H. R. 4613—33
exceed four times the total cost for the planning, design, construc-
tion, and installation of equipment for the renovation of wedge
1.
(b) ANNUAL ADJUSTMENT.—For purposes of applying the limita-
tion in subsection (a), the Secretary shall adjust the cost for the
renovation of wedge 1 by any increase or decrease in costs attrib-
utable 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 Sep-
tember 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 cer-
tification under subsection (a), the Secretary shall report the pro-
jected cost (as of the time of the certification) for—
(1) the renovation of each wedge, including the amount
adjusted or otherwise excluded for such wedge under the
authority of paragraphs (2) and (3) of subsection (c) for the
period covered by the certification; and
(2) the repair and reconstruction of wedges 1 and 2 in
response to the terrorist attack on the Pentagon that occurred
on September 11, 2001.
(e) DURATION OF CERTIFICATION REQUIREMENT.—The require-
ment 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 environ-
mental remediation may be obligated under indefinite delivery/
indefinite quantity contracts with a total contract value of
$130,000,000 or higher.
SEC. 8057. (a) None of the funds available to the Department
of Defense for any fiscal year for drug interdiction or counter-
drug activities may be transferred to any other department or
agency of the United States except as specifically provided in an
appropriations law.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction and counter-drug
activities may be transferred to any other department or agency
of the United States except as specifically provided in an appropria-
tions law.
(TRANSFER OF FUNDS)
SEC. 8058. Appropriations available under the heading ‘‘Oper-
ation 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
H. R. 4613—34
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: Pro-
vided, 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 Appropria-
tions 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 pur-
poses: 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 non-
reimbursable basis, to the Indian Health Service when it is in
conjunction with a civil-military project.
SEC. 8061. None of the funds in this Act may be used to
purchase any supercomputer which is not manufactured in the
United States, unless the Secretary of Defense certifies to the
congressional defense committees that such an acquisition must
be made in order to acquire capability for national security purposes
that is not available from United States manufacturers.
SEC. 8062. Notwithstanding any other provision of law, each
contract awarded by the Department of Defense during the current
fiscal year for construction or service performed in whole or in
part in a State (as defined in section 381(d) of title 10, United
States Code) which is not contiguous with another State and has
an unemployment rate in excess of the national average rate of
unemployment as determined by the Secretary of Labor, shall
include a provision requiring the contractor to employ, for the
purpose of performing that portion of the contract in such State
that is not contiguous with another State, individuals who are
residents of such State and who, in the case of any craft or trade,
possess or would be able to acquire promptly the necessary skills:
Provided, That the Secretary of Defense may waive the require-
ments 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
H. R. 4613—35
for in Defense Appropriations Acts, or provisions of Acts providing
supplemental appropriations for the Department of Defense.
SEC. 8064. (a) LIMITATION ON TRANSFER OF DEFENSE ARTICLES
AND SERVICES.—Notwithstanding any other provision of law, none
of the funds available to the Department of Defense for the current
fiscal year may be obligated or expended to transfer to another
nation or an international organization any defense articles or
services (other than intelligence services) for use in the activities
described in subsection (b) unless the congressional defense commit-
tees, the Committee on International Relations of the House of
Representatives, and the Committee on Foreign Relations of the
Senate are notified 15 days in advance of such transfer.
(b) COVERED ACTIVITIES.—This section applies to—
(1) any international peacekeeping or peace-enforcement
operation under the authority of chapter VI or chapter VII
of the United Nations Charter under the authority of a United
Nations Security Council resolution; and
(2) any other international peacekeeping, peace-enforce-
ment, or humanitarian assistance operation.
(c) REQUIRED NOTICE.—A notice under subsection (a) shall
include the following:
(1) A description of the equipment, supplies, or services
to be transferred.
(2) A statement of the value of the equipment, supplies,
or services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies—
(A) a statement of whether the inventory requirements
of all elements of the Armed Forces (including the reserve
components) for the type of equipment or supplies to be
transferred have been met; and
(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how the
President proposes to provide funds for such replacement.
SEC. 8065. To the extent authorized by subchapter VI of chapter
148 of title 10, United States Code, for the current fiscal year
and hereafter the Secretary of Defense may issue loan guarantees
in support of United States defense exports not otherwise provided
for: Provided, That the total contingent liability of the United
States for guarantees issued under the authority of this section
may not exceed $15,000,000,000: Provided further, That the expo-
sure fees charged and collected by the Secretary for each guarantee
shall be paid by the country involved and shall not be financed
as part of a loan guaranteed by the United States: Provided further,
That the Secretary shall provide quarterly reports to the Commit-
tees 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
H. R. 4613—36
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 appropria-
tion under this section may not exceed an amount equal to
1 percent of the total appropriation for that account.