H. R. 4613—50
$967,200,000 to reflect cash balance and rate stabilization adjust-
ments in the Department of Defense Transportation Working Cap-
ital Fund.
(b) Not later than 270 days after the date of the enactment
of this Act, the Secretary of Defense shall transfer $967,200,000
from the Department of Defense Transportation Working Capital
Fund to ‘‘Operation and Maintenance, Air Force’’ to offset the reduc-
tion made by subsection (a). The transfer required by this subsection
is in addition to any other transfer authority provided to the Depart-
ment of Defense.
SEC. 8124. None of the funds provided in this Act shall be
available for integration of foreign intelligence information unless
the information has been lawfully collected and processed during
the conduct of authorized foreign intelligence activities: Provided,
That information pertaining to United States persons shall only
be handled in accordance with protections provided in the Fourth
Amendment of the United States Constitution as implemented
through Executive Order No. 12333.
SEC. 8125. Of the amount appropriated under the heading
‘‘Operation and Maintenance, Marine Corps’’ for the Marine Corps
Air-Ground Task Force Training Center, Twenty Nine Palms, Cali-
fornia, $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 depend-
ents, and for construction of pedestrian and bike lanes for the
road, to provide for the safety of the Marines stationed at the
installation.
SEC. 8126. In addition to amounts appropriated or otherwise
made available in this Act, there is hereby appropriated $2,500,000,
for ‘‘Operation and Maintenance, Marine Corps’’: Provided, That
the Secretary of the Navy shall make a grant in that amount
to the ‘‘Hi-Desert Memorial Health Care District’’, Joshua Tree,
California, for the purposes of providing a capability for non-
invasive assessment, diagnostic testing and treatment in support
of service personnel and their families stationed at the Marine
Corps Air-Ground Task Force Training Center.
SEC. 8127. (a) LAND CONVEYANCE, ARMY RESERVE TRAINING
CENTER, WOOSTER, OHIO.—The Secretary of the Army may convey,
without consideration, to the City of Wooster, Ohio, all right, title,
and interest of the United States in and to a parcel of real property,
including improvements thereon, that is located at 1676 Portage
Road, Wooster, Ohio, and contains a former Army Reserve Training
Center.
(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary.
The cost of the survey shall be borne by the City of Wooster,
Ohio.
(c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 8128. (a) At the time members of reserve components
of the Armed Forces are called or ordered to active duty under
section 12302(a) of title 10, United States Code, each member
H. R. 4613—51
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 fluc-
tuations, or rate adjustments for any ship construction program
appropriated in law: Provided, That the Secretary may transfer
not to exceed $100,000,000 under the authority provided by this
section: Provided further, That the funding transferred shall be
available for the same time period as the appropriation to which
transferred: Provided further, That the Secretary may not transfer
any funds until 30 days after the proposed transfer has been
reported to the Committee on Appropriations of the Senate and
the House of Representatives, unless sooner notified by the Commit-
tees 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, pursu-
ant 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 anticipa-
tion of the application of non-statutory funding set asides: Provided,
That this reduction shall be allocated proportionately to each budg-
eted program, program element, project, and activity: Provided fur-
ther, That funds made available for programs of the National For-
eign Intelligence Program (NFIP) are exempt from the application
of this provision.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8132. TANKER REPLACEMENT TRANSFER FUND.—In addi-
tion 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 Replace-
ment 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
H. R. 4613—52
a tanker acquisition program: Provided further, That funds trans-
ferred shall be merged with and be available for the same purposes
and for the same time period as the appropriation or fund to
which transferred: Provided further, That this transfer authority
is in addition to any other transfer authority available to the
Department of Defense: Provided further, That the Secretary of
the Air Force shall, not fewer than 15 days prior to making transfers
using funds provided in this section, notify the congressional defense
committees in writing of the details of any such transfer: Provided
further, That the Secretary shall submit a report no later than
30 days after the end of each fiscal quarter to the congressional
defense committees summarizing the details of the transfer of funds
from this appropriation.
SEC. 8133. None of the funds appropriated or otherwise made
available by this Act may be used to amend or cancel, or implement
any amendment or cancellation of, Department of Defense Directive
1344.7, ‘‘Personal Commercial Solicitation on DOD Installations’’,
until after the end of the 90-day period beginning on the date
on which the report containing the results of the investigation
regarding insurance premium allotment processing, which is under-
way 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 Com-
mittee on Governmental Affairs of the Senate.
SEC. 8134. The Secretary of Defense shall provide a report
to the congressional defense committees not later than October
15, 2004, that addresses how the Department of Defense (DOD)
is improving the dud rate of cluster munitions to meet existing
DOD policies. This report shall address: (1) the types and quantities
of munitions systems that employ cluster munitions presently in
DOD’s inventory that do and do not meet the 1-percent dud rate
policy; (2) DOD efforts to ensure the development of cluster muni-
tions 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, mainte-
nance, 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, Chi-
cago, 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 avail-
able 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—
H. R. 4613—53
(1) any request for funds for a fiscal year for an ongoing
military operation overseas, including operations in Afghani-
stan 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 propor-
tionately 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 transpor-
tation of persons.
(b) The Secretary of Defense shall allocate this reduction propor-
tionately 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, That this section shall become effective upon
enactment of this Act.
H. R. 4613—54
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.
H. R. 4613—57
That the Secretary shall notify the Congress promptly of each
transfer made pursuant to the authority in this section: Provided
further, That the authority provided in this section is in addition
to any other transfer authority available to the Department of
Defense and is subject to the same terms and conditions as the
authority provided in section 8005 of this Act.
(b) Section 8005 of the Department of Defense Appropriations
Act, 2004 (Public Law 108–87; 117 Stat. 1071), is amended—
(1) by striking ‘‘$2,100,000,000’’ and inserting in lieu
thereof ‘‘$2,800,000,000’’; and
(2) by striking all after the third proviso and inserting
the following: ‘‘: Provided further, That transfers among military
personnel appropriations shall not be taken into account for
purposes of the limitation on the amount of funds that may
be transferred under this section.’’.
(c) Section 168(a) of division H of the Consolidated Appropria-
tions Act, 2004 (Public Law 108–199; 118 Stat. 456), is repealed
upon enactment of this Act.
SEC. 9004. Funds appropriated in this title, or made available
by the transfer of funds in or pursuant to this title, for intelligence
activities are deemed to be specifically authorized by the Congress
for purposes of section 504 of the National Security Act of 1947
(50 U.S.C. 414).
SEC. 9005. None of the funds provided in this title may be
used to finance programs or activities denied by Congress in fiscal
years 2004 and 2005 appropriations to the Department of Defense
or to initiate a procurement or research, development, test and
evaluation new start program without prior written notification
to the congressional defense committees.
SEC. 9006. Notwithstanding any other provision of law, from
funds made available in this title to the Department of Defense
for operation and maintenance, not to exceed $500,000,000 may
be used by the Secretary of Defense, with the concurrence of the
Secretary of State, to train, equip and provide related assistance
only to the New Iraqi Army and the Afghan National Army to
enhance their capability to combat terrorism and to support U.S.
military operations in Iraq and Afghanistan: Provided, That such
assistance may include the provision of equipment, supplies, serv-
ices, training and funding: Provided further, That the authority
to provide assistance under this section is in addition to any other
authority to provide assistance to foreign nations: Provided further,
That the Secretary of Defense shall notify the congressional defense
committees, the Committee on International Relations of the House
of Representatives, and the Committee on Foreign Relations of
the Senate not less than 15 days before providing assistance under
the authority of this section.
SEC. 9007. From funds made available in this title to the
Department of Defense, not to exceed $300,000,000 may be used,
notwithstanding any other provision of law, to fund the Com-
mander’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 respon-
sibility by carrying out programs that will immediately assist the
Iraqi people, and to fund a similar program to assist the people
of Afghanistan: Provided, That the Secretary of Defense shall pro-
vide quarterly reports to the congressional defense committees
H. R. 4613—58
regarding the source of funds and the allocation and use of funds
made available pursuant to the authority provided in this section.
SEC. 9008. Section 202(b) of the Afghanistan Freedom Support
Act of 2002 (Public Law 107–327, as amended by section 2206
of Public Law 108–106) is amended by striking ‘‘$450,000,000’’
and inserting in lieu thereof ‘‘$550,000,000’’.
SEC. 9009. During the current fiscal year, funds available to
the Department of Defense for operation and maintenance may
be used, notwithstanding any other provision of law, to provide
supplies, services, transportation, including airlift and sealift, and
other logistical support to coalition forces supporting military and
stability operations in Iraq and Afghanistan: Provided, That the
Secretary of Defense shall provide quarterly reports to the congres-
sional defense committees regarding support provided under this
section.
SEC. 9010. (a) Not later than April 30 and October 31 of
each year, the Secretary of Defense shall submit to Congress a
report on the military operations of the Armed Forces and the
reconstruction activities of the Department of Defense in Iraq and
Afghanistan.
(b) Each report shall include the following information:
(1) For each of Iraq and Afghanistan for the half-fiscal
year ending during the month preceding the due date of the
report, the amount expended for military operations of the
Armed Forces and the amount expended for reconstruction
activities, together with the cumulative total amounts expended
for such operations and activities.
(2) An assessment of the progress made toward preventing
attacks on United States personnel.
(3) An assessment of the effects of the operations and
activities in Iraq and Afghanistan on the readiness of the
Armed Forces.
(4) An assessment of the effects of the operations and
activities in Iraq and Afghanistan on the recruitment and reten-
tion of personnel for the Armed Forces.
(5) For the half-fiscal year ending during the month pre-
ceding 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 activi-
ties, 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.
H. R. 4613—59
(C) The extent (by percentage) to which the forces
deployed within the United States and outside the United
States in support of a contingency operation are composed
of reserve component forces.
SEC. 9011. Congress, consistent with international and United
States law, reaffirms that torture of prisoners of war and detainees
is illegal and does not reflect the policies of the United States
Government or the values of the people of the United States.
SEC. 9012. The President shall provide to the Congress a report
detailing the estimated costs over the period from fiscal year 2006
to 2011 of Operation Iraqi Freedom and Operation Enduring
Freedom, or any related military operations in and around Iraq
and Afghanistan, and the estimated costs of reconstruction, internal
security, and related economic support to Iraq and Afghanistan:
Provided, That the President may waive the requirement to submit
this report only if the President certifies in writing to the Congress
that estimates of these future military and economic support costs
cannot be provided for purposes of national security: Provided fur-
ther, 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 Pro-
grams’’ 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 Mis-
sion in Iraq, $20,000,000, to remain available until expended.
H. R. 4613—60
GENERAL PROVISIONS, THIS CHAPTER
SEC. 11001. For the purposes of applying sections 204 and
605 of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 2004 (division
B of Public Law 108–199) to matters in title II of such Act under
the heading ‘‘National Institute of Standards and Technology’’ (118
Stat. 69), in the account under the heading ‘‘Industrial Technology
Services’’, the Secretary of Commerce shall make all determinations
based on the Industrial Technology Services funding level of
$218,782,000 for reprogramming and transferring of funds for the
Manufacturing Extension Partnership program and may submit
such a reprogramming or transfer, as the case may be, to the
appropriate committees within 30 days after the date of the enact-
ment 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 Memo-
rial State and Local Law Enforcement Assistance Programs for
reimbursement to State and local law enforcement entities for secu-
rity and related costs, including overtime, associated with the 2004
Presidential Candidate Nominating Conventions, to remain avail-
able until September 30, 2005: Provided, That from funds provided
in this section the Office of Justice Programs shall make grants
in the amount of $25,000,000 to the City of Boston, Massachusetts;
and $25,000,000 to the City of New York, New York.
SEC. 11003. To ensure the continuity of Criminal Justice Act
(CJA) representations by panel attorneys, $26,000,000 is appro-
priated to the Judiciary, ‘‘Courts of Appeals, District Courts, and
Other Judicial Services, Defender Services’’, to remain available
until expended: Provided, That the entire amount shall become
available upon enactment of this Act: Provided further, That the
amounts made available in this section shall only be used for
CJA panel attorney representations.
SEC. 11004. Authorities contained in sections 402, 407, and
605 of division B of Public Law 108–199 shall also apply to amounts
provided in this title for the Department of State.
CHAPTER 2
BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
INTERNATIONAL DISASTER AND FAMINE ASSISTANCE
For an additional amount for ‘‘International Disaster and
Famine Assistance’’, $70,000,000, to remain available until
expended: Provided, That funds appropriated by this paragraph
shall be available to respond to the humanitarian crisis in the
Darfur region of Sudan and in Chad.
H. R. 4613—61
DEPARTMENT OF STATE
MIGRATION AND REFUGEE ASSISTANCE
For an additional amount for ‘‘Migration and Refugee Assist-
ance’’, $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, serv-
ices, waiver of charges otherwise payable by the United States,
and other items of value.
(c) Not later than 30 days before making a transfer under
the authority of this section, the President shall transmit a notifica-
tion of the proposed transfer to the Committees on Foreign Relations
and Armed Services of the Senate and the Committees on Inter-
national Relations and Armed Services of the House of Representa-
tives. 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’’.
H. R. 4613—63
SEC. 14003. (a) Public Law 108–199 is amended in division
F, title I, section 110(g) by striking ‘‘Of the’’ and inserting ‘‘Prior
to distributing’’; striking ‘‘each’’ every time it appears and inserting
‘‘the’’; striking ‘‘project’’ every time it appears and inserting
‘‘projects’’.
(b) The limitation under the heading ‘‘Federal-aid Highways
(Limitation on Obligations) (Highway Trust Fund)’’ in Public Law
108–199 is increased by such sums as may be necessary to ensure
that each State receives an amount of obligation authority equal
to what each State would have received under division F, title
I, section 110(a)(6) of Public Law 108–199 but for the amendment
made to division F, title I, section 110(g) of Public Law 108–
199 by subsection (a) of this section: Provided, That such additional
authority shall remain available during fiscal years 2004 and 2005:
Provided further, That for each State receiving an amount of obliga-
tion 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 appro-
priated to carry out part B of title VII of the Higher Education
Act of 1965, in title III of division E of the Consolidated Appropria-
tions 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 Appro-
priations Act, 2004, (Public Law 108–199, division E) is amended
by striking ‘‘Michigan Space and Science Center, Jackson, Michigan,
H. R. 4613—64
for development of the strategic plan, operational costs and per-
sonnel’’ and inserting ‘‘Jackson Intermediate School District, Jack-
son, Michigan, for equipment and materials for the Math and
Science Resource Library’’.
SEC. 14005. Of the unobligated amounts available for the Dis-
trict 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 pursu-
ant to section 301 of the Congressional Budget Act of 1974.
(b) ADJUSTMENTS AND LIMITS.—The following limits and adjust-
ments 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.
H. R. 4613—65
This Act may be cited as the ‘‘Department of Defense Appropria-
tions Act, 2005’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.