118 STAT. 981 PUBLIC LAW 108–287—AUG. 5, 2004 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 head quarters. (b) The Secretary of Defense or Secretary of a military depart ment may waive the limitations in subsection (a), on a case by case basis, if the Secretary determines, and certifies to the Commit tees on Appropriations of the House of Representatives and Senate that the granting of the waiver will reduce the personnel require ments 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 explo ration 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 Of the funds appropriated in Department of Defense Appropriations Acts, the following funds are hereby rescinded from the following accounts and programs in the specified amounts: ‘‘Shipbuilding and Conversion, Navy, 2002/2006’’, $14,000,000; ‘‘Former Soviet Union Threat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;
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