118 STAT. 2100 PUBLIC LAW 108–375—OCT. 28, 2004 SEC. 1509. MILITARY PERSONNEL. There is hereby authorized to be appropriated to the Depart ment of Defense for military personnel accounts for fiscal year 2005 a total of $1,250,000,000. SEC. 1510. TREATMENT AS ADDITIONAL AUTHORIZATIONS. The amounts authorized to be appropriated by this title are in addition to amounts otherwise authorized to be appropriated by this Act. SEC. 1511. TRANSFER AUTHORITY. (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—(1) Upon deter mination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this title for fiscal year 2005 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred. (2) The total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $1,500,000,000. The transfer authority provided in this section is in addition to any other transfer authority available to the Secretary of Defense. (b) LIMITATIONS.—The authority provided by this section to transfer authorizations— (1) may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; (2) may not be used to provide authority for an item that has been denied authorization by Congress; and (3) may not be combined with the authority under section 1001. (c) EFFECT ON AUTHORIZATION AMOUNTS.—A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred. (d) NOTICE TO CONGRESS.—A transfer may be made under the authority of this section only after the Secretary of Defense— (1) consults with the chairmen and ranking members of the congressional defense committees with respect to the pro posed transfer; and (2) after such consultation, notifies those committees in writing of the proposed transfer not less than five days before the transfer is made. DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS SEC. 2001. SHORT TITLE. This division may be cited as the ‘‘Military Construction Authorization Act for Fiscal Year 2005’’. Military Construction Authorization Act for Fiscal Year 2005.
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