108TH CONGRESS
2D SESSION
H. R. 4613
AN ACT
Making appropriations for the Department of De-
fense for the fiscal year ending September 30,
2005, and for other purposes.
108TH CONGRESS
2D SESSION
H. R. 4613
AN ACT
Making appropriations for the Department of Defense for
the fiscal year ending September 30, 2005, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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 func-
tions 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 sta-
tion travel (including all expenses thereof for organiza-
tional movements), and expenses of temporary duty travel
between permanent duty stations, for members of the
Army on active duty, (except members of reserve compo-
nents 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 De-
partment 
of 
Defense 
Military 
Retirement 
Fund,
$29,507,672,000.
MILITARY PERSONNEL, NAVY
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of sta-
tion travel (including all expenses thereof for organiza-
tional movements), and expenses of temporary duty travel
between permanent duty stations, for members of the
Navy on active duty (except members of the Reserve pro-
vided 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 Depart-
ment 
of 
Defense 
Military 
Retirement 
Fund,
$24,416,157,000.
MILITARY PERSONNEL, MARINE CORPS
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of sta-
tion travel (including all expenses thereof for organiza-
tional movements), and expenses of temporary duty travel
between permanent duty stations, for members of the Ma-
rine Corps on active duty (except members of the Reserve
provided for elsewhere); and for payments pursuant to sec-
tion 156 of Public Law 97–377, as amended (42 U.S.C.
402 note), and to the Department of Defense Military Re-
tirement Fund, $9,591,102,000.
MILITARY PERSONNEL, AIR FORCE
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of sta-
tion travel (including all expenses thereof for organiza-
tional movements), and expenses of temporary duty travel
between permanent duty stations, for members of the Air
Force on active duty (except members of reserve compo-
nents 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 De-
partment 
of 
Defense 
Military 
Retirement 
Fund,
$24,291,411,000.
RESERVE PERSONNEL, ARMY
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army Re-
serve 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 au-
thorized by section 16131 of title 10, United States Code;
and for payments to the Department of Defense Military
Retirement Fund, $3,719,990,000.
RESERVE PERSONNEL, NAVY
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Navy Re-
serve 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 con-
nection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing re-
serve 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 Depart-
ment 
of 
Defense 
Military 
Retirement 
Fund,
$2,108,232,000.
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 under-
going reserve training, or while performing drills or equiv-
alent 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,
$653,073,000.
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 Na-
tional 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 pay-
ments to the Department of Defense Military Retirement
Fund, $5,915,229,000.
NATIONAL GUARD PERSONNEL, AIR FORCE
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air Na-
tional 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 under-
going 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,
$2,536,742,000.
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 author-
ized by law; and not to exceed $11,144,000 can be used
for emergencies and extraordinary expenses, to be ex-
pended 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,
$25,820,311,000: Provided, That of the funds appro-
priated in this paragraph, not less than $355,000,000
shall be made available only for conventional ammunition
care and maintenance: Provided further, That of funds
made available under this heading, $2,500,000 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 pur-
poses, $29,570,090,000.
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, $3,605,815,000.
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 ex-
pended on the approval or authority of the Secretary of
the Air Force, and payments may be made on his certifi-
cate of necessity for confidential military purposes,
$27,994,110,000: Provided, That notwithstanding any
other provision of law, that of the funds available under
this heading, $750,000 shall only be available to the Sec-
retary of the Air Force for a grant to Florida Memorial
College for the purpose of funding minority aviation train-
ing.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For expenses, not otherwise provided for, necessary
for the operation and maintenance of activities and agen-
cies of the Department of Defense (other than the military
departments), as authorized by law, $17,346,411,000, of
which not to exceed $25,000,000 may be available for the
Combatant Commander Initiative Fund; and of which not
to exceed $40,000,000 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, 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, Roar-
ing 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, $3,000,000 shall be
available only for a Washington-based internship and im-
mersion program to allow U.S. Asian-American Pacific Is-
lander undergraduate college and university students from
economically disadvantaged backgrounds to participate in
academic and educational programs in the Department of
Defense and related Federal defense agencies: Provided
further, That none of the funds appropriated or otherwise
made available by this Act may be used to plan or imple-
ment the consolidation of a budget or appropriations liai-
son 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 fur-
ther, 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 Sec-
retary to operation and maintenance appropriations or re-
search, development, test and evaluation appropriations,
to be merged with and to be available for the same time
period as the appropriations to which transferred: Pro-
vided 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 trans-
fer 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, or-
ganization, and administration, of the Army Reserve; re-
pair of facilities and equipment; hire of passenger motor
vehicles; travel and transportation; care of the dead; re-
cruiting; procurement of services, supplies, and equip-
ment; and communications, $1,976,128,000.
OPERATION AND MAINTENANCE, NAVY RESERVE
For expenses, not otherwise provided for, necessary
for the operation and maintenance, including training, or-
ganization, and administration, of the Navy Reserve; re-
pair of facilities and equipment; hire of passenger motor
vehicles; travel and transportation; care of the dead; re-
cruiting; procurement of services, supplies, and equip-
ment; and communications, $1,233,038,000.
OPERATION AND MAINTENANCE, MARINE CORPS
RESERVE
For expenses, not otherwise provided for, necessary
for the operation and maintenance, including training, or-
ganization, and administration, of the Marine Corps Re-
serve; repair of facilities and equipment; hire of passenger
motor vehicles; travel and transportation; care of the dead;
recruiting; procurement of services, supplies, and equip-
ment; 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, or-
ganization, and administration, of the Air Force Reserve;
repair of facilities and equipment; hire of passenger motor
vehicles; travel and transportation; care of the dead; re-
cruiting; procurement of services, supplies, and equip-
ment; and communications, $2,227,190,000.
OPERATION AND MAINTENANCE, ARMY NATIONAL
GUARD
For expenses of training, organizing, and admin-
istering the Army National Guard, including medical and
hospital treatment and related expenses in non-Federal
hospitals; maintenance, operation, and repairs to struc-
tures and facilities; hire of passenger motor vehicles; per-
sonnel services in the National Guard Bureau; travel ex-
penses (other than mileage), as authorized by law for
Army personnel on active duty, for Army National Guard
division, regimental, and battalion commanders while in-
specting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, Na-
tional Guard Bureau; supplying and equipping the Army
National Guard as authorized by law; and expenses of re-
pair, modification, maintenance, and issue of supplies and
equipment (including aircraft), $4,376,886,000.
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
For expenses of training, organizing, and admin-
istering the Air National Guard, including medical and
hospital treatment and related expenses in non-Federal
hospitals; maintenance, operation, and repairs to struc-
tures and facilities; transportation of things, hire of pas-
senger 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, $4,438,738,000.
OVERSEAS CONTINGENCY OPERATIONS TRANSFER
ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For expenses directly relating to Overseas Contin-
gency Operations by United States military forces,
$5,000,000, to remain available until expended: Provided,
That the Secretary of Defense may transfer these funds
only to military personnel accounts; operation and mainte-
nance accounts within this title; the Defense Health Pro-
gram appropriation; procurement accounts; research, de-
velopment, 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 appropria-
tion 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 Sec-
retary of the Army shall, upon determining that such
funds are required for environmental restoration, reduc-
tion 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.
and the land necessary therefor, for the foregoing pur-
poses, and such lands and interests therein, may be ac-
quired, and construction prosecuted thereon prior to ap-
proval of title; and procurement and installation of equip-
ment, 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, $1,608,302,000, to remain
available for obligation until September 30, 2007, of which
$215,900,000 shall be for the Army National Guard and
Army Reserve.
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; 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 Govern-
ment and contractor-owned equipment layaway; and other
expenses 
necessary 
for 
the 
foregoing 
purposes,
$4,868,371,000, to remain available for obligation until
September 30, 2007, of which $900,000,000 shall be for
the Army National Guard and Army Reserve.
AIRCRAFT PROCUREMENT, NAVY
For construction, procurement, production, modifica-
tion, and modernization of aircraft, equipment, including
ordnance, spare parts, and accessories therefor; specialized
equipment; expansion of public and private plants, includ-
ing the land necessary therefor, and such lands and inter-
ests 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 Govern-
ment 
and 
contractor-owned 
equipment 
layaway,
$8,841,824,000, to remain available for obligation until
September 30, 2007, of which $89,846,000 shall be for
the Navy Reserve and Marine Corps Reserve.
WEAPONS PROCUREMENT, NAVY
For construction, procurement, production, modifica-
tion, and modernization of missiles, torpedoes, other weap-
ons, 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 con-
struction 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, $1,993,754,000, to remain available for obliga-
tion until September 30, 2007.
PROCUREMENT OF AMMUNITION, NAVY AND MARINE
CORPS
For construction, procurement, production, and
modification of ammunition, and accessories therefor; spe-
cialized equipment and training devices; expansion of pub-
lic and private plants, including ammunition facilities au-
thorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing pur-
poses, and such lands and interests therein, may be ac-
quired, and construction prosecuted thereon prior to ap-
proval of title; and procurement and installation of equip-
ment, 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, $885,340,000, to remain avail-
able for obligation until September 30, 2007, of which
$27,130,000 shall be for the Navy Reserve and Marine
Corps Reserve.