House Report 108-622

94-916

2004
108TH CONGRESS 2D SESSION
HOUSE OF REPRESENTATIVES
Report

108-622

MAKING APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2005, AND FOR OTHER PURPOSES

CONFERENCE REPORT

to accompany

H.R. 4613

[Graphic image not available]

JULY 20, 2004- Ordered to be printed

MAKING APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2005, AND FOR OTHER PURPOSES

108TH CONGRESS

Report

HOUSE OF REPRESENTATIVES

2d Session

108-622

--MAKING APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2005, AND FOR OTHER PURPOSES

July 20, 2004- Ordered to be printed

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

CONFERENCE REPORT

[To accompany H.R. 4613]

The committee of conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 4613) `making appropriations for the Department of Defense for the fiscal year ending September 30, 2005, and for other purposes', having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows:

That the House recede from its disagreement to the amendment of the Senate, and agree to the same with an amendment, as follows:

In lieu of the matter stricken and inserted by said amendment, insert:

That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2005, for military functions administered by the Department of Defense, and for other purposes, namely:

TITLE I

MILITARY PERSONNEL

MILITARY PERSONNEL, ARMY

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

MILITARY PERSONNEL, NAVY

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

MILITARY PERSONNEL, MARINE CORPS

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

MILITARY PERSONNEL, AIR FORCE

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

RESERVE PERSONNEL, ARMY

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

RESERVE PERSONNEL, NAVY

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

RESERVE PERSONNEL, MARINE CORPS

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

RESERVE PERSONNEL, AIR FORCE

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

NATIONAL GUARD PERSONNEL, ARMY

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

NATIONAL GUARD PERSONNEL, AIR FORCE

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

TITLE II

OPERATION AND MAINTENANCE

OPERATION AND MAINTENANCE, ARMY

(INCLUDING TRANSFER OF FUNDS)

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

OPERATION AND MAINTENANCE, NAVY

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

OPERATION AND MAINTENANCE, MARINE CORPS

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

OPERATION AND MAINTENANCE, AIR FORCE

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

OPERATION AND MAINTENANCE, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

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

OPERATION AND MAINTENANCE, ARMY RESERVE

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

OPERATION AND MAINTENANCE, NAVY RESERVE

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

OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

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

OPERATION AND MAINTENANCE, AIR FORCE RESERVE

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

OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

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

OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

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

OVERSEAS CONTINGENCY OPERATIONS TRANSFER ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

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

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

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

ENVIRONMENTAL RESTORATION, ARMY

(INCLUDING TRANSFER OF FUNDS)

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

ENVIRONMENTAL RESTORATION, NAVY

(INCLUDING TRANSFER OF FUNDS)

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

ENVIRONMENTAL RESTORATION, AIR FORCE

(INCLUDING TRANSFER OF FUNDS)

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

ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

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

ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES

(INCLUDING TRANSFER OF FUNDS)

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

OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

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

FORMER SOVIET UNION THREAT REDUCTION ACCOUNT

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

TITLE III

PROCUREMENT

AIRCRAFT PROCUREMENT, ARMY

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

MISSILE PROCUREMENT, ARMY

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

PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY

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

PROCUREMENT OF AMMUNITION, ARMY

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

OTHER PROCUREMENT, ARMY

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

AIRCRAFT PROCUREMENT, NAVY

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

WEAPONS PROCUREMENT, NAVY

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

PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS

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

SHIPBUILDING AND CONVERSION, NAVY

For expenses necessary for the construction, acquisition, or conversion of vessels as authorized by law, including armor and armament thereof, plant equipment, appliances, and machine tools and installation thereof in public and private plants; reserve plant and Government and contractor-owned equipment layaway; procurement of critical, long leadtime components and designs for vessels to be constructed or converted in the future; and expansion of public and private plants, including land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title, as follows:

Carrier Replacement Program (AP), $626,084,000;

NSSN, $1,581,143,000;

NSSN (AP), $871,864,000;

SSGN, $469,226,000;

SSGN (AP), $48,000,000;

CVN Refuelings (AP), $333,061,000;

SSN Submarine Refuelings (AP), $19,368,000;

SSBN Submarine Refuelings, $262,229,000;

SSBN Submarine Refuelings (AP), $63,971,000;

DDG-51 Destroyer, $3,444,950,000;

DD(X) (AP), $305,516,000;

DDG-51 Destroyer Modernization, $50,000,000;

LPD-17, $966,559,000;

LHD-8, $236,018,000;

LHA-R (AP), $150,000,000;

LCU (X), $25,048,000;

LCAC Landing Craft Air Cushion, $90,490,000;

Prior year shipbuilding costs, $484,390,000;

Service Craft, $36,899,000;

Power Unit Assembly Facility, $11,300,000; and

For outfitting, post delivery, conversions, and first destination transportation, $351,327,000.

In all: $10,427,443,000, to remain available for obligation until September 30, 2009: Provided, That additional obligations may be incurred after September 30, 2009, for engineering services, tests, evaluations, and other such budgeted work that must be performed in the final stage of ship construction: Provided further, That none of the funds provided under this heading for the construction or conversion of any naval vessel to be constructed in shipyards in the United States shall be expended in foreign facilities for the construction of major components of such vessel: Provided further, That none of the funds provided under this heading shall be used for the construction of any naval vessel in foreign shipyards.

OTHER PROCUREMENT, NAVY

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

PROCUREMENT, MARINE CORPS

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

AIRCRAFT PROCUREMENT, AIR FORCE

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

MISSILE PROCUREMENT, AIR FORCE

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

PROCUREMENT OF AMMUNITION, AIR FORCE

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

OTHER PROCUREMENT, AIR FORCE

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

PROCUREMENT, DEFENSE-WIDE

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

NATIONAL GUARD AND RESERVE EQUIPMENT

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

DEFENSE PRODUCTION ACT PURCHASES

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

TITLE IV

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

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

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

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

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE

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

OPERATIONAL TEST AND EVALUATION, DEFENSE

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

TITLE V

REVOLVING AND MANAGEMENT FUNDS

DEFENSE WORKING CAPITAL FUNDS

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

NATIONAL DEFENSE SEALIFT FUND

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

TITLE VI

OTHER DEPARTMENT OF DEFENSE PROGRAMS

DEFENSE HEALTH PROGRAM

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

CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, ARMY

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

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

(INCLUDING TRANSFER OF FUNDS)

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

OFFICE OF THE INSPECTOR GENERAL

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

TITLE VII

RELATED AGENCIES

CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM FUND

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

INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

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

NATIONAL SECURITY EDUCATION TRUST FUND

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

TITLE VIII

GENERAL PROVISIONS

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

SEC. 8002. During the current fiscal year, provisions of law prohibiting the payment of compensation to, or employment of, any person not a citizen of the United States shall not apply to personnel of the Department of Defense: Provided, That salary increases granted to direct and indirect hire foreign national employees of the Department of Defense funded by this Act shall not be at a rate in excess of the percentage increase authorized by law for civilian employees of the Department of Defense whose pay is computed under the provisions of section 5332 of title 5, United States Code, or at a rate in excess of the percentage increase provided by the appropriate host nation to its own employees, whichever is higher: Provided further, That this section shall not apply to Department of Defense foreign service national employees serving at United States diplomatic missions whose pay is set by the Department of State under the Foreign Service Act of 1980: Provided further, That the limitations of this provision shall not apply to foreign national employees of the Department of Defense in the Republic of Turkey.

SEC. 8003. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year, unless expressly so provided herein.

SEC. 8004. No more than 20 percent of the appropriations in this Act which are limited for obligation during the current fiscal year shall be obligated during the last 2 months of the fiscal year: Provided, That this section shall not apply to obligations for support of active duty training of reserve components or summer camp training of the Reserve Officers' Training Corps.

(TRANSFER OF FUNDS)

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

(TRANSFER OF FUNDS)

SEC. 8006. During the current fiscal year, cash balances in working capital funds of the Department of Defense established pursuant to section 2208 of title 10, United States Code, may be maintained in only such amounts as are necessary at any time for cash disbursements to be made from such funds: Provided, That transfers may be made between such funds: Provided further, That transfers may be made between working capital funds and the `Foreign Currency Fluctuations, Defense' appropriation and the `Operation and Maintenance' appropriation accounts in such amounts as may be determined by the Secretary of Defense, with the approval of the Office of Management and Budget, except that such transfers may not be made unless the Secretary of Defense has notified the Congress of the proposed transfer. Except in amounts equal to the amounts appropriated to working capital funds in this Act, no obligations may be made against a working capital fund to procure or increase the value of war reserve material inventory, unless the Secretary of Defense has notified the Congress prior to any such obligation.

SEC. 8007. Funds appropriated by this Act may not be used to initiate a special access program without prior notification 30 calendar days in session in advance to the congressional defense committees.

SEC. 8008. None of the funds provided in this Act shall be available to initiate: (1) a multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any 1 year of the contract or that includes an unfunded contingent liability in excess of $20,000,000; or (2) a contract for advance procurement leading to a multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any 1 year, unless the congressional defense committees have been notified at least 30 days in advance of the proposed contract award: Provided, That no part of any appropriation contained in this Act shall be available to initiate a multiyear contract for which the economic order quantity advance procurement is not funded at least to the limits of the Government's liability: Provided further, That no part of any appropriation contained in this Act shall be available to initiate multiyear procurement contracts for any systems or component thereof if the value of the multiyear contract would exceed $500,000,000 unless specifically provided in this Act: Provided further, That no multiyear procurement contract can be terminated without 10-day prior notification to the congressional defense committees: Provided further, That the execution of multiyear authority shall require the use of a present value analysis to determine lowest cost compared to an annual procurement: Provided further, That none of the funds provided in this Act may be used for a multiyear contract executed after the date of the enactment of this Act unless in the case of any such contract--

(1) the Secretary of Defense has submitted to Congress a budget request for full funding of units to be procured through the contract;

(2) cancellation provisions in the contract do not include consideration of recurring manufacturing costs of the contractor associated with the production of unfunded units to be delivered under the contract;

(3) the contract provides that payments to the contractor under the contract shall not be made in advance of incurred costs on funded units; and

(4) the contract does not provide for a price adjustment based on a failure to award a follow-on contract.

Funds appropriated in title III of this Act may be used for a multiyear procurement contract as follows:

Lightweight 155mm Howitzer.

SEC. 8009. Within the funds appropriated for the operation and maintenance of the Armed Forces, funds are hereby appropriated pursuant to section 401 of title 10, United States Code, for humanitarian and civic assistance costs under chapter 20 of title 10, United States Code. Such funds may also be obligated for humanitarian and civic assistance costs incidental to authorized operations and pursuant to authority granted in section 401 of chapter 20 of title 10, United States Code, and these obligations shall be reported as required by section 401(d) of title 10, United States Code: Provided, That funds available for operation and maintenance shall be available for providing humanitarian and similar assistance by using Civic Action Teams in the Trust Territories of the Pacific Islands and freely associated states of Micronesia, pursuant to the Compact of Free Association as authorized by Public Law 99-239: Provided further, That upon a determination by the Secretary of the Army that such action is beneficial for graduate medical education programs conducted at Army medical facilities located in Hawaii, the Secretary of the Army may authorize the provision of medical services at such facilities and transportation to such facilities, on a nonreimbursable basis, for civilian patients from American Samoa, the Commonwealth of the Northern Mariana Islands, the Marshall Islands, the Federated States of Micronesia, Palau, and Guam.

SEC. 8010. (a) During fiscal year 2005, the civilian personnel of the Department of Defense may not be managed on the basis of any end-strength, and the management of such personnel during that fiscal year shall not be subject to any constraint or limitation (known as an end-strength) on the number of such personnel who may be employed on the last day of such fiscal year.

(b) The fiscal year 2006 budget request for the Department of Defense as well as all justification material and other documentation supporting the fiscal year 2006 Department of Defense budget request shall be prepared and submitted to the Congress as if subsections (a) and (b) of this provision were effective with regard to fiscal year 2006.

(c) Nothing in this section shall be construed to apply to military (civilian) technicians.

SEC. 8011. None of the funds appropriated in this or any other Act may be used to initiate a new installation overseas without 30-day advance notification to the Committees on Appropriations.

SEC. 8012. None of the funds made available by this Act shall be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before the Congress.

SEC. 8013. None of the funds appropriated by this Act shall be available for the basic pay and allowances of any member of the Army participating as a full-time student and receiving benefits paid by the Secretary of Veterans Affairs from the Department of Defense Education Benefits Fund when time spent as a full-time student is credited toward completion of a service commitment: Provided, That this subsection shall not apply to those members who have reenlisted with this option prior to October 1, 1987: Provided further, That this subsection applies only to active components of the Army.

SEC. 8014. (a) LIMITATION ON CONVERSION TO CONTRACTOR PERFORMANCE- None of the funds appropriated by this Act shall be available to convert to contractor performance an activity or function of the Department of Defense that, on or after the date of the enactment of this Act, is performed by more than 10 Department of Defense civilian employees unless--

(1) the conversion is based on the result of a public-private competition that includes a most efficient and cost effective organization plan developed by such activity or function;

(2) the Competitive Sourcing Official determines that, over all performance periods stated in the solicitation of offers for performance of the activity or function, the cost of performance of the activity or function by a contractor would be less costly to the Department of Defense by an amount that equals or exceeds the lesser of--

(A) 10 percent of the most efficient organization's personnel-related costs for performance of that activity or function by Federal employees; or

(B) $10,000,000; and

(3) the contractor does not receive an advantage for a proposal that would reduce costs for the Department of Defense by--

(A) not making an employer-sponsored health insurance plan available to the workers who are to be employed in the performance of that activity or function under the contract; or

(B) offering to such workers an employer-sponsored health benefits plan that requires the employer to contribute less towards the premium or subscription share than the amount that is paid by the Department of Defense for health benefits for civilian employees under chapter 89 of title 5, United States Code.

(b) EXCEPTIONS-

(1) The Department of Defense, without regard to subsection (a) of this section or subsections (a), (b), or (c) of section 2461 of title 10, United States Code, and notwithstanding any administrative regulation, requirement, or policy to the contrary shall have full authority to enter into a contract for the performance of any commercial or industrial type function of the Department of Defense that--

(A) is included on the procurement list established pursuant to section 2 of the Javits-Wagner-O'Day Act (41 U.S.C. 47);

(B) is planned to be converted to performance by a qualified nonprofit agency for the blind or by a qualified nonprofit agency for other severely handicapped individuals in accordance with that Act; or

(C) is planned to be converted to performance by a qualified firm under at least 51 percent ownership by an Indian tribe, as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)), or a Native Hawaiian Organization, as defined in section 8(a)(15) of the Small Business Act (15 U.S.C. 637(a)(15)).

(2) This section shall not apply to depot contracts or contracts for depot maintenance as provided in sections 2469 and 2474 of title 10, United States Code.

(c) TREATMENT OF CONVERSION- The conversion of any activity or function of the Department of Defense under the authority provided by this section shall be credited toward any competitive or outsourcing goal, target, or measurement that may be established by statute, regulation, or policy and is deemed to be awarded under the authority of, and in compliance with, subsection (h) of section 2304 of title 10, United States Code, for the competition or outsourcing of commercial activities.

(TRANSFER OF FUNDS)

SEC. 8015. Funds appropriated in title III of this Act for the Department of Defense Pilot Mentor-Protege Program may be transferred to any other appropriation contained in this Act solely for the purpose of implementing a Mentor-Protege Program developmental assistance agreement pursuant to section 831 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as amended, under the authority of this provision or any other transfer authority contained in this Act.

SEC. 8016. None of the funds in this Act may be available for the purchase by the Department of Defense (and its departments and agencies) of welded shipboard anchor and mooring chain 4 inches in diameter and under unless the anchor and mooring chain are manufactured in the United States from components which are substantially manufactured in the United States: Provided, That for the purpose of this section manufactured will include cutting, heat treating, quality control, testing of chain and welding (including the forging and shot blasting process): Provided further, That for the purpose of this section substantially all of the components of anchor and mooring chain shall be considered to be produced or manufactured in the United States if the aggregate cost of the components produced or manufactured in the United States exceeds the aggregate cost of the components produced or manufactured outside the United States: Provided further, That when adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis, the Secretary of the service responsible for the procurement may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations that such an acquisition must be made in order to acquire capability for national security purposes.

SEC. 8017. None of the funds appropriated by this Act available for the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) or TRICARE shall be available for the reimbursement of any health care provider for inpatient mental health service for care received when a patient is referred to a provider of inpatient mental health care or residential treatment care by a medical or health care professional having an economic interest in the facility to which the patient is referred: Provided, That this limitation does not apply in the case of inpatient mental health services provided under the program for persons with disabilities under subsection (d) of section 1079 of title 10, United States Code, provided as partial hospital care, or provided pursuant to a waiver authorized by the Secretary of Defense because of medical or psychological circumstances of the patient that are confirmed by a health professional who is not a Federal employee after a review, pursuant to rules prescribed by the Secretary, which takes into account the appropriate level of care for the patient, the intensity of services required by the patient, and the availability of that care.

SEC. 8018. Notwithstanding any other provision of law, during the current fiscal year and hereafter, the Secretary of Defense may, by executive agreement, establish with host nation governments in NATO member states a separate account into which such residual value amounts negotiated in the return of United States military installations in NATO member states may be deposited, in the currency of the host nation, in lieu of direct monetary transfers to the United States Treasury: Provided, That such credits may be utilized only for the construction of facilities to support United States military forces in that host nation, or such real property maintenance and base operating costs that are currently executed through monetary transfers to such host nations: Provided further, That the Department of Defense's budget submission for subsequent fiscal years shall identify such sums anticipated in residual value settlements, and identify such construction, real property maintenance or base operating costs that shall be funded by the host nation through such credits: Provided further, That all military construction projects to be executed from such accounts must be previously approved in a prior Act of Congress: Provided further, That each such executive agreement with a NATO member host nation shall be reported to the congressional defense committees, the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate 30 days prior to the conclusion and endorsement of any such agreement established under this provision.

SEC. 8019. None of the funds available to the Department of Defense may be used to demilitarize or dispose of M-1 Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or M-1911 pistols.

SEC. 8020. No more than $500,000 of the funds appropriated or made available in this Act shall be used during a single fiscal year for any single relocation of an organization, unit, activity or function of the Department of Defense into or within the National Capital Region: Provided, That the Secretary of Defense may waive this restriction on a case-by-case basis by certifying in writing to the congressional defense committees that such a relocation is required in the best interest of the Government.

SEC. 8021. In addition to the funds provided elsewhere in this Act, $8,000,000 is appropriated only for incentive payments authorized by section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544): Provided, That a prime contractor or a subcontractor at any tier that makes a subcontract award to any subcontractor or supplier as defined in 25 U.S.C. 1544 or a small business owned and controlled by an individual or individuals defined under 25 U.S.C. 4221(9) shall be considered a contractor for the purposes of being allowed additional compensation under section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544) whenever the prime contract or subcontract amount is over $500,000 and involves the expenditure of funds appropriated by an Act making Appropriations for the Department of Defense with respect to any fiscal year: Provided further, That notwithstanding 41 U.S.C. 430, this section shall be applicable to any Department of Defense acquisition of supplies or services, including any contract and any subcontract at any tier for acquisition of commercial items produced or manufactured, in whole or in part by any subcontractor or supplier defined in 25 U.S.C. 1544 or a small business owned and controlled by an individual or individuals defined under 25 U.S.C. 4221(9): Provided further, That businesses certified as 8(a) by the Small Business Administration pursuant to section 8(a)(15) of Public Law 85-536, as amended, shall have the same status as other program participants under section 602 of Public Law 100-656, 102 Stat. 3825 (Business Opportunity Development Reform Act of 1988) for purposes of contracting with agencies of the Department of Defense.

SEC. 8022. None of the funds appropriated by this Act shall be available to perform any cost study pursuant to the provisions of OMB Circular A-76 if the study being performed exceeds a period of 24 months after initiation of such study with respect to a single function activity or 30 months after initiation of such study for a multi-function activity.

SEC. 8023. Funds appropriated by this Act for the American Forces Information Service shall not be used for any national or international political or psychological activities.

SEC. 8024. Notwithstanding any other provision of law or regulation, the Secretary of Defense may adjust wage rates for civilian employees hired for certain health care occupations as authorized for the Secretary of Veterans Affairs by section 7455 of title 38, United States Code.

SEC. 8025. (a) Of the amount appropriated by title II under the heading `OPERATION AND MAINTENANCE, AIR FORCE', up to $2,500,000 may be used for the acquisition of Native Allotment F-14589 by the Secretary of the Air Force in accordance with this section (including for the appraisal under this section), and for fully compensating the owners of such allotment for the damages caused to such owners by Air Force occupancy of property comprising that allotment.

(b) The acquisition under this section may be made only with the consent of the owners of Native Allotment F-14589 and only for the appraised fair market value of that allotment, as determined by the appraiser under subsection (c).

(c) Not later than 60 days after the date of the enactment of this Act, the Secretary of the Air Force shall select, jointly with the owners of Native Allotment F-14589, and retain a qualified appraiser to appraise the fair market value of that allotment. The appraiser shall be an appraiser who is independent of the Department of the Air Force and the owners of the allotment. The Secretary shall ensure that the appraiser completes the appraisal not later than 180 days after the date of the enactment of this Act. The Secretary shall pay the costs of the appraisal.

(d) The Secretary of the Air Force shall complete the acquisition of Native Allotment F-14589 not later than September 30, 2005, subject to the conditions set forth in subsection (b).

SEC. 8026. During the current fiscal year, the Department of Defense is authorized to incur obligations of not to exceed $350,000,000 for purposes specified in section 2350j(c) of title 10, United States Code, in anticipation of receipt of contributions, only from the Government of Kuwait, under that section: Provided, That upon receipt, such contributions from the Government of Kuwait shall be credited to the appropriations or fund which incurred such obligations.

(INCLUDING TRANSFER OF FUNDS)

SEC. 8027. (a) Of the funds made available in this Act, not less than $24,971,000 shall be available for the Civil Air Patrol Corporation, of which--

(1) $21,588,000 shall be available from `Operation and Maintenance, Air Force' to support Civil Air Patrol Corporation operation and maintenance, readiness, counterdrug activities, and drug demand reduction activities involving youth programs;

(2) $2,581,000 shall be available from `Aircraft Procurement, Air Force'; and

(3) $802,000 shall be available from `Other Procurement, Air Force' for vehicle procurement.

(b) The Secretary of the Air Force should waive reimbursement for any funds used by the Civil Air Patrol for counter-drug activities in support of Federal, State, and local government agencies.

SEC. 8028. (a) None of the funds appropriated in this Act are available to establish a new Department of Defense (department) federally funded research and development center (FFRDC), either as a new entity, or as a separate entity administrated by an organization managing another FFRDC, or as a nonprofit membership corporation consisting of a consortium of other FFRDCs and other non-profit entities.

(b) No member of a Board of Directors, Trustees, Overseers, Advisory Group, Special Issues Panel, Visiting Committee, or any similar entity of a defense FFRDC, and no paid consultant to any defense FFRDC, except when acting in a technical advisory capacity, may be compensated for his or her services as a member of such entity, or as a paid consultant by more than one FFRDC in a fiscal year: Provided, That a member of any such entity referred to previously in this subsection shall be allowed travel expenses and per diem as authorized under the Federal Joint Travel Regulations, when engaged in the performance of membership duties.

(c) Notwithstanding any other provision of law, none of the funds available to the department from any source during fiscal year 2005 may be used by a defense FFRDC, through a fee or other payment mechanism, for construction of new buildings, for payment of cost sharing for projects funded by Government grants, for absorption of contract overruns, or for certain charitable contributions, not to include employee participation in community service and/or development.

(d) Notwithstanding any other provision of law, of the funds available to the department during fiscal year 2005, not more than 5,400 staff years of technical effort (staff years) may be funded for defense FFRDCs: Provided, That of the specific amount referred to previously in this subsection, not more than 1,050 staff years may be funded for the defense studies and analysis FFRDCs: Provided further, That this subsection shall not apply to staff years funded in the National Foreign Intelligence Program (NFIP).

(e) The Secretary of Defense shall, with the submission of the department's fiscal year 2006 budget request, submit a report presenting the specific amounts of staff years of technical effort to be allocated for each defense FFRDC during that fiscal year.

(f) Notwithstanding any other provision of this Act, the total amount appropriated in this Act for FFRDCs is hereby reduced by $125,000,000.

SEC. 8029. None of the funds appropriated or made available in this Act shall be used to procure carbon, alloy or armor steel plate for use in any Government-owned facility or property under the control of the Department of Defense which were not melted and rolled in the United States or Canada: Provided, That these procurement restrictions shall apply to any and all Federal Supply Class 9515, American Society of Testing and Materials (ASTM) or American Iron and Steel Institute (AISI) specifications of carbon, alloy or armor steel plate: Provided further, That the Secretary of the military department responsible for the procurement may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made in order to acquire capability for national security purposes: Provided further, That these restrictions shall not apply to contracts which are in being as of the date of the enactment of this Act.

SEC. 8030. For the purposes of this Act, the term `congressional defense committees' means the Armed Services Committee of the House of Representatives, the Armed Services Committee of the Senate, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.

SEC. 8031. During the current fiscal year, the Department of Defense may acquire the modification, depot maintenance and repair of aircraft, vehicles and vessels as well as the production of components and other Defense-related articles, through competition between Department of Defense depot maintenance activities and private firms: Provided, That the Senior Acquisition Executive of the military department or Defense Agency concerned, with power of delegation, shall certify that successful bids include comparable estimates of all direct and indirect costs for both public and private bids: Provided further, That Office of Management and Budget Circular A-76 shall not apply to competitions conducted under this section.

SEC. 8032. (a)(1) If the Secretary of Defense, after consultation with the United States Trade Representative, determines that a foreign country which is party to an agreement described in paragraph (2) has violated the terms of the agreement by discriminating against certain types of products produced in the United States that are covered by the agreement, the Secretary of Defense shall rescind the Secretary's blanket waiver of the Buy American Act with respect to such types of products produced in that foreign country.

(2) An agreement referred to in paragraph (1) is any reciprocal defense procurement memorandum of understanding, between the United States and a foreign country pursuant to which the Secretary of Defense has prospectively waived the Buy American Act for certain products in that country.

(b) The Secretary of Defense shall submit to the Congress a report on the amount of Department of Defense purchases from foreign entities in fiscal year 2005. Such report shall separately indicate the dollar value of items for which the Buy American Act was waived pursuant to any agreement described in subsection (a)(2), the Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to which the United States is a party.

(c) For purposes of this section, the term `Buy American Act' means title III of the Act entitled `An Act making appropriations for the Treasury and Post Office Departments for the fiscal year ending June 30, 1934, and for other purposes', approved March 3, 1933 (41 U.S.C. 10a et seq.).

SEC. 8033. Appropriations contained in this Act that remain available at the end of the current fiscal year, and at the end of each fiscal year hereafter, as a result of energy cost savings realized by the Department of Defense shall remain available for obligation for the next fiscal year to the extent, and for the purposes, provided in section 2865 of title 10, United States Code.

(INCLUDING TRANSFER OF FUNDS)

SEC. 8034. Amounts deposited during the current fiscal year and hereafter to the special account established under 40 U.S.C. 572(b)(5)(A) and to the special account established under 10 U.S.C. 2667(d)(1) are appropriated and shall be available until transferred by the Secretary of Defense to current applicable appropriations or funds of the Department of Defense under the terms and conditions specified by 40 U.S.C. 572(b)(5)(B) and 10 U.S.C. 2667(d)(1)(B), to be merged with and to be available for the same time period and the same purposes as the appropriation to which transferred.

SEC. 8035. None of the funds appropriated in this Act shall be used to study, demonstrate, or implement any plans privatizing, divesting or transferring of any Civil Works missions, functions, or responsibilities for the United States Army Corps of Engineers to other government agencies without specific direction in a subsequent Act of Congress.

SEC. 8036. The President shall include with each budget for a fiscal year submitted to the Congress under section 1105 of title 31, United States Code, materials that shall identify clearly and separately the amounts requested in the budget for appropriation for that fiscal year for salaries and expenses related to administrative activities of the Department of Defense, the military departments, and the defense agencies.

SEC. 8037. Notwithstanding any other provision of law, funds available during the current fiscal year and hereafter for `Drug Interdiction and Counter-Drug Activities, Defense' may be obligated for the Young Marines program.

(INCLUDING TRANSFER OF FUNDS)

SEC. 8038. During the current fiscal year, amounts contained in the Department of Defense Overseas Military Facility Investment Recovery Account established by section 2921(c)(1) of the National Defense Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687 note) shall be available until expended for the payments specified by section 2921(c)(2) of that Act.

SEC. 8039. (a) IN GENERAL- Notwithstanding any other provision of law, the Secretary of the Air Force may convey at no cost to the Air Force, without consideration, to Indian tribes located in the States of North Dakota, South Dakota, Montana, and Minnesota relocatable military housing units located at Grand Forks Air Force Base and Minot Air Force Base that are excess to the needs of the Air Force.

(b) PROCESSING OF REQUESTS- The Secretary of the Air Force shall convey, at no cost to the Air Force, military housing units under subsection (a) in accordance with the request for such units that are submitted to the Secretary by the Operation Walking Shield Program on behalf of Indian tribes located in the States of North Dakota, South Dakota, Montana, and Minnesota.

(c) RESOLUTION OF HOUSING UNIT CONFLICTS- The Operation Walking Shield Program shall resolve any conflicts among requests of Indian tribes for housing units under subsection (a) before submitting requests to the Secretary of the Air Force under subsection (b).

(d) INDIAN TRIBE DEFINED- In this section, the term `Indian tribe' means any recognized Indian tribe included on the current list published by the Secretary of the Interior under section 104 of the Federally Recognized Indian Tribe Act of 1994 (Public Law 103-454; 108 Stat. 4792; 25 U.S.C. 479a-1).

SEC. 8040. During the current fiscal year, appropriations which are available to the Department of Defense for operation and maintenance may be used to purchase items having an investment item unit cost of not more than $250,000.

SEC. 8041. (a) During the current fiscal year, none of the appropriations or funds available to the Department of Defense Working Capital Funds shall be used for the purchase of an investment item for the purpose of acquiring a new inventory item for sale or anticipated sale during the current fiscal year or a subsequent fiscal year to customers of the Department of Defense Working Capital Funds if such an item would not have been chargeable to the Department of Defense Business Operations Fund during fiscal year 1994 and if the purchase of such an investment item would be chargeable during the current fiscal year to appropriations made to the Department of Defense for procurement.

(b) The fiscal year 2006 budget request for the Department of Defense as well as all justification material and other documentation supporting the fiscal year 2006 Department of Defense budget shall be prepared and submitted to the Congress on the basis that any equipment which was classified as an end item and funded in a procurement appropriation contained in this Act shall be budgeted for in a proposed fiscal year 2006 procurement appropriation and not in the supply management business area or any other area or category of the Department of Defense Working Capital Funds.

SEC. 8042. None of the funds appropriated by this Act for programs of the Central Intelligence Agency shall remain available for obligation beyond the current fiscal year, except for funds appropriated for the Reserve for Contingencies, which shall remain available until September 30, 2006: Provided, That funds appropriated, transferred, or otherwise credited to the Central Intelligence Agency Central Services Working Capital Fund during this or any prior or subsequent fiscal year shall remain available until expended: Provided further, That any funds appropriated or transferred to the Central Intelligence Agency for advanced research and development acquisition, for agent operations, and for covert action programs authorized by the President under section 503 of the National Security Act of 1947, as amended, shall remain available until September 30, 2006.

SEC. 8043. Notwithstanding any other provision of law, funds made available in this Act for the Defense Intelligence Agency may be used for the design, development, and deployment of General Defense Intelligence Program intelligence communications and intelligence information systems for the Services, the Unified and Specified Commands, and the component commands.

SEC. 8044. Of the funds appropriated to the Department of Defense under the heading `Operation and Maintenance, Defense-Wide', not less than $10,000,000 shall be made available only for the mitigation of environmental impacts, including training and technical assistance to tribes, related administrative support, the gathering of information, documenting of environmental damage, and developing a system for prioritization of mitigation and cost to complete estimates for mitigation, on Indian lands resulting from Department of Defense activities.

SEC. 8045. (a) None of the funds appropriated in this Act may be expended by an entity of the Department of Defense unless the entity, in expending the funds, complies with the Buy American Act. For purposes of this subsection, the term `Buy American Act' means title III of the Act entitled `An Act making appropriations for the Treasury and Post Office Departments for the fiscal year ending June 30, 1934, and for other purposes', approved March 3, 1933 (41 U.S.C. 10a et seq.).

(b) If the Secretary of Defense determines that a person has been convicted of intentionally affixing a label bearing a `Made in America' inscription to any product sold in or shipped to the United States that is not made in America, the Secretary shall determine, in accordance with section 2410f of title 10, United States Code, whether the person should be debarred from contracting with the Department of Defense.

(c) In the case of any equipment or products purchased with appropriations provided under this Act, it is the sense of the Congress that any entity of the Department of Defense, in expending the appropriation, purchase only American-made equipment and products, provided that American-made equipment and products are cost-competitive, quality-competitive, and available in a timely fashion.

SEC. 8046. None of the funds appropriated by this Act shall be available for a contract for studies, analysis, or consulting services entered into without competition on the basis of an unsolicited proposal unless the head of the activity responsible for the procurement determines--

(1) as a result of thorough technical evaluation, only one source is found fully qualified to perform the proposed work;

(2) the purpose of the contract is to explore an unsolicited proposal which offers significant scientific or technological promise, represents the product of original thinking, and was submitted in confidence by one source; or

(3) the purpose of the contract is to take advantage of unique and significant industrial accomplishment by a specific concern, or to insure that a new product or idea of a specific concern is given financial support: Provided, That this limitation shall not apply to contracts in an amount of less than $25,000, contracts related to improvements of equipment that is in development or production, or contracts as to which a civilian official of the Department of Defense, who has been confirmed by the Senate, determines that the award of such contract is in the interest of the national defense.

SEC. 8047. (a) Except as provided in subsection (b) and (c), none of the funds made available by this Act may be used--

(1) to establish a field operating agency; or

(2) to pay the basic pay of a member of the Armed Forces or civilian employee of the department who is transferred or reassigned from a headquarters activity if the member or employee's place of duty remains at the location of that headquarters.

(b) The Secretary of Defense or Secretary of a military department may waive the limitations in subsection (a), on a case-by-case basis, if the Secretary determines, and certifies to the Committees on Appropriations of the House of Representatives and Senate that the granting of the waiver will reduce the personnel requirements or the financial requirements of the department.

(c) This section does not apply to field operating agencies funded within the National Foreign Intelligence Program.

(INCLUDING TRANSFER OF FUNDS)

SEC. 8048. (a) Upon a determination by the Secretary of the Navy that the vessel USNS Capable (T-AGOS 16) is no longer needed by the Navy, the Secretary shall transfer such vessel to the National Oceanic and Atmospheric Administration as an exploration and research ship.

(b) Upon a transfer of the vessel USNS Capable (T-AGOS 16) under subsection (a), the Secretary of the Navy shall transfer to the Secretary of Commerce $18,000,000 out of funds appropriated by title IV under the heading `Research, Development, Test and Evaluation, Navy'. The amount so transferred shall be available to the National Oceanographic and Atmospheric Administration for the conversion of the vessel for use as an exploration and research ship.

(RESCISSIONS)

SEC. 8049. Of the funds appropriated in Department of Defense Appropriations Acts, the following funds are hereby rescinded from the following accounts and programs in the specified amounts:

`Shipbuilding and Conversion, Navy, 2002/2006', $14,000,000;

`Former Soviet Union Threat Reduction, 2003/2005', $50,000,000;

`Aircraft Procurement, Navy, 2003/2005', $50,000,000;

`Aircraft Procurement, Air Force, 2003/2005', $50,000,000;

`Other Procurement, Army, 2004/2006', $16,000,000;

`Aircraft Procurement, Navy, 2004/2006', $32,800,000;

`Shipbuilding and Conversion, Navy, 2004/2008', $10,300,000;

`Weapons Procurement, Navy, 2004/2006', $25,200,000;

`Other Procurement, Navy, 2004/2006', $41,700,000;

`Procurement, Marine Corps, 2004/2006', $40,200,000;

`Other Procurement, Air Force, 2004/2006', $100,000,000;

`Procurement, Defense-Wide, 2004/2006', $34,571,000;

`Research, Development, Test and Evaluation, Army, 2004/2005', $30,000,000;

`Research, Development, Test and Evaluation, Navy, 2004/2005', $148,500,000;

`Research, Development, Test and Evaluation, Air Force, 2004/2005', $57,666,000; and

`Research, Development, Test and Evaluation, Defense-Wide, 2004/2005', $78,700,000.

SEC. 8050. None of the funds available in this Act may be used to reduce the authorized positions for military (civilian) technicians of the Army National Guard, the Air National Guard, Army Reserve and Air Force Reserve for the purpose of applying any administratively imposed civilian personnel ceiling, freeze, or reduction on military (civilian) technicians, unless such reductions are a direct result of a reduction in military force structure.

SEC. 8051. None of the funds appropriated or otherwise made available in this Act may be obligated or expended for assistance to the Democratic People's Republic of North Korea unless specifically appropriated for that purpose.

SEC. 8052. During the current fiscal year and hereafter, funds appropriated in this Act are available to compensate members of the National Guard for duty performed pursuant to a plan submitted by a Governor of a State and approved by the Secretary of Defense under section 112 of title 32, United States Code: Provided, That during the performance of such duty, the members of the National Guard shall be under State command and control: Provided further, That such duty shall be treated as full-time National Guard duty for purposes of sections 12602(a)(2) and (b)(2) of title 10, United States Code.

SEC. 8053. Funds appropriated in this Act for operation and maintenance of the Military Departments, Combatant Commands and Defense Agencies shall be available for reimbursement of pay, allowances and other expenses which would otherwise be incurred against appropriations for the National Guard and Reserve when members of the National Guard and Reserve provide intelligence or counterintelligence support to Combatant Commands, Defense Agencies and Joint Intelligence Activities, including the activities and programs included within the National Foreign Intelligence Program (NFIP), the Joint Military Intelligence Program (JMIP), and the Tactical Intelligence and Related Activities (TIARA) aggregate: Provided, That nothing in this section authorizes deviation from established Reserve and National Guard personnel and training procedures.

SEC. 8054. During the current fiscal year, none of the funds appropriated in this Act may be used to reduce the civilian medical and medical support personnel assigned to military treatment facilities below the September 30, 2003 level: Provided, That the Service Surgeons General may waive this section by certifying to the congressional defense committees that the beneficiary population is declining in some catchment areas and civilian strength reductions may be consistent with responsible resource stewardship and capitation-based budgeting.

SEC. 8055. (a) LIMITATION ON PENTAGON RENOVATION COSTS- Not later than the date each year on which the President submits to Congress the budget under section 1105 of title 31, United States Code, the Secretary of Defense shall submit to Congress a certification that the total cost for the planning, design, construction, and installation of equipment for the renovation of wedges 2 through 5 of the Pentagon Reservation, cumulatively, will not exceed four times the total cost for the planning, design, construction, and installation of equipment for the renovation of wedge 1.

(b) ANNUAL ADJUSTMENT- For purposes of applying the limitation in subsection (a), the Secretary shall adjust the cost for the renovation of wedge 1 by any increase or decrease in costs attributable to economic inflation, based on the most recent economic assumptions issued by the Office of Management and Budget for use in preparation of the budget of the United States under section 1104 of title 31, United States Code.

(c) EXCLUSION OF CERTAIN COSTS- For purposes of calculating the limitation in subsection (a), the total cost for wedges 2 through 5 shall not include--

(1) any repair or reconstruction cost incurred as a result of the terrorist attack on the Pentagon that occurred on September 11, 2001;

(2) any increase in costs for wedges 2 through 5 attributable to compliance with new requirements of Federal, State, or local laws; and

(3) any increase in costs attributable to additional security requirements that the Secretary of Defense considers essential to provide a safe and secure working environment.

(d) CERTIFICATION COST REPORTS- As part of the annual certification under subsection (a), the Secretary shall report the projected cost (as of the time of the certification) for--

(1) the renovation of each wedge, including the amount adjusted or otherwise excluded for such wedge under the authority of paragraphs (2) and (3) of subsection (c) for the period covered by the certification; and

(2) the repair and reconstruction of wedges 1 and 2 in response to the terrorist attack on the Pentagon that occurred on September 11, 2001.

(e) DURATION OF CERTIFICATION REQUIREMENT- The requirement to make an annual certification under subsection (a) shall apply until the Secretary certifies to Congress that the renovation of the Pentagon Reservation is completed.

SEC. 8056. Notwithstanding any other provision of law, that not more than 35 percent of funds provided in this Act for environmental remediation may be obligated under indefinite delivery/indefinite quantity contracts with a total contract value of $130,000,000 or higher.

SEC. 8057. (a) None of the funds available to the Department of Defense for any fiscal year for drug interdiction or counter-drug activities may be transferred to any other department or agency of the United States except as specifically provided in an appropriations law.

(b) None of the funds available to the Central Intelligence Agency for any fiscal year for drug interdiction and counter-drug activities may be transferred to any other department or agency of the United States except as specifically provided in an appropriations law.

(TRANSFER OF FUNDS)

SEC. 8058. Appropriations available under the heading `Operation and Maintenance, Defense-Wide' for the current fiscal year and hereafter for increasing energy and water efficiency in Federal buildings may, during their period of availability, be transferred to other appropriations or funds of the Department of Defense for projects related to increasing energy and water efficiency, to be merged with and to be available for the same general purposes, and for the same time period, as the appropriation or fund to which transferred.

SEC. 8059. None of the funds appropriated by this Act may be used for the procurement of ball and roller bearings other than those produced by a domestic source and of domestic origin: Provided, That the Secretary of the military department responsible for such procurement may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate, that adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made in order to acquire capability for national security purposes: Provided further, That this restriction shall not apply to the purchase of `commercial items', as defined by section 4(12) of the Office of Federal Procurement Policy Act, except that the restriction shall apply to ball or roller bearings purchased as end items.

SEC. 8060. Notwithstanding any other provision of law, funds available to the Department of Defense shall be made available to provide transportation of medical supplies and equipment, on a nonreimbursable basis, to American Samoa, and funds available to the Department of Defense shall be made available to provide transportation of medical supplies and equipment, on a nonreimbursable basis, to the Indian Health Service when it is in conjunction with a civil-military project.

SEC. 8061. None of the funds in this Act may be used to purchase any supercomputer which is not manufactured in the United States, unless the Secretary of Defense certifies to the congressional defense committees that such an acquisition must be made in order to acquire capability for national security purposes that is not available from United States manufacturers.

SEC. 8062. Notwithstanding any other provision of law, each contract awarded by the Department of Defense during the current fiscal year for construction or service performed in whole or in part in a State (as defined in section 381(d) of title 10, United States Code) which is not contiguous with another State and has an unemployment rate in excess of the national average rate of unemployment as determined by the Secretary of Labor, shall include a provision requiring the contractor to employ, for the purpose of performing that portion of the contract in such State that is not contiguous with another State, individuals who are residents of such State and who, in the case of any craft or trade, possess or would be able to acquire promptly the necessary skills: Provided, That the Secretary of Defense may waive the requirements of this section, on a case-by-case basis, in the interest of national security.

SEC. 8063. None of the funds made available in this or any other Act may be used to pay the salary of any officer or employee of the Department of Defense who approves or implements the transfer of administrative responsibilities or budgetary resources of any program, project, or activity financed by this Act to the jurisdiction of another Federal agency not financed by this Act without the express authorization of Congress: Provided, That this limitation shall not apply to transfers of funds expressly provided for in Defense Appropriations Acts, or provisions of Acts providing supplemental appropriations for the Department of Defense.

SEC. 8064. (a) LIMITATION ON TRANSFER OF DEFENSE ARTICLES AND SERVICES- Notwithstanding any other provision of law, none of the funds available to the Department of Defense for the current fiscal year may be obligated or expended to transfer to another nation or an international organization any defense articles or services (other than intelligence services) for use in the activities described in subsection (b) unless the congressional defense committees, the Committee on International Relations of the House of Representatives, and the Committee on Foreign Relations of the Senate are notified 15 days in advance of such transfer.

(b) COVERED ACTIVITIES- This section applies to--

(1) any international peacekeeping or peace-enforcement operation under the authority of chapter VI or chapter VII of the United Nations Charter under the authority of a United Nations Security Council resolution; and

(2) any other international peacekeeping, peace-enforcement, or humanitarian assistance operation.

(c) REQUIRED NOTICE- A notice under subsection (a) shall include the following:

(1) A description of the equipment, supplies, or services to be transferred.

(2) A statement of the value of the equipment, supplies, or services to be transferred.

(3) In the case of a proposed transfer of equipment or supplies--

(A) a statement of whether the inventory requirements of all elements of the Armed Forces (including the reserve components) for the type of equipment or supplies to be transferred have been met; and

(B) a statement of whether the items proposed to be transferred will have to be replaced and, if so, how the President proposes to provide funds for such replacement.

SEC. 8065. To the extent authorized by subchapter VI of chapter 148 of title 10, United States Code, for the current fiscal year and hereafter the Secretary of Defense may issue loan guarantees in support of United States defense exports not otherwise provided for: Provided, That the total contingent liability of the United States for guarantees issued under the authority of this section may not exceed $15,000,000,000: Provided further, That the exposure fees charged and collected by the Secretary for each guarantee shall be paid by the country involved and shall not be financed as part of a loan guaranteed by the United States: Provided further, That the Secretary shall provide quarterly reports to the Committees on Appropriations, Armed Services, and Foreign Relations of the Senate and the Committees on Appropriations, Armed Services, and International Relations in the House of Representatives on the implementation of this program: Provided further, That amounts charged for administrative fees and deposited to the special account provided for under section 2540c(d) of title 10, shall be available for paying the costs of administrative expenses of the Department of Defense that are attributable to the loan guarantee program under subchapter VI of chapter 148 of title 10, United States Code.

SEC. 8066. None of the funds available to the Department of Defense under this Act shall be obligated or expended to pay a contractor under a contract with the Department of Defense for costs of any amount paid by the contractor to an employee when--

(1) such costs are for a bonus or otherwise in excess of the normal salary paid by the contractor to the employee; and

(2) such bonus is part of restructuring costs associated with a business combination.

SEC. 8067. Funds appropriated for the Department of Defense and for intelligence activities in this Act are available for transfer to the Department of State as remittance for a fee charged by the Department of State for fiscal year 2005 for the maintenance, upgrade, or construction of United States diplomatic facilities only to the extent that the amount of the fee so charged (when added to other amounts of such fees previously charged for that fiscal year) exceeds the total amount of the unreimbursed costs incurred by the departments and agencies funded by this Act during that fiscal year in providing goods and services to the Department of State.

(INCLUDING TRANSFER OF FUNDS)

SEC. 8068. During the current fiscal year, no more than $30,000,000 of appropriations made in this Act under the heading `Operation and Maintenance, Defense-Wide' may be transferred to appropriations available for the pay of military personnel, to be merged with, and to be available for the same time period as the appropriations to which transferred, to be used in support of such personnel in connection with support and services for eligible organizations and activities outside the Department of Defense pursuant to section 2012 of title 10, United States Code.

SEC. 8069. During the current fiscal year, in the case of an appropriation account of the Department of Defense for which the period of availability for obligation has expired or which has closed under the provisions of section 1552 of title 31, United States Code, and which has a negative unliquidated or unexpended balance, an obligation or an adjustment of an obligation may be charged to any current appropriation account for the same purpose as the expired or closed account if--

(1) the obligation would have been properly chargeable (except as to amount) to the expired or closed account before the end of the period of availability or closing of that account;

(2) the obligation is not otherwise properly chargeable to any current appropriation account of the Department of Defense; and

(3) in the case of an expired account, the obligation is not chargeable to a current appropriation of the Department of Defense under the provisions of section 1405(b)(8) of the National Defense Authorization Act for Fiscal Year 1991, Public Law 101-510, as amended (31 U.S.C. 1551 note): Provided, That in the case of an expired account, if subsequent review or investigation discloses that there was not in fact a negative unliquidated or unexpended balance in the account, any charge to a current account under the authority of this section shall be reversed and recorded against the expired account: Provided further, That the total amount charged to a current appropriation under this section may not exceed an amount equal to 1 percent of the total appropriation for that account.

SEC. 8070. Hereafter, funds appropriated for Operation and maintenance and for the Defense Health Program in this Act, and in future appropriations acts for the Department of Defense, for supervision and administration costs for facilities maintenance and repair, minor construction, or design projects, or any planning studies, environmental assessments, or similar activities related to installation support functions, may be obligated at the time the reimbursable order is accepted by the performing activity: Provided, That for the purpose of this section, supervision and administration costs includes all in-house Government cost.

SEC. 8071. (a) Notwithstanding any other provision of law, the Chief of the National Guard Bureau may permit the use of equipment of the National Guard Distance Learning Project by any person or entity on a space-available, reimbursable basis. The Chief of the National Guard Bureau shall establish the amount of reimbursement for such use on a case-by-case basis.

(b) Amounts collected under subsection (a) shall be credited to funds available for the National Guard Distance Learning Project and be available to defray the costs associated with the use of equipment of the project under that subsection. Such funds shall be available for such purposes without fiscal year limitation.

SEC. 8072. Using funds available by this Act or any other Act, the Secretary of the Air Force, pursuant to a determination under section 2690 of title 10, United States Code, may implement cost-effective agreements for required heating facility modernization in the Kaiserslautern Military Community in the Federal Republic of Germany: Provided, That in the City of Kaiserslautern such agreements will include the use of United States anthracite as the base load energy for municipal district heat to the United States Defense installations: Provided further, That at Landstuhl Army Regional Medical Center and Ramstein Air Base, furnished heat may be obtained from private, regional or municipal services, if provisions are included for the consideration of United States coal as an energy source.

SEC. 8073. None of the funds appropriated in title IV of this Act may be used to procure end-items for delivery to military forces for operational training, operational use or inventory requirements: Provided, That this restriction does not apply to end-items used in development, prototyping, and test activities preceding and leading to acceptance for operational use: Provided further, That this restriction does not apply to programs funded within the National Foreign Intelligence Program: Provided further, That the Secretary of Defense may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that it is in the national security interest to do so.

SEC. 8074. None of the funds made available in this Act may be used to approve or license the sale of the F-22 advanced tactical fighter to any foreign government.

SEC. 8075. (a) The Secretary of Defense may, on a case-by-case basis, waive with respect to a foreign country each limitation on the procurement of defense items from foreign sources provided in law if the Secretary determines that the application of the limitation with respect to that country would invalidate cooperative programs entered into between the Department of Defense and the foreign country, or would invalidate reciprocal trade agreements for the procurement of defense items entered into under section 2531 of title 10, United States Code, and the country does not discriminate against the same or similar defense items produced in the United States for that country.

(b) Subsection (a) applies with respect to--

(1) contracts and subcontracts entered into on or after the date of the enactment of this Act; and

(2) options for the procurement of items that are exercised after such date under contracts that are entered into before such date if the option prices are adjusted for any reason other than the application of a waiver granted under subsection (a).

(c) Subsection (a) does not apply to a limitation regarding construction of public vessels, ball and roller bearings, food, and clothing or textile materials as defined by section 11 (chapters 50-65) of the Harmonized Tariff Schedule and products classified under headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 8215, and 9404.

SEC. 8076. (a) PROHIBITION- None of the funds made available by this Act may be used to support any training program involving a unit of the security forces of a foreign country if the Secretary of Defense has received credible information from the Department of State that the unit has committed a gross violation of human rights, unless all necessary corrective steps have been taken.

(b) MONITORING- The Secretary of Defense, in consultation with the Secretary of State, shall ensure that prior to a decision to conduct any training program referred to in subsection (a), full consideration is given to all credible information available to the Department of State relating to human rights violations by foreign security forces.

(c) WAIVER- The Secretary of Defense, after consultation with the Secretary of State, may waive the prohibition in subsection (a) if he determines that such waiver is required by extraordinary circumstances.

(d) REPORT- Not more than 15 days after the exercise of any waiver under subsection (c), the Secretary of Defense shall submit a report to the congressional defense committees describing the extraordinary circumstances, the purpose and duration of the training program, the United States forces and the foreign security forces involved in the training program, and the information relating to human rights violations that necessitates the waiver.

SEC. 8077. (a) The Secretary of Defense, in coordination with the Secretary of Health and Human Services, may carry out a program to distribute surplus dental and medical equipment of the Department of Defense, at no cost to the Department of Defense, to Indian Health Service facilities and to federally-qualified health centers (within the meaning of section 1905(l)(2)(B) of the Social Security Act (42 U.S.C. 1396d(l)(2)(B))).

(b) In carrying out this provision, the Secretary of Defense shall give the Indian Health Service a 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.

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.

(INCLUDING RESCISSIONS)

SEC. 8142. Of the funds appropriated in Department of Defense Appropriations Acts, the following funds are hereby rescinded from the following accounts and programs in the specified amounts:

`Aircraft Procurement, Navy, 2002/2004', $50,000,000; and

`Aircraft Procurement, Air Force, 2002/2004', $50,000,000:

Provided, That in addition to funds made available elsewhere in this Act, $100,000,000 is hereby appropriated, in the specified amounts to the following accounts:

`Aircraft Procurement, Navy, 2003/2005', $50,000,000; and

`Aircraft Procurement, Air Force, 2003/2005', $50,000,000:

Provided further, That this section shall become effective upon enactment of this Act.

TITLE IX

ADDITIONAL WAR-RELATED APPROPRIATIONS

DEPARTMENT OF DEFENSE--MILITARY

MILITARY PERSONNEL

MILITARY PERSONNEL, ARMY

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

MILITARY PERSONNEL, NAVY

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

MILITARY PERSONNEL, MARINE CORPS

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

MILITARY PERSONNEL, AIR FORCE

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

OPERATION AND MAINTENANCE

OPERATION AND MAINTENANCE, ARMY

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

OPERATION AND MAINTENANCE, NAVY

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

OPERATION AND MAINTENANCE, MARINE CORPS

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

OPERATION AND MAINTENANCE, AIR FORCE

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

OPERATION AND MAINTENANCE, DEFENSE-WIDE

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

IRAQ FREEDOM FUND

(INCLUDING TRANSFER OF FUNDS)

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

PROCUREMENT

PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY

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

PROCUREMENT OF AMMUNITION, ARMY

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

OTHER PROCUREMENT, ARMY

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

AIRCRAFT PROCUREMENT, NAVY

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

PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS

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

PROCUREMENT, MARINE CORPS

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

OTHER PROCUREMENT, AIR FORCE

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

PROCUREMENT, DEFENSE-WIDE

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

NATIONAL GUARD AND RESERVE EQUIPMENT

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

REVOLVING AND MANAGEMENT FUNDS

DEFENSE WORKING CAPITAL FUNDS

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

OTHER DEPARTMENT OF DEFENSE PROGRAMS

DEFENSE HEALTH PROGRAM

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

GENERAL PROVISIONS, TITLE IX

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

SEC. 9002. Notwithstanding any other provision of law or of this Act, funds made available in this title are in addition to amounts provided elsewhere in this Act.

(TRANSFER OF FUNDS)

SEC. 9003. (a) Upon his determination that such action is necessary in the national interest, the Secretary of Defense may transfer between appropriations up to $1,500,000,000 of the funds made available to the Department of Defense in this title: Provided, That the Secretary shall notify the Congress promptly of each transfer made pursuant to the authority in this section: Provided further, That the authority provided in this section is in addition to any other transfer authority available to the Department of Defense and is subject to the same terms and conditions as the authority provided in section 8005 of this Act.

(b) Section 8005 of the Department of Defense Appropriations Act, 2004 (Public Law 108-87; 117 Stat. 1071), is amended--

(1) by striking `$2,100,000,000' and inserting in lieu thereof `$2,800,000,000'; and

(2) by striking all after the third proviso and inserting the following: `: Provided further, That transfers among military personnel appropriations shall not be taken into account for purposes of the limitation on the amount of funds that may be transferred under this section.'.

(c) Section 168(a) of division H of the Consolidated Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 456), is repealed upon enactment of this Act.

SEC. 9004. Funds appropriated in this title, or made available by the transfer of funds in or pursuant to this title, for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 414).

SEC. 9005. None of the funds provided in this title may be used to finance programs or activities denied by Congress in fiscal years 2004 and 2005 appropriations to the Department of Defense or to initiate a procurement or research, development, test and evaluation new start program without prior written notification to the congressional defense committees.

SEC. 9006. Notwithstanding any other provision of law, from funds made available in this title to the Department of Defense for operation and maintenance, not to exceed $500,000,000 may be used by the Secretary of Defense, with the concurrence of the Secretary of State, to train, equip and provide related assistance only to the New Iraqi Army and the Afghan National Army to enhance their capability to combat terrorism and to support U.S. military operations in Iraq and Afghanistan: Provided, That such assistance may include the provision of equipment, supplies, services, training and funding: Provided further, That the authority to provide assistance under this section is in addition to any other authority to provide assistance to foreign nations: Provided further, That the Secretary of Defense shall notify the congressional defense committees, the Committee on International Relations of the House of Representatives, and the Committee on Foreign Relations of the Senate not less than 15 days before providing assistance under the authority of this section.

SEC. 9007. From funds made available in this title to the Department of Defense, not to exceed $300,000,000 may be used, notwithstanding any other provision of law, to fund the Commander's Emergency Response Program, for the purpose of enabling military commanders in Iraq to respond to urgent humanitarian relief and reconstruction requirements within their areas of responsibility by carrying out programs that will immediately assist the Iraqi people, and to fund a similar program to assist the people of Afghanistan: Provided, That the Secretary of Defense shall provide quarterly reports to the congressional defense committees regarding the source of funds and the allocation and use of funds made available pursuant to the authority provided in this section.

SEC. 9008. Section 202(b) of the Afghanistan Freedom Support Act of 2002 (Public Law 107-327, as amended by section 2206 of Public Law 108-106) is amended by striking `$450,000,000' and inserting in lieu thereof `$550,000,000'.

SEC. 9009. During the current fiscal year, funds available to the Department of Defense for operation and maintenance may be used, notwithstanding any other provision of law, to provide supplies, services, transportation, including airlift and sealift, and other logistical support to coalition forces supporting military and stability operations in Iraq and Afghanistan: Provided, That the Secretary of Defense shall provide quarterly reports to the congressional defense committees regarding support provided under this section.

SEC. 9010. (a) Not later than April 30 and October 31 of each year, the Secretary of Defense shall submit to Congress a report on the military operations of the Armed Forces and the reconstruction activities of the Department of Defense in Iraq and Afghanistan.

(b) Each report shall include the following information:

(1) For each of Iraq and Afghanistan for the half-fiscal year ending during the month preceding the due date of the report, the amount expended for military operations of the Armed Forces and the amount expended for reconstruction activities, together with the cumulative total amounts expended for such operations and activities.

(2) An assessment of the progress made toward preventing attacks on United States personnel.

(3) An assessment of the effects of the operations and activities in Iraq and Afghanistan on the readiness of the Armed Forces.

(4) An assessment of the effects of the operations and activities in Iraq and Afghanistan on the recruitment and retention of personnel for the Armed Forces.

(5) For the half-fiscal year ending during the month preceding the due date of the report, the costs incurred for repair of Department of Defense equipment used in the operations and activities in Iraq and Afghanistan.

(6) The foreign countries, international organizations, and nongovernmental organizations that are contributing support for the ongoing military operations and reconstruction activities, together with a discussion of the amount and types of support contributed by each during the half-fiscal year ending during the month preceding the due date of the report.

(7) The extent to which, and the schedule on which, the Selected Reserve of the Ready Reserve of the Armed Forces is being involuntarily ordered to active duty under section 12304 of title 10, United States Code.

(8) For each unit of the National Guard of the United States and the other reserve components of the Armed Forces on active duty pursuant to an order to active duty under section 12304 of title 10, United States Code, the following information:

(A) The unit.

(B) The projected date of return of the unit to its home station.

(C) The extent (by percentage) to which the forces deployed within the United States and outside the United States in support of a contingency operation are composed of reserve component forces.

SEC. 9011. Congress, consistent with international and United States law, reaffirms that torture of prisoners of war and detainees is illegal and does not reflect the policies of the United States Government or the values of the people of the United States.

SEC. 9012. The President shall provide to the Congress a report detailing the estimated costs over the period from fiscal year 2006 to 2011 of Operation Iraqi Freedom and Operation Enduring Freedom, or any related military operations in and around Iraq and Afghanistan, and the estimated costs of reconstruction, internal security, and related economic support to Iraq and Afghanistan: Provided, That the President may waive the requirement to submit this report only if the President certifies in writing to the Congress that estimates of these future military and economic support costs cannot be provided for purposes of national security: Provided further, That the report referenced above shall be submitted no later than January 1, 2005.

SEC. 9013. None of the funds made available in this title may be used to fund any contract in contravention of section 8(d)(6) of the Small Business Act (15 U.S.C. 637(d)(6)).

SEC. 9014. The Secretary of Defense may present promotional materials, including a United States flag, to any member of an Active or Reserve component under the Secretary's jurisdiction who, as determined by the Secretary, participates in Operation Enduring Freedom or Operation Iraqi Freedom.

SEC. 9015. Amounts appropriated or otherwise made available in this title are each designated as an emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made applicable to the House of Representatives by H. Res. 649 (108th Congress) and applicable to the Senate by section 14007 of this Act.

TITLE X

OTHER MATTERS

CHAPTER 1 DEPARTMENT OF STATE

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

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

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

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

GENERAL PROVISIONS, THIS CHAPTER

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

SEC. 11002. In addition to amounts otherwise made available in this Act, $50,000,000, is made available upon enactment for `Office of Justice Programs--State and Local Law Enforcement Assistance' for discretionary grants under the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs for reimbursement to State and local law enforcement entities for security and related costs, including overtime, associated with the 2004 Presidential Candidate Nominating Conventions, to remain available until September 30, 2005: Provided, That from funds provided in this section the Office of Justice Programs shall make grants in the amount of $25,000,000 to the City of Boston, Massachusetts; and $25,000,000 to the City of New York, New York.

SEC. 11003. To ensure the continuity of Criminal Justice Act (CJA) representations by panel attorneys, $26,000,000 is appropriated to the Judiciary, `Courts of Appeals, District Courts, and Other Judicial Services, Defender Services', to remain available until expended: Provided, That the entire amount shall become available upon enactment of this Act: Provided further, That the amounts made available in this section shall only be used for CJA panel attorney representations.

SEC. 11004. Authorities contained in sections 402, 407, and 605 of division B of Public Law 108-199 shall also apply to amounts provided in this title for the Department of State.

CHAPTER 2 BILATERAL ECONOMIC ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

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

DEPARTMENT OF STATE

MIGRATION AND REFUGEE ASSISTANCE

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

GENERAL PROVISIONS, THIS CHAPTER

SEC. 12001. (a)(1) Notwithstanding section 514 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h), the President may transfer to Israel, in exchange for concessions to be negotiated by the Secretary of Defense, with the concurrence of the Secretary of State, any or all of the items described in paragraph (2).

(2) The items referred to in paragraph (1) are armor, artillery, automatic weapons ammunition, missiles, and other munitions that--

(A) are obsolete or surplus items;

(B) are in the inventory of the Department of Defense;

(C) are intended for use as reserve stocks for Israel; and

(D) as of the date of enactment of this Act, are located in a stockpile in Israel.

(b) The value of concessions negotiated pursuant to subsection (a) shall be at least equal to the fair market value of the items transferred. The concessions may include cash compensation, services, waiver of charges otherwise payable by the United States, and other items of value.

(c) Not later than 30 days before making a transfer under the authority of this section, the President shall transmit a notification of the proposed transfer to the Committees on Foreign Relations and Armed Services of the Senate and the Committees on International Relations and Armed Services of the House of Representatives. The notification shall identify the items to be transferred and the concessions to be received.

(d) No transfer may be made under the authority of this section more than 2 years after the date of the enactment of this Act.

SEC. 12002. Section 514(b)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)(2)) is amended--

(1) in subparagraph (A), by striking `for fiscal year 2003' and inserting `for each of fiscal years 2004 and 2005'; and

(2) in subparagraph (B), by striking `for fiscal year 2003' and inserting `for a fiscal year'.

CHAPTER 3 SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2004 FOR URGENT WILDLAND FIRE SUPPRESSION ACTIVITIES

DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

WILDLAND FIRE MANAGEMENT

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

DEPARTMENT OF AGRICULTURE

FOREST SERVICE

WILDLAND FIRE MANAGEMENT

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

CHAPTER 4 GENERAL PROVISIONS, THIS TITLE

SEC. 14001. Appropriations provided in this title are available for obligation until September 30, 2005, unless otherwise so provided in this title.

SEC. 14002. Funds in this title are available for obligation and authorities in this title shall apply upon enactment of this Act.

SEC. 14003. (a) Public Law 108-199 is amended in division F, title I, section 110(g) by striking `Of the' and inserting `Prior to distributing'; striking `each' every time it appears and inserting `the'; striking `project' every time it appears and inserting `projects'.

(b) The limitation under the heading `Federal-aid Highways (Limitation on Obligations) (Highway Trust Fund)' in Public Law 108-199 is increased by such sums as may be necessary to ensure that each State receives an amount of obligation authority equal to what each State would have received under division F, title I, section 110(a)(6) of Public Law 108-199 but for the amendment made to division F, title I, section 110(g) of Public Law 108-199 by subsection (a) of this section: Provided, That such additional authority shall remain available during fiscal years 2004 and 2005: Provided further, That for each State receiving an amount of obligation authority greater than what each State would have received under division F, title I, section 110(a)(6) of Public Law 108-199 but for the amendment made to division F, title I, section 110(g) of Public Law 108-199 by subsection (a) of this section, such additional obligation authority shall remain available during fiscal years 2004 and 2005.

SEC. 14004. (a) RESCISSION- Upon enactment of this Act, there is rescinded an amount equal to $795,280 from the amount appropriated to carry out part B of title VII of the Higher Education Act of 1965, in title III of division E of the Consolidated Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 3). This amount shall reduce the funds available for the projects specified in the statement of the managers on the Conference Report 108-401 accompanying the Consolidated Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 3).

(b) DISREGARD AMOUNT- In the statement of the managers on the Conference Report 108-401 accompanying the Consolidated Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 3), in the matter in title III of division E, relating to the Fund for the Improvement of Postsecondary Education under the heading `Higher Education', the provision specifying $800,000 for Wahpeton State School of Science and North Dakota State University to recruit, retain and train pharmacy technicians shall be disregarded.

(c) APPROPRIATION- There is appropriated an amount equal to $795,280 to the Department of Labor, Employment and Training Administration for `Training and Employment Services', available for obligation for the period from July 1, 2004, through June 30, 2005, of which--

(1) $200,000 shall be made available to the North Dakota State School of Science to recruit, retain, and train pharmacy technicians;

(2) $297,640 shall be made available to Bismarck State College for training and education related to its electric power plant technologies curriculum; and

(3) $297,640 shall be made available for Minot State University for the Job Corps Fellowship Training Program.

(d) The matter under the heading `Institute of Museum and Library Services' in title IV of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2004, (Public Law 108-199, division E) is amended by striking `Michigan Space and Science Center, Jackson, Michigan, for development of the strategic plan, operational costs and personnel' and inserting `Jackson Intermediate School District, Jackson, Michigan, for equipment and materials for the Math and Science Resource Library'.

SEC. 14005. Of the unobligated amounts available for the District of Columbia Public Schools under this heading, $10,600,000 are rescinded immediately upon enactment of this Act. For a Federal payment to the District of Columbia under this heading, $10,600,000, available immediately upon enactment of this Act, to improve public school education in the District of Columbia, to remain available until September 30, 2005.

SEC. 14006. The numerical limitation contained in section 214(g)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(B)) shall not apply to any nonimmigrant alien issued a visa or otherwise provided status under section 101(a)(15)(H)(ii)(b) of such Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) who is employed (or has received an offer of employment) as a fish roe processor, a fish roe technician, or a supervisor of fish roe processing.

SEC. 14007. 2005 Discretionary Limits. (a) IN GENERAL- For the purposes of section 302(a) of the Congressional Budget Act of 1974, the allocation of the appropriate levels of budget totals for the Senate Committee on Appropriations for fiscal year 2005 shall be--

(1) for total discretionary spending--

(A) $821,419,000,000 in total new budget authority; and

(B) $905,328,000,000 in total budget outlays; and

(2) for mandatory--

(A) $460,008,000,000 in total new budget authority; and

(B) $445,525,000,000 in total budget outlays;

until a concurrent resolution on the budget for fiscal year 2005 is agreed to by the Senate and the House of Representatives pursuant to section 301 of the Congressional Budget Act of 1974.

(b) ADJUSTMENTS AND LIMITS- The following limits and adjustments provided in S. Con. Res. 95 (108th Congress) shall apply to subsection (a):

(1) Sections 311 and 403 for fiscal year 2005.

(2) Sections 312 and 402 which shall apply to both fiscal years 2004 and 2005.

(c) DEFINITION- In this section, the term `total discretionary spending' includes the discretionary category, the mass transit category, and the highway category.

(d) REPEAL- Section 504 of H. Con. Res. 95 (108th Congress) is repealed.

(e) EFFECTIVE DATE- This section shall take effect on the date of enactment of this Act.

SEC. 14008. Amounts appropriated or otherwise made available in chapters 1 and 2 of this title are each designated as an emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made applicable to the House of Representatives by H. Res. 649 (108th Congress) and applicable to the Senate by section 14007 of this Act.

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

And the Senate agree to the same.
JERRY LEWIS,
BILL YOUNG,
DAVID L. HOBSON,
HENRY BONILLA,
GEORGE R. NETHERCUTT, Jr.,
RANDY `DUKE' CUNNINGHAM,
RODNEY P. FRELINGHUYSEN,
TODD TIAHRT,
ROGER F. WICKER,
JOHN P. MURTHA,
NORMAN D. DICKS,
MARTIN OLAV SABO,
PETER J. VISCLOSKY,
JAMES P. MORAN,
DAVID R. OBEY,

Managers on the Part of the House.
TED STEVENS,
THAD COCHRAN,
ARLEN SPECTER,
PETE DOMENICI,
KIT BOND,
MITCH MCCONNELL,
RICHARD C. SHELBY,
JUDD GREGG,
KAY BAILEY HUTCHISON,
CONRAD BURNS,
DANIEL K. INOUYE,
ERNEST F. HOLLINGS,
(except for deeming section),
ROBERT C. BYRD,
(except for the section deeming FY 2005 discretionary limits),
PATRICK J. LEAHY,
(except for deeming section),
TOM HARKIN,
(except for deeming section),
BYRON L. DORGAN,
(except for deeming section),
RICHARD J. DURBIN,
(except for the deeming FY 2005 discretionary limits),
HARRY REID,
(except for deeming section),
DIANNE FEINSTEIN,
(except for deeming section),

Managers on the Part of the Senate.

JOINT EXPLANATORY STATEMENT

The managers on the part of the House and the Senate at the conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 4613), making appropriations for the Department of Defense for the fiscal year ending September 30, 2005, and for other purposes, submit the following joint statement to the House and the Senate in explanation of the effect of the action agreed upon by the managers and recommended in the accompanying conference report.

The conference agreement on the Department of Defense Appropriations Act, 2005, incorporates some of the provisions of both the House and Senate versions of the bill. The language and allocations set forth in House Report 108-553 and Senate Report 108-284 should be complied with unless specifically addressed in the accompanying bill and statement of the managers to the contrary.

Senate Amendment: The Senate deleted the entire House bill after the enacting clause and inserted the Senate bill. The conference agreement includes a revised bill.

DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

The conferees agree that for the purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99-177) as amended by the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 (Public Law 100-119) and by the Budget Enforcement Act of 1990 (Public Law 101-508), the term program, project, and activity for appropriations contained in this Act shall be defined as the most specific level of budget items identified in the Department of Defense Appropriations Act, 2005, the accompanying House and Senate Committee reports, the conference report and accompanying joint explanatory statement of the managers of the Committee of Conference, the related classified annexes and reports, and the P-1 and R-1 budget justification documents as subsequently modified by Congressional action. The following exception to the above definition shall apply: for the Military Personnel and the Operation and Maintenance accounts, the term `program, project, and activity' is defined as the appropriations accounts contained in the Department of Defense Appropriations Act.

At the time the President submits his budget for fiscal year 2006, the conferees direct the Department of Defense to transmit to the congressional defense committees budget justification documents to be known as the `M-1' and `O-1' which shall identify, at the budget activity, activity group, and subactivity group level, the amounts requested by the President to be appropriated to the Department of Defense for military personnel and operation and maintenance in any budget request, or amended budget request, for fiscal year 2006.

REPROGRAMMING, WITHHOLDING, AND `TAXING' APPROPRIATED FUNDS

The conferees agree to continue the existing below-threshold reprogramming guidelines which are as follows: $20 million for procurement accounts and $10 million for research, development, test and evaluation (RDT&E) accounts. The conferees further agree that these thresholds are to be applied to the specific dollar threshold or 20 percent of each P-1 or R-1 line, whichever is the lesser level. Furthermore, the dollar or 20 percent threshold is to be considered in a cumulative fashion. Therefore if the combined values of transfers into or out of a procurement (P-1) or research and development (R-1) line exceed the identified threshold, the Department of Defense must submit a prior approval reprogramming request.

The conferees agree with the Senate position that the Department of Defense is to abide by legal requirements for congressional notification of new starts. Section 8106 of this conference agreement establishes a requirement for written notification for initiating a new start program. The conferees agree with both the Senate and the House position on the inappropriate nature of `taxing' an appropriation to generate funds to support a new start project not previously disclosed to Congress. This practice violates these requirements and is therefore prohibited.

The conferees agree to a prohibition on the practice of setting aside funds--the taxing of appropriations made for particular programs--to fund shortfalls in other programs, or initiate new programs. This includes the practice of `taxing' funds appropriated for congressional interest items to pay for laboratory overhead or management costs. The conferees direct that funds shall not be included in a budget request for any program, project and activity to accommodate the application of non-statutory withholds and taxes, or to reimburse other programs as `repayment' for funds transferred to a program in a previous year. Statutory withholds such as Small Business Innovative Research, shall be applied uniformly to each program element, project and activity within an account.

The conferees direct the Secretary of Defense to provide data by January 31, 2005 on the adequacy and use of the Department's current reprogramming and withholding practices. Furthermore, the conferees direct the Department to work with the congressional defense committees on a method of providing timely and accurate data on reprogramming activity (above threshold and below threshold), and the application of statutory and administrative withholds. The conferees further direct that reprogramming data should be available on at least a monthly basis, potentially in conjunction with DoD 1002 reports and that the Department should transmit the data electronically, if feasible, to the congressional defense committees.

NEW START PROGRAMS

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

BUSINESS MANAGEMENT MODERNIZATION PROGRAM

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

CLASSIFIED ANNEX

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

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FORCE STRUCTURE CHANGES

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

[In thousands of dollars]

----------------------------------------------------------------------------

                                            MILPERS     O&M   Proc.   Total

----------------------------------------------------------------------------

Air Force B-52 aircraft                      $2,600 $25,000 $20,300 $47,900

National Guard Full-Time Support:

ARNG Civil Support Teams AGRs                12,600  14,000  18,200  44,800

ANG Civil Support Teams AGRs                  2,100                   2,100

Ground-Based Midcourse Missile Defense AGRs   3,300                   3,300

----------------------------------------------------------------------------

ACTIVE END STRENGTH

[Fiscal year 2005]

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                           Budget Conference Conference vs. budget

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Army                      482,400    482,400

Navy                      365,900    365,900

Marine Corps              175,000    175,000

Air Force                 359,700    359,700

Total, Active Personnel 1,383,000  1,383,000

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CORROSION CONTROL

In a recent General Accounting Office (GAO) report entitled `Opportunities Exist to Improve Implementation of Department of Defense's Long-Term Corrosion Strategy,' the GAO identified a number of shortcomings with the Defense Department's corrosion control strategy and provided several recommendations to enhance its effectiveness. The conferees concur with GAO's overall assessment and direct the Department to comply with the recommendations provided in the report. Specifically, the conferees direct the Department to establish a specific, separate program element or budget line to ensure that sustained and adequate funding is available for the corrosion control projects that have the best potential to provide maximum benefit across the Department.

In addition, the conferees are concerned about the potential for corrosion damage to pre-positioned stocks, which are frequently located in highly corrosive environments. Such corrosion could degrade readiness to respond to contingencies and be very costly to fix. The conferees agree that GAO is best suited to conduct a review of this concern. The conferees, therefore, encourage GAO, instead of the Department of Defense Inspector General as proposed by the Senate, to conduct a review of the impact of corrosion on pre-position assets, and recommend policy, management or funding changes to mitigate that corrosion.

Finally, the conferees commend the Department of Defense in its establishment of an Office of Corrosion Policy and Oversight (CPO) for focused management attention on corrosion control. The conferees reiterate the importance of continuing to maintain within a central office, as directed by section 2228 of title 10, United States Code, the integration of oversight for both equipment and infrastructure. The conferees believe such integration is essential to ensuring that anti-corrosion benefits are fully realized across the installation and equipment communities.

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ADJUSTMENTS TO BUDGET ACTIVITIES

Adjustments to the budget activities are as follows:

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

ARMY CONSERVATION AND ECOSYSTEM MANAGEMENT

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

M1A1 TRANSMISSION MAINTENANCE

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

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ADJUSTMENTS TO BUDGET ACTIVITIES

Adjustments to the budget activities are as follows:

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

U.S. NAVAL SEA CADET CORPS

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

NAVY REGION NORTHWEST-NAVY SHORE INFRASTRUCTURE TRANSFORMATION (NSIT)

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

CRITICAL ASSET VULNERABILITY ASSESSMENT

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

GLOBAL HAWK MARITIME DEMONSTRATION

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

NAVAL SHIPYARD APPRENTICE PROGRAM

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

NAVAL INSTALLATIONS

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

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ADJUSTMENTS TO BUDGET ACTIVITIES

Adjustments to the budget activities are as follows:

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

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ADJUSTMENTS TO BUDGET ACTIVITIES

Adjustments to the budget activities are as follows:

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

BEYOND GOLDWATER-NICHOLS STUDY

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

Components, and the acquisition process. The conferees provide $1,000,000 to continue this work.

CENTER FOR CHILD PROTECTION

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

PENTAGON CHILD CARE FACILITY

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

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ADJUSTMENTS TO BUDGET ACTIVITIES

Adjustments to the budget activities are as follows:

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

DISTRIBUTIVE TRAINING TECHNOLOGY PROJECT (DTTP)/RESERVE COMPONENT AUTOMATION SYSTEM (RCAS)

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

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OVERSEAS CONTINGENCY OPERATIONS TRANSFER ACCOUNT

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

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

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

ENVIRONMENTAL RESTORATION, ARMY

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

ENVIRONMENTAL RESTORATION, NAVY

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

ENVIRONMENTAL RESTORATION, AIR FORCE

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

ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

The conference agreement provides $23,684,000 for Environmental Restoration, Defense-Wide, instead of $26,684,000 as proposed by the House.

The conferees have transferred Perchlorate Destruction by UV Catalyzed Iron Reaction to Research, Development, Test and Evaluation, Defense-Wide, Line 62.

ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES

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

OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

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

FORMER SOVIET UNION THREAT REDUCTION ACCOUNT

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

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JOINT TACTICAL RADIO SYSTEM (JTRS)

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

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NEXT GENERATION DESTROYER (DD(X))

The conferees agree to provide a total of $305,516,000 for advance procurement for the DD(X) class of ships instead of $320,516,000 as proposed by the Senate and no appropriation as proposed by the House. The conferees direct the Navy to include future funding requests for the DD(X) in the Shipbuilding and Conversion, Navy appropriation.

Within the funds provided, $221,116,000 is only for design and advance procurement requirements associated with the first ship of the DD(X) class and $84,400,000 is only for design and advance procurement requirements associated with construction of the second ship at an alternative second source shipyard. The conferees direct that no funds shall be available for the procurement of long lead time material for items that are dependent upon delivery of a DD(X) key technology unless that technology has undergone testing, thereby reducing risk to overall program costs.

The conferees direct that full funding of the remaining financial requirement for these ships, not including traditional advance procurement requirements, shall be included in a future budget request.

DDG-51 MODERNIZATION PROGRAM

The conferees agree to provide $50,000,000 to accelerate a DDG-51 Modernization program, instead of $100,000,000 as proposed by the House and no appropriation as proposed by the Senate.

The conferees direct that these funds may not be obligated or expended until the Navy submits to the congressional defense committees a detailed plan on its execution of a DDG-51 Modernization program that focuses first on modernizing the new construction, near-term delivery ships and then on the in-service Fleet ships. The plan should address each element of the modernization plan, the cost-benefit of the element, and the implementation of the plan by hull number.

The conferees agree that the Navy's DDG-51 modernization plan should emphasize proven technology and modularity applications that will help increase warfighting capabilities, reduce total ownership costs and manning requirements, and expand the use of open architecture.

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CRUISER MODERNIZATION

The conferees agree to provide no appropriation for Cruiser Modernization as proposed by the Senate instead of the budget request as proposed by the House.

The conferees take this action reluctantly based on the need to modernize these assets. However, the Navy's plan was simply inadequate in its presentation and planned execution. Furthermore, content of the modernization program changed significantly from the proposal presented with the fiscal year 2004 budget, while program cost remained the same, calling into question the soundness of the Navy's efforts.

The conferees remain interested in ensuring a modern Naval Fleet and would encourage the Navy to continue to refine its requirements with respect to modernization of the Cruiser inventory and request funds as appropriate in a future budget request.

PHYSICAL SECURITY EQUIPMENT

The conferees agree to provide $179,114,000 for Physical Security Equipment instead of $197,214,000 as proposed by the House and $157,714,000 as proposed by the Senate. The conferees agree that of this amount, $17,900,000 may not be obligated or expended until the Secretary of the Navy submits a report to the House and Senate Committees on Appropriations that addresses how the Navy intends to execute the expenditure of the appropriated funds.

The conferees further agree with the House position which requests the Navy centralize decision-making authority for all anti-terrorism and force protection requirements.

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C-17 MULTIYEAR PROCUREMENT

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

A general reduction in funding for Aircraft Procurement, Air Force, has been included accordingly with a requirement that the reduction be applied equitably across all elements of this appropriation.

TANKER REPLACEMENT TRANSFER FUND

The conference report includes a general provision, section 8132, which provides $100,000,000 to establish the `Tanker Replacement Transfer Fund'. The establishment of this fund reflects the conferees' intent that the Air Force proceed apace with replacing its fleet of aging aerial refueling aircraft. In particular, the Department of Defense should endeavor to complete as quickly as possible the ongoing analysis of tanker replacement program alternatives.

The funds provided under section 8132 may be used to implement the current tanker replacement program of record. The conferees note, however, that the fluid nature of the situation surrounding this program prohibits a definitive allocation of funds for specific activities. Thus, the conference report provides the Secretary of the Air Force with the authority to allocate these funds to Air Force operation and maintenance, procurement, or research and development accounts, allowing the Air Force to quickly implement tanker acquisition plans once a final plan is approved. In any case, the conferees strongly urge the Department of Defense to thoroughly consider the effects on the U.S. aircraft industrial base of any and all tanker replacement program alternatives.

F/A-22 INDEPENDENT COST ESTIMATE

The conferees note that several significant decision points regarding continued production of the F/A-22 lay in the not-so-distant future. The program recently entered into Initial Operational Test and Evaluation, which is scheduled to conclude in the fall. Following completion of IOT&E, the Department will consider whether to grant authority for the program to enter full rate production, whether and when to request multiyear procurement authority, and as a subtext to all of this, whether there is a need to increase the production cost cap established under authorization law.

The conferees believe this is the appropriate point in the program to recalibrate F/A-22 cost models using the latest information on current and projected costs. Accordingly, the conferees direct the Under Secretary of Defense for Acquisition Technology and Logistics to sponsor a new comprehensive F/A-22 independent cost estimate (ICE), to be conducted by a federally funded research and development center (FFRDC) with demonstrated competence in this area in coordination with the Defense Contract Audit Agency (DCAA). This analysis should: (1) determine appropriate estimates of unit costs and validate unit cost models and related assumptions to include all pertinent pricing cost data based on the latest projections of production efficiencies; (2) identify optimal yearly production profiles that can be financed under the budgetary framework contained in the 2005 Future Years Defense Plan; and, (3) determine appropriate estimates of remaining non-recurring development, test, and acquisition program oversight costs. The conferees expect that the FFRDC will be allowed to both contract the services of a private sector audit entity experienced in industry costing techniques, and coordinate the execution and review of this ICE with the DCAA. The conferees expect the F/A-22 prime contractor to provide full access and cooperation with this analytical effort to the FFRDC, DCAA, and any private sector audit agency involved under rules and procedures that adequately protect the confidentiality of proprietary financial data and manufacturing techniques. This ICE is to be transmitted to the congressional defense committees not later than August 15, 2005.

HEAVY OUTSIZED AIRLIFT CAPACITY

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

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JOINT AIR-TO-SURFACE STANDOFF MISSILE (JASSM)

The conferees question the assessment of the Air Force with regard to the presumed sound and proven design of JASSM. Operational Test and Evaluation results ending in April found mission reliability to be 53 percent, a figure the Air Force has identified as meeting its benchmark for effectiveness. JASSM mission reliability of 53 percent is poor in comparison to similar weapons; Javelin reliability was 100 percent, JDAM was 85 percent, JSOW-A was 95 percent, and Hellfire was 95 percent at the end of operational testing.

The conferees note that this troublesome mission success rate only continues to be validated by recent testing. As recently as June 29, 2004, a JASSM launched from an F-16 failed to transition power from batteries to engine causing the missile to crash well short of the target. In a June 8, 2004 test from a B-2, problems with the mission planning system resulted in a mission failure. The two successful launches from B-1 aircraft required mission planning time even slower than that noted in the Operational Test and Evaluation report.

The conferees restate the concerns identified in the House report and expect that improvements will be made to increase the reliability of the baseline missile program. Failure to do so will cause the conferees to reconsider their support for this program and the extended range version.

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C-130 DIRECTIONAL INFRARED COUNTERMEASURES (DIRCM)

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

SPECIAL OPERATIONS COMMAND PUBLICATION COSTS

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

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ITEMS OF SPECIAL INTEREST

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

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CONGRESSIONAL SPECIAL INTEREST ITEMS

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

F-35 PROGRAM MANAGEMENT

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

AIR FORCE AND DARPA FALCON/COMMON AERO VEHICLE PROGRAM

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

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FUTURE COMBAT SYSTEM

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

0604645A: Armored Systems Modernization	$2,374,010,000
--System of Systems (SoS) Engineering and Program Management, Family of Systems Analysis and Integration, Network Software, Systems Integration Platforms-Management, SoS Test and Evaluation, Government Cost, Other Contract Cost	1,570,610,000
--Sustainment	53,600,000
--UAV Reconnaissance & Sensors	154,200,000
--Unmanned Ground Vehicles	137,100,000
--Manned Ground Vehicles	429,000,000
--Unattended Ground Sensors.	29,500,000
New P.E.: Non-Line of Sight Launch System	58,200,000
0604647A: Non Line of Sight Cannon (NLOS-C)	497,643,000
Total	2,929,853,000

The projects identified within program element 0604645A, Armored Systems Modernization, are congressional special interest items for the purpose of prior approval reprogrammings as discussed elsewhere in this report. Funds provided in a new program element for the Non Line of Sight Launch System (NLOS-LS) are subject to normal prior approval reprogramming procedures as described elsewhere in this report.

The conferees direct that the Secretary of the Army provide a report to the congressional defense committees not later than November 1, 2004, that outlines the program definition including missile configurations for NLOS-LS.

NON LINE OF SIGHT CANNON

The conferees agree with the guidance provided in the House report accompanying the fiscal year 2005 DoD Appropriations bill concerning the Non Line of Sight Cannon and Resupply Vehicle (NLOS-C). Accordingly, the conference agreement includes a general provision (Sec. 8109) that directs the Army to program and budget for NLOS-C for fielding in 2010. The conferees direct that fielding shall be conducted as defined by Army Regulation 700-142.

As noted elsewhere in the report, the budget request includes $497,643,000 for NLOS-C. The conferees recognize that $93,686,000 of this amount was requested explicitly for the purpose of developing mission equipment unique to NLOS-C. Accordingly, the conferees direct that this amount is a congressional special interest item for the purpose of prior approval reprogrammings.

LAND WARRIOR AND FUTURE FORCE WARRIOR

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

AERIAL COMMON SENSOR

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

PATRIOT PAC-3/MEDIUM EXTENDED AIR DEFENSE SYSTEM (MEADS)

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

GUIDED MULTIPLE LAUNCH ROCKET SYSTEM (GMLRS)-UNITARY

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

LAND MINE ALTERNATIVES

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

BROADBAND LANGUAGE TRAINING PROGRAMS

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

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JOINT STRIKE FIGHTER STOVL LIFT FAN

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

AMPHIBIOUS ASSAULT SHIP--LHA REPLACEMENT

The conferees agree to provide $44,180,000 for the Amphibious Assault Ship--LHA Replacement, LHA(R), program as requested and as proposed by the Senate instead of no appropriation as proposed by the House.

The conferees agree that the Secretary of the Navy shall submit to the Committees on Appropriations of the House and Senate, a report within 90 days of enactment of this Act that addresses a thorough review of the LHA(R) requirement, the impact of the proposed ship on executing the Marine Corps amphibious assault mission, the overall cost and acquisition objective of LHA(R), and the acquisition strategy.

NEXT GENERATION DESTROYER--DD(X)

The conferees agree to provide $1,176,469,000 for the DD(X) program instead of $1,182,785,000 as proposed by the House and $1,210,469,000 as proposed by the Senate.

The conferees agree that prior to the completion of the Critical Design Review (CDR), the Navy should complete land-based testing of the Advanced Gun System (AGS) and the Integrated Power System (IPS). The conferees believe it is not advisable to complete CDR prior to ensuring that at least two of the 12 key technologies have completed testing due to historical trends of ship cost growth based on re-design to accommodate changes in technological requirements.

The conferees direct the Navy to submit a report to the congressional defense committees that addresses the Navy's plan to transition DD(X) key technologies through development, testing, acquisition, and installation. This report should also address `back up' technologies that could be inserted into the DD(X) program should the maturity of the planned technology not materialize within a timeline necessary to meet the stated DD(X) schedule.

LITTORAL COMBAT SHIP

The conferees agree to provide $457,089,000 for the Littoral Combat Ship (LCS) program instead of $409,089,000 as proposed by the House and $352,089,000 as requested and proposed by the Senate.

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

CORROSION RESISTANT MARINE PAINT

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

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SPACE BASED RADAR

The conferees agree with the House position.

AIRBORNE ELECTRONIC ATTACK

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

INSTRUMENTATION, LOADING, INTEGRATION, ANALYSIS AND DOCUMENTATION

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

C-17 FLIGHT TEST DATA ARCHIVE

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

AIR FORCE `MINORITY LEADERS' PROGRAM

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

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JOINT UNMANNED COMBAT AERIAL SYSTEM (JUCAS)

The conferees agree to provide a total of $586,490,000 for the Joint Unmanned Combat Aerial System (JUCAS) program instead of $710,401,000 as proposed by the House and $510,401,000 as proposed by the Senate.

The conferees agree with the Senate position that the JUCAS program has not been properly coordinated with the Services and that the focus of the program should be on meeting the requirements of the Air Force and Navy. To this end, the conferees direct that $363,617,000 of the funds provided for the JUCAS shall be used to complete and demonstrate the unmanned combat aerial vehicle technology demonstrators in support of Air Force and Navy requirements for such systems.

The conferees agree to provide $222,873,000 for JUCAS Advanced Component and Prototype Development, as proposed by the Senate instead of $260,784,000 as proposed by the House.

FOCUS CENTER RESEARCH PROGRAM

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

MISSILE DEFENSE PROGRAMS

The conference agreement provides $9,050,031,000 for the Missile Defense programs included in Research, Development, Test and Evaluation, Defense-Wide. Of this amount, $4,620,825,000 is for the Ballistic Missile Defense (BMD) Midcourse Segment program. The conferees direct that the entire amount provided for the BMD Midcourse Segment is a congressional special interest item for the purpose of prior approval reprogramming, as described elsewhere in this report. The conferees also direct that adjustments made to the various Missile Defense Agency (MDA) program elements, as reflected on the project level tables, are congressional special interest items.

The conferees direct that transfers of funds between the MDA program elements are subject to the same reprogramming guidance applicable to all other research, development, test and evaluation funded activities. Specifically, the conferees direct that the Missile Defense Agency observe the cumulative $10,000,000 threshold for the reprogramming of research, development, test and evaluation funds. If the combined value of transfers into or out of a research and development (R-1) line exceeds this threshold, the Department of Defense must submit a prior approval reprogramming request to the congressional defense committees. The Department shall also observe the limitation that prior approval reprogrammings are set at either the specific dollar threshold or 20 percent of the procurement or research and development line, whichever is less. The conferees further direct that any taxes, withholds or undistributed reductions to the MDA programs be made in accordance with applicable guidance described elsewhere in this report.

BMDS OPERATIONS

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

INTEGRATED FLIGHT TEST-13C (IFT-13C)

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

SCORPIUS

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

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TITLE V--REVOLVING AND MANAGEMENT FUNDS

DEFENSE WORKING CAPITAL FUNDS

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

NATIONAL DEFENSE SEALIFT FUND

The conferees agree to provide a total of $1,204,626,000 for the National Defense Sealift Fund instead of $1,186,990,000 as proposed by the House and $441,936,000 as proposed by the Senate.

Within the funds provided, the conferees agree that $768,400,000 is for construction of two T-AKE vessels as proposed in the fiscal year 2005 budget request and $28,000,000 is for the Maritime Pre-positioning Fleet (Future), MPF(F).

The conferees agree that none of the funds provided for the MPF(F) may be obligated or expended until the Secretary of the Navy submits to the congressional defense committees, a detailed report on the MPF(F) mission, operational requirements, analysis of alternatives, expenditure plans, and overall program congruence with ongoing forcible entry studies.

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DEFENSE HEALTH PROGRAM REPROGRAMMING PROCEDURES

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

In addition, the conferees direct the Department of Defense to provide budget execution data for all of the Defense Health Program accounts. Such budget execution data shall be provided quarterly to the congressional defense committees through the DD-COMP(M) 1002 accounting form.

PEER REVIEWED MEDICAL RESEARCH PROGRAM

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

The conferees direct the Department to provide a report by March 1, 2005, on the status of this Peer Reviewed Medical Research Program.

WALTER REED ARMY MEDICAL CENTER--AMPUTEE PATIENT CARE PROGRAM

Ongoing combat operations have produced a surge from 3 to 6 percent in complex combat injuries involving amputations of major limbs. The Military Amputee Patient Care Program headquartered at Walter Reed Army Medical Center provides a center of expertise for state-of-the-art treatment, the rehabilitation of military amputee patients to the highest level of physical function, and a return to active duty if possible. The conferees commend the Army and those associated with this vital effort.

The conferees recommend an additional $19,200,000 over the budget request for this program. This includes $7,800,000 for operating costs associated with the center, including but not limited to personnel, equipment, patient travel, and prosthetic device costs; and $10,000,000 for prosthetic limb development and increased clinical and applied collaborative research in prosthetic care. Finally, the conferees provide an additional $1,400,000 for procurement of support equipment to enhance the new facility at Walter Reed Army Medical Center.

ARMY FISHER HOUSES

The conferees include a General Provision as proposed by the House, which provides $2,000,000 for construction and furnishing of additional Fisher Houses to meet the needs of military family members when confronted with the illness or hospitalization of an eligible military beneficiary.

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

MENTAL HEALTH SERVICES

The conferees believe that hardships resulting from U.S. troop deployments to Iraq and Afghanistan make it imperative for the Department of Defense to offer adequate mental health services for active duty and reserve members deployed to combat theaters. The conferees also are concerned that sufficient mental health services be made readily available to dependents of active duty and reserve members. As such, the conferees direct the Secretary of Defense to conduct a comprehensive review of mental health services available to our military members deployed in combat theaters, as well as a review of services that may be available to their dependents during and after a military member's deployment. The report should be submitted to the congressional defense committees no later than 180 days after enactment of this bill. The review should include, but not be limited to, the following subjects:

--Data on the average number of service days lost due to mental health reasons;

--The types of measures taken by the military services to reduce the stigma often associated with mental health counseling;

--An analysis of mental health services available--and barriers to access--to active duty and reserve members and their dependents (including dependents of activated members of the National Guard and Reserve Components);

--An analysis of the extent to which the U.S. Army has implemented the recommendations of the Army's Mental Health Advisory Team; and

--A plan for actions that the Secretary of Defense determines appropriate for improving the delivery of mental health services to members of the Armed Forces and their dependents.

The conferees further direct the Secretary of Defense to submit a report to the congressional defense committees not later than 360 days after enactment of this bill describing the actions taken to implement the aforementioned plan and the reason why actions in the plan have not been completed, if any.

THIRD PARTY COLLECTIONS

The House and Senate both expressed concern with the lack of third-party collections as outlined in General Accounting Office (GAO) report 04-322R. According to the GAO report, DoD's Third-Party Collections Program generates on average about $122 million annually. However, total collections for fiscal year 2003 were down $30 million from the previous year, and the GAO has further documented that DoD fails to collect $44 million a year from third party insurers. It is clear that DoD's failure to effectively bill and collect from third-party insurers pursuant to law precludes the military treatment facilities from maximizing the resources available to them. The conferees also have concerns that DoD reduced its Information Technology budget for third-party outpatient collection systems from fiscal year 2004 to fiscal year 2005.

The conferees direct the Department to report to the congressional defense committees by April 1, 2005, regarding the status of the transition to outpatient itemized billing and how third-party collections have progressed since the implementation of this system began in fiscal year 2003. Finally, the conferees direct the Assistant Secretary of Defense (Health Affairs) to make the necessary business process improvements to ensure that Military Treatment Facilities are collecting all appropriate third party payments, and to submit quarterly reports to the congressional defense committees on the status of collections during the current fiscal year.

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OFFICE OF THE INSPECTOR GENERAL

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

ENERGY CONTRACT REVIEW

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

TITLE VII--RELATED AGENCIES

CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM FUND

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

INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

The conference agreement appropriates $310,466,000 instead of $309,644,000 as proposed by the House and $319,355,000 as proposed by the Senate.

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

NATIONAL SECURITY EDUCATION TRUST FUND

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

TITLE VIII--GENERAL PROVISIONS

The conference agreement incorporated general provisions of the House and Senate versions of the bill which were not amended. Those general provisions that were amended in conference follow:

The conferees included a general provision (Section 8005) which amends language, as proposed by the House and the Senate, that increases the level of general transfer authority for the Department of Defense, and provides that transfers between military personnel appropriations shall not be taken into account for purposes of the limitation of funds which may be transferred under this section.

The conferees included a general provision (Section 8014) which amends language, as proposed by the House, setting limitations on conversion of Defense Department activities to contractor performance.

The conferees included a general provision (Section 8025) which amends language, as proposed by the Senate, earmarking up to $2,500,000 of `Operation and Maintenance, Air Force', for the acquisition of Native Allotment F-14589.

The conferees included a general provision (Section 8028) which amends language, proposed by the House and Senate, with respect to Federally Funded Research and Development Centers.

The conferees included a general provision (Section 8049) which amends language, as proposed by the House and Senate, recommending rescissions. The rescissions agreed to are:

(RESCISSIONS)

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

The conferees included a general provision (Section 8067) which amends language, as proposed by the Senate, to conform to current authorization law regarding fees that the Department of State charges to the Department of Defense for the maintenance, upgrade, or construction of U.S. diplomatic facilities. The conferees also provide an exemption to the Central Intelligence Agency with regard to the calculation of these fees.

The conferees included a general provision (Section 8082) which amends language, as proposed by the House, to provide for crediting refunds from government purchase cards, travel cards, and travel arrangements to current accounts in operation and maintenance, and research, development, test and evaluation. The conferees did not make the provision permanent.

The conferees included a general provision (Section 8090) which amends language, as proposed by the House and Senate, to change the dollar amount available for transfer.

The conferees included a general provision (Section 8092) which amends language, as proposed by the Senate, on the Littoral Combat Ship by adjusting the citation for the total amount appropriated.

The conferees included a general provision (Section 8096) which amends language, as proposed by the House and Senate concerning the Arrow missile defense program. The conference agreement provides a total of $155,290,000 for the Arrow program of which $68,000,000 is earmarked for missile component coproduction.

The conferees included a general provision (Section 8097) which amends language, as proposed by the House, on providing a grant to the California Central Coast Research Partnership.

The conferees included a general provision (Section 8098) which amends language, as proposed by the Senate, that transfers funds to the Coast Guard for mission essential equipment, and includes language which transfers funds to the Department of the Interior.

The conferees included a general provision (Section 8099) which amends language, as proposed by the House and Senate to provide for transfer of funds for the cost of prior year shipbuilding programs and to repeal Sec. 126 of Public Law 108-136.

The conferees included a general provision (Section 8105) which amends language, as proposed by the House, which reduces $197,500,000 from other procurement and research, development, test and evaluation accounts for cost growth in information technology development and modernization.

The conferees included a general provision (Section 8106) which amends language, as proposed by the House and Senate, to ensure that written notification is provided prior to initiation of new start programs.

The conferees included a general provision (Section 8109) which amends language, as proposed by the House and Senate, concerning the Non Line of Sight Cannon and Resupply Vehicle (NLOS-C), and Stryker Brigade Combat Teams. Language revises the fielding date for additional Stryker Brigade Combat Teams.

The conferees included a general provision (Section 8113) which amends language, as proposed by the House and Senate, which provides for grants to various organizations to include $5,000,000 to the Intrepid Sea-Air-Space Foundation; $1,875,000 to the Presidio Trust only for renovations of the parade field; $1,000,000 to the Fort Ticonderoga Association; $8,500,000 for the Military Aviation Museum of the Pacific; $10,000,000 to the Wings of Liberty Military Museum at Fort Campbell; $2,550,000 to the United Services Organization; $5,000,000 to the Galena IDEA Distance Learning Program; $1,500,000 to the Wing Luke Asian Museum; $8,000,000 to the Center for Applied Science and Engineering (Jordan Valley Innovation Park, Springfield, Missouri); $1,000,000 to the Women in Military Service for America Memorial Foundation; $2,000,000 to the American Red Cross Greater Alleghenies Blood Services Center; $4,000,000 to the Clarksville-Montgomery County School System, Tennessee; and $1,000,000 to the National Museum of Cavalry and Armor at Fort Knox.

The conferees included a general provision (Section 8118) which amends language, as proposed by the Senate, by making permanent language pertaining to section 2533a(f) of title 10 for procurement of any fish, shellfish, or seafood product.

The conferees included a general provision (Section 8122) which amends language as proposed by the House and Senate, reducing amounts available in titles II, III, and IV by $711,000,000 for savings from assumed management improvements.

The conferees included a general provision (Section 8123) which amends language as proposed by the House and Senate, reducing the amount available in `Operation and Maintenance, Air Force', by $967,200,000 for excess Transportation Working Capital Fund cash and directing that not later than 270 days after enactment of this Act, the same amount be transferred from the Transportation Working Capital Fund to `Operation and Maintenance, Air Force'.

The conferees included a general provision (Section 8125) which amends language as proposed by the House, to provide $3,900,000 from funds available in `Operation and Maintenance, Marine Corps', for widening, and construction of a pedestrian path, for Adobe Road.

The conferees included a general provision (Section 8126) which amends language, as proposed by the House, making $2,500,000 available for the MCAGCC Health Demonstration Program.

The conferees included a general provision (Section 8130) which amends language, as proposed by the House, which reduces amounts available in title II of this Act by $50,000,000 for offsetting of payments to contractors for the collection of unpaid taxes.

The conferees included a general provision (Section 8131) which amends language, as proposed by the House, which reduces funds available in title IV of this Act by revising the amount of the reduction.

The conferees included a general provision (Section 8132) which amends language, as proposed by the House, to establish the `Tanker Replacement Transfer Fund', and appropriates $100,000,000 to said fund.

The conferees included a general provision (Section 8133) which amends language, as proposed by the House, which prohibits the amending or cancellation of current Department of Defense policy for `Personal Commercial

Solicitation on DoD Installations', until 90 days after completion of a report on insurance premium allotment processing.

The conferees included a general provision (Section 8134) which amends language, as proposed by the House with respect to the due date of a report on the dud rate of cluster munitions.

The conferees included a general provision (Section 8135) which amends language, as proposed by the Senate, which provides from within funds available in `Operation and Maintenance, Navy', $2,600,000 for drainage and flood control systems in the vicinity of the Naval Magazine of Lualualei.

The conferees included a general provision (Section 8136) which amends language, as proposed by the Senate, to provide $2,100,000 from within funds available in `Operation and Maintenance, Navy', for a grant to the Chicago Public Schools for establishment of a Naval Military Academy High School.

The conferees included a general provision (Section 8140) which amends language, as proposed by the Senate, which reduces funds available in operation and maintenance accounts by $768,100,000 for excessive unobligated balances.

The conferees included a general provision (Section 8141) which amends language, as proposed by the Senate, to reduce the amount of funds available in title 11 by $100,000,000 for excessive cost growth in the travel and transportation of persons.

The conferees included a new general provision (Section 142) concerning a rescission of funds for unobligated balances. The rescissions agreed to are: 2002 Appropriations:

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

TITLE IX--ADDITIONAL WAR-RELATED APPROPRIATIONS

DEPARTMENT OF DEFENSE--MILITARY

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

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CONTRACTS FOR SECURITY, TRANSLATION, AND INTERROGATION SERVICES

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

TRAIN AND EQUIP

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

COMMANDER'S EMERGENCY RESPONSE PROGRAM

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

NAVY AIRCRAFT DEPOT MAINTENANCE

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

IRAQ FREEDOM FUND

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

PROCUREMENT

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

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RAPID RESPONSE FORCE PROTECTION INITIATIVE

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

REVOLVING AND MANAGEMENT FUNDS

DEFENSE WORKING CAPITAL FUNDS

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

OTHER DEPARTMENT OF DEFENSE PROGRAMS

DEFENSE HEALTH PROGRAM

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

GENERAL PROVISIONS--THIS TITLE

The conferees agree to retain section 9001 as proposed by the House, which provides that funds in this title are available for obligation upon enactment of this Act. The Senate proposed similar language.

The conferees agree to retain section 9002 as proposed by the House which provides that funds made available in this title are in addition to amounts provided elsewhere in this Act.

The conferees agree to retain and amend section 9003 as proposed by the House, which provides for transfer between appropriations of up to $1,500,000,000 of funds made available in this title, and which amends Section 8005 of the Department of Defense Appropriations Act, 2004 by striking $2,100,000,000 and inserting $2,800,000,000, and providing that transfers among military personnel appropriations shall not be taken into account for purposes of the limitation under this section. Additionally, the provision repeals, upon enactment of this Act, Section 168(a) of division H of the Consolidated Appropriations Act, 2004 (Public Law 108-199). The Senate did not address this matter.

The conferees agree to retain section 9004 as proposed by the House, which provides that funds appropriated in title IX of this Act for intelligence activities are deemed to be authorized for purposes of section 504 of the National Security Act of 1947. The Senate addressed this in title VIII of the Senate-passed bill.

The conferees agree to retain and amend section 9005 as proposed by the House and the Senate, which prohibits the use of funds provided in title IX to finance programs or activities denied by Congress for fiscal years 2004 or 2005 and requires written notification prior to initiating new start programs.

The conferees agree to delete language as proposed by the House, which would have continued authorization for certain travel and clothing allowances during fiscal year 2005. The Senate did not address this matter.

The conferees agree to delete language as proposed by the House, which would have continued through September 30, 2005, authorization for certain military pay and allowances. The Senate did not address this matter.

The conferees agree to retain and amend section 9006 as proposed by the House, which provides for support to military and security forces in Iraq and Afghanistan and provides $500,000,000 from funds available for operation and maintenance in this title to train and equip the New Iraqi Army and the Afghan National Army, and directs certain reports. The Senate included a similar provision.

The conferees agree to retain and amend section 9007 as proposed by the House and the Senate, which provides that from funds made available in this title, $300,000,000 may be used to fund the Commander's Emergency Response Program.

The conferees agree to retain section 9008 as proposed by the Senate which provides for an increase in drawdown authority provided under the Afghan Freedom Support Act of 2002. The House included a similar provision.

The conferees agree to retain section 9009 as proposed by the Senate which provides that funds available for operation and maintenance for the current fiscal year may be used for support to coalition forces in Iraq and Afghanistan, and directs quarterly reports. The House included similar language.

The conferees agree to retain section 9010 as proposed by the House which requires periodic reports on military operations in Iraq and Afghanistan; amounts expended; military readiness, recruitment and retention; and other subjects. The Senate did not address this matter.

The conferees agree to retain section 9011 as proposed by the House which reaffirms that torture of prisoners of war and detainees is illegal and does not reflect the policies of the United States. The Senate did not address this matter.

The conferees agree to retain and amend section 9012 as proposed by the House which directs the President to provide a report on estimated costs, from fiscal year 2006 to 2011, of operations in and around Iraq and Afghanistan. The Senate did not address this matter.

The conferees agree to delete language as proposed by the House pertaining to the debt ceiling. The Senate did not address this matter.

The conferees agree to delete language as proposed by the House which would have directed the Secretary of Defense to provide a list of contracts entered into by the Department of Defense for security, translation, and interrogation services in Iraq, Afghanistan, or Guantanamo Bay, and the amount of each contract. The Senate did not address this matter.

The conferees agree to retain section 9013 as proposed by the House which provides that none of the funds made available in this title may be used to fund any contract in contravention of section 8(d)(6) of the Small Business Act. The Senate did not address this matter.

The conferees agree to include a new provision, section 9014, which provides for the presentation of promotional materials to members of the active and reserve component who participate in Operation Enduring Freedom or Operation Iraqi Freedom.

The conferees agree to include a new provision, section 9015, which provides that for the purposes of Section 402(a)(2) of S. Con. Res. 95 (108th Congress), as made applicable to the House of Representatives by H. Res. 649 (108th Congress), all funds provided in this title, and those made available by transfer or pursuant to authority in section 9003 of the conference report, are directly in support of national security and U.S. forces in the field, are sudden, meet an urgent and compelling need, are unpredictable, and are not permanent in nature.

TITLE X

OTHER MATTERS

CHAPTER 1 DEPARTMENT OF STATE

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

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

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

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

GENERAL PROVISIONS, THIS CHAPTER

Sec. 11001. The conference agreement includes language, as proposed in the Senate bill, regarding the Manufacturing Extension Partnership program.

Sec. 11002. The conference agreement includes language, similar to language proposed in the Senate bill, providing $50,000,000 to reimburse State and local law enforcement agencies for security costs associated with the 2004 Presidential Candidate Nominating Conventions in New York, NY and Boston, MA.

Sec. 11003. The conference report includes new language providing $26,000,000 to the Federal Judiciary for unanticipated costs related to defender services.

Sec. 11004. The conference agreement includes language, as proposed in the House bill, regarding certain transfer, reprogramming, and other authorities applicable to amounts provided in this title for the Department of State.

For purposes of section 402(a)(2) of S. Con. Res. 95 (108th Congress), as made applicable to the House of Representatives by H. Res. 649 (108th Congress) and applicable to the Senate by section 14007 of this Act, funds provided in this chapter are provided in response to situations which pose direct threats to life and property, are sudden, are urgent and compelling needs, are unpredictable, and are not permanent in nature.

CHAPTER 2 BILATERAL ECONOMIC ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

The conference agreement appropriates $70,000,000 for necessary expenses to respond to the humanitarian crisis in the Darfur region of Sudan and in Chad, as proposed by the House and the Senate. Language is included elsewhere in this title that designates the funding as an emergency requirement. The funds are available until expended, and become available for obligation upon enactment into law of this Act.

For purposes of section 402(a)(2) of S. Con. Res. 95 (108th Congress), as made applicable to the House of Representatives by H. Res. 649 (108th Congress) and applicable to the Senate by section 14007 of this Act, funds provided under this heading are provided in response to a situation which poses a direct threat to life and property, is sudden, is an urgent and compelling need, is unpredictable, and is not permanent in nature.

DEPARTMENT OF STATE

MIGRATION AND REFUGEE ASSISTANCE

The conference agreement appropriates $25,000,000 for necessary expenses to respond to the humanitarian crisis in the Darfur region of Sudan and in Chad, as proposed by the House and the Senate. Language is included elsewhere in this title that designates the funding as an emergency requirement. The funds are available until expended, and become available for obligation upon enactment into law of this Act.

For purposes of section 402(a)(2) of S. Con. Res. 95 (108th Congress), as made applicable to the House of Representatives by H. Res. 649 (108th Congress) and applicable to the Senate by section 14007 of this Act, funds provided under this heading are provided in response to a situation which poses a direct threat to life and property, is sudden, is an urgent and compelling need, is unpredictable, and is not permanent in nature.

GENERAL PROVISIONS, THIS CHAPTER

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

Sec. 12002. The conference agreement includes language, as proposed in the Senate bill, regarding Foreign Assistance Act provisions.

CHAPTER 3 SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2004 FOR URGENT WILDLAND FIRE SUPPRESSION ACTIVITIES

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

DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

WILDLAND FIRE MANAGEMENT

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

DEPARTMENT OF AGRICULTURE

FOREST SERVICE

WILDLAND FIRE MANAGEMENT

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

CHAPTER 4 GENERAL PROVISIONS--THIS TITLE

Sec. 14001. Appropriations provided in this title are available for obligation until September 30, 2005, unless otherwise so provided in this title.

Sec. 14002. Funds in this title are available for obligation and authorities in this title shall apply upon enactment of this Act.

Sec. 14003. The conference agreement includes language, which amends a Senate provision, regarding amendments to Public Law 108-199 related to the distribution of Federal-Aid Highways funding for fiscal year 2004.

Sec. 14004. The conference agreement includes language, which amends a Senate provision, to include a technical correction relating to the name of a project grantee funded under the heading `Institute of Museum and Library Services' in title IV of the Departments of Labor, Health and Human Services, and Education and Related Agencies Appropriations Act, fiscal year 2004.

Sec. 14005. The conference agreement includes new language that extends the availability of $10,600,000 for the District of Columbia Public Schools until September 30, 2005.

Sec. 14006. The conference agreement includes a new technical clarification to 8 U.S.C. 11184 (8)(1)(B).

Sec. 14007. The conferees agreed to a new provision, applicable to the Senate, setting for fiscal year 2005 a discretionary spending level in the Senate of $821,419,000,000, and permitting further adjustments as allowed under the terms of the conference report on S. Con. Res. 95, the concurrent resolution setting forth the congressional budget for the United States Government for fiscal year 2005, as contained in House Report 108-498, filed in the House of Representatives on May 19, 2004. This provision does not trigger the application of House Rule XXVII.

Sec. 14008. The conference agreement includes a new provision which provides that appropriations in chapters 1 and 2 of this title are each designated as emergency appropriations pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made applicable to the House of Representatives by H. Res. 649 (108th Congress) and applicable to the Senate by section 14007 of this Act.

CONFERENCE TOTAL--WITH COMPARISONS

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

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

JERRY LEWIS,
BILL YOUNG,
DAVID L. HOBSON,
HENRY BONILLA,
GEORGE R. NETHERCUTT, Jr.,
RANDY `DUKE' CUNNINGHAM,
RODNEY P. FRELINGHUYSEN,
TODD TIAHRT,
ROGER F. WICKER,
JOHN P. MURTHA,
NORMAN D. DICKS,
MARTIN OLAV SABO,
PETER J. VISCLOSKY,
JAMES P. MORAN,
DAVID R. OBEY,

Managers on the Part of the House.
TED STEVENS,
THAD COCHRAN,
ARLEN SPECTER,
PETE DOMENICI,
KIT BOND,
MITCH MCCONNELL,
RICHARD C. SHELBY,
JUDD GREGG,
KAY BAILEY HUTCHISON,
CONRAD BURNS,
DANIEL K. INOUYE,
ERNEST F. HOLLINGS,
(except for deeming section),
ROBERT C. BYRD,
(except for the section deeming FY2005 discretionary limits),
PATRICK J. LEAHY,
(except for deeming section),
TOM HARKIN,
(except for deeming section),
BYRON L. DORGAN,
(except for deeming section),
RICHARD J. DURBIN,
(except for the deeming FY2005 discretionary limits),
HARRY REID,
(except for deeming section),
DIANNE FEINSTEIN,
(except for deeming section),

Managers on the Part of the Senate.

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