108TH CONGRESS

1ST SESSION H. R. 2658

AN ACT

Making appropriations for the Department of Defense for the fiscal year ending September 30,

2004, and for other purposes.

108TH CONGRESS

1ST SESSION H. R. 2658

AN ACT

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,
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1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

3 fiscal year ending September 30, 2004, for military func4 tions administered by the Department of Defense and for

5 other purposes, namely:

6 TITLE I

7 MILITARY PERSONNEL

8 MILITARY PERSONNEL, ARMY

9 For pay, allowances, individual clothing, subsistence,

10 interest on deposits, gratuities, permanent change of sta11 tion travel (including all expenses thereof for organiza12 tional movements), and expenses of temporary duty travel

13 between permanent duty stations, for members of the

14 Army on active duty, (except members of reserve compo15 nents provided for elsewhere), cadets, and aviation cadets;

16 and for payments pursuant to section 156 of Public Law

17 97–377, as amended (42 U.S.C. 402 note), and to the De18 partment of Defense Military Retirement Fund,

19 $28,233,436,000.

20 MILITARY PERSONNEL, NAVY

21 For pay, allowances, individual clothing, subsistence,

22 interest on deposits, gratuities, permanent change of sta23 tion travel (including all expenses thereof for organiza24 tional movements), and expenses of temporary duty travel

25 between permanent duty stations, for members of the
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1 Navy on active duty (except members of the Reserve pro2 vided for elsewhere), midshipmen, and aviation cadets; and

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

4 377, as amended (42 U.S.C. 402 note), and to the Depart5 ment of Defense Military Retirement Fund,

6 $23,052,001,000.

7 MILITARY PERSONNEL, MARINE CORPS

8 For pay, allowances, individual clothing, subsistence,

9 interest on deposits, gratuities, permanent change of sta10 tion travel (including all expenses thereof for organiza11 tional movements), and expenses of temporary duty travel

12 between permanent duty stations, for members of the Ma13 rine Corps on active duty (except members of the Reserve

14 provided for elsewhere); and for payments pursuant to sec15 tion 156 of Public Law 97–377, as amended (42 U.S.C.

16 402 note), and to the Department of Defense Military Re17 tirement Fund, $8,962,197,000.

18 MILITARY PERSONNEL, AIR FORCE

19 For pay, allowances, individual clothing, subsistence,

20 interest on deposits, gratuities, permanent change of sta21 tion travel (including all expenses thereof for organiza22 tional movements), and expenses of temporary duty travel

23 between permanent duty stations, for members of the Air

24 Force on active duty (except members of reserve compo25 nents provided for elsewhere), cadets, and aviation cadets;
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1 and for payments pursuant to section 156 of Public Law

2 97–377, as amended (42 U.S.C. 402 note), and to the De3 partment of Defense Military Retirement Fund,

4 $23,121,003,000.

5 RESERVE PERSONNEL, ARMY

6 For pay, allowances, clothing, subsistence, gratuities,

7 travel, and related expenses for personnel of the Army Re8 serve on active duty under sections 10211, 10302, and

9 3038 of title 10, United States Code, or while serving on

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

11 States Code, in connection with performing duty specified

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

13 while undergoing reserve training, or while performing

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

15 of the Reserve Officers’ Training Corps, and expenses au16 thorized by section 16131 of title 10, United States Code;

17 and for payments to the Department of Defense Military

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

19 RESERVE PERSONNEL, NAVY

20 For pay, allowances, clothing, subsistence, gratuities,

21 travel, and related expenses for personnel of the Navy Re22 serve on active duty under section 10211 of title 10,

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

24 section 12301(d) of title 10, United States Code, in con25 nection with performing duty specified in section 12310(a)
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1 of title 10, United States Code, or while undergoing re2 serve training, or while performing drills or equivalent

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

4 Corps, and expenses authorized by section 16131 of title

5 10, United States Code; and for payments to the Depart6 ment of Defense Military Retirement Fund,

7 $1,983,153,000.

8 RESERVE PERSONNEL, MARINE CORPS

9 For pay, allowances, clothing, subsistence, gratuities,

10 travel, and related expenses for personnel of the Marine

11 Corps Reserve on active duty under section 10211 of title

12 10, United States Code, or while serving on active duty

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

14 in connection with performing duty specified in section

15 12310(a) of title 10, United States Code, or while under16 going reserve training, or while performing drills or equiv17 alent duty, and for members of the Marine Corps platoon

18 leaders class, and expenses authorized by section 16131

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

20 Department of Defense Military Retirement Fund,

21 $571,444,000.

22 RESERVE PERSONNEL, AIR FORCE

23 For pay, allowances, clothing, subsistence, gratuities,

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

25 Reserve on active duty under sections 10211, 10305, and
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1 8038 of title 10, United States Code, or while serving on

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

3 States Code, in connection with performing duty specified

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

5 while undergoing reserve training, or while performing

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

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

8 authorized by section 16131 of title 10, United States

9 Code; and for payments to the Department of Defense

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

11 NATIONAL GUARD PERSONNEL, ARMY

12 For pay, allowances, clothing, subsistence, gratuities,

13 travel, and related expenses for personnel of the Army Na14 tional Guard while on duty under section 10211, 10302,

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

16 States Code, or while serving on duty under section

17 12301(d) of title 10 or section 502(f) of title 32, United

18 States Code, in connection with performing duty specified

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

20 while undergoing training, or while performing drills or

21 equivalent duty or other duty, and expenses authorized by

22 section 16131 of title 10, United States Code; and for pay23 ments to the Department of Defense Military Retirement

24 Fund, $5,382,719,000.
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1 NATIONAL GUARD PERSONNEL, AIR FORCE

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

3 travel, and related expenses for personnel of the Air Na4 tional Guard on duty under section 10211, 10305, or

5 12402 of title 10 or section 708 of title 32, United States

6 Code, or while serving on duty under section 12301(d) of

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

8 in connection with performing duty specified in section

9 12310(a) of title 10, United States Code, or while under10 going training, or while performing drills or equivalent

11 duty or other duty, and expenses authorized by section

12 16131 of title 10, United States Code; and for payments

13 to the Department of Defense Military Retirement Fund,

14 $2,140,598,000.

15 TITLE II

16 OPERATION AND MAINTENANCE

17 OPERATION AND MAINTENANCE, ARMY

18 (INCLUDING TRANSFER OF FUNDS)

19 For expenses, not otherwise provided for, necessary

20 for the operation and maintenance of the Army, as author21 ized by law; and not to exceed $11,034,000 can be used

22 for emergencies and extraordinary expenses, to be ex23 pended on the approval or authority of the Secretary of

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

25 of necessity for confidential military purposes,
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1 $24,903,992,000: Provided, That of the funds appro2 priated in this paragraph, not less than $355,000,000

3 shall be made available only for conventional ammunition

4 care and maintenance: Provided further, That of funds

5 made available under this heading, $2,500,000 shall be

6 available for Fort Baker, in accordance with the terms and

7 conditions as provided under the heading ‘‘Operation and

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

9 OPERATION AND MAINTENANCE, NAVY

10 For expenses, not otherwise provided for, necessary

11 for the operation and maintenance of the Navy and the

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

13 $4,463,000 can be used for emergencies and extraordinary

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

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

16 on his certificate of necessity for confidential military pur17 poses, $28,060,240,000.

18 OPERATION AND MAINTENANCE, MARINE CORPS

19 For expenses, not otherwise provided for, necessary

20 for the operation and maintenance of the Marine Corps,

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

22 OPERATION AND MAINTENANCE, AIR FORCE

23 For expenses, not otherwise provided for, necessary

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

25 authorized by law; and not to exceed $7,801,000 can be
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1 used for emergencies and extraordinary expenses, to be ex2 pended on the approval or authority of the Secretary of

3 the Air Force, and payments may be made on his certifi4 cate of necessity for confidential military purposes,

5 $26,689,043,000: Provided, That notwithstanding any

6 other provision of law, that of the funds available under

7 this heading, $750,000 shall only be available to the Sec8 retary of the Air Force for a grant to Florida Memorial

9 College for the purpose of funding minority aviation train10 ing.

11 OPERATION AND MAINTENANCE, DEFENSE-WIDE

12 (INCLUDING TRANSFER OF FUNDS)

13 For expenses, not otherwise provided for, necessary

14 for the operation and maintenance of activities and agen15 cies of the Department of Defense (other than the military

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

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

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

19 $34,500,000 can be used for emergencies and extraor20 dinary expenses, to be expended on the approval or author21 ity of the Secretary of Defense, and payments may be

22 made on his certificate of necessity for confidential mili23 tary purposes: Provided, That notwithstanding any other

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

25 Military programs under this heading, $500,000 shall be
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1 available for a grant for Outdoor Odyssey, Roaring Run,

2 Pennsylvania, to support the Youth Development and

3 Leadership program and Department of Defense

4 STARBASE program: Provided further, That none of the

5 funds appropriated or otherwise made available by this

6 Act may be used to plan or implement the consolidation

7 of a budget or appropriations liaison office of the Office

8 of the Secretary of Defense, the office of the Secretary

9 of a military department, or the service headquarters of

10 one of the Armed Forces into a legislative affairs or legis11 lative liaison office: Provided further, That $4,700,000, to

12 remain available until expended, is available only for ex13 penses relating to certain classified activities, and may be

14 transferred as necessary by the Secretary to operation and

15 maintenance appropriations or research, development, test

16 and evaluation appropriations, to be merged with and to

17 be available for the same time period as the appropriations

18 to which transferred: Provided further, That any ceiling

19 on the investment item unit cost of items that may be pur20 chased with operation and maintenance funds shall not

21 apply to the funds described in the preceding proviso: Pro22 vided further, That the transfer authority provided under

23 this heading is in addition to any other transfer authority

24 provided elsewhere in this Act.
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1 OPERATION AND MAINTENANCE, ARMY RESERVE

2 For expenses, not otherwise provided for, necessary

3 for the operation and maintenance, including training, or4 ganization, and administration, of the Army Reserve; re5 pair of facilities and equipment; hire of passenger motor

6 vehicles; travel and transportation; care of the dead; re7 cruiting; procurement of services, supplies, and equip8 ment; and communications, $2,031,309,000.

9 OPERATION AND MAINTENANCE, NAVY RESERVE

10 For expenses, not otherwise provided for, necessary

11 for the operation and maintenance, including training, or12 ganization, and administration, of the Navy Reserve; re13 pair of facilities and equipment; hire of passenger motor

14 vehicles; travel and transportation; care of the dead; re15 cruiting; procurement of services, supplies, and equip16 ment; and communications, $1,171,921,000.

17 OPERATION AND MAINTENANCE, MARINE CORPS

18 RESERVE

19 For expenses, not otherwise provided for, necessary

20 for the operation and maintenance, including training, or21 ganization, and administration, of the Marine Corps Re22 serve; repair of facilities and equipment; hire of passenger

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

24 recruiting; procurement of services, supplies, and equip25 ment; and communications, $173,952,000.
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1 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

2 For expenses, not otherwise provided for, necessary

3 for the operation and maintenance, including training, or4 ganization, and administration, of the Air Force Reserve;

5 repair of facilities and equipment; hire of passenger motor

6 vehicles; travel and transportation; care of the dead; re7 cruiting; procurement of services, supplies, and equip8 ment; and communications, $2,144,188,000.

9 OPERATION AND MAINTENANCE, ARMY NATIONAL

10 GUARD

11 For expenses of training, organizing, and admin12 istering the Army National Guard, including medical and

13 hospital treatment and related expenses in non-Federal

14 hospitals; maintenance, operation, and repairs to struc15 tures and facilities; hire of passenger motor vehicles; per16 sonnel services in the National Guard Bureau; travel ex17 penses (other than mileage), as authorized by law for

18 Army personnel on active duty, for Army National Guard

19 division, regimental, and battalion commanders while in20 specting units in compliance with National Guard Bureau

21 regulations when specifically authorized by the Chief, Na22 tional Guard Bureau; supplying and equipping the Army

23 National Guard as authorized by law; and expenses of re24 pair, modification, maintenance, and issue of supplies and

25 equipment (including aircraft), $4,325,231,000.
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1 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

2 For operation and maintenance of the Air National

3 Guard, including medical and hospital treatment and re4 lated expenses in non-Federal hospitals; maintenance, op5 eration, repair, and other necessary expenses of facilities

6 for the training and administration of the Air National

7 Guard, including repair of facilities, maintenance, oper8 ation, and modification of aircraft; transportation of

9 things, hire of passenger motor vehicles; supplies, mate10 rials, and equipment, as authorized by law for the Air Na11 tional Guard; and expenses incident to the maintenance

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

13 such as may be furnished from stocks under the control

14 of agencies of the Department of Defense; travel expenses

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

16 law for Air National Guard personnel on active Federal

17 duty, for Air National Guard commanders while inspecting

18 units in compliance with National Guard Bureau regula19 tions when specifically authorized by the Chief, National

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

21 OVERSEAS CONTINGENCY OPERATIONS TRANSFER

22 ACCOUNT

23 (INCLUDING TRANSFER OF FUNDS)

24 For expenses directly relating to Overseas Contin25 gency Operations by United States military forces,
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1 $5,000,000, to remain available until expended: Provided,

2 That the Secretary of Defense may transfer these funds

3 only to military personnel accounts; operation and mainte4 nance accounts within this title; the Defense Health Pro5 gram appropriation; procurement accounts; research, de6 velopment, test and evaluation accounts; and to working

7 capital funds: Provided further, That the funds transferred

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

9 purposes and for the same time period, as the appropria10 tion to which transferred: Provided further, That upon de11 termination that all or part of the funds transferred from

12 this appropriation are not necessary for the purposes pro13 vided herein, such amounts may be transferred back to

14 this appropriation: Provided further, That the transfer au15 thority provided in this paragraph is in addition to any

16 other transfer authority contained elsewhere in this Act.

17 UNITED STATES COURT OF APPEALS FOR THE ARMED

18 FORCES

19 For salaries and expenses necessary for the United

20 States Court of Appeals for the Armed Forces,

21 $10,333,000, of which not to exceed $2,500 can be used

22 for official representation purposes.
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1 ENVIRONMENTAL RESTORATION, ARMY

2 (INCLUDING TRANSFER OF FUNDS)

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

4 remain available until transferred: Provided, That the Sec5 retary of the Army shall, upon determining that such

6 funds are required for environmental restoration, reduc7 tion and recycling of hazardous waste, removal of unsafe

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

9 for similar purposes, transfer the funds made available by

10 this appropriation to other appropriations made available

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

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

13 time period as the appropriations to which transferred:

14 Provided further, That upon a determination that all or

15 part of the funds transferred from this appropriation are

16 not necessary for the purposes provided herein, such

17 amounts may be transferred back to this appropriation.

18 ENVIRONMENTAL RESTORATION, NAVY

19 (INCLUDING TRANSFER OF FUNDS)

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

21 remain available until transferred: Provided, That the Sec22 retary of the Navy shall, upon determining that such

23 funds are required for environmental restoration, reduc24 tion and recycling of hazardous waste, removal of unsafe

25 buildings and debris of the Department of the Navy, or
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1 for similar purposes, transfer the funds made available by

2 this appropriation to other appropriations made available

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

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

5 time period as the appropriations to which transferred:

6 Provided further, That upon a determination that all or

7 part of the funds transferred from this appropriation are

8 not necessary for the purposes provided herein, such

9 amounts may be transferred back to this appropriation.

10 ENVIRONMENTAL RESTORATION, AIR FORCE

11 (INCLUDING TRANSFER OF FUNDS)

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

13 to remain available until transferred: Provided, That the

14 Secretary of the Air Force shall, upon determining that

15 such funds are required for environmental restoration, re16 duction and recycling of hazardous waste, removal of un17 safe buildings and debris of the Department of the Air

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

19 available by this appropriation to other appropriations

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

21 merged with and to be available for the same purposes

22 and for the same time period as the appropriations to

23 which transferred: Provided further, That upon a deter24 mination that all or part of the funds transferred from

25 this appropriation are not necessary for the purposes pro-
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1 vided herein, such amounts may be transferred back to

2 this appropriation.

3 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

4 (INCLUDING TRANSFER OF FUNDS)

5 For the Department of Defense, $24,081,000, to re6 main available until transferred: Provided, That the Sec7 retary of Defense shall, upon determining that such funds

8 are required for environmental restoration, reduction and

9 recycling of hazardous waste, removal of unsafe buildings

10 and debris of the Department of Defense, or for similar

11 purposes, transfer the funds made available by this appro12 priation to other appropriations made available to the De13 partment of Defense, to be merged with and to be avail14 able for the same purposes and for the same time period

15 as the appropriations to which transferred: Provided fur16 ther, That upon a determination that all or part of the

17 funds transferred from this appropriation are not nec18 essary for the purposes provided herein, such amounts

19 may be transferred back to this appropriation.

20 ENVIRONMENTAL RESTORATION, FORMERLY USED

21 DEFENSE SITES

22 (INCLUDING TRANSFER OF FUNDS)

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

24 remain available until transferred: Provided, That the Sec25 retary of the Army shall, upon determining that such
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1 funds are required for environmental restoration, reduc2 tion and recycling of hazardous waste, removal of unsafe

3 buildings and debris at sites formerly used by the Depart4 ment of Defense, transfer the funds made available by this

5 appropriation to other appropriations made available to

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

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

8 period as the appropriations to which transferred: Pro9 vided further, That upon a determination that all or part

10 of the funds transferred from this appropriation are not

11 necessary for the purposes provided herein, such amounts

12 may be transferred back to this appropriation.

13 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

14 For expenses relating to the Overseas Humanitarian,

15 Disaster, and Civic Aid programs of the Department of

16 Defense (consisting of the programs provided under sec17 tions 401, 402, 404, 2547, and 2561 of title 10, United

18 States Code), $59,000,000, to remain available until Sep19 tember 30, 2005.

20 FORMER SOVIET UNION THREAT REDUCTION

21 For assistance to the republics of the former Soviet

22 Union, including assistance provided by contract or by

23 grants, for facilitating the elimination and the safe and

24 secure transportation and storage of nuclear, chemical and

25 other weapons; for establishing programs to prevent the
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1 proliferation of weapons, weapons components, and weap2 on-related technology and expertise; for programs relating

3 to the training and support of defense and military per4 sonnel for demilitarization and protection of weapons,

5 weapons components and weapons technology and exper6 tise, and for defense and military contacts, $450,800,000,

7 to remain available until September 30, 2006.

8 TITLE III

9 PROCUREMENT

10 AIRCRAFT PROCUREMENT, ARMY

11 For construction, procurement, production, modifica12 tion, and modernization of aircraft, equipment, including

13 ordnance, ground handling equipment, spare parts, and

14 accessories therefor; specialized equipment and training

15 devices; expansion of public and private plants, including

16 the land necessary therefor, for the foregoing purposes,

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

18 and construction prosecuted thereon prior to approval of

19 title; and procurement and installation of equipment, ap20 pliances, and machine tools in public and private plants;

21 reserve plant and Government and contractor-owned

22 equipment layaway; and other expenses necessary for the

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

24 for obligation until September 30, 2006.
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1 MISSILE PROCUREMENT, ARMY

2 For construction, procurement, production, modifica3 tion, and modernization of missiles, equipment, including

4 ordnance, ground handling equipment, spare parts, and

5 accessories therefor; specialized equipment and training

6 devices; expansion of public and private plants, including

7 the land necessary therefor, for the foregoing purposes,

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

9 and construction prosecuted thereon prior to approval of

10 title; and procurement and installation of equipment, ap11 pliances, and machine tools in public and private plants;

12 reserve plant and Government and contractor-owned

13 equipment layaway; and other expenses necessary for the

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

15 for obligation until September 30, 2006.

16 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

17 VEHICLES, ARMY

18 For construction, procurement, production, and

19 modification of weapons and tracked combat vehicles,

20 equipment, including ordnance, spare parts, and acces21 sories therefor; specialized equipment and training devices;

22 expansion of public and private plants, including the land

23 necessary therefor, for the foregoing purposes, and such

24 lands and interests therein, may be acquired, and con25 struction prosecuted thereon prior to approval of title; and
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1 procurement and installation of equipment, appliances,

2 and machine tools in public and private plants; reserve

3 plant and Government and contractor-owned equipment

4 layaway; and other expenses necessary for the foregoing

5 purposes, $1,956,504,000, to remain available for obliga6 tion until September 30, 2006: Provided, That of the

7 funds made available under this heading, $35,000,000

8 shall be available only for advance procurement items for

9 the fifth and sixth Stryker Brigade Combat Teams.

10 PROCUREMENT OF AMMUNITION, ARMY

11 For construction, procurement, production, and

12 modification of ammunition, and accessories therefor; spe13 cialized equipment and training devices; expansion of pub14 lic and private plants, including ammunition facilities au15 thorized by section 2854 of title 10, United States Code,

16 and the land necessary therefor, for the foregoing pur17 poses, and such lands and interests therein, may be ac18 quired, and construction prosecuted thereon prior to ap19 proval of title; and procurement and installation of equip20 ment, appliances, and machine tools in public and private

21 plants; reserve plant and Government and contractor22 owned equipment layaway; and other expenses necessary

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

24 available for obligation until September 30, 2006.
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1 OTHER PROCUREMENT, ARMY

2 For construction, procurement, production, and

3 modification of vehicles, including tactical, support, and

4 non-tracked combat vehicles; the purchase of passenger

5 motor vehicles for replacement only; and the purchase of

6 4 vehicles required for physical security of personnel, not7 withstanding price limitations applicable to passenger ve8 hicles but not to exceed $180,000 per vehicle; communica9 tions and electronic equipment; other support equipment;

10 spare parts, ordnance, and accessories therefor; specialized

11 equipment and training devices; expansion of public and

12 private plants, including the land necessary therefor, for

13 the foregoing purposes, and such lands and interests

14 therein, may be acquired, and construction prosecuted

15 thereon prior to approval of title; and procurement and

16 installation of equipment, appliances, and machine tools

17 in public and private plants; reserve plant and Govern18 ment and contractor-owned equipment layaway; and other

19 expenses necessary for the foregoing purposes,

20 $4,547,596,000, to remain available for obligation until

21 September 30, 2006.

22 AIRCRAFT PROCUREMENT, NAVY

23 For construction, procurement, production, modifica24 tion, and modernization of aircraft, equipment, including

25 ordnance, spare parts, and accessories therefor; specialized
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1 equipment; expansion of public and private plants, includ2 ing the land necessary therefor, and such lands and inter3 ests therein, may be acquired, and construction prosecuted

4 thereon prior to approval of title; and procurement and

5 installation of equipment, appliances, and machine tools

6 in public and private plants; reserve plant and Govern7 ment and contractor-owned equipment layaway,

8 $9,030,148,000, to remain available for obligation until

9 September 30, 2006.

10 WEAPONS PROCUREMENT, NAVY

11 For construction, procurement, production, modifica12 tion, and modernization of missiles, torpedoes, other weap13 ons, and related support equipment including spare parts,

14 and accessories therefor; expansion of public and private

15 plants, including the land necessary therefor, 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, $2,205,634,000, to remain available for obliga22 tion until September 30, 2006.
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1 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

2 CORPS

3 For construction, procurement, production, and

4 modification of ammunition, and accessories therefor; spe5 cialized equipment and training devices; expansion of pub6 lic and private plants, including ammunition facilities au7 thorized by section 2854 of title 10, United States Code,

8 and the land necessary therefor, for the foregoing pur9 poses, and such lands and interests therein, may be ac10 quired, and construction prosecuted thereon prior to ap11 proval of title; and procurement and installation of equip12 ment, appliances, and machine tools in public and private

13 plants; reserve plant and Government and contractor14 owned equipment layaway; and other expenses necessary

15 for the foregoing purposes, $941,855,000, to remain avail16 able for obligation until September 30, 2006.

17 SHIPBUILDING AND CONVERSION, NAVY

18 For expenses necessary for the construction, acquisi19 tion, or conversion of vessels as authorized by law, includ20 ing armor and armament thereof, plant equipment, appli21 ances, and machine tools and installation thereof in public

22 and private plants; reserve plant and Government and con23 tractor-owned equipment layaway; procurement of critical,

24 long leadtime components and designs for vessels to be

25 constructed or converted in the future; and expansion of
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1 public and private plants, including land necessary there2 for, and such lands and interests therein, may be acquired,

3 and construction prosecuted thereon prior to approval of

4 title, as follows:

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

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

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

8 Cruiser Conversion, $194,440,000;

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

10 Submarine Refueling Overhauls, $123,372,000;

11 DDG–51, $3,198,311,000;

12 LHD–1 Amphibious Assault Ship,

13 $355,006,000;

14 LPD–17, $1,367,034,000;

15 Minehunter, SWATH, $9,000,000;

16 Service Craft, $39,480,000;

17 Landing Craft Air Cushion, LCAC,

18 $73,087,000;

19 Prior Year Shipbuilding Program,

20 $899,502,000; and

21 For outfitting, post delivery, conversions, and

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

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

24 until September 30, 2008: Provided, That additional obli25 gations may be incurred after September 30, 2008, for
26

•HR 2658 EH

1 engineering services, tests, evaluations, and other such

2 budgeted work that must be performed in the final stage

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

4 funds provided under this heading for the construction or

5 conversion of any naval vessel to be constructed in ship6 yards in the United States shall be expended in foreign

7 facilities for the construction of major components of such

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

9 under this heading shall be used for the construction of

10 any naval vessel in foreign shipyards.

11 OTHER PROCUREMENT, NAVY

12 For procurement, production, and modernization of

13 support equipment and materials not otherwise provided

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

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

16 of passenger motor vehicles for replacement only, and the

17 purchase of 2 vehicles required for physical security of

18 personnel, notwithstanding price limitations applicable to

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

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

21 the land necessary therefor, and such lands and interests

22 therein, may be acquired, and construction prosecuted

23 thereon prior to approval of title; and procurement and

24 installation of equipment, appliances, and machine tools

25 in public and private plants; reserve plant and Govern-
27

•HR 2658 EH

1 ment and contractor-owned equipment layaway,

2 $4,784,742,000, to remain available for obligation until

3 September 30, 2006.

4 PROCUREMENT, MARINE CORPS

5 For expenses necessary for the procurement, manu6 facture, and modification of missiles, armament, military

7 equipment, spare parts, and accessories therefor; plant

8 equipment, appliances, and machine tools, and installation

9 thereof in public and private plants; reserve plant and

10 Government and contractor-owned equipment layaway; ve11 hicles for the Marine Corps, including the purchase of pas12 senger motor vehicles for replacement only; and expansion

13 of public and private plants, including land necessary

14 therefor, and such lands and interests therein, may be ac15 quired, and construction prosecuted thereon prior to ap16 proval of title, $1,200,499,000, to remain available for ob17 ligation until September 30, 2006.

18 AIRCRAFT PROCUREMENT, AIR FORCE

19 For construction, procurement, and modification of

20 aircraft and equipment, including armor and armament,

21 specialized ground handling equipment, and training de22 vices, spare parts, and accessories therefor; specialized

23 equipment; expansion of public and private plants, Gov24 ernment-owned equipment and installation thereof in such

25 plants, erection of structures, and acquisition of land, for
28

•HR 2658 EH

1 the foregoing purposes, and such lands and interests

2 therein, may be acquired, and construction prosecuted

3 thereon prior to approval of title; reserve plant and Gov4 ernment and contractor-owned equipment layaway; and

5 other expenses necessary for the foregoing purposes in6 cluding rents and transportation of things,

7 $11,877,051,000, to remain available for obligation until

8 September 30, 2006.

9 MISSILE PROCUREMENT, AIR FORCE

10 For construction, procurement, and modification of

11 missiles, spacecraft, rockets, and related equipment, in12 cluding spare parts and accessories therefor, ground han13 dling equipment, and training devices; expansion of public

14 and private plants, Government-owned equipment and in15 stallation thereof in such plants, erection of structures,

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

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

18 construction prosecuted thereon prior to approval of title;

19 reserve plant and Government and contractor-owned

20 equipment layaway; and other expenses necessary for the

21 foregoing purposes including rents and transportation of

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

23 until September 30, 2006.
29

•HR 2658 EH

1 PROCUREMENT OF AMMUNITION, AIR FORCE

2 For construction, procurement, production, and

3 modification of ammunition, and accessories therefor; spe4 cialized equipment and training devices; expansion of pub5 lic and private plants, including ammunition facilities au6 thorized by section 2854 of title 10, United States Code,

7 and the land necessary therefor, for the foregoing pur8 poses, and such lands and interests therein, may be ac9 quired, and construction prosecuted thereon prior to ap10 proval of title; and procurement and installation of equip11 ment, appliances, and machine tools in public and private

12 plants; reserve plant and Government and contractor13 owned equipment layaway; and other expenses necessary

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

15 available for obligation until September 30, 2006.

16 OTHER PROCUREMENT, AIR FORCE

17 For procurement and modification of equipment (in18 cluding ground guidance and electronic control equipment,

19 and ground electronic and communication equipment),

20 and supplies, materials, and spare parts therefor, not oth21 erwise provided for; the purchase of passenger motor vehi22 cles for replacement only, and the purchase of 1 vehicle

23 required for physical security of personnel, notwith24 standing price limitations applicable to passenger vehicles

25 but not to exceed $243,000 per vehicle; lease of passenger
30

•HR 2658 EH

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

2 Government-owned equipment and installation thereof in

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

4 for the foregoing purposes, and such lands and interests

5 therein, may be acquired, and construction prosecuted

6 thereon, prior to approval of title; reserve plant and Gov7 ernment and contractor-owned equipment layaway,

8 $11,195,159,000, to remain available for obligation until

9 September 30, 2006.

10 PROCUREMENT, DEFENSE-WIDE

11 For expenses of activities and agencies of the Depart12 ment of Defense (other than the military departments)

13 necessary for procurement, production, and modification

14 of equipment, supplies, materials, and spare parts there15 for, not otherwise provided for; the purchase of passenger

16 motor vehicles for replacement only, including not to ex17 ceed 3 passenger motor vehicles for the Defense Security

18 Service; the purchase of 4 vehicles required for physical

19 security of personnel, notwithstanding price limitations

20 applicable to passenger vehicles but not to exceed

21 $250,000 per vehicle; expansion of public and private

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

23 erection of structures, and acquisition of land for the fore24 going purposes, and such lands and interests therein, may

25 be acquired, and construction prosecuted thereon prior to
31

•HR 2658 EH

1 approval of title; reserve plant and Government and con2 tractor-owned equipment layaway, $3,803,776,000, to re3 main available for obligation until September 30, 2006.

4 NATIONAL GUARD AND RESERVE EQUIPMENT

5 For procurement of aircraft, missiles, tracked combat

6 vehicles, ammunition, other weapons, and other procure7 ment for the reserve components of the Armed Forces,

8 $100,000,000, to remain available for obligation until Sep9 tember 30, 2006: Provided, That the Chiefs of the Reserve

10 and National Guard components shall, not later than 30

11 days after the enactment of this Act, individually submit

12 to the congressional defense committees the modernization

13 priority assessment for their respective Reserve or Na14 tional Guard component.

15 DEFENSE PRODUCTION ACT PURCHASES

16 For activities by the Department of Defense pursuant

17 to sections 108, 301, 302, and 303 of the Defense Produc18 tion Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and

19 2093), $67,516,000, to remain available until expended.
32

•HR 2658 EH

1 TITLE IV

2 RESEARCH, DEVELOPMENT, TEST AND

3 EVALUATION

4 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

5 ARMY

6 For expenses necessary for basic and applied sci7 entific research, development, test and evaluation, includ8 ing maintenance, rehabilitation, lease, and operation of fa9 cilities and equipment, $10,186,272,000, to remain avail10 able for obligation until September 30, 2005: Provided,

11 That of the amounts provided under this heading,

12 $10,000,000 for Molecular Genetics and Musculoskeletal

13 Research in program element 0602787A, shall remain

14 available until expended.

15 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

16 NAVY

17 For expenses necessary for basic and applied sci18 entific research, development, test and evaluation, includ19 ing maintenance, rehabilitation, lease, and operation of fa20 cilities and equipment, $14,666,239,000, to remain avail21 able for obligation until September 30, 2005: Provided,

22 That funds appropriated in this paragraph which are

23 available for the V–22 may be used to meet unique oper24 ational requirements of the Special Operations Forces:
33

•HR 2658 EH

1 Provided further, That funds appropriated in this para2 graph shall be available for the Cobra Judy program.

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

4 AIR FORCE

5 For expenses necessary for basic and applied sci6 entific research, development, test and evaluation, includ7 ing maintenance, rehabilitation, lease, and operation of fa8 cilities and equipment, $20,704,267,000, to remain avail9 able for obligation until September 30, 2005.

10 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

11 DEFENSE-WIDE

12 For expenses of activities and agencies of the Depart13 ment of Defense (other than the military departments),

14 necessary for basic and applied scientific research, devel15 opment, test and evaluation; advanced research projects

16 as may be designated and determined by the Secretary

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

18 lease, and operation of facilities and equipment,

19 $18,763,791,000, to remain available for obligation until

20 September 30, 2005.

21 OPERATIONAL TEST AND EVALUATION, DEFENSE

22 For expenses, not otherwise provided for, necessary

23 for the independent activities of the Director, Operational

24 Test and Evaluation, in the direction and supervision of

25 operational test and evaluation, including initial oper-
34

•HR 2658 EH

1 ational test and evaluation which is conducted prior to,

2 and in support of, production decisions; joint operational

3 testing and evaluation; and administrative expenses in

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

5 for obligation until September 30, 2005.

6 TITLE V

7 REVOLVING AND MANAGEMENT FUNDS

8 DEFENSE WORKING CAPITAL FUNDS

9 For the Defense Working Capital Funds,

10 $1,721,507,000.

11 NATIONAL DEFENSE SEALIFT FUND

12 For National Defense Sealift Fund programs,

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

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

15 Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744),

16 and for the necessary expenses to maintain and preserve

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

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

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

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

21 contract that provides for the acquisition of any of the

22 following major components unless such components are

23 manufactured in the United States: auxiliary equipment,

24 including pumps, for all shipboard services; propulsion

25 system components (that is; engines, reduction gears, and
35

•HR 2658 EH

1 propellers); shipboard cranes; and spreaders for shipboard

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

3 in a contract awarded through the obligation of previously

4 appropriated funds shall not be considered to be the award

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

6 of the military department responsible for such procure7 ment may waive the restrictions in the first proviso on

8 a case-by-case basis by certifying in writing to the Com9 mittees on Appropriations of the House of Representatives

10 and the Senate that adequate domestic supplies are not

11 available to meet Department of Defense requirements on

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

13 in order to acquire capability for national security pur14 poses: Provided further, That, notwithstanding any other

15 provision of law, $6,500,000 of the funds available under

16 this heading shall be available in addition to other

17 amounts otherwise available, only to finance the cost of

18 constructing additional sealift capacity.

19 TITLE VI

20 OTHER DEPARTMENT OF DEFENSE PROGRAMS

21 DEFENSE HEALTH PROGRAM

22 For expenses, not otherwise provided for, for medical

23 and health care programs of the Department of Defense,

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

25 $14,874,037,000 shall be for Operation and maintenance,
36

•HR 2658 EH

1 of which not to exceed 2 percent shall remain available

2 until September 30, 2005; of which $328,826,000, to re3 main available for obligation until September 30, 2006,

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

5 remain available for obligation until September 30, 2005,

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

7 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,

8 ARMY

9 For expenses, not otherwise provided for, necessary

10 for the destruction of the United States stockpile of lethal

11 chemical agents and munitions in accordance with the pro12 visions of section 1412 of the Department of Defense Au13 thorization Act, 1986 (50 U.S.C. 1521), and for the de14 struction of other chemical warfare materials that are not

15 in the chemical weapon stockpile, $1,533,261,000, of

16 which $1,199,168,000 shall be for Operation and mainte17 nance to remain available until September 30, 2005;

18 $79,212,000 shall be for Procurement to remain available

19 until September 30, 2006; $254,881,000 shall be for Re20 search, development, test and evaluation to remain avail21 able until September 30, 2005; and no more than

22 $132,677,000 may be for the Chemical Stockpile Emer23 gency Preparedness Program, of which $44,168,000 shall

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

25 shall be to assist state and local governments.
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•HR 2658 EH

1 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,

2 DEFENSE

3 (INCLUDING TRANSFER OF FUNDS)

4 For drug interdiction and counter-drug activities of

5 the Department of Defense, for transfer to appropriations

6 available to the Department of Defense for military per7 sonnel of the reserve components serving under the provi8 sions of title 10 and title 32, United States Code; for Op9 eration and maintenance; for Procurement; and for Re10 search, development, test and evaluation, $817,371,000:

11 Provided, That the funds appropriated under this heading

12 shall be available for obligation for the same time period

13 and for the same purpose as the appropriation to which

14 transferred: Provided further, That upon a determination

15 that all or part of the funds transferred from this appro16 priation are not necessary for the purposes provided here17 in, such amounts may be transferred back to this appro18 priation: Provided further, That the transfer authority pro19 vided under this heading is in addition to any other trans20 fer authority contained elsewhere in this Act.

21 OFFICE OF THE INSPECTOR GENERAL

22 For expenses and activities of the Office of the In23 spector General in carrying out the provisions of the In24 spector General Act of 1978, as amended, $162,449,000,

25 of which $160,049,000 shall be for Operation and mainte-
38

•HR 2658 EH

1 nance, of which not to exceed $700,000 is available for

2 emergencies and extraordinary expenses to be expended on

3 the approval or authority of the Inspector General, and

4 payments may be made on the Inspector General’s certifi5 cate of necessity for confidential military purposes; and

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

7 2005, shall be for Research, Development, Test and Eval8 uation; and of which $2,100,000, to remain available until

9 September 30, 2006, shall be for Procurement.

10 TITLE VII

11 RELATED AGENCIES

12 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

13 DISABILITY SYSTEM FUND

14 For payment to the Central Intelligence Agency Re15 tirement and Disability System Fund, to maintain the

16 proper funding level for continuing the operation of the

17 Central Intelligence Agency Retirement and Disability

18 System, $226,400,000.

19 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

20 (INCLUDING TRANSFER OF FUNDS)

21 For necessary expenses of the Intelligence Commu22 nity Management Account, $170,640,000, of which

23 $26,081,000 for the Advanced Research and Development

24 Committee shall remain available until September 30,

25 2005: Provided, That of the funds appropriated under this
39

•HR 2658 EH

1 heading, $46,100,000 shall be transferred to the Depart2 ment of Justice for the National Drug Intelligence Center

3 to support the Department of Defense’s counter-drug in4 telligence responsibilities, and of the said amount,

5 $1,500,000 for Procurement shall remain available until

6 September 30, 2006 and $1,000,000 for Research, devel7 opment, test and evaluation shall remain available until

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

9 Drug Intelligence Center shall maintain the personnel and

10 technical resources to provide timely support to law en11 forcement authorities and the intelligence community by

12 conducting document and computer exploitation of mate13 rials collected in Federal, State, and local law enforcement

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

15 and national security investigations and operations.

16 NATIONAL SECURITY EDUCATION TRUST FUND

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

18 183, $8,000,000, to be derived from the National Security

19 Education Trust Fund, to remain available until ex20 pended.

21 TITLE VIII

22 GENERAL PROVISIONS

23 SEC. 8001. No part of any appropriation contained

24 in this Act shall be used for publicity or propaganda pur25 poses not authorized by the Congress.
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•HR 2658 EH

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

2 of law prohibiting the payment of compensation to, or em3 ployment of, any person not a citizen of the United States

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

5 Provided, That salary increases granted to direct and indi6 rect hire foreign national employees of the Department of

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

8 of the percentage increase authorized by law for civilian

9 employees of the Department of Defense whose pay is

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

11 United States Code, or at a rate in excess of the percent12 age increase provided by the appropriate host nation to

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

14 That this section shall not apply to Department of De15 fense foreign service national employees serving at United

16 States diplomatic missions whose pay is set by the Depart17 ment of State under the Foreign Service Act of 1980: Pro18 vided further, That the limitations of this provision shall

19 not apply to foreign national employees of the Department

20 of Defense in the Republic of Turkey.

21 SEC. 8003. No part of any appropriation contained

22 in this Act shall remain available for obligation beyond

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

24 SEC. 8004. No more than 20 percent of the appro25 priations in this Act which are limited for obligation dur-
41

•HR 2658 EH

1 ing the current fiscal year shall be obligated during the

2 last 2 months of the fiscal year: Provided, That this sec3 tion shall not apply to obligations for support of active

4 duty training of reserve components or summer camp

5 training of the Reserve Officers’ Training Corps.

6 (TRANSFER OF FUNDS)

7 SEC. 8005. Upon determination by the Secretary of

8 Defense that such action is necessary in the national inter9 est, he may, with the approval of the Office of Manage10 ment and Budget, transfer not to exceed $2,500,000,000

11 of working capital funds of the Department of Defense

12 or funds made available in this Act to the Department

13 of Defense for military functions (except military con14 struction) between such appropriations or funds or any

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

16 for the same purposes, and for the same time period, as

17 the appropriation or fund to which transferred: Provided,

18 That such authority to transfer may not be used unless

19 for higher priority items, based on unforeseen military re20 quirements, than those for which originally appropriated

21 and in no case where the item for which funds are re22 quested has been denied by the Congress: Provided further,

23 That the Secretary of Defense shall notify the Congress

24 promptly of all transfers made pursuant to this authority

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

26 no part of the funds in this Act shall be available to pre-
42

•HR 2658 EH

1 pare or present a request to the Committees on Appropria2 tions for reprogramming of funds, unless for higher pri3 ority items, based on unforeseen military requirements,

4 than those for which originally appropriated and in no

5 case where the item for which reprogramming is requested

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

7 a request for multiple reprogrammings of funds using au8 thority provided in this section must be made prior to May

9 31, 2004.

10 (TRANSFER OF FUNDS)

11 SEC. 8006. During the current fiscal year, cash

12 balances in working capital funds of the Department of

13 Defense established pursuant to section 2208 of title 10,

14 United States Code, may be maintained in only such

15 amounts as are necessary at any time for cash disburse16 ments to be made from such funds: Provided, That trans17 fers may be made between such funds: Provided further,

18 That transfers may be made between working capital

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

20 appropriation and the ‘‘Operation and Maintenance’’ ap21 propriation accounts in such amounts as may be deter22 mined by the Secretary of Defense, with the approval of

23 the Office of Management and Budget, except that such

24 transfers may not be made unless the Secretary of Defense

25 has notified the Congress of the proposed transfer. Except

26 in amounts equal to the amounts appropriated to working
43

•HR 2658 EH

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

2 against a working capital fund to procure or increase the

3 value of war reserve material inventory, unless the Sec4 retary of Defense has notified the Congress prior to any

5 such obligation.

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

7 be used to initiate a special access program without prior

8 notification 30 calendar days in session in advance to the

9 congressional defense committees.

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

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

12 employs economic order quantity procurement in excess of

13 $20,000,000 in any 1 year of the contract or that includes

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

15 or (2) a contract for advance procurement leading to a

16 multiyear contract that employs economic order quantity

17 procurement in excess of $20,000,000 in any 1 year, un18 less the congressional defense committees have been noti19 fied at least 30 days in advance of the proposed contract

20 award: Provided, That no part of any appropriation con21 tained in this Act shall be available to initiate a multiyear

22 contract for which the economic order quantity advance

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

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

25 any appropriation contained in this Act shall be available
44

•HR 2658 EH

1 to initiate multiyear procurement contracts for any sys2 tems or component thereof if the value of the multiyear

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

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

5 procurement contract can be terminated without 10-day

6 prior notification to the congressional defense committees:

7 Provided further, That the execution of multiyear author8 ity shall require the use of a present value analysis to de9 termine lowest cost compared to an annual procurement.

10 Funds appropriated in title III of this Act may be

11 used for multiyear procurement contracts as follows:

12 F/A–18 aircraft;

13 E–2C aircraft; and

14 Tactical Tomahawk missile.

15 SEC. 8009. Within the funds appropriated for the op16 eration and maintenance of the Armed Forces, funds are

17 hereby appropriated pursuant to section 401 of title 10,

18 United States Code, for humanitarian and civic assistance

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

20 Such funds may also be obligated for humanitarian and

21 civic assistance costs incidental to authorized operations

22 and pursuant to authority granted in section 401 of chap23 ter 20 of title 10, United States Code, and these obliga24 tions shall be reported as required by section 401(d) of

25 title 10, United States Code: Provided, That funds avail-
45

•HR 2658 EH

1 able for operation and maintenance shall be available for

2 providing humanitarian and similar assistance by using

3 Civic Action Teams in the Trust Territories of the Pacific

4 Islands and freely associated states of Micronesia, pursu5 ant to the Compact of Free Association as authorized by

6 Public Law 99–239: Provided further, That upon a deter7 mination by the Secretary of the Army that such action

8 is beneficial for graduate medical education programs con9 ducted at Army medical facilities located in Hawaii, the

10 Secretary of the Army may authorize the provision of med11 ical services at such facilities and transportation to such

12 facilities, on a nonreimbursable basis, for civilian patients

13 from American Samoa, the Commonwealth of the North14 ern Mariana Islands, the Marshall Islands, the Federated

15 States of Micronesia, Palau, and Guam.

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

17 personnel of the Department of Defense may not be man18 aged on the basis of any end-strength, and the manage19 ment of such personnel during that fiscal year shall not

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

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

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

23 (b) The fiscal year 2005 budget request for the De24 partment of Defense as well as all justification material

25 and other documentation supporting the fiscal year 2005
46

•HR 2658 EH

1 Department of Defense budget request shall be prepared

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

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

4 year 2005.

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

6 to military (civilian) technicians.

7 SEC. 8011. Notwithstanding any other provision of

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

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

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

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

12 workyears shall be applied as defined in the Federal Per13 sonnel Manual: Provided further, That workyears ex14 pended in dependent student hiring programs for dis15 advantaged youths shall not be included in this workyear

16 limitation.

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

18 Act shall be used in any way, directly or indirectly, to in19 fluence congressional action on any legislation or appro20 priation matters pending before the Congress.

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

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

23 any member of the Army participating as a full-time stu24 dent and receiving benefits paid by the Secretary of Vet25 erans Affairs from the Department of Defense Education
47

•HR 2658 EH

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

2 credited toward completion of a service commitment: Pro3 vided, That this subsection shall not apply to those mem4 bers who have reenlisted with this option prior to October

5 1, 1987: Provided further, That this subsection applies

6 only to active components of the Army.

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

8 Act shall be available to convert to contractor performance

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

10 on or after the date of the enactment of this Act, is per11 formed by more than 10 Department of Defense civilian

12 employees unless such conversion is based on the result

13 of a public-private competition that includes a most effi14 cient and cost effective organization plan developed by

15 such activity or function and the Competitive Sourcing Of16 ficial certifies that the projected savings of the competition

17 exceed the minimum conversion differential for such activ18 ity or function: Provided, That this section shall not apply

19 in circumstances in which the Department of Defense pub20 lishes in the Federal Register a determination that compli21 ance would have an adverse impact on national security:

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

23 (b), and (c) of 10 U.S.C. 2461 shall not apply to a com24 mercial or industrial type function of the Department of

25 Defense that: (1) is included on the procurement list es-
48

•HR 2658 EH

1 tablished pursuant to section 2 of the Act of June 25,

2 1938 (41 U.S.C. 47), popularly referred to as the Javits3 Wagner-O’Day Act; (2) is planned to be converted to per4 formance by a qualified nonprofit agency for the blind or

5 by a qualified nonprofit agency for other severely handi6 capped individuals in accordance with that Act; or (3) is

7 planned to be converted to performance by a qualified firm

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

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

10 Native Hawaiian organization, as defined in section

11 637(a)(15) of title 15, United States Code.

12 (TRANSFER OF FUNDS)

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

14 for the Department of Defense Pilot Mentor-Protege Pro15 gram may be transferred to any other appropriation con16 tained in this Act solely for the purpose of implementing

17 a Mentor-Protege Program developmental assistance

18 agreement pursuant to section 831 of the National De19 fense Authorization Act for Fiscal Year 1991 (Public Law

20 101–510; 10 U.S.C. 2301 note), as amended, under the

21 authority of this provision or any other transfer authority

22 contained in this Act.

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

24 available for the purchase by the Department of Defense

25 (and its departments and agencies) of welded shipboard

26 anchor and mooring chain 4 inches in diameter and under
49

•HR 2658 EH

1 unless the anchor and mooring chain are manufactured

2 in the United States from components which are substan3 tially manufactured in the United States: Provided, That

4 for the purpose of this section manufactured will include

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

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

7 Provided further, That for the purpose of this section sub8 stantially all of the components of anchor and mooring

9 chain shall be considered to be produced or manufactured

10 in the United States if the aggregate cost of the compo11 nents produced or manufactured in the United States ex12 ceeds the aggregate cost of the components produced or

13 manufactured outside the United States: Provided further,

14 That when adequate domestic supplies are not available

15 to meet Department of Defense requirements on a timely

16 basis, the Secretary of the service responsible for the pro17 curement may waive this restriction on a case-by-case

18 basis by certifying in writing to the Committees on Appro19 priations that such an acquisition must be made in order

20 to acquire capability for national security purposes.

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

22 Act available for the Civilian Health and Medical Program

23 of the Uniformed Services (CHAMPUS) or TRICARE

24 shall be available for the reimbursement of any health care

25 provider for inpatient mental health service for care re-
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•HR 2658 EH

1 ceived when a patient is referred to a provider of inpatient

2 mental health care or residential treatment care by a med3 ical or health care professional having an economic inter4 est in the facility to which the patient is referred: Pro5 vided, That this limitation does not apply in the case of

6 inpatient mental health services provided under the pro7 gram for persons with disabilities under subsection (d) of

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

9 partial hospital care, or provided pursuant to a waiver au10 thorized by the Secretary of Defense because of medical

11 or psychological circumstances of the patient that are con12 firmed by a health professional who is not a Federal em13 ployee after a review, pursuant to rules prescribed by the

14 Secretary, which takes into account the appropriate level

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

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

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

18 hereafter, the Secretary of Defense may, by executive

19 agreement, establish with the government of any North

20 Atlantic Treaty Organization member nation a separate

21 account into which residual value amounts negotiated with

22 that nation in the return of United States military instal23 lations in that nation may be deposited, in lieu of direct

24 monetary transfers to the United States Treasury. Any

25 such deposit may be made in the currency of the host na-
51

•HR 2658 EH

1 tion. Amounts in such an account shall be treated as cred2 its to that host nation and may be used only as specified

3 in subsection (b).

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

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

6 be used—

7 (1) subject to subsection (c), for the construc8 tion of facilities to support United States military

9 forces in that host nation; or

10 (2) for such real property maintenance and

11 base operating costs at United States military instal12 lations in that host nation that are currently exe13 cuted through monetary transfers to such host na14 tion.

15 (c) A military construction project may be executed

16 from an account established under this section only if the

17 project has been previously authorized by law.

18 (d) In the budget justification materials submitted to

19 Congress in support of the President’s budget for the De20 partment of Defense for any fiscal year, the Secretary of

21 Defense shall identify—

22 (1) amounts anticipated to be received during

23 that fiscal year in residual value settlements under

24 this section; and
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•HR 2658 EH

1 (2) such construction, real property mainte2 nance, and base operating costs that shall be funded

3 by the host nation during that fiscal year through

4 such credits under an agreement under this section.

5 (e)(1) The Secretary of Defense shall report any exec6 utive agreement with a NATO member nation under this

7 section to the congressional committees specified in para8 graph (2) not less than 30 days before the conclusion and

9 endorsement of the agreement.

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

11 the congressional defense committees, the Committee on

12 International Relations of the House of Representatives,

13 and the Committee on Foreign Relations of the Senate.

14 SEC. 8019. None of the funds available to the De15 partment of Defense may be used to demilitarize or dis16 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles,

17 .22 caliber rifles, .30 caliber rifles, or M–1911 pistols.

18 SEC. 8020. No more than $500,000 of the funds ap19 propriated or made available in this Act shall be used dur20 ing a single fiscal year for any single relocation of an orga21 nization, unit, activity or function of the Department of

22 Defense into or within the National Capital Region: Pro23 vided, That the Secretary of Defense may waive this re24 striction on a case-by-case basis by certifying in writing
53

•HR 2658 EH

1 to the congressional defense committees that such a relo2 cation is required in the best interest of the Government.

3 SEC. 8021. In addition to the funds provided else4 where in this Act, $8,000,000 is appropriated only for in5 centive payments authorized by Section 504 of the Indian

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

7 a prime contractor or a subcontractor at any tier that

8 makes a subcontract award to any subcontractor or sup9 plier as defined in 25 U.S.C. 1544 or a small business

10 owned and controlled by an individual defined under 25

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

12 purposes of being allowed additional compensation under

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

14 U.S.C. 1544) whenever the prime contract or subcontract

15 amount is over $500,000 and involves the expenditure of

16 funds appropriated by an Act making Appropriations for

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

18 Provided further, That notwithstanding 41 U.S.C. 430,

19 this section shall be applicable to any Department of De20 fense acquisition of supplies or services, including any con21 tract and any subcontract at any tier for acquisition of

22 commercial items produced or manufactured, in whole or

23 in part by any subcontractor or supplier defined in 25

24 U.S.C. 1544 or a small business owned and controlled by

25 an individual defined under 25 U.S.C. 4221(9).
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1 SEC. 8022. None of the funds appropriated by this

2 Act shall be available to perform any cost study pursuant

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

4 performed exceeds a period of 24 months after initiation

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

6 48 months after initiation of such study for a multi-func7 tion activity.

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

9 American Forces Information Service shall not be used for

10 any national or international political or psychological ac11 tivities.

12 SEC. 8024. Notwithstanding any other provision of

13 law or regulation, the Secretary of Defense may adjust

14 wage rates for civilian employees hired for certain health

15 care occupations as authorized for the Secretary of Vet16 erans Affairs by section 7455 of title 38, United States

17 Code.

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

19 qualified nonprofit agencies for the blind or other severely

20 handicapped the maximum practicable opportunity to par21 ticipate as subcontractors and suppliers in the perform22 ance of contracts for the procurement of supplies or serv23 ices that are let by the Department of Defense using funds

24 appropriated for military functions of the Department of
55

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1 Defense (other than for military construction or military

2 family housing).

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

4 Secretary of a military department or the director of a

5 Defense Agency a subcontracting plan for the participa6 tion by small business concerns pursuant to section 8(d)

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

8 given credit toward meeting that subcontracting goal for

9 any purchase made from a qualified nonprofit agency for

10 the blind or other severely handicapped.

11 (c) For the purpose of this section, the term ‘‘quali12 fied nonprofit agency for the blind or other severely handi13 capped’’ means a nonprofit agency for the blind, or a non14 profit agency for other severely handicapped, that has

15 been approved by the Committee for the Purchase from

16 the Blind and Other Severely Handicapped under the Jav17 its-Wagner-O’Day Act (41 U.S.C. 46–48).

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

19 year and hereafter.

20 SEC. 8026. During the current fiscal year, net re21 ceipts pursuant to collections from third party payers pur22 suant to section 1095 of title 10, United States Code, shall

23 be made available to the local facility of the uniformed

24 services responsible for the collections and shall be over

25 and above the facility’s direct budget amount.
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1 SEC. 8027. During the current fiscal year, the De2 partment of Defense is authorized to incur obligations of

3 not to exceed $350,000,000 for purposes specified in sec4 tion 2350j(c) of title 10, United States Code, in anticipa5 tion of receipt of contributions, only from the Government

6 of Kuwait, under that section: Provided, That upon re7 ceipt, such contributions from the Government of Kuwait

8 shall be credited to the appropriations or fund which in9 curred such obligations.

10 (INCLUDING TRANSFER OF FUNDS)

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

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

13 Civil Air Patrol Corporation, of which—

14 (1) $21,432,000 shall be available from ‘‘Oper15 ation and Maintenance, Air Force’’ to support Civil

16 Air Patrol Corporation operation and maintenance,

17 readiness, counterdrug activities, and drug demand

18 reduction activities involving youth programs;

19 (2) $10,540,000 shall be available from ‘‘Air20 craft Procurement, Air Force’’; and

21 (3) $786,000 shall be available from ‘‘Other

22 Procurement, Air Force’’ for vehicle procurement.

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

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

25 made available to the Civil Air Patrol Corporation in this

26 Act under the heading ‘‘Aircraft Procurement, Air Force’’,
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•HR 2658 EH

1 not more than $770,000 may be transferred by the Sec2 retary of the Air Force to the ‘‘Operation and Mainte3 nance, Air Force’’ appropriation to be merged with and

4 to be available for administrative expenses incurred by the

5 Air Force in the administration of Civil Air Patrol Cor6 poration. Funds so transferred shall be available for the

7 same period as the appropriation to which transferred.

8 (c) The Secretary of the Air Force should waive reim9 bursement for any funds used by the Civil Air Patrol for

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

11 local government agencies.

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

13 Act are available to establish a new Department of De14 fense (department) federally funded research and develop15 ment center (FFRDC), either as a new entity, or as a

16 separate entity administrated by an organization man17 aging another FFRDC, or as a nonprofit membership cor18 poration consisting of a consortium of other FFRDCs and

19 other non-profit entities.

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

21 Overseers, Advisory Group, Special Issues Panel, Visiting

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

23 and no paid consultant to any defense FFRDC, except

24 when acting in a technical advisory capacity, may be com25 pensated for his or her services as a member of such enti-
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•HR 2658 EH

1 ty, or as a paid consultant by more than one FFRDC in

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

3 referred to previously in this subsection shall be allowed

4 travel expenses and per diem as authorized under the Fed5 eral Joint Travel Regulations, when engaged in the per6 formance of membership duties.

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

8 of the funds available to the department from any source

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

10 through a fee or other payment mechanism, for construc11 tion of new buildings, for payment of cost sharing for

12 projects funded by Government grants, for absorption of

13 contract overruns, or for certain charitable contributions,

14 not to include employee participation in community service

15 and/or development.

16 (d) Notwithstanding any other provision of law, of

17 the funds available to the department during fiscal year

18 2004, not more than 6,321 staff years of technical effort

19 (staff years) may be funded for defense FFRDCs: Pro20 vided, That of the specific amount referred to previously

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

22 be funded for the defense studies and analysis FFRDCs.

23 (e) The Secretary of Defense shall, with the submis24 sion of the department’s fiscal year 2005 budget request,

25 submit a report presenting the specific amounts of staff
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1 years of technical effort to be allocated for each defense

2 FFRDC during that fiscal year.

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

4 the total amount appropriated in this Act for FFRDCs

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

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

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

8 or armor steel plate for use in any Government-owned fa9 cility or property under the control of the Department of

10 Defense which were not melted and rolled in the United

11 States or Canada: Provided, That these procurement re12 strictions shall apply to any and all Federal Supply Class

13 9515, American Society of Testing and Materials (ASTM)

14 or American Iron and Steel Institute (AISI) specifications

15 of carbon, alloy or armor steel plate: Provided further,

16 That the Secretary of the military department responsible

17 for the procurement may waive this restriction on a case18 by-case basis by certifying in writing to the Committees

19 on Appropriations of the House of Representatives and the

20 Senate that adequate domestic supplies are not available

21 to meet Department of Defense requirements on a timely

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

23 to acquire capability for national security purposes: Pro24 vided further, That these restrictions shall not apply to
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1 contracts which are in being as of the date of the enact2 ment of this Act.

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

4 ‘‘congressional defense committees’’ means the Armed

5 Services Committee of the House of Representatives, the

6 Armed Services Committee of the Senate, the Sub7 committee on Defense of the Committee on Appropriations

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

9 Committee on Appropriations of the House of Representa10 tives.

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

12 hereafter, the Department of Defense may acquire the

13 modification, depot maintenance, and repair of aircraft,

14 vehicles, and vessels, as well as the production of compo15 nents and other Defense-related articles, through competi16 tion between Department of Defense depot maintenance

17 activities and private firms.

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

19 section, the Senior Acquisition Executive of the military

20 department or Defense Agency concerned shall certify that

21 the successful bid includes comparable estimates of all di22 rect and indirect costs for bids submitted both by Depart23 ment of Defense depot maintenance activities and by pri24 vate firms. The authority of the Senior Acquisition Execu25 tive under this section may be delegated.
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1 (c) Office of Management and Budget Circular A–

2 76 shall not apply to a competition conducted under this

3 section.

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

5 consultation with the United States Trade Representative,

6 determines that a foreign country which is party to an

7 agreement described in paragraph (2) has violated the

8 terms of the agreement by discriminating against certain

9 types of products produced in the United States that are

10 covered by the agreement, the Secretary of Defense shall

11 rescind the Secretary’s blanket waiver of the Buy Amer12 ican Act with respect to such types of products produced

13 in that foreign country.

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

15 reciprocal defense procurement memorandum of under16 standing, between the United States and a foreign country

17 pursuant to which the Secretary of Defense has prospec18 tively waived the Buy American Act for certain products

19 in that country.

20 (b) The Secretary of Defense shall submit to the Con21 gress a report on the amount of Department of Defense

22 purchases from foreign entities in fiscal year 2004. Such

23 report shall separately indicate the dollar value of items

24 for which the Buy American Act was waived pursuant to

25 any agreement described in subsection (a)(2), the Trade
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1 Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any

2 international agreement to which the United States is a

3 party.

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

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

6 making appropriations for the Treasury and Post Office

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

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

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

10 SEC. 8034. Appropriations contained in this Act that

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

12 a result of energy cost savings realized by the Department

13 of Defense shall remain available for obligation for the

14 next fiscal year to the extent, and for the purposes, pro15 vided in section 2865 of title 10, United States Code.

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 8035. Amounts deposited during the current fis18 cal year to the special account established under 40 U.S.C.

19 572(b)(5)(A) and to the special account established under

20 10 U.S.C. 2667(d)(1) are appropriated and shall be avail21 able until transferred by the Secretary of Defense to cur22 rent applicable appropriations or funds of the Department

23 of Defense under the terms and conditions specified by

24 40 U.S.C. 572(b)(5)(B) and 10 U.S.C. 2667(d)(1)(B), to

25 be merged with and to be available for the same time pe-
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1 riod and the same purposes as the appropriation to which

2 transferred.

3 SEC. 8036. The President shall include with each

4 budget for a fiscal year submitted to the Congress under

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

6 that shall identify clearly and separately the amounts re7 quested in the budget for appropriation for that fiscal year

8 for salaries and expenses related to administrative activi9 ties of the Department of Defense, the military depart10 ments, and the defense agencies.

11 SEC. 8037. Notwithstanding any other provision of

12 law, funds available for ‘‘Drug Interdiction and Counter13 Drug Activities, Defense’’ may be obligated for the Young

14 Marines program.

15 (INCLUDING TRANSFER OF FUNDS)

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

17 contained in the Department of Defense Overseas Military

18 Facility Investment Recovery Account established by sec19 tion 2921(c)(1) of the National Defense Authorization Act

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

21 be available until expended for the payments specified by

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

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

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

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

26 to Indian tribes located in the States of North Dakota,
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1 South Dakota, Montana, and Minnesota relocatable mili2 tary housing units located at Grand Forks Air Force Base

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

4 of the Air Force.

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

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

7 military housing units under subsection (a) in accordance

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

9 Secretary by the Operation Walking Shield Program on

10 behalf of Indian tribes located in the States of North Da11 kota, South Dakota, Montana, and Minnesota.

12 (c) RESOLUTION OF HOUSING UNIT CONFLICTS.—

13 The Operation Walking Shield program shall resolve any

14 conflicts among requests of Indian tribes for housing units

15 under subsection (a) before submitting requests to the

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

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

18 term ‘‘Indian tribe’’ means any recognized Indian tribe in19 cluded on the current list published by the Secretary of

20 the Interior under section 104 of the Federally Recognized

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

22 4792; 25 U.S.C. 479a–1).

23 SEC. 8040. During the current fiscal year, appropria24 tions which are available to the Department of Defense

25 for operation and maintenance may be used to purchase
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1 items having an investment item unit cost of not more

2 than $250,000.

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

4 of the appropriations or funds available to the Department

5 of Defense Working Capital Funds shall be used for the

6 purchase of an investment item for the purpose of acquir7 ing a new inventory item for sale or anticipated sale dur8 ing the current fiscal year or a subsequent fiscal year to

9 customers of the Department of Defense Working Capital

10 Funds if such an item would not have been chargeable

11 to the Department of Defense Business Operations Fund

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

13 investment item would be chargeable during the current

14 fiscal year to appropriations made to the Department of

15 Defense for procurement.

16 (b) The fiscal year 2005 budget request for the De17 partment of Defense as well as all justification material

18 and other documentation supporting the fiscal year 2005

19 Department of Defense budget shall be prepared and sub20 mitted to the Congress on the basis that any equipment

21 which was classified as an end item and funded in a pro22 curement appropriation contained in this Act shall be

23 budgeted for in a proposed fiscal year 2005 procurement

24 appropriation and not in the supply management business
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•HR 2658 EH

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

2 Defense Working Capital Funds.

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

4 Act for programs of the Central Intelligence Agency shall

5 remain available for obligation beyond the current fiscal

6 year, except for funds appropriated for the Reserve for

7 Contingencies, which shall remain available until Sep8 tember 30, 2005: Provided, That funds appropriated,

9 transferred, or otherwise credited to the Central Intel10 ligence Agency Central Services Working Capital Fund

11 during this or any prior or subsequent fiscal year shall

12 remain available until expended: Provided further, That

13 any funds appropriated or transferred to the Central Intel14 ligence Agency for agent operations and for covert action

15 programs authorized by the President under section 503

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

17 remain available until September 30, 2005.

18 SEC. 8043. Notwithstanding any other provision of

19 law, funds made available in this Act for the Defense In20 telligence Agency may be used for the design, develop21 ment, and deployment of General Defense Intelligence

22 Program intelligence communications and intelligence in23 formation systems for the Services, the Unified and Speci24 fied Commands, and the component commands.
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1 SEC. 8044. Of the funds appropriated to the Depart2 ment of Defense under the heading ‘‘Operation and Main3 tenance, Defense-Wide’’, not less than $10,000,000 shall

4 be made available only for the mitigation of environmental

5 impacts, including training and technical assistance to

6 tribes, related administrative support, the gathering of in7 formation, documenting of environmental damage, and de8 veloping a system for prioritization of mitigation and cost

9 to complete estimates for mitigation, on Indian lands re10 sulting from Department of Defense activities.

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

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

13 Defense unless the entity, in expending the funds, com14 plies with the Buy American Act. For purposes of this

15 subsection, the term ‘‘Buy American Act’’ means title III

16 of the Act entitled ‘‘An Act making appropriations for the

17 Treasury and Post Office Departments for the fiscal year

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

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

20 (b) If the Secretary of Defense determines that a per21 son has been convicted of intentionally affixing a label

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

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

24 in America, the Secretary shall determine, in accordance

25 with section 2410f of title 10, United States Code, wheth-
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1 er the person should be debarred from contracting with

2 the Department of Defense.

3 (c) In the case of any equipment or products pur4 chased with appropriations provided under this Act, it is

5 the sense of the Congress that any entity of the Depart6 ment of Defense, in expending the appropriation, purchase

7 only American-made equipment and products, provided

8 that American-made equipment and products are cost9 competitive, quality-competitive, and available in a timely

10 fashion.

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

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

13 or consulting services entered into without competition on

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

15 activity responsible for the procurement determines—

16 (1) as a result of thorough technical evaluation,

17 only one source is found fully qualified to perform

18 the proposed work;

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

20 unsolicited proposal which offers significant sci21 entific or technological promise, represents the prod22 uct of original thinking, and was submitted in con23 fidence by one source; or

24 (3) the purpose of the contract is to take ad25 vantage of unique and significant industrial accom-
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1 plishment by a specific concern, or to insure that a

2 new product or idea of a specific concern is given fi3 nancial support:

4 Provided, That this limitation shall not apply to contracts

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

6 improvements of equipment that is in development or pro7 duction, or contracts as to which a civilian official of the

8 Department of Defense, who has been confirmed by the

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

10 the interest of the national defense.

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

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

13 be used—

14 (1) to establish a field operating agency; or

15 (2) to pay the basic pay of a member of the

16 Armed Forces or civilian employee of the depart17 ment who is transferred or reassigned from a head18 quarters activity if the member or employee’s place

19 of duty remains at the location of that headquarters.

20 (b) The Secretary of Defense or Secretary of a mili21 tary department may waive the limitations in subsection

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

23 and certifies to the Committees on Appropriations of the

24 House of Representatives and Senate that the granting
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1 of the waiver will reduce the personnel requirements or

2 the financial requirements of the department.

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

4 agencies funded within the National Foreign Intelligence

5 Program.

6 SEC. 8048. Notwithstanding section 303 of Public

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

8 of the Navy is authorized to lease real and personal prop9 erty at Naval Air Facility, Adak, Alaska, pursuant to 10

10 U.S.C. 2667(f), for commercial, industrial or other pur11 poses: Provided, That notwithstanding any other provision

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

13 materials from facilities, buildings, and structures at

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

15 such facilities, buildings, and structures.

16 (RESCISSIONS)

17 SEC. 8049. Of the funds appropriated in Department

18 of Defense Appropriations Acts, the following funds are

19 hereby rescinded from the following accounts and pro20 grams in the specified amounts:

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

22 $47,100,000;

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

24 $8,000,000;

25 ‘‘Shipbuilding and Conversion, Navy, 2002/

26 2006’’, $25,600,000;
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1 ‘‘Missile Procurement, Air Force, 2003/2005’’,

2 $27,000,000;

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

4 $30,000,000; and

5 ‘‘Research, Development, Test and Evaluation,

6 Army, 2003/2004’’, $1,650,000.

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

8 may be used to reduce the authorized positions for mili9 tary (civilian) technicians of the Army National Guard,

10 the Air National Guard, Army Reserve and Air Force Re11 serve for the purpose of applying any administratively im12 posed civilian personnel ceiling, freeze, or reduction on

13 military (civilian) technicians, unless such reductions are

14 a direct result of a reduction in military force structure.

15 SEC. 8051. None of the funds appropriated or other16 wise made available in this Act may be obligated or ex17 pended for assistance to the Democratic People’s Republic

18 of North Korea unless specifically appropriated for that

19 purpose.

20 SEC. 8052. During the current fiscal year, funds ap21 propriated in this Act are available to compensate mem22 bers of the National Guard for duty performed pursuant

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

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

25 United States Code: Provided, That during the perform-
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1 ance of such duty, the members of the National Guard

2 shall be under State command and control: Provided fur3 ther, That such duty shall be treated as full-time National

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

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

6 SEC. 8053. Funds appropriated in this Act for oper7 ation and maintenance of the Military Departments, Com8 batant Commands and Defense Agencies shall be available

9 for reimbursement of pay, allowances and other expenses

10 which would otherwise be incurred against appropriations

11 for the National Guard and Reserve when members of the

12 National Guard and Reserve provide intelligence or coun13 terintelligence support to Combatant Commands, Defense

14 Agencies and Joint Intelligence Activities, including the

15 activities and programs included within the National For16 eign Intelligence Program (NFIP), the Joint Military In17 telligence Program (JMIP), and the Tactical Intelligence

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

19 nothing in this section authorizes deviation from estab20 lished Reserve and National Guard personnel and training

21 procedures.

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

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

24 the civilian medical and medical support personnel as25 signed to military treatment facilities below the September
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1 30, 2002 level: Provided, That the Service Surgeons Gen2 eral may waive this section by certifying to the congres3 sional defense committees that the beneficiary population

4 is declining in some catchment areas and civilian strength

5 reductions may be consistent with responsible resource

6 stewardship and capitation-based budgeting.

7 SEC. 8055. (a) LIMITATION ON PENTAGON RENOVA8 TION COSTS.—Not later than the date each year on which

9 the President submits to Congress the budget under sec10 tion 1105 of title 31, United States Code, the Secretary

11 of Defense shall submit to Congress a certification that

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

13 installation of equipment for the renovation of wedges 2

14 through 5 of the Pentagon Reservation, cumulatively, will

15 not exceed four times the total cost for the planning, de16 sign, construction, and installation of equipment for the

17 renovation of wedge 1.

18 (b) ANNUAL ADJUSTMENT.—For purposes of apply19 ing the limitation in subsection (a), the Secretary shall

20 adjust the cost for the renovation of wedge 1 by any in21 crease or decrease in costs attributable to economic infla22 tion, based on the most recent economic assumptions

23 issued by the Office of Management and Budget for use

24 in preparation of the budget of the United States under

25 section 1104 of title 31, United States Code.
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1 (c) EXCLUSION OF CERTAIN COSTS.—For purposes

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

3 cost for wedges 2 through 5 shall not include—

4 (1) any repair or reconstruction cost incurred

5 as a result of the terrorist attack on the Pentagon

6 that occurred on September 11, 2001;

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

8 5 attributable to compliance with new requirements

9 of Federal, State, or local laws; and

10 (3) any increase in costs attributable to addi11 tional security requirements that the Secretary of

12 Defense considers essential to provide a safe and se13 cure working environment.

14 (d) CERTIFICATION COST REPORTS.—As part of the

15 annual certification under subsection (a), the Secretary

16 shall report the projected cost (as of the time of the certifi17 cation) for—

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

19 amount adjusted or otherwise excluded for such

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

21 of subsection (c) for the period covered by the cer22 tification; and

23 (2) the repair and reconstruction of wedges 1

24 and 2 in response to the terrorist attack on the Pen25 tagon that occurred on September 11, 2001.
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1 (e) DURATION OF CERTIFICATION REQUIREMENT.—

2 The requirement to make an annual certification under

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

4 Congress that the renovation of the Pentagon Reservation

5 is completed.

6 SEC. 8056. Notwithstanding any other provision of

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

8 this Act for environmental remediation may be obligated

9 under indefinite delivery/indefinite quantity contracts with

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

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

12 Department of Defense for any fiscal year for drug inter13 diction or counter-drug activities may be transferred to

14 any other department or agency of the United States ex15 cept as specifically provided in an appropriations law.

16 (b) None of the funds available to the Central Intel17 ligence Agency for any fiscal year for drug interdiction

18 and counter-drug activities may be transferred to any

19 other department or agency of the United States except

20 as specifically provided in an appropriations law.

21 (TRANSFER OF FUNDS)

22 SEC. 8058. Appropriations available in this Act under

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

24 for increasing energy and water efficiency in Federal

25 buildings may, during their period of availability, be trans26 ferred to other appropriations or funds of the Department
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1 of Defense for projects related to increasing energy and

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

3 for the same general purposes, and for the same time pe4 riod, as the appropriation or fund to which transferred.

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

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

7 bearings other than those produced by a domestic source

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

9 the military department responsible for such procurement

10 may waive this restriction on a case-by-case basis by certi11 fying in writing to the Committees on Appropriations of

12 the House of Representatives and the Senate, that ade13 quate domestic supplies are not available to meet Depart14 ment of Defense requirements on a timely basis and that

15 such an acquisition must be made in order to acquire ca16 pability for national security purposes: Provided further,

17 That this restriction shall not apply to the purchase of

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

19 Office of Federal Procurement Policy Act, except that the

20 restriction shall apply to ball or roller bearings purchased

21 as end item.

22 SEC. 8060. Notwithstanding any other provision of

23 law, funds available to the Department of Defense shall

24 be made available to provide transportation of medical

25 supplies and equipment, on a nonreimbursable basis, to
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1 American Samoa, and funds available to the Department

2 of Defense shall be made available to provide transpor3 tation of medical supplies and equipment, on a non4 reimbursable basis, to the Indian Health Service when it

5 is in conjunction with a civil-military project.

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

7 used to purchase any supercomputer which is not manu8 factured in the United States, unless the Secretary of De9 fense certifies to the congressional defense committees

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

11 capability for national security purposes that is not avail12 able from United States manufacturers.

13 SEC. 8062. Notwithstanding any other provision of

14 law, the Naval shipyards of the United States shall be eli15 gible to participate in any manufacturing extension pro16 gram financed by funds appropriated in this or any other

17 Act.

18 SEC. 8063. Notwithstanding any other provision of

19 law, each contract awarded by the Department of Defense

20 during the current fiscal year for construction or service

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

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

23 not contiguous with another State and has an unemploy24 ment rate in excess of the national average rate of unem25 ployment as determined by the Secretary of Labor, shall
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1 include a provision requiring the contractor to employ, for

2 the purpose of performing that portion of the contract in

3 such State that is not contiguous with another State, indi4 viduals who are residents of such State and who, in the

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

6 acquire promptly the necessary skills: Provided, That the

7 Secretary of Defense may waive the requirements of this

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

9 security.

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

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

12 officer or employee of the Department of Defense who ap13 proves or implements the transfer of administrative re14 sponsibilities or budgetary resources of any program,

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

16 of another Federal agency not financed by this Act with17 out the express authorization of Congress: Provided, That

18 this limitation shall not apply to transfers of funds ex19 pressly provided for in Defense Appropriations Acts, or

20 provisions of Acts providing supplemental appropriations

21 for the Department of Defense.

22 SEC. 8065. (a) LIMITATION ON TRANSFER OF DE23 FENSE ARTICLES AND SERVICES.—Notwithstanding any

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

25 Department of Defense for the current fiscal year may be
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1 obligated or expended to transfer to another nation or an

2 international organization any defense articles or services

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

4 described in subsection (b) unless the congressional de5 fense committees, the Committee on International Rela6 tions of the House of Representatives, and the Committee

7 on Foreign Relations of the Senate are notified 15 days

8 in advance of such transfer.

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

10 (1) any international peacekeeping or peace-en11 forcement operation under the authority of chapter

12 VI or chapter VII of the United Nations Charter

13 under the authority of a United Nations Security

14 Council resolution; and

15 (2) any other international peacekeeping, peace16 enforcement, or humanitarian assistance operation.

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

18 (a) shall include the following:

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

20 services to be transferred.

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

22 supplies, or services to be transferred.

23 (3) In the case of a proposed transfer of equip24 ment or supplies—
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1 (A) a statement of whether the inventory

2 requirements of all elements of the Armed

3 Forces (including the reserve components) for

4 the type of equipment or supplies to be trans5 ferred have been met; and

6 (B) a statement of whether the items pro7 posed to be transferred will have to be replaced

8 and, if so, how the President proposes to pro9 vide funds for such replacement.

10 SEC. 8066. To the extent authorized by subchapter

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

12 Secretary of Defense may issue loan guarantees in support

13 of United States defense exports not otherwise provided

14 for: Provided, That the total contingent liability of the

15 United States for guarantees issued under the authority

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

17 further, That the exposure fees charged and collected by

18 the Secretary for each guarantee shall be paid by the

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

20 loan guaranteed by the United States: Provided further,

21 That the Secretary shall provide quarterly reports to the

22 Committees on Appropriations, Armed Services, and For23 eign Relations of the Senate and the Committees on Ap24 propriations, Armed Services, and International Relations

25 in the House of Representatives on the implementation of
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1 this program: Provided further, That amounts charged for

2 administrative fees and deposited to the special account

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

4 available for paying the costs of administrative expenses

5 of the Department of Defense that are attributable to the

6 loan guarantee program under subchapter VI of chapter

7 148 of title 10, United States Code.

8 SEC. 8067. None of the funds available to the De9 partment of Defense under this Act shall be obligated or

10 expended to pay a contractor under a contract with the

11 Department of Defense for costs of any amount paid by

12 the contractor to an employee when—

13 (1) such costs are for a bonus or otherwise in

14 excess of the normal salary paid by the contractor

15 to the employee; and

16 (2) such bonus is part of restructuring costs as17 sociated with a business combination.

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

19 otherwise made available in this Act may be used to trans20 port or provide for the transportation of chemical muni21 tions or agents to the Johnston Atoll for the purpose of

22 storing or demilitarizing such munitions or agents.

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

24 to any obsolete World War II chemical munition or agent
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1 of the United States found in the World War II Pacific

2 Theater of Operations.

3 (c) The President may suspend the application of

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

5 States is a party.

6 (INCLUDING TRANSFER OF FUNDS)

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

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

9 under the heading ‘‘Operation and Maintenance, Defense10 Wide’’ may be transferred to appropriations available for

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

12 be available for the same time period as the appropriations

13 to which transferred, to be used in support of such per14 sonnel in connection with support and services for eligible

15 organizations and activities outside the Department of De16 fense pursuant to section 2012 of title 10, United States

17 Code.

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

19 of an appropriation account of the Department of Defense

20 for which the period of availability for obligation has ex21 pired or which has closed under the provisions of section

22 1552 of title 31, United States Code, and which has a

23 negative unliquidated or unexpended balance, an obliga24 tion or an adjustment of an obligation may be charged

25 to any current appropriation account for the same purpose

26 as the expired or closed account if—
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1 (1) the obligation would have been properly

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

3 closed account before the end of the period of avail4 ability or closing of that account;

5 (2) the obligation is not otherwise properly

6 chargeable to any current appropriation account of

7 the Department of Defense; and

8 (3) in the case of an expired account, the obli9 gation is not chargeable to a current appropriation

10 of the Department of Defense under the provisions

11 of section 1405(b)(8) of the National Defense Au12 thorization Act for Fiscal Year 1991, Public Law

13 101–510, as amended (31 U.S.C. 1551 note): Pro14 vided, That in the case of an expired account, if sub15 sequent review or investigation discloses that there

16 was not in fact a negative unliquidated or unex17 pended balance in the account, any charge to a cur18 rent account under the authority of this section shall

19 be reversed and recorded against the expired ac20 count: Provided further, That the total amount

21 charged to a current appropriation under this sec22 tion may not exceed an amount equal to 1 percent

23 of the total appropriation for that account.

24 SEC. 8071. Funds appropriated for the Department

25 of Defense in this Act or any other Act for the current
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1 fiscal year and hereafter for Operation and Maintenance

2 or for the Defense Health Program for supervision and

3 administration costs for facilities maintenance and repair,

4 minor construction, or design projects may be obligated

5 when the reimbursable order is accepted by the performing

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

7 administration costs include all in-house Government

8 costs.

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

10 hereafter, the Chief of the National Guard Bureau may

11 permit the use of equipment of the National Guard Dis12 tance Learning Project by any person or entity on a space13 available, reimbursable basis. The Chief of the National

14 Guard Bureau shall establish the amount of reimburse15 ment for such use on a case-by-case basis.

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

17 amounts collected under the subsection (a) shall be cred18 ited to funds then available for the National Guard Dis19 tance Learning Project and shall be available to defray

20 the costs associated with the use of equipment of the Dis21 tance Learning Project under that subsection. Such funds

22 shall be available for such purpose without fiscal year limi23 tation.

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

25 other Act, the Secretary of the Air Force, pursuant to a
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1 determination under section 2690 of title 10, United

2 States Code, may implement cost-effective agreements for

3 required heating facility modernization in the

4 Kaiserslautern Military Community in the Federal Repub5 lic of Germany: Provided, That in the City of

6 Kaiserslautern such agreements will include the use of

7 United States anthracite as the base load energy for mu8 nicipal district heat to the United States Defense installa9 tions: Provided further, That at Landstuhl Army Regional

10 Medical Center and Ramstein Air Base, furnished heat

11 may be obtained from private, regional or municipal serv12 ices, if provisions are included for the consideration of

13 United States coal as an energy source.

14 SEC. 8074. None of the funds appropriated in title

15 IV of this Act may be used to procure end-items for deliv16 ery to military forces for operational training, operational

17 use or inventory requirements: Provided, That this restric18 tion does not apply to end-items used in development,

19 prototyping, and test activities preceding and leading to

20 acceptance for operational use: Provided further, That this

21 restriction does not apply to programs funded within the

22 National Foreign Intelligence Program: Provided further,

23 That the Secretary of Defense may waive this restriction

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

25 Committees on Appropriations of the House of Represent-
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1 atives and the Senate that it is in the national security

2 interest to do so.

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

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

5 22 advanced tactical fighter to any foreign government.

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

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

8 each limitation on the procurement of defense items from

9 foreign sources provided in law if the Secretary determines

10 that the application of the limitation with respect to that

11 country would invalidate cooperative programs entered

12 into between the Department of Defense and the foreign

13 country, or would invalidate reciprocal trade agreements

14 for the procurement of defense items entered into under

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

16 country does not discriminate against the same or similar

17 defense items produced in the United States for that coun18 try.

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

20 (1) contracts and subcontracts entered into on

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

22 (2) options for the procurement of items that

23 are exercised after such date under contracts that

24 are entered into before such date if the option prices
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1 are adjusted for any reason other than the applica2 tion of a waiver granted under subsection (a).

3 (c) Subsection (a) does not apply to a limitation re4 garding construction of public vessels, ball and roller bear5 ings, food, and clothing or textile materials as defined by

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

7 Schedule and products classified under headings 4010,

8 4202, 4203, 6401 through 6406, 6505, 7019, 7218

9 through 7229, 7304.41 through 7304.49, 7306.40, 7502

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

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

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

13 training program involving a unit of the security forces

14 of a foreign country if the Secretary of Defense has re15 ceived credible information from the Department of State

16 that the unit has committed a gross violation of human

17 rights, unless all necessary corrective steps have been

18 taken.

19 (b) MONITORING.—The Secretary of Defense, in con20 sultation with the Secretary of State, shall ensure that

21 prior to a decision to conduct any training program re22 ferred to in subsection (a), full consideration is given to

23 all credible information available to the Department of

24 State relating to human rights violations by foreign secu25 rity forces.
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1 (c) WAIVER.—The Secretary of Defense, after con2 sultation with the Secretary of State, may waive the prohi3 bition in subsection (a) if he determines that such waiver

4 is required by extraordinary circumstances.

5 (d) REPORT.—Not more than 15 days after the exer6 cise of any waiver under subsection (c), the Secretary of

7 Defense shall submit a report to the congressional defense

8 committees describing the extraordinary circumstances,

9 the purpose and duration of the training program, the

10 United States forces and the foreign security forces in11 volved in the training program, and the information relat12 ing to human rights violations that necessitates the waiv13 er.

14 SEC. 8078. The Secretary of Defense, in coordination

15 with the Secretary of Health and Human Services, may

16 carry out a program to distribute surplus dental equip17 ment of the Department of Defense, at no cost to the De18 partment of Defense, to Indian Health Service facilities

19 and to federally-qualified health centers (within the mean20 ing of section 1905(l)(2)(B) of the Social Security Act (42

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

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

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

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

25 ships unless the main propulsion diesel engines and
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1 propulsors are manufactured in the United States by a

2 domestically operated entity: Provided, That the Secretary

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

4 basis by certifying in writing to the Committees on Appro5 priations of the House of Representatives and the Senate

6 that adequate domestic supplies are not available to meet

7 Department of Defense requirements on a timely basis

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

9 acquire capability for national security purposes or there

10 exists a significant cost or quality difference.

11 SEC. 8080. None of the funds appropriated or other12 wise made available by this or other Department of De13 fense Appropriations Acts may be obligated or expended

14 for the purpose of performing repairs or maintenance to

15 military family housing units of the Department of De16 fense, including areas in such military family housing

17 units that may be used for the purpose of conducting offi18 cial Department of Defense business.

19 SEC. 8081. Notwithstanding any other provision of

20 law, funds appropriated in this Act under the heading

21 ‘‘Research, Development, Test and Evaluation, Defense22 Wide’’ for any advanced concept technology demonstration

23 project may only be obligated 30 days after a report, in24 cluding a description of the project and its estimated an25 nual and total cost, has been provided in writing to the
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1 congressional defense committees: Provided, That the Sec2 retary of Defense may waive this restriction on a case3 by-case basis by certifying to the congressional defense

4 committees that it is in the national interest to do so.

5 SEC. 8082. Notwithstanding any other provision of

6 law, for the purpose of establishing all Department of De7 fense policies governing the provision of care provided by

8 and financed under the military health care system’s case

9 management program under 10 U.S.C. 1079(a)(17), the

10 term ‘‘custodial care’’ shall be defined as care designed

11 essentially to assist an individual in meeting the activities

12 of daily living and which does not require the supervision

13 of trained medical, nursing, paramedical or other specially

14 trained individuals: Provided, That the case management

15 program shall provide that members and retired members

16 of the military services, and their dependents and sur17 vivors, have access to all medically necessary health care

18 through the health care delivery system of the military

19 services regardless of the health care status of the person

20 seeking the health care: Provided further, That the case

21 management program shall be the primary obligor for pay22 ment of medically necessary services and shall not be con23 sidered as secondarily liable to title XIX of the Social Se24 curity Act, other welfare programs or charity based care.
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1 SEC. 8083. During the current fiscal year and here2 after, refunds attributable to the use of the Government

3 travel card, refunds attributable to the use of the Govern4 ment Purchase Card and refunds attributable to official

5 Government travel arranged by Government Contracted

6 Travel Management Centers may be credited to operation

7 and maintenance accounts of the Department of Defense

8 which are current when the refunds are received.

9 SEC. 8084. (a) REGISTERING FINANCIAL MANAGE10 MENT INFORMATION TECHNOLOGY SYSTEMS WITH DOD

11 CHIEF INFORMATION OFFICER.—None of the funds ap12 propriated in this Act may be used for a mission critical

13 or mission essential financial management information

14 technology system (including a system funded by the de15 fense working capital fund) that is not registered with the

16 Chief Information Officer of the Department of Defense.

17 A system shall be considered to be registered with that

18 officer upon the furnishing to that officer of notice of the

19 system, together with such information concerning the

20 system as the Secretary of Defense may prescribe. A fi21 nancial management information technology system shall

22 be considered a mission critical or mission essential infor23 mation technology system as defined by the Under Sec24 retary of Defense (Comptroller).
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1 (b) CERTIFICATIONS AS TO COMPLIANCE WITH FI2 NANCIAL MANAGEMENT MODERNIZATION PLAN.—

3 (1) During the current fiscal year, a financial

4 management automated information system, a mixed

5 information system supporting financial and non-fi6 nancial systems, or a system improvement of more

7 than $1,000,000 may not receive Milestone A ap8 proval, Milestone B approval, or full rate production,

9 or their equivalent, within the Department of De10 fense until the Under Secretary of Defense (Comp11 troller) certifies, with respect to that milestone, that

12 the system is being developed and managed in ac13 cordance with the Department’s Financial Manage14 ment Modernization Plan. The Under Secretary of

15 Defense (Comptroller) may require additional certifi16 cations, as appropriate, with respect to any such sys17 tem.

18 (2) The Chief Information Officer shall provide

19 the congressional defense committees timely notifica20 tion of certifications under paragraph (1).

21 (c) CERTIFICATIONS AS TO COMPLIANCE WITH

22 CLINGER-COHEN ACT.—

23 (1) During the current fiscal year, a major

24 automated information system may not receive Mile25 stone A approval, Milestone B approval, or full rate
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1 production approval, or their equivalent, within the

2 Department of Defense until the Chief Information

3 Officer certifies, with respect to that milestone, that

4 the system is being developed in accordance with the

5 Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.).

6 The Chief Information Officer may require addi7 tional certifications, as appropriate, with respect to

8 any such system.

9 (2) The Chief Information Officer shall provide

10 the congressional defense committees timely notifica11 tion of certifications under paragraph (1). Each

12 such notification shall include, at a minimum, the

13 funding baseline and milestone schedule for each

14 system covered by such a certification and confirma15 tion that the following steps have been taken with

16 respect to the system:

17 (A) Business process reengineering.

18 (B) An analysis of alternatives.

19 (C) An economic analysis that includes a

20 calculation of the return on investment.

21 (D) Performance measures.

22 (E) An information assurance strategy

23 consistent with the Department’s Global Infor24 mation Grid.

25 (d) DEFINITIONS.—For purposes of this section:
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1 (1) The term ‘‘Chief Information Officer’’

2 means the senior official of the Department of De3 fense designated by the Secretary of Defense pursu4 ant to section 3506 of title 44, United States Code.

5 (2) The term ‘‘information technology system’’

6 has the meaning given the term ‘‘information tech7 nology’’ in section 5002 of the Clinger-Cohen Act of

8 1996 (40 U.S.C. 1401).

9 SEC. 8085. During the current fiscal year, none of

10 the funds available to the Department of Defense may be

11 used to provide support to another department or agency

12 of the United States if such department or agency is more

13 than 90 days in arrears in making payment to the Depart14 ment of Defense for goods or services previously provided

15 to such department or agency on a reimbursable basis:

16 Provided, That this restriction shall not apply if the de17 partment is authorized by law to provide support to such

18 department or agency on a nonreimbursable basis, and is

19 providing the requested support pursuant to such author20 ity: Provided further, That the Secretary of Defense may

21 waive this restriction on a case-by-case basis by certifying

22 in writing to the Committees on Appropriations of the

23 House of Representatives and the Senate that it is in the

24 national security interest to do so.
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1 SEC. 8086. None of the funds provided in this Act

2 may be used to transfer to any nongovernmental entity

3 ammunition held by the Department of Defense that has

4 a center-fire cartridge and a United States military no5 menclature designation of ‘‘armor penetrator’’, ‘‘armor

6 piercing (AP)’’, ‘‘armor piercing incendiary (API)’’, or

7 ‘‘armor-piercing incendiary-tracer (API–T)’’, except to an

8 entity performing demilitarization services for the Depart9 ment of Defense under a contract that requires the entity

10 to demonstrate to the satisfaction of the Department of

11 Defense that armor piercing projectiles are either: (1) ren12 dered incapable of reuse by the demilitarization process;

13 or (2) used to manufacture ammunition pursuant to a con14 tract with the Department of Defense or the manufacture

15 of ammunition for export pursuant to a License for Per16 manent Export of Unclassified Military Articles issued by

17 the Department of State.

18 SEC. 8087. Notwithstanding any other provision of

19 law, the Chief of the National Guard Bureau, or his des20 ignee, may waive payment of all or part of the consider21 ation that otherwise would be required under 10 U.S.C.

22 2667, in the case of a lease of personal property for a

23 period not in excess of 1 year to any organization specified

24 in 32 U.S.C. 508(d), or any other youth, social, or fra25 ternal non-profit organization as may be approved by the
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1 Chief of the National Guard Bureau, or his designee, on

2 a case-by-case basis.

3 SEC. 8088. None of the funds appropriated by this

4 Act shall be used for the support of any nonappropriated

5 funds activity of the Department of Defense that procures

6 malt beverages and wine with nonappropriated funds for

7 resale (including such alcoholic beverages sold by the

8 drink) on a military installation located in the United

9 States unless such malt beverages and wine are procured

10 within that State, or in the case of the District of Colum11 bia, within the District of Columbia, in which the military

12 installation is located: Provided, That in a case in which

13 the military installation is located in more than one State,

14 purchases may be made in any State in which the installa15 tion is located: Provided further, That such local procure16 ment requirements for malt beverages and wine shall

17 apply to all alcoholic beverages only for military installa18 tions in States which are not contiguous with another

19 State: Provided further, That alcoholic beverages other

20 than wine and malt beverages, in contiguous States and

21 the District of Columbia shall be procured from the most

22 competitive source, price and other factors considered.

23 SEC. 8089. (a) The Department of Defense is author24 ized to enter into agreements with the Department of Vet25 erans Affairs and federally-funded health agencies pro-
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1 viding services to Native Hawaiians for the purpose of es2 tablishing a partnership similar to the Alaska Federal

3 Health Care Partnership, in order to maximize Federal

4 resources in the provision of health care services by feder5 ally-funded health agencies, applying telemedicine tech6 nologies. For the purpose of this partnership, Native Ha7 waiians shall have the same status as other Native Ameri8 cans who are eligible for the health care services provided

9 by the Indian Health Service.

10 (b) The Department of Defense is authorized to de11 velop a consultation policy, consistent with Executive

12 Order No. 13084 (issued May 14, 1998), with Native Ha13 waiians for the purpose of assuring maximum Native Ha14 waiian participation in the direction and administration of

15 governmental services so as to render those services more

16 responsive to the needs of the Native Hawaiian commu17 nity.

18 (c) For purposes of this section, the term ‘‘Native

19 Hawaiian’’ means any individual who is a descendant of

20 the aboriginal people who, prior to 1778, occupied and ex21 ercised sovereignty in the area that now comprises the

22 State of Hawaii.

23 SEC. 8090. Funds available to the Department of De24 fense for the Global Positioning System during the current

25 fiscal year may be used to fund civil requirements associ-
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1 ated with the satellite and ground control segments of

2 such system’s modernization program.

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 8091. Of the amounts appropriated in this Act

5 under the heading, ‘‘Research, Development, Test and

6 Evaluation, Defense-Wide’’, $48,000,000 shall remain

7 available until expended: Provided, That notwithstanding

8 any other provision of law, the Secretary of Defense is

9 authorized to transfer such funds to other activities of the

10 Federal Government: Provided further, That of the

11 amounts made available under the heading ‘‘Operation

12 and Maintenance, Army’’, up to $177,000,000 shall re13 main available until expended, and is available for the ac14 quisition of real property, construction, personal services,

15 and operations, for certain classified activities, and may

16 be transferred to other appropriations accounts of the De17 partment of Defense, and notwithstanding any other pro18 vision of law, such funds may be obligated to carry out

19 projects not otherwise authorized by law: Provided further,

20 That any funds transferred shall be merged with and

21 made available for the same time period and for the same

22 purposes as the appropriations to which transferred: Pro23 vided further, That the transfer authority provided in this

24 paragraph is in addition to any other transfer authority

25 provided to the Department of Defense.
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1 SEC. 8092. Section 8106 of the Department of De2 fense Appropriations Act, 1997 (titles I through VIII of

3 the matter under subsection 101(b) of Public Law 104–

4 208; 110 Stat. 3009–111; 10 U.S.C. 113 note) shall con5 tinue in effect to apply to disbursements that are made

6 by the Department of Defense in fiscal year 2004.

7 SEC. 8093. In addition to amounts provided in this

8 Act, $2,000,000 is hereby appropriated for ‘‘Defense

9 Health Program’’, to remain available for obligation until

10 expended: Provided, That notwithstanding any other pro11 vision of law, these funds shall be available only for a

12 grant to the Fisher House Foundation, Inc., only for the

13 construction and furnishing of additional Fisher Houses

14 to meet the needs of military family members when con15 fronted with the illness or hospitalization of an eligible

16 military beneficiary.

17 SEC. 8094. Amounts appropriated in title II are here18 by reduced by $172,500,000 to reflect savings attributable

19 to improvements in the management of professional sup20 port services, surveys and analysis, and engineering and

21 technical support contracted by the military departments,

22 as follows:

23 (1) From ‘‘Operation and Maintenance, Army’’,

24 $21,500,000.
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1 (2) From ‘‘Operation and Maintenance, Navy’’,

2 $34,400,000.

3 (3) From ‘‘Operation and Maintenance, Marine

4 Corps’’, $4,300,000.

5 (4) From ‘‘Operation and Maintenance, Air

6 Force’’, $21,300,000.

7 (5) From ‘‘Operation and Maintenance, De8 fense-Wide’’, $91,000,000.

9 (INCLUDING TRANSFER OF FUNDS)

10 SEC. 8095. Of the amounts appropriated in this Act

11 under the heading ‘‘Shipbuilding and Conversion, Navy’’,

12 $899,502,000 shall be available until September 30, 2004,

13 to fund prior year shipbuilding cost increases: Provided,

14 That upon enactment of this Act, the Secretary of the

15 Navy shall transfer such funds to the following appropria16 tions in the amounts specified: Provided further, That the

17 amounts transferred shall be merged with and be available

18 for the same purposes as the appropriations to which

19 transferred:

20 To:

21 Under the heading, ‘‘Shipbuilding and Conver22 sion, Navy, 1996/04’’:

23 LPD–17 Amphibious Transport Dock Ship

24 Program, $150,300,000;

25 Under the heading, ‘‘Shipbuilding and Conver26 sion, Navy, 1998/04’’:
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1 New SSN, $81,060,000;

2 Under the heading, ‘‘Shipbuilding and Conver3 sion, Navy, 1999/04’’:

4 DDG–51 Destroyer Program,

5 $44,420,000;

6 New SSN, $166,978,000;

7 LPD–17 Amphibious Transport Dock Ship

8 Program $86,821,000;

9 Under the heading, ‘‘Shipbuilding and Conver10 sion, Navy, 2000/04’’:

11 DDG–51 Destroyer Program,

12 $69,460,000;

13 LPD–17 Amphibious Transport Dock Ship

14 Program $112,778,000; and

15 Under the heading, ‘‘Shipbuilding and Conver16 sion, Navy, 2001/04’’:

17 DDG–51 Destroyer Program,

18 $90,313,000; and

19 New SSN, $97,372,000.

20 SEC. 8096. The Secretary of the Navy may settle,

21 or compromise, and pay any and all admiralty claims

22 under 10 U.S.C. 7622 arising out of the collision involving

23 the U.S.S. GREENEVILLE and the EHIME MARU, in

24 any amount and without regard to the monetary limita25 tions in subsections (a) and (b) of that section: Provided,
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1 That such payments shall be made from funds available

2 to the Department of the Navy for operation and mainte3 nance.

4 SEC. 8097. Notwithstanding any other provision of

5 law or regulation, the Secretary of Defense may exercise

6 the provisions of 38 U.S.C. 7403(g) for occupations listed

7 in 38 U.S.C. 7403(a)(2) as well as the following:

8 Pharmacists, Audiologists, and Dental Hygien9 ists.

10 (A) The requirements of 38 U.S.C.

11 7403(g)(1)(A) shall apply.

12 (B) The limitations of 38 U.S.C.

13 7403(g)(1)(B) shall not apply.

14 SEC. 8098. Funds appropriated by this Act, or made

15 available by the transfer of funds in this Act, for intel16 ligence activities are deemed to be specifically authorized

17 by the Congress for purposes of section 504 of the Na18 tional Security Act of 1947 (50 U.S.C. 414) during fiscal

19 year 2004 until the enactment of the Intelligence Author20 ization Act for fiscal year 2004.

21 SEC. 8099. The total amount appropriated in title II

22 is hereby reduced by $320,000,000 to reduce cost growth

23 in information technology development, to be derived as

24 follows:
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1 (1) From ‘‘Operation and Maintenance, Army’’,

2 $60,000,000.

3 (2) From ‘‘Operation and Maintenance, Navy’’,

4 $100,000,000.

5 (3) From ‘‘Operation and Maintenance, Air

6 Force’’, $100,000,000.

7 (4) From ‘‘Operation and Maintenance, De8 fense-Wide’’, $60,000,000.

9 SEC. 8100. None of the funds in this Act may be

10 used to initiate a new start program without prior notifica11 tion to the Office of Secretary of Defense and the congres12 sional defense committees.

13 SEC. 8101. The amounts appropriated in title II are

14 hereby reduced by $539,000,000 to reflect cash balance

15 and rate stabilization adjustments in Department of De16 fense Working Capital Funds, as follows:

17 (1) From ‘‘Operation and Maintenance, Army’’,

18 $107,000,000.

19 (2) From ‘‘Operation and Maintenance, Navy’’,

20 $45,000,000.

21 (3) From ‘‘Operation and Maintenance, Air

22 Force’’, $387,000,000.

23 SEC. 8102. The amount appropriated in title II for

24 ‘‘Operation and Maintenance, Navy’’ is hereby reduced by

25 $96,000,000 to reduce excess funded carryover.
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1 SEC. 8103. (a) In addition to the amounts provided

2 elsewhere in this Act, the amount of $5,500,000 is hereby

3 appropriated to the Department of Defense for ‘‘Oper4 ation and Maintenance, Army National Guard’’. Such

5 amount shall be made available to the Secretary of the

6 Army only to make a grant in the amount of $5,500,000

7 to the entity specified in subsection (b) to facilitate access

8 by veterans to opportunities for skilled employment in the

9 construction industry.

10 (b) The entity referred to in subsection (a) is the

11 Center for Military Recruitment, Assessment and Vet12 erans Employment, a nonprofit labor-management co-op13 eration committee provided for by section 302(c)(9) of the

14 Labor-Management Relations Act, 1947 (29 U.S.C.

15 186(c)(9)), for the purposes set forth in section 6(b) of

16 the Labor Management Cooperation Act of 1978 (29

17 U.S.C. 175a note).

18 SEC. 8104. (a) During the current fiscal year and

19 hereafter, funds available to the Secretary of a military

20 department for Operation and Maintenance may be used

21 for the purposes stated in subsection (b) to support chap22 lain-led programs to assist members of the Armed Forces

23 and their immediate family members in building and

24 maintaining a strong family structure.
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1 (b) The purposes referred to in subsection (a) are

2 costs of transportation, food, lodging, supplies, fees, and

3 training materials for members of the Armed Forces and

4 their family members while participating in such pro5 grams, including participation at retreats and conferences.

6 SEC. 8105. FINANCING AND FIELDING OF KEY ARMY

7 CAPABILITIES.—The Department of Defense and the De8 partment of the Army shall make future budgetary and

9 programming plans to fully finance the Non-Line of Sight

10 (NLOS) Objective Force cannon and resupply vehicle pro11 gram in order to field this system in the 2008 timeframe.

12 As an interim capability to enhance Army lethality, surviv13 ability, and mobility for light and medium forces before

14 complete fielding of the Objective Force, the Army shall

15 ensure that budgetary and programmatic plans will pro16 vide for no fewer than six Stryker Brigade Combat Teams

17 to be fielded between 2003 and 2008.

18 SEC. 8106. (a) MANAGEMENT OF CHEMICAL DEMILI19 TARIZATION ACTIVITIES AT BLUEGRASS ARMY DEPOT,

20 KENTUCKY.—If a technology other than the baseline in21 cineration program is selected for the destruction of lethal

22 chemical munitions pursuant to section 142 of the Strom

23 Thurmond National Defense Authorization Act for Fiscal

24 Year 1999 (Public Law 105–261; 50 U.S.C. 1521 note),

25 the program manager for the Assembled Chemical Weap-
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1 ons Assessment shall be responsible for management of

2 the construction, operation, and closure, and any con3 tracting relating thereto, of chemical demilitarization ac4 tivities at Bluegrass Army Depot, Kentucky, including

5 management of the pilot-scale facility phase of the alter6 native technology.

7 (b) MANAGEMENT OF CHEMICAL DEMILITARIZATION

8 ACTIVITIES AT PUEBLO DEPOT, COLORADO.—The pro9 gram manager for the Assembled Chemical Weapons As10 sessment shall be responsible for management of the con11 struction, operation, and closure, and any contracting re12 lating thereto, of chemical demilitarization activities at

13 Pueblo Army Depot, Colorado, including management of

14 the pilot-scale facility phase of the alternative technology

15 selected for the destruction of lethal chemical munitions.

16 SEC. 8107. In addition to the amounts appropriated

17 or otherwise made available in this Act, $6,500,000, to

18 remain available until September 30, 2004, is hereby ap19 propriated to the Department of Defense: Provided, That

20 the Secretary of Defense shall make grants in the amount

21 of $4,000,000 to the American Red Cross for Armed

22 Forces Emergency Services; and $2,500,000 to the In23 trepid Sea-Air-Space Foundation.

24 SEC. 8108. None of the funds appropriated in this

25 Act under the heading ‘‘Overseas Contingency Operations
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1 Transfer Fund’’ may be transferred or obligated for De2 partment of Defense expenses not directly related to the

3 conduct of overseas contingencies: Provided, That the Sec4 retary of Defense shall submit a report no later than 30

5 days after the end of each fiscal quarter to the Committees

6 on Appropriations of the Senate and House of Representa7 tives that details any transfer of funds from the ‘‘Overseas

8 Contingency Operations Transfer Fund’’: Provided fur9 ther, That the report shall explain any transfer for the

10 maintenance of real property, pay of civilian personnel,

11 base operations support, and weapon, vehicle or equipment

12 maintenance.

13 SEC. 8109. For purposes of section 1553(b) of title

14 31, United States Code, any subdivision of appropriations

15 made in this Act under the heading ‘‘Shipbuilding and

16 Conversion, Navy’’ shall be considered to be for the same

17 purpose as any subdivision under the heading ‘‘Ship18 building and Conversion, Navy’’ appropriations in any

19 prior fiscal year, and the 1 percent limitation shall apply

20 to the total amount of the appropriation.

21 SEC. 8110. None of the funds in this Act may be

22 used for research, development, test, evaluation, procure23 ment or deployment of nuclear armed interceptors of a

24 missile defense system.
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1 SEC. 8111. Notwithstanding section 2465 of title 10

2 U.S.C., the Secretary of the Navy may use funds appro3 priated in title II of this Act under the heading, ‘‘Oper4 ation and Maintenance, Navy’’, to liquidate the expenses

5 incurred for private security guard services performed at

6 the Naval Support Unit, Saratoga Springs, New York by

7 Burns International Security Services, Albany, New York

8 in the amount of $29,323.35, plus accrued interest, if any.

9 SEC. 8112. Of the amounts provided in title II of this

10 Act under the heading, ‘‘Operation and Maintenance, De11 fense-Wide’’, $20,000,000 is available for the Regional

12 Defense Counter-terrorism Fellowship Program, to fund

13 the education and training of foreign military officers,

14 ministry of defense civilians, and other foreign security of15 ficials, to include United States military officers and civil16 ian officials whose participation directly contributes to the

17 education and training of these foreign students.

18 SEC. 8113. (a) EXCHANGE REQUIRED.—In exchange

19 for the private property described in subsection (b), the

20 Secretary of the Interior shall convey to the Veterans

21 Home of California—Barstow, Veterans of Foreign Wars

22 Post #385E (in this section referred to as the ‘‘recipi23 ent’’), all right, title, and interest of the United States

24 in and to a parcel of real property consisting of approxi25 mately one acre in the Mojave National Preserve and des-
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1 ignated (by section 8137 of the Department of Defense

2 Appropriations Act, 2002 (Public Law 107–117; 115 Stat.

3 2278)) as a national memorial commemorating United

4 States participation in World War I and honoring the

5 American veterans of that war. Notwithstanding the con6 veyance of the property under this subsection, the Sec7 retary shall continue to carry out the responsibilities of

8 the Secretary under such section 8137.

9 (b) CONSIDERATION.—As consideration for the prop10 erty to be conveyed by the Secretary under subsection (a),

11 Mr. and Mrs. Henry Sandoz of Mountain Pass, California,

12 have agreed to convey to the Secretary a parcel of real

13 property consisting of approximately five acres, identified

as parcel APN 569–051–44, and located in the west 1 14 ⁄2

of the northeast 1⁄4 of the northwest 1 15 ⁄4 of the northwest

1 16 ⁄4 of section 11, township 14 north, range 15 east, San

17 Bernardino base and meridian.

18 (c) EQUAL VALUE EXCHANGE; APPRAISAL.—The

19 values of the properties to be exchanged under this section

20 shall be equal or equalized as provided in subsection (d).

21 The value of the properties shall be determined through

22 an appraisal performed by a qualified appraiser in con23 formance with the Uniform Appraisal Standards for Fed24 eral Land Acquisitions (Department of Justice, December

25 2000).
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1 (d) CASH EQUALIZATION.—Any difference in the

2 value of the properties to be exchanged under this section

3 shall be equalized through the making of a cash equali4 zation payment. The Secretary shall deposit any cash

5 equalization payment received by the Secretary under this

6 subsection in the Land and Water Conservation Fund.

7 (e) REVERSIONARY CLAUSE.—The conveyance under

8 subsection (a) shall be subject to the condition that the

9 recipient maintain the conveyed property as a memorial

10 commemorating United States participation in World War

11 I and honoring the American veterans of that war. If the

12 Secretary determines that the conveyed property is no

13 longer being maintained as a war memorial, the property

14 shall revert to the ownership of the United States.

15 (f) BOUNDARY ADJUSTMENT; ADMINISTRATION OF

16 ACQUIRED LAND.—The boundaries of the Mojave Na17 tional Preserve shall be adjusted to reflect the land ex18 change required by this section. The property acquired by

19 the Secretary under this section shall become part of the

20 Mojave National Preserve and be administered in accord21 ance with the laws, rules, and regulations generally appli22 cable to the Mojave National Preserve.

23 SEC. 8114. None of the funds appropriated or made

24 available in this Act shall be used to reduce or disestablish

25 the operation of the 53d Weather Reconnaissance Squad-
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1 ron of the Air Force Reserve, if such action would reduce

2 the WC–130 Weather Reconnaissance mission below the

3 levels funded in this Act.

4 SEC. 8115. The Secretary of the Air Force shall con5 vey, without consideration, to the Inland Valley Develop6 ment Agency all right, title, and interest of the United

7 States in and to certain parcels of real property, including

8 improvements thereon, located in San Bernardino, Cali9 fornia, that consist of approximately 39 acres and are

10 leased, as of June 1, 2003, by the Secretary to the De11 fense Finance and Accounting Service. The conveyance

12 shall be subject to the condition that the Inland Valley

13 Development Agency and the Director of the Defense Fi14 nance and Accounting Service enter into a lease-back

15 agreement, acceptable to the Director, for premises re16 quired by the Director for support operations conducted

17 by the Defense Finance and Accounting Service.

18 SEC. 8116. Notwithstanding the provisions of section

19 2401 of title 10, United States Code, the Secretary of the

20 Navy is authorized to enter into a contract for the charter

21 for a period through fiscal year 2008, of the vessel, RV

22 CORY CHOUEST (United States Official Number

23 933435) in support of the Surveillance Towed Array Sen24 sor (SURTASS) program: Provided, That funding for this
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1 lease shall be from within funds provided in this Act and

2 future appropriations Acts.

3 SEC. 8117. In addition to the amounts appropriated

4 or otherwise made available elsewhere in this Act, and not5 withstanding any other provision of law, $20,000,000 is

6 hereby appropriated to ‘‘Operation and Maintenance,

7 Army’’, to remain available until September 30, 2004, to

8 be available only for a grant in the amount of $20,000,000

9 to the Silver Valley Unified School District, Silver Valley,

10 California, for the purpose of school construction at Fort

11 Irwin, California.

12 SEC. 8118. Amounts appropriated in title II are here13 by reduced by $294,000,000 to reflect savings attributable

14 to efficiencies and management improvements in the fund15 ing of miscellaneous or other contracts in the military de16 partments, as follows:

17 (1) From ‘‘Operation and Maintenance, Army,’’

18 $27,000,000;

19 (2) From ‘‘Operation and Maintenance, Navy,’’

20 $50,000,000; and

21 (3) From ‘‘Operation and Maintenance, Air

22 Force’’, $217,000,000.

23 SEC. 8119. The amount appropriated in title II for

24 ‘‘Operation and Maintenance, Air Force’’ is hereby re25 duced by $600,000,000 to reflect cash balance and rate
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1 stabilization adjustments in the Department of Defense

2 Transportation Working Capital Fund.

3 (RESCISSION)

4 SEC. 8120. Of the funds made available in chapter

5 3 of title I of the Emergency Wartime Supplemental Ap6 propriations Act, 2003 (Public Law 108–11), under the

7 heading ‘‘Iraq Freedom Fund’’ (117 Stat. 563),

8 $2,000,000,000 is hereby rescinded.

9 SEC. 8121. Of the total amount appropriated by this

10 Act under the heading ‘‘Operation and Maintenance, De11 fense-Wide’’ to provide assistance to local educational

12 agencies for children of members of the Armed Forces and

13 Department of Defense civilian employees with severe dis14 abilities, the Secretary of Defense may use up to $855,566

15 to make additional payment under section 363 of the

16 Floyd D. Spence National Defense Authorization Act for

17 Fiscal Year 2001 (20 U.S.C. 7703(a)) to those local edu18 cational agencies whose percentage reduction in the pay19 ment amount for fiscal year 2002 was in excess of the

20 reduction otherwise imposed under subsection (d) of such

21 section for that fiscal year. The Secretary of Defense may

22 waive collection of any overpayment made to local edu23 cational agencies under such section for fiscal year 2002.

24 (INCLUDING TRANSFER OF FUNDS)

25 SEC. 8122. None of the funds made available in this

26 Act may be transferred to any department, agency, or in-
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1 strumentality of the United States Government, except

2 pursuant to a transfer made by, or transfer authority pro3 vided in, this Act or any other appropriations Act.

4 SEC. 8123. None of the funds appropriated or other5 wise made available by this Act may be used to implement

6 any amendment or revision of, or cancel, the Department

7 of Defense Directive 1344.7, ‘‘Personal Commercial Solici8 tation on DoD Installations’’, until 90 days following the

9 date the Secretary of Defense submits to Congress notice

10 of the amendment, revision or cancellation, and the rea11 sons therefore.

12 SEC. 8124. LIMITATION ON DEPLOYMENT OF TER13 RORISM INFORMATION AWARENESS PROGRAM.—

14 (1) Notwithstanding any other provision of law

15 and except as provided in paragraph (2), if and

16 when research and development on the Terrorism

17 Information Awareness program (formerly known as

18 the Total Information Awareness program), or any

19 component of such program, permits the deployment

20 or implementation of such program or component,

21 no department, agency, or element of the Federal

22 Government may deploy or implement such program

23 or component, or transfer such program or compo24 nent to another department, agency, or element of
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1 the Federal Government, until the Secretary of

2 Defense—

3 (A) notifies Congress of that development,

4 including a specific and detailed description

5 of—

6 (i) each element or component of such

7 program intended to be deployed or imple8 mented; and

9 (ii) the method and scope of the in10 tended deployment or implementation of

11 such program or component (including the

12 data or information to be accessed or

13 used); and

14 (B) has received specific authorization by

15 law from Congress for the deployment or imple16 mentation of such program or component,

17 including—

18 (i) a specific authorization by law for

19 the deployment or implementation of such

20 program or component; and

21 (ii) a specific appropriation by law of

22 funds for the deployment or implementa23 tion of such program or component.

24 (2) The limitation in paragraph (1) shall not

25 apply with respect to the deployment or implementa-
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1 tion of the Terrorism Information Awareness pro2 gram, or a component of such program, in support

3 of the following:

4 (A) Lawful military operations of the

5 United States conducted outside the United

6 States.

7 (B) Lawful foreign intelligence activities

8 conducted wholly overseas, or wholly against

9 non-United States citizens.

10 SEC. 8125. (a) CLOSURE OF NAVAL STATION ROO11 SEVELT ROADS, PUERTO RICO.—Notwithstanding any

12 other provision of law, the Secretary of the Navy shall

13 close Naval Station Roosevelt Roads, Puerto Rico, no later

14 than six months after enactment of this Act.

15 (b) DISPOSAL.—

16 (1) The Secretary of the Navy shall exercise the

17 authority granted to the Administrator of the Gen18 eral Services pursuant to section 545 of title 40 and

19 dispose of the real property and associated personal

20 property at the former Naval Station by public sale.

21 (2) The Secretary of the Navy may transfer ex22 cess personal property or dispose of surplus personal

23 property located at the installation pursuant to the

24 Federal Property and Administrative Services Act of

25 1949 (40 U.S.C. 521 et seq.).
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1 (c) The Secretary of the Navy may use funds in the

2 Department of Defense Base Closure Account established

3 by section 2906 of the Defense Base Closure and Realign4 ment Act of 1990, Public Law 101–510 to implement the

5 closure.

6 (d) There shall be deposited into the Account referred

7 to in subsection (c) the proceeds of sale from the disposal

8 of property authorized by subsection (b) for the benefit

9 of the Department of the Navy.

10 SEC. 8126. In addition to amounts provided else11 where in this Act, the following amounts shall be made

12 available for the purposes specified.

13 (1) The amount of $5,000,000 is hereby appro14 priated for ‘‘Operation and Maintenance, Army Na15 tional Guard’’, for the nationwide dedicated fiber

16 optic network program.

17 (2) The amount of $14,000,000 is hereby ap18 propriated for ‘‘Procurement, Marine Corps’’, of

19 which $9,600,000 is for the AN/PRC-148 tactical

20 handheld radio, and $4,400,000 is for combat cas21 ualty care equipment.

22 (3) The amount of $5,000,000 is hereby appro23 priated for ‘‘Research, Development, Test and Eval24 uation, Air Force’’, for low emission/efficient hybrid

25 aviation refueling truck propulsion.
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1 (4) The amount of $5,000,000 is hereby appro2 priated for ‘‘Research, Development, Test and Eval3 uation, Defense-Wide’’, for development of novel

4 pharmaceuticals for anthrax.

5 This Act may be cited as the ‘‘Department of Defense

6 Appropriations Act, 2004’’.

Passed the House of Representatives July 8, 2003.

Attest:

Clerk.