IB 

Union Calendar No. 96

108TH CONGRESS 

1ST SESSION H. R. 2658

[Report No. 108–187] 

Making appropriations for the Department of Defense for the fiscal year 

ending September 30, 2004, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 2, 2003

Mr. LEWIS of California, from the Committee on Appropriations, reported the 

following bill; which was committed to the Committee of the Whole House 

on the State of the Union and ordered to be printed 

A BILL

Making appropriations for the Department of Defense for 

the fiscal year ending September 30, 2004, and for other 

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2004, for military func6 tions administered by the Department of Defense and for 

7 other purposes, namely:
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1 TITLE I 

2 MILITARY PERSONNEL 

3 MILITARY PERSONNEL, ARMY

4 For pay, allowances, individual clothing, subsistence, 

5 interest on deposits, gratuities, permanent change of sta6 tion travel (including all expenses thereof for organiza7 tional movements), and expenses of temporary duty travel 

8 between permanent duty stations, for members of the 

9 Army on active duty, (except members of reserve compo10 nents provided for elsewhere), cadets, and aviation cadets; 

11 and for payments pursuant to section 156 of Public Law 

12 97–377, as amended (42 U.S.C. 402 note), and to the De13 partment of Defense Military Retirement Fund, 

14 $28,233,436,000. 

15 MILITARY PERSONNEL, NAVY

16 For pay, allowances, individual clothing, subsistence, 

17 interest on deposits, gratuities, permanent change of sta18 tion travel (including all expenses thereof for organiza19 tional movements), and expenses of temporary duty travel 

20 between permanent duty stations, for members of the 

21 Navy on active duty (except members of the Reserve pro22 vided for elsewhere), midshipmen, and aviation cadets; and 

23 for payments pursuant to section 156 of Public Law 97–

24 377, as amended (42 U.S.C. 402 note), and to the Depart-
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1 ment of Defense Military Retirement Fund, 

2 $23,052,001,000. 

3 MILITARY PERSONNEL, MARINE CORPS

4 For pay, allowances, individual clothing, subsistence, 

5 interest on deposits, gratuities, permanent change of sta6 tion travel (including all expenses thereof for organiza7 tional movements), and expenses of temporary duty travel 

8 between permanent duty stations, for members of the Ma9 rine Corps on active duty (except members of the Reserve 

10 provided for elsewhere); and for payments pursuant to sec11 tion 156 of Public Law 97–377, as amended (42 U.S.C. 

12 402 note), and to the Department of Defense Military Re13 tirement Fund, $8,962,197,000. 

14 MILITARY PERSONNEL, AIR FORCE

15 For pay, allowances, individual clothing, subsistence, 

16 interest on deposits, gratuities, permanent change of sta17 tion travel (including all expenses thereof for organiza18 tional movements), and expenses of temporary duty travel 

19 between permanent duty stations, for members of the Air 

20 Force on active duty (except members of reserve compo21 nents provided for elsewhere), cadets, and aviation cadets; 

22 and for payments pursuant to section 156 of Public Law 

23 97–377, as amended (42 U.S.C. 402 note), and to the De24 partment of Defense Military Retirement Fund, 

25 $23,121,003,000. 
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1 RESERVE PERSONNEL, ARMY

2 For pay, allowances, clothing, subsistence, gratuities, 

3 travel, and related expenses for personnel of the Army Re4 serve on active duty under sections 10211, 10302, and 

5 3038 of title 10, United States Code, or while serving on 

6 active duty under section 12301(d) of title 10, United 

7 States Code, in connection with performing duty specified 

8 in section 12310(a) of title 10, United States Code, or 

9 while undergoing reserve training, or while performing 

10 drills or equivalent duty or other duty, and for members 

11 of the Reserve Officers’ Training Corps, and expenses au12 thorized by section 16131 of title 10, United States Code; 

13 and for payments to the Department of Defense Military 

14 Retirement Fund, $3,568,625,000. 

15 RESERVE PERSONNEL, NAVY

16 For pay, allowances, clothing, subsistence, gratuities, 

17 travel, and related expenses for personnel of the Navy Re18 serve on active duty under section 10211 of title 10, 

19 United States Code, or while serving on active duty under 

20 section 12301(d) of title 10, United States Code, in con21 nection with performing duty specified in section 12310(a) 

22 of title 10, United States Code, or while undergoing re23 serve training, or while performing drills or equivalent 

24 duty, and for members of the Reserve Officers’ Training 

25 Corps, and expenses authorized by section 16131 of title 
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1 10, United States Code; and for payments to the Depart2 ment of Defense Military Retirement Fund, 

3 $1,983,153,000. 

4 RESERVE PERSONNEL, MARINE CORPS

5 For pay, allowances, clothing, subsistence, gratuities, 

6 travel, and related expenses for personnel of the Marine 

7 Corps Reserve on active duty under section 10211 of title 

8 10, United States Code, or while serving on active duty 

9 under section 12301(d) of title 10, United States Code, 

10 in connection with performing duty specified in section 

11 12310(a) of title 10, United States Code, or while under12 going reserve training, or while performing drills or equiv13 alent duty, and for members of the Marine Corps platoon 

14 leaders class, and expenses authorized by section 16131 

15 of title 10, United States Code; and for payments to the 

16 Department of Defense Military Retirement Fund, 

17 $571,444,000. 

18 RESERVE PERSONNEL, AIR FORCE

19 For pay, allowances, clothing, subsistence, gratuities, 

20 travel, and related expenses for personnel of the Air Force 

21 Reserve on active duty under sections 10211, 10305, and 

22 8038 of title 10, United States Code, or while serving on 

23 active duty under section 12301(d) of title 10, United 

24 States Code, in connection with performing duty specified 

25 in section 12310(a) of title 10, United States Code, or 
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1 while undergoing reserve training, or while performing 

2 drills or equivalent duty or other duty, and for members 

3 of the Air Reserve Officers’ Training Corps, and expenses 

4 authorized by section 16131 of title 10, United States 

5 Code; and for payments to the Department of Defense 

6 Military Retirement Fund, $1,267,888,000. 

7 NATIONAL GUARD PERSONNEL, ARMY

8 For pay, allowances, clothing, subsistence, gratuities, 

9 travel, and related expenses for personnel of the Army Na10 tional Guard while on duty under section 10211, 10302, 

11 or 12402 of title 10 or section 708 of title 32, United 

12 States Code, or while serving on duty under section 

13 12301(d) of title 10 or section 502(f) of title 32, United 

14 States Code, in connection with performing duty specified 

15 in section 12310(a) of title 10, United States Code, or 

16 while undergoing training, or while performing drills or 

17 equivalent duty or other duty, and expenses authorized by 

18 section 16131 of title 10, United States Code; and for pay19 ments to the Department of Defense Military Retirement 

20 Fund, $5,382,719,000. 

21 NATIONAL GUARD PERSONNEL, AIR FORCE

22 For pay, allowances, clothing, subsistence, gratuities, 

23 travel, and related expenses for personnel of the Air Na24 tional Guard on duty under section 10211, 10305, or 

25 12402 of title 10 or section 708 of title 32, United States 
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1 Code, or while serving on duty under section 12301(d) of 

2 title 10 or section 502(f) of title 32, United States Code, 

3 in connection with performing duty specified in section 

4 12310(a) of title 10, United States Code, or while under5 going training, or while performing drills or equivalent 

6 duty or other duty, and expenses authorized by section 

7 16131 of title 10, United States Code; and for payments 

8 to the Department of Defense Military Retirement Fund, 

9 $2,140,598,000. 

10 TITLE II 

11 OPERATION AND MAINTENANCE 

12 OPERATION AND MAINTENANCE, ARMY

13 (INCLUDING TRANSFER OF FUNDS)

14 For expenses, not otherwise provided for, necessary 

15 for the operation and maintenance of the Army, as author16 ized by law; and not to exceed $11,034,000 can be used 

17 for emergencies and extraordinary expenses, to be ex18 pended on the approval or authority of the Secretary of 

19 the Army, and payments may be made on his certificate 

20 of necessity for confidential military purposes, 

21 $24,903,992,000: Provided, That of the funds appro22 priated in this paragraph, not less than $355,000,000 

23 shall be made available only for conventional ammunition 

24 care and maintenance: Provided further, That of funds 

25 made available under this heading, $2,500,000 shall be 
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1 available for Fort Baker, in accordance with the terms and 

2 conditions as provided under the heading ‘‘Operation and 

3 Maintenance, Army’’, in Public Law 107–117. 

4 OPERATION AND MAINTENANCE, NAVY

5 For expenses, not otherwise provided for, necessary 

6 for the operation and maintenance of the Navy and the 

7 Marine Corps, as authorized by law; and not to exceed 

8 $4,463,000 can be used for emergencies and extraordinary 

9 expenses, to be expended on the approval or authority of 

10 the Secretary of the Navy, and payments may be made 

11 on his certificate of necessity for confidential military pur12 poses, $28,060,240,000. 

13 OPERATION AND MAINTENANCE, MARINE CORPS

14 For expenses, not otherwise provided for, necessary 

15 for the operation and maintenance of the Marine Corps, 

16 as authorized by law, $3,440,456,000. 

17 OPERATION AND MAINTENANCE, AIR FORCE

18 For expenses, not otherwise provided for, necessary 

19 for the operation and maintenance of the Air Force, as 

20 authorized by law; and not to exceed $7,801,000 can be 

21 used for emergencies and extraordinary expenses, to be ex22 pended on the approval or authority of the Secretary of 

23 the Air Force, and payments may be made on his certifi24 cate of necessity for confidential military purposes, 

25 $26,689,043,000: Provided, That notwithstanding any 
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1 other provision of law, that of the funds available under 

2 this heading, $750,000 shall only be available to the Sec3 retary of the Air Force for a grant to Florida Memorial 

4 College for the purpose of funding minority aviation train5 ing. 

6 OPERATION AND MAINTENANCE, DEFENSE-WIDE

7 (INCLUDING TRANSFER OF FUNDS)

8 For expenses, not otherwise provided for, necessary 

9 for the operation and maintenance of activities and agen10 cies of the Department of Defense (other than the military 

11 departments), as authorized by law, $16,124,455,000, of 

12 which not to exceed $25,000,000 may be available for the 

13 CINC initiative fund account; and of which not to exceed 

14 $34,500,000 can be used for emergencies and extraor15 dinary expenses, to be expended on the approval or author16 ity of the Secretary of Defense, and payments may be 

17 made on his certificate of necessity for confidential mili18 tary purposes: Provided, That notwithstanding any other 

19 provision of law, of the funds provided in this Act for Civil 

20 Military programs under this heading, $500,000 shall be 

21 available for a grant for Outdoor Odyssey, Roaring Run, 

22 Pennsylvania, to support the Youth Development and 

23 Leadership program and Department of Defense 

24 STARBASE program: Provided further, That none of the 

25 funds appropriated or otherwise made available by this 
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1 Act may be used to plan or implement the consolidation 

2 of a budget or appropriations liaison office of the Office 

3 of the Secretary of Defense, the office of the Secretary 

4 of a military department, or the service headquarters of 

5 one of the Armed Forces into a legislative affairs or legis6 lative liaison office: Provided further, That $4,700,000, to 

7 remain available until expended, is available only for ex8 penses relating to certain classified activities, and may be 

9 transferred as necessary by the Secretary to operation and 

10 maintenance appropriations or research, development, test 

11 and evaluation appropriations, to be merged with and to 

12 be available for the same time period as the appropriations 

13 to which transferred: Provided further, That any ceiling 

14 on the investment item unit cost of items that may be pur15 chased with operation and maintenance funds shall not 

16 apply to the funds described in the preceding proviso: Pro17 vided further, That the transfer authority provided under 

18 this heading is in addition to any other transfer authority 

19 provided elsewhere in this Act.

20 OPERATION AND MAINTENANCE, ARMY RESERVE

21 For expenses, not otherwise provided for, necessary 

22 for the operation and maintenance, including training, or23 ganization, and administration, of the Army Reserve; re24 pair of facilities and equipment; hire of passenger motor 

25 vehicles; travel and transportation; care of the dead; re-
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1 cruiting; procurement of services, supplies, and equip2 ment; and communications, $2,031,309,000. 

3 OPERATION AND MAINTENANCE, NAVY RESERVE

4 For expenses, not otherwise provided for, necessary 

5 for the operation and maintenance, including training, or6 ganization, and administration, of the Navy Reserve; re7 pair of facilities and equipment; hire of passenger motor 

8 vehicles; travel and transportation; care of the dead; re9 cruiting; procurement of services, supplies, and equip10 ment; and communications, $1,171,921,000. 

11 OPERATION AND MAINTENANCE, MARINE CORPS

12 RESERVE

13 For expenses, not otherwise provided for, necessary 

14 for the operation and maintenance, including training, or15 ganization, and administration, of the Marine Corps Re16 serve; repair of facilities and equipment; hire of passenger 

17 motor vehicles; travel and transportation; care of the dead; 

18 recruiting; procurement of services, supplies, and equip19 ment; and communications, $173,952,000. 

20 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

21 For expenses, not otherwise provided for, necessary 

22 for the operation and maintenance, including training, or23 ganization, and administration, of the Air Force Reserve; 

24 repair of facilities and equipment; hire of passenger motor 

25 vehicles; travel and transportation; care of the dead; re-
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1 cruiting; procurement of services, supplies, and equip2 ment; and communications, $2,144,188,000. 

3 OPERATION AND MAINTENANCE, ARMY NATIONAL

4 GUARD

5 For expenses of training, organizing, and admin6 istering the Army National Guard, including medical and 

7 hospital treatment and related expenses in non-Federal 

8 hospitals; maintenance, operation, and repairs to struc9 tures and facilities; hire of passenger motor vehicles; per10 sonnel services in the National Guard Bureau; travel ex11 penses (other than mileage), as authorized by law for 

12 Army personnel on active duty, for Army National Guard 

13 division, regimental, and battalion commanders while in14 specting units in compliance with National Guard Bureau 

15 regulations when specifically authorized by the Chief, Na16 tional Guard Bureau; supplying and equipping the Army 

17 National Guard as authorized by law; and expenses of re18 pair, modification, maintenance, and issue of supplies and 

19 equipment (including aircraft), $4,325,231,000. 

20 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

21 For operation and maintenance of the Air National 

22 Guard, including medical and hospital treatment and re23 lated expenses in non-Federal hospitals; maintenance, op24 eration, repair, and other necessary expenses of facilities 

25 for the training and administration of the Air National 
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1 Guard, including repair of facilities, maintenance, oper2 ation, and modification of aircraft; transportation of 

3 things, hire of passenger motor vehicles; supplies, mate4 rials, and equipment, as authorized by law for the Air Na5 tional Guard; and expenses incident to the maintenance 

6 and use of supplies, materials, and equipment, including 

7 such as may be furnished from stocks under the control 

8 of agencies of the Department of Defense; travel expenses 

9 (other than mileage) on the same basis as authorized by 

10 law for Air National Guard personnel on active Federal 

11 duty, for Air National Guard commanders while inspecting 

12 units in compliance with National Guard Bureau regula13 tions when specifically authorized by the Chief, National 

14 Guard Bureau, $4,424,046,000. 

15 OVERSEAS CONTINGENCY OPERATIONS TRANSFER

16 ACCOUNT

17 (INCLUDING TRANSFER OF FUNDS)

18 For expenses directly relating to Overseas Contin19 gency Operations by United States military forces, 

20 $5,000,000, to remain available until expended: Provided, 

21 That the Secretary of Defense may transfer these funds 

22 only to military personnel accounts; operation and mainte23 nance accounts within this title; the Defense Health Pro24 gram appropriation; procurement accounts; research, de25 velopment, test and evaluation accounts; and to working 
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1 capital funds: Provided further, That the funds transferred 

2 shall be merged with and shall be available for the same 

3 purposes and for the same time period, as the appropria4 tion to which transferred: Provided further, That upon de5 termination that all or part of the funds transferred from 

6 this appropriation are not necessary for the purposes pro7 vided herein, such amounts may be transferred back to 

8 this appropriation: Provided further, That the transfer au9 thority provided in this paragraph is in addition to any 

10 other transfer authority contained elsewhere in this Act. 

11 UNITED STATES COURT OF APPEALS FOR THE ARMED

12 FORCES

13 For salaries and expenses necessary for the United 

14 States Court of Appeals for the Armed Forces, 

15 $10,333,000, of which not to exceed $2,500 can be used 

16 for official representation purposes. 

17 ENVIRONMENTAL RESTORATION, ARMY

18 (INCLUDING TRANSFER OF FUNDS)

19 For the Department of the Army, $396,018,000, to 

20 remain available until transferred: Provided, That the Sec21 retary of the Army shall, upon determining that such 

22 funds are required for environmental restoration, reduc23 tion and recycling of hazardous waste, removal of unsafe 

24 buildings and debris of the Department of the Army, or 

25 for similar purposes, transfer the funds made available by 
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1 this appropriation to other appropriations made available 

2 to the Department of the Army, to be merged with and 

3 to be available for the same purposes and for the same 

4 time period as the appropriations to which transferred: 

5 Provided further, That upon a determination that all or 

6 part of the funds transferred from this appropriation are 

7 not necessary for the purposes provided herein, such 

8 amounts may be transferred back to this appropriation. 

9 ENVIRONMENTAL RESTORATION, NAVY

10 (INCLUDING TRANSFER OF FUNDS)

11 For the Department of the Navy, $256,153,000, to 

12 remain available until transferred: Provided, That the Sec13 retary of the Navy shall, upon determining that such 

14 funds are required for environmental restoration, reduc15 tion and recycling of hazardous waste, removal of unsafe 

16 buildings and debris of the Department of the Navy, or 

17 for similar purposes, transfer the funds made available by 

18 this appropriation to other appropriations made available 

19 to the Department of the Navy, to be merged with and 

20 to be available for the same purposes and for the same 

21 time period as the appropriations to which transferred: 

22 Provided further, That upon a determination that all or 

23 part of the funds transferred from this appropriation are 

24 not necessary for the purposes provided herein, such 

25 amounts may be transferred back to this appropriation. 
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1 ENVIRONMENTAL RESTORATION, AIR FORCE

2 (INCLUDING TRANSFER OF FUNDS)

3 For the Department of the Air Force, $384,307,000, 

4 to remain available until transferred: Provided, That the 

5 Secretary of the Air Force shall, upon determining that 

6 such funds are required for environmental restoration, re7 duction and recycling of hazardous waste, removal of un8 safe buildings and debris of the Department of the Air 

9 Force, or for similar purposes, transfer the funds made 

10 available by this appropriation to other appropriations 

11 made available to the Department of the Air Force, to be 

12 merged with and to be available for the same purposes 

13 and for the same time period as the appropriations to 

14 which transferred: Provided further, That upon a deter15 mination that all or part of the funds transferred from 

16 this appropriation are not necessary for the purposes pro17 vided herein, such amounts may be transferred back to 

18 this appropriation. 

19 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

20 (INCLUDING TRANSFER OF FUNDS)

21 For the Department of Defense, $24,081,000, to re22 main available until transferred: Provided, That the Sec23 retary of Defense shall, upon determining that such funds 

24 are required for environmental restoration, reduction and 

25 recycling of hazardous waste, removal of unsafe buildings 
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1 and debris of the Department of Defense, or for similar 

2 purposes, transfer the funds made available by this appro3 priation to other appropriations made available to the De4 partment of Defense, to be merged with and to be avail5 able for the same purposes and for the same time period 

6 as the appropriations to which transferred: Provided fur7 ther, That upon a determination that all or part of the 

8 funds transferred from this appropriation are not nec9 essary for the purposes provided herein, such amounts 

10 may be transferred back to this appropriation. 

11 ENVIRONMENTAL RESTORATION, FORMERLY USED

12 DEFENSE SITES

13 (INCLUDING TRANSFER OF FUNDS)

14 For the Department of the Army, $221,369,000, to 

15 remain available until transferred: Provided, That the Sec16 retary of the Army shall, upon determining that such 

17 funds are required for environmental restoration, reduc18 tion and recycling of hazardous waste, removal of unsafe 

19 buildings and debris at sites formerly used by the Depart20 ment of Defense, transfer the funds made available by this 

21 appropriation to other appropriations made available to 

22 the Department of the Army, to be merged with and to 

23 be available for the same purposes and for the same time 

24 period as the appropriations to which transferred: Pro25 vided further, That upon a determination that all or part 
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1 of the funds transferred from this appropriation are not 

2 necessary for the purposes provided herein, such amounts 

3 may be transferred back to this appropriation. 

4 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

5 For expenses relating to the Overseas Humanitarian, 

6 Disaster, and Civic Aid programs of the Department of 

7 Defense (consisting of the programs provided under sec8 tions 401, 402, 404, 2547, and 2561 of title 10, United 

9 States Code), $59,000,000, to remain available until Sep10 tember 30, 2005. 

11 FORMER SOVIET UNION THREAT REDUCTION

12 For assistance to the republics of the former Soviet 

13 Union, including assistance provided by contract or by 

14 grants, for facilitating the elimination and the safe and 

15 secure transportation and storage of nuclear, chemical and 

16 other weapons; for establishing programs to prevent the 

17 proliferation of weapons, weapons components, and weap18 on-related technology and expertise; for programs relating 

19 to the training and support of defense and military per20 sonnel for demilitarization and protection of weapons, 

21 weapons components and weapons technology and exper22 tise, and for defense and military contacts, $450,800,000, 

23 to remain available until September 30, 2006. 
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1 TITLE III 

2 PROCUREMENT 

3 AIRCRAFT PROCUREMENT, ARMY

4 For construction, procurement, production, modifica5 tion, and modernization of aircraft, equipment, including 

6 ordnance, ground handling equipment, spare parts, and 

7 accessories therefor; specialized equipment and training 

8 devices; expansion of public and private plants, including 

9 the land necessary therefor, for the foregoing purposes, 

10 and such lands and interests therein, may be acquired, 

11 and construction prosecuted thereon prior to approval of 

12 title; and procurement and installation of equipment, ap13 pliances, and machine tools in public and private plants; 

14 reserve plant and Government and contractor-owned 

15 equipment layaway; and other expenses necessary for the 

16 foregoing purposes, $2,180,785,000, to remain available 

17 for obligation until September 30, 2006. 

18 MISSILE PROCUREMENT, ARMY

19 For construction, procurement, production, modifica20 tion, and modernization of missiles, equipment, including 

21 ordnance, ground handling equipment, spare parts, and 

22 accessories therefor; specialized equipment and training 

23 devices; expansion of public and private plants, including 

24 the land necessary therefor, for the foregoing purposes, 

25 and such lands and interests therein, may be acquired, 
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1 and construction prosecuted thereon prior to approval of 

2 title; and procurement and installation of equipment, ap3 pliances, and machine tools in public and private plants; 

4 reserve plant and Government and contractor-owned 

5 equipment layaway; and other expenses necessary for the 

6 foregoing purposes, $1,533,462,000, to remain available 

7 for obligation until September 30, 2006. 

8 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

9 VEHICLES, ARMY

10 For construction, procurement, production, and 

11 modification of weapons and tracked combat vehicles, 

12 equipment, including ordnance, spare parts, and acces13 sories therefor; specialized equipment and training devices; 

14 expansion of public and private plants, including the land 

15 necessary therefor, for the foregoing purposes, and such 

16 lands and interests therein, may be acquired, and con17 struction prosecuted thereon prior to approval of title; and 

18 procurement and installation of equipment, appliances, 

19 and machine tools in public and private plants; reserve 

20 plant and Government and contractor-owned equipment 

21 layaway; and other expenses necessary for the foregoing 

22 purposes, $1,956,504,000, to remain available for obliga23 tion until September 30, 2006: Provided, That of the 

24 funds made available under this heading, $35,000,000 
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1 shall be available only for advance procurement items for 

2 the fifth and sixth Stryker Brigade Combat Teams. 

3 PROCUREMENT OF AMMUNITION, ARMY

4 For construction, procurement, production, and 

5 modification of ammunition, and accessories therefor; spe6 cialized equipment and training devices; expansion of pub7 lic and private plants, including ammunition facilities au8 thorized by section 2854 of title 10, United States Code, 

9 and the land necessary therefor, for the foregoing pur10 poses, and such lands and interests therein, may be ac11 quired, and construction prosecuted thereon prior to ap12 proval of title; and procurement and installation of equip13 ment, appliances, and machine tools in public and private 

14 plants; reserve plant and Government and contractor15 owned equipment layaway; and other expenses necessary 

16 for the foregoing purposes, $1,355,466,000, to remain 

17 available for obligation until September 30, 2006. 

18 OTHER PROCUREMENT, ARMY

19 For construction, procurement, production, and 

20 modification of vehicles, including tactical, support, and 

21 non-tracked combat vehicles; the purchase of passenger 

22 motor vehicles for replacement only; and the purchase of 

23 4 vehicles required for physical security of personnel, not24 withstanding price limitations applicable to passenger ve25 hicles but not to exceed $180,000 per vehicle; communica-
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1 tions and electronic equipment; other support equipment; 

2 spare parts, ordnance, and accessories therefor; specialized 

3 equipment and training devices; expansion of public and 

4 private plants, including the land necessary therefor, for 

5 the foregoing purposes, and such lands and interests 

6 therein, may be acquired, and construction prosecuted 

7 thereon prior to approval of title; and procurement and 

8 installation of equipment, appliances, and machine tools 

9 in public and private plants; reserve plant and Govern10 ment and contractor-owned equipment layaway; and other 

11 expenses necessary for the foregoing purposes, 

12 $4,547,596,000, to remain available for obligation until 

13 September 30, 2006. 

14 AIRCRAFT PROCUREMENT, NAVY

15 For construction, procurement, production, modifica16 tion, and modernization of aircraft, equipment, including 

17 ordnance, spare parts, and accessories therefor; specialized 

18 equipment; expansion of public and private plants, includ19 ing the land necessary therefor, and such lands and inter20 ests therein, may be acquired, and construction prosecuted 

21 thereon prior to approval of title; and procurement and 

22 installation of equipment, appliances, and machine tools 

23 in public and private plants; reserve plant and Govern24 ment and contractor-owned equipment layaway, 
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1 $9,030,148,000, to remain available for obligation until 

2 September 30, 2006. 

3 WEAPONS PROCUREMENT, NAVY

4 For construction, procurement, production, modifica5 tion, and modernization of missiles, torpedoes, other weap6 ons, and related support equipment including spare parts, 

7 and accessories therefor; expansion of public and private 

8 plants, including the land necessary therefor, and such 

9 lands and interests therein, may be acquired, and con10 struction prosecuted thereon prior to approval of title; and 

11 procurement and installation of equipment, appliances, 

12 and machine tools in public and private plants; reserve 

13 plant and Government and contractor-owned equipment 

14 layaway, $2,205,634,000, to remain available for obliga15 tion until September 30, 2006. 

16 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

17 CORPS

18 For construction, procurement, production, and 

19 modification of ammunition, and accessories therefor; spe20 cialized equipment and training devices; expansion of pub21 lic and private plants, including ammunition facilities au22 thorized by section 2854 of title 10, United States Code, 

23 and the land necessary therefor, for the foregoing pur24 poses, and such lands and interests therein, may be ac25 quired, and construction prosecuted thereon prior to ap-
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1 proval of title; and procurement and installation of equip2 ment, appliances, and machine tools in public and private 

3 plants; reserve plant and Government and contractor4 owned equipment layaway; and other expenses necessary 

5 for the foregoing purposes, $941,855,000, to remain avail6 able for obligation until September 30, 2006. 

7 SHIPBUILDING AND CONVERSION, NAVY

8 For expenses necessary for the construction, acquisi9 tion, or conversion of vessels as authorized by law, includ10 ing armor and armament thereof, plant equipment, appli11 ances, and machine tools and installation thereof in public 

12 and private plants; reserve plant and Government and con13 tractor-owned equipment layaway; procurement of critical, 

14 long leadtime components and designs for vessels to be 

15 constructed or converted in the future; and expansion of 

16 public and private plants, including land necessary there17 for, and such lands and interests therein, may be acquired, 

18 and construction prosecuted thereon prior to approval of 

19 title, as follows: 

20 Carrier Replacement Program, $1,186,564,000; 

21 Virginia Class Submarine, $2,123,221,000; 

22 SSGN Conversion, $1,167,300,000; 

23 Cruiser Conversion, $194,440,000; 

24 CVN Refueling Overhauls, $367,832,000; 

25 Submarine Refueling Overhauls, $123,372,000; 
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1 DDG–51, $3,198,311,000; 

2 LHD–1 Amphibious Assault Ship, 

3 $355,006,000; 

4 LPD–17, $1,367,034,000; 

5 Minehunter, SWATH, $9,000,000; 

6 Service Craft, $39,480,000; 

7 Landing Craft Air Cushion, LCAC, 

8 $73,087,000; 

9 Prior Year Shipbuilding Program, 

10 $899,502,000; and 

11 For outfitting, post delivery, conversions, and 

12 first destination transportation, $348,949,000. 

13 In all: $11,453,098,000, to remain available for obligation 

14 until September 30, 2008: Provided, That additional obli15 gations may be incurred after September 30, 2008, for 

16 engineering services, tests, evaluations, and other such 

17 budgeted work that must be performed in the final stage 

18 of ship construction: Provided further, That none of the 

19 funds provided under this heading for the construction or 

20 conversion of any naval vessel to be constructed in ship21 yards in the United States shall be expended in foreign 

22 facilities for the construction of major components of such 

23 vessel: Provided further, That none of the funds provided 

24 under this heading shall be used for the construction of 

25 any naval vessel in foreign shipyards. 
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1 OTHER PROCUREMENT, NAVY

2 For procurement, production, and modernization of 

3 support equipment and materials not otherwise provided 

4 for, Navy ordnance (except ordnance for new aircraft, new 

5 ships, and ships authorized for conversion); the purchase 

6 of passenger motor vehicles for replacement only, and the 

7 purchase of 2 vehicles required for physical security of 

8 personnel, notwithstanding price limitations applicable to 

9 passenger carrying vehicles but not to exceed $245,000 

10 per unit; expansion of public and private plants, including 

11 the land necessary therefor, and such lands and interests 

12 therein, may be acquired, and construction prosecuted 

13 thereon prior to approval of title; and procurement and 

14 installation of equipment, appliances, and machine tools 

15 in public and private plants; reserve plant and Govern16 ment and contractor-owned equipment layaway, 

17 $4,784,742,000, to remain available for obligation until 

18 September 30, 2006. 

19 PROCUREMENT, MARINE CORPS

20 For expenses necessary for the procurement, manu21 facture, and modification of missiles, armament, military 

22 equipment, spare parts, and accessories therefor; plant 

23 equipment, appliances, and machine tools, and installation 

24 thereof in public and private plants; reserve plant and 

25 Government and contractor-owned equipment layaway; ve-
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1 hicles for the Marine Corps, including the purchase of pas2 senger motor vehicles for replacement only; and expansion 

3 of public and private plants, including land necessary 

4 therefor, and such lands and interests therein, may be ac5 quired, and construction prosecuted thereon prior to ap6 proval of title, $1,200,499,000, to remain available for ob7 ligation until September 30, 2006. 

8 AIRCRAFT PROCUREMENT, AIR FORCE

9 For construction, procurement, and modification of 

10 aircraft and equipment, including armor and armament, 

11 specialized ground handling equipment, and training de12 vices, spare parts, and accessories therefor; specialized 

13 equipment; expansion of public and private plants, Gov14 ernment-owned equipment and installation thereof in such 

15 plants, erection of structures, and acquisition of land, for 

16 the foregoing purposes, and such lands and interests 

17 therein, may be acquired, and construction prosecuted 

18 thereon prior to approval of title; reserve plant and Gov19 ernment and contractor-owned equipment layaway; and 

20 other expenses necessary for the foregoing purposes in21 cluding rents and transportation of things, 

22 $11,877,051,000, to remain available for obligation until 

23 September 30, 2006. 
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1 MISSILE PROCUREMENT, AIR FORCE

2 For construction, procurement, and modification of 

3 missiles, spacecraft, rockets, and related equipment, in4 cluding spare parts and accessories therefor, ground han5 dling equipment, and training devices; expansion of public 

6 and private plants, Government-owned equipment and in7 stallation thereof in such plants, erection of structures, 

8 and acquisition of land, for the foregoing purposes, and 

9 such lands and interests therein, may be acquired, and 

10 construction prosecuted thereon prior to approval of title; 

11 reserve plant and Government and contractor-owned 

12 equipment layaway; and other expenses necessary for the 

13 foregoing purposes including rents and transportation of 

14 things, $4,235,505,000, to remain available for obligation 

15 until September 30, 2006. 

16 PROCUREMENT OF AMMUNITION, AIR FORCE

17 For construction, procurement, production, and 

18 modification of ammunition, and accessories therefor; spe19 cialized equipment and training devices; expansion of pub20 lic and private plants, including ammunition facilities au21 thorized by section 2854 of title 10, United States Code, 

22 and the land necessary therefor, for the foregoing pur23 poses, and such lands and interests therein, may be ac24 quired, and construction prosecuted thereon prior to ap25 proval of title; and procurement and installation of equip-
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1 ment, appliances, and machine tools in public and private 

2 plants; reserve plant and Government and contractor3 owned equipment layaway; and other expenses necessary 

4 for the foregoing purposes, $1,279,725,000, to remain 

5 available for obligation until September 30, 2006. 

6 OTHER PROCUREMENT, AIR FORCE

7 For procurement and modification of equipment (in8 cluding ground guidance and electronic control equipment, 

9 and ground electronic and communication equipment), 

10 and supplies, materials, and spare parts therefor, not oth11 erwise provided for; the purchase of passenger motor vehi12 cles for replacement only, and the purchase of 1 vehicle 

13 required for physical security of personnel, notwith14 standing price limitations applicable to passenger vehicles 

15 but not to exceed $243,000 per vehicle; lease of passenger 

16 motor vehicles; and expansion of public and private plants, 

17 Government-owned equipment and installation thereof in 

18 such plants, erection of structures, and acquisition of land, 

19 for the foregoing purposes, and such lands and interests 

20 therein, may be acquired, and construction prosecuted 

21 thereon, prior to approval of title; reserve plant and Gov22 ernment and contractor-owned equipment layaway, 

23 $11,195,159,000, to remain available for obligation until 

24 September 30, 2006. 
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1 PROCUREMENT, DEFENSE-WIDE

2 For expenses of activities and agencies of the Depart3 ment of Defense (other than the military departments) 

4 necessary for procurement, production, and modification 

5 of equipment, supplies, materials, and spare parts there6 for, not otherwise provided for; the purchase of passenger 

7 motor vehicles for replacement only, including not to ex8 ceed 3 passenger motor vehicles for the Defense Security 

9 Service; the purchase of 4 vehicles required for physical 

10 security of personnel, notwithstanding price limitations 

11 applicable to passenger vehicles but not to exceed 

12 $250,000 per vehicle; expansion of public and private 

13 plants, equipment, and installation thereof in such plants, 

14 erection of structures, and acquisition of land for the fore15 going purposes, and such lands and interests therein, may 

16 be acquired, and construction prosecuted thereon prior to 

17 approval of title; reserve plant and Government and con18 tractor-owned equipment layaway, $3,803,776,000, to re19 main available for obligation until September 30, 2006.

20 NATIONAL GUARDAND RESERVE EQUIPMENT

21 For procurement of aircraft, missiles, tracked combat 

22 vehicles, ammunition, other weapons, and other procure23 ment for the reserve components of the Armed Forces, 

24 $100,000,000, to remain available for obligation until Sep25 tember 30, 2006: Provided, That the Chiefs of the Reserve 
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1 and National Guard components shall, not later than 30 

2 days after the enactment of this Act, individually submit 

3 to the congressional defense committees the modernization 

4 priority assessment for their respective Reserve or Na5 tional Guard component. 

6 DEFENSE PRODUCTION ACT PURCHASES

7 For activities by the Department of Defense pursuant 

8 to sections 108, 301, 302, and 303 of the Defense Produc9 tion Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 

10 2093), $67,516,000, to remain available until expended. 

11 TITLE IV 

12 RESEARCH, DEVELOPMENT, TEST AND 

13 EVALUATION 

14 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

15 ARMY

16 For expenses necessary for basic and applied sci17 entific research, development, test and evaluation, includ18 ing maintenance, rehabilitation, lease, and operation of fa19 cilities and equipment, $10,186,272,000, to remain avail20 able for obligation until September 30, 2005: Provided,

21 That of the amounts provided under this heading, 

22 $10,000,000 for Molecular Genetics and Musculoskeletal 

23 Research in program element 0602787A, shall remain 

24 available until expended. 
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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

2 NAVY

3 For expenses necessary for basic and applied sci4 entific research, development, test and evaluation, includ5 ing maintenance, rehabilitation, lease, and operation of fa6 cilities and equipment, $14,666,239,000, to remain avail7 able for obligation until September 30, 2005: Provided,

8 That funds appropriated in this paragraph which are 

9 available for the V–22 may be used to meet unique oper10 ational requirements of the Special Operations Forces: 

11 Provided further, That funds appropriated in this para12 graph shall be available for the Cobra Judy program. 

13 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

14 AIR FORCE

15 For expenses necessary for basic and applied sci16 entific research, development, test and evaluation, includ17 ing maintenance, rehabilitation, lease, and operation of fa18 cilities and equipment, $20,704,267,000, to remain avail19 able for obligation until September 30, 2005. 

20 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

21 DEFENSE-WIDE

22 For expenses of activities and agencies of the Depart23 ment of Defense (other than the military departments), 

24 necessary for basic and applied scientific research, devel25 opment, test and evaluation; advanced research projects 
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1 as may be designated and determined by the Secretary 

2 of Defense, pursuant to law; maintenance, rehabilitation, 

3 lease, and operation of facilities and equipment, 

4 $18,763,791,000, to remain available for obligation until 

5 September 30, 2005. 

6 OPERATIONAL TEST AND EVALUATION, DEFENSE

7 For expenses, not otherwise provided for, necessary 

8 for the independent activities of the Director, Operational 

9 Test and Evaluation, in the direction and supervision of 

10 operational test and evaluation, including initial oper11 ational test and evaluation which is conducted prior to, 

12 and in support of, production decisions; joint operational 

13 testing and evaluation; and administrative expenses in 

14 connection therewith, $293,661,000, to remain available 

15 for obligation until September 30, 2005. 

16 TITLE V 

17 REVOLVING AND MANAGEMENT FUNDS 

18 DEFENSE WORKING CAPITAL FUNDS

19 For the Defense Working Capital Funds, 

20 $1,721,507,000. 

21 NATIONAL DEFENSE SEALIFT FUND

22 For National Defense Sealift Fund programs, 

23 projects, and activities, and for expenses of the National 

24 Defense Reserve Fleet, as established by section 11 of the 

25 Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744), 
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1 and for the necessary expenses to maintain and preserve 

2 a U.S.-flag merchant fleet to serve the national security 

3 needs of the United States, $1,066,462,000, to remain 

4 available until expended: Provided, That none of the funds 

5 provided in this paragraph shall be used to award a new 

6 contract that provides for the acquisition of any of the 

7 following major components unless such components are 

8 manufactured in the United States: auxiliary equipment, 

9 including pumps, for all shipboard services; propulsion 

10 system components (that is; engines, reduction gears, and 

11 propellers); shipboard cranes; and spreaders for shipboard 

12 cranes: Provided further, That the exercise of an option 

13 in a contract awarded through the obligation of previously 

14 appropriated funds shall not be considered to be the award 

15 of a new contract: Provided further, That the Secretary 

16 of the military department responsible for such procure17 ment may waive the restrictions in the first proviso on 

18 a case-by-case basis by certifying in writing to the Com19 mittees on Appropriations of the House of Representatives 

20 and the Senate that adequate domestic supplies are not 

21 available to meet Department of Defense requirements on 

22 a timely basis and that such an acquisition must be made 

23 in order to acquire capability for national security pur24 poses: Provided further, That, notwithstanding any other 

25 provision of law, $6,500,000 of the funds available under 
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1 this heading shall be available in addition to other 

2 amounts otherwise available, only to finance the cost of 

3 constructing additional sealift capacity.

4 TITLE VI 

5 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

6 DEFENSE HEALTH PROGRAM

7 For expenses, not otherwise provided for, for medical 

8 and health care programs of the Department of Defense, 

9 as authorized by law, $15,613,159,000, of which 

10 $14,874,037,000 shall be for Operation and maintenance, 

11 of which not to exceed 2 percent shall remain available 

12 until September 30, 2005; of which $328,826,000, to re13 main available for obligation until September 30, 2006, 

14 shall be for Procurement; and of which $410,296,000, to 

15 remain available for obligation until September 30, 2005, 

16 shall be for Research, development, test and evaluation. 

17 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

18 ARMY

19 For expenses, not otherwise provided for, necessary 

20 for the destruction of the United States stockpile of lethal 

21 chemical agents and munitions in accordance with the pro22 visions of section 1412 of the Department of Defense Au23 thorization Act, 1986 (50 U.S.C. 1521), and for the de24 struction of other chemical warfare materials that are not 

25 in the chemical weapon stockpile, $1,533,261,000, of 
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1 which $1,199,168,000 shall be for Operation and mainte2 nance to remain available until September 30, 2005; 

3 $79,212,000 shall be for Procurement to remain available 

4 until September 30, 2006; $254,881,000 shall be for Re5 search, development, test and evaluation to remain avail6 able until September 30, 2005; and no more than 

7 $132,677,000 may be for the Chemical Stockpile Emer8 gency Preparedness Program, of which $44,168,000 shall 

9 be for activities on military installations and $88,509,000 

10 shall be to assist state and local governments. 

11 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

12 DEFENSE

13 (INCLUDING TRANSFER OF FUNDS)

14 For drug interdiction and counter-drug activities of 

15 the Department of Defense, for transfer to appropriations 

16 available to the Department of Defense for military per17 sonnel of the reserve components serving under the provi18 sions of title 10 and title 32, United States Code; for Op19 eration and maintenance; for Procurement; and for Re20 search, development, test and evaluation, $817,371,000: 

21 Provided, That the funds appropriated under this heading 

22 shall be available for obligation for the same time period 

23 and for the same purpose as the appropriation to which 

24 transferred: Provided further, That upon a determination 

25 that all or part of the funds transferred from this appro-
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1 priation are not necessary for the purposes provided here2 in, such amounts may be transferred back to this appro3 priation: Provided further, That the transfer authority pro4 vided under this heading is in addition to any other trans5 fer authority contained elsewhere in this Act.

6 OFFICE OF THE INSPECTOR GENERAL

7 For expenses and activities of the Office of the In8 spector General in carrying out the provisions of the In9 spector General Act of 1978, as amended, $162,449,000, 

10 of which $160,049,000 shall be for Operation and mainte11 nance, of which not to exceed $700,000 is available for 

12 emergencies and extraordinary expenses to be expended on 

13 the approval or authority of the Inspector General, and 

14 payments may be made on the Inspector General’s certifi15 cate of necessity for confidential military purposes; and 

16 of which $300,000 to remain available until September 30, 

17 2005, shall be for Research, Development, Test and Eval18 uation; and of which $2,100,000, to remain available until 

19 September 30, 2006, shall be for Procurement. 

20 TITLE VII 

21 RELATED AGENCIES

22 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

23 DISABILITY SYSTEM FUND

24 For payment to the Central Intelligence Agency Re25 tirement and Disability System Fund, to maintain the 
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1 proper funding level for continuing the operation of the 

2 Central Intelligence Agency Retirement and Disability 

3 System, $226,400,000.

4 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

5 (INCLUDING TRANSFER OF FUNDS)

6 For necessary expenses of the Intelligence Commu7 nity Management Account, $170,640,000, of which 

8 $26,081,000 for the Advanced Research and Development 

9 Committee shall remain available until September 30, 

10 2005: Provided, That of the funds appropriated under this 

11 heading, $46,100,000 shall be transferred to the Depart12 ment of Justice for the National Drug Intelligence Center 

13 to support the Department of Defense’s counter-drug in14 telligence responsibilities, and of the said amount, 

15 $1,500,000 for Procurement shall remain available until 

16 September 30, 2006 and $1,000,000 for Research, devel17 opment, test and evaluation shall remain available until 

18 September 30, 2005: Provided further, That the National 

19 Drug Intelligence Center shall maintain the personnel and 

20 technical resources to provide timely support to law en21 forcement authorities and the intelligence community by 

22 conducting document and computer exploitation of mate23 rials collected in Federal, State, and local law enforcement 

24 activity associated with counter-drug, counter-terrorism, 

25 and national security investigations and operations. 
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1 NATIONAL SECURITY EDUCATION TRUST FUND

2 For the purposes of title VIII of Public Law 102–

3 183, $8,000,000, to be derived from the National Security 

4 Education Trust Fund, to remain available until ex5 pended. 

6 TITLE VIII 

7 GENERAL PROVISIONS 

8 SEC. 8001. No part of any appropriation contained 

9 in this Act shall be used for publicity or propaganda pur10 poses not authorized by the Congress. 

11 SEC. 8002. During the current fiscal year, provisions 

12 of law prohibiting the payment of compensation to, or em13 ployment of, any person not a citizen of the United States 

14 shall not apply to personnel of the Department of Defense: 

15 Provided, That salary increases granted to direct and indi16 rect hire foreign national employees of the Department of 

17 Defense funded by this Act shall not be at a rate in excess 

18 of the percentage increase authorized by law for civilian 

19 employees of the Department of Defense whose pay is 

20 computed under the provisions of section 5332 of title 5, 

21 United States Code, or at a rate in excess of the percent22 age increase provided by the appropriate host nation to 

23 its own employees, whichever is higher: Provided further,

24 That this section shall not apply to Department of De25 fense foreign service national employees serving at United 
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1 States diplomatic missions whose pay is set by the Depart2 ment of State under the Foreign Service Act of 1980: Pro3 vided further, That the limitations of this provision shall 

4 not apply to foreign national employees of the Department 

5 of Defense in the Republic of Turkey. 

6 SEC. 8003. No part of any appropriation contained 

7 in this Act shall remain available for obligation beyond 

8 the current fiscal year, unless expressly so provided herein. 

9 SEC. 8004. No more than 20 percent of the appro10 priations in this Act which are limited for obligation dur11 ing the current fiscal year shall be obligated during the 

12 last 2 months of the fiscal year: Provided, That this sec13 tion shall not apply to obligations for support of active 

14 duty training of reserve components or summer camp 

15 training of the Reserve Officers’ Training Corps. 

16 (TRANSFER OF FUNDS)

17 SEC. 8005. Upon determination by the Secretary of 

18 Defense that such action is necessary in the national inter19 est, he may, with the approval of the Office of Manage20 ment and Budget, transfer not to exceed $2,500,000,000 

21 of working capital funds of the Department of Defense 

22 or funds made available in this Act to the Department 

23 of Defense for military functions (except military con24 struction) between such appropriations or funds or any 

25 subdivision thereof, to be merged with and to be available 

26 for the same purposes, and for the same time period, as 
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1 the appropriation or fund to which transferred: Provided,

2 That such authority to transfer may not be used unless 

3 for higher priority items, based on unforeseen military re4 quirements, than those for which originally appropriated 

5 and in no case where the item for which funds are re6 quested has been denied by the Congress: Provided further,

7 That the Secretary of Defense shall notify the Congress 

8 promptly of all transfers made pursuant to this authority 

9 or any other authority in this Act: Provided further, That 

10 no part of the funds in this Act shall be available to pre11 pare or present a request to the Committees on Appropria12 tions for reprogramming of funds, unless for higher pri13 ority items, based on unforeseen military requirements, 

14 than those for which originally appropriated and in no 

15 case where the item for which reprogramming is requested 

16 has been denied by the Congress: Provided further, That 

17 a request for multiple reprogrammings of funds using au18 thority provided in this section must be made prior to May 

19 31, 2004. 

20 (TRANSFER OF FUNDS)

21 SEC. 8006. During the current fiscal year, cash bal22 ances in working capital funds of the Department of De23 fense established pursuant to section 2208 of title 10, 

24 United States Code, may be maintained in only such 

25 amounts as are necessary at any time for cash disburse26 ments to be made from such funds: Provided, That trans-
42

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1 fers may be made between such funds: Provided further,

2 That transfers may be made between working capital 

3 funds and the ‘‘Foreign Currency Fluctuations, Defense’’ 

4 appropriation and the ‘‘Operation and Maintenance’’ ap5 propriation accounts in such amounts as may be deter6 mined by the Secretary of Defense, with the approval of 

7 the Office of Management and Budget, except that such 

8 transfers may not be made unless the Secretary of Defense 

9 has notified the Congress of the proposed transfer. Except 

10 in amounts equal to the amounts appropriated to working 

11 capital funds in this Act, no obligations may be made 

12 against a working capital fund to procure or increase the 

13 value of war reserve material inventory, unless the Sec14 retary of Defense has notified the Congress prior to any 

15 such obligation. 

16 SEC. 8007. Funds appropriated by this Act may not 

17 be used to initiate a special access program without prior 

18 notification 30 calendar days in session in advance to the 

19 congressional defense committees. 

20 SEC. 8008. None of the funds provided in this Act 

21 shall be available to initiate: (1) a multiyear contract that 

22 employs economic order quantity procurement in excess of 

23 $20,000,000 in any 1 year of the contract or that includes 

24 an unfunded contingent liability in excess of $20,000,000; 

25 or (2) a contract for advance procurement leading to a 
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1 multiyear contract that employs economic order quantity 

2 procurement in excess of $20,000,000 in any 1 year, un3 less the congressional defense committees have been noti4 fied at least 30 days in advance of the proposed contract 

5 award: Provided, That no part of any appropriation con6 tained in this Act shall be available to initiate a multiyear 

7 contract for which the economic order quantity advance 

8 procurement is not funded at least to the limits of the 

9 Government’s liability: Provided further, That no part of 

10 any appropriation contained in this Act shall be available 

11 to initiate multiyear procurement contracts for any sys12 tems or component thereof if the value of the multiyear 

13 contract would exceed $500,000,000 unless specifically 

14 provided in this Act: Provided further, That no multiyear 

15 procurement contract can be terminated without 10-day 

16 prior notification to the congressional defense committees: 

17 Provided further, That the execution of multiyear author18 ity shall require the use of a present value analysis to de19 termine lowest cost compared to an annual procurement. 

20 Funds appropriated in title III of this Act may be 

21 used for multiyear procurement contracts as follows: 

22 F/A–18 aircraft; 

23 E–2C aircraft; and 

24 Tactical Tomahawk missile. 
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1 SEC. 8009. Within the funds appropriated for the op2 eration and maintenance of the Armed Forces, funds are 

3 hereby appropriated pursuant to section 401 of title 10, 

4 United States Code, for humanitarian and civic assistance 

5 costs under chapter 20 of title 10, United States Code. 

6 Such funds may also be obligated for humanitarian and 

7 civic assistance costs incidental to authorized operations 

8 and pursuant to authority granted in section 401 of chap9 ter 20 of title 10, United States Code, and these obliga10 tions shall be reported as required by section 401(d) of 

11 title 10, United States Code: Provided, That funds avail12 able for operation and maintenance shall be available for 

13 providing humanitarian and similar assistance by using 

14 Civic Action Teams in the Trust Territories of the Pacific 

15 Islands and freely associated states of Micronesia, pursu16 ant to the Compact of Free Association as authorized by 

17 Public Law 99–239: Provided further, That upon a deter18 mination by the Secretary of the Army that such action 

19 is beneficial for graduate medical education programs con20 ducted at Army medical facilities located in Hawaii, the 

21 Secretary of the Army may authorize the provision of med22 ical services at such facilities and transportation to such 

23 facilities, on a nonreimbursable basis, for civilian patients 

24 from American Samoa, the Commonwealth of the North-
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1 ern Mariana Islands, the Marshall Islands, the Federated 

2 States of Micronesia, Palau, and Guam. 

3 SEC. 8010. (a) During fiscal year 2004, the civilian 

4 personnel of the Department of Defense may not be man5 aged on the basis of any end-strength, and the manage6 ment of such personnel during that fiscal year shall not 

7 be subject to any constraint or limitation (known as an 

8 end-strength) on the number of such personnel who may 

9 be employed on the last day of such fiscal year. 

10 (b) The fiscal year 2005 budget request for the De11 partment of Defense as well as all justification material 

12 and other documentation supporting the fiscal year 2005 

13 Department of Defense budget request shall be prepared 

14 and submitted to the Congress as if subsections (a) and 

15 (b) of this provision were effective with regard to fiscal 

16 year 2005. 

17 (c) Nothing in this section shall be construed to apply 

18 to military (civilian) technicians. 

19 SEC. 8011. Notwithstanding any other provision of 

20 law, none of the funds made available by this Act shall 

21 be used by the Department of Defense to exceed, outside 

22 the 50 United States, its territories, and the District of 

23 Columbia, 125,000 civilian workyears: Provided, That 

24 workyears shall be applied as defined in the Federal Per25 sonnel Manual: Provided further, That workyears ex-
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HR 2658 RH 

1 pended in dependent student hiring programs for dis2 advantaged youths shall not be included in this workyear 

3 limitation. 

4 SEC. 8012. None of the funds made available by this 

5 Act shall be used in any way, directly or indirectly, to in6 fluence congressional action on any legislation or appro7 priation matters pending before the Congress. 

8 SEC. 8013. None of the funds appropriated by this 

9 Act shall be available for the basic pay and allowances of 

10 any member of the Army participating as a full-time stu11 dent and receiving benefits paid by the Secretary of Vet12 erans Affairs from the Department of Defense Education 

13 Benefits Fund when time spent as a full-time student is 

14 credited toward completion of a service commitment: Pro15 vided, That this subsection shall not apply to those mem16 bers who have reenlisted with this option prior to October 

17 1, 1987: Provided further, That this subsection applies 

18 only to active components of the Army. 

19 SEC. 8014. None of the funds appropriated by this 

20 Act shall be available to convert to contractor performance 

21 an activity or function of the Department of Defense that, 

22 on or after the date of the enactment of this Act, is per23 formed by more than 10 Department of Defense civilian 

24 employees unless such conversion is based on the result 

25 of a public-private competition that includes a most effi-
47

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1 cient and cost effective organization plan developed by 

2 such activity or function and the Competitive Sourcing Of3 ficial certifies that the projected savings of the competition 

4 exceed the minimum conversion differential for such activ5 ity or function: Provided, That this section shall not apply 

6 in circumstances in which the Department of Defense pub7 lishes in the Federal Register a determination that compli8 ance would have an adverse impact on national security: 

9 Provided further, That this section and subsections (a), 

10 (b), and (c) of 10 U.S.C. 2461 shall not apply to a com11 mercial or industrial type function of the Department of 

12 Defense that: (1) is included on the procurement list es13 tablished pursuant to section 2 of the Act of June 25, 

14 1938 (41 U.S.C. 47), popularly referred to as the Javits15 Wagner-O’Day Act; (2) is planned to be converted to per16 formance by a qualified nonprofit agency for the blind or 

17 by a qualified nonprofit agency for other severely handi18 capped individuals in accordance with that Act; or (3) is 

19 planned to be converted to performance by a qualified firm 

20 under 51 percent ownership by an Indian tribe, as defined 

21 in section 450b(e) of title 25, United States Code, or a 

22 Native Hawaiian organization, as defined in section 

23 637(a)(15) of title 15, United States Code. 

24 (TRANSFER OF FUNDS)

25 SEC. 8015. Funds appropriated in title III of this Act 

26 for the Department of Defense Pilot Mentor-Protege Pro-
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1 gram may be transferred to any other appropriation con2 tained in this Act solely for the purpose of implementing 

3 a Mentor-Protege Program developmental assistance 

4 agreement pursuant to section 831 of the National De5 fense Authorization Act for Fiscal Year 1991 (Public Law 

6 101–510; 10 U.S.C. 2301 note), as amended, under the 

7 authority of this provision or any other transfer authority 

8 contained in this Act. 

9 SEC. 8016. None of the funds in this Act may be 

10 available for the purchase by the Department of Defense 

11 (and its departments and agencies) of welded shipboard 

12 anchor and mooring chain 4 inches in diameter and under 

13 unless the anchor and mooring chain are manufactured 

14 in the United States from components which are substan15 tially manufactured in the United States: Provided, That 

16 for the purpose of this section manufactured will include 

17 cutting, heat treating, quality control, testing of chain and 

18 welding (including the forging and shot blasting process): 

19 Provided further, That for the purpose of this section sub20 stantially all of the components of anchor and mooring 

21 chain shall be considered to be produced or manufactured 

22 in the United States if the aggregate cost of the compo23 nents produced or manufactured in the United States ex24 ceeds the aggregate cost of the components produced or 

25 manufactured outside the United States: Provided further,
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1 That when adequate domestic supplies are not available 

2 to meet Department of Defense requirements on a timely 

3 basis, the Secretary of the service responsible for the pro4 curement may waive this restriction on a case-by-case 

5 basis by certifying in writing to the Committees on Appro6 priations that such an acquisition must be made in order 

7 to acquire capability for national security purposes. 

8 SEC. 8017. None of the funds appropriated by this 

9 Act available for the Civilian Health and Medical Program 

10 of the Uniformed Services (CHAMPUS) or TRICARE 

11 shall be available for the reimbursement of any health care 

12 provider for inpatient mental health service for care re13 ceived when a patient is referred to a provider of inpatient 

14 mental health care or residential treatment care by a med15 ical or health care professional having an economic inter16 est in the facility to which the patient is referred: Pro17 vided, That this limitation does not apply in the case of 

18 inpatient mental health services provided under the pro19 gram for persons with disabilities under subsection (d) of 

20 section 1079 of title 10, United States Code, provided as 

21 partial hospital care, or provided pursuant to a waiver au22 thorized by the Secretary of Defense because of medical 

23 or psychological circumstances of the patient that are con24 firmed by a health professional who is not a Federal em25 ployee after a review, pursuant to rules prescribed by the 
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1 Secretary, which takes into account the appropriate level 

2 of care for the patient, the intensity of services required 

3 by the patient, and the availability of that care. 

4 SEC. 8018. (a) During the current fiscal year and 

5 hereafter, the Secretary of Defense may, by executive 

6 agreement, establish with the government of any North 

7 Atlantic Treaty Organization member nation a separate 

8 account into which residual value amounts negotiated with 

9 that nation in the return of United States military instal10 lations in that nation may be deposited, in lieu of direct 

11 monetary transfers to the United States Treasury. Any 

12 such deposit may be made in the currency of the host na13 tion. Amounts in such an account shall be treated as cred14 its to that host nation and may be used only as specified 

15 in subsection (b). 

16 (b) Amounts deposited by a host nation in an account 

17 as provided for in an agreement under subsection (a) may 

18 be used—

19 (1) subject to subsection (c), for the construc20 tion of facilities to support United States military 

21 forces in that host nation; or 

22 (2) for such real property maintenance and 

23 base operating costs at United States military instal24 lations in that host nation that are currently exe-
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1 cuted through monetary transfers to such host na2 tion. 

3 (c) A military construction project may be executed 

4 from an account established under this section only if the 

5 project has been previously authorized by law. 

6 (d) In the budget justification materials submitted to 

7 Congress in support of the President’s budget for the De8 partment of Defense for any fiscal year, the Secretary of 

9 Defense shall identify—

10 (1) amounts anticipated to be received during 

11 that fiscal year in residual value settlements under 

12 this section; and 

13 (2) such construction, real property mainte14 nance, and base operating costs that shall be funded 

15 by the host nation during that fiscal year through 

16 such credits under an agreement under this section. 

17 (e)(1) The Secretary of Defense shall report any exec18 utive agreement with a NATO member nation under this 

19 section to the congressional committees specified in para20 graph (2) not less than 30 days before the conclusion and 

21 endorsement of the agreement. 

22 (2) The committees referred to in paragraph (1) are 

23 the congressional defense committees, the Committee on 

24 International Relations of the House of Representatives, 

25 and the Committee on Foreign Relations of the Senate. 
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1 SEC. 8019. None of the funds available to the De2 partment of Defense may be used to demilitarize or dis3 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, 

4 .22 caliber rifles, .30 caliber rifles, or M–1911 pistols. 

5 SEC. 8020. No more than $500,000 of the funds ap6 propriated or made available in this Act shall be used dur7 ing a single fiscal year for any single relocation of an orga8 nization, unit, activity or function of the Department of 

9 Defense into or within the National Capital Region: Pro10 vided, That the Secretary of Defense may waive this re11 striction on a case-by-case basis by certifying in writing 

12 to the congressional defense committees that such a relo13 cation is required in the best interest of the Government. 

14 SEC. 8021. In addition to the funds provided else15 where in this Act, $8,000,000 is appropriated only for in16 centive payments authorized by Section 504 of the Indian 

17 Financing Act of 1974 (25 U.S.C. 1544): Provided, That 

18 a prime contractor or a subcontractor at any tier that 

19 makes a subcontract award to any subcontractor or sup20 plier as defined in 25 U.S.C. 1544 or a small business 

21 owned and controlled by an individual defined under 25 

22 U.S.C. 4221(9) shall be considered a contractor for the 

23 purposes of being allowed additional compensation under 

24 section 504 of the Indian Financing Act of 1974 (25 

25 U.S.C. 1544) whenever the prime contract or subcontract 
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1 amount is over $500,000 and involves the expenditure of 

2 funds appropriated by an Act making Appropriations for 

3 the Department of Defense with respect to any fiscal year: 

4 Provided further, That notwithstanding 41 U.S.C. § 430, 

5 this section shall be applicable to any Department of De6 fense acquisition of supplies or services, including any con7 tract and any subcontract at any tier for acquisition of 

8 commercial items produced or manufactured, in whole or 

9 in part by any subcontractor or supplier defined in 25 

10 U.S.C. § 1544 or a small business owned and controlled 

11 by an individual defined under 25 U.S.C. 4221(9). 

12 SEC. 8022. None of the funds appropriated by this 

13 Act shall be available to perform any cost study pursuant 

14 to the provisions of OMB Circular A–76 if the study being 

15 performed exceeds a period of 24 months after initiation 

16 of such study with respect to a single function activity or 

17 48 months after initiation of such study for a multi-func18 tion activity. 

19 SEC. 8023. Funds appropriated by this Act for the 

20 American Forces Information Service shall not be used for 

21 any national or international political or psychological ac22 tivities. 

23 SEC. 8024. Notwithstanding any other provision of 

24 law or regulation, the Secretary of Defense may adjust 

25 wage rates for civilian employees hired for certain health 
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1 care occupations as authorized for the Secretary of Vet2 erans Affairs by section 7455 of title 38, United States 

3 Code. 

4 SEC. 8025. (a) The Secretary of Defense shall afford 

5 qualified nonprofit agencies for the blind or other severely 

6 handicapped the maximum practicable opportunity to par7 ticipate as subcontractors and suppliers in the perform8 ance of contracts for the procurement of supplies or serv9 ices that are let by the Department of Defense using funds 

10 appropriated for military functions of the Department of 

11 Defense (other than for military construction or military 

12 family housing). 

13 (b) A business concern that has negotiated with the 

14 Secretary of a military department or the director of a 

15 Defense Agency a subcontracting plan for the participa16 tion by small business concerns pursuant to section 8(d) 

17 of the Small Business Act (15 U.S.C. 637(d)) shall be 

18 given credit toward meeting that subcontracting goal for 

19 any purchase made from a qualified nonprofit agency for 

20 the blind or other severely handicapped. 

21 (c) For the purpose of this section, the term ‘‘quali22 fied nonprofit agency for the blind or other severely handi23 capped’’ means a nonprofit agency for the blind, or a non24 profit agency for other severely handicapped, that has 

25 been approved by the Committee for the Purchase from 
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1 the Blind and Other Severely Handicapped under the Jav2 its-Wagner-O’Day Act (41 U.S.C. 46–48). 

3 (d) This section shall apply during the current fiscal 

4 year and hereafter. 

5 SEC. 8026. During the current fiscal year, net re6 ceipts pursuant to collections from third party payers pur7 suant to section 1095 of title 10, United States Code, shall 

8 be made available to the local facility of the uniformed 

9 services responsible for the collections and shall be over 

10 and above the facility’s direct budget amount. 

11 SEC. 8027. During the current fiscal year, the De12 partment of Defense is authorized to incur obligations of 

13 not to exceed $350,000,000 for purposes specified in sec14 tion 2350j(c) of title 10, United States Code, in anticipa15 tion of receipt of contributions, only from the Government 

16 of Kuwait, under that section: Provided, That upon re17 ceipt, such contributions from the Government of Kuwait 

18 shall be credited to the appropriations or fund which in19 curred such obligations. 

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 8028. (a) Of the funds made available in this 

22 Act, not less than $32,758,000 shall be available for the 

23 Civil Air Patrol Corporation, of which—

24 (1) $21,432,000 shall be available from ‘‘Oper25 ation and Maintenance, Air Force’’ to support Civil 

26 Air Patrol Corporation operation and maintenance, 
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1 readiness, counterdrug activities, and drug demand 

2 reduction activities involving youth programs; 

3 (2) $10,540,000 shall be available from ‘‘Air4 craft Procurement, Air Force’’; and 

5 (3) $786,000 shall be available from ‘‘Other 

6 Procurement, Air Force’’ for vehicle procurement. 

7 (b) Notwithstanding section 9445 of title 10, United 

8 States Code, or any other provision of law, of the funds 

9 made available to the Civil Air Patrol Corporation in this 

10 Act under the heading ‘‘Aircraft Procurement, Air Force’’, 

11 not more than $770,000 may be transferred by the Sec12 retary of the Air Force to the ‘‘Operation and Mainte13 nance, Air Force’’ appropriation to be merged with and 

14 to be available for administrative expenses incurred by the 

15 Air Force in the administration of Civil Air Patrol Cor16 poration. Funds so transferred shall be available for the 

17 same period as the appropriation to which transferred. 

18 (c) The Secretary of the Air Force should waive reim19 bursement for any funds used by the Civil Air Patrol for 

20 counter-drug activities in support of Federal State, and 

21 local government agencies. 

22 SEC. 8029. (a) None of the funds appropriated in this 

23 Act are available to establish a new Department of De24 fense (department) federally funded research and develop25 ment center (FFRDC), either as a new entity, or as a 
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1 separate entity administrated by an organization man2 aging another FFRDC, or as a nonprofit membership cor3 poration consisting of a consortium of other FFRDCs and 

4 other non-profit entities. 

5 (b) No member of a Board of Directors, Trustees, 

6 Overseers, Advisory Group, Special Issues Panel, Visiting 

7 Committee, or any similar entity of a defense FFRDC, 

8 and no paid consultant to any defense FFRDC, except 

9 when acting in a technical advisory capacity, may be com10 pensated for his or her services as a member of such enti11 ty, or as a paid consultant by more than one FFRDC in 

12 a fiscal year: Provided, That a member of any such entity 

13 referred to previously in this subsection shall be allowed 

14 travel expenses and per diem as authorized under the Fed15 eral Joint Travel Regulations, when engaged in the per16 formance of membership duties. 

17 (c) Notwithstanding any other provision of law, none 

18 of the funds available to the department from any source 

19 during fiscal year 2004 may be used by a defense FFRDC, 

20 through a fee or other payment mechanism, for construc21 tion of new buildings, for payment of cost sharing for 

22 projects funded by Government grants, for absorption of 

23 contract overruns, or for certain charitable contributions, 

24 not to include employee participation in community service 

25 and/or development. 
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1 (d) Notwithstanding any other provision of law, of 

2 the funds available to the department during fiscal year 

3 2004, not more than 6,321 staff years of technical effort 

4 (staff years) may be funded for defense FFRDCs: Pro5 vided, That of the specific amount referred to previously 

6 in this subsection, not more than 1,050 staff years may 

7 be funded for the defense studies and analysis FFRDCs. 

8 (e) The Secretary of Defense shall, with the submis9 sion of the department’s fiscal year 2005 budget request, 

10 submit a report presenting the specific amounts of staff 

11 years of technical effort to be allocated for each defense 

12 FFRDC during that fiscal year. 

13 (f) Notwithstanding any other provision of this Act, 

14 the total amount appropriated in this Act for FFRDCs 

15 is hereby reduced by $74,200,000. 

16 SEC. 8030. None of the funds appropriated or made 

17 available in this Act shall be used to procure carbon, alloy 

18 or armor steel plate for use in any Government-owned fa19 cility or property under the control of the Department of 

20 Defense which were not melted and rolled in the United 

21 States or Canada: Provided, That these procurement re22 strictions shall apply to any and all Federal Supply Class 

23 9515, American Society of Testing and Materials (ASTM) 

24 or American Iron and Steel Institute (AISI) specifications 

25 of carbon, alloy or armor steel plate: Provided further,
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1 That the Secretary of the military department responsible 

2 for the procurement may waive this restriction on a case3 by-case basis by certifying in writing to the Committees 

4 on Appropriations of the House of Representatives and the 

5 Senate that adequate domestic supplies are not available 

6 to meet Department of Defense requirements on a timely 

7 basis and that such an acquisition must be made in order 

8 to acquire capability for national security purposes: Pro9 vided further, That these restrictions shall not apply to 

10 contracts which are in being as of the date of the enact11 ment of this Act. 

12 SEC. 8031. For the purposes of this Act, the term 

13 ‘‘congressional defense committees’’ means the Armed 

14 Services Committee of the House of Representatives, the 

15 Armed Services Committee of the Senate, the Sub16 committee on Defense of the Committee on Appropriations 

17 of the Senate, and the Subcommittee on Defense of the 

18 Committee on Appropriations of the House of Representa19 tives. 

20 SEC. 8032. (a) During the current fiscal year and 

21 hereafter, the Department of Defense may acquire the 

22 modification, depot maintenance, and repair of aircraft, 

23 vehicles, and vessels, as well as the production of compo24 nents and other Defense-related articles, through competi-
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1 tion between Department of Defense depot maintenance 

2 activities and private firms. 

3 (b) In the case of a competition conducted under this 

4 section, the Senior Acquisition Executive of the military 

5 department or Defense Agency concerned shall certify that 

6 the successful bid includes comparable estimates of all di7 rect and indirect costs for bids submitted both by Depart8 ment of Defense depot maintenance activities and by pri9 vate firms. The authority of the Senior Acquisition Execu10 tive under this section may be delegated. 

11 (c) Office of Management and Budget Circular A–

12 76 shall not apply to a competition conducted under this 

13 section. 

14 SEC. 8033. (a)(1) If the Secretary of Defense, after 

15 consultation with the United States Trade Representative, 

16 determines that a foreign country which is party to an 

17 agreement described in paragraph (2) has violated the 

18 terms of the agreement by discriminating against certain 

19 types of products produced in the United States that are 

20 covered by the agreement, the Secretary of Defense shall 

21 rescind the Secretary’s blanket waiver of the Buy Amer22 ican Act with respect to such types of products produced 

23 in that foreign country. 

24 (2) An agreement referred to in paragraph (1) is any 

25 reciprocal defense procurement memorandum of under-
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1 standing, between the United States and a foreign country 

2 pursuant to which the Secretary of Defense has prospec3 tively waived the Buy American Act for certain products 

4 in that country. 

5 (b) The Secretary of Defense shall submit to the Con6 gress a report on the amount of Department of Defense 

7 purchases from foreign entities in fiscal year 2004. Such 

8 report shall separately indicate the dollar value of items 

9 for which the Buy American Act was waived pursuant to 

10 any agreement described in subsection (a)(2), the Trade 

11 Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any 

12 international agreement to which the United States is a 

13 party. 

14 (c) For purposes of this section, the term ‘‘Buy 

15 American Act’’ means title III of the Act entitled ‘‘An Act 

16 making appropriations for the Treasury and Post Office 

17 Departments for the fiscal year ending June 30, 1934, 

18 and for other purposes’’, approved March 3, 1933 (41 

19 U.S.C. 10a et seq.). 

20 SEC. 8034. Appropriations contained in this Act that 

21 remain available at the end of the current fiscal year as 

22 a result of energy cost savings realized by the Department 

23 of Defense shall remain available for obligation for the 

24 next fiscal year to the extent, and for the purposes, pro25 vided in section 2865 of title 10, United States Code. 
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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8035. Amounts deposited during the current fis3 cal year to the special account established under 40 U.S.C. 

4 572(b)(5)(A) and to the special account established under 

5 10 U.S.C. 2667(d)(1) are appropriated and shall be avail6 able until transferred by the Secretary of Defense to cur7 rent applicable appropriations or funds of the Department 

8 of Defense under the terms and conditions specified by 

9 40 U.S.C. 572(b)(5)(B) and 10 U.S.C. 2667(d)(1)(B), to 

10 be merged with and to be available for the same time pe11 riod and the same purposes as the appropriation to which 

12 transferred. 

13 SEC. 8036. The President shall include with each 

14 budget for a fiscal year submitted to the Congress under 

15 section 1105 of title 31, United States Code, materials 

16 that shall identify clearly and separately the amounts re17 quested in the budget for appropriation for that fiscal year 

18 for salaries and expenses related to administrative activi19 ties of the Department of Defense, the military depart20 ments, and the defense agencies. 

21 SEC. 8037. Notwithstanding any other provision of 

22 law, funds available for ‘‘Drug Interdiction and Counter23 Drug Activities, Defense’’ may be obligated for the Young 

24 Marines program. 
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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8038. During the current fiscal year, amounts 

3 contained in the Department of Defense Overseas Military 

4 Facility Investment Recovery Account established by sec5 tion 2921(c)(1) of the National Defense Authorization Act 

6 of 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall 

7 be available until expended for the payments specified by 

8 section 2921(c)(2) of that Act. 

9 SEC. 8039. (a) IN GENERAL.—Notwithstanding any 

10 other provision of law, the Secretary of the Air Force may 

11 convey at no cost to the Air Force, without consideration, 

12 to Indian tribes located in the States of North Dakota, 

13 South Dakota, Montana, and Minnesota relocatable mili14 tary housing units located at Grand Forks Air Force Base 

15 and Minot Air Force Base that are excess to the needs 

16 of the Air Force. 

17 (b) PROCESSING OF REQUESTS.—The Secretary of 

18 the Air Force shall convey, at no cost to the Air Force, 

19 military housing units under subsection (a) in accordance 

20 with the request for such units that are submitted to the 

21 Secretary by the Operation Walking Shield Program on 

22 behalf of Indian tribes located in the States of North Da23 kota, South Dakota, Montana, and Minnesota. 

24 (c) RESOLUTION OF HOUSING UNIT CONFLICTS.—

25 The Operation Walking Shield program shall resolve any 
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1 conflicts among requests of Indian tribes for housing units 

2 under subsection (a) before submitting requests to the 

3 Secretary of the Air Force under subsection (b). 

4 (d) INDIAN TRIBE DEFINED.—In this section, the 

5 term ‘‘Indian tribe’’ means any recognized Indian tribe in6 cluded on the current list published by the Secretary of 

7 the Interior under section 104 of the Federally Recognized 

8 Indian Tribe Act of 1994 (Public Law 103–454; 108 Stat. 

9 4792; 25 U.S.C. 479a–1). 

10 SEC. 8040. During the current fiscal year, appropria11 tions which are available to the Department of Defense 

12 for operation and maintenance may be used to purchase 

13 items having an investment item unit cost of not more 

14 than $250,000. 

15 SEC. 8041. (a) During the current fiscal year, none 

16 of the appropriations or funds available to the Department 

17 of Defense Working Capital Funds shall be used for the 

18 purchase of an investment item for the purpose of acquir19 ing a new inventory item for sale or anticipated sale dur20 ing the current fiscal year or a subsequent fiscal year to 

21 customers of the Department of Defense Working Capital 

22 Funds if such an item would not have been chargeable 

23 to the Department of Defense Business Operations Fund 

24 during fiscal year 1994 and if the purchase of such an 

25 investment item would be chargeable during the current 
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1 fiscal year to appropriations made to the Department of 

2 Defense for procurement. 

3 (b) The fiscal year 2005 budget request for the De4 partment of Defense as well as all justification material 

5 and other documentation supporting the fiscal year 2005 

6 Department of Defense budget shall be prepared and sub7 mitted to the Congress on the basis that any equipment 

8 which was classified as an end item and funded in a pro9 curement appropriation contained in this Act shall be 

10 budgeted for in a proposed fiscal year 2005 procurement 

11 appropriation and not in the supply management business 

12 area or any other area or category of the Department of 

13 Defense Working Capital Funds. 

14 SEC. 8042. None of the funds appropriated by this 

15 Act for programs of the Central Intelligence Agency shall 

16 remain available for obligation beyond the current fiscal 

17 year, except for funds appropriated for the Reserve for 

18 Contingencies, which shall remain available until Sep19 tember 30, 2005: Provided, That funds appropriated, 

20 transferred, or otherwise credited to the Central Intel21 ligence Agency Central Services Working Capital Fund 

22 during this or any prior or subsequent fiscal year shall 

23 remain available until expended: Provided further, That 

24 any funds appropriated or transferred to the Central Intel25 ligence Agency for agent operations and for covert action 
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1 programs authorized by the President under section 503 

2 of the National Security Act of 1947, as amended, shall 

3 remain available until September 30, 2005. 

4 SEC. 8043. Notwithstanding any other provision of 

5 law, funds made available in this Act for the Defense In6 telligence Agency may be used for the design, develop7 ment, and deployment of General Defense Intelligence 

8 Program intelligence communications and intelligence in9 formation systems for the Services, the Unified and Speci10 fied Commands, and the component commands. 

11 SEC. 8044. Of the funds appropriated to the Depart12 ment of Defense under the heading ‘‘Operation and Main13 tenance, Defense-Wide’’, not less than $10,000,000 shall 

14 be made available only for the mitigation of environmental 

15 impacts, including training and technical assistance to 

16 tribes, related administrative support, the gathering of in17 formation, documenting of environmental damage, and de18 veloping a system for prioritization of mitigation and cost 

19 to complete estimates for mitigation, on Indian lands re20 sulting from Department of Defense activities. 

21 SEC. 8045. (a) None of the funds appropriated in this 

22 Act may be expended by an entity of the Department of 

23 Defense unless the entity, in expending the funds, com24 plies with the Buy American Act. For purposes of this 

25 subsection, the term ‘‘Buy American Act’’ means title III 
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1 of the Act entitled ‘‘An Act making appropriations for the 

2 Treasury and Post Office Departments for the fiscal year 

3 ending June 30, 1934, and for other purposes’’, approved 

4 March 3, 1933 (41 U.S.C. 10a et seq.). 

5 (b) If the Secretary of Defense determines that a per6 son has been convicted of intentionally affixing a label 

7 bearing a ‘‘Made in America’’ inscription to any product 

8 sold in or shipped to the United States that is not made 

9 in America, the Secretary shall determine, in accordance 

10 with section 2410f of title 10, United States Code, wheth11 er the person should be debarred from contracting with 

12 the Department of Defense. 

13 (c) In the case of any equipment or products pur14 chased with appropriations provided under this Act, it is 

15 the sense of the Congress that any entity of the Depart16 ment of Defense, in expending the appropriation, purchase 

17 only American-made equipment and products, provided 

18 that American-made equipment and products are cost19 competitive, quality-competitive, and available in a timely 

20 fashion. 

21 SEC. 8046. None of the funds appropriated by this 

22 Act shall be available for a contract for studies, analysis, 

23 or consulting services entered into without competition on 

24 the basis of an unsolicited proposal unless the head of the 

25 activity responsible for the procurement determines—
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1 (1) as a result of thorough technical evaluation, 

2 only one source is found fully qualified to perform 

3 the proposed work; 

4 (2) the purpose of the contract is to explore an 

5 unsolicited proposal which offers significant sci6 entific or technological promise, represents the prod7 uct of original thinking, and was submitted in con8 fidence by one source; or 

9 (3) the purpose of the contract is to take ad10 vantage of unique and significant industrial accom11 plishment by a specific concern, or to insure that a 

12 new product or idea of a specific concern is given fi13 nancial support: 

14 Provided, That this limitation shall not apply to contracts 

15 in an amount of less than $25,000, contracts related to 

16 improvements of equipment that is in development or pro17 duction, or contracts as to which a civilian official of the 

18 Department of Defense, who has been confirmed by the 

19 Senate, determines that the award of such contract is in 

20 the interest of the national defense. 

21 SEC. 8047. (a) Except as provided in subsection (b) 

22 and (c), none of the funds made available by this Act may 

23 be used—

24 (1) to establish a field operating agency; or 
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1 (2) to pay the basic pay of a member of the 

2 Armed Forces or civilian employee of the depart3 ment who is transferred or reassigned from a head4 quarters activity if the member or employee’s place 

5 of duty remains at the location of that headquarters. 

6 (b) The Secretary of Defense or Secretary of a mili7 tary department may waive the limitations in subsection 

8 (a), on a case-by-case basis, if the Secretary determines, 

9 and certifies to the Committees on Appropriations of the 

10 House of Representatives and Senate that the granting 

11 of the waiver will reduce the personnel requirements or 

12 the financial requirements of the department. 

13 (c) This section does not apply to field operating 

14 agencies funded within the National Foreign Intelligence 

15 Program. 

16 SEC. 8048. Notwithstanding section 303 of Public 

17 Law 96–487 or any other provision of law, the Secretary 

18 of the Navy is authorized to lease real and personal prop19 erty at Naval Air Facility, Adak, Alaska, pursuant to 10 

20 U.S.C. 2667(f), for commercial, industrial or other pur21 poses: Provided, That notwithstanding any other provision 

22 of law, the Secretary of the Navy may remove hazardous 

23 materials from facilities, buildings, and structures at 

24 Adak, Alaska, and may demolish or otherwise dispose of 

25 such facilities, buildings, and structures. 
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1 (RESCISSIONS)

2 SEC. 8049. Of the funds appropriated in Department 

3 of Defense Appropriations Acts, the following funds are 

4 hereby rescinded from the following accounts and pro5 grams in the specified amounts: 

6 ‘‘Aircraft Procurement, Army, 2003/2005’’, 

7 $47,100,000; 

8 ‘‘Other Procurement, Army, 2003/2005’’, 

9 $8,000,000; 

10 ‘‘Shipbuilding and Conversion, Navy, 2002/

11 2006’’, $25,600,000; 

12 ‘‘Missile Procurement, Air Force, 2003/2005’’, 

13 $27,000,000; 

14 ‘‘Other Procurement, Air Force, 2003/2005’’, 

15 $30,000,000; and 

16 ‘‘Research, Development, Test and Evaluation, 

17 Army, 2003/2004’’, $1,650,000. 

18 SEC. 8050. None of the funds available in this Act 

19 may be used to reduce the authorized positions for mili20 tary (civilian) technicians of the Army National Guard, 

21 the Air National Guard, Army Reserve and Air Force Re22 serve for the purpose of applying any administratively im23 posed civilian personnel ceiling, freeze, or reduction on 

24 military (civilian) technicians, unless such reductions are 

25 a direct result of a reduction in military force structure. 
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1 SEC. 8051. None of the funds appropriated or other2 wise made available in this Act may be obligated or ex3 pended for assistance to the Democratic People’s Republic 

4 of North Korea unless specifically appropriated for that 

5 purpose. 

6 SEC. 8052. During the current fiscal year, funds ap7 propriated in this Act are available to compensate mem8 bers of the National Guard for duty performed pursuant 

9 to a plan submitted by a Governor of a State and approved 

10 by the Secretary of Defense under section 112 of title 32, 

11 United States Code: Provided, That during the perform12 ance of such duty, the members of the National Guard 

13 shall be under State command and control: Provided fur14 ther, That such duty shall be treated as full-time National 

15 Guard duty for purposes of sections 12602(a)(2) and 

16 (b)(2) of title 10, United States Code. 

17 SEC. 8053. Funds appropriated in this Act for oper18 ation and maintenance of the Military Departments, Com19 batant Commands and Defense Agencies shall be available 

20 for reimbursement of pay, allowances and other expenses 

21 which would otherwise be incurred against appropriations 

22 for the National Guard and Reserve when members of the 

23 National Guard and Reserve provide intelligence or coun24 terintelligence support to Combatant Commands, Defense 

25 Agencies and Joint Intelligence Activities, including the 
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1 activities and programs included within the National For2 eign Intelligence Program (NFIP), the Joint Military In3 telligence Program (JMIP), and the Tactical Intelligence 

4 and Related Activities (TIARA) aggregate: Provided, That 

5 nothing in this section authorizes deviation from estab6 lished Reserve and National Guard personnel and training 

7 procedures. 

8 SEC. 8054. During the current fiscal year, none of 

9 the funds appropriated in this Act may be used to reduce 

10 the civilian medical and medical support personnel as11 signed to military treatment facilities below the September 

12 30, 2002 level: Provided, That the Service Surgeons Gen13 eral may waive this section by certifying to the congres14 sional defense committees that the beneficiary population 

15 is declining in some catchment areas and civilian strength 

16 reductions may be consistent with responsible resource 

17 stewardship and capitation-based budgeting. 

18 SEC. 8055. (a) LIMITATION ON PENTAGON RENOVA19 TION COSTS.—Not later than the date each year on which 

20 the President submits to Congress the budget under sec21 tion 1105 of title 31, United States Code, the Secretary 

22 of Defense shall submit to Congress a certification that 

23 the total cost for the planning, design, construction, and 

24 installation of equipment for the renovation of wedges 2 

25 through 5 of the Pentagon Reservation, cumulatively, will 
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1 not exceed four times the total cost for the planning, de2 sign, construction, and installation of equipment for the 

3 renovation of wedge 1. 

4 (b) ANNUAL ADJUSTMENT.—For purposes of apply5 ing the limitation in subsection (a), the Secretary shall 

6 adjust the cost for the renovation of wedge 1 by any in7 crease or decrease in costs attributable to economic infla8 tion, based on the most recent economic assumptions 

9 issued by the Office of Management and Budget for use 

10 in preparation of the budget of the United States under 

11 section 1104 of title 31, United States Code. 

12 (c) EXCLUSION OF CERTAIN COSTS.—For purposes 

13 of calculating the limitation in subsection (a), the total 

14 cost for wedges 2 through 5 shall not include—

15 (1) any repair or reconstruction cost incurred 

16 as a result of the terrorist attack on the Pentagon 

17 that occurred on September 11, 2001; 

18 (2) any increase in costs for wedges 2 through 

19 5 attributable to compliance with new requirements 

20 of Federal, State, or local laws; and 

21 (3) any increase in costs attributable to addi22 tional security requirements that the Secretary of 

23 Defense considers essential to provide a safe and se24 cure working environment. 
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1 (d) CERTIFICATION COST REPORTS.—As part of the 

2 annual certification under subsection (a), the Secretary 

3 shall report the projected cost (as of the time of the certifi4 cation) for—

5 (1) the renovation of each wedge, including the 

6 amount adjusted or otherwise excluded for such 

7 wedge under the authority of paragraphs (2) and (3) 

8 of subsection (c) for the period covered by the cer9 tification; and 

10 (2) the repair and reconstruction of wedges 1 

11 and 2 in response to the terrorist attack on the Pen12 tagon that occurred on September 11, 2001. 

13 (e) DURATION OF CERTIFICATION REQUIREMENT.—

14 The requirement to make an annual certification under 

15 subsection (a) shall apply until the Secretary certifies to 

16 Congress that the renovation of the Pentagon Reservation 

17 is completed. 

18 SEC. 8056. Notwithstanding any other provision of 

19 law, that not more than 35 percent of funds provided in 

20 this Act for environmental remediation may be obligated 

21 under indefinite delivery/indefinite quantity contracts with 

22 a total contract value of $130,000,000 or higher. 

23 SEC. 8057. (a) None of the funds available to the 

24 Department of Defense for any fiscal year for drug inter25 diction or counter-drug activities may be transferred to 
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1 any other department or agency of the United States ex2 cept as specifically provided in an appropriations law. 

3 (b) None of the funds available to the Central Intel4 ligence Agency for any fiscal year for drug interdiction 

5 and counter-drug activities may be transferred to any 

6 other department or agency of the United States except 

7 as specifically provided in an appropriations law. 

8 (TRANSFER OF FUNDS)

9 SEC. 8058. Appropriations available in this Act under 

10 the heading ‘‘Operation and Maintenance, Defense-Wide’’ 

11 for increasing energy and water efficiency in Federal 

12 buildings may, during their period of availability, be trans13 ferred to other appropriations or funds of the Department 

14 of Defense for projects related to increasing energy and 

15 water efficiency, to be merged with and to be available 

16 for the same general purposes, and for the same time pe17 riod, as the appropriation or fund to which transferred. 

18 SEC. 8059. None of the funds appropriated by this 

19 Act may be used for the procurement of ball and roller 

20 bearings other than those produced by a domestic source 

21 and of domestic origin: Provided, That the Secretary of 

22 the military department responsible for such procurement 

23 may waive this restriction on a case-by-case basis by certi24 fying in writing to the Committees on Appropriations of 

25 the House of Representatives and the Senate, that ade26 quate domestic supplies are not available to meet Depart-
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1 ment of Defense requirements on a timely basis and that 

2 such an acquisition must be made in order to acquire ca3 pability for national security purposes: Provided further,

4 That this restriction shall not apply to the purchase of 

5 ‘‘commercial items’’, as defined by section 4(12) of the 

6 Office of Federal Procurement Policy Act, except that the 

7 restriction shall apply to ball or roller bearings purchased 

8 as end item. 

9 SEC. 8060. Notwithstanding any other provision of 

10 law, funds available to the Department of Defense shall 

11 be made available to provide transportation of medical 

12 supplies and equipment, on a nonreimbursable basis, to 

13 American Samoa, and funds available to the Department 

14 of Defense shall be made available to provide transpor15 tation of medical supplies and equipment, on a non16 reimbursable basis, to the Indian Health Service when it 

17 is in conjunction with a civil-military project. 

18 SEC. 8061. None of the funds in this Act may be 

19 used to purchase any supercomputer which is not manu20 factured in the United States, unless the Secretary of De21 fense certifies to the congressional defense committees 

22 that such an acquisition must be made in order to acquire 

23 capability for national security purposes that is not avail24 able from United States manufacturers. 
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1 SEC. 8062. Notwithstanding any other provision of 

2 law, the Naval shipyards of the United States shall be eli3 gible to participate in any manufacturing extension pro4 gram financed by funds appropriated in this or any other 

5 Act. 

6 SEC. 8063. Notwithstanding any other provision of 

7 law, each contract awarded by the Department of Defense 

8 during the current fiscal year for construction or service 

9 performed in whole or in part in a State (as defined in 

10 section 381(d) of title 10, United States Code) which is 

11 not contiguous with another State and has an unemploy12 ment rate in excess of the national average rate of unem13 ployment as determined by the Secretary of Labor, shall 

14 include a provision requiring the contractor to employ, for 

15 the purpose of performing that portion of the contract in 

16 such State that is not contiguous with another State, indi17 viduals who are residents of such State and who, in the 

18 case of any craft or trade, possess or would be able to 

19 acquire promptly the necessary skills: Provided, That the 

20 Secretary of Defense may waive the requirements of this 

21 section, on a case-by-case basis, in the interest of national 

22 security. 

23 SEC. 8064. None of the funds made available in this 

24 or any other Act may be used to pay the salary of any 

25 officer or employee of the Department of Defense who ap-
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1 proves or implements the transfer of administrative re2 sponsibilities or budgetary resources of any program, 

3 project, or activity financed by this Act to the jurisdiction 

4 of another Federal agency not financed by this Act with5 out the express authorization of Congress: Provided, That 

6 this limitation shall not apply to transfers of funds ex7 pressly provided for in Defense Appropriations Acts, or 

8 provisions of Acts providing supplemental appropriations 

9 for the Department of Defense. 

10 SEC. 8065. (a) LIMITATION ON TRANSFER OF DE11 FENSE ARTICLES AND SERVICES.—Notwithstanding any 

12 other provision of law, none of the funds available to the 

13 Department of Defense for the current fiscal year may be 

14 obligated or expended to transfer to another nation or an 

15 international organization any defense articles or services 

16 (other than intelligence services) for use in the activities 

17 described in subsection (b) unless the congressional de18 fense committees, the Committee on International Rela19 tions of the House of Representatives, and the Committee 

20 on Foreign Relations of the Senate are notified 15 days 

21 in advance of such transfer. 

22 (b) COVERED ACTIVITIES.—This section applies to—

23 (1) any international peacekeeping or peace-en24 forcement operation under the authority of chapter 

25 VI or chapter VII of the United Nations Charter 
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1 under the authority of a United Nations Security 

2 Council resolution; and 

3 (2) any other international peacekeeping, peace4 enforcement, or humanitarian assistance operation. 

5 (c) REQUIRED NOTICE.—A notice under subsection 

6 (a) shall include the following: 

7 (1) A description of the equipment, supplies, or 

8 services to be transferred. 

9 (2) A statement of the value of the equipment, 

10 supplies, or services to be transferred. 

11 (3) In the case of a proposed transfer of equip12 ment or supplies—

13 (A) a statement of whether the inventory 

14 requirements of all elements of the Armed 

15 Forces (including the reserve components) for 

16 the type of equipment or supplies to be trans17 ferred have been met; and 

18 (B) a statement of whether the items pro19 posed to be transferred will have to be replaced 

20 and, if so, how the President proposes to pro21 vide funds for such replacement. 

22 SEC. 8066. To the extent authorized by subchapter 

23 VI of chapter 148 of title 10, United States Code, the 

24 Secretary of Defense may issue loan guarantees in support 

25 of United States defense exports not otherwise provided 
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1 for: Provided, That the total contingent liability of the 

2 United States for guarantees issued under the authority 

3 of this section may not exceed $15,000,000,000: Provided 

4 further, That the exposure fees charged and collected by 

5 the Secretary for each guarantee shall be paid by the 

6 country involved and shall not be financed as part of a 

7 loan guaranteed by the United States: Provided further,

8 That the Secretary shall provide quarterly reports to the 

9 Committees on Appropriations, Armed Services, and For10 eign Relations of the Senate and the Committees on Ap11 propriations, Armed Services, and International Relations 

12 in the House of Representatives on the implementation of 

13 this program: Provided further, That amounts charged for 

14 administrative fees and deposited to the special account 

15 provided for under section 2540c(d) of title 10, shall be 

16 available for paying the costs of administrative expenses 

17 of the Department of Defense that are attributable to the 

18 loan guarantee program under subchapter VI of chapter 

19 148 of title 10, United States Code. 

20 SEC. 8067. None of the funds available to the De21 partment of Defense under this Act shall be obligated or 

22 expended to pay a contractor under a contract with the 

23 Department of Defense for costs of any amount paid by 

24 the contractor to an employee when—
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1 (1) such costs are for a bonus or otherwise in 

2 excess of the normal salary paid by the contractor 

3 to the employee; and 

4 (2) such bonus is part of restructuring costs as5 sociated with a business combination. 

6 SEC. 8068. (a) None of the funds appropriated or 

7 otherwise made available in this Act may be used to trans8 port or provide for the transportation of chemical muni9 tions or agents to the Johnston Atoll for the purpose of 

10 storing or demilitarizing such munitions or agents. 

11 (b) The prohibition in subsection (a) shall not apply 

12 to any obsolete World War II chemical munition or agent 

13 of the United States found in the World War II Pacific 

14 Theater of Operations. 

15 (c) The President may suspend the application of 

16 subsection (a) during a period of war in which the United 

17 States is a party. 

18 (INCLUDING TRANSFER OF FUNDS)

19 SEC. 8069. During the current fiscal year, no more 

20 than $30,000,000 of appropriations made in this Act 

21 under the heading ‘‘Operation and Maintenance, Defense22 Wide’’ may be transferred to appropriations available for 

23 the pay of military personnel, to be merged with, and to 

24 be available for the same time period as the appropriations 

25 to which transferred, to be used in support of such per26 sonnel in connection with support and services for eligible 
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1 organizations and activities outside the Department of De2 fense pursuant to section 2012 of title 10, United States 

3 Code. 

4 SEC. 8070. During the current fiscal year, in the case 

5 of an appropriation account of the Department of Defense 

6 for which the period of availability for obligation has ex7 pired or which has closed under the provisions of section 

8 1552 of title 31, United States Code, and which has a 

9 negative unliquidated or unexpended balance, an obliga10 tion or an adjustment of an obligation may be charged 

11 to any current appropriation account for the same purpose 

12 as the expired or closed account if—

13 (1) the obligation would have been properly 

14 chargeable (except as to amount) to the expired or 

15 closed account before the end of the period of avail16 ability or closing of that account; 

17 (2) the obligation is not otherwise properly 

18 chargeable to any current appropriation account of 

19 the Department of Defense; and 

20 (3) in the case of an expired account, the obli21 gation is not chargeable to a current appropriation 

22 of the Department of Defense under the provisions 

23 of section 1405(b)(8) of the National Defense Au24 thorization Act for Fiscal Year 1991, Public Law 

25 101–510, as amended (31 U.S.C. 1551 note): Pro-
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1 vided, That in the case of an expired account, if sub2 sequent review or investigation discloses that there 

3 was not in fact a negative unliquidated or unex4 pended balance in the account, any charge to a cur5 rent account under the authority of this section shall 

6 be reversed and recorded against the expired ac7 count: Provided further, That the total amount 

8 charged to a current appropriation under this sec9 tion may not exceed an amount equal to 1 percent 

10 of the total appropriation for that account. 

11 SEC. 8071. Funds appropriated for the Department 

12 of Defense in this Act or any other Act for the current 

13 fiscal year and hereafter for Operation and Maintenance 

14 or for the Defense Health Program for supervision and 

15 administration costs for facilities maintenance and repair, 

16 minor construction, or design projects may be obligated 

17 when the reimbursable order is accepted by the performing 

18 activity. For the purpose of this section, supervision and 

19 administration costs include all in-house Government 

20 costs. 

21 SEC. 8072. (a) During the current fiscal year and 

22 hereafter, the Chief of the National Guard Bureau may 

23 permit the use of equipment of the National Guard Dis24 tance Learning Project by any person or entity on a space25 available, reimbursable basis. The Chief of the National 
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1 Guard Bureau shall establish the amount of reimburse2 ment for such use on a case-by-case basis. 

3 (b) During the current fiscal year and hereafter, 

4 amounts collected under the subsection (a) shall be cred5 ited to funds then available for the National Guard Dis6 tance Learning Project and shall be available to defray 

7 the costs associated with the use of equipment of the Dis8 tance Learning Project under that subsection. Such funds 

9 shall be available for such purpose without fiscal year limi10 tation. 

11 SEC. 8073. Using funds available by this Act or any 

12 other Act, the Secretary of the Air Force, pursuant to a 

13 determination under section 2690 of title 10, United 

14 States Code, may implement cost-effective agreements for 

15 required heating facility modernization in the 

16 Kaiserslautern Military Community in the Federal Repub17 lic of Germany: Provided, That in the City of 

18 Kaiserslautern such agreements will include the use of 

19 United States anthracite as the base load energy for mu20 nicipal district heat to the United States Defense installa21 tions: Provided further, That at Landstuhl Army Regional 

22 Medical Center and Ramstein Air Base, furnished heat 

23 may be obtained from private, regional or municipal serv24 ices, if provisions are included for the consideration of 

25 United States coal as an energy source. 
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1 SEC. 8074. None of the funds appropriated in title 

2 IV of this Act may be used to procure end-items for deliv3 ery to military forces for operational training, operational 

4 use or inventory requirements: Provided, That this restric5 tion does not apply to end-items used in development, 

6 prototyping, and test activities preceding and leading to 

7 acceptance for operational use: Provided further, That this 

8 restriction does not apply to programs funded within the 

9 National Foreign Intelligence Program: Provided further,

10 That the Secretary of Defense may waive this restriction 

11 on a case-by-case basis by certifying in writing to the 

12 Committees on Appropriations of the House of Represent13 atives and the Senate that it is in the national security 

14 interest to do so. 

15 SEC. 8075. None of the funds made available in this 

16 Act may be used to approve or license the sale of the F–

17 22 advanced tactical fighter to any foreign government. 

18 SEC. 8076. (a) The Secretary of Defense may, on a 

19 case-by-case basis, waive with respect to a foreign country 

20 each limitation on the procurement of defense items from 

21 foreign sources provided in law if the Secretary determines 

22 that the application of the limitation with respect to that 

23 country would invalidate cooperative programs entered 

24 into between the Department of Defense and the foreign 

25 country, or would invalidate reciprocal trade agreements 
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1 for the procurement of defense items entered into under 

2 section 2531 of title 10, United States Code, and the 

3 country does not discriminate against the same or similar 

4 defense items produced in the United States for that coun5 try. 

6 (b) Subsection (a) applies with respect to—

7 (1) contracts and subcontracts entered into on 

8 or after the date of the enactment of this Act; and 

9 (2) options for the procurement of items that 

10 are exercised after such date under contracts that 

11 are entered into before such date if the option prices 

12 are adjusted for any reason other than the applica13 tion of a waiver granted under subsection (a). 

14 (c) Subsection (a) does not apply to a limitation re15 garding construction of public vessels, ball and roller bear16 ings, food, and clothing or textile materials as defined by 

17 section 11 (chapters 50–65) of the Harmonized Tariff 

18 Schedule and products classified under headings 4010, 

19 4202, 4203, 6401 through 6406, 6505, 7019, 7218 

20 through 7229, 7304.41 through 7304.49, 7306.40, 7502 

21 through 7508, 8105, 8108, 8109, 8211, 8215, and 9404. 

22 SEC. 8077. (a) PROHIBITION.—None of the funds 

23 made available by this Act may be used to support any 

24 training program involving a unit of the security forces 

25 of a foreign country if the Secretary of Defense has re-
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1 ceived credible information from the Department of State 

2 that the unit has committed a gross violation of human 

3 rights, unless all necessary corrective steps have been 

4 taken. 

5 (b) MONITORING.—The Secretary of Defense, in con6 sultation with the Secretary of State, shall ensure that 

7 prior to a decision to conduct any training program re8 ferred to in subsection (a), full consideration is given to 

9 all credible information available to the Department of 

10 State relating to human rights violations by foreign secu11 rity forces. 

12 (c) WAIVER.—The Secretary of Defense, after con13 sultation with the Secretary of State, may waive the prohi14 bition in subsection (a) if he determines that such waiver 

15 is required by extraordinary circumstances. 

16 (d) REPORT.—Not more than 15 days after the exer17 cise of any waiver under subsection (c), the Secretary of 

18 Defense shall submit a report to the congressional defense 

19 committees describing the extraordinary circumstances, 

20 the purpose and duration of the training program, the 

21 United States forces and the foreign security forces in22 volved in the training program, and the information relat23 ing to human rights violations that necessitates the waiv24 er. 
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1 SEC. 8078. The Secretary of Defense, in coordination 

2 with the Secretary of Health and Human Services, may 

3 carry out a program to distribute surplus dental equip4 ment of the Department of Defense, at no cost to the De5 partment of Defense, to Indian Health Service facilities 

6 and to federally-qualified health centers (within the mean7 ing of section 1905(l)(2)(B) of the Social Security Act (42 

8 U.S.C. 1396d(l)(2)(B))). 

9 SEC. 8079. None of the funds appropriated or made 

10 available in this Act to the Department of the Navy shall 

11 be used to develop, lease or procure the T–AKE class of 

12 ships unless the main propulsion diesel engines and 

13 propulsors are manufactured in the United States by a 

14 domestically operated entity: Provided, That the Secretary 

15 of Defense may waive this restriction on a case-by-case 

16 basis by certifying in writing to the Committees on Appro17 priations of the House of Representatives and the Senate 

18 that adequate domestic supplies are not available to meet 

19 Department of Defense requirements on a timely basis 

20 and that such an acquisition must be made in order to 

21 acquire capability for national security purposes or there 

22 exists a significant cost or quality difference. 

23 SEC. 8080. None of the funds appropriated or other24 wise made available by this or other Department of De25 fense Appropriations Acts may be obligated or expended 
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1 for the purpose of performing repairs or maintenance to 

2 military family housing units of the Department of De3 fense, including areas in such military family housing 

4 units that may be used for the purpose of conducting offi5 cial Department of Defense business. 

6 SEC. 8081. Notwithstanding any other provision of 

7 law, funds appropriated in this Act under the heading 

8 ‘‘Research, Development, Test and Evaluation, Defense9 Wide’’ for any advanced concept technology demonstration 

10 project may only be obligated 30 days after a report, in11 cluding a description of the project and its estimated an12 nual and total cost, has been provided in writing to the 

13 congressional defense committees: Provided, That the Sec14 retary of Defense may waive this restriction on a case15 by-case basis by certifying to the congressional defense 

16 committees that it is in the national interest to do so. 

17 SEC. 8082. Notwithstanding any other provision of 

18 law, for the purpose of establishing all Department of De19 fense policies governing the provision of care provided by 

20 and financed under the military health care system’s case 

21 management program under 10 U.S.C. 1079(a)(17), the 

22 term ‘‘custodial care’’ shall be defined as care designed 

23 essentially to assist an individual in meeting the activities 

24 of daily living and which does not require the supervision 

25 of trained medical, nursing, paramedical or other specially 
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1 trained individuals: Provided, That the case management 

2 program shall provide that members and retired members 

3 of the military services, and their dependents and sur4 vivors, have access to all medically necessary health care 

5 through the health care delivery system of the military 

6 services regardless of the health care status of the person 

7 seeking the health care: Provided further, That the case 

8 management program shall be the primary obligor for pay9 ment of medically necessary services and shall not be con10 sidered as secondarily liable to title XIX of the Social Se11 curity Act, other welfare programs or charity based care. 

12 SEC. 8083. During the current fiscal year and here13 after, refunds attributable to the use of the Government 

14 travel card, refunds attributable to the use of the Govern15 ment Purchase Card and refunds attributable to official 

16 Government travel arranged by Government Contracted 

17 Travel Management Centers may be credited to operation 

18 and maintenance accounts of the Department of Defense 

19 which are current when the refunds are received. 

20 SEC. 8084. (a) REGISTERING FINANCIAL MANAGE21 MENT INFORMATION TECHNOLOGY SYSTEMS WITH DOD 

22 CHIEF INFORMATION OFFICER.—None of the funds ap23 propriated in this Act may be used for a mission critical 

24 or mission essential financial management information 

25 technology system (including a system funded by the de-
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1 fense working capital fund) that is not registered with the 

2 Chief Information Officer of the Department of Defense. 

3 A system shall be considered to be registered with that 

4 officer upon the furnishing to that officer of notice of the 

5 system, together with such information concerning the 

6 system as the Secretary of Defense may prescribe. A fi7 nancial management information technology system shall 

8 be considered a mission critical or mission essential infor9 mation technology system as defined by the Under Sec10 retary of Defense (Comptroller). 

11 (b) CERTIFICATIONS AS TO COMPLIANCE WITH FI12 NANCIAL MANAGEMENT MODERNIZATION PLAN.—

13 (1) During the current fiscal year, a financial 

14 management automated information system, a mixed 

15 information system supporting financial and non-fi16 nancial systems, or a system improvement of more 

17 than $1,000,000 may not receive Milestone A ap18 proval, Milestone B approval, or full rate production, 

19 or their equivalent, within the Department of De20 fense until the Under Secretary of Defense (Comp21 troller) certifies, with respect to that milestone, that 

22 the system is being developed and managed in ac23 cordance with the Department’s Financial Manage24 ment Modernization Plan. The Under Secretary of 

25 Defense (Comptroller) may require additional certifi-
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1 cations, as appropriate, with respect to any such sys2 tem. 

3 (2) The Chief Information Officer shall provide 

4 the congressional defense committees timely notifica5 tion of certifications under paragraph (1). 

6 (c) CERTIFICATIONS AS TO COMPLIANCE WITH

7 CLINGER-COHEN ACT.—

8 (1) During the current fiscal year, a major 

9 automated information system may not receive Mile10 stone A approval, Milestone B approval, or full rate 

11 production approval, or their equivalent, within the 

12 Department of Defense until the Chief Information 

13 Officer certifies, with respect to that milestone, that 

14 the system is being developed in accordance with the 

15 Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.). 

16 The Chief Information Officer may require addi17 tional certifications, as appropriate, with respect to 

18 any such system. 

19 (2) The Chief Information Officer shall provide 

20 the congressional defense committees timely notifica21 tion of certifications under paragraph (1). Each 

22 such notification shall include, at a minimum, the 

23 funding baseline and milestone schedule for each 

24 system covered by such a certification and confirma-
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1 tion that the following steps have been taken with 

2 respect to the system: 

3 (A) Business process reengineering. 

4 (B) An analysis of alternatives. 

5 (C) An economic analysis that includes a 

6 calculation of the return on investment. 

7 (D) Performance measures. 

8 (E) An information assurance strategy 

9 consistent with the Department’s Global Infor10 mation Grid. 

11 (d) DEFINITIONS.—For purposes of this section: 

12 (1) The term ‘‘Chief Information Officer’’ 

13 means the senior official of the Department of De14 fense designated by the Secretary of Defense pursu15 ant to section 3506 of title 44, United States Code. 

16 (2) The term ‘‘information technology system’’ 

17 has the meaning given the term ‘‘information tech18 nology’’ in section 5002 of the Clinger-Cohen Act of 

19 1996 (40 U.S.C. 1401). 

20 SEC. 8085. During the current fiscal year, none of 

21 the funds available to the Department of Defense may be 

22 used to provide support to another department or agency 

23 of the United States if such department or agency is more 

24 than 90 days in arrears in making payment to the Depart25 ment of Defense for goods or services previously provided 
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1 to such department or agency on a reimbursable basis: 

2 Provided, That this restriction shall not apply if the de3 partment is authorized by law to provide support to such 

4 department or agency on a nonreimbursable basis, and is 

5 providing the requested support pursuant to such author6 ity: Provided further, That the Secretary of Defense may 

7 waive this restriction on a case-by-case basis by certifying 

8 in writing to the Committees on Appropriations of the 

9 House of Representatives and the Senate that it is in the 

10 national security interest to do so. 

11 SEC. 8086. None of the funds provided in this Act 

12 may be used to transfer to any nongovernmental entity 

13 ammunition held by the Department of Defense that has 

14 a center-fire cartridge and a United States military no15 menclature designation of ‘‘armor penetrator’’, ‘‘armor 

16 piercing (AP)’’, ‘‘armor piercing incendiary (API)’’, or 

17 ‘‘armor-piercing incendiary-tracer (API–T)’’, except to an 

18 entity performing demilitarization services for the Depart19 ment of Defense under a contract that requires the entity 

20 to demonstrate to the satisfaction of the Department of 

21 Defense that armor piercing projectiles are either: (1) ren22 dered incapable of reuse by the demilitarization process; 

23 or (2) used to manufacture ammunition pursuant to a con24 tract with the Department of Defense or the manufacture 

25 of ammunition for export pursuant to a License for Per-
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1 manent Export of Unclassified Military Articles issued by 

2 the Department of State. 

3 SEC. 8087. Notwithstanding any other provision of 

4 law, the Chief of the National Guard Bureau, or his des5 ignee, may waive payment of all or part of the consider6 ation that otherwise would be required under 10 U.S.C. 

7 2667, in the case of a lease of personal property for a 

8 period not in excess of 1 year to any organization specified 

9 in 32 U.S.C. 508(d), or any other youth, social, or fra10 ternal non-profit organization as may be approved by the 

11 Chief of the National Guard Bureau, or his designee, on 

12 a case-by-case basis. 

13 SEC. 8088. None of the funds appropriated by this 

14 Act shall be used for the support of any nonappropriated 

15 funds activity of the Department of Defense that procures 

16 malt beverages and wine with nonappropriated funds for 

17 resale (including such alcoholic beverages sold by the 

18 drink) on a military installation located in the United 

19 States unless such malt beverages and wine are procured 

20 within that State, or in the case of the District of Colum21 bia, within the District of Columbia, in which the military 

22 installation is located: Provided, That in a case in which 

23 the military installation is located in more than one State, 

24 purchases may be made in any State in which the installa25 tion is located: Provided further, That such local procure-
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1 ment requirements for malt beverages and wine shall 

2 apply to all alcoholic beverages only for military installa3 tions in States which are not contiguous with another 

4 State: Provided further, That alcoholic beverages other 

5 than wine and malt beverages, in contiguous States and 

6 the District of Columbia shall be procured from the most 

7 competitive source, price and other factors considered. 

8 SEC. 8089. (a) The Department of Defense is author9 ized to enter into agreements with the Department of Vet10 erans Affairs and federally-funded health agencies pro11 viding services to Native Hawaiians for the purpose of es12 tablishing a partnership similar to the Alaska Federal 

13 Health Care Partnership, in order to maximize Federal 

14 resources in the provision of health care services by feder15 ally-funded health agencies, applying telemedicine tech16 nologies. For the purpose of this partnership, Native Ha17 waiians shall have the same status as other Native Ameri18 cans who are eligible for the health care services provided 

19 by the Indian Health Service. 

20 (b) The Department of Defense is authorized to de21 velop a consultation policy, consistent with Executive 

22 Order No. 13084 (issued May 14, 1998), with Native Ha23 waiians for the purpose of assuring maximum Native Ha24 waiian participation in the direction and administration of 

25 governmental services so as to render those services more 
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1 responsive to the needs of the Native Hawaiian commu2 nity. 

3 (c) For purposes of this section, the term ‘‘Native 

4 Hawaiian’’ means any individual who is a descendant of 

5 the aboriginal people who, prior to 1778, occupied and ex6 ercised sovereignty in the area that now comprises the 

7 State of Hawaii. 

8 SEC. 8090. Funds available to the Department of De9 fense for the Global Positioning System during the current 

10 fiscal year may be used to fund civil requirements associ11 ated with the satellite and ground control segments of 

12 such system’s modernization program. 

13 (INCLUDING TRANSFER OF FUNDS)

14 SEC. 8091. Of the amounts appropriated in this Act 

15 under the heading, ‘‘Research, Development, Test and 

16 Evaluation, Defense-Wide’’, $48,000,000 shall remain 

17 available until expended: Provided, That notwithstanding 

18 any other provision of law, the Secretary of Defense is 

19 authorized to transfer such funds to other activities of the 

20 Federal Government: Provided further, That of the 

21 amounts made available under the heading ‘‘Operation 

22 and Maintenance, Army’’, up to $177,000,000 shall re23 main available until expended, and is available for the ac24 quisition of real property, construction, personal services, 

25 and operations, for certain classified activities, and may 

26 be transferred to other appropriations accounts of the De-
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1 partment of Defense, and notwithstanding any other pro2 vision of law, such funds may be obligated to carry out 

3 projects not otherwise authorized by law: Provided further, 

4 That any funds transferred shall be merged with and 

5 made available for the same time period and for the same 

6 purposes as the appropriations to which transferred: Pro7 vided further, That the transfer authority provided in this 

8 paragraph is in addition to any other transfer authority 

9 provided to the Department of Defense. 

10 SEC. 8092. Section 8106 of the Department of De11 fense Appropriations Act, 1997 (titles I through VIII of 

12 the matter under subsection 101(b) of Public Law 104–

13 208; 110 Stat. 3009–111; 10 U.S.C. 113 note) shall con14 tinue in effect to apply to disbursements that are made 

15 by the Department of Defense in fiscal year 2004. 

16 SEC. 8093. In addition to amounts provided in this 

17 Act, $2,000,000 is hereby appropriated for ‘‘Defense 

18 Health Program’’, to remain available for obligation until 

19 expended: Provided, That notwithstanding any other pro20 vision of law, these funds shall be available only for a 

21 grant to the Fisher House Foundation, Inc., only for the 

22 construction and furnishing of additional Fisher Houses 

23 to meet the needs of military family members when con24 fronted with the illness or hospitalization of an eligible 

25 military beneficiary. 
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1 SEC. 8094. Amounts appropriated in title II are here2 by reduced by $172,500,000 to reflect savings attributable 

3 to improvements in the management of professional sup4 port services, surveys and analysis, and engineering and 

5 technical support contracted by the military departments, 

6 as follows: 

7 (1) From ‘‘Operation and Maintenance, Army’’, 

8 $21,500,000. 

9 (2) From ‘‘Operation and Maintenance, Navy’’, 

10 $34,400,000. 

11 (3) From ‘‘Operation and Maintenance, Marine 

12 Corps’’, $4,300,000. 

13 (4) From ‘‘Operation and Maintenance, Air 

14 Force’’, $21,300,000. 

15 (5) From ‘‘Operation and Maintenance, De16 fense-Wide’’, $91,000,000. 

17 (INCLUDING TRANSFER OF FUNDS)

18 SEC. 8095. Of the amounts appropriated in this Act 

19 under the heading ‘‘Shipbuilding and Conversion, Navy’’, 

20 $899,502,000 shall be available until September 30, 2004, 

21 to fund prior year shipbuilding cost increases: Provided,

22 That upon enactment of this Act, the Secretary of the 

23 Navy shall transfer such funds to the following appropria24 tions in the amounts specified: Provided further, That the 

25 amounts transferred shall be merged with and be available 
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1 for the same purposes as the appropriations to which 

2 transferred: 

3 To: 

4 Under the heading, ‘‘Shipbuilding and Conver5 sion, Navy, 1996/04’’: 

6 LPD–17 Amphibious Transport Dock Ship 

7 Program, $150,300,000; 

8 Under the heading, ‘‘Shipbuilding and Conver9 sion, Navy, 1998/04’’: 

10 New SSN, $81,060,000; 

11 Under the heading, ‘‘Shipbuilding and Conver12 sion, Navy, 1999/04’’: 

13 DDG–51 Destroyer Program, 

14 $44,420,000; 

15 New SSN, $166,978,000; 

16 LPD–17 Amphibious Transport Dock Ship 

17 Program $86,821,000; 

18 Under the heading, ‘‘Shipbuilding and Conver19 sion, Navy, 2000/04’’: 

20 DDG–51 Destroyer Program, 

21 $69,460,000; 

22 LPD–17 Amphibious Transport Dock Ship 

23 Program $112,778,000; and 

24 Under the heading, ‘‘Shipbuilding and Conver25 sion, Navy, 2001/04’’: 
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1 DDG–51 Destroyer Program, 

2 $90,313,000; and 

3 New SSN, $97,372,000. 

4 SEC. 8096. The Secretary of the Navy may settle, 

5 or compromise, and pay any and all admiralty claims 

6 under 10 U.S.C. 7622 arising out of the collision involving 

7 the U.S.S. GREENEVILLE and the EHIME MARU, in 

8 any amount and without regard to the monetary limita9 tions in subsections (a) and (b) of that section: Provided,

10 That such payments shall be made from funds available 

11 to the Department of the Navy for operation and mainte12 nance. 

13 SEC. 8097. Notwithstanding any other provision of 

14 law or regulation, the Secretary of Defense may exercise 

15 the provisions of 38 U.S.C. 7403(g) for occupations listed 

16 in 38 U.S.C. 7403(a)(2) as well as the following: 

17 Pharmacists, Audiologists, and Dental Hygien18 ists. 

19 (A) The requirements of 38 U.S.C. 

20 7403(g)(1)(A) shall apply. 

21 (B) The limitations of 38 U.S.C. 

22 7403(g)(1)(B) shall not apply. 

23 SEC. 8098. Funds appropriated by this Act, or made 

24 available by the transfer of funds in this Act, for intel25 ligence activities are deemed to be specifically authorized 
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1 by the Congress for purposes of section 504 of the Na2 tional Security Act of 1947 (50 U.S.C. 414) during fiscal 

3 year 2004 until the enactment of the Intelligence Author4 ization Act for fiscal year 2004. 

5 SEC. 8099. The total amount appropriated in title II 

6 is hereby reduced by $320,000,000 to reduce cost growth 

7 in information technology development, to be derived as 

8 follows: 

9 (1) From ‘‘Operation and Maintenance, Army’’, 

10 $60,000,000. 

11 (2) From ‘‘Operation and Maintenance, Navy’’, 

12 $100,000,000. 

13 (3) From ‘‘Operation and Maintenance, Air 

14 Force’’, $100,000,000. 

15 (4) From ‘‘Operation and Maintenance, De16 fense-Wide’’, $60,000,000. 

17 SEC. 8100. None of the funds in this Act may be 

18 used to initiate a new start program without prior notifica19 tion to the Office of Secretary of Defense and the congres20 sional defense committees. 

21 SEC. 8101. The amounts appropriated in title II are 

22 hereby reduced by $539,000,000 to reflect cash balance 

23 and rate stabilization adjustments in Department of De24 fense Working Capital Funds, as follows: 
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1 (1) From ‘‘Operation and Maintenance, Army’’, 

2 $107,000,000. 

3 (2) From ‘‘Operation and Maintenance, Navy’’, 

4 $45,000,000. 

5 (3) From ‘‘Operation and Maintenance, Air 

6 Force’’, $387,000,000. 

7 SEC. 8102. The amount appropriated in title II for 

8 ‘‘Operation and Maintenance, Navy’’ is hereby reduced by 

9 $67,000,000 to reduce excess funded carryover. 

10 SEC. 8103. (a) In addition to the amounts provided 

11 elsewhere in this Act, the amount of $5,500,000 is hereby 

12 appropriated to the Department of Defense for ‘‘Oper13 ation and Maintenance, Army National Guard’’. Such 

14 amount shall be made available to the Secretary of the 

15 Army only to make a grant in the amount of $5,500,000 

16 to the entity specified in subsection (b) to facilitate access 

17 by veterans to opportunities for skilled employment in the 

18 construction industry. 

19 (b) The entity referred to in subsection (a) is the 

20 Center for Military Recruitment, Assessment and Vet21 erans Employment, a nonprofit labor-management co-op22 eration committee provided for by section 302(c)(9) of the 

23 Labor-Management Relations Act, 1947 (29 U.S.C. 

24 186(c)(9)), for the purposes set forth in section 6(b) of 
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1 the Labor Management Cooperation Act of 1978 (29 

2 U.S.C. 175a note). 

3 SEC. 8104. (a) During the current fiscal year and 

4 hereafter, funds available to the Secretary of a military 

5 department for Operation and Maintenance may be used 

6 for the purposes stated in subsection (b) to support chap7 lain-led programs to assist members of the Armed Forces 

8 and their immediate family members in building and 

9 maintaining a strong family structure. 

10 (b) The purposes referred to in subsection (a) are 

11 costs of transportation, food, lodging, supplies, fees, and 

12 training materials for members of the Armed Forces and 

13 their family members while participating in such pro14 grams, including participation at retreats and conferences. 

15 SEC. 8105. FINANCING AND FIELDING OF KEY ARMY

16 CAPABILITIES.—The Department of Defense and the De17 partment of the Army shall make future budgetary and 

18 programming plans to fully finance the Non-Line of Sight 

19 (NLOS) Objective Force cannon and resupply vehicle pro20 gram in order to field this system in the 2008 timeframe. 

21 As an interim capability to enhance Army lethality, surviv22 ability, and mobility for light and medium forces before 

23 complete fielding of the Objective Force, the Army shall 

24 ensure that budgetary and programmatic plans will pro-
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1 vide for no fewer than six Stryker Brigade Combat Teams 

2 to be fielded between 2003 and 2008. 

3 SEC. 8106. (a) MANAGEMENT OF CHEMICAL DEMILI4 TARIZATION ACTIVITIES AT BLUEGRASS ARMY DEPOT, 

5 KENTUCKY.—If a technology other than the baseline in6 cineration program is selected for the destruction of lethal 

7 chemical munitions pursuant to section 142 of the Strom 

8 Thurmond National Defense Authorization Act for Fiscal 

9 Year 1999 (Public Law 105–261; 50 U.S.C. 1521 note), 

10 the program manager for the Assembled Chemical Weap11 ons Assessment shall be responsible for management of 

12 the construction, operation, and closure, and any con13 tracting relating thereto, of chemical demilitarization ac14 tivities at Bluegrass Army Depot, Kentucky, including 

15 management of the pilot-scale facility phase of the alter16 native technology. 

17 (b) MANAGEMENT OF CHEMICAL DEMILITARIZATION

18 ACTIVITIES AT PUEBLO DEPOT, COLORADO.—The pro19 gram manager for the Assembled Chemical Weapons As20 sessment shall be responsible for management of the con21 struction, operation, and closure, and any contracting re22 lating thereto, of chemical demilitarization activities at 

23 Pueblo Army Depot, Colorado, including management of 

24 the pilot-scale facility phase of the alternative technology 

25 selected for the destruction of lethal chemical munitions. 
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1 SEC. 8107. In addition to the amounts appropriated 

2 or otherwise made available in this Act, $6,500,000, to 

3 remain available until September 30, 2004, is hereby ap4 propriated to the Department of Defense: Provided, That 

5 the Secretary of Defense shall make grants in the amount 

6 of $4,000,000 to the American Red Cross for Armed 

7 Forces Emergency Services; and $2,500,000 to the In8 trepid Sea-Air-Space Foundation. 

9 SEC. 8108. None of the funds appropriated in this 

10 Act under the heading ‘‘Overseas Contingency Operations 

11 Transfer Fund’’ may be transferred or obligated for De12 partment of Defense expenses not directly related to the 

13 conduct of overseas contingencies: Provided, That the Sec14 retary of Defense shall submit a report no later than 30 

15 days after the end of each fiscal quarter to the Committees 

16 on Appropriations of the Senate and House of Representa17 tives that details any transfer of funds from the ‘‘Overseas 

18 Contingency Operations Transfer Fund’’: Provided fur19 ther, That the report shall explain any transfer for the 

20 maintenance of real property, pay of civilian personnel, 

21 base operations support, and weapon, vehicle or equipment 

22 maintenance. 

23 SEC. 8109. For purposes of section 1553(b) of title 

24 31, United States Code, any subdivision of appropriations 

25 made in this Act under the heading ‘‘Shipbuilding and 
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1 Conversion, Navy’’ shall be considered to be for the same 

2 purpose as any subdivision under the heading ‘‘Ship3 building and Conversion, Navy’’ appropriations in any 

4 prior fiscal year, and the 1 percent limitation shall apply 

5 to the total amount of the appropriation. 

6 SEC. 8110. None of the funds in this Act may be 

7 used for research, development, test, evaluation, procure8 ment or deployment of nuclear armed interceptors of a 

9 missile defense system. 

10 SEC. 8111. Notwithstanding section 2465 of title 10 

11 U.S.C., the Secretary of the Navy may use funds appro12 priated in title II of this Act under the heading, ‘‘Oper13 ation and Maintenance, Navy’’, to liquidate the expenses 

14 incurred for private security guard services performed at 

15 the Naval Support Unit, Saratoga Springs, New York by 

16 Burns International Security Services, Albany, New York 

17 in the amount of $29,323.35, plus accrued interest, if any. 

18 SEC. 8112. Of the amounts provided in title II of this 

19 Act under the heading, ‘‘Operation and Maintenance, De20 fense-Wide’’, $20,000,000 is available for the Regional 

21 Defense Counter-terrorism Fellowship Program, to fund 

22 the education and training of foreign military officers, 

23 ministry of defense civilians, and other foreign security of24 ficials, to include United States military officers and civil-
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1 ian officials whose participation directly contributes to the 

2 education and training of these foreign students. 

3 SEC. 8113. (a) EXCHANGE REQUIRED.—In exchange 

4 for the private property described in subsection (b), the 

5 Secretary of the Interior shall convey to the Veterans 

6 Home of California—Barstow, Veterans of Foreign Wars 

7 Post #385E (in this section referred to as the ‘‘recipi8 ent’’), all right, title, and interest of the United States 

9 in and to a parcel of real property consisting of approxi10 mately one acre in the Mojave National Preserve and des11 ignated (by section 8137 of the Department of Defense 

12 Appropriations Act, 2002 (Public Law 107–117; 115 Stat. 

13 2278)) as a national memorial commemorating United 

14 States participation in World War I and honoring the 

15 American veterans of that war. Notwithstanding the con16 veyance of the property under this subsection, the Sec17 retary shall continue to carry out the responsibilities of 

18 the Secretary under such section 8137. 

19 (b) CONSIDERATION.—As consideration for the prop20 erty to be conveyed by the Secretary under subsection (a), 

21 Mr. and Mrs. Henry Sandoz of Mountain Pass, California, 

22 have agreed to convey to the Secretary a parcel of real 

23 property consisting of approximately five acres, identified 

as parcel APN 569–051–44, and located in the west 1 24 ⁄2

of the northeast 1⁄4 of the northwest 1 25 ⁄4 of the northwest 
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1 1 ⁄4 of section 11, township 14 north, range 15 east, San 

2 Bernardino base and meridian. 

3 (c) EQUAL VALUE EXCHANGE; APPRAISAL.—The 

4 values of the properties to be exchanged under this section 

5 shall be equal or equalized as provided in subsection (d). 

6 The value of the properties shall be determined through 

7 an appraisal performed by a qualified appraiser in con8 formance with the Uniform Appraisal Standards for Fed9 eral Land Acquisitions (Department of Justice, December 

10 2000). 

11 (d) CASH EQUALIZATION.—Any difference in the 

12 value of the properties to be exchanged under this section 

13 shall be equalized through the making of a cash equali14 zation payment. The Secretary shall deposit any cash 

15 equalization payment received by the Secretary under this 

16 subsection in the Land and Water Conservation Fund. 

17 (e) REVERSIONARY CLAUSE.—The conveyance under 

18 subsection (a) shall be subject to the condition that the 

19 recipient maintain the conveyed property as a memorial 

20 commemorating United States participation in World War 

21 I and honoring the American veterans of that war. If the 

22 Secretary determines that the conveyed property is no 

23 longer being maintained as a war memorial, the property 

24 shall revert to the ownership of the United States. 
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1 (f) BOUNDARY ADJUSTMENT; ADMINISTRATION OF

2 ACQUIRED LAND.—The boundaries of the Mojave Na3 tional Preserve shall be adjusted to reflect the land ex4 change required by this section. The property acquired by 

5 the Secretary under this section shall become part of the 

6 Mojave National Preserve and be administered in accord7 ance with the laws, rules, and regulations generally appli8 cable to the Mojave National Preserve. 

9 SEC. 8114. None of the funds appropriated or made 

10 available in this Act shall be used to reduce or disestablish 

11 the operation of the 53d Weather Reconnaissance Squad12 ron of the Air Force Reserve, if such action would reduce 

13 the WC–130 Weather Reconnaissance mission below the 

14 levels funded in this Act. 

15 SEC. 8115. The Secretary of the Air Force shall con16 vey, without consideration, to the Inland Valley Develop17 ment Agency all right, title, and interest of the United 

18 States in and to certain parcels of real property, including 

19 improvements thereon, located in San Bernardino, Cali20 fornia, that consist of approximately 39 acres and are 

21 leased, as of June 1, 2003, by the Secretary to the De22 fense Finance and Accounting Service. The conveyance 

23 shall be subject to the condition that the Inland Valley 

24 Development Agency and the Director of the Defense Fi25 nance and Accounting Service enter into a lease-back 
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1 agreement, acceptable to the Director, for premises re2 quired by the Director for support operations conducted 

3 by the Defense Finance and Accounting Service. 

4 SEC. 8116. Notwithstanding the provisions of section 

5 2401 of title 10, United States Code, the Secretary of the 

6 Navy is authorized to enter into a contract for the charter 

7 for a period through fiscal year 2008, of the vessel, RV 

8 CORY CHOUEST (United States Official Number 

9 933435) in support of the Surveillance Towed Array Sen10 sor (SURTASS) program: Provided, That funding for this 

11 lease shall be from within funds provided in this Act and 

12 future appropriations Acts. 

13 SEC. 8117. In addition to the amounts appropriated 

14 or otherwise made available elsewhere in this Act, and not15 withstanding any other provision of law, $20,000,000 is 

16 hereby appropriated to ‘‘Operation and Maintenance, 

17 Army’’, to remain available until September 30, 2004, to 

18 be available only for a grant in the amount of $20,000,000 

19 to the Silver Valley Unified School District, Silver Valley, 

20 California, for the purpose of school construction at Fort 

21 Irwin, California. 

22 SEC. 8118. Amounts appropriated in title II are here23 by reduced by $294,000,000 to reflect savings attributable 

24 to efficiencies and management improvements in the fund-
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1 ing of miscellaneous or other contracts in the military de2 partments, as follows: 

3 (1) From ‘‘Operation and Maintenance, Army,’’ 

4 $27,000,000; 

5 (2) From ‘‘Operation and Maintenance, Navy,’’ 

6 $50,000,000; and 

7 (3) From ‘‘Operation and Maintenance, Air 

8 Force’’, $217,000,000. 

9 SEC. 8119. The amount appropriated in title II for 

10 ‘‘Operation and Maintenance, Air Force’’ is hereby re11 duced by $600,000,000 to reflect cash balance and rate 

12 stabilization adjustments in the Department of Defense 

13 Transportation Working Capital Fund. 

14 (RESCISSION)

15 SEC. 8120. Of the funds made available in chapter 

16 3 of title I of the Emergency Wartime Supplemental Ap17 propriations Act, 2003 (Public Law 108–11), under the 

18 heading ‘‘Iraq Freedom Fund’’ (117 Stat. 563), 

19 $2,000,000,000 is hereby rescinded. 

20 SEC. 8121. Of the total amount appropriated by this 

21 Act under the heading ‘‘Operation and Maintenance, De22 fense-Wide’’ to provide assistance to local educational 

23 agencies for children of members of the Armed Forces and 

24 Department of Defense civilian employees with severe dis25 abilities, the Secretary of Defense may use up to $855,566 

26 to make additional payment under section 363 of the 
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1 Floyd D. Spence National Defense Authorization Act for 

2 Fiscal Year 2001 (20 U.S.C. 7703(a)) to those local edu3 cational agencies whose percentage reduction in the pay4 ment amount for fiscal year 2002 was in excess of the 

5 reduction otherwise imposed under subsection (d) of such 

6 section for that fiscal year. The Secretary of Defense may 

7 waive collection of any overpayment made to local edu8 cational agencies under such section for fiscal year 2002. 

9 (INCLUDING TRANSFER OF FUNDS)

10 SEC. 8122. None of the funds made available in this 

11 Act may be transferred to any department, agency, or in12 strumentality of the United States Government, except 

13 pursuant to a transfer made by, or transfer authority pro14 vided in, this Act or any other appropriations Act. 

15 SEC. 8123. None of the funds appropriated or other16 wise made available by this Act may be used to implement 

17 any amendment or revision of, or cancel, the Department 

18 of Defense Directive 1344.7, ‘‘Personal Commercial Solici19 tation on DoD Installations’’, until 90 days following the 

20 date the Secretary of Defense submits to Congress notice 

21 of the amendment, revision or cancellation, and the rea22 sons therefore. 

23 SEC. 8124. LIMITATION ON DEPLOYMENT OF TER24 RORISM INFORMATION AWARENESS PROGRAM.—

25 (1) Notwithstanding any other provision of law 

26 and except as provided in paragraph (2), if and 
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1 when research and development on the Terrorism 

2 Information Awareness program (formerly known as 

3 the Total Information Awareness program), or any 

4 component of such program, permits the deployment 

5 or implementation of such program or component, 

6 no department, agency, or element of the Federal 

7 Government may deploy or implement such program 

8 or component, or transfer such program or compo9 nent to another department, agency, or element of 

10 the Federal Government, until the Secretary of De11 fense—

12 (A) notifies Congress of that development, 

13 including a specific and detailed description 

14 of—

15 (i) each element or component of such 

16 program intended to be deployed or imple17 mented; and 

18 (ii) the method and scope of the in19 tended deployment or implementation of 

20 such program or component (including the 

21 data or information to be accessed or 

22 used); and 

23 (B) has received specific authorization by 

24 law from Congress for the deployment or imple-
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1 mentation of such program or component, in2 cluding—

3 (i) a specific authorization by law for 

4 the deployment or implementation of such 

5 program or component; and 

6 (ii) a specific appropriation by law of 

7 funds for the deployment or implementa8 tion of such program or component. 

9 (2) The limitation in paragraph (1) shall not 

10 apply with respect to the deployment or implementa11 tion of the Terrorism Information Awareness pro12 gram, or a component of such program, in support 

13 of the following: 

14 (A) Lawful military operations of the 

15 United States conducted outside the United 

16 States. 

17 (B) Lawful foreign intelligence activities 

18 conducted wholly overseas, or wholly against 

19 non-United States citizens. 

20 SEC. 8125. (a) CLOSURE OF NAVAL STATION ROO21 SEVELT ROADS, PUERTO RICO.—Notwithstanding any 

22 other provision of law, the Secretary of the Navy shall 

23 close Naval Station Roosevelt Roads, Puerto Rico, no later 

24 than six months after enactment of this Act. 

25 (b) DISPOSAL.—
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1 (1) The Secretary of the Navy shall exercise the 

2 authority granted to the Administrator of the Gen3 eral Services pursuant to section 545 of title 40 and 

4 dispose of the real property and associated personal 

5 property at the former Naval Station by public sale. 

6 (2) The Secretary of the Navy may transfer ex7 cess personal property or dispose of surplus personal 

8 property located at the installation pursuant to the 

9 Federal Property and Administrative Services Act of 

10 1949 (40 U.S.C. 521 et seq.). 

11 (c) The Secretary of the Navy may use funds in the 

12 Department of Defense Base Closure Account established 

13 by section 2906 of the Defense Base Closure and Realign14 ment Act of 1990, Public Law 101–510 to implement the 

15 closure. 

16 (d) There shall be deposited into the Account referred 

17 to in subsection (c) the proceeds of sale from the disposal 

18 of property authorized by subsection (b) for the benefit 

19 of the Department of the Navy.

20 This Act may be cited as the ‘‘Department of Defense 

21 Appropriations Act, 2004’’. 

, 

Union Calendar No. 96

108TH CONGRESS 

1ST SESSION H. R. 2658

[Report No. 108–187] 

A BILL

Making appropriations for the Department of Defense for the fiscal year ending September 30, 

2004, and for other purposes. 

JULY 2, 2003

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed