Department of Defense Appropriations Act, 2005

Bill: 108-hr-4613
Sponsor: Rep. Lewis, Jerry [R-CA-41]
Introduced: 2004-06-18 in the House
Policy area: Armed Forces and National Security
Subjects: AIDS (Disease)
Accounting
Administrative fees
Afghanistan
Africa
Africa (Sub-Saharan)
Agriculture and Food
Air force
Alaska
Alien labor
American Samoa
Ammunition
Appellate courts
Appropriations
Armed forces abroad
Armed forces reserves
Arms control
Arms sales
Army
Army Corps of Engineers
Arts, Culture, Religion
Ballistic missile defenses
Ballistic missiles
Beer
Blind
Building construction
Buy American
Central Asia
Central Intelligence Agency
Charitable contributions
Chemical warfare
Civil Rights and Liberties, Minority Issues
Civil service retirement
Classified defense information
Clothing
Coal
Coast guard
Combat vehicles
Commerce
Competitive bidding
Conflict of interests
Congress
Congress and military policy
Congressional oversight
Congressional reporting requirements
Construction costs
Consultants
Consumer discounts
Conventional weapons
Corporate reorganizations
Cost effectiveness
Counterintelligence
Courts-martial and courts of inquiry
Covert operations
Crime and Law Enforcement
Criminal investigation
Criminal justice information
Defense budgets
Defense contracts
Defense industries
Defense procurement
Dental care
Department of Defense
Department of Homeland Security
Department of Justice
Department of State
Department of Veterans Affairs
Diesel motor
Disabled
Disaster relief
Distance education
Drug abuse
Drug abuse prevention
Drug law enforcement
East Asia
Economic assistance
Economics and Public Finance
Education
Education of the disadvantaged
Educational facilities
Elementary and secondary education
Emergency Management
Employee health benefits
Employment of the disabled
Energy
Energy conservation
Environmental Protection
Europe
Export finance
Families
Federal aid to education
Federal aid to research
Federal employees
Federal office buildings
Federally-guaranteed loans
Fighter aircraft
Finance and Financial Sector
Fishing boats
Flight training
Florida
Foreign Trade and International Finance
Foreign exchange
Former Soviet states
Fraud
Fringe benefits
Genetics
Germany
Government Operations and Politics
Government contractors
Government internships
Government liability
Government liability (International law)
Government service contracts
Government travel
Government trust funds
Governmental investigations
Guam
Guided missiles
Hawaii
Hawaiians
Hazardous wastes
Health
Health education
Heating
Higher education
Hospital care
Housing and Community Development
Human immunodeficiency viruses
Human rights
Illinois
Immigration
Impact aid
Indian economic development
Indian housing
Indian lands
Indian medical care
Information technology
Inspectors general
Intelligence community staff
Intelligence officers
International Affairs
International claims
International military forces
International propaganda
International relief
Inventories
Iraq
Iraq compilation
Iron and steel industry
Israel
Japan
Kentucky
Kuwait
Labeling
Labor and Employment
Land transfers
Law
Leases
Liability for environmental damages
Lobbying
Maintenance and repair
Managed care
Management information systems
Marine and coastal resources, fisheries
Marine safety
Marines
Marshall Islands
Medical education
Medical ethics
Medical personnel
Medical research
Medical supplies
Mental health services
Merchant marine
Micronesia
Middle East and North Africa
Military agreements
Military aircraft
Military airlift
Military and naval supplies
Military assistance
Military aviation
Military bases
Military civic action
Military construction operations
Military dependents
Military education
Military hospitals
Military housing
Military intelligence
Military law
Military medicine
Military occupation
Military operations
Military pay
Military pensions
Military personnel
Military readiness
Military research
Military sealift
Military technology
Military training
Military transportation
Military vehicles
Military weapons
Minnesota
Minorities
Minority business enterprises
Minority education
Montana
Morale
Museums
NATO countries
NATO military forces
National Guard
Native Americans
Navy
New products
Nonprofit organizations
North Dakota
North Korea
Northern Mariana Islands
Nuclear nonproliferation
Nuclear reactors
Nuclear security measures
Nuclear weapons
Oceania
Oceanographic research
Ordnance
Pacific Islanders
Palau Islands
Peacekeeping forces
Pennsylvania
Preventive medicine
Privatization
Public Lands and Natural Resources
Railroad engineering
Recruiting and enlistment
Recycling of waste products
Relocation
Reprogramming of appropriated funds
Rescission of appropriated funds
Research and development
Research and development facilities
Revolving funds
Rockets (Aeronautics)
Rockets (Ordnance)
Russia
Salaries

Summary:
action_date: 2004-06-18
text: 
Department of Defense Appropriations Act, 2005 - Appropriates funds for FY 2005 for the Department of Defense (DOD) for: (1) military personnel; (2) operation and maintenance (including for the Overseas Contingency Operations Transfer Account, the United States Court of Appeals for the Armed Forces, environmental restoration, overseas humanitarian, disaster, and civic aid, and former Soviet Union threat reduction); (3) procurement (including for shipbuilding and conversion, and purchases under the Defense Production Act of 1950); (4) research, development, test and evaluation; (5) revolving and management funds; (6) the Defense Health Program; (7) chemical agents and munitions destruction; (8) drug interdiction and counter-drug activities; (9) the Office of the Inspector General; (10) the Central Intelligence Agency Retirement and Disability System Fund; (11) the Intelligence Community Management Account; and (12) the National Security Education Trust Fund.
 
Specifies authorized, restricted, and prohibited uses of appropriated funds.
 
Rescinds specified funds from various accounts under prior defense appropriations Acts.
 
Reduces by specified amounts the total amount appropriated in this Act to: (1) reflect savings attributable to efficiencies and management improvements in the funding of miscellaneous or other contracts in military departments; (2) reduce cost growth in information technology development and modernization; (3) reflect cash balance and rate stabilization adjustments in DOD Working Capital Funds and the DOD Transportation Working Capital Fund; (4) reflect savings from revised economic assumptions; (5) reflect savings attributable to the offsetting of payments to contractors for the collection of unpaid taxes owed to the United States; and (6) reduce amounts budgeted in anticipation of the application of non-statutory funding set-asides.
 
Appropriates additional funds, to be designated for overseas contingency operations, for DOD for: (1) military personnel; (2) operation and maintenance; (3) the Iraq Freedom Fund; (4) procurement (including National Guard and reserve equipment); (5) revolving and management funds; and (6) the Defense Health Program. Appropriates additional funds, with the same designation, for the Department of State for diplomatic and consular programs, embassy security, international disaster and famine assistance, and migration and refugee assistance.
 
Authorizes the use of DOD funds for specified activities in Iraq and Afghanistan, including supporting U.S. military and security forces, combating terrorism, and providing humanitarian and reconstruction assistance.
 
Reaffirms U.S. policy against the torture of prisoners of war and detainees.

action_date: 2004-06-18
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

 
Department of Defense Appropriations Act, 2005 - 
Title I: Military Personnel - 
 Appropriates funds for FY 2005 for active-duty and reserve personnel in the Army, Navy, Marine Corps, and Air Force and for National Guard personnel in the Army and Air Force.
 

Title II: Operation and Maintenance - 
 Appropriates funds for FY 2005 for operation and maintenance (O&M) of the Army, Navy, Marine Corps, and Air Force, the defense agencies, the reserve components, and the Army and Air National Guards. Appropriates funds for: (1) the Overseas Contingency Operations Transfer Account; (2) the United States Court of Appeals for the Armed Forces; (3) environmental restoration for the Army, Navy, Air Force, and defense-wide; (4) environmental restoration at formerly used defense sites; (5) overseas humanitarian, disaster, and civic aid; and (6) former Soviet Union threat reduction.
 

Title III: Procurement - 
 Appropriates funds for FY 2005 for procurement by the Armed Forces and reserve components of aircraft, missiles, weapons, tracked combat vehicles, ammunition, shipbuilding and conversion, and other procurement. Appropriates funds for: (1) defense-wide procurement; and (2) certain procurements under the Defense Production Act of 1950.
 

Title IV: Research, Development, Test and Evaluation - 
 Appropriates funds for FY 2005 for research, development, test and evaluation (RDT&E) by the Armed Forces and defense agencies. Appropriates funds for the Director of Operational Test and Evaluation.
 

Title V: Revolving and Management Funds - 
 Appropriates funds for the Defense Working Capital funds and programs under the National Defense Sealift Fund.
 

Title VI: Other Department of Defense Programs - 
 Appropriates funds for: (1) Department of Defense (DOD) medical and health care programs; (2) the destruction of lethal chemical agents and munitions; (3) drug interdiction and counter-drug activities, defense; and (4) the Office of the Inspector General.
 

Title VII: Related Agencies - 
 Appropriates funds for: (1) the Central Intelligence Agency Retirement and Disability System Fund; (2) the Intelligence Community Management Account; and (3) national security scholarships, fellowships, and grants (using funds derived from the National Security Education Trust Fund).
 

Title VIII: General Provisions - 
Specifies authorized, restricted, and prohibited uses of appropriated funds.
 
(Sec. 8008) Authorizes procurement funds to be used for a multiyear procurement contract for the Lightweight 155mm Howitzer.
 
(Sec. 8010) Prohibits during FY 2005 the management by end strengths of DOD civilian personnel.
 
(Sec. 8011) Prohibits the use of funds from this Act to initiate a new installation overseas without a 30-day advance notification to the congressional appropriations committees.
 
(Sec. 8018) Authorizes the Secretary of Defense (Secretary) to establish, with host governments of NATO-member countries, an account for the deposit of residual amounts negotiated in the return of U.S. military installations to such countries.
 
(Sec. 8026) Authorizes DOD to incur obligations of up to $350 million for DOD military compensation, military construction projects, and supplies and services in anticipation of receipts of contributions from the Government of Kuwait.
 
(Sec. 8028) Prohibits the use of funds from this Act to establish a new federally funded research and development center (FFRDC). Limits the Federal compensation to be paid to FFRDC members or consultants. Prohibits the use of FY 2005 FFRDC funds for new building construction, cost-sharing payments for projects funded by Government grants, absorption of cost overruns, or certain charitable contributions. Limits the staff years of technical effort that may be funded for FFRDCs from FY 2005 funds. Reduces by $40 million the total amount appropriated in this Act for FFRDCs.
 
(Sec. 8029) Provides Buy American requirements with respect to the DOD procurement of carbon, alloy, or armor steel plating.
 
(Sec. 8032) Requires the Secretary to report to Congress on the amount of DOD purchases from foreign entities in FY 2005.
 
(Sec. 8035) Directs the President to include within each fiscal year budget the amounts requested for administrative activities of DOD, the military departments, and the defense agencies.
 
(Sec. 8038) Authorizes the Secretary of the Air Force to convey to Indian tribes located in North Dakota, South Dakota, Montana, and Minnesota relocatable military housing units currently located at Grand Forks and Minot Air Force Bases that are excess to the needs of the Air Force. Requires the Operation Walking Shield Program to resolve any housing unit conflicts arising after such conveyance.
 
(Sec. 8043) Earmarks funds appropriated under this Act for the mitigation of adverse environmental impacts on Indian lands resulting from DOD activities.
 
(Sec. 8044) Prohibits the use of funds: (1) by a DOD entity without compliance with the Buy American Act; (2) to establish additional field operating agencies of DOD elements, except for those funded within the National Foreign Intelligence Program; (3) for assistance to the Democratic People's Republic of Korea, unless specifically appropriated for such purpose; and (4) to reduce the civilian medical and medical support personnel assigned to military treatment facilities below the September 30, 2004, level.
 
(Sec. 8047) Authorizes the Secretary of the Navy to lease real and personal property at the Adak Naval Air Facility, Alaska.
 
(Sec. 8048) Rescinds specified funds from various accounts under prior defense appropriations Acts.
 
(Sec. 8055) Prohibits the transfer to any other department or agency, except as specifically provided in an appropriations law, of funds available to the Central Intelligence Agency for drug interdiction and counter-drug activities.
 
(Sec. 8062) Prohibits current fiscal year DOD funds from being obligated or expended to transfer to another nation or international organization defense articles or services for use in any United Nations (UN) peacekeeping or peace enforcement operation, or for any other international peacekeeping, peace enforcement, or humanitarian assistance operation, unless specified congressional committees are given 15 days' advance notice.
 
(Sec. 8063) Authorizes the Secretary, to the extent authorized by law, to issue loan guarantees in support of U.S. defense exports not otherwise provided for, with a contingent liability limit of $15 billion. Requires quarterly reports to specified congressional committees.
 
(Sec. 8071) Prohibits the use of appropriated funds for approving the license or sale of the F-22 advanced tactical fighter to any foreign government.
 
(Sec. 8072) Authorizes the Secretary, on a case-by-case basis, to waive limitations on the procurement of defense items from a foreign country if: (1) the Secretary determines that such limitations would invalidate cooperative or reciprocal trade agreements for the procurement of defense items; and (2) such country does not discriminate against the same or similar defense items procured in the United States for that country. Provides exceptions.
 
(Sec. 8073) Prohibits the use of appropriated funds to support a unit of the security forces of a foreign country if credible information exists that such unit has committed a gross violation of human rights, unless all necessary corrective steps have been taken. Requires the monitoring of such information. Authorizes the Secretary to waive such prohibition under extraordinary circumstances (requiring a report to the defense committees on any such waiver).
 
(Sec. 8074) Authorizes the Secretary to carry out a program to distribute surplus DOD dental equipment to Indian health service facilities and federally-qualified health centers.
 
(Sec. 8079) Provides for the crediting during the current fiscal year of certain refunds attributable to the use of Government travel or purchase cards or refunds for travel arranged by a Government-contracted travel management center.
 
(Sec. 8080) Prohibits appropriated funds from being used for a mission critical or mission essential financial management information technology system that is not registered with the DOD Chief Information Officer. Prohibits such a system from receiving a Milestone A or B approval, or full rate production approval, until the Chief Information Officer certifies to the defense committees that the system is being developed in accordance with the Clinger-Cohen Act of 1996.
 
(Sec. 8082) Prohibits appropriated funds from being used to transfer to any nongovernmental entity specified armor-piercing ammunition, except to an entity performing demilitarization services for DOD.
 
(Sec. 8083) Authorizes the Chief of the National Guard Bureau to waive payment for the lease of non-excess DOD personal property to certain youth, social, or fraternal nonprofit organizations.
 
(Sec. 8089) Reduces by $300 million the total amount of O&M funds appropriated in this Act, to reflect savings attributable to efficiencies and management improvements in the funding of miscellaneous or other contracts in the military departments.
 
(Sec. 8090) Earmarks specified RDT&E funds for producing Arrow missile components in the United States and Arrow missile components and missiles in Israel to meet Israel's defense requirements.
 
(Sec. 8092) Makes Navy shipbuilding and conversion funds available to fund prior-year shipbuilding cost increases, allocating such funds among specified naval accounts.
 
(Sec. 8093) Authorizes the Secretary of the Navy to settle any and all admiralty claims arising out of the collision involving the U.S.S. GREENEVILLE and the EHIME MARU.
 
(Sec. 8096) Reduces the total amount appropriated in this Act for: (1) RDT&E by $270 million, to reduce cost growth in information technology development and modernization; and (2) O&M by $316 million, to reflect cash balance and rate stabilization adjustments in DOD Working Capital Funds.
 
(Sec. 8099) Appropriates funds for a grant by the Secretary of the Army to facilitate access by veterans to opportunities for skilled employment in the construction industry.
 
(Sec. 8100) Directs: (1) DOD and the Army to make future budgetary and programming plans to fully finance the Non-Line of Sight Objective Force cannon and resupply vehicle program in order to field such system in FY 2010; and (2) the Army to ensure that budgetary and programmatic plans will provide for no fewer than seven Stryker Brigade Combat Teams to be fielded no later than FY 2009.
 
(Sec. 8101) Appropriates funds to DOD for three specified grants by the Secretary.
 
(Sec. 8104) Requires the FY 2006 defense budget to include separate budget justification documents for costs of U.S. Armed Forces' participation in contingency operations for the military personnel, O&M, and procurement accounts.
 
(Sec. 8105) Prohibits funds from being used for RDT&E, procurement, or deployment of nuclear armed interceptors of a missile defense system.
 
(Sec. 8106) Earmarks O&M funds for the Regional Defense Counter-terrorism Fellowship Program.
 
(Sec. 8108) Directs the Secretary of Agriculture to convey to the Inland Valley Development Agency a specified portion of the former Norton Air Force Base, California, in exchange for the use of certain property adjacent to the San Bernardino International Airport in California for aeronautical purposes in furtherance of wildfire prevention and containment. Directs the Secretary of the Air Force to convey to such Agency certain parcels of property located adjacent to such former Base, to be held in trust for the San Manuel Band of Mission Indians.
 
(Sec. 8109) Reduces by: (1) $345 million the total amount of procurement and RDT&E funds appropriated in this Act, to reflect savings from revised economic assumptions; and (2) $967.2 million the total amount of Air Force O&M funds, to reflect cash balance and rate stabilization adjustments in the DOD Transportation Working Capital Fund (the latter with an equivalent offset).
 
(Sec. 8111) Prohibits the availability of funds from this Act for integration of foreign intelligence information unless such information has been lawfully collected and processed during the conduct of authorized foreign intelligence activities.
 
(Sec. 8113) Allows the use of funds from this Act for the purchase of heavy and light armored vehicles for force protection purposes, notwithstanding price or other limitations normally applicable to the purchase of passenger vehicles. Requires the Secretary to report to the defense committees identifying such purchases.
 
(Sec. 8116) Authorizes the Secretary of the Army to convey to the city of Wooster, Ohio, the former Army Reserve Training Center in Wooster.
 
(Sec. 8117) Requires Ready Reserve members who are called or ordered to active duty in time of national emergency to be notified of their expected mobilization period at the time they are called or ordered. Allows the Secretary to waive such requirement in order to respond to a national security emergency or meet dire operational requirements.
 
(Sec. 8119) Reduces the total amount appropriated for: (1) O&M by $100 million, to reflect savings attributable to the offsetting of payments to contractors for the collection of unpaid taxes; and (2) RDT&E by $685 million, to decrease amounts budgeted in anticipation of the application of non-statutory funding set-asides.
 
(Sec. 8121) Appropriates funds to the Tanker Replacement Transfer Fund, as hereby established in the Treasury, for proceeding with a KC-767 tanker acquisition program.
 

Title IX: Additional Appropriations - Chapter 1: Department of Defense - Military - 
Appropriates additional funds, to be designated for overseas contingency operations, to DOD for: (1) military personnel; (2) O&M; (3) the Iraq Freedom Fund; (4) procurement (including National Guard and reserve equipment); (5) Defense Working Capital Funds; and (6) the Defense Health Program.
 

Chapter 2: Department of State - 
Appropriates additional funds, with the same designation, to the State Department for: (1) diplomatic and consular programs; and (2) embassy security, construction, and maintenance.
 

Chapter 3: Bilateral Economic Assistance - 
Appropriates additional funds, with the same designation, for: (1) international disaster and famine assistance; and (2) migration and refugee assistance.
 

General Provisions, Title IX - 
(Sec. 9003) Authorizes the Secretary, in the national interest, to transfer between appropriations up to $2 billion of the funds made available to DOD in this title. Requires congressional notification of each transfer.
 
Amends the Department of Defense Appropriations Act, 2004 to increase from $2.1 billion to $3 billion the amount of DOD working capital or military functions funds that the Secretary may transfer between such funds.
 
(Sec. 9007) Extends through FY 2004 the current rates of pay authorized for: (1) duty subject to hostile fire or imminent danger; and (2) the family separation allowance.
 
(Sec. 9008) Authorizes the Secretary to use O&M funds appropriated in this title to train, equip, and provide related assistance to military or security forces in Iraq and Afghanistan, to enhance their capability to combat terrorism, and to support U.S. military operations there.
 
(Sec. 9009) Authorizes the use of DOD O&M funds appropriated in this title to fund the Commander's Response Program (urgent humanitarian relief and reconstruction in Iraq and Afghanistan).
 
(Sec. 9010) Amends the Afghanistan Freedom Support Act of 2002 to increase the amount authorized for military assistance for Afghanistan and certain other foreign countries and international organizations.
 
(Sec. 9011) Allows DOD O&M funds appropriated in this title to be used to provide supplies, services, transportation, and other logistical support to coalition forces supporting military and stability operations in Iraq and Afghanistan.
 
(Sec. 9012) Requires semiannual reports from the Secretary to Congress on U.S. military operations and DOD reconstruction activities in Iraq and Afghanistan.
 
(Sec. 9014) Reaffirms U.S. policy against the torture of prisoners of war and detainees.
 
(Sec. 9015) Requires the President to report to Congress detailing the estimated costs during FY 2006-2011 of Operations Iraqi Freedom and 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 such countries. Authorizes the waiver of such requirement for purposes of national security.

action_date: 2004-06-22
text: 
Department of Defense Appropriations Act, 2005 - 
Title I: Military Personnel - 
 Appropriates funds for FY 2005 for active-duty and reserve personnel in the Army, Navy, Marine Corps, and Air Force and for National Guard personnel in the Army and Air Force.
 

Title II: Operation and Maintenance - 
 Appropriates funds for FY 2005 for operation and maintenance (O&M) of the Army, Navy, Marine Corps, and Air Force, the defense agencies, the reserve components, and the Army and Air National Guards. Appropriates funds for: (1) the Overseas Contingency Operations Transfer Account; (2) the United States Court of Appeals for the Armed Forces; (3) environmental restoration for the Army, Navy, Air Force, and defense-wide; (4) environmental restoration at formerly used defense sites; (5) overseas humanitarian, disaster, and civic aid; and (6) former Soviet Union threat reduction.
 

Title III: Procurement - 
 Appropriates funds for FY 2005 for procurement by the Armed Forces and reserve components of aircraft, missiles, weapons, tracked combat vehicles, ammunition, shipbuilding and conversion, and other procurement. Appropriates funds for: (1) defense-wide procurement; and (2) certain procurements under the Defense Production Act of 1950.
 

Title IV: Research, Development, Test and Evaluation - 
 Appropriates funds for FY 2005 for research, development, test and evaluation (RDT&E) by the Armed Forces and defense agencies. Appropriates funds for the Director of Operational Test and Evaluation.
 

Title V: Revolving and Management Funds - 
 Appropriates funds for the Defense Working Capital funds and programs under the National Defense Sealift Fund.
 

Title VI: Other Department of Defense Programs - 
 Appropriates funds for: (1) Department of Defense (DOD) medical and health care programs; (2) the destruction of lethal chemical agents and munitions; (3) drug interdiction and counter-drug activities, defense; and (4) the Office of the Inspector General.
 

Title VII: Related Agencies - 
 Appropriates funds for: (1) the Central Intelligence Agency Retirement and Disability System Fund; (2) the Intelligence Community Management Account; and (3) national security scholarships, fellowships, and grants (using funds derived from the National Security Education Trust Fund).
 

Title VIII: General Provisions - 
Specifies authorized, restricted, and prohibited uses of appropriated funds.
 
(Sec. 8008) Authorizes procurement funds to be used for a multiyear procurement contract for the Lightweight 155mm Howitzer.
 
(Sec. 8010) Prohibits during FY 2005 the management by end strengths of DOD civilian personnel.
 
(Sec. 8011) Prohibits the use of funds from this Act to initiate a new installation overseas without a 30-day advance notification to the congressional appropriations committees.
 
(Sec. 8018) Authorizes the Secretary of Defense (Secretary) to establish, with host governments of NATO-member countries, an account for the deposit of residual amounts negotiated in the return of U.S. military installations to such countries.
 
(Sec. 8026) Authorizes DOD to incur obligations of up to $350 million for DOD military compensation, military construction projects, and supplies and services in anticipation of receipts of contributions from the Government of Kuwait.
 
(Sec. 8028) Prohibits the use of funds from this Act to establish a new federally funded research and development center (FFRDC). Limits the Federal compensation to be paid to FFRDC members or consultants. Prohibits the use of FY 2005 FFRDC funds for new building construction, cost-sharing payments for projects funded by Government grants, absorption of cost overruns, or certain charitable contributions. Limits the staff years of technical effort that may be funded for FFRDCs from FY 2005 funds. Reduces by $40 million the total amount appropriated in this Act for FFRDCs.
 
(Sec. 8029) Provides Buy American requirements with respect to the DOD procurement of carbon, alloy, or armor steel plating.
 
(Sec. 8032) Requires the Secretary to report to Congress on the amount of DOD purchases from foreign entities in FY 2005.
 
(Sec. 8035) Directs the President to include within each fiscal year budget the amounts requested for administrative activities of DOD, the military departments, and the defense agencies.
 
(Sec. 8038) Authorizes the Secretary of the Air Force to convey to Indian tribes located in North Dakota, South Dakota, Montana, and Minnesota relocatable military housing units currently located at Grand Forks and Minot Air Force Bases that are excess to the needs of the Air Force. Requires the Operation Walking Shield Program to resolve any housing unit conflicts arising after such conveyance.
 
(Sec. 8043) Earmarks funds appropriated under this Act for the mitigation of adverse environmental impacts on Indian lands resulting from DOD activities.
 
(Sec. 8044) Prohibits the use of funds: (1) by a DOD entity without compliance with the Buy American Act; (2) to establish additional field operating agencies of DOD elements, except for those funded within the National Foreign Intelligence Program; (3) for assistance to the Democratic People's Republic of Korea, unless specifically appropriated for such purpose; and (4) to reduce the civilian medical and medical support personnel assigned to military treatment facilities below the September 30, 2004, level.
 
(Sec. 8047) Authorizes the Secretary of the Navy to lease real and personal property at the Adak Naval Air Facility, Alaska.
 
(Sec. 8048) Rescinds specified funds from various accounts under prior defense appropriations Acts.
 
(Sec. 8055) Prohibits the transfer to any other department or agency, except as specifically provided in an appropriations law, of funds available to the Central Intelligence Agency for drug interdiction and counter-drug activities.
 
(Sec. 8062) Prohibits current fiscal year DOD funds from being obligated or expended to transfer to another nation or international organization defense articles or services for use in any United Nations (UN) peacekeeping or peace enforcement operation, or for any other international peacekeeping, peace enforcement, or humanitarian assistance operation, unless specified congressional committees are given 15 days' advance notice.
 
(Sec. 8063) Authorizes the Secretary, to the extent authorized by law, to issue loan guarantees in support of U.S. defense exports not otherwise provided for, with a contingent liability limit of $15 billion. Requires quarterly reports to specified congressional committees.
 
(Sec. 8071) Prohibits the use of appropriated funds for approving the license or sale of the F-22 advanced tactical fighter to any foreign government.
 
(Sec. 8072) Authorizes the Secretary, on a case-by-case basis, to waive limitations on the procurement of defense items from a foreign country if: (1) the Secretary determines that such limitations would invalidate cooperative or reciprocal trade agreements for the procurement of defense items; and (2) such country does not discriminate against the same or similar defense items procured in the United States for that country. Provides exceptions.
 
(Sec. 8073) Prohibits the use of appropriated funds to support a unit of the security forces of a foreign country if credible information exists that such unit has committed a gross violation of human rights, unless all necessary corrective steps have been taken. Requires the monitoring of such information. Authorizes the Secretary to waive such prohibition under extraordinary circumstances (requiring a report to the defense committees on any such waiver).
 
(Sec. 8074) Authorizes the Secretary to carry out a program to distribute surplus DOD dental equipment to Indian health service facilities and federally-qualified health centers.
 
(Sec. 8079) Provides for the crediting during the current fiscal year of certain refunds attributable to the use of Government travel or purchase cards or refunds for travel arranged by a Government-contracted travel management center.
 
(Sec. 8080) Prohibits appropriated funds from being used for a mission critical or mission essential financial management information technology system that is not registered with the DOD Chief Information Officer. Prohibits such a system from receiving a Milestone A or B approval, or full rate production approval, until the Chief Information Officer certifies to the defense committees that the system is being developed in accordance with the Clinger-Cohen Act of 1996.
 
(Sec. 8082) Prohibits appropriated funds from being used to transfer to any nongovernmental entity specified armor-piercing ammunition, except to an entity performing demilitarization services for DOD.
 
(Sec. 8083) Authorizes the Chief of the National Guard Bureau to waive payment for the lease of non-excess DOD personal property to certain youth, social, or fraternal nonprofit organizations.
 
(Sec. 8089) Reduces by $300 million the total amount of O&M funds appropriated in this Act, to reflect savings attributable to efficiencies and management improvements in the funding of miscellaneous or other contracts in the military departments.
 
(Sec. 8090) Earmarks specified RDT&E funds for producing Arrow missile components in the United States and Arrow missile components and missiles in Israel to meet Israel's defense requirements.
 
(Sec. 8092) Makes Navy shipbuilding and conversion funds available to fund prior-year shipbuilding cost increases, allocating such funds among specified naval accounts.
 
(Sec. 8093) Authorizes the Secretary of the Navy to settle any and all admiralty claims arising out of the collision involving the U.S.S. GREENEVILLE and the EHIME MARU.
 
(Sec. 8096) Reduces the total amount appropriated in this Act for: (1) RDT&E by $270 million, to reduce cost growth in information technology development and modernization; and (2) O&M by $316 million, to reflect cash balance and rate stabilization adjustments in DOD Working Capital Funds.
 
(Sec. 8099) Appropriates funds for a grant by the Secretary of the Army to facilitate access by veterans to opportunities for skilled employment in the construction industry.
 
(Sec. 8100) Directs: (1) DOD and the Army to make future budgetary and programming plans to fully finance the Non-Line of Sight Objective Force cannon and resupply vehicle program in order to field such system in FY 2010; and (2) the Army to ensure that budgetary and programmatic plans will provide for no fewer than seven Stryker Brigade Combat Teams to be fielded no later than FY 2009.
 
(Sec. 8101) Appropriates funds to DOD for three specified grants by the Secretary.
 
(Sec. 8104) Requires the FY 2006 defense budget to include separate budget justification documents for costs of U.S. Armed Forces' participation in contingency operations for the military personnel, O&M, and procurement accounts.
 
(Sec. 8105) Prohibits funds from being used for RDT&E, procurement, or deployment of nuclear armed interceptors of a missile defense system.
 
(Sec. 8106) Earmarks O&M funds for the Regional Defense Counter-terrorism Fellowship Program.
 
(Sec. 8108) Directs the Secretary of Agriculture to convey to the Inland Valley Development Agency a specified portion of the former Norton Air Force Base, California, in exchange for the use of certain property adjacent to the San Bernardino International Airport in California for aeronautical purposes in furtherance of wildfire prevention and containment. Directs the Secretary of the Air Force to convey to such Agency certain parcels of property located adjacent to such former Base, to be held in trust for the San Manuel Band of Mission Indians.
 
(Sec. 8109) Reduces by: (1) $345 million the total amount of procurement and RDT&E funds appropriated in this Act, to reflect savings from revised economic assumptions; and (2) $967.2 million the total amount of Air Force O&M funds, to reflect cash balance and rate stabilization adjustments in the DOD Transportation Working Capital Fund (the latter with an equivalent offset).
 
(Sec. 8111) Prohibits the availability of funds from this Act for integration of foreign intelligence information unless such information has been lawfully collected and processed during the conduct of authorized foreign intelligence activities.
 
(Sec. 8113) Allows the use of funds from this Act for the purchase of heavy and light armored vehicles for force protection purposes, notwithstanding price or other limitations normally applicable to the purchase of passenger vehicles. Requires the Secretary to report to the defense committees identifying such purchases.
 
(Sec. 8116) Authorizes the Secretary of the Army to convey to the city of Wooster, Ohio, the former Army Reserve Training Center in Wooster.
 
(Sec. 8117) Requires Ready Reserve members who are called or ordered to active duty in time of national emergency to be notified of their expected mobilization period at the time they are called or ordered. Allows the Secretary to waive such requirement in order to respond to a national security emergency or meet dire operational requirements.
 
(Sec. 8119) Reduces the total amount appropriated for: (1) O&M by $100 million, to reflect savings attributable to the offsetting of payments to contractors for the collection of unpaid taxes; and (2) RDT&E by $685 million, to decrease amounts budgeted in anticipation of the application of non-statutory funding set-asides.
 
(Sec. 8121) Appropriates funds to the Tanker Replacement Transfer Fund, as hereby established in the Treasury, for proceeding with a KC-767 tanker acquisition program.
 
(Sec. 8123) Directs the Secretary to report to the defense committees addressing how DOD is improving the dud rate of cluster munitions to meet existing DOD policies.
 

Title IX: Additional Appropriations - Chapter 1: Department of Defense - Military - 
Appropriates additional funds, to be designated for overseas contingency operations, to DOD for: (1) military personnel; (2) O&M; (3) the Iraq Freedom Fund; (4) procurement (including National Guard and reserve equipment); (5) Defense Working Capital Funds; and (6) the Defense Health Program.
 

Chapter 2: Department of State - 
Appropriates additional funds, with the same designation, to the State Department for: (1) diplomatic and consular programs; and (2) embassy security, construction, and maintenance.
 

Chapter 3: Bilateral Economic Assistance - 
Appropriates additional funds, with the same designation, for: (1) international disaster and famine assistance; and (2) migration and refugee assistance.
 

General Provisions, Title IX - 
(Sec. 9003) Authorizes the Secretary, in the national interest, to transfer between appropriations up to $2 billion of the funds made available to DOD in this title. Requires congressional notification of each transfer.
 
Amends the Department of Defense Appropriations Act, 2004 to increase from $2.1 billion to $3 billion the amount of DOD working capital or military functions funds that the Secretary may transfer between such funds.
 
(Sec. 9007) Extends through FY 2004 the current rates of pay authorized for: (1) duty subject to hostile fire or imminent danger; and (2) the family separation allowance.
 
(Sec. 9008) Authorizes the Secretary to use O&M funds appropriated in this title to train, equip, and provide related assistance to military or security forces in Iraq and Afghanistan, to enhance their capability to combat terrorism, and to support U.S. military operations there.
 
(Sec. 9009) Authorizes the use of DOD O&M funds appropriated in this title to fund the Commander's Response Program (urgent humanitarian relief and reconstruction in Iraq and Afghanistan).
 
(Sec. 9010) Amends the Afghanistan Freedom Support Act of 2002 to increase the amount authorized for military assistance for Afghanistan and certain other foreign countries and international organizations.
 
(Sec. 9011) Allows DOD O&M funds appropriated in this title to be used to provide supplies, services, transportation, and other logistical support to coalition forces supporting military and stability operations in Iraq and Afghanistan.
 
(Sec. 9012) Requires semiannual reports from the Secretary to Congress on U.S. military operations and DOD reconstruction activities in Iraq and Afghanistan.
 
(Sec. 9014) Reaffirms U.S. policy against the torture of prisoners of war and detainees.
 
(Sec. 9015) Requires the President to report to Congress detailing the estimated costs during FY 2006-2011 of Operations Iraqi Freedom and 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 such countries. Authorizes the waiver of such requirement for purposes of national security.
 
(Sec. 9016) Requires the U.S. Government to take all necessary steps to guarantee full faith and credit with respect to the issuance of obligations (public debt) whose principal and interest are guaranteed by the Government.
 
(Sec. 9017) Directs the Secretary, with funds made available to DOD under Chapter 1 of this title, to provide to Congress a list of all contracts entered into by DOD for the provision of security, translation, and interrogation services in Iraq, Afghanistan, or Guantanamo Bay, and the amount of each contract.
 
(Sec. 9018) Prohibits funds made available in Chapter 1 of this title from being used in contravention of provisions of the Small Business Act which require a Federal contract bidder to include in such bid a plan which utilizes, to the fullest extent possible, certain small businesses as subcontractors.

action_date: 2004-06-24
text: 
Department of Defense Appropriations Act, 2005 - 
Title I: Military Personnel - 
Appropriates funds for FY 2005 for active-duty and reserve personnel in the Army, Navy, Marine Corps, and Air Force and for National Guard personnel in the Army and Air Force.
 

Title II: Operation and Maintenance - 
Appropriates funds for FY 2005 for operation and maintenance (O&M) of the Army, Navy, Marine Corps, and Air Force, the defense agencies, the reserve components, and the Army and Air National Guards. Appropriates funds for: (1) overseas contingency operations; (2) the United States Court of Appeals for the Armed Forces; (3) environmental restoration for the Army, Navy, and Air Force and defense-wide; (4) environmental restoration at formerly used defense sites; (5) overseas humanitarian, disaster, and civic aid; and (6) former Soviet Union threat reduction.
 

Title III: Procurement - 
Appropriates funds for FY 2005 for procurement by the Armed Forces and reserve components of aircraft, missiles, weapons, tracked combat vehicles, ammunition, and shipbuilding and conversion, and for other procurement. Appropriates funds for: (1) defense-wide procurement; (2) National Guard and reserve equipment; and (3) certain procurements under the Defense Production Act of 1950.
 

Title IV: Research, Development, Test and Evaluation - 
Appropriates funds for FY 2005 for research, development, test and evaluation (RDT&E) by the Armed Forces and defense agencies. Appropriates funds for the Director of Operational Test and Evaluation.
 

Title V: Revolving and Management Funds - 
Appropriates funds for FY 2005 for the Defense Working Capital funds and programs under the National Defense Sealift Fund.
 

Title VI: Other Department of Defense Programs - 
Appropriates funds for: (1) Department of Defense (DOD) medical and health care programs; (2) the destruction of lethal chemical agents and munitions; (3) drug interdiction and counter-drug activities, defense; and (4) the Office of the Inspector General.
 

Title VII: Related Agencies - 
Appropriates funds for: (1) the Central Intelligence Agency Retirement and Disability System Fund; (2) the Intelligence Community Management Account; and (3) national security scholarships, fellowships, and grants (using funds derived from the National Security Education Trust Fund).
 

Title VIII: General Provisions - 
Sets forth authorized, restricted, and prohibited uses of appropriated funds.
 
(Sec. 8008) Authorizes procurement funds to be used for a multiyear procurement contract for the Lightweight 155mm Howitzer.
 
(Sec. 8010) Prohibits during FY 2005 the management by end strengths of DOD civilian personnel.
 
(Sec. 8011) Prohibits the use of funds from this Act to initiate a new installation overseas without a 30-day advance notification to the congressional appropriations committees.
 
(Sec. 8018) Authorizes the Secretary of Defense (Secretary) to establish, with host governments of NATO-member countries, an account for the deposit of residual amounts negotiated in the return of U.S. military installations to such countries.
 
(Sec. 8025) Appropriates funds for: (1) DOD for specified grants by the Secretary; and (2) Air Force O&M for specified acquisitions.
 
(Sec. 8027) Authorizes DOD to incur obligations of up to $350 million for DOD military compensation, military construction projects, and supplies and services in anticipation of receipts of contributions from the Government of Kuwait.
 
(Sec. 8029) Prohibits the use of funds from this Act to establish a new federally funded research and development center (FFRDC). Limits the Federal compensation to be paid to FFRDC members or consultants. Prohibits the use of FY 2005 FFRDC funds for new building construction, cost-sharing payments for projects funded by Government grants, absorption of contract overruns, or certain charitable contributions. Limits the staff years of technical effort that may be funded for FFRDCs from FY 2005 funds. Reduces by $74.2 million the total amount appropriated in this Act for FFRDCs.
 
(Sec. 8030) Provides Buy American requirements with respect to the DOD procurement of carbon, alloy, or armor steel plating.
 
(Sec. 8033) Requires the Secretary to report to Congress on the amount of DOD purchases from foreign entities in FY 2005.
 
(Sec. 8039) Authorizes the Secretary of the Air Force to convey to Indian tribes located in North Dakota, South Dakota, Montana, and Minnesota relocatable military housing units currently located at Grand Forks and Minot Air Force Bases that are excess to the needs of the Air Force. Requires the Operation Walking Shield program to resolve any housing unit conflicts arising after such conveyance.
 
(Sec. 8044) Earmarks funds appropriated under this Act for the mitigation of adverse environmental impacts on Indian lands resulting from DOD activities.
 
(Sec. 8045) Prohibits the use of funds: (1) by a DOD entity without compliance with the Buy American Act; (2) to establish additional field operating agencies of DOD elements, except for those funded within the National Foreign Intelligence Program; (3) for assistance to the Democratic People's Republic of Korea, unless specifically appropriated for such purpose; and (4) to reduce the civilian medical and medical support personnel assigned to military treatment facilities below the September 30, 2003, level.
 
(Sec. 8048) Directs the Secretary of the Navy, upon determining that the vessel USS CAPABLE is no longer needed by the Navy, to transfer such vessel to the National Oceanic and Atmospheric Administration for use as an exploration and research ship. Directs such Secretary to transfer specified funds to the Secretary of Commerce for ship conversion for such purposes.
 
(Sec. 8049) Rescinds specified funds from various accounts under prior defense appropriations Acts.
 
(Sec. 8055) Directs the Secretary to certify to Congress that the total renovation costs for wedges 2 through 5 of the Pentagon Reservation, cumulatively, will not exceed four times the total renovation cost of wedge 1. Authorizes an annual cost inflation adjustment. Excludes certain costs under such limitation, including costs necessary as a result of the terrorist attack on the Pentagon. Requires certification reports until all renovation is completed.
 
(Sec. 8057) Prohibits the transfer to any other department or agency, except as specifically provided in an appropriations law, of funds available to DOD or the Central Intelligence Agency for drug interdiction and counter-drug activities.
 
(Sec. 8062) Reduces by $835 million the total amount appropriated in titles II through IV of this Act, to reflect savings from revised economic assumptions.
 
(Sec. 8065) Prohibits current fiscal year DOD funds from being obligated or expended to transfer to another nation or international organization defense articles or services for use in any United Nations (UN) peacekeeping or peace enforcement operation, or for any other international peacekeeping, peace enforcement, or humanitarian assistance operation, unless specified congressional committees are given 15 days' advance notice.
 
(Sec. 8066) Authorizes the Secretary, to the extent authorized by law, to issue loan guarantees in support of U.S. defense exports not otherwise provided for, with a contingent liability limit of $15 billion. Requires quarterly reports to specified congressional committees.
 
(Sec. 8075) Prohibits the use of appropriated funds for approving the license or sale of the F-22 advanced tactical fighter to any foreign government.
 
(Sec. 8076) Authorizes the Secretary, on a case-by-case basis, to waive limitations on the procurement of defense items from a foreign country if: (1) the Secretary determines that such limitations would invalidate cooperative or reciprocal trade agreements for the procurement of defense items; and (2) such country does not discriminate against the same or similar defense items procured in the United States for that country. Provides exceptions.
 
(Sec. 8077) Prohibits the use of appropriated funds to support any training program involving a unit of the security forces of a foreign country if credible information exists that such unit has committed a gross violation of human rights, unless all necessary corrective steps have been taken. Requires the monitoring of such information. Authorizes the Secretary to waive such prohibition under extraordinary circumstances (requiring a report to the defense committees on any such waiver).
 
(Sec. 8078) Authorizes the Secretary to carry out a program to distribute surplus DOD dental equipment to Indian health service facilities and federally-qualified health centers.
 
(Sec. 8083) Reduces by $300 million the total amount of O&M funds appropriated in this Act, to reflect cash balance and rate stabilization adjustments in the Department of Defense Working Capital Fund.
 
(Sec. 8084) Prohibits appropriated funds from being used for a mission critical or mission essential financial management information technology system that is not registered with the DOD Chief Information Officer. Prohibits such a system from receiving a Milestone A or B approval, or full rate production approval, until the Chief Information Officer certifies that the system is being developed in accordance with the Clinger-Cohen Act of 1996.
 
(Sec. 8086) Prohibits appropriated funds from being used to transfer to any nongovernmental entity specified armor-piercing ammunition, except to an entity performing demilitarization services for DOD.
 
(Sec. 8087) Authorizes the Chief of the National Guard Bureau to waive payment for the lease of non-excess DOD personal property to certain youth, social, or fraternal nonprofit organizations.
 
(Sec. 8094) Reduces by $500 million the total amount appropriated in this Act, to limit excessive growth in the procurement of advisory and assistance services.
 
(Sec. 8095) Earmarks specified RDT&E funds for producing Arrow missile components in the United States and Arrow missile components and missiles in Israel to meet Israel's defense requirements.
 
(Sec. 8096) Appropriates funds for transfer to the Coast Guard for mission essential equipment for HC-130J aircraft.
 
(Sec. 8097) Makes specified Navy shipbuilding and conversion funds available to fund prior-year shipbuilding cost increases, allocating such funds among specified naval accounts.
 
(Sec. 8098) Prohibits any funds available to DOD from being 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 defense committees.
 
(Sec. 8101) Appropriates funds to provide assistance to public schools that have unusually high concentrations of special needs military dependents enrolled, with special consideration with respect to overseas assignments.
 
(Sec. 8103) Reduces by $808.1 million the total amount appropriated in this Act, to reflect excessive unobligated balances.
 
(Sec. 8104) Directs: (1) DOD and the Army to make future budgetary and programming plans to fully finance the Non-Line of Sight Objective Force cannon and resupply vehicle program in order to field such system in the 2008 timeframe; and (2) the Army to ensure that budgetary and programmatic plans will provide no fewer than six Stryker Brigade Combat Teams to be fielded between 2003 and 2008.
 
(Sec. 8105) Earmarks specified appropriated funds to maintain an attrition reserve force of 18 B-52 aircraft. Directs the Secretary of the Air Force to maintain a total B-52 force of 94, including the 18 reserve, during FY 2005.
 
(Sec. 8110) Requires the FY 2006 defense budget to include separate budget justification documents for costs of U.S. Armed Forces' participation in contingency operations for the military personnel, O&M, and procurement accounts.
 
(Sec. 8111) Prohibits funds from being used for RDT&E, procurement, or deployment of nuclear armed interceptors of a missile defense system.
 
(Sec. 8112) Makes DOD Buy American requirements inapplicable to the procurement of any fish, shellfish, or seafood product during the current fiscal year.
 
(Sec. 8113) Earmarks O&M funds for the Regional Defense Counter-terrorism Fellowship Program.
 
(Sec. 8115) Prohibits: (1) (with an exception) the use of any DOD funds for the Terrorism Information Awareness Program; and (2) (with exceptions) the funds provided for processing, analysis, and collaboration tools for counterterrorism foreign intelligence from being available for deployment or implementation.
 
(Sec. 8116) Reduces by $97.331 million the total amount of O&M funds, to limit excessive growth in the travel and transportation of persons.
 
(Sec. 8117) Reduces by $7.158 billion the total amount appropriated for military personnel, taken from specified accounts. Appropriates the same amounts back to such accounts as long as the entire amount is designated as an emergency requirement in support of contingency operations under the FY 2004 concurrent budget resolution.
 
(Sec. 8119) Authorizes the Secretary of the Navy to settle any and all admiralty claims arising out of the collision involving the U.S.S. GREENEVILLE and the EHIME MARU.
 

Title IX: Contingent Emergency Reserve Fund - 
Appropriates $25 billion to support operations in Iraq and Afghanistan, provided that such amount is designated as an emergency requirement in support of contingency operations under the FY 2004 concurrent resolution budget. Makes such funds available for transfer to specified military accounts. Directs the Secretary to report to the defense committees no later than 30 days after the end of each fiscal quarter summarizing any such transfers.
 
(Sec. 9001) Allows DOD O&M funds to be used to provide supplies, services, transportation, and other logistical support to coalition forces supporting military and stability operations in Iraq and Afghanistan (requiring quarterly reports from the Secretary to the defense committees).
 
(Sec. 9002) Authorizes the Secretary to use O&M funds to provide assistance 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. Requires notification to the defense committees 15 days in advance of such assistance.
 
(Sec. 9003) Authorizes the use of DOD O&M funds to fund the Commander's Emergency Response Program (urgent humanitarian relief and reconstruction in Iraq and Afghanistan).
 
(Sec. 9004) Amends the Afghanistan Freedom Support Act of 2002 to increase the amount authorized for military assistance for Afghanistan and certain other foreign countries and international organizations.
 
(Sec. 9005) Prohibits the use of funds provided in this title to either finance programs denied by Congress in FY 2004 and 2005 appropriations to DOD, or to initiate a procurement or RDT&E new start program, without 30 days' prior written notification to the defense committees.

action_date: 2004-07-20
text: 
Department of Defense Appropriations Act, 2005 - 
Title I: Military Personnel - 
 Appropriates funds for FY 2005 for active-duty and reserve personnel in the Army, Navy, Marine Corps, and Air Force and for National Guard personnel in the Army and Air Force.
 

Title II: Operation and Maintenance - 
 Appropriates funds for FY 2005 for operation and maintenance (O&M) of the Army, Navy, Marine Corps, and Air Force, the defense agencies, the reserve components, and the Army and Air National Guards. Appropriates funds for: (1) the Overseas Contingency Operations Transfer Account; (2) the United States Court of Appeals for the Armed Forces; (3) environmental restoration for the Army, Navy, Air Force, and defense-wide; (4) environmental restoration at formerly used defense sites; (5) overseas humanitarian, disaster, and civic aid; and (6) former Soviet Union threat reduction.
 

Title III: Procurement - 
 Appropriates funds for FY 2005 for procurement by the Armed Forces and reserve components of aircraft, missiles, weapons, tracked combat vehicles, ammunition, shipbuilding and conversion, and other procurement. Appropriates funds for: (1) defense-wide procurement; (2) National Guard and reserve equipment; and (3) certain procurements under the Defense Production Act of 1950.
 

Title IV: Research, Development, Test and Evaluation - 
 Appropriates funds for FY 2005 for research, development, test and evaluation (RDT&E) by the Armed Forces and defense agencies. Appropriates funds for the Director of Operational Test and Evaluation.
 

Title V: Revolving and Management Funds - 
 Appropriates funds for the Defense Working Capital funds and programs under the National Defense Sealift Fund.
 

Title VI: Other Department of Defense Programs - 
 Appropriates funds for: (1) Department of Defense (DOD) medical and health care programs; (2) the destruction of lethal chemical agents and munitions; (3) drug interdiction and counter-drug activities, defense; and (4) the Office of the Inspector General.
 

Title VII: Related Agencies - 
 Appropriates funds for: (1) the Central Intelligence Agency Retirement and Disability System Fund; (2) the Intelligence Community Management Account; and (3) national security scholarships, fellowships, and grants (using funds derived from the National Security Education Trust Fund).
 

Title VIII: General Provisions - 
Specifies authorized, restricted, and prohibited uses of appropriated funds.
 
(Sec. 8008) Authorizes procurement funds to be used for a multiyear procurement contract for the Lightweight 155mm Howitzer.
 
(Sec. 8010) Prohibits during FY 2005 the management by end strengths of DOD civilian personnel.
 
(Sec. 8011) Prohibits the use of funds from this Act to initiate a new installation overseas without a 30-day advance notification to the congressional appropriations committees.
 
(Sec. 8018) Authorizes the Secretary of Defense (Secretary) to establish, with host governments of NATO-member countries, an account for the deposit of residual amounts negotiated in the return of U.S. military installations to such countries.
 
(Sec. 8026) Authorizes DOD to incur obligations of up to $350 million for DOD military compensation, military construction projects, and supplies and services in anticipation of receipts of contributions from the Government of Kuwait.
 
(Sec. 8028) Prohibits the use of funds from this Act to establish a new federally funded research and development center (FFRDC). Limits the Federal compensation to be paid to FFRDC members or consultants. Prohibits the use of FY 2005 FFRDC funds for new building construction, cost-sharing payments for projects funded by Government grants, absorption of cost overruns, or certain charitable contributions. Limits the staff years of technical effort that may be funded for FFRDCs from FY 2005 funds. Reduces by $125 million the total amount appropriated in this Act for FFRDCs.
 
(Sec. 8029) Provides Buy American requirements with respect to the DOD procurement of carbon, alloy, or armor steel plating.
 
(Sec. 8032) Requires the Secretary to report to Congress on the amount of DOD purchases from foreign entities in FY 2005.
 
(Sec. 8036) Directs the President to include within each fiscal year budget the amounts requested for administrative activities of DOD, the military departments, and the defense agencies.
 
(Sec. 8039) Authorizes the Secretary of the Air Force to convey to Indian tribes located in North Dakota, South Dakota, Montana, and Minnesota relocatable military housing units currently located at Grand Forks and Minot Air Force Bases that are excess to the needs of the Air Force. Requires the Operation Walking Shield Program to resolve any housing unit conflicts arising after such conveyance.
 
(Sec. 8044) Earmarks funds appropriated under this Act for the mitigation of adverse environmental impacts on Indian lands resulting from DOD activities.
 
(Sec. 8045) Prohibits the use of funds: (1) by a DOD entity without compliance with the Buy American Act; (2) to establish additional field operating agencies of DOD elements, except for those funded within the National Foreign Intelligence Program; (3) for assistance to the Democratic People's Republic of Korea, unless specifically appropriated for such purpose; and (4) to reduce the civilian medical and medical support personnel assigned to military treatment facilities below the September 30, 2003, level.
 
(Sec. 8048) Directs the Secretary of the Navy, upon determining that the vessel USNS CAPABLE is no longer needed by the Navy, to transfer such vessel to the National Oceanic and Atmospheric Administration for use as an exploration and research ship. Directs such Secretary to transfer specified funds to the Secretary of Commerce for ship conversion for such purposes.
 
(Sec. 8049) Rescinds specified funds from various accounts under prior defense appropriations Acts.
 
(Sec. 8055) Directs the Secretary to certify to Congress that the total renovation costs of wedges 2 through 5 of the Pentagon Reservation, cumulatively, will not exceed four times the total renovation cost of wedge 1. Authorizes an annual cost inflation adjustment. Excludes certain costs under such limitation, including costs necessary as a result of the terrorist attack on the Pentagon. Requires certification reports until all renovation is completed.
 
(Sec. 8057) Prohibits the transfer to any other department or agency, except as specifically provided in an appropriations law, of funds available to DOD or the Central Intelligence Agency for drug interdiction and counter-drug activities.
 
(Sec. 8064) Prohibits current fiscal year DOD funds from being obligated or expended to transfer to another nation or international organization defense articles or services for use in any United Nations (UN) peacekeeping or peace enforcement operation, or for any other international peacekeeping, peace enforcement, or humanitarian assistance operation, unless specified congressional committees are given 15 days' advance notice.
 
(Sec. 8065) Authorizes the Secretary, to the extent authorized by law, to issue loan guarantees in support of U.S. defense exports not otherwise provided for, with a contingent liability limit of $15 billion. Requires quarterly reports to specified congressional committees.
 
(Sec. 8074) Prohibits the use of appropriated funds for approving the license or sale of the F-22 advanced tactical fighter to any foreign government.
 
(Sec. 8075) Authorizes the Secretary, on a case-by-case basis, to waive limitations on the procurement of defense items from a foreign country if: (1) the Secretary determines that such limitations would invalidate cooperative or reciprocal trade agreements for the procurement of defense items; and (2) such country does not discriminate against the same or similar defense items procured in the United States for that country. Provides exceptions.
 
(Sec. 8076) Prohibits the use of appropriated funds to support any training program involving a unit of the security forces of a foreign country if credible information exists that such unit has committed a gross violation of human rights, unless all necessary corrective steps have been taken. Requires the monitoring of such information. Authorizes the Secretary to waive such prohibition under extraordinary circumstances (requiring a report to the defense committees on any such waiver).
 
(Sec. 8077) Authorizes the Secretary to carry out a program to distribute surplus DOD dental equipment to Indian health service facilities and federally-qualified health centers.
 
(Sec. 8082) Provides for the crediting during the current fiscal year of certain refunds attributable to the use of Government travel or purchase cards or refunds for travel arranged by a Government-contracted travel management center.
 
(Sec. 8083) Prohibits appropriated funds from being used for a mission critical or mission essential financial management information technology system that is not registered with the DOD Chief Information Officer. Prohibits such a system from receiving a Milestone A or B approval, or full rate production approval, until the Chief Information Officer certifies to the defense committees that the system is being developed in accordance with the Clinger-Cohen Act of 1996.
 
(Sec. 8085) Prohibits appropriated funds from being used to transfer to any nongovernmental entity specified armor-piercing ammunition, except to an entity performing demilitarization services for DOD.
 
(Sec. 8086) Authorizes the Chief of the National Guard Bureau to waive payment for the lease of non-excess DOD personal property to certain youth, social, or fraternal nonprofit organizations.
 
(Sec. 8093) Appropriates funds 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) Reduces by: (1) $300 million the total amount of O&M funds appropriated in this Act, to reflect savings attributable to efficiencies and management improvements in the funding of miscellaneous or other contracts in the military departments; and (2) $500 million the total amount appropriated in this Act, to limit excessive growth in the procurement of advisory and assistance services.
 
(Sec. 8096) Earmarks specified RDT&E funds for producing Arrow missile components in the United States and Arrow missile components and missiles in Israel to meet Israel's defense requirements.
 
(Sec. 8098) Appropriates funds for transfer to the: (1) Coast Guard for mission essential equipment for HC-130J aircraft; and (2) Forest Service for certain wildfire management activities.
 
(Sec. 8099) Makes Navy shipbuilding and conversion funds available to fund prior-year shipbuilding cost increases, allocating such funds among specified naval accounts.
 
(Sec. 8100) Authorizes the Secretary of the Navy to settle any and all admiralty claims arising out of the collision involving the U.S.S. GREENEVILLE and the EHIME MARU.
 
(Sec. 8101) Prohibits any funds available to DOD from being 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 defense committees.
 
(Sec. 8104) Appropriates funds for assistance to public schools that have unusually high concentrations of special needs military dependents enrolled, giving special consideration to school systems considered overseas assignments.
 
(Sec. 8105) Reduces the total amount appropriated in this Act for: (1) RDT&E by $197.5 million, to reduce cost growth in information technology development and modernization; and (2) O&M by $316 million, to reflect cash balance and rate stabilization adjustments in DOD Working Capital Funds.
 
(Sec. 8108) Appropriates funds for a grant by the Secretary of the Army to facilitate access by veterans to opportunities for skilled employment in the construction industry.
 
(Sec. 8109) Directs: (1) DOD and the Army to make future budgetary and programming plans to fully finance the Non-Line of Sight Objective Force cannon and resupply vehicle program in order to field such system in FY 2010; and (2) the Army to ensure that budgetary and programmatic plans will provide for no fewer than seven Stryker Brigade Combat Teams.
 
(Sec. 8110) Earmarks specified appropriated funds to maintain an attrition reserve force of 18 B-52 aircraft. Directs the Secretary of the Air Force to maintain a total B-52 force of 94, including the 18 reserve, during FY 2005.
 
(Sec. 8113) Appropriates funds to DOD for thirteen specified grants by the Secretary.
 
(Sec. 8116) Requires the FY 2006 defense budget to include separate budget justification documents for costs of U.S. Armed Forces' participation in contingency operations for the military personnel, O&M, and procurement accounts.
 
(Sec. 8117) Prohibits funds from being used for RDT&E, procurement, or deployment of nuclear armed interceptors of a missile defense system.
 
(Sec. 8118) Makes DOD Buy American requirements inapplicable to the procurement of any fish, shellfish, or seafood product during the current fiscal year.
 
(Sec. 8119) Earmarks O&M funds for the Regional Defense Counter-terrorism Fellowship Program.
 
(Sec. 8121) Directs the Secretary of Agriculture to convey to the Inland Valley Development Agency a specified portion of the former Norton Air Force Base, California, in exchange for the use of certain property at the San Bernardino International Airport in California for aeronautical purposes in furtherance of wildfire prevention and containment. Directs the Secretary of the Air Force to convey to such Agency certain parcels of property located on or adjacent to such former Base, to be held in trust for the San Manuel Band of Mission Indians.
 
(Sec. 8122) Reduces by: (1) $711 million the total amount appropriated in titles II through IV of this Act, to reflect savings from assumed management improvements; and (2) $967.2 million the total amount of Air Force O&M funds, to reflect cash balance and rate stabilization adjustments in the DOD Transportation Working Capital Fund (the latter with an equivalent offset).
 
(Sec. 8124) Prohibits the availability of funds from this Act for integration of foreign intelligence information unless such information has been lawfully collected and processed during the conduct of authorized foreign intelligence activities.
 
(Sec. 8127) Authorizes the Secretary of the Army to convey to the city of Wooster, Ohio, the former Army Reserve Training Center in Wooster.
 
(Sec. 8128) Requires Ready Reserve members who are called or ordered to active duty in time of national emergency to be notified of their expected mobilization period at the time they are called or ordered. Allows the Secretary to waive such requirement in order to respond to a national security emergency or meet dire operational requirements.
 
(Sec. 8130) Reduces the total amount appropriated for: (1) O&M by $50 million, to reflect savings attributable to the offsetting of payments to contractors for the collection of unpaid taxes; and (2) RDT&E by $350 million, to decrease amounts budgeted in anticipation of the application of non-statutory funding set-asides.
 
(Sec. 8132) Appropriates funds to the Tanker Replacement Transfer Fund, as hereby established in the Treasury, for proceeding with a tanker acquisition program.
 
(Sec. 8134) Directs the Secretary to report to the defense committees addressing how DOD is improving the dud rate of cluster munitions to meet existing DOD policies.
 
(Sec. 8140) Reduces by: (1) $768.1 million the total amount appropriated in this Act, to reflect excessive unobligated balances; and (2) $100 million the total O&M funds appropriated in this Act, to limit excessive growth in the travel and transportation of persons.
 
(Sec. 8142) Rescinds specified funds from various aircraft procurement accounts under DOD appropriations Acts.
 

Title IX: Additional War-Related Appropriations - Department of Defense - Military - 
Appropriates additional funds, to be designated for overseas contingency operations, to DOD for: (1) military personnel; (2) O&M; (3) the Iraq Freedom Fund; (4) procurement (including National Guard and reserve equipment); (5) Defense Working Capital Funds; and (6) the Defense Health Program.
 

General Provisions, Title IX - 
(Sec. 9003) Authorizes the Secretary, in the national interest, to transfer between appropriations up to $1.5 billion of the funds made available to DOD in this title. Requires congressional notification of each transfer.
 
Amends the Department of Defense Appropriations Act, 2004 to increase from $2.1 billion to $2.8 billion the amount of DOD working capital or military functions funds that the Secretary may transfer between such funds.
 
(Sec. 9006) Authorizes the Secretary to use O&M funds appropriated in this title to train, equip, and provide related assistance to military or security forces in Iraq and Afghanistan, to enhance their capability to combat terrorism, and to support U.S. military operations there.
 
(Sec. 9007) Authorizes the use of DOD O&M funds appropriated in this title to fund the Commander's Response Program (urgent humanitarian relief and reconstruction in Iraq and Afghanistan).
 
(Sec. 9008) Amends the Afghanistan Freedom Support Act of 2002 to increase the amount authorized for military assistance for Afghanistan and certain other foreign countries and international organizations.
 
(Sec. 9009) Allows DOD O&M funds appropriated in this title to be used to provide supplies, services, transportation, and other logistical support to coalition forces supporting military and stability operations in Iraq and Afghanistan.
 
(Sec. 9010) Requires semiannual reports from the Secretary to Congress on U.S. military operations and DOD reconstruction activities in Iraq and Afghanistan.
 
(Sec. 9011) Reaffirms U.S. policy against the torture of prisoners of war and detainees.
 
(Sec. 9012) Requires the President to report to Congress detailing the estimated costs during FY 2006-2011 of Operations Iraqi Freedom and 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 such countries. Authorizes the waiver of such requirement for purposes of national security.
 
(Sec. 9013) Prohibits funds made available in this title from being used in contravention of provisions of the Small Business Act which require a Federal contract bidder to include in such bid a plan which utilizes, to the fullest extent possible, certain small businesses as subcontractors.
 
(Sec. 9014) Authorizes the Secretary to present promotional materials, including a U.S. flag, to any member of an active or reserve component who participates in Operations Enduring Freedom or Iraqi Freedom.
 
(Sec. 9015) Designates amounts appropriated or otherwise made available in this title as an emergency requirement in support of contingency operations related to the global war on terrorism pursuant to the FY 2005 concurrent budget resolution.
 

Title X: Other Matters - Chapter 1: Department of State -
 Appropriates additional funds, designated for such emergency contingency operations, to the State Department for costs associated with the United States Mission in Iraq for: (1) diplomatic and consular programs; and (2) embassy security, construction, and maintenance.
 

General Provisions, This Chapter -
 (Sec. 11002) Provides funds for reimbursement to State and local law enforcement entities for security and related costs associated with the 2004 Presidential Candidate Nominating Conventions in Boston, Massachusetts, and New York, New York.
 
(Sec. 11003) Appropriates funds to ensure the continuity of Criminal Justice Act representations by panel attorneys.
 

Chapter 2: Bilateral Economic Assistance -
 Appropriates funds, designated for such emergency contingency operations, for: (1) international disaster and famine assistance; and (2) migration and refugee assistance.
 

General Provisions, This Chapter - 
(Sec. 12001) Authorizes the President to transfer to Israel, in exchange for concessions to be negotiated by the Secretary and with the concurrence of the Secretary of State, any armor, artillery, automatic weapons ammunition, missiles, and other munitions that are: (1) obsolete or surplus items in the DOD inventory; (2) intended for use as reserve stocks for Israel; and (3) located in a stockpile in Israel. Requires the President to notify the congressional foreign relations and defense committees at least 30 days in advance of any such transfer. Prohibits any transfer after two years after the enactment of this Act.
 
(Sec. 12002) Amends the Foreign Assistance Act of 1961 to extend for FY 2004 and 2005 (currently, only through FY 2003) the authority to set aside $100 million in defense articles for use as war reserve stocks in Israel.
 

Chapter 3: Supplemental Appropriations for Fiscal Year 2004 for Urgent Wildland Fire Suppression Activities - 
Appropriates funds to the Department of the Interior's Bureau of Land Management and the Department of Agriculture's Forest Service for wildland fire management.
 

Chapter 4: General Provisions, This Title - 
(Sec. 14004) Rescinds, upon enactment of this Act, specified funds for the improvement of postsecondary education under part B of Title VII of the Higher Education Act of 1965, as amended by the Consolidated Appropriations Act, 2004. Requires, under the latter Act, the disregarding of certain funds earmarked for Wahpeton State School of Science and North Dakota State University for the recruitment, retaining, and training of pharmacy technicians. Appropriates an amount equal to the above rescission to the Department of Labor's Employment and Training Administration for training and education grants to: (1) North Dakota State School of Science; (2) Bismarck State College; and (3) Minot State University.
 
(Sec. 14005) Makes specified funds from this Act available to improve public school education in the District of Columbia.
 
(Sec. 14006) Makes temporary worker and trainee numerical limitations under the Immigration and Nationality Act inapplicable to any nonimmigrant alien issued a visa or otherwise provided status who is employed as a fish roe processor, technician, or supervisor.
 
(Sec. 14007) Specifies the FY 2005 allocation of appropriate levels of budget totals (outlays) for the Senate Committee on Appropriations until a concurrent resolution on the budget for FY 2005 is agreed to by the Senate and House of Representatives. Applies certain budget adjustments and limits.
 
(Sec. 14008) Designates amounts appropriated or otherwise made available in chapters 1 and 2 of this title as emergency requirements for contingency operations related to the global war on terrorism pursuant to the FY 2005 concurrent budget resolution.

action_date: 2004-08-05
text: 

(This measure has not been amended since the Conference Report was filed in the House on July 20, 2004. The summary of that version is repeated here.)

 
Department of Defense Appropriations Act, 2005 - 
Title I: Military Personnel - 
 Appropriates funds for FY 2005 for active-duty and reserve personnel in the Army, Navy, Marine Corps, and Air Force and for National Guard personnel in the Army and Air Force.
 

Title II: Operation and Maintenance - 
 Appropriates funds for FY 2005 for operation and maintenance (O&M) of the Army, Navy, Marine Corps, and Air Force, the defense agencies, the reserve components, and the Army and Air National Guards. Appropriates funds for: (1) the Overseas Contingency Operations Transfer Account; (2) the United States Court of Appeals for the Armed Forces; (3) environmental restoration for the Army, Navy, Air Force, and defense-wide; (4) environmental restoration at formerly used defense sites; (5) overseas humanitarian, disaster, and civic aid; and (6) former Soviet Union threat reduction.
 

Title III: Procurement - 
 Appropriates funds for FY 2005 for procurement by the Armed Forces and reserve components of aircraft, missiles, weapons, tracked combat vehicles, ammunition, shipbuilding and conversion, and other procurement. Appropriates funds for: (1) defense-wide procurement; (2) National Guard and reserve equipment; and (3) certain procurements under the Defense Production Act of 1950.
 

Title IV: Research, Development, Test and Evaluation - 
 Appropriates funds for FY 2005 for research, development, test and evaluation (RDT&E) by the Armed Forces and defense agencies. Appropriates funds for the Director of Operational Test and Evaluation.
 

Title V: Revolving and Management Funds - 
 Appropriates funds for the Defense Working Capital funds and programs under the National Defense Sealift Fund.
 

Title VI: Other Department of Defense Programs - 
 Appropriates funds for: (1) Department of Defense (DOD) medical and health care programs; (2) the destruction of lethal chemical agents and munitions; (3) drug interdiction and counter-drug activities, defense; and (4) the Office of the Inspector General.
 

Title VII: Related Agencies - 
 Appropriates funds for: (1) the Central Intelligence Agency Retirement and Disability System Fund; (2) the Intelligence Community Management Account; and (3) national security scholarships, fellowships, and grants (using funds derived from the National Security Education Trust Fund).
 

Title VIII: General Provisions - 
Specifies authorized, restricted, and prohibited uses of appropriated funds.
 
(Sec. 8008) Authorizes procurement funds to be used for a multiyear procurement contract for the Lightweight 155mm Howitzer.
 
(Sec. 8010) Prohibits during FY 2005 the management by end strengths of DOD civilian personnel.
 
(Sec. 8011) Prohibits the use of funds from this Act to initiate a new installation overseas without a 30-day advance notification to the congressional appropriations committees.
 
(Sec. 8018) Authorizes the Secretary of Defense (Secretary) to establish, with host governments of NATO-member countries, an account for the deposit of residual amounts negotiated in the return of U.S. military installations to such countries.
 
(Sec. 8026) Authorizes DOD to incur obligations of up to $350 million for DOD military compensation, military construction projects, and supplies and services in anticipation of receipts of contributions from the Government of Kuwait.
 
(Sec. 8028) Prohibits the use of funds from this Act to establish a new federally funded research and development center (FFRDC). Limits the Federal compensation to be paid to FFRDC members or consultants. Prohibits the use of FY 2005 FFRDC funds for new building construction, cost-sharing payments for projects funded by Government grants, absorption of cost overruns, or certain charitable contributions. Limits the staff years of technical effort that may be funded for FFRDCs from FY 2005 funds. Reduces by $125 million the total amount appropriated in this Act for FFRDCs.
 
(Sec. 8029) Provides Buy American requirements with respect to the DOD procurement of carbon, alloy, or armor steel plating.
 
(Sec. 8032) Requires the Secretary to report to Congress on the amount of DOD purchases from foreign entities in FY 2005.
 
(Sec. 8036) Directs the President to include within each fiscal year budget the amounts requested for administrative activities of DOD, the military departments, and the defense agencies.
 
(Sec. 8039) Authorizes the Secretary of the Air Force to convey to Indian tribes located in North Dakota, South Dakota, Montana, and Minnesota relocatable military housing units currently located at Grand Forks and Minot Air Force Bases that are excess to the needs of the Air Force. Requires the Operation Walking Shield Program to resolve any housing unit conflicts arising after such conveyance.
 
(Sec. 8044) Earmarks funds appropriated under this Act for the mitigation of adverse environmental impacts on Indian lands resulting from DOD activities.
 
(Sec. 8045) Prohibits the use of funds: (1) by a DOD entity without compliance with the Buy American Act; (2) to establish additional field operating agencies of DOD elements, except for those funded within the National Foreign Intelligence Program; (3) for assistance to the Democratic People's Republic of Korea, unless specifically appropriated for such purpose; and (4) to reduce the civilian medical and medical support personnel assigned to military treatment facilities below the September 30, 2003, level.
 
(Sec. 8048) Directs the Secretary of the Navy, upon determining that the vessel USNS CAPABLE is no longer needed by the Navy, to transfer such vessel to the National Oceanic and Atmospheric Administration for use as an exploration and research ship. Directs such Secretary to transfer specified funds to the Secretary of Commerce for ship conversion for such purposes.
 
(Sec. 8049) Rescinds specified funds from various accounts under prior defense appropriations Acts.
 
(Sec. 8055) Directs the Secretary to certify to Congress that the total renovation costs of wedges 2 through 5 of the Pentagon Reservation, cumulatively, will not exceed four times the total renovation cost of wedge 1. Authorizes an annual cost inflation adjustment. Excludes certain costs under such limitation, including costs necessary as a result of the terrorist attack on the Pentagon. Requires certification reports until all renovation is completed.
 
(Sec. 8057) Prohibits the transfer to any other department or agency, except as specifically provided in an appropriations law, of funds available to DOD or the Central Intelligence Agency for drug interdiction and counter-drug activities.
 
(Sec. 8064) Prohibits current fiscal year DOD funds from being obligated or expended to transfer to another nation or international organization defense articles or services for use in any United Nations (UN) peacekeeping or peace enforcement operation, or for any other international peacekeeping, peace enforcement, or humanitarian assistance operation, unless specified congressional committees are given 15 days' advance notice.
 
(Sec. 8065) Authorizes the Secretary, to the extent authorized by law, to issue loan guarantees in support of U.S. defense exports not otherwise provided for, with a contingent liability limit of $15 billion. Requires quarterly reports to specified congressional committees.
 
(Sec. 8074) Prohibits the use of appropriated funds for approving the license or sale of the F-22 advanced tactical fighter to any foreign government.
 
(Sec. 8075) Authorizes the Secretary, on a case-by-case basis, to waive limitations on the procurement of defense items from a foreign country if: (1) the Secretary determines that such limitations would invalidate cooperative or reciprocal trade agreements for the procurement of defense items; and (2) such country does not discriminate against the same or similar defense items procured in the United States for that country. Provides exceptions.
 
(Sec. 8076) Prohibits the use of appropriated funds to support any training program involving a unit of the security forces of a foreign country if credible information exists that such unit has committed a gross violation of human rights, unless all necessary corrective steps have been taken. Requires the monitoring of such information. Authorizes the Secretary to waive such prohibition under extraordinary circumstances (requiring a report to the defense committees on any such waiver).
 
(Sec. 8077) Authorizes the Secretary to carry out a program to distribute surplus DOD dental equipment to Indian health service facilities and federally-qualified health centers.
 
(Sec. 8082) Provides for the crediting during the current fiscal year of certain refunds attributable to the use of Government travel or purchase cards or refunds for travel arranged by a Government-contracted travel management center.
 
(Sec. 8083) Prohibits appropriated funds from being used for a mission critical or mission essential financial management information technology system that is not registered with the DOD Chief Information Officer. Prohibits such a system from receiving a Milestone A or B approval, or full rate production approval, until the Chief Information Officer certifies to the defense committees that the system is being developed in accordance with the Clinger-Cohen Act of 1996.
 
(Sec. 8085) Prohibits appropriated funds from being used to transfer to any nongovernmental entity specified armor-piercing ammunition, except to an entity performing demilitarization services for DOD.
 
(Sec. 8086) Authorizes the Chief of the National Guard Bureau to waive payment for the lease of non-excess DOD personal property to certain youth, social, or fraternal nonprofit organizations.
 
(Sec. 8093) Appropriates funds 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) Reduces by: (1) $300 million the total amount of O&M funds appropriated in this Act, to reflect savings attributable to efficiencies and management improvements in the funding of miscellaneous or other contracts in the military departments; and (2) $500 million the total amount appropriated in this Act, to limit excessive growth in the procurement of advisory and assistance services.
 
(Sec. 8096) Earmarks specified RDT&E funds for producing Arrow missile components in the United States and Arrow missile components and missiles in Israel to meet Israel's defense requirements.
 
(Sec. 8098) Appropriates funds for transfer to the: (1) Coast Guard for mission essential equipment for HC-130J aircraft; and (2) Forest Service for certain wildfire management activities.
 
(Sec. 8099) Makes Navy shipbuilding and conversion funds available to fund prior-year shipbuilding cost increases, allocating such funds among specified naval accounts.
 
(Sec. 8100) Authorizes the Secretary of the Navy to settle any and all admiralty claims arising out of the collision involving the U.S.S. GREENEVILLE and the EHIME MARU.
 
(Sec. 8101) Prohibits any funds available to DOD from being 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 defense committees.
 
(Sec. 8104) Appropriates funds for assistance to public schools that have unusually high concentrations of special needs military dependents enrolled, giving special consideration to school systems considered overseas assignments.
 
(Sec. 8105) Reduces the total amount appropriated in this Act for: (1) RDT&E by $197.5 million, to reduce cost growth in information technology development and modernization; and (2) O&M by $316 million, to reflect cash balance and rate stabilization adjustments in DOD Working Capital Funds.
 
(Sec. 8108) Appropriates funds for a grant by the Secretary of the Army to facilitate access by veterans to opportunities for skilled employment in the construction industry.
 
(Sec. 8109) Directs: (1) DOD and the Army to make future budgetary and programming plans to fully finance the Non-Line of Sight Objective Force cannon and resupply vehicle program in order to field such system in FY 2010; and (2) the Army to ensure that budgetary and programmatic plans will provide for no fewer than seven Stryker Brigade Combat Teams.
 
(Sec. 8110) Earmarks specified appropriated funds to maintain an attrition reserve force of 18 B-52 aircraft. Directs the Secretary of the Air Force to maintain a total B-52 force of 94, including the 18 reserve, during FY 2005.
 
(Sec. 8113) Appropriates funds to DOD for thirteen specified grants by the Secretary.
 
(Sec. 8116) Requires the FY 2006 defense budget to include separate budget justification documents for costs of U.S. Armed Forces' participation in contingency operations for the military personnel, O&M, and procurement accounts.
 
(Sec. 8117) Prohibits funds from being used for RDT&E, procurement, or deployment of nuclear armed interceptors of a missile defense system.
 
(Sec. 8118) Makes DOD Buy American requirements inapplicable to the procurement of any fish, shellfish, or seafood product during the current fiscal year.
 
(Sec. 8119) Earmarks O&M funds for the Regional Defense Counter-terrorism Fellowship Program.
 
(Sec. 8121) Directs the Secretary of Agriculture to convey to the Inland Valley Development Agency a specified portion of the former Norton Air Force Base, California, in exchange for the use of certain property at the San Bernardino International Airport in California for aeronautical purposes in furtherance of wildfire prevention and containment. Directs the Secretary of the Air Force to convey to such Agency certain parcels of property located on or adjacent to such former Base, to be held in trust for the San Manuel Band of Mission Indians.
 
(Sec. 8122) Reduces by: (1) $711 million the total amount appropriated in titles II through IV of this Act, to reflect savings from assumed management improvements; and (2) $967.2 million the total amount of Air Force O&M funds, to reflect cash balance and rate stabilization adjustments in the DOD Transportation Working Capital Fund (the latter with an equivalent offset).
 
(Sec. 8124) Prohibits the availability of funds from this Act for integration of foreign intelligence information unless such information has been lawfully collected and processed during the conduct of authorized foreign intelligence activities.
 
(Sec. 8127) Authorizes the Secretary of the Army to convey to the city of Wooster, Ohio, the former Army Reserve Training Center in Wooster.
 
(Sec. 8128) Requires Ready Reserve members who are called or ordered to active duty in time of national emergency to be notified of their expected mobilization period at the time they are called or ordered. Allows the Secretary to waive such requirement in order to respond to a national security emergency or meet dire operational requirements.
 
(Sec. 8130) Reduces the total amount appropriated for: (1) O&M by $50 million, to reflect savings attributable to the offsetting of payments to contractors for the collection of unpaid taxes; and (2) RDT&E by $350 million, to decrease amounts budgeted in anticipation of the application of non-statutory funding set-asides.
 
(Sec. 8132) Appropriates funds to the Tanker Replacement Transfer Fund, as hereby established in the Treasury, for proceeding with a tanker acquisition program.
 
(Sec. 8134) Directs the Secretary to report to the defense committees addressing how DOD is improving the dud rate of cluster munitions to meet existing DOD policies.
 
(Sec. 8140) Reduces by: (1) $768.1 million the total amount appropriated in this Act, to reflect excessive unobligated balances; and (2) $100 million the total O&M funds appropriated in this Act, to limit excessive growth in the travel and transportation of persons.
 
(Sec. 8142) Rescinds specified funds from various aircraft procurement accounts under DOD appropriations Acts.
 

Title IX: Additional War-Related Appropriations - Department of Defense - Military - 
Appropriates additional funds, to be designated for overseas contingency operations, to DOD for: (1) military personnel; (2) O&M; (3) the Iraq Freedom Fund; (4) procurement (including National Guard and reserve equipment); (5) Defense Working Capital Funds; and (6) the Defense Health Program.
 

General Provisions, Title IX - 
(Sec. 9003) Authorizes the Secretary, in the national interest, to transfer between appropriations up to $1.5 billion of the funds made available to DOD in this title. Requires congressional notification of each transfer.
 
Amends the Department of Defense Appropriations Act, 2004 to increase from $2.1 billion to $2.8 billion the amount of DOD working capital or military functions funds that the Secretary may transfer between such funds.
 
(Sec. 9006) Authorizes the Secretary to use O&M funds appropriated in this title to train, equip, and provide related assistance to military or security forces in Iraq and Afghanistan, to enhance their capability to combat terrorism, and to support U.S. military operations there.
 
(Sec. 9007) Authorizes the use of DOD O&M funds appropriated in this title to fund the Commander's Response Program (urgent humanitarian relief and reconstruction in Iraq and Afghanistan).
 
(Sec. 9008) Amends the Afghanistan Freedom Support Act of 2002 to increase the amount authorized for military assistance for Afghanistan and certain other foreign countries and international organizations.
 
(Sec. 9009) Allows DOD O&M funds appropriated in this title to be used to provide supplies, services, transportation, and other logistical support to coalition forces supporting military and stability operations in Iraq and Afghanistan.
 
(Sec. 9010) Requires semiannual reports from the Secretary to Congress on U.S. military operations and DOD reconstruction activities in Iraq and Afghanistan.
 
(Sec. 9011) Reaffirms U.S. policy against the torture of prisoners of war and detainees.
 
(Sec. 9012) Requires the President to report to Congress detailing the estimated costs during FY 2006-2011 of Operations Iraqi Freedom and 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 such countries. Authorizes the waiver of such requirement for purposes of national security.
 
(Sec. 9013) Prohibits funds made available in this title from being used in contravention of provisions of the Small Business Act which require a Federal contract bidder to include in such bid a plan which utilizes, to the fullest extent possible, certain small businesses as subcontractors.
 
(Sec. 9014) Authorizes the Secretary to present promotional materials, including a U.S. flag, to any member of an active or reserve component who participates in Operations Enduring Freedom or Iraqi Freedom.
 
(Sec. 9015) Designates amounts appropriated or otherwise made available in this title as an emergency requirement in support of contingency operations related to the global war on terrorism pursuant to the FY 2005 concurrent budget resolution.
 

Title X: Other Matters - Chapter 1: Department of State -
 Appropriates additional funds, designated for such emergency contingency operations, to the State Department for costs associated with the United States Mission in Iraq for: (1) diplomatic and consular programs; and (2) embassy security, construction, and maintenance.
 

General Provisions, This Chapter -
 (Sec. 11002) Provides funds for reimbursement to State and local law enforcement entities for security and related costs associated with the 2004 Presidential Candidate Nominating Conventions in Boston, Massachusetts, and New York, New York.
 
(Sec. 11003) Appropriates funds to ensure the continuity of Criminal Justice Act representations by panel attorneys.
 

Chapter 2: Bilateral Economic Assistance -
 Appropriates funds, designated for such emergency contingency operations, for: (1) international disaster and famine assistance; and (2) migration and refugee assistance.
 

General Provisions, This Chapter - 
(Sec. 12001) Authorizes the President to transfer to Israel, in exchange for concessions to be negotiated by the Secretary and with the concurrence of the Secretary of State, any armor, artillery, automatic weapons ammunition, missiles, and other munitions that are: (1) obsolete or surplus items in the DOD inventory; (2) intended for use as reserve stocks for Israel; and (3) located in a stockpile in Israel. Requires the President to notify the congressional foreign relations and defense committees at least 30 days in advance of any such transfer. Prohibits any transfer after two years after the enactment of this Act.
 
(Sec. 12002) Amends the Foreign Assistance Act of 1961 to extend for FY 2004 and 2005 (currently, only through FY 2003) the authority to set aside $100 million in defense articles for use as war reserve stocks in Israel.
 

Chapter 3: Supplemental Appropriations for Fiscal Year 2004 for Urgent Wildland Fire Suppression Activities - 
Appropriates funds to the Department of the Interior's Bureau of Land Management and the Department of Agriculture's Forest Service for wildland fire management.
 

Chapter 4: General Provisions, This Title - 
(Sec. 14004) Rescinds, upon enactment of this Act, specified funds for the improvement of postsecondary education under part B of Title VII of the Higher Education Act of 1965, as amended by the Consolidated Appropriations Act, 2004. Requires, under the latter Act, the disregarding of certain funds earmarked for Wahpeton State School of Science and North Dakota State University for the recruitment, retaining, and training of pharmacy technicians. Appropriates an amount equal to the above rescission to the Department of Labor's Employment and Training Administration for training and education grants to: (1) North Dakota State School of Science; (2) Bismarck State College; and (3) Minot State University.
 
(Sec. 14005) Makes specified funds from this Act available to improve public school education in the District of Columbia.
 
(Sec. 14006) Makes temporary worker and trainee numerical limitations under the Immigration and Nationality Act inapplicable to any nonimmigrant alien issued a visa or otherwise provided status who is employed as a fish roe processor, technician, or supervisor.
 
(Sec. 14007) Specifies the FY 2005 allocation of appropriate levels of budget totals (outlays) for the Senate Committee on Appropriations until a concurrent resolution on the budget for FY 2005 is agreed to by the Senate and House of Representatives. Applies certain budget adjustments and limits.
 
(Sec. 14008) Designates amounts appropriated or otherwise made available in chapters 1 and 2 of this title as emergency requirements for contingency operations related to the global war on terrorism pursuant to the FY 2005 concurrent budget resolution.


Legislative actions:
action_date: 2004-08-05
text: Became Public Law No: 108-287.
action_date: 2004-08-05
text: Became Public Law No: 108-287.
action_date: 2004-08-05
text: Signed by President.
action_date: 2004-08-05
text: Signed by President.
action_date: 2004-07-28
text: Presented to President.
action_date: 2004-07-28
text: Presented to President.
action_date: 2004-07-23
text: Message on Senate action sent to the House.
action_date: 2004-07-22
text: On agreeing to the conference report Agreed to by the Yeas and Nays: 410 - 12 (Roll no. 418).
action_date: 2004-07-22
text: Motions to reconsider laid on the table Agreed to without objection.
action_date: 2004-07-22
text: Conference report agreed to in House: On agreeing to the conference report Agreed to by the Yeas and Nays: 410 - 12 (Roll no. 418).
action_date: 2004-07-22
text: The House proceeded to consider the conference report H.Rept. 108-622 as unfinished business. (consideration:  CR H6675-6676)
action_date: 2004-07-22
text: Senate agreed to conference report by Yea-Nay Vote. 96 - 0. Record Vote Number: 163. (consideration: CR S8614-8616, S8617-8622)
action_date: 2004-07-22
text: Conference report agreed to in Senate: Senate agreed to conference report by Yea-Nay Vote. 96 - 0. Record Vote Number: 163.(consideration: CR S8614-8616, S8617-8622)
action_date: 2004-07-22
text: Conference papers: Senate report and manager's statement and message on House action held at the desk in Senate.
action_date: 2004-07-22
text: POSTPONED PROCEEDINGS - The Chair put the question on adoption of the conference report and pursuant to the rule, announced that the Yeas and Nays were ordered. Subsequently, the Chair postponed further proceedings on the question of adoption of the conference report until a time to be announced later in the legislative day.
action_date: 2004-07-22
text: The previous question was ordered without objection. (CR H6652-6660)
action_date: 2004-07-22
text: DEBATE - The House proceeded with one hour of debate on the conference report to accompany H.R. 4613.
action_date: 2004-07-22
text: Mr. Lewis (CA) brought up conference report H. Rept. 108-622 for consideration under the provisions of H. Res. 735.
action_date: 2004-07-22
text: Rule H. Res. 735 passed House.
action_date: 2004-07-21
text: Rules Committee Resolution H. Res. 735 Reported to House. Rule provides for consideration of the conference report to H.R. 4613.
action_date: 2004-07-20
text: Conference report H. Rept. 108-622 filed. (text of conference report: CR H6129-6444)
action_date: 2004-07-20
text: Conference report filed: Conference report H. Rept. 108-622 filed.(text of conference report: CR H6129-6444)
action_date: 2004-07-20
text: Mr. Lewis (CA) asked unanimous consent that managers on the part of the House have until midnight on July 20 to file a conference report on H.R. 4613. Agreed to without objection.
action_date: 2004-07-14
text: Conferees agreed to file conference report.
action_date: 2004-07-14
text: Conference committee actions: Conferees agreed to file conference report.
action_date: 2004-07-13
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2004-07-13
text: On motion to close portions of the conference Agreed to by the Yeas and Nays: 411 - 6 (Roll no. 365).
action_date: 2004-07-13
text: Mr. Lewis (CA) moved that the House close portions of the conference. (consideration: CR H5581)
action_date: 2004-07-13
text: The Speaker appointed conferees: Lewis (CA), Young (FL), Hobson, Bonilla, Nethercutt, Cunningham, Frelinghuysen, Tiahrt, Wicker, Murtha, Dicks, Sabo, Visclosky, Moran (VA), and Obey.
action_date: 2004-07-13
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2004-07-13
text: On motion that the House instruct conferees Agreed to by voice vote.
action_date: 2004-07-13
text: DEBATE - The House proceeded with one hour of debate on the Jackson motion to instruct conferees. Motion seeks to instruct the managers on the part of the House to insist on the maximum level within the scope of conference to respond to the humanitarian crises in the Darfur region of Sudan and Chad.
action_date: 2004-07-13
text: Mr. Jackson (IL) moved that the House instruct conferees.
action_date: 2004-07-13
text: On motion that the House disagree to the Senate amendment, and agree to a conference Agreed to without objection.
action_date: 2004-07-13
text: Mr. Lewis (CA) asked unanimous consent that the House disagree to the Senate amendment, and agree to a conference. (consideration: CR H5546-5552)
action_date: 2004-07-06
text: Message on Senate action sent to the House.
action_date: 2004-06-24
text: Senate insists on its amendment, asks for a conference, appoints conferees Stevens; Cochran; Specter; Domenici; Bond; McConnell; Shelby; Gregg; Hutchison; Burns; Inouye; Hollings; Byrd; Leahy; Harkin; Dorgan; Durbin; Reid; Feinstein.
action_date: 2004-06-24
text: See also S. 2559.
action_date: 2004-06-24
text: Passed Senate with an amendment by Yea-Nay Vote. 98 - 0. Record Vote Number: 149.
action_date: 2004-06-24
text: Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 98 - 0. Record Vote Number: 149.
action_date: 2004-06-24
text: Senate struck all after the Enacting Clause and substituted the language of S. 2559.
action_date: 2004-06-24
text: Measure laid before Senate by unanimous consent. (consideration: CR S7357-7359, S7366-7392)
action_date: 2004-06-23
text: Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 594.
action_date: 2004-06-22
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2004-06-22
text: On passage Passed by the Yeas and Nays: 403 - 17 (Roll no. 284).
action_date: 2004-06-22
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 403 - 17 (Roll no. 284).
action_date: 2004-06-22
text: The previous question was ordered pursuant to the rule. (consideration: CR H4727)
action_date: 2004-06-22
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 4613.
action_date: 2004-06-22
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Inslee amendment, the Chair put the question on adoption of the amendmene and by voice vote, announced that the noes had prevailed. Mr. Inslee demanded a recorded vote and made a point of no quorum. Pursuant to the rule, the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day and the point of no quorum was considered as withdrawn.
action_date: 2004-06-22
text: DEBATE - The Committee of the Whole proceeded with debate on the Inslee amendment under the five-minute rule.
action_date: 2004-06-22
text: DEBATE - The Committee of the Whole proceeded with debate on the Lewis amendments en bloc under the five-minute rule.
action_date: 2004-06-22
text: DEBATE - The Committee of the Whole proceeded with debate on the Jackson-Lee amendment under the five-minute rule.
action_date: 2004-06-22
text: DEBATE - The Committee of the Whole proceeded with debate on the Jackson-Lee amendment under the five-minute rule.
action_date: 2004-06-22
text: DEBATE - The Committee of the Whole proceeded with debate on the Blumenaur amendment under the five minute rule.
action_date: 2004-06-22
text: DEBATE - The Committee of the Whole proceeded with debate on the Woolsey amendment under the five minute rule.
action_date: 2004-06-22
text: GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 4613.
action_date: 2004-06-22
text: The Speaker designated the Honorable Dave Camp to act as Chairman of the Committee.
action_date: 2004-06-22
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 683 and Rule XVIII.
action_date: 2004-06-22
text: Rule provides for consideration of H.R. 4613 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. The amendment printed in the report of the Committee on Rules accompanying this resolution shall be considered as adopted in the House and in the Committee of the Whole. Measure will be read by paragraph. Bill is open to amendments. Upon the adoption of this resolution it shall be in order, any rule of the House to the contrary notwithstanding, to consider concurrent resolutions providing for adjournment of the House and Senate during the month of July.
action_date: 2004-06-22
text: Considered under the provisions of rule H. Res. 683. (consideration: CR H4685-4707, H4707-4728; text of Title I as reported in House: CR H4697, H4698, H4699; text of Title II as reported in House: CR H4699-4700, H4701, H4702-4703; text of Title III as reported in House: CR H4704-4705; text of Title IV as reported in House: CR H4705, H4706, H4709; text of Title V as reported in House: CR H4709; text of Title VI as reported in House: CR H4709; text of Title VII as reported in House: CR H4709-4710; text of Title VIII as reported in House: CR H4710-4718; text of Title IX as reported in House: CR H4719-4721; text of Title X as reported in House: CR H4722)
action_date: 2004-06-22
text: Rule H. Res. 683 passed House.
action_date: 2004-06-21
text: Rules Committee Resolution H. Res. 683 Reported to House. Rule provides for consideration of H.R. 4613 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. The amendment printed in the report of the Committee on Rules accompanying this resolution shall be considered as adopted in the House and in the Committee of the Whole. Measure will be read by paragraph. Bill is open to amendments. Upon the adoption of this resolution it shall be in order, any rule of the House to the contrary notwithstanding, to consider concurrent resolutions providing for adjournment of the House and Senate during the month of July.
action_date: 2004-06-18
text: Placed on the Union Calendar, Calendar No. 321.
action_date: 2004-06-18
text: The House Committee on Appropriations reported an original measure, H. Rept. 108-553, by Mr. Lewis (CA).
action_date: 2004-06-18
text: The House Committee on Appropriations reported an original measure, H. Rept. 108-553, by Mr. Lewis (CA).
action_date: 2004-06-18
text: Introduced in House

Enacted as: number: 108-287