b0acacafad2767

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.

6743f3cd4e81d05462ab6c2719b60c91434fdf28349c0544cbad3e2a200da399

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.

0547ebf21b20557349d306de32890c8303f8b7aff0d8b9b1a75ebf59cf3ea51a

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.

9dde8b0aa67db4e0c07e9b886ad00838309f88b103d787ab5d08716d6b4cdf69

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.

bcb80a29ab5de9b11deed94f0eebbae17edb5b7b9e5f74959a89cb87eb8b4f4d

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.

50d35d864393986429d6293596c012d174b72ac3d75fa804a8e87813e381191c

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)

f38ea9d063c6690d461a5f88d585a6ea9a1859fa138262724bbeae1103861cc4

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.

c1115b6eaaef7db6011d49b43cb243b67513f82fe48cd33f4003affdab230252

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.

6318332c0f244384d783d5e871114e2655cbf5327a0068160c26c77371dc550d

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.

83e32c5ba3c58cf44157ab15f018b0f83b3d332813743027952818bb8669accd

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.

f12095470c34c595850d68141a74054006d3862919f65b4d22b50386061b98a5

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.

dcce6f4a7dfbd858d22f41cbcbc85fffaa6ec3a2c5edd0fdad89b33bc0f7736a

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.

86aa27a11e207a918a7ac8b5124d1dc25f96d19d714dfe0e04a3eef42f80499e

to approve or license the sale of the F-22 advanced tactical fighter to
any foreign government.

a88ee8f97c64cb4ddd04f1669eeb07b63a31cb2bfd0a1f781c6a398f6f085864

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.

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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.

6e5e0e4e6c961388d63d40de7e5fa6eb25d57208e58457dc02cf8a2fba8f30fd

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.

d17f2a26afcf6c8cfd8dac5a15a77888ea53f46372ea7c632ec6b12a2fc3648a

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.

7088dd1fd3431faac0b5353fd7ef9302eacefaec2e17f0176ba167d3971f19d8

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.

16732ca40966f0d65fcf2d334b2d5c62800313afd1a5727dc7e7ec73ebaaf089

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.

47a2bbada380424fb3c0a87359136ac714ae966e0202f3ef78569268e819de2d

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.

9755ed91da1ba3fbeb75bf9ba18085ddb4616c45c432356a536e458da68bcac2

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.

49553d6fd0ced05cb9f69cdf2ac2ae3f48a81db3e98ef1bc8fcec0a0fb8bc30b

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).

c1713c23fbd930c47c9439afe5b4589b7769fcfd6ead6d8aac05e96963ebcf58

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.

58a4f773408d06087d6cfbb65170bb54282112867e8eac3269d8a8c83c9b09da

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.

1bfed8f5975b5b5eba2295cc09f38f930aa01659b6df9d8afc4a69a28b5ca201

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.

fc1b3fb0c8fd3b01a13610f964f3efc5ca3328309705214b6fbbe275fe8f34c5

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.

731de353d6ed67cdc954b80d640bab97678b40533bffda45f826111647b70568

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.

9fe8cbaa6ea11198c873bd216ce9b92492116f91879fb65957647b1409e9672c

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)

6f7273be309c1b41179fc0c06d765f8f413ddcc5ecd1a499666c9bc83af5d8f8

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.

e7a8efdc9510ea0579c20907a8fd8bce8f43ac40ec381d3c370247e73180e605

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.

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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.

90a0fdaa71bbb80f657f950e2e4d7197de4cadac5dc41c34d24e3bee0d71b70e

$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.

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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.

d334c2d5d716d2943574910149e1b3b9a1366043a3c6ccde33b9c201d9fd2044

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)

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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.

d002c91ea83fb125660ae184a01916f7c58ecee6e0545bd273d4b97f20bac8dd

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)

f323a84a5a3ed5240f90e740fbfdf94eadfd68ed7171834044537c873bac4105

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)

2d0cc47d41e57d0a3bee486ade4d6301bffaadb6492330f9f35b636a39451c7c

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.

c7ee1c750ed83ab905015ca81031ec23133c6694862861c476237559ac66653f

Appropriations bill FY2005, Defense — HR. 4613

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