Department of Defense Appropriations Act, 2005

(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.