Appropriations bill FY2005, Defense

(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) 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.