Pub.L. 108-288 To designate the United States courthouse located at 100 North Palafox Street in Pensacola, Florida, as the ``Winston E. Arnow United States Courthouse''. <> ...

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[[Page 118 STAT. 951]]

Public Law 108-287
108th Congress

                                 An Act


 
Making appropriations for the Department of Defense for the fiscal year 
   ending September 30, 2005, and for other purposes. <<NOTE: Aug. 5, 
                         2004 -  [H.R. 4613]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Department of 
Defense Appropriations Act, 2005.>> 

That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2005, for military functions administered by the 
Department of Defense, and for other purposes, namely:

                                 TITLE I

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Army on active duty, (except members of reserve components provided 
for elsewhere), cadets, and aviation cadets; and for payments pursuant 
to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), 
and to the Department of Defense Military Retirement Fund, 
$29,381,422,000.

                        Military Personnel, Navy

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Navy on active duty (except members of the Reserve provided for 
elsewhere), midshipmen, and aviation cadets; and for payments pursuant 
to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), 
and to the Department of Defense Military Retirement Fund, 
$24,347,807,000.

                    Military Personnel, Marine Corps

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Marine Corps on active duty (except

[[Page 118 STAT. 952]]

members of the Reserve provided for elsewhere); and for payments 
pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 
note), and to the Department of Defense Military Retirement Fund, 
$9,581,102,000.

                      Military Personnel, Air Force

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Air Force on active duty (except members of reserve components 
provided for elsewhere), cadets, and aviation cadets; and for payments 
pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 
note), and to the Department of Defense Military Retirement Fund, 
$24,155,911,000.

                         Reserve Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army Reserve on active duty under 
sections 10211, 10302, and 3038 of title 10, United States Code, or 
while serving on active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty or other duty, 
and for members of the Reserve Officers' Training Corps, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$3,663,890,000.

                         Reserve Personnel, Navy

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Navy Reserve on active duty under 
section 10211 of title 10, United States Code, or while serving on 
active duty under section 12301(d) of title 10, United States Code, in 
connection with performing duty specified in section 12310(a) of title 
10, United States Code, or while undergoing reserve training, or while 
performing drills or equivalent duty, and for members of the Reserve 
Officers' Training Corps, and expenses authorized by section 16131 of 
title 10, United States Code; and for payments to the Department of 
Defense Military Retirement Fund, $2,084,032,000.

                     Reserve Personnel, Marine Corps

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Marine Corps Reserve on active 
duty under section 10211 of title 10, United States Code, or while 
serving on active duty under section 12301(d) of title 10, United States 
Code, in connection with performing duty specified in section 12310(a) 
of title 10, United States Code, or while undergoing reserve training, 
or while performing drills or equivalent duty, and for members of the 
Marine Corps platoon leaders class, and expenses authorized by section 
16131 of title 10, United States Code; and for payments to the 
Department of Defense Military Retirement Fund, $623,073,000.

[[Page 118 STAT. 953]]

                      Reserve Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air Force Reserve on active duty 
under sections 10211, 10305, and 8038 of title 10, United States Code, 
or while serving on active duty under section 12301(d) of title 10, 
United States Code, in connection with performing duty specified in 
section 12310(a) of title 10, United States Code, or while undergoing 
reserve training, or while performing drills or equivalent duty or other 
duty, and for members of the Air Reserve Officers' Training Corps, and 
expenses authorized by section 16131 of title 10, United States Code; 
and for payments to the Department of Defense Military Retirement Fund, 
$1,451,950,000.

                     National Guard Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army National Guard while on duty 
under section 10211, 10302, or 12402 of title 10 or section 708 of title 
32, United States Code, or while serving on duty under section 12301(d) 
of title 10 or section 502(f) of title 32, United States Code, in 
connection with performing duty specified in section 12310(a) of title 
10, United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$5,901,729,000.

                   National Guard Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air National Guard on duty under 
section 10211, 10305, or 12402 of title 10 or section 708 of title 32, 
United States Code, or while serving on duty under section 12301(d) of 
title 10 or section 502(f) of title 32, United States Code, in 
connection with performing duty specified in section 12310(a) of title 
10, United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$2,540,242,000.

                                TITLE II

                        OPERATION AND MAINTENANCE

                     Operation and Maintenance, Army


                      (including transfer of funds)


    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Army, as authorized by law; and not to 
exceed $11,144,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of the Army, and payments may be made on his certificate of necessity 
for confidential military purposes, $25,764,634,000: Provided, That of 
funds made available under

[[Page 118 STAT. 954]]

this heading, $1,900,000 shall be available for Fort Baker, in 
accordance with the terms and conditions as provided under the heading 
``Operation and Maintenance, Army'', in Public Law 107-117.

                     Operation and Maintenance, Navy

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Navy and the Marine Corps, as 
authorized by law; and not to exceed $4,525,000 can be used for 
emergencies and extraordinary expenses, to be expended on the approval 
or authority of the Secretary of the Navy, and payments may be made on 
his certificate of necessity for confidential military purposes, 
$29,687,245,000.

                 Operation and Maintenance, Marine Corps

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Marine Corps, as authorized by law, 
$3,629,901,000.

                  Operation and Maintenance, Air Force

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Air Force, as authorized by law; and 
not to exceed $7,699,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of the Air Force, and payments may be made on his certificate of 
necessity for confidential military purposes, $28,113,533,000: Provided, 
That notwithstanding any other provision of law, that of the funds 
available under this heading, $750,000 shall only be available to the 
Secretary of the Air Force for a grant to Florida Memorial College for 
the purpose of funding minority aviation training.

                 Operation and Maintenance, Defense-Wide


                      (including transfer of funds)


    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of activities and agencies of the Department 
of Defense (other than the military departments), as authorized by law, 
$17,449,619,000: Provided, That not more than $25,000,000 may be used 
for the Combatant Commander Initiative Fund authorized under section 
166a of title 10, United States Code, and of which not to exceed 
$32,000,000 can be used for emergencies and extraordinary expenses, to 
be expended on the approval or authority of the Secretary of Defense, 
and payments may be made on his certificate of necessity for 
confidential military purposes: Provided further, That notwithstanding 
any other provision of law, of the funds provided in this Act for Civil 
Military programs under this heading, $500,000 shall be available for a 
grant for Outdoor Odyssey, Roaring Run, Pennsylvania, to support the 
Youth Development and Leadership program and Department of Defense 
STARBASE program: Provided further, That of the funds made available 
under this heading, $2,550,000 shall be available only for a Washington-
based internship and immersion program to allow U.S. Asian-American 
Pacific Islander undergraduate college and university students from 
economically disadvantaged

[[Page 118 STAT. 955]]

backgrounds to participate in academic and educational programs in the 
Department of Defense and related Federal defense agencies: Provided 
further, That notwithstanding any other provision of law, the Office of 
Economic Adjustment of the Department of Defense may make grants and 
supplement other Federal funds using funds made available by this Act 
under this heading in accordance with the guidance provided in the Joint 
Explanatory Statement of the Committee of the Conference for the 
Conference Report to accompany H.R. 4613 and these projects shall 
hereafter be considered to be authorized by law: Provided further, That 
of the funds provided under this heading that are available for 
commercial imagery purchases, $500,000 shall be used by the National 
Geospatial-Intelligence Agency to pay for imagery and high-resolution 
terrain data collected in 2003 in support of the California wildfires: 
Provided further, That of the funds provided under this heading not less 
than $27,000,000 shall be made available for the Procurement Technical 
Assistance Cooperative Agreement Program, of which not less than 
$3,600,000 shall be available for centers defined in 10 U.S.C. 
2411(1)(D): Provided further, That none of the funds appropriated or 
otherwise made available by this Act may be used to plan or implement 
the consolidation of a budget or appropriations liaison office of the 
Office of the Secretary of Defense, the office of the Secretary of a 
military department, or the service headquarters of one of the Armed 
Forces into a legislative affairs or legislative liaison office: 
Provided further, That $4,000,000, to remain available until expended, 
is available only for expenses relating to certain classified 
activities, and may be transferred as necessary by the Secretary to 
operation and maintenance appropriations or research, development, test 
and evaluation appropriations, to be merged with and to be available for 
the same time period as the appropriations to which transferred: 
Provided further, That any ceiling on the investment item unit cost of 
items that may be purchased with operation and maintenance funds shall 
not apply to the funds described in the preceding proviso: Provided 
further, That the transfer authority provided under this heading is in 
addition to any other transfer authority provided elsewhere in this Act.

                 Operation and Maintenance, Army Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Army Reserve; repair of facilities and equipment; 
hire of passenger motor vehicles; travel and transportation; care of the 
dead; recruiting; procurement of services, supplies, and equipment; and 
communications, $1,991,128,000.

                 Operation and Maintenance, Navy Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Navy Reserve; repair of facilities and equipment; 
hire of passenger motor vehicles; travel and transportation; care of the 
dead; recruiting; procurement of services, supplies, and equipment; and 
communications, $1,237,638,000.

[[Page 118 STAT. 956]]

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