[108th Congress Public Law 287]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ287.108]
[[Page 118 STAT. 951]]
Public Law 108-287
108th Congress
An Act
Making appropriations for the Department of Defense for the fiscal year
ending September 30, 2005, and for other purposes. <<NOTE: Aug. 5,
2004 - [H.R. 4613]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Department of
Defense Appropriations Act, 2005.>>
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
[[Page 118 STAT. 952]]
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.
[[Page 118 STAT. 953]]
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
[[Page 118 STAT. 954]]
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
[[Page 118 STAT. 955]]
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.
[[Page 118 STAT. 956]]
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
[[Page 118 STAT. 957]]
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.
[[Page 118 STAT. 958]]
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
[[Page 118 STAT. 959]]
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.
[[Page 118 STAT. 960]]
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
[[Page 118 STAT. 961]]
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;
[[Page 118 STAT. 962]]
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.
[[Page 118 STAT. 963]]
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.
[[Page 118 STAT. 964]]
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, <<NOTE: Deadline.>> 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.
[[Page 118 STAT. 965]]
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $10,698,989,000, to
remain available for obligation until September 30, 2006: Provided, That
of the amounts provided under this heading, $11,500,000 for Molecular
Genetics and Musculoskeletal Research in program element 0602787A shall
remain available until expended.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $17,043,812,000, to
remain available for obligation until September 30, 2006: Provided, That
funds appropriated in this paragraph which are available for the V-22
may be used to meet unique operational requirements of the Special
Operations Forces: Provided further, That funds appropriated in this
paragraph shall be available for the Cobra Judy program.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $20,890,922,000, to
remain available for obligation until September 30, 2006.
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department of Defense
(other than the military departments), necessary for basic and applied
scientific research, development, test and evaluation; advanced research
projects as may be designated and determined by the Secretary of
Defense, pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $20,983,624,000, to remain
available for obligation until September 30, 2006.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and Evaluation,
in the direction and supervision of operational test and evaluation,
including initial operational test and evaluation which is conducted
prior to, and in support of, production decisions; joint operational
testing and evaluation; and administrative expenses in connection
therewith, $314,835,000, to remain available for obligation until
September 30, 2006.
[[Page 118 STAT. 966]]
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
[[Page 118 STAT. 967]]
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, <<NOTE: 117
Stat. 1069.>> 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
[[Page 118 STAT. 968]]
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. <<NOTE: 10 USC 1584 note.>> 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
[[Page 118 STAT. 969]]
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, <<NOTE: Notification.>> 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, <<NOTE: Deadline.>> 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.
[[Page 118 STAT. 970]]
(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. <<NOTE: Notification.>> 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. <<NOTE: Contracts. Notifications. 10 USC 2306b
note.>> 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;
[[Page 118 STAT. 971]]
(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. <<NOTE: 10 USC 401 note.>> 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. <<NOTE: Reports.>> 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. <<NOTE: Notification.>> 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. <<NOTE: Lobbying.>> 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
[[Page 118 STAT. 972]]
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, <<NOTE: Applicability.>> 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.
[[Page 118 STAT. 973]]
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, <<NOTE: Certification.>> 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 <<NOTE: Regulations.>> 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
[[Page 118 STAT. 974]]
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. <<NOTE: 10 USC 2687 note.>> 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: <<NOTE: Reports. Deadline.>> 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: <<NOTE: Certification.>> 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
[[Page 118 STAT. 975]]
for the Department of Defense with respect to any fiscal year: Provided
further, That notwithstanding 41 U.S.C. 430, this section shall be
applicable to any Department of Defense acquisition of supplies or
services, including any contract and any subcontract at any tier for
acquisition of commercial items produced or manufactured, in whole or in
part by any subcontractor or supplier defined in 25 U.S.C. 1544 or a
small business owned and controlled by an individual or individuals
defined under 25 U.S.C. 4221(9): Provided further, That businesses
certified as 8(a) by the Small Business Administration pursuant to
section 8(a)(15) of Public Law 85-536, as amended, shall have the same
status as other program participants under section 602 of Public Law
100-656, 102 Stat. 3825 (Business Opportunity Development Reform Act of
1988) for purposes of contracting with agencies of the Department of
Defense.
Sec. 8022. None of the funds appropriated by this Act shall be
available to perform any cost study pursuant to the provisions of OMB
Circular A-76 if the study being performed exceeds a period of 24 months
after initiation of such study with respect to a single function
activity or 30 months after initiation of such study for a multi-
function activity.
Sec. 8023. Funds appropriated by this Act for the American Forces
Information Service shall not be used for any national or international
political or psychological activities.
Sec. 8024. Notwithstanding any other provision of law or regulation,
the Secretary of Defense may adjust wage rates for civilian employees
hired for certain health care occupations as authorized for the
Secretary of Veterans Affairs by section 7455 of title 38, United States
Code.
Sec. 8025. (a) Of the amount appropriated by title II under the
heading ``Operation and Maintenance, Air Force'', up to $2,500,000 may
be used for the acquisition of Native Allotment F-14589 by the Secretary
of the Air Force in accordance with this section (including for the
appraisal under this section), and for fully compensating the owners of
such allotment for the damages caused to such owners by Air Force
occupancy of property comprising that allotment.
(b) The acquisition under this section may be made only with the
consent of the owners of Native Allotment F-14589 and only for the
appraised fair marked value of that allotment, as determined by the
appraiser under subsection (c).
(c) <<NOTE: Deadlines.>> 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) <<NOTE: Deadline.>> 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,
[[Page 118 STAT. 976]]
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) <<NOTE: Reports.>> 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.
[[Page 118 STAT. 977]]
(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, <<NOTE: Applicability.>> 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, <<NOTE: Certification.>> 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) <<NOTE: 41 USC 10b-2.>> 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) <<NOTE: Reports.>> 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
[[Page 118 STAT. 978]]
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. <<NOTE: 10 USC 2667 note.>> 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. <<NOTE: President. 10 USC 221 note.>> 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. <<NOTE: 10 USC 374 note.>> 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
[[Page 118 STAT. 979]]
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: <<NOTE: 50 USC 403u note.>> 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.
[[Page 118 STAT. 980]]
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
[[Page 118 STAT. 981]]
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;
[[Page 118 STAT. 982]]
``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, <<NOTE: Certification.>> 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. <<NOTE: Deadline. Certification. 10 USC 2674 note.>> (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
[[Page 118 STAT. 983]]
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) <<NOTE: Applicability.>> 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. <<NOTE: 10 USC 374 note.>> (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) <<NOTE: 50 USC 403f note.>> 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. <<NOTE: 10 USC 2865 note.>> 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
[[Page 118 STAT. 984]]
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. <<NOTE: Contracts.>> 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
[[Page 118 STAT. 985]]
for in Defense Appropriations Acts, or provisions of Acts providing
supplemental appropriations for the Department of Defense.
Sec. 8064. <<NOTE: Notification.>> (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) <<NOTE: Applicability.>> 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. <<NOTE: 10 USC 2540 note.>> 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: <<NOTE: Reports.>> 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
[[Page 118 STAT. 986]]
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.
[[Page 118 STAT. 987]]
Sec. 8070. <<NOTE: 10 USC 2241 note.>> 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
[[Page 118 STAT. 988]]
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) <<NOTE: Applicability.>> 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) <<NOTE: Human rights.>> 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
[[Page 118 STAT. 989]]
States by a domestically operated
entity: <<NOTE: Certification.>> 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. <<NOTE: Reports.>> 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: <<NOTE: Certification.>> 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. <<NOTE: Reports. Deadline.>> 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
[[Page 118 STAT. 990]]
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) <<NOTE: Notification.>> 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) <<NOTE: Notification.>> 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: <<NOTE: Certification.>> Provided further, That the Secretary
of Defense may waive this restriction on a
[[Page 118 STAT. 991]]
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. <<NOTE: Alcohol and alcoholic beverages. 10 USC 2488
note.>> 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: <<NOTE: Contracts. Applicability.>> 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.
[[Page 118 STAT. 992]]
(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: <<NOTE: Contracts.>> 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. <<NOTE: Applicability. 10 USC 113 note.>> 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.
[[Page 118 STAT. 993]]
(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. <<NOTE: Grants.>> 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: <<NOTE: Deadline.>> 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
[[Page 118 STAT. 994]]
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.
[[Page 118 STAT. 995]]
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) <<NOTE: Applicability.>> 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:
[[Page 118 STAT. 996]]
(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''. <<NOTE: Grants.>> 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.
[[Page 118 STAT. 997]]
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
[[Page 118 STAT. 998]]
not directly related to the conduct of
overseas <<NOTE: Reports. Deadlines.>> 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. <<NOTE: Applicability.>> 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. <<NOTE: 10 USC 221 note.>> 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. <<NOTE: 10 USC 2533a note.>> 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. <<NOTE: Applicability. Contracts.>> 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
[[Page 118 STAT. 999]]
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
[[Page 118 STAT. 1000]]
$967,200,000 to reflect cash balance and rate stabilization adjustments
in the Department of Defense Transportation Working Capital Fund.
(b) <<NOTE: Deadline.>> 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. <<NOTE: Contracts. California.>> 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. <<NOTE: Grants. California.>> 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
[[Page 118 STAT. 1001]]
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, <<NOTE: Reports.>> 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
[[Page 118 STAT. 1002]]
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: <<NOTE: Deadline. Notification.>> 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: <<NOTE: Reports. Deadline.>> 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. <<NOTE: Reports.>> 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. <<NOTE: Reports. Deadline.>> 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--
[[Page 118 STAT. 1003]]
(1) any request for funds for a fiscal year for an ongoing
military operation overseas, including operations in Afghanistan
and Iraq, should be included in the annual budget of the
President for such fiscal year as submitted to Congress under
section 1105(a) of title 31, United States Code; and
(2) any funds provided for such fiscal year for such a
military operation should be provided in appropriations Acts for
such fiscal year through appropriations to specific accounts set
forth in such Acts.
Sec. 8139. Notwithstanding any other provision of law, the Secretary
of the Air Force may, using funds available to the Air Force, demolish
or provide for the demolition of any facilities or other improvements on
real property at the former Wurtsmith Air Force Base.
Sec. 8140. (a) The total amount appropriated or otherwise made
available in this Act is hereby reduced by $768,100,000 to reflect
excessive unobligated balances, to be distributed as follows:
``Operation and Maintenance, Army'', $160,800,000;
``Operation and Maintenance, Navy'', $171,900,000;
``Operation and Maintenance, Marine Corps'', $15,700,000;
``Operation and Maintenance, Air Force'', $142,400,000; and
``Operation and Maintenance, Defense-Wide'', $277,300,000.
(b) The Secretary of Defense shall allocate this reduction
proportionately to each budget activity, activity group, subactivity
group, and each program, project, and activity within each applicable
appropriation account.
Sec. 8141. (a) The total amount appropriated or otherwise made
available in title II of this Act is hereby reduced by $100,000,000 to
limit excessive growth in the travel and transportation of persons.
(b) The Secretary of Defense shall allocate this reduction
proportionately to each budget activity, activity group, subactivity
group, and each program, project, and activity within each applicable
appropriation account.
(including rescissions)
Sec. 8142. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts:
``Aircraft Procurement, Navy, 2002/2004'', $50,000,000; and
``Aircraft Procurement, Air Force, 2002/2004'', $50,000,000:
Provided, That in addition to funds made available elsewhere in this
Act, $100,000,000 is hereby appropriated, in the specified amounts to
the following accounts:
``Aircraft Procurement, Navy, 2003/2005'', $50,000,000; and
``Aircraft Procurement, Air Force, 2003/2005'', $50,000,000:
Provided further, <<NOTE: Effective date.>> That this section shall
become effective upon enactment of this Act.
[[Page 118 STAT. 1004]]
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.
[[Page 118 STAT. 1005]]
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: <<NOTE: Notification.>> 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: <<NOTE: Reports. Deadline.>> 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.
[[Page 118 STAT. 1006]]
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: <<NOTE: Applicability.>> 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,
[[Page 118 STAT. 1007]]
That the Secretary <<NOTE: Notification.>> 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. <<NOTE: Afghanistan. Terrorism.>> 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: <<NOTE: Notification. Deadline.>> 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. <<NOTE: Iraq. Afghanistan.>> 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: <<NOTE: Reports.>> Provided, That the Secretary of Defense
shall provide quarterly reports to the congressional defense committees
[[Page 118 STAT. 1008]]
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) <<NOTE: 22 USC 7532.>> 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, <<NOTE: Reports.>> That
the Secretary of Defense shall provide quarterly reports to the
congressional defense committees regarding support provided under this
section.
Sec. 9010. <<NOTE: Deadlines. Reports. 10 USC 113 note.>> (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.
[[Page 118 STAT. 1009]]
(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. <<NOTE: President. Reports.>> 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, <<NOTE: Certification.>> 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: <<NOTE: Deadline.>> 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.
[[Page 118 STAT. 1010]]
General Provisions, This Chapter
Sec. 11001. <<NOTE: Applicability. Deadline.>> 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: <<NOTE: Grants. Massachusetts. New York.>> 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. <<NOTE: Applicability.>> 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.
[[Page 118 STAT. 1011]]
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) <<NOTE: Deadline. President. Notification.>> 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''.
[[Page 118 STAT. 1012]]
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 <<NOTE: Reports. Deadline.>> 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 <<NOTE: Establishment. Reports.>> 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. <<NOTE: Applicability.>> Funds in this title are
available for obligation and authorities in this title shall apply upon
enactment of this Act.
[[Page 118 STAT. 1013]]
Sec. 14003. (a) Public Law 108-199 is amended in division F, title
I, section 110(g) <<NOTE: Ante, p. 293.>> 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) <<NOTE: Ante, p. 270.>> is amended by
striking ``Michigan Space and Science Center, Jackson, Michigan,
[[Page 118 STAT. 1014]]
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) <<NOTE: Applicability.>> 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.
[[Page 118 STAT. 1015]]
This Act may be cited as the ``Department of Defense Appropriations
Act, 2005''.
Approved August 5, 2004.
LEGISLATIVE HISTORY--H.R. 4613 (S. 2559):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 108-553 (Comm. on Appropriations) and 108-622 (Comm.
of Conference).
SENATE REPORTS: No. 108-284 accompanying S. 2559 (Comm. on
Appropriations).
CONGRESSIONAL RECORD, Vol. 150 (2004):
June 22, considered and passed House.
June 24, considered and passed Senate, amended, in lieu of
S. 2559.
July 22, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):
Aug. 5, Presidential remarks.
<all>