118 STAT. 992 PUBLIC LAW 108–287—AUG. 5, 2004 (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, construc tion, personal services, and operations related to projects described in further detail in the Classified Annex accompanying the Depart ment 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 max imum extent consistent with the national security, as determined by the Secretary of Defense. SEC. 8091. Section 8106 of the Department of Defense Appro priations 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: Pro vided, That funds for the second vessel shall be for a second source supplier: Provided further, That all subsequent ships shall be pur chased 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 Pro gram’’, 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 con fronted 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 mis cellaneous 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. Applicability. 10 USC 113 note. Contracts.
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