In the Senate of the United States,

July 17, 2003.

Resolved, That the bill from the House of Representatives (H.R. 2658) entitled ‘‘An Act to making appropriations

for the Department of Defense for the fiscal year ending September 30, 2004, and for other purposes.’’, do pass with the

following

AMENDMENT:

Strike out all after the enacting clause and insert:

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:
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1 TITLE I

2 MILITARY PERSONNEL

3 MILITARY PERSONNEL, ARMY

4 For pay, allowances, individual clothing, subsistence,

5 interest on deposits, gratuities, permanent change of station

6 travel (including all expenses thereof for organizational

7 movements), and expenses of temporary duty travel between

8 permanent duty stations, for members of the Army on active

9 duty (except members of reserve components provided for

10 elsewhere), cadets, and aviation cadets; and for payments

11 pursuant to section 156 of Public Law 97–377, as amended

12 (42 U.S.C. 402 note), and to the Department of Defense

13 Military Retirement Fund, $28,282,764,000.

14 MILITARY PERSONNEL, NAVY

15 For pay, allowances, individual clothing, subsistence,

16 interest on deposits, gratuities, permanent change of station

17 travel (including all expenses thereof for organizational

18 movements), and expenses of temporary duty travel between

19 permanent duty stations, for members of the Navy on active

20 duty (except members of the Reserve provided for elsewhere),

21 midshipmen, and aviation cadets; and for payments pursu22 ant to section 156 of Public Law 97–377, as amended (42

23 U.S.C. 402 note), and to the Department of Defense Mili24 tary Retirement Fund, $23,309,791,000.
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1 MILITARY PERSONNEL, MARINE CORPS

2 For pay, allowances, individual clothing, subsistence,

3 interest on deposits, gratuities, permanent change of station

4 travel (including all expenses thereof for organizational

5 movements), and expenses of temporary duty travel between

6 permanent duty stations, for members of the Marine Corps

7 on active duty (except members of the Reserve provided for

8 elsewhere); and for payments pursuant to section 156 of

9 Public Law 97–377, as amended (42 U.S.C. 402 note), and

10 to the Department of Defense Military Retirement Fund,

11 $8,994,426,000.

12 MILITARY PERSONNEL, AIR FORCE

13 For pay, allowances, individual clothing, subsistence,

14 interest on deposits, gratuities, permanent change of station

15 travel (including all expenses thereof for organizational

16 movements), and expenses of temporary duty travel between

17 permanent duty stations, for members of the Air Force on

18 active duty (except members of reserve components provided

19 for elsewhere), cadets, and aviation cadets; and for pay20 ments pursuant to section 156 of Public Law 97–377, as

21 amended (42 U.S.C. 402 note), and to the Department of

22 Defense Military Retirement Fund, $22,993,072,000.

23 RESERVE PERSONNEL, ARMY

24 For pay, allowances, clothing, subsistence, gratuities,

25 travel, and related expenses for personnel of the Army Re-
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1 serve on active duty under sections 10211, 10302, and 3038

2 of title 10, United States Code, or while serving on active

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

4 in connection with performing duty specified in section

5 12310(a) of title 10, United States Code, or while under6 going reserve training, or while performing drills or equiva7 lent duty or other duty, and for members of the Reserve

8 Officers’ Training Corps, and expenses authorized by sec9 tion 16131 of title 10, United States Code; and for pay10 ments to the Department of Defense Military Retirement

11 Fund, $3,584,735,000.

12 RESERVE PERSONNEL, NAVY

13 For pay, allowances, clothing, subsistence, gratuities,

14 travel, and related expenses for personnel of the Navy Re15 serve on active duty under section 10211 of title 10, United

16 States Code, or while serving on active duty under section

17 12301(d) of title 10, United States Code, in connection with

18 performing duty specified in section 12310(a) of title 10,

19 United States Code, or while undergoing reserve training,

20 or while performing drills or equivalent duty, and for mem21 bers of the Reserve Officers’ Training Corps, and expenses

22 authorized by section 16131 of title 10, United States Code;

23 and for payments to the Department of Defense Military

24 Retirement Fund, $2,027,945,000.
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1 RESERVE PERSONNEL, MARINE CORPS

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

3 travel, and related expenses for personnel of the Marine

4 Corps Reserve on active duty under section 10211 of title

5 10, United States Code, or while serving on active duty

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

7 connection with performing duty specified in section

8 12310(a) of title 10, United States Code, or while under9 going reserve training, or while performing drills or equiva10 lent duty, and for members of the Marine Corps platoon

11 leaders class, and expenses authorized by section 16131 of

12 title 10, United States Code; and for payments to the De13 partment of Defense Military Retirement Fund,

14 $587,619,000.

15 RESERVE PERSONNEL, AIR FORCE

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

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

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

19 8038 of title 10, United States Code, or while serving on

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

21 Code, in connection with performing duty specified in sec22 tion 12310(a) of title 10, United States Code, or while un23 dergoing reserve training, or while performing drills or

24 equivalent duty or other duty, and for members of the Air

25 Reserve Officers’ Training Corps, and expenses authorized
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1 by section 16131 of title 10, United States Code; and for

2 payments to the Department of Defense Military Retire3 ment Fund, $1,332,301,000.

4 NATIONAL GUARD PERSONNEL, ARMY

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

6 travel, and related expenses for personnel of the Army Na7 tional Guard while on duty under section 10211, 10302,

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

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

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

11 in connection with performing duty specified in section

12 12310(a) of title 10, United States Code, or while under13 going training, or while performing drills or equivalent

14 duty or other duty, and expenses authorized by section

15 16131 of title 10, United States Code; and for payments

16 to the Department of Defense Military Retirement Fund,

17 $5,598,504,000.

18 NATIONAL GUARD PERSONNEL, AIR FORCE

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

20 travel, and related expenses for personnel of the Air Na21 tional Guard on duty under section 10211, 10305, or 12402

22 of title 10 or section 708 of title 32, United States Code,

23 or while serving on duty under section 12301(d) of title 10

24 or section 502(f) of title 32, United States Code, in connec25 tion with performing duty specified in section 12310(a) of
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1 title 10, United States Code, or while undergoing training,

2 or while performing drills or equivalent duty or other duty,

3 and expenses authorized by section 16131 of title 10, United

4 States Code; and for payments to the Department of Defense

5 Military Retirement Fund, $2,228,830,000.

6 TITLE II

7 OPERATION AND MAINTENANCE

8 OPERATION AND MAINTENANCE, ARMY

9 (INCLUDING TRANSFER OF FUNDS)

10 For expenses, not otherwise provided for, necessary for

11 the operation and maintenance of the Army, as authorized

12 by law; and not to exceed $11,034,000 can be used for emer13 gencies and extraordinary expenses, to be expended on the

14 approval or authority of the Secretary of the Army, and

15 payments may be made on his certificate of necessity for

16 confidential military purposes, $24,922,949,000: Provided,

17 That of the funds appropriated in this paragraph, not less

18 than $355,000,000 shall be made available only for conven19 tional ammunition care and maintenance.

20 OPERATION AND MAINTENANCE, NAVY

21 For expenses, not otherwise provided for, necessary for

22 the operation and maintenance of the Navy and the Marine

23 Corps, as authorized by law; and not to exceed $4,463,000

24 can be used for emergencies and extraordinary expenses, to

25 be expended on the approval or authority of the Secretary
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1 of the Navy, and payments may be made on his certificate

2 of necessity for confidential military purposes,

3 $28,183,284,000.

4 OPERATION AND MAINTENANCE, MARINE CORPS

5 For expenses, not otherwise provided for, necessary for

6 the operation and maintenance of the Marine Corps, as au7 thorized by law, $3,418,023,000.

8 OPERATION AND MAINTENANCE, AIR FORCE

9 For expenses, not otherwise provided for, necessary for

10 the operation and maintenance of the Air Force, as author11 ized by law; and not to exceed $7,801,000 can be used for

12 emergencies and extraordinary expenses, to be expended on

13 the approval or authority of the Secretary of the Air Force,

14 and payments may be made on his certificate of necessity

15 for confidential military purposes, $26,698,375,000.

16 OPERATION AND MAINTENANCE, DEFENSE-WIDE

17 (INCLUDING TRANSFER OF FUNDS)

18 For expenses, not otherwise provided for, necessary for

19 the operation and maintenance of activities and agencies

20 of the Department of Defense (other than the military de21 partments), as authorized by law, $16,279,006,000, of

22 which not to exceed $35,000,000, may be available for the

23 CINC initiative fund; and of which not to exceed

24 $45,000,000, can be used for emergencies and extraordinary

25 expenses, to be expended on the approval or authority of
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1 the Secretary of Defense, and payments may be made on

2 his certificate of necessity for confidential military pur3 poses: Provided, That none of the funds appropriated or

4 otherwise made available by this Act may be used to plan

5 or implement the consolidation of a budget or appropria6 tions liaison office of the Office of the Secretary of Defense,

7 the office of the Secretary of a military department, or the

8 service headquarters of one of the Armed Forces into a legis9 lative affairs or legislative liaison office: Provided further,

10 That $2,700,000, to remain available until expended, is

11 available only for expenses relating to certain classified ac12 tivities, and may be transferred as necessary by the Sec13 retary to operation and maintenance appropriations or re14 search, development, test and evaluation appropriations, to

15 be merged with and to be available for the same time period

16 as the appropriations to which transferred: Provided fur17 ther, That any ceiling on the investment item unit cost of

18 items that may be purchased with operation and mainte19 nance funds shall not apply to the funds described in the

20 preceding proviso: Provided further, That the transfer au21 thority provided under this heading is in addition to any

22 other transfer authority provided elsewhere in this Act.

23 OPERATION AND MAINTENANCE, ARMY RESERVE

24 For expenses, not otherwise provided for, necessary for

25 the operation and maintenance, including training, organi-
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1 zation, and administration, of the Army Reserve; repair of

2 facilities and equipment; hire of passenger motor vehicles;

3 travel and transportation; care of the dead; recruiting; pro4 curement of services, supplies, and equipment; and commu5 nications, $1,964,009,000.

6 OPERATION AND MAINTENANCE, NAVY RESERVE

7 For expenses, not otherwise provided for, necessary for

8 the operation and maintenance, including training, organi9 zation, and administration, of the Navy Reserve; repair of

10 facilities and equipment; hire of passenger motor vehicles;

11 travel and transportation; care of the dead; recruiting; pro12 curement of services, supplies, and equipment; and commu13 nications, $1,172,921,000.

14 OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

15 For expenses, not otherwise provided for, necessary for

16 the operation and maintenance, including training, organi17 zation, and administration, of the Marine Corps Reserve;

18 repair of facilities and equipment; hire of passenger motor

19 vehicles; travel and transportation; care of the dead; recruit20 ing; procurement of services, supplies, and equipment; and

21 communications, $173,952,000.

22 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

23 For expenses, not otherwise provided for, necessary for

24 the operation and maintenance, including training, organi25 zation, and administration, of the Air Force Reserve; repair
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1 of facilities and equipment; hire of passenger motor vehicles;

2 travel and transportation; care of the dead; recruiting; pro3 curement of services, supplies, and equipment; and commu4 nications, $2,179,188,000.

5 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

6 For expenses of training, organizing, and admin7 istering the Army National Guard, including medical and

8 hospital treatment and related expenses in non-Federal hos9 pitals; maintenance, operation, and repairs to structures

10 and facilities; hire of passenger motor vehicles; personnel

11 services in the National Guard Bureau; travel expenses

12 (other than mileage), as authorized by law for Army per13 sonnel on active duty, for Army National Guard division,

14 regimental, and battalion commanders while inspecting

15 units in compliance with National Guard Bureau regula16 tions when specifically authorized by the Chief, National

17 Guard Bureau; supplying and equipping the Army Na18 tional Guard as authorized by law; and expenses of repair,

19 modification, maintenance, and issue of supplies and

20 equipment (including aircraft), $4,273,131,000.

21 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

22 For operation and maintenance of the Air National

23 Guard, including medical and hospital treatment and re24 lated expenses in non-Federal hospitals; maintenance, oper25 ation, repair, and other necessary expenses of facilities for
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1 the training and administration of the Air National Guard,

2 including repair of facilities, maintenance, operation, and

3 modification of aircraft; transportation of things, hire of

4 passenger motor vehicles; supplies, materials, and equip5 ment, as authorized by law for the Air National Guard;

6 and expenses incident to the maintenance and use of sup7 plies, materials, and equipment, including such as may be

8 furnished from stocks under the control of agencies of the

9 Department of Defense; travel expenses (other than mileage)

10 on the same basis as authorized by law for Air National

11 Guard personnel on active Federal duty, for Air National

12 Guard commanders while inspecting units in compliance

13 with National Guard Bureau regulations when specifically

14 authorized by the Chief, National Guard Bureau,

15 $4,418,616,000.

16 OVERSEAS CONTINGENCY OPERATIONS TRANSFER

17 ACCOUNT

18 (INCLUDING TRANSFER OF FUNDS)

19 For expenses directly relating to Overseas Contingency

20 Operations by United States military forces, $10,000,000,

21 to remain available until expended: Provided, That the Sec22 retary of Defense may transfer these funds only to military

23 personnel accounts; operation and maintenance accounts

24 within this title; the Defense Health Program appropria25 tion; procurement accounts; research, development, test and
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1 evaluation accounts; and to working capital funds: Pro2 vided further, That the funds transferred shall be merged

3 with and shall be available for the same purposes and for

4 the same time period, as the appropriation to which trans5 ferred: Provided further, That upon a determination that

6 all or part of the funds transferred from this appropriation

7 are not necessary for the purposes provided herein, such

8 amounts may be transferred back to this appropriation:

9 Provided further, That the transfer authority provided in

10 this paragraph is in addition to any other transfer author11 ity contained elsewhere in this Act.

12 UNITED STATES COURTSOF APPEALSFOR THE ARMED

13 FORCES

14 For salaries and expenses necessary for the United

15 States Court of Appeals for the Armed Forces, $10,333,000

16 of which not to exceed $2,500 can be used for official rep17 resentation purposes.

18 ENVIRONMENTAL RESTORATION, ARMY

19 (INCLUDING TRANSFER OF FUNDS)

20 For the Department of the Army, $396,018,000, to re21 main available until transferred: Provided, That the Sec22 retary of the Army shall, upon determining that such funds

23 are required for environmental restoration, reduction and

24 recycling of hazardous waste, removal of unsafe buildings

25 and debris of the Department of the Army, or for similar
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1 purposes, transfer the funds made available by this appro2 priation to other appropriations made available to the De3 partment of the Army, to be merged with and to be available

4 for the same purposes and for the same time period as the

5 appropriations to which transferred: Provided further, That

6 upon a determination that all or part of the funds trans7 ferred from this appropriation are not necessary for the

8 purposes provided herein, such amounts may be transferred

9 back to this appropriation.

10 ENVIRONMENTAL RESTORATION, NAVY

11 (INCLUDING TRANSFER OF FUNDS)

12 For the Department of the Navy, $256,153,000, to re13 main available until transferred: Provided, That the Sec14 retary of the Navy shall, upon determining that such funds

15 are required for environmental restoration, reduction and

16 recycling of hazardous waste, removal of unsafe buildings

17 and debris of the Department of the Navy, or for similar

18 purposes, transfer the funds made available by this appro19 priation to other appropriations made available to the De20 partment of the Navy, to be merged with and to be available

21 for the same purposes and for the same time period as the

22 appropriations to which transferred: Provided further, That

23 upon a determination that all or part of the funds trans24 ferred from this appropriation are not necessary for the
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1 purposes provided herein, such amounts may be transferred

2 back to this appropriation.

3 ENVIRONMENTAL RESTORATION, AIR FORCE

4 (INCLUDING TRANSFER OF FUNDS)

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

6 to remain available until transferred: Provided, That the

7 Secretary of the Air Force shall, upon determining that

8 such funds are required for environmental restoration, re9 duction and recycling of hazardous waste, removal of unsafe

10 buildings and debris of the Department of the Air Force,

11 or for similar purposes, transfer the funds made available

12 by this appropriation to other appropriations made avail13 able to the Department of the Air Force, to be merged with

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

15 time period as the appropriations to which transferred:

16 Provided further, That upon a determination that all or

17 part of the funds transferred from this appropriation are

18 not necessary for the purposes provided herein, such

19 amounts may be transferred back to this appropriation.

20 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

21 (INCLUDING TRANSFER OF FUNDS)

22 For the Department of Defense, $24,081,000, to remain

23 available until transferred: Provided, That the Secretary of

24 Defense shall, upon determining that such funds are re25 quired for environmental restoration, reduction and recy-
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1 cling of hazardous waste, removal of unsafe buildings and

2 debris of the Department of Defense, or for similar purposes,

3 transfer the funds made available by this appropriation to

4 other appropriations made available to the Department of

5 Defense, to be merged with and to be available for the same

6 purposes and for the same time period as the appropria7 tions to which transferred: Provided further, That upon a

8 determination that all or part of the funds transferred from

9 this appropriation are not necessary for the purposes pro10 vided herein, such amounts may be transferred back to this

11 appropriation.

12 ENVIRONMENTAL RESTORATION, FORMERLY USED

13 DEFENSE SITES

14 (INCLUDING TRANSFER OF FUNDS)

15 For the Department of the Army, $312,619,000, to re16 main available until transferred: Provided, That the Sec17 retary of the Army shall, upon determining that such funds

18 are required for environmental restoration, reduction and

19 recycling of hazardous waste, removal of unsafe buildings

20 and debris at sites formerly used by the Department of De21 fense, transfer the funds made available by this appropria22 tion to other appropriations made available to the Depart23 ment of the Army, to be merged with and to be available

24 for the same purposes and for the same time period as the

25 appropriations to which transferred: Provided further, That
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1 upon a determination that all or part of the funds trans2 ferred from this appropriation are not necessary for the

3 purposes provided herein, such amounts may be transferred

4 back to this appropriation.

5 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

6 For expenses relating to the Overseas Humanitarian,

7 Disaster, and Civic Aid programs of the Department of De8 fense (consisting of the programs provided under sections

9 401, 402, 404, 2547, and 2561 of title 10, United States

10 Code), $59,000,000, to remain available until September

11 30, 2005.

12 FORMER SOVIET UNION THREAT REDUCTION

13 For assistance to the republics of the former Soviet

14 Union, including assistance provided by contract or by

15 grants, for facilitating the elimination and the safe and se16 cure transportation and storage of nuclear, chemical and

17 other weapons; for establishing programs to prevent the pro18 liferation of weapons, weapons components, and weapon19 related technology and expertise; for programs relating to

20 the training and support of defense and military personnel

21 for demilitarization and protection of weapons, weapons

22 components and weapons technology and expertise, and for

23 defense and military contacts, $450,800,000, to remain

24 available until September 30, 2006: Provided, That of the

25 amounts provided under this heading, $10,000,000 shall be
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1 available only to support the dismantling and disposal of

2 nuclear submarines, submarine reactor components, and

3 warheads in the Russian Far East.

4 TITLE III

5 PROCUREMENT

6 AIRCRAFT PROCUREMENT, ARMY

7 For construction, procurement, production, modifica8 tion, and modernization of aircraft, equipment, including

9 ordnance, ground handling equipment, spare parts, and ac10 cessories therefor; specialized equipment and training de11 vices; expansion of public and private plants, including the

12 land necessary therefor, for the foregoing purposes, and such

13 lands and interests therein, may be acquired, and construc14 tion prosecuted thereon prior to approval of title; and pro15 curement and installation of equipment, appliances, and

16 machine tools in public and private plants; reserve plant

17 and Government and contractor-owned equipment layaway;

18 and other expenses necessary for the foregoing purposes,

19 $2,027,285,000, to remain available for obligation until

20 September 30, 2006.

21 MISSILE PROCUREMENT, ARMY

22 For construction, procurement, production, modifica23 tion, and modernization of missiles, equipment, including

24 ordnance, ground handling equipment, spare parts, and ac25 cessories therefor; specialized equipment and training de-
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1 vices; expansion of public and private plants, including the

2 land necessary therefor, for the foregoing purposes, and such

3 lands and interests therein, may be acquired, and construc4 tion prosecuted thereon prior to approval of title; and pro5 curement and installation of equipment, appliances, and

6 machine tools in public and private plants; reserve plant

7 and Government and contractor-owned equipment layaway;

8 and other expenses necessary for the foregoing purposes,

9 $1,444,462,000, to remain available for obligation until

10 September 30, 2006.

11 PROCUREMENT OF WEAPONSAND TRACKED COMBAT

12 VEHICLES, ARMY

13 For construction, procurement, production, and modi14 fication of weapons and tracked combat vehicles, equipment,

15 including ordnance, spare parts, and accessories therefor;

16 specialized equipment and training devices; expansion of

17 public and private plants, including the land necessary

18 therefor, for the foregoing purposes, and such lands and in19 terests therein, may be acquired, and construction pros20 ecuted thereon prior to approval of title; and procurement

21 and installation of equipment, appliances, and machine

22 tools in public and private plants; reserve plant and Gov23 ernment and contractor-owned equipment layaway; and

24 other expenses necessary for the foregoing purposes,
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1 $1,732,004,000, to remain available for obligation until

2 September 30, 2006.

3 PROCUREMENT OF AMMUNITION, ARMY

4 For construction, procurement, production, and modi5 fication of ammunition, and accessories therefor; specialized

6 equipment and training devices; expansion of public and

7 private plants, including ammunition facilities authorized

8 by section 2854 of title 10, United States Code, and the

9 land necessary therefor, for the foregoing purposes, and such

10 lands and interests therein, may be acquired, and construc11 tion prosecuted thereon prior to approval of title; and pro12 curement and installation of equipment, appliances, and

13 machine tools in public and private plants; reserve plant

14 and Government and contractor-owned equipment layaway;

15 and other expenses necessary for the foregoing purposes,

16 $1,419,759,000, to remain available for obligation until

17 September 30, 2006.

18 OTHER PROCUREMENT, ARMY

19 For construction, procurement, production, and modi20 fication of vehicles, including tactical, support, and non21 tracked combat vehicles; the purchase of passenger motor ve22 hicles for replacement only; and the purchase of 4 vehicles

23 required for physical security of personnel, notwithstanding

24 price limitations applicable to passenger vehicles but not

25 to exceed $180,000 per vehicle; communications and elec-
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1 tronic equipment; other support equipment; spare parts,

2 ordnance, and accessories therefor; specialized equipment

3 and training devices; expansion of public and private

4 plants, including the land necessary therefor, for the fore5 going purposes, and such lands and interests therein, may

6 be acquired, and construction prosecuted thereon prior to

7 approval of title; and procurement and installation of

8 equipment, appliances, and machine tools in public and

9 private plants; reserve plant and Government and con10 tractor-owned equipment layaway; and other expenses nec11 essary for the foregoing purposes, $4,573,902,000, to remain

12 available for obligation until September 30, 2006.

13 AIRCRAFT PROCUREMENT, NAVY

14 For construction, procurement, production, modifica15 tion, and modernization of aircraft, equipment, including

16 ordnance, spare parts, and accessories therefor; specialized

17 equipment; expansion of public and private plants, includ18 ing the land necessary therefor, and such lands and inter19 ests therein, may be acquired, and construction prosecuted

20 thereon prior to approval of title; and procurement and in21 stallation of equipment, appliances, and machine tools in

22 public and private plants; reserve plant and Government

23 and contractor-owned equipment layaway, $9,017,548,000,

24 to remain available for obligation until September 30,

25 2006.
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1 WEAPONS PROCUREMENT, NAVY

2 For construction, procurement, production, modifica3 tion, and modernization of missiles, torpedoes, other weap4 ons, and related support equipment including spare parts,

5 and accessories therefor; expansion of public and private

6 plants, including the land necessary therefor, and such

7 lands and interests therein, may be acquired, and construc8 tion prosecuted thereon prior to approval of title; and pro9 curement and installation of equipment, appliances, and

10 machine tools in public and private plants; reserve plant

11 and Government and contractor-owned equipment layaway,

12 $1,967,934,000, to remain available for obligation until

13 September 30, 2006.

14 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

15 CORPS

16 For construction, procurement, production, and modi17 fication of ammunition, and accessories therefor; specialized

18 equipment and training devices; expansion of public and

19 private plants, including ammunition facilities authorized

20 by section 2854 of title 10, United States Code, and the

21 land necessary therefor, for the foregoing purposes, and such

22 lands and interests therein, may be acquired, and construc23 tion prosecuted thereon prior to approval of title; and pro24 curement and installation of equipment, appliances, and

25 machine tools in public and private plants; reserve plant
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1 and Government and contractor-owned equipment layaway;

2 and other expenses necessary for the foregoing purposes,

3 $924,355,000, to remain available for obligation until Sep4 tember 30, 2006.

5 SHIPBUILDING AND CONVERSION, NAVY

6 For expenses necessary for the construction, acquisi7 tion, or conversion of vessels as authorized by law, includ8 ing armor and armament thereof, plant equipment, appli9 ances, and machine tools and installation thereof in public

10 and private plants; reserve plant and Government and con11 tractor-owned equipment layaway; procurement of critical,

12 long leadtime components and designs for vessels to be con13 structed or converted in the future; and expansion of public

14 and private plants, including land necessary therefor, and

15 such lands and interests therein, may be acquired, and con16 struction prosecuted thereon prior to approval of title, as

17 follows:

18 Carrier Replacement Program (AP),

19 $1,186,564,000;

20 NSSN, $1,511,935,000;

21 NSSN (AP), $827,172,000;

22 SSGN, $930,700,000;

23 SSGN (AP), $236,600,000;

24 CVN Refuelings (AP), $232,832,000;

25 SSN Submarine Refuelings, $450,000,000;
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1 SSN Submarine Refuelings (AP), $20,351,000;

2 SSBN Submarine Refuelings (AP),

3 $136,800,000;

4 DDG–51 Destroyer, $3,218,311,000;

5 LPD–17, $1,192,034,000;

6 LPD–17 (AP), $75,000,000;

7 LHD–8, $591,306,000;

8 LCAC Landing Craft Air Cushion, $73,087,000;

9 Prior year shipbuilding costs, $635,502,000;

10 Service Craft, $15,980,000; and

11 For outfitting, post delivery, conversions, and

12 first destination transportation, $348,449,000;

13 In all: $11,682,623,000, to remain available for obliga14 tion until September 30, 2008: Provided, That additional

15 obligations may be incurred after September 30, 2008, for

16 engineering services, tests, evaluations, and other such budg17 eted work that must be performed in the final stage of ship

18 construction: Provided further, That none of the funds pro19 vided under this heading for the construction or conversion

20 of any naval vessel to be constructed in shipyards in the

21 United States shall be expended in foreign facilities for the

22 construction of major components of such vessel: Provided

23 further, That none of the funds provided under this heading

24 shall be used for the construction of any naval vessel in

25 foreign shipyards.
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1 OTHER PROCUREMENT, NAVY

2 For procurement, production, and modernization of

3 support equipment and materials not otherwise provided

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

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

6 of passenger motor vehicles for replacement only, and the

7 purchase of 7 vehicles required for physical security of per8 sonnel, notwithstanding price limitations applicable to pas9 senger vehicles but not to exceed $180,000 per vehicle; ex10 pansion of public and private plants, including the land

11 necessary therefor, and such lands and interests therein,

12 may be acquired, and construction prosecuted thereon prior

13 to approval of title; and procurement and installation of

14 equipment, appliances, and machine tools in public and

15 private plants; reserve plant and Government and con16 tractor-owned equipment layaway, $4,734,808,000, to re17 main available for obligation until September 30, 2006.

18 PROCUREMENT, MARINE CORPS

19 For expenses necessary for the procurement, manufac20 ture, and modification of missiles, armament, military

21 equipment, spare parts, and accessories therefor; plant

22 equipment, appliances, and machine tools, and installation

23 thereof in public and private plants; reserve plant and Gov24 ernment and contractor-owned equipment layaway; vehicles

25 for the Marine Corps, including the purchase of passenger
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HR 2658 EAS

1 motor vehicles for replacement only; and expansion of pub2 lic and private plants, including land necessary therefor,

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

4 construction prosecuted thereon prior to approval of title,

5 $1,090,399,000, to remain available for obligation until

6 September 30, 2006.

7 AIRCRAFT PROCUREMENT, AIR FORCE

8 For construction, procurement, and modification of

9 aircraft and equipment, including armor and armament,

10 specialized ground handling equipment, and training de11 vices, spare parts, and accessories therefor; specialized

12 equipment; expansion of public and private plants, Govern13 ment-owned equipment and installation thereof in such

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

15 the foregoing purposes, and such lands and interests therein,

16 may be acquired, and construction prosecuted thereon prior

17 to approval of title; reserve plant and Government and con18 tractor-owned equipment layaway; and other expenses nec19 essary for the foregoing purposes including rents and trans20 portation of things, $11,997,460,000, to remain available

21 for obligation until September 30, 2006.

22 MISSILE PROCUREMENT, AIR FORCE

23 For construction, procurement, and modification of

24 missiles, spacecraft, rockets, and related equipment, includ25 ing spare parts and accessories therefor, ground handling
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HR 2658 EAS

1 equipment, and training devices; expansion of public and

2 private plants, Government-owned equipment and installa3 tion thereof in such plants, erection of structures, and ac4 quisition of land, for the foregoing purposes, and such lands

5 and interests therein, may be acquired, and construction

6 prosecuted thereon prior to approval of title; reserve plant

7 and Government and contractor-owned equipment layaway;

8 and other expenses necessary for the foregoing purposes in9 cluding rents and transportation of things, $4,215,333,000,

10 to remain available for obligation until September 30,

11 2006.

12 PROCUREMENT OF AMMUNITION, AIR FORCE

13 For construction, procurement, production, and modi14 fication of ammunition, and accessories therefor; specialized

15 equipment and training devices; expansion of public and

16 private plants, including ammunition facilities authorized

17 by section 2854 of title 10, United States Code, and the

18 land necessary therefor, for the foregoing purposes, and such

19 lands and interests therein, may be acquired, and construc20 tion prosecuted thereon prior to approval of title; and pro21 curement and installation of equipment, appliances, and

22 machine tools in public and private plants; reserve plant

23 and Government and contractor-owned equipment layaway;

24 and other expenses necessary for the foregoing purposes,
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HR 2658 EAS

1 $1,265,582,000, to remain available for obligation until

2 September 30, 2006.

3 OTHER PROCUREMENT, AIR FORCE

4 For procurement and modification of equipment (in5 cluding ground guidance and electronic control equipment,

6 and ground electronic and communication equipment), and

7 supplies, materials, and spare parts therefor, not otherwise

8 provided for; the purchase of passenger motor vehicles for

9 replacement only, and the purchase of 1 vehicle required

10 for physical security of personnel, notwithstanding price

11 limitations applicable to passenger vehicles but not to ex12 ceed $180,000 per vehicle; lease of passenger motor vehicles;

13 and expansion of public and private plants, Government14 owned equipment and installation thereof in such plants,

15 erection of structures, and acquisition of land, for the fore16 going purposes, and such lands and interests therein, may

17 be acquired, and construction prosecuted thereon, prior to

18 approval of title; reserve plant and Government and con19 tractor-owned equipment layaway, $11,536,097,000, to re20 main available for obligation until September 30, 2006.

21 PROCUREMENT, DEFENSE-WIDE

22 For expenses of activities and agencies of the Depart23 ment of Defense (other than the military departments) nec24 essary for procurement, production, and modification of

25 equipment, supplies, materials, and spare parts therefor,
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HR 2658 EAS

1 not otherwise provided for; the purchase of passenger motor

2 vehicles for replacement only; and the purchase of 4 vehicles

3 required for physical security of personnel, notwithstanding

4 price limitations applicable to passenger vehicles but not

5 to exceed $180,000 per vehicle; expansion of public and pri6 vate plants, equipment, and installation thereof in such

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

8 the foregoing purposes, and such lands and interests therein,

9 may be acquired, and construction prosecuted thereon prior

10 to approval of title; reserve plant and Government and con11 tractor-owned equipment layaway, $3,568,851,000, to re12 main available for obligation until September 30, 2006.

13 NATIONAL GUARD AND RESERVE EQUIPMENT

14 For procurement of aircraft, missiles, tracked combat

15 vehicles, ammunition, other weapons, and other procure16 ment for the reserve components of the Armed Forces,

17 $700,000,000, to remain available for obligation until Sep18 tember 30, 2006: Provided, That the Chiefs of the Reserve

19 and National Guard components shall, not later than 30

20 days after the enactment of this Act, individually submit

21 to the congressional defense committees the modernization

22 priority assessment for their respective Reserve or National

23 Guard component.
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HR 2658 EAS

1 DEFENSE PRODUCTION ACT PURCHASES

2 For activities by the Department of Defense pursuant

3 to sections 108, 301, 302, and 303 of the Defense Production

4 Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093),

5 $77,516,000, to remain available until expended.

6 TITLE IV

7 RESEARCH, DEVELOPMENT, TEST AND

8 EVALUATION

9 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

10 For expenses necessary for basic and applied scientific

11 research, development, test and evaluation, including main12 tenance, rehabilitation, lease, and operation of facilities

13 and equipment, $9,513,048,000, to remain available for ob14 ligation until September 30, 2005.

15 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

16 For expenses necessary for basic and applied scientific

17 research, development, test and evaluation, including main18 tenance, rehabilitation, lease, and operation of facilities

19 and equipment, $14,886,381,000, to remain available for

20 obligation until September 30, 2005: Provided, That funds

21 appropriated in this paragraph which are available for the

22 V–22 may be used to meet unique operational requirements

23 of the Special Operations Forces: Provided further, That

24 funds appropriated in this paragraph shall be available for

25 the Cobra Judy program.
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HR 2658 EAS

1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR

2 FORCE

3 For expenses necessary for basic and applied scientific

4 research, development, test and evaluation, including main5 tenance, rehabilitation, lease, and operation of facilities

6 and equipment, $20,086,290,000, to remain available for

7 obligation until September 30, 2005.

8 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

9 DEFENSE-WIDE

10 For expenses of activities and agencies of the Depart11 ment of Defense (other than the military departments), nec12 essary for basic and applied scientific research, develop13 ment, test and evaluation; advanced research projects as

14 may be designated and determined by the Secretary of De15 fense, pursuant to law; maintenance, rehabilitation, lease,

16 and operation of facilities and equipment, $18,774,428,000,

17 to remain available for obligation until September 30,

18 2005.

19 OPERATIONAL TEST AND EVALUATION, DEFENSE

20 For expenses, not otherwise provided for, necessary for

21 the independent activities of the Director, Operational Test

22 and Evaluation, in the direction and supervision of oper23 ational test and evaluation, including initial operational

24 test and evaluation which is conducted prior to, and in sup25 port of, production decisions; joint operational testing and
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HR 2658 EAS

1 evaluation; and administrative expenses in connection

2 therewith, $304,761,000, to remain available for obligation

3 until September 30, 2005.

4 TITLE V

5 REVOLVING AND MANAGEMENT FUNDS

6 DEFENSE WORKING CAPITAL FUNDS

7 For the Defense Working Capital Funds,

8 $1,449,007,000: Provided, That during fiscal year 2004,

9 funds in the Defense Working Capital Funds may be used

10 for the purchase of not to exceed 4 passenger motor vehicles

11 for replacement only for the Defense Logistics Agency.

12 NATIONAL DEFENSE SEALIFT FUND

13 For National Defense Sealift Fund programs, projects,

14 and activities, and for expenses of the National Defense Re15 serve Fleet, as established by section 11 of the Merchant

16 Ship Sales Act of 1946 (50 U.S.C. App. 1744), and for the

17 necessary expenses to maintain and preserve a U.S.-flag

18 merchant fleet to serve the national security needs of the

19 United States, $344,148,000, to remain available until ex20 pended: Provided, That none of the funds provided in this

21 paragraph shall be used to award a new contract that pro22 vides for the acquisition of any of the following major com23 ponents unless such components are manufactured in the

24 United States: auxiliary equipment, including pumps, for

25 all shipboard services; propulsion system components (that
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HR 2658 EAS

1 is; engines, reduction gears, and propellers); shipboard

2 cranes; and spreaders for shipboard cranes: Provided fur3 ther, That the exercise of an option in a contract awarded

4 through the obligation of previously appropriated funds

5 shall not be considered to be the award of a new contract:

6 Provided further, That the Secretary of the military depart7 ment responsible for such procurement may waive the re8 strictions in the first proviso on a case-by-case basis by cer9 tifying in writing to the Committees on Appropriations of

10 the House of Representatives and the Senate that adequate

11 domestic supplies are not available to meet Department of

12 Defense requirements on a timely basis and that such an

13 acquisition must be made in order to acquire capability for

14 national security purposes: Provided further, That, not15 withstanding any other provision of law, $8,500,000 of the

16 funds available under this heading shall be available in ad17 dition to other amounts otherwise available, only to finance

18 the cost of 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, as

24 authorized by law, $15,656,913,000, of which

25 $14,918,791,000 shall be for Operation and maintenance,
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HR 2658 EAS

1 of which not to exceed 2 percent shall remain available until

2 September 30, 2005, and of which not more than

3 $7,420,972,000 shall be available for contracts entered into

4 under the TRICARE program; of which $327,826,000, to

5 remain available for obligation until September 30, 2006,

6 shall be for Procurement; of which $410,296,000, to remain

7 available for obligation until September 30, 2005, shall be

8 for Research, development, test and evaluation.

9 CHEMICAL AGENTSAND MUNITIONS DESTRUCTION, ARMY

10 For expenses, not otherwise provided for, necessary for

11 the destruction of the United States stockpile of lethal chem12 ical agents and munitions in accordance with the provi13 sions of section 1412 of the Department of Defense Author14 ization Act, 1986 (50 U.S.C. 1521), and for the destruction

15 of other chemical warfare materials that are not in the

16 chemical weapon stockpile, $1,620,076,000, of which

17 $1,169,168,000 shall be for Operation and maintenance to

18 remain available until September 30, 2005; $79,212,000

19 shall be for Procurement to remain available until Sep20 tember 30, 2006; $251,881,000 shall be for Research, devel21 opment, test and evaluation to remain available until Sep22 tember 30, 2005; $119,815,000 shall be for military con23 struction to remain available until September 30, 2008:

24 Provided, That, notwithstanding any other provision of

25 law, $10,000,000 of the funds available under this heading
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HR 2658 EAS

1 shall be expended only to fund Chemical Stockpile Emer2 gency Preparedness Program evacuation route improve3 ments in Calhoun County, Alabama.

4 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,

5 DEFENSE

6 (INCLUDING TRANSFER OF FUNDS)

7 For drug interdiction and counter-drug activities of

8 the Department of Defense, for transfer to appropriations

9 available to the Department of Defense for military per10 sonnel of the reserve components serving under the provi11 sions of title 10 and title 32, United States Code; for Oper12 ation and maintenance; for Procurement; and for Research,

13 development, test and evaluation, $832,371,000: Provided,

14 That the funds appropriated under this heading shall be

15 available for obligation for the same time period and for

16 the same purpose as the appropriation to which transferred:

17 Provided further, That upon a determination that all or

18 part of the funds transferred from this appropriation are

19 not necessary for the purposes provided herein, such

20 amounts may be transferred back to this appropriation:

21 Provided further, That the transfer authority provided

22 under this heading is in addition to any other transfer au23 thority contained elsewhere in this Act.
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HR 2658 EAS

1 OFFICE OF THE INSPECTOR GENERAL

2 For expenses and activities of the Office of the Inspec3 tor General in carrying out the provisions of the Inspector

4 General Act of 1978, as amended, $162,449,000, of which

5 $160,049,000 shall be for Operation and maintenance, of

6 which not to exceed $700,000, is available for emergencies

7 and extraordinary expenses to be expended on the approval

8 or authority of the Inspector General, and payments may

9 be made on the Inspector General’s certificate of necessity

10 for confidential military purposes and of which $300,000,

11 to remain available until September 30, 2005, shall be for

12 Research, development, test and evaluation; and of which

13 $2,100,000, to remain available until September 30, 2006,

14 shall be for Procurement.

15 TITLE VII

16 RELATED AGENCIES

17 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

18 DISABILITY SYSTEM FUND

19 For payment to the Central Intelligence Agency Retire20 ment and Disability System Fund, to maintain the proper

21 funding level for continuing the operation of the Central

22 Intelligence Agency Retirement and Disability System,

23 $226,400,000.
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HR 2658 EAS

1 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

2 (INCLUDING TRANSFER OF FUNDS)

3 For necessary expenses of the Intelligence Community

4 Management Account, $165,390,000, of which $26,081,000

5 for the Advanced Research and Development Committee

6 shall remain available until September 30, 2005: Provided,

7 That of the funds appropriated under this heading,

8 $34,100,000 shall be transferred to the Department of Jus9 tice for the National Drug Intelligence Center to support

10 the Department of Defense’s counter-drug intelligence re11 sponsibilities, and of the said amount, $1,500,000 for Pro12 curement shall remain available until September 30, 2006

13 and $1,000,000 for Research, development, test and evalua14 tion shall remain available until September 30, 2005: Pro15 vided further, That the National Drug Intelligence Center

16 shall maintain the personnel and technical resources to pro17 vide timely support to law enforcement authorities and the

18 intelligence community by conducting document and com19 puter exploitation of materials collected in Federal, State,

20 and local law enforcement activity associated with counter21 drug, counter-terrorism, and national security investiga22 tions and operations.
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HR 2658 EAS

1 PAYMENT TO KAHO’OLAWE ISLAND CONVEYANCE,

2 REMEDIATION, AND ENVIRONMENTAL RESTORATION FUND

3 For payment to Kaho’olawe Island Conveyance, Reme4 diation, and Environmental Restoration Fund, as author5 ized by law, $18,430,000, to remain available until ex6 pended.

7 NATIONAL SECURITY EDUCATION TRUST FUND

8 For the purposes of title VIII of Public Law 102–183,

9 $8,000,000, to be derived from the National Security Edu10 cation Trust Fund, to remain available until expended.

11 TITLE VIII

12 GENERAL PROVISIONS

13 SEC. 8001. No part of any appropriation contained

14 in this Act shall be used for publicity or propaganda pur15 poses not authorized by the Congress.

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

17 of law prohibiting the payment of compensation to, or em18 ployment of, any person not a citizen of the United States

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

20 Provided, That salary increases granted to direct and indi21 rect hire foreign national employees of the Department of

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

23 of the percentage increase authorized by law for civilian

24 employees of the Department of Defense whose pay is com25 puted under the provisions of section 5332 of title 5, United
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HR 2658 EAS

1 States Code, or at a rate in excess of the percentage increase

2 provided by the appropriate host nation to its own employ3 ees, whichever is higher: Provided further, That this section

4 shall not apply to Department of Defense foreign service

5 national employees serving at United States diplomatic

6 missions whose pay is set by the Department of State under

7 the Foreign Service Act of 1980: Provided further, That the

8 limitations of this provision shall not apply to foreign na9 tional employees of the Department of Defense in the Re10 public of Turkey.

11 SEC. 8003. No part of any appropriation contained

12 in this Act shall remain available for obligation beyond the

13 current fiscal year, unless expressly so provided herein.

14 SEC. 8004. No more than 20 percent of the appropria15 tions in this Act which are limited for obligation during

16 the current fiscal year shall be obligated during the last 2

17 months of the fiscal year: Provided, That this section shall

18 not apply to obligations for support of active duty training

19 of reserve components or summer camp training of the Re20 serve Officers’ Training Corps.

21 (TRANSFER OF FUNDS)

22 SEC. 8005. Upon determination by the Secretary of

23 Defense that such action is necessary in the national inter24 est, he may, with the approval of the Office of Management

25 and Budget, transfer not to exceed $2,100,000,000 of work26 ing capital funds of the Department of Defense or funds
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HR 2658 EAS

1 made available in this Act to the Department of Defense

2 for military functions (except military construction) be3 tween such appropriations or funds or any subdivision

4 thereof, to be merged with and to be available for the same

5 purposes, and for the same time period, as the appropria6 tion or fund to which transferred: Provided, That such au7 thority to transfer may not be used unless for higher pri8 ority items, based on unforeseen military requirements,

9 than those for which originally appropriated and in no case

10 where the item for which funds are requested has been de11 nied by the Congress: Provided further, That the Secretary

12 of Defense shall notify the Congress promptly of all transfers

13 made pursuant to this authority or any other authority in

14 this Act: Provided further, That no part of the funds in

15 this Act shall be available to prepare or present a request

16 to the Committees on Appropriations for reprogramming

17 of funds, unless for higher priority items, based on unfore18 seen military requirements, than those for which originally

19 appropriated and in no case where the item for which re20 programming is requested has been denied by the Congress:

21 Provided further, That a request for multiple

22 reprogrammings of funds using authority provided in this

23 section must be made prior to June 30, 2004.

24 (TRANSFER OF FUNDS)

25 SEC. 8006. During the current fiscal year, cash bal26 ances in working capital funds of the Department of De-
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HR 2658 EAS

1 fense established pursuant to section 2208 of title 10, United

2 States Code, may be maintained in only such amounts as

3 are necessary at any time for cash disbursements to be made

4 from such funds: Provided, That transfers may be made be5 tween such funds: Provided further, That transfers may be

6 made between working capital funds and the ‘‘Foreign Cur7 rency Fluctuations, Defense’’ appropriation and the ‘‘Oper8 ation and Maintenance’’ appropriation accounts in such

9 amounts as may be determined by the Secretary of Defense,

10 with the approval of the Office of Management and Budget,

11 except that such transfers may not be made unless the Sec12 retary of Defense has notified the Congress of the proposed

13 transfer. Except in amounts equal to the amounts appro14 priated to working capital funds in this Act, no obligations

15 may be made against a working capital fund to procure

16 or increase the value of war reserve material inventory, un17 less the Secretary of Defense has notified the Congress prior

18 to any such obligation.

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

20 be used to initiate a special access program without prior

21 notification 30 calendar days in session in advance to the

22 congressional defense committees.

23 SEC. 8008. None of the funds provided in this Act shall

24 be available to initiate: (1) a multiyear contract that em25 ploys economic order quantity procurement in excess of
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HR 2658 EAS

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

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

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

4 multiyear contract that employs economic order quantity

5 procurement in excess of $20,000,000 in any 1 year, unless

6 the congressional defense committees have been notified at

7 least 30 days in advance of the proposed contract award:

8 Provided, That no part of any appropriation contained in

9 this Act shall be available to initiate a multiyear contract

10 for which the economic order quantity advance procurement

11 is not funded at least to the limits of the Government’s li12 ability: Provided further, That no part of any appropria13 tion contained in this Act shall be available to initiate

14 multiyear procurement contracts for any systems or compo15 nent thereof if the value of the multiyear contract would

16 exceed $500,000,000 unless specifically provided in this Act:

17 Provided further, That no multiyear procurement contract

18 can be terminated without 10-day prior notification to the

19 congressional defense committees: Provided further, That the

20 execution of multiyear authority shall require the use of a

21 present value analysis to determine lowest cost compared

22 to an annual procurement.

23 Funds appropriated in title III of this Act may be

24 used for multiyear procurement contracts as follows:

25 C–130 aircraft;
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HR 2658 EAS

1 F/A–18E and F engine;

2 F/A–18 aircraft;

3 E–2C aircraft; and

4 Virginia Class Submarine:

5 Provided, That the Secretary of the Navy may not enter

6 into a multiyear contract for the procurement of more than

7 one Virginia Class Submarine per year.

8 SEC. 8009. Within the funds appropriated for the oper9 ation and maintenance of the Armed Forces, funds are here10 by appropriated pursuant to section 401 of title 10, United

11 States Code, for humanitarian and civic assistance costs

12 under chapter 20 of title 10, United States Code. Such funds

13 may also be obligated for humanitarian and civic assist14 ance costs incidental to authorized operations and pursuant

15 to authority granted in section 401 of chapter 20 of title

16 10, United States Code, and these obligations shall be re17 ported as required by section 401(d) of title 10, United

18 States Code: Provided, That funds available for operation

19 and maintenance shall be available for providing humani20 tarian and similar assistance by using Civic Action Teams

21 in the Trust Territories of the Pacific Islands and freely

22 associated states of Micronesia, pursuant to the Compact

23 of Free Association as authorized by Public Law 99–239:

24 Provided further, That upon a determination by the Sec25 retary of the Army that such action is beneficial for grad-
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HR 2658 EAS

1 uate medical education programs conducted at Army med2 ical facilities located in Hawaii, the Secretary of the Army

3 may authorize the provision of medical services at such fa4 cilities and transportation to such facilities, on a non5 reimbursable basis, for civilian patients from American

6 Samoa, the Commonwealth of the Northern Mariana Is7 lands, the Marshall Islands, the Federated States of Micro8 nesia, Palau, and Guam.

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

10 personnel of the Department of Defense may not be man11 aged on the basis of any end-strength, and the management

12 of such personnel during that fiscal year shall not be subject

13 to any constraint or limitation (known as an end-strength)

14 on the number of such personnel who may be employed on

15 the last day of such fiscal year.

16 (b) The fiscal year 2005 budget request for the Depart17 ment of Defense as well as all justification material and

18 other documentation supporting the fiscal year 2005 De19 partment of Defense budget request shall be prepared and

20 submitted to the Congress as if subsections (a) and (b) of

21 this provision were effective with regard to fiscal year 2005.

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

23 to military (civilian) technicians.

24 SEC. 8011. None of the funds appropriated in this or

25 any other Act may be used to initiate a new installation
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HR 2658 EAS

1 overseas without 30-day advance notification to the Com2 mittees on Appropriations.

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

4 Act shall be used in any way, directly or indirectly, to in5 fluence congressional action on any legislation or appro6 priation matters pending before the Congress.

7 SEC. 8013. None of the funds appropriated by this Act

8 shall be available for the basic pay and allowances of any

9 member of the Army participating as a full-time student

10 and receiving benefits paid by the Secretary of Veterans Af11 fairs from the Department of Defense Education Benefits

12 Fund when time spent as a full-time student is credited

13 toward completion of a service commitment: Provided, That

14 this subsection shall not apply to those members who have

15 reenlisted with this option prior to October 1, 1987: Pro16 vided further, That this subsection applies only to active

17 components of the Army.

18 SEC. 8014. (a) None of the funds appropriated by this

19 Act may be used for converting to contractor performance

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

21 on or after the date of the enactment of this Act, is per22 formed by Department of Defense employees unless the con23 version is based on the results of a public-private competi24 tion process that—
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HR 2658 EAS

1 (1) applies the most efficient organization proc2 ess except to the performance of an activity or func3 tion involving 10 or fewer employees (but prohibits

4 any modification, reorganization, division, or other

5 change that is done for the purpose of qualifying the

6 activity or function for such exception);

7 (2) provides no advantage to an offeror for a

8 proposal to save costs for the Department of Defense

9 by offering employer-sponsored health insurance bene10 fits to workers to be employed under contract for the

11 performance of such activity or function that are in

12 any respect less beneficial to the workers than the ben13 efits provided for Federal employees under chapter 89

14 of title 5, United States Code; and

15 (3) requires a determination regarding whether,

16 over all performance periods stated in the solicitation

17 of offers for performance of the activity or function,

18 the cost of performance of the activity or function by

19 a contractor would be less costly to the Department

20 of Defense by an amount that equals or exceeds the

21 lesser of (A) 10 percent of the most efficient organiza22 tion’s personnel-related costs for performance of that

23 activity or function by Federal employees, or (B)

24 $10,000,000.
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HR 2658 EAS

1 (b) The Secretary of Defense may, in the Secretary’s

2 discretion, apply the tradeoff source selection public-private

3 competition process under Office of Management and Budg4 et Circular A–76 to the performance of services related to

5 the design, installation, operation, or maintenance of infor6 mation technology (as defined in section 11101 of title 40,

7 United States Code).

8 (c)(1) This section does not apply to a conversion of

9 an activity or function of the Department of Defense to con10 tractor performance if the Secretary of Defense (A) deter11 mines in writing that compliance would have a substantial

12 adverse impact on the ability of the Department of Defense

13 to perform its national security missions, and (B) publishes

14 such determination in the Federal Register.

15 (2) This section and subsections (a), (b), and (c) of

16 section 2461 of title 10, United States Code, do not apply

17 with respect to the performance of a commercial or indus18 trial type activity or function that—

19 (A) is on the procurement list established under

20 section 2 of the Javits-Wagner-O’Day Act (41 U.S.C.

21 47); or

22 (B) is planned to be converted to performance

23 by—

24 (i) a qualified nonprofit agency for the

25 blind or a qualified nonprofit agency for other
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HR 2658 EAS

1 severely handicapped (as such terms are defined

2 in section 5 of such Act (41 U.S.C. 48b); or

3 (ii) a commercial business at least 51 per4 cent of which is owned by an Indian tribe (as

5 defined in section 4(e) of the Indian Self-Deter6 mination and Education Assistance Act (25

7 U.S.C. 450b(e))) or a Native Hawaiian Organi8 zation (as defined in section 8(a)(15) of the

9 Small Business Act (15 U.S.C. 637(a)(15))).

10 (d) Nothing in this Act shall affect depot contracts or

11 contracts for depot maintenance as provided in sections

12 2469 and 2474 of title 10, United States Code.

13 (e) The conversion of any activity or function of the

14 Department of Defense under the authority provided herein

15 shall be credited toward any competitive or outsourcing

16 goal, target or measurement that may be established by stat17 ute, regulation or policy and shall be deemed to be awarded

18 under the authority of and in compliance with Public Law

19 98–369, Div. B, Title VII, sections 2723(a) and 2727(b)

20 (codified at 10 U.S.C. 2304) for the competition or

21 outsourcing of commercial activities.

22 (TRANSFER OF FUNDS)

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

24 for the Department of Defense Pilot Mentor-Protege Pro25 gram may be transferred to any other appropriation con26 tained in this Act solely for the purpose of implementing
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1 a Mentor-Protege Program developmental assistance agree2 ment pursuant to section 831 of the National Defense Au3 thorization Act for Fiscal Year 1991 (Public Law 101–510;

4 10 U.S.C. 2301 note), as amended, under the authority of

5 this provision or any other transfer authority contained in

6 this Act.

7 SEC. 8016. None of the funds in this Act may be avail8 able for the purchase by the Department of Defense (and

9 its departments and agencies) of welded shipboard anchor

10 and mooring chain 4 inches in diameter and under unless

11 the anchor and mooring chain are manufactured in the

12 United States from components which are substantially

13 manufactured in the United States: Provided, That for the

14 purpose of this section manufactured will include cutting,

15 heat treating, quality control, testing of chain and welding

16 (including the forging and shot blasting process): Provided

17 further, That for the purpose of this section substantially

18 all of the components of anchor and mooring chain shall

19 be considered to be produced or manufactured in the United

20 States if the aggregate cost of the components produced or

21 manufactured in the United States exceeds the aggregate

22 cost of the components produced or manufactured outside

23 the United States: Provided further, That when adequate

24 domestic supplies are not available to meet Department of

25 Defense requirements on a timely basis, the Secretary of the
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1 service responsible for the procurement may waive this re2 striction on a case-by-case basis by certifying in writing

3 to the Committees on Appropriations that such an acquisi4 tion must be made in order to acquire capability for na5 tional security purposes.

6 SEC. 8017. None of the funds appropriated by this Act

7 available for the Civilian Health and Medical Program of

8 the Uniformed Services (CHAMPUS) or TRICARE shall

9 be available for the reimbursement of any health care pro10 vider for inpatient mental health service for care received

11 when a patient is referred to a provider of inpatient mental

12 health care or residential treatment care by a medical or

13 health care professional having an economic interest in the

14 facility to which the patient is referred: Provided, That this

15 limitation does not apply in the case of inpatient mental

16 health services provided under the program for persons with

17 disabilities under subsection (d) of section 1079 of title 10,

18 United States Code, provided as partial hospital care, or

19 provided pursuant to a waiver authorized by the Secretary

20 of Defense because of medical or psychological circumstances

21 of the patient that are confirmed by a health professional

22 who is not a Federal employee after a review, pursuant to

23 rules prescribed by the Secretary, which takes into account

24 the appropriate level of care for the patient, the intensity
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1 of services required by the patient, and the availability of

2 that care.

3 SEC. 8018. Notwithstanding any other provision of

4 law, during the current fiscal year, the Secretary of Defense

5 may, by executive agreement, establish with host nation

6 governments in NATO member states a separate account

7 into which such residual value amounts negotiated in the

8 return of United States military installations in NATO

9 member states may be deposited, in the currency of the host

10 nation, in lieu of direct monetary transfers to the United

11 States Treasury: Provided, That such credits may be uti12 lized only for the construction of facilities to support United

13 States military forces in that host nation, or such real prop14 erty maintenance and base operating costs that are cur15 rently executed through monetary transfers to such host na16 tions: Provided further, That the Department of Defense’s

17 budget submission for fiscal year 2004 shall identify such

18 sums anticipated in residual value settlements, and identify

19 such construction, real property maintenance or base oper20 ating costs that shall be funded by the host nation through

21 such credits: Provided further, That all military construc22 tion projects to be executed from such accounts must be pre23 viously approved in a prior Act of Congress: Provided fur24 ther, That each such executive agreement with a NATO

25 member host nation shall be reported to the congressional
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1 defense committees, the Committee on International Rela2 tions of the House of Representatives and the Committee

3 on Foreign Relations of the Senate 30 days prior to the

4 conclusion and endorsement of any such agreement estab5 lished under this provision.

6 SEC. 8019. None of the funds available to the Depart7 ment of Defense may be used to demilitarize or dispose of

8 M–1 Carbines, M–1 Garand rifles, M–14 rifles, .22 caliber

9 rifles, .30 caliber rifles, or M–1911 pistols.

10 SEC. 8020. No more than $500,000 of the funds appro11 priated or made available in this Act shall be used during

12 a single fiscal year for any single relocation of an organiza13 tion, unit, activity or function of the Department of Defense

14 into or within the National Capital Region: Provided, That

15 the Secretary of Defense may waive this restriction on a

16 case-by-case basis by certifying in writing to the congres17 sional defense committees that such a relocation is required

18 in the best interest of the Government.

19 SEC. 8021. In addition to the funds provided elsewhere

20 in this Act, $8,000,000 is appropriated only for incentive

21 payments authorized by Section 504 of the Indian Financ22 ing Act of 1974 (25 U.S.C. 1544): Provided, That a prime

23 contractor or a subcontractor at any tier that makes a sub24 contract award to any subcontractor or supplier as defined

25 in 25 U.S.C. 1544 or a small business owned and controlled
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1 by an individual or individuals defined under 25 U.S.C.

2 4221(9) shall be considered a contractor for the purposes

3 of being allowed additional compensation under section 504

4 of the Indian Financing Act of 1974 (25 U.S.C. 1544)

5 whenever the prime contract or subcontract amount is over

6 $500,000 and involves the expenditure of funds appro7 priated by an Act making Appropriations for the Depart8 ment of Defense with respect to any fiscal year: Provided

9 further, That notwithstanding 41 U.S.C. § 430, this section

10 shall be applicable to any Department of Defense acquisi11 tion of supplies or services, including any contract and any

12 subcontract at any tier for acquisition of commercial items

13 produced or manufactured, in whole or in part by any sub14 contractor or supplier defined in 25 U.S.C. § 1544 or a

15 small business owned and controlled by an individual or

16 individuals defined under 25 U.S.C. 4221(9): Provided fur17 ther, That businesses certified as 8(a) by the Small Business

18 Administration pursuant to section 8(a)(15) of Public Law

19 85–536, as amended, shall have the same status as other

20 program participants under section 602 of Public Law

21 100–656, 102 Stat. 3825 (Business Opportunity Develop22 ment Reform Act of 1988) for purposes of contracting with

23 agencies of the Department of Defense.

24 SEC. 8022. None of the funds appropriated by this Act

25 shall be available to perform any cost study pursuant to
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1 the provisions of OMB Circular A–76 if the study being

2 performed exceeds a period of 24 months after initiation

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

4 30 months after initiation of such study for a multi-func5 tion activity.

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

7 American Forces Information Service shall not be used for

8 any national or international political or psychological ac9 tivities.

10 SEC. 8024. Notwithstanding any other provision of

11 law or regulation, the Secretary of Defense may adjust wage

12 rates for civilian employees hired for certain health care

13 occupations as authorized for the Secretary of Veterans Af14 fairs by section 7455 of title 38, United States Code.

15 SEC. 8025. (a) Of the funds for the procurement of sup16 plies or services appropriated by this Act and hereafter,

17 qualified nonprofit agencies for the blind or other severely

18 handicapped shall be afforded the maximum practicable op19 portunity to participate as subcontractors and suppliers in

20 the performance of contracts let by the Department of De21 fense.

22 (b) During the current fiscal year and hereafter, a

23 business concern which has negotiated with a military serv24 ice or defense agency a subcontracting plan for the partici25 pation by small business concerns pursuant to section 8(d)
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1 of the Small Business Act (15 U.S.C. 637(d)) shall be given

2 credit toward meeting that subcontracting goal for any pur3 chases made from qualified nonprofit agencies for the blind

4 or other severely handicapped.

5 (c) For the purpose of this section, the phrase ‘‘quali6 fied nonprofit agency for the blind or other severely handi7 capped’’ means a nonprofit agency for the blind or other

8 severely handicapped that has been approved by the Com9 mittee for the Purchase from the Blind and Other Severely

10 Handicapped under the Javits-Wagner-O’Day Act (41

11 U.S.C. 46–48).

12 SEC. 8026. During the current fiscal year, net receipts

13 pursuant to collections from third party payers pursuant

14 to section 1095 of title 10, United States Code, shall be

15 made available to the local facility of the uniformed services

16 responsible for the collections and shall be over and above

17 the facility’s direct budget amount.

18 SEC. 8027. During the current fiscal year, the Depart19 ment of Defense is authorized to incur obligations of not

20 to exceed $350,000,000 for purposes specified in section

21 2350j(c) of title 10, United States Code, in anticipation of

22 receipt of contributions, only from the Government of Ku23 wait, under that section: Provided, That upon receipt, such

24 contributions from the Government of Kuwait shall be cred-
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1 ited to the appropriations or fund which incurred such obli2 gations.

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 8028. Of the funds made available in this Act,

5 not less than $24,758,000 shall be available for the Civil

6 Air Patrol Corporation: Provided, That funds identified for

7 ‘‘Civil Air Patrol’’ under this section are intended for and

8 shall be for the exclusive use of the Civil Air Patrol Corpora9 tion and not for the Air Force or any unit thereof.

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

11 Act are available to establish a new Department of Defense

12 (department) federally funded research and development

13 center (FFRDC), either as a new entity, or as a separate

14 entity administrated by an organization managing another

15 FFRDC, or as a nonprofit membership corporation con16 sisting of a consortium of other FFRDCs and other non17 profit entities.

18 (b) No member of a Board of Directors, Trustees, Over19 seers, Advisory Group, Special Issues Panel, Visiting Com20 mittee, or any similar entity of a defense FFRDC, and no

21 paid consultant to any defense FFRDC, except when acting

22 in a technical advisory capacity, may be compensated for

23 his or her services as a member of such entity, or as a paid

24 consultant by more than one FFRDC in a fiscal year: Pro25 vided, That a member of any such entity referred to pre26 viously in this subsection shall be allowed travel expenses
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1 and per diem as authorized under the Federal Joint Travel

2 Regulations, when engaged in the performance of member3 ship duties.

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

5 of the funds available to the department from any source

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

7 through a fee or other payment mechanism, for construction

8 of new buildings, for payment of cost sharing for projects

9 funded by Government grants, for absorption of contract

10 overruns, or for certain charitable contributions, not to in11 clude employee participation in community service and/or

12 development.

13 (d) Notwithstanding any other provision of law, of the

14 funds available to the department during fiscal year 2004,

15 not more than 6,450 staff years of technical effort (staff

16 years) may be funded for defense FFRDCs: Provided, That

17 of the specific amount referred to previously in this sub18 section, not more than 1,050 staff years may be funded for

19 the defense studies and analysis FFRDCs.

20 (e) The Secretary of Defense shall, with the submission

21 of the department’s fiscal year 2005 budget request, submit

22 a report presenting the specific amounts of staff years of

23 technical effort to be allocated for each defense FFRDC dur24 ing that fiscal year.
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1 (f) Notwithstanding any other provision of this Act,

2 the total amount appropriated in this Act for FFRDCs is

3 hereby reduced by $50,000,000.

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

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

6 or armor steel plate for use in any Government-owned facil7 ity or property under the control of the Department of De8 fense which were not melted and rolled in the United States

9 or Canada: Provided, That these procurement restrictions

10 shall apply to any and all Federal Supply Class 9515,

11 American Society of Testing and Materials (ASTM) or

12 American Iron and Steel Institute (AISI) specifications of

13 carbon, alloy or armor steel plate: Provided further, That

14 the Secretary of the military department responsible for the

15 procurement may waive this restriction on a case-by-case

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

18 that adequate domestic supplies are not available to meet

19 Department of Defense requirements on a timely basis and

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

21 capability for national security purposes: Provided further,

22 That these restrictions shall not apply to contracts which

23 are in being as of the date of the enactment of this Act.

24 SEC. 8031. For the purposes of this Act, the term ‘‘con25 gressional defense committees’’ means the Armed Services
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1 Committee of the House of Representatives, the Armed Serv2 ices Committee of the Senate, the Subcommittee on Defense

3 of the Committee on Appropriations of the Senate, and the

4 Subcommittee on Defense of the Committee on Appropria5 tions of the House of Representatives.

6 SEC. 8032. During the current fiscal year, the Depart7 ment of Defense may acquire the modification, depot main8 tenance and repair of aircraft, vehicles and vessels as well

9 as the production of components and other Defense-related

10 articles, through competition between Department of De11 fense depot maintenance activities and private firms: Pro12 vided, That the Senior Acquisition Executive of the military

13 department or defense agency concerned, with power of dele14 gation, shall certify that successful bids include comparable

15 estimates of all direct and indirect costs for both public and

16 private bids: Provided further, That Office of Management

17 and Budget Circular A–76 shall not apply to competitions

18 conducted under this section.

19 SEC. 8033. (a)(1) If the Secretary of Defense, after con20 sultation with the United States Trade Representative, de21 termines that a foreign country which is party to an agree22 ment described in paragraph (2) has violated the terms of

23 the agreement by discriminating against certain types of

24 products produced in the United States that are covered by

25 the agreement, the Secretary of Defense shall rescind the
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1 Secretary’s blanket waiver of the Buy American Act with

2 respect to such types of products produced in that foreign

3 country.

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

5 reciprocal defense procurement memorandum of under6 standing, between the United States and a foreign country

7 pursuant to which the Secretary of Defense has prospec8 tively waived the Buy American Act for certain products

9 in that country.

10 (b) The Secretary of Defense shall submit to the Con11 gress a report on the amount of Department of Defense pur12 chases from foreign entities in fiscal year 2004. Such report

13 shall separately indicate the dollar value of items for which

14 the Buy American Act was waived pursuant to any agree15 ment described in subsection (a)(2), the Trade Agreement

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

17 agreement to which the United States is a party.

18 (c) For purposes of this section, the term ‘‘Buy Amer19 ican Act’’ means title III of the Act entitled ‘‘An Act mak20 ing appropriations for the Treasury and Post Office De21 partments for the fiscal year ending June 30, 1934, and

22 for other purposes’’, approved March 3, 1933 (41 U.S.C.

23 10a et seq.).

24 SEC. 8034. Appropriations contained in this Act that

25 remain available at the end of the current fiscal year as
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1 a result of energy cost savings realized by the Department

2 of Defense shall remain available for obligation for the next

3 fiscal year to the extent, and for the purposes, provided in

4 section 2865 of title 10, United States Code.

5 (INCLUDING TRANSFER OF FUNDS)

6 SEC. 8035. Amounts deposited during the current fis7 cal year to the special account established under 40 U.S.C.

8 572(b)(5)(A) and to the special account established under

9 10 U.S.C. 2667(d)(1) are appropriated and shall be avail10 able until transferred by the Secretary of Defense to current

11 applicable appropriations or funds of the Department of

12 Defense under the terms and conditions specified by 40

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

14 merged with and to be available for the same time period

15 and the same purposes as the appropriation to which trans16 ferred.

17 SEC. 8036. The President shall include with each budg18 et for a fiscal year submitted to the Congress under section

19 1105 of title 31, United States Code, materials that shall

20 identify clearly and separately the amounts requested in the

21 budget for appropriation for that fiscal year for salaries

22 and expenses related to administrative activities of the De23 partment of Defense, the military departments, and the de24 fense agencies.

25 SEC. 8037. Notwithstanding any other provision of

26 law, funds available for ‘‘Drug Interdiction and Counter-
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1 Drug Activities, Defense’’ may be obligated for the Young

2 Marines program.

3 (INCLUDING TRANSFER OF FUNDS)

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

5 contained in the Department of Defense Overseas Military

6 Facility Investment Recovery Account established by section

7 2921(c)(1) of the National Defense Authorization Act of

8 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall be

9 available until expended for the payments specified by sec10 tion 2921(c)(2) of that Act.

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

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

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

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

15 South Dakota, Montana, and Minnesota relocatable mili16 tary housing units located at Grand Forks Air Force Base

17 and Minot Air Force Base that are excess to the needs of

18 the Air Force.

19 (b) PROCESSING OF REQUESTS.—The Secretary of the

20 Air Force shall convey, at no cost to the Air Force, military

21 housing units under subsection (a) in accordance with the

22 request for such units that are submitted to the Secretary

23 by the Operation Walking Shield Program on behalf of In24 dian tribes located in the States of North Dakota, South

25 Dakota, Montana, and Minnesota.
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1 (c) RESOLUTION OF HOUSING UNIT CONFLICTS.—The

2 Operation Walking Shield program shall resolve any con3 flicts among requests of Indian tribes for housing units

4 under subsection (a) before submitting requests to the Sec5 retary of the Air Force under subsection (b).

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

7 ‘‘Indian tribe’’ means any recognized Indian tribe included

8 on the current list published by the Secretary of the Interior

9 under section 104 of the Federally Recognized Indian Tribe

10 Act of 1994 (Public Law 103–454; 108 Stat. 4792; 25

11 U.S.C. 479a–1).

12 SEC. 8040. During the current fiscal year, appropria13 tions which are available to the Department of Defense for

14 operation and maintenance may be used to purchase items

15 having an investment item unit cost of not more than

16 $250,000.

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

18 of the appropriations or funds available to the Department

19 of Defense Working Capital Funds shall be used for the pur20 chase of an investment item for the purpose of acquiring

21 a new inventory item for sale or anticipated sale during

22 the current fiscal year or a subsequent fiscal year to cus23 tomers of the Department of Defense Working Capital

24 Funds if such an item would not have been chargeable to

25 the Department of Defense Business Operations Fund dur-
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1 ing fiscal year 1994 and if the purchase of such an invest2 ment item would be chargeable during the current fiscal

3 year to appropriations made to the Department of Defense

4 for procurement.

5 (b) The fiscal year 2005 budget request for the Depart6 ment of Defense as well as all justification material and

7 other documentation supporting the fiscal year 2005 De8 partment of Defense budget shall be prepared and submitted

9 to the Congress on the basis that any equipment which was

10 classified as an end item and funded in a procurement ap11 propriation contained in this Act shall be budgeted for in

12 a proposed fiscal year 2005 procurement appropriation and

13 not in the supply management business area or any other

14 area or category of the Department of Defense Working

15 Capital Funds.

16 SEC. 8042. None of the funds appropriated by this Act

17 for programs of the Central Intelligence Agency shall re18 main available for obligation beyond the current fiscal year,

19 except for funds appropriated for the Reserve for Contin20 gencies, which shall remain available until September 30,

21 2005: Provided, That funds appropriated, transferred, or

22 otherwise credited to the Central Intelligence Agency Cen23 tral Services Working Capital Fund during this or any

24 prior or subsequent fiscal year shall remain available until

25 expended: Provided further, That any funds appropriated
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1 or transferred to the Central Intelligence Agency for ad2 vanced research and development acquisition, for agent op3 erations, and for covert action programs authorized by the

4 President under section 503 of the National Security Act

5 of 1947, as amended, shall remain available until Sep6 tember 30, 2005.

7 SEC. 8043. Notwithstanding any other provision of

8 law, funds made available in this Act for the Defense Intel9 ligence Agency may be used for the design, development, and

10 deployment of General Defense Intelligence Program intel11 ligence communications and intelligence information sys12 tems for the Services, the Unified and Specified Commands,

13 and the component commands.

14 SEC. 8044. Of the funds appropriated to the Depart15 ment of Defense under the heading ‘‘Operation and Mainte16 nance, Defense-Wide’’, not less than $10,000,000 shall be

17 made available only for the mitigation of environmental

18 impacts, including training and technical assistance to

19 tribes, related administrative support, the gathering of in20 formation, documenting of environmental damage, and de21 veloping a system for prioritization of mitigation and cost

22 to complete estimates for mitigation, on Indian lands re23 sulting from Department of Defense activities.

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

25 Act may be expended by an entity of the Department of
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1 Defense unless the entity, in expending the funds, complies

2 with the Buy American Act. For purposes of this subsection,

3 the term ‘‘Buy American Act’’ means title III of the Act

4 entitled ‘‘An Act making appropriations for the Treasury

5 and Post Office Departments for the fiscal year ending June

6 30, 1934, and for other purposes’’, approved March 3, 1933

7 (41 U.S.C. 10a et seq.).

8 (b) If the Secretary of Defense determines that a person

9 has been convicted of intentionally affixing a label bearing

10 a ‘‘Made in America’’ inscription to any product sold in

11 or shipped to the United States that is not made in Amer12 ica, the Secretary shall determine, in accordance with sec13 tion 2410f of title 10, United States Code, whether the per14 son should be debarred from contracting with the Depart15 ment of Defense.

16 (c) In the case of any equipment or products purchased

17 with appropriations provided under this Act, it is the sense

18 of the Congress that any entity of the Department of De19 fense, in expending the appropriation, purchase only Amer20 ican-made equipment and products, provided that Amer21 ican-made equipment and products are cost-competitive,

22 quality-competitive, and available in a timely fashion.

23 SEC. 8046. None of the funds appropriated by this Act

24 shall be available for a contract for studies, analysis, or

25 consulting services entered into without competition on the
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1 basis of an unsolicited proposal unless the head of the activ2 ity responsible for the procurement determines—

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

4 only one source is found fully qualified to perform the

5 proposed work;

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

7 unsolicited proposal which offers significant scientific

8 or technological promise, represents the product of

9 original thinking, and was submitted in confidence

10 by one source; or

11 (3) the purpose of the contract is to take advan12 tage of unique and significant industrial accomplish13 ment by a specific concern, or to insure that a new

14 product or idea of a specific concern is given finan15 cial support:

16 Provided, That this limitation shall not apply to contracts

17 in an amount of less than $25,000, contracts related to im18 provements of equipment that is in development or produc19 tion, or contracts as to which a civilian official of the De20 partment of Defense, who has been confirmed by the Senate,

21 determines that the award of such contract is in the interest

22 of the national defense.

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

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

25 be used—
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1 (1) to establish a field operating agency; or

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

3 Armed Forces or civilian employee of the department

4 who is transferred or reassigned from a headquarters

5 activity if the member or employee’s place of duty re6 mains at the location of that headquarters.

7 (b) The Secretary of Defense or Secretary of a military

8 department may waive the limitations in subsection (a),

9 on a case-by-case basis, if the Secretary determines, and cer10 tifies to the Committees on Appropriations of the House of

11 Representatives and Senate that the granting of the waiver

12 will reduce the personnel requirements or the financial re13 quirements of the department.

14 (c) This section does not apply to field operating agen15 cies funded within the National Foreign Intelligence Pro16 gram.

17 SEC. 8048. Notwithstanding section 303 of Public Law

18 96–487 or any other provision of law, the Secretary of the

19 Navy is authorized to lease real and personal property at

20 Naval Air Facility, Adak, Alaska, pursuant to 10 U.S.C.

21 2667(f), for commercial, industrial or other purposes: Pro22 vided, That notwithstanding any other provision of law, the

23 Secretary of the Navy may remove hazardous materials

24 from facilities, buildings, and structures at Adak, Alaska,
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1 and may demolish or otherwise dispose of such facilities,

2 buildings, and structures.

3 (RESCISSIONS)

4 SEC. 8049. Of the funds appropriated in Department

5 of Defense Appropriations Acts, the following funds are

6 hereby rescinded from the following accounts and programs

7 in the specified amounts:

8 ‘‘Shipbuilding and Conversion, Navy, 2002/

9 2006’’, $55,000,000;

10 ‘‘Procurement of Ammunition, Army, 2003/

11 2005’’, $36,000,000;

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

13 $5,000,000;

14 ‘‘Procurement, Defense-Wide, 2003/2005’’,

15 $48,000,000;

16 ‘‘Research and Development, Defense-Wide, 2003/

17 2004’’, $25,000,000;

18 ‘‘National Defense Sealift Fund’’, $105,300,000.

19 SEC. 8050. None of the funds available in this Act may

20 be used to reduce the authorized positions for military (ci21 vilian) technicians of the Army National Guard, the Air

22 National Guard, Army Reserve and Air Force Reserve for

23 the purpose of applying any administratively imposed ci24 vilian personnel ceiling, freeze, or reduction on military (ci25 vilian) technicians, unless such reductions are a direct re26 sult of a reduction in military force structure.
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1 SEC. 8051. None of the funds appropriated or other2 wise made available in this Act may be obligated or ex3 pended for assistance to the Democratic People’s Republic

4 of North Korea unless specifically appropriated for that

5 purpose.

6 SEC. 8052. During the current fiscal year, funds ap7 propriated in this Act are available to compensate members

8 of the National Guard for duty performed pursuant to a

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

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

11 United States Code: Provided, That during the performance

12 of such duty, the members of the National Guard shall be

13 under State command and control: Provided further, That

14 such duty shall be treated as full-time National Guard duty

15 for purposes of sections 12602(a)(2) and (b)(2) of title 10,

16 United States Code.

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

20 for reimbursement of pay, allowances and other expenses

21 which would otherwise be incurred against appropriations

22 for the National Guard and Reserve when members of the

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

25 Agencies and Joint Intelligence Activities, including the ac-
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1 tivities and programs included within the National Foreign

2 Intelligence Program (NFIP), the Joint Military Intel3 ligence Program (JMIP), and the Tactical Intelligence and

4 Related Activities (TIARA) aggregate: Provided, That noth5 ing in this section authorizes deviation from established Re6 serve and National Guard personnel and training proce7 dures.

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

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

10 civilian medical and medical support personnel assigned to

11 military treatment facilities below the September 30, 2003

12 level: Provided, That the Service Surgeons General may

13 waive this section by certifying to the congressional defense

14 committees that the beneficiary population is declining in

15 some catchment areas and civilian strength reductions may

16 be consistent with responsible resource stewardship and

17 capitation-based budgeting.

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

20 the President submits to Congress the budget under section

21 1105 of title 31, United States Code, the Secretary of De22 fense shall submit to Congress a certification that the total

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

24 of equipment for the renovation of wedges 2 through 5 of

25 the Pentagon Reservation, cumulatively, will not exceed
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1 four times the total cost for the planning, design, construc2 tion, and installation of equipment for the renovation of

3 wedge 1.

4 (b) ANNUAL ADJUSTMENT.—For purposes of applying

5 the limitation in subsection (a), the Secretary shall adjust

6 the cost for the renovation of wedge 1 by any increase or

7 decrease in costs attributable to economic inflation, based

8 on the most recent economic assumptions issued by the Of9 fice of Management and Budget for use in preparation of

10 the budget of the United States under section 1104 of title

11 31, United States Code.

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

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

14 for wedges 2 through 5 shall not include—

15 (1) any repair or reconstruction cost incurred as

16 a result of the terrorist attack on the Pentagon that

17 occurred on September 11, 2001;

18 (2) any increase in costs for wedges 2 through 5

19 attributable to compliance with new requirements of

20 Federal, State, or local laws; and

21 (3) any increase in costs attributable to addi22 tional security requirements that the Secretary of De23 fense considers essential to provide a safe and secure

24 working environment.
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1 (d) CERTIFICATION COST REPORTS.—As part of the

2 annual certification under subsection (a), the Secretary

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

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

6 amount adjusted or otherwise excluded for such wedge

7 under the authority of paragraphs (2) and (3) of sub8 section (c) for the period covered by the certification;

9 and

10 (2) the repair and reconstruction of wedges 1

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

13 (e) DURATION OF CERTIFICATION REQUIREMENT.—

14 The requirement to make an annual certification under

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

16 Congress that the renovation of the Pentagon Reservation

17 is completed.

18 SEC. 8056. Notwithstanding any other provision of

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

20 this Act for environmental remediation may be obligated

21 under indefinite delivery/indefinite quantity contracts with

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

23 SEC. 8057. (a) None of the funds available to the De24 partment of Defense for any fiscal year for drug interdic25 tion or counter-drug activities may be transferred to any
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1 other department or agency of the United States except as

2 specifically provided in an appropriations law.

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

5 counter-drug activities may be transferred to any other de6 partment or agency of the United States except as specifi7 cally provided in an appropriations law.

8 (TRANSFER OF FUNDS)

9 SEC. 8058. Appropriations available in this Act under

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

11 for increasing energy and water efficiency in Federal build12 ings may, during their period of availability, be transferred

13 to other appropriations or funds of the Department of De14 fense for projects related to increasing energy and water ef15 ficiency, to be merged with and to be available for the same

16 general purposes, and for the same time period, as the ap17 propriation or fund to which transferred.

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

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

20 other than those produced by a domestic source and of do21 mestic origin: Provided, That the Secretary of the military

22 department responsible for such procurement may waive

23 this restriction on a case-by-case basis by certifying in writ24 ing to the Committees on Appropriations of the House of

25 Representatives and the Senate, that adequate domestic

26 supplies are not available to meet Department of Defense
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1 requirements on a timely basis and that such an acquisition

2 must be made in order to acquire capability for national

3 security purposes: Provided further, That this restriction

4 shall not apply to the purchase of ‘‘commercial items’’, as

5 defined by section 4(12) of the Office of Federal Procure6 ment Policy Act, except that the restriction shall apply to

7 ball or roller bearings purchased as end items.

8 SEC. 8060. Notwithstanding any other provision of

9 law, funds available to the Department of Defense shall be

10 made available to provide transportation of medical sup11 plies and equipment, on a nonreimbursable basis, to Amer12 ican Samoa, and funds available to the Department of De13 fense shall be made available to provide transportation of

14 medical supplies and equipment, on a nonreimbursable

15 basis, to the Indian Health Service when it is in conjunc16 tion with a civil-military project.

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

18 to purchase any supercomputer which is not manufactured

19 in the United States, unless the Secretary of Defense cer20 tifies to the congressional defense committees that such an

21 acquisition must be made in order to acquire capability for

22 national security purposes that is not available from

23 United States manufacturers.

24 SEC. 8062. Notwithstanding any other provision of

25 law, the Naval shipyards of the United States shall be eligi-
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1 ble to participate in any manufacturing extension program

2 financed by funds appropriated in this or any other Act

3 or hereafter in any other Act.

4 SEC. 8063. Notwithstanding any other provision of

5 law, each contract awarded by the Department of Defense

6 during the current fiscal year for construction or service

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

8 section 381(d) of title 10, United States Code) which is not

9 contiguous with another State and has an unemployment

10 rate in excess of the national average rate of unemployment

11 as determined by the Secretary of Labor, shall include a

12 provision requiring the contractor to employ, for the pur13 pose of performing that portion of the contract in such State

14 that is not contiguous with another State, individuals who

15 are residents of such State and who, in the case of any craft

16 or trade, possess or would be able to acquire promptly the

17 necessary skills: Provided, That the Secretary of Defense

18 may waive the requirements of this section, on a case-by19 case basis, in the interest of national security.

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

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

22 officer or employee of the Department of Defense who ap23 proves or implements the transfer of administrative respon24 sibilities or budgetary resources of any program, project,

25 or activity financed by this Act to the jurisdiction of an-
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1 other Federal agency not financed by this Act without the

2 express authorization of Congress: Provided, That this limi3 tation shall not apply to transfers of funds expressly pro4 vided for in Defense Appropriations Acts, or provisions of

5 Acts providing supplemental appropriations for the De6 partment of Defense.

7 SEC. 8065. (a) LIMITATION ON TRANSFER OF DE8 FENSE ARTICLESAND SERVICES.—Notwithstanding any

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

10 Department of Defense for the current fiscal year may be

11 obligated or expended to transfer to another nation or an

12 international organization any defense articles or services

13 (other than intelligence services) for use in the activities de14 scribed in subsection (b) unless the congressional defense

15 committees, the Committee on International Relations of

16 the House of Representatives, and the Committee on For17 eign Relations of the Senate are notified 15 days in advance

18 of such transfer.

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

20 (1) any international peacekeeping or peace-en21 forcement operation under the authority of chapter VI

22 or chapter VII of the United Nations Charter under

23 the authority of a United Nations Security Council

24 resolution; and
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1 (2) any other international peacekeeping, peace2 enforcement, or humanitarian assistance operation.

3 (c) REQUIRED NOTICE.—A notice under subsection (a)

4 shall include the following:

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

6 services to be transferred.

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

8 supplies, or services to be transferred.

9 (3) In the case of a proposed transfer of equip10 ment or supplies—

11 (A) a statement of whether the inventory re12 quirements of all elements of the Armed Forces

13 (including the reserve components) for the type

14 of equipment or supplies to be transferred have

15 been met; and

16 (B) a statement of whether the items pro17 posed to be transferred will have to be replaced

18 and, if so, how the President proposes to provide

19 funds for such replacement.

20 SEC. 8066. To the extent authorized by subchapter VI

21 of chapter 148 of title 10, United States Code, the Secretary

22 of Defense may issue loan guarantees in support of United

23 States defense exports not otherwise provided for: Provided,

24 That the total contingent liability of the United States for

25 guarantees issued under the authority of this section may
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1 not exceed $15,000,000,000: Provided further, That the ex2 posure fees charged and collected by the Secretary for each

3 guarantee shall be paid by the country involved and shall

4 not be financed as part of a loan guaranteed by the United

5 States: Provided further, That the Secretary shall provide

6 quarterly reports to the Committees on Appropriations,

7 Armed Services, and Foreign Relations of the Senate and

8 the Committees on Appropriations, Armed Services, and

9 International Relations in the House of Representatives on

10 the implementation of this program: Provided further, That

11 amounts charged for administrative fees and deposited to

12 the special account provided for under section 2540c(d) of

13 title 10, shall be available for paying the costs of adminis14 trative expenses of the Department of Defense that are at15 tributable to the loan guarantee program under subchapter

16 VI of chapter 148 of title 10, United States Code.

17 SEC. 8067. None of the funds available to the Depart18 ment of Defense under this Act shall be obligated or ex19 pended to pay a contractor under a contract with the De20 partment of Defense for costs of any amount paid by the

21 contractor to an employee when—

22 (1) such costs are for a bonus or otherwise in ex23 cess of the normal salary paid by the contractor to the

24 employee; and
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1 (2) such bonus is part of restructuring costs asso2 ciated with a business combination.

3 SEC. 8068. (a) None of the funds appropriated or oth4 erwise made available in this Act may be used to transport

5 or provide for the transportation of chemical munitions or

6 agents to the Johnston Atoll for the purpose of storing or

7 demilitarizing such munitions or agents.

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

9 to any obsolete World War II chemical munition or agent

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

11 Theater of Operations.

12 (c) The President may suspend the application of sub13 section (a) during a period of war in which the United

14 States is a party.

15 (INCLUDING TRANSFER OF FUNDS)

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

17 than $30,000,000 of appropriations made in this Act under

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

19 may be transferred to appropriations available for the pay

20 of military personnel, to be merged with, and to be available

21 for the same time period as the appropriations to which

22 transferred, to be used in support of such personnel in con23 nection with support and services for eligible organizations

24 and activities outside the Department of Defense pursuant

25 to section 2012 of title 10, United States Code.
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1 SEC. 8070. During the current fiscal year, in the case

2 of an appropriation account of the Department of Defense

3 for which the period of availability for obligation has ex4 pired or which has closed under the provisions of section

5 1552 of title 31, United States Code, and which has a nega6 tive unliquidated or unexpended balance, an obligation or

7 an adjustment of an obligation may be charged to any cur8 rent appropriation account for the same purpose as the ex9 pired or closed account if—

10 (1) the obligation would have been properly

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

12 closed account before the end of the period of avail13 ability or closing of that account;

14 (2) the obligation is not otherwise properly

15 chargeable to any current appropriation account of

16 the Department of Defense; and

17 (3) in the case of an expired account, the obliga18 tion is not chargeable to a current appropriation of

19 the Department of Defense under the provisions of sec20 tion 1405(b)(8) of the National Defense Authorization

21 Act for Fiscal Year 1991, Public Law 101–510, as

22 amended (31 U.S.C. 1551 note): Provided, That in

23 the case of an expired account, if subsequent review

24 or investigation discloses that there was not in fact a

25 negative unliquidated or unexpended balance in the
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1 account, any charge to a current account under the

2 authority of this section shall be reversed and re3 corded against the expired account: Provided further,

4 That the total amount charged to a current appro5 priation under this section may not exceed an

6 amount equal to 1 percent of the total appropriation

7 for that account.

8 SEC. 8071. Funds appropriated in title II of this Act

9 and for the Defense Health Program in title VI of this Act

10 for supervision and administration costs for facilities

11 maintenance and repair, minor construction, or design

12 projects, or any planning studies, environmental assess13 ments, or similar activities related to installation support

14 functions, may be obligated at the time the reimbursable

15 order is accepted by the performing activity: Provided, That

16 for the purpose of this section, supervision and administra17 tion costs includes all in-house Government cost.

18 SEC. 8072. (a) Notwithstanding any other provision

19 of law, the Chief of the National Guard Bureau may permit

20 the use of equipment of the National Guard Distance Learn21 ing Project by any person or entity on a space-available,

22 reimbursable basis. The Chief of the National Guard Bu23 reau shall establish the amount of reimbursement for such

24 use on a case-by-case basis.
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1 (b) Amounts collected under subsection (a) shall be

2 credited to funds available for the National Guard Distance

3 Learning Project and be available to defray the costs associ4 ated with the use of equipment of the project under that

5 subsection. Such funds shall be available for such purposes

6 without fiscal year limitation.

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

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

9 determination under section 2690 of title 10, United States

10 Code, may implement cost-effective agreements for required

11 heating facility modernization in the Kaiserslautern Mili12 tary Community in the Federal Republic of Germany: Pro13 vided, That in the City of Kaiserslautern such agreements

14 will include the use of United States anthracite as the base

15 load energy for municipal district heat to the United States

16 Defense installations: Provided further, That at Landstuhl

17 Army Regional Medical Center and Ramstein Air Base,

18 furnished heat may be obtained from private, regional or

19 municipal services, if provisions are included for the con20 sideration of United States coal as an energy source.

21 SEC. 8074. None of the funds appropriated in title IV

22 of this Act may be used to procure end-items for delivery

23 to military forces for operational training, operational use

24 or inventory requirements: Provided, That this restriction

25 does not apply to end-items used in development, proto-
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1 typing, and test activities preceding and leading to accept2 ance for operational use: Provided further, That this restric3 tion does not apply to programs funded within the National

4 Foreign Intelligence Program: Provided further, That the

5 Secretary of Defense may waive this restriction on a case6 by-case basis by certifying in writing to the Committees on

7 Appropriations of the House of Representatives and the

8 Senate that it is in the national security interest to do so.

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

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

11 22 advanced tactical fighter to any foreign government.

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

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

14 each limitation on the procurement of defense items from

15 foreign sources provided in law if the Secretary determines

16 that the application of the limitation with respect to that

17 country would invalidate cooperative programs entered into

18 between the Department of Defense and the foreign country,

19 or would invalidate reciprocal trade agreements for the pro20 curement of defense items entered into under section 2531

21 of title 10, United States Code, and the country does not

22 discriminate against the same or similar defense items pro23 duced in the United States for that country.

24 (b) Subsection (a) applies with respect to—
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1 (1) contracts and subcontracts entered into on or

2 after the date of the enactment of this Act; and

3 (2) options for the procurement of items that are

4 exercised after such date under contracts that are en5 tered into before such date if the option prices are ad6 justed for any reason other than the application of a

7 waiver granted under subsection (a).

8 (c) Subsection (a) does not apply to a limitation re9 garding construction of public vessels, ball and roller bear10 ings, food, and clothing or textile materials as defined by

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

12 Schedule and products classified under headings 4010,

13 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through

14 7229, 7304.41 through 7304.49, 7306.40, 7502 through

15 7508, 8105, 8108, 8109, 8211, 8215, and 9404.

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

17 available by this Act may be used to support any training

18 program involving a unit of the security forces of a foreign

19 country if the Secretary of Defense has received credible in20 formation from the Department of State that the unit has

21 committed a gross violation of human rights, unless all nec22 essary corrective steps have been taken.

23 (b) MONITORING.—The Secretary of Defense, in con24 sultation with the Secretary of State, shall ensure that prior

25 to a decision to conduct any training program referred to
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1 in subsection (a), full consideration is given to all credible

2 information available to the Department of State relating

3 to human rights violations by foreign security forces.

4 (c) WAIVER.—The Secretary of Defense, after consulta5 tion with the Secretary of State, may waive the prohibition

6 in subsection (a) if he determines that such waiver is re7 quired by extraordinary circumstances.

8 (d) REPORT.—Not more than 15 days after the exercise

9 of any waiver under subsection (c), the Secretary of Defense

10 shall submit a report to the congressional defense commit11 tees describing the extraordinary circumstances, the purpose

12 and duration of the training program, the United States

13 forces and the foreign security forces involved in the train14 ing program, and the information relating to human rights

15 violations that necessitates the waiver.

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

17 with the Secretary of Health and Human Services, may

18 carry out a program to distribute surplus dental equipment

19 of the Department of Defense, at no cost to the Department

20 of Defense, to Indian Health Service facilities and to feder21 ally-qualified health centers (within the meaning of section

22 1905(l)(2)(B) of the Social Security Act (42 U.S.C.

23 1396d(l)(2)(B))).

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

25 available in this Act to the Department of the Navy shall
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1 be used to develop, lease or procure the T–AKE class of ships

2 unless the main propulsion diesel engines and propulsors

3 are manufactured in the United States by a domestically

4 operated entity: Provided, That the Secretary of Defense

5 may waive this restriction on a case-by-case basis by certi6 fying in writing to the Committees on Appropriations of

7 the House of Representatives and the Senate that adequate

8 domestic supplies are not available to meet Department of

9 Defense requirements on a timely basis and that such an

10 acquisition must be made in order to acquire capability for

11 national security purposes or there exists a significant cost

12 or quality difference.

13 SEC. 8080. None of the funds appropriated or other14 wise made available by this or other Department of Defense

15 Appropriations Acts may be obligated or expended for the

16 purpose of performing repairs or maintenance to military

17 family housing units of the Department of Defense, includ18 ing areas in such military family housing units that may

19 be used for the purpose of conducting official Department

20 of Defense business.

21 SEC. 8081. Notwithstanding any other provision of

22 law, funds appropriated in this Act under the heading ‘‘Re23 search, Development, Test and Evaluation, Defense-Wide’’

24 for any advanced concept technology demonstration project

25 may only be obligated 30 days after a report, including a
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1 description of the project, the planned acquisition and tran2 sition strategy and its estimated annual and total cost, has

3 been provided in writing to the congressional defense com4 mittees: Provided, That the Secretary of Defense may waive

5 this restriction on a case-by-case basis by certifying to the

6 congressional defense committees that it is in the national

7 interest to do so.

8 SEC. 8082. (a) LIMITATION ON AVAILABILITY OF

9 FUNDSFOR OFFICE OF UNDER SECRETARY OF DEFENSE

10 FOR INTELLIGENCE.—No funds appropriated or otherwise

11 made available by this Act for the Office of the Under Sec12 retary of Defense for Intelligence may be obligated or ex13 pended until 30 days after the date on which the report

14 referred to in subsection (c) is submitted to Congress.

15 (b) LIMITATION ON AVAILABILITY OF FUNDSFOR

16 CLANDESTINE MILITARY ACTIVITIES.—No funds appro17 priated or otherwise made available by this Act may be obli18 gated or expended for clandestine military activities until

19 the date on which the report referred to in subsection (c)

20 is submitted to Congress.

21 (c) REPORT.—The report referred to in this subsection

22 is the report required to be submitted to Congress in the

23 classified annex to the Emergency Wartime Supplemental

24 Appropriations Act, 2003 (Public Law 108–11).
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1 SEC. 8083. During the current fiscal year, refunds at2 tributable to the use of the Government travel card, refunds

3 attributable to the use of the Government Purchase Card

4 and refunds attributable to official Government travel ar5 ranged by Government Contracted Travel Management

6 Centers may be credited to operation and maintenance ac7 counts of the Department of Defense which are current when

8 the refunds are received. Not more than $1,000,000 of the

9 amount so credited may be available to provide assistance

10 to spouses and other dependents of deployed members of the

11 Armed Forces to defray the travel expenses of such spouses

12 and other dependents when visiting family members.

13 SEC. 8084. (a) REGISTERING FINANCIAL MANAGE14 MENT INFORMATION TECHNOLOGY SYSTEMS WITH DOD

15 CHIEF INFORMATION OFFICER.—None of the funds appro16 priated in this Act may be used for a mission critical or

17 mission essential financial management information tech18 nology system (including a system funded by the defense

19 working capital fund) that is not registered with the Chief

20 Information Officer of the Department of Defense. A system

21 shall be considered to be registered with that officer upon

22 the furnishing to that officer of notice of the system, together

23 with such information concerning the system as the Sec24 retary of Defense may prescribe. A financial management

25 information technology system shall be considered a mission
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1 critical or mission essential information technology system

2 as defined by the Under Secretary of Defense (Comptroller).

3 (b) CERTIFICATIONSASTO COMPLIANCE WITH FINAN4 CIAL MANAGEMENT MODERNIZATION PLAN.—

5 (1) During the current fiscal year, a financial

6 management automated information system, a mixed

7 information system supporting financial and non-fi8 nancial systems, or a system improvement of more

9 than $1,000,000 may not receive Milestone A ap10 proval, Milestone B approval, or full rate production,

11 or their equivalent, within the Department of Defense

12 until the Under Secretary of Defense (Comptroller)

13 certifies, with respect to that milestone, that the sys14 tem is being developed and managed in accordance

15 with the Department’s Financial Management Mod16 ernization Plan. The Under Secretary of Defense

17 (Comptroller) may require additional certifications,

18 as appropriate, with respect to any such system.

19 (2) The Chief Information Officer shall provide

20 the congressional defense committees timely notifica21 tion of certifications under paragraph (1).

22 (c) CERTIFICATIONSASTO COMPLIANCE WITH

23 CLINGER-COHEN ACT.—(1) During the current fiscal year,

24 a major automated information system may not receive

25 Milestone A approval, Milestone B approval, or full rate
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1 production approval, or their equivalent, within the De2 partment of Defense until the Chief Information Officer cer3 tifies, with respect to that milestone, that the system is being

4 developed in accordance with the Clinger-Cohen Act of 1996

5 (40 U.S.C. 1401 et seq.). The Chief Information Officer may

6 require additional certifications, as appropriate, with re7 spect to any such system.

8 (2) The Chief Information Officer shall provide the

9 congressional defense committees timely notification of cer10 tifications under paragraph (1). Each such notification

11 shall include, at a minimum, the funding baseline and

12 milestone schedule for each system covered by such a certifi13 cation and confirmation that the following steps have been

14 taken with respect to the system:

15 (A) Business process reengineering.

16 (B) An analysis of alternatives.

17 (C) An economic analysis that includes a cal18 culation of the return on investment.

19 (D) Performance measures.

20 (E) An information assurance strategy con21 sistent with the Department’s Global Information

22 Grid.

23 (d) DEFINITIONS.—For purposes of this section:

24 (1) The term ‘‘Chief Information Officer’’ means

25 the senior official of the Department of Defense des-
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1 ignated by the Secretary of Defense pursuant to sec2 tion 3506 of title 44, United States Code.

3 (2) The term ‘‘information technology system’’

4 has the meaning given the term ‘‘information tech5 nology’’ in section 5002 of the Clinger-Cohen Act of

6 1996 (40 U.S.C. 1401).

7 SEC. 8085. During the current fiscal year, none of the

8 funds available to the Department of Defense may be used

9 to provide support to another department or agency of the

10 United States if such department or agency is more than

11 90 days in arrears in making payment to the Department

12 of Defense for goods or services previously provided to such

13 department or agency on a reimbursable basis: Provided,

14 That this restriction shall not apply if the department is

15 authorized by law to provide support to such department

16 or agency on a nonreimbursable basis, and is providing the

17 requested support pursuant to such authority: Provided fur18 ther, That the Secretary of Defense may waive this restric19 tion on a case-by-case basis by certifying in writing to the

20 Committees on Appropriations of the House of Representa21 tives and the Senate that it is in the national security inter22 est to do so.

23 SEC. 8086. None of the funds provided in this Act may

24 be used to transfer to any nongovernmental entity ammuni25 tion held by the Department of Defense that has a center-
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1 fire cartridge and a United States military nomenclature

2 designation of ‘‘armor penetrator’’, ‘‘armor piercing (AP)’’,

3 ‘‘armor piercing incendiary (API)’’, or ‘‘armor-piercing in4 cendiary-tracer (API–T)’’, except to an entity performing

5 demilitarization services for the Department of Defense

6 under a contract that requires the entity to demonstrate to

7 the satisfaction of the Department of Defense that armor

8 piercing projectiles are either: (1) rendered incapable of

9 reuse by the demilitarization process; or (2) used to manu10 facture ammunition pursuant to a contract with the De11 partment of Defense or the manufacture of ammunition for

12 export pursuant to a License for Permanent Export of Un13 classified Military Articles issued by the Department of

14 State.

15 SEC. 8087. Notwithstanding any other provision of

16 law, the Chief of the National Guard Bureau, or his des17 ignee, may waive payment of all or part of the consider18 ation that otherwise would be required under 10 U.S.C.

19 2667, in the case of a lease of personal property for a period

20 not in excess of 1 year to any organization specified in 32

21 U.S.C. 508(d), or any other youth, social, or fraternal non22 profit organization as may be approved by the Chief of the

23 National Guard Bureau, or his designee, on a case-by-case

24 basis.
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1 SEC. 8088. None of the funds appropriated by this Act

2 shall be used for the support of any nonappropriated funds

3 activity of the Department of Defense that procures malt

4 beverages and wine with nonappropriated funds for resale

5 (including such alcoholic beverages sold by the drink) on

6 a military installation located in the United States unless

7 such malt beverages and wine are procured within that

8 State, or in the case of the District of Columbia, within

9 the District of Columbia, in which the military installation

10 is located: Provided, That in a case in which the military

11 installation is located in more than one State, purchases

12 may be made in any State in which the installation is lo13 cated: Provided further, That such local procurement re14 quirements for malt beverages and wine shall apply to all

15 alcoholic beverages only for military installations in States

16 which are not contiguous with another State: Provided fur17 ther, That alcoholic beverages other than wine and malt bev18 erages, in contiguous States and the District of Columbia

19 shall be procured from the most competitive source, price

20 and other factors considered.

21 SEC. 8089. (a) The Department of Defense is author22 ized to enter into agreements with the Department of Vet23 erans Affairs and federally-funded health agencies pro24 viding services to Native Hawaiians for the purpose of es25 tablishing a partnership similar to the Alaska Federal
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1 Health Care Partnership, in order to maximize Federal re2 sources in the provision of health care services by federally3 funded health agencies, applying telemedicine technologies.

4 For the purpose of this partnership, Native Hawaiians

5 shall have the same status as other Native Americans who

6 are eligible for the health care services provided by the In7 dian Health Service.

8 (b) The Department of Defense is authorized to develop

9 a consultation policy, consistent with Executive Order No.

10 13084 (issued May 14, 1998), with Native Hawaiians for

11 the purpose of assuring maximum Native Hawaiian par12 ticipation in the direction and administration of govern13 mental services so as to render those services more respon14 sive to the needs of the Native Hawaiian community.

15 (c) For purposes of this section, the term ‘‘Native Ha16 waiian’’ means any individual who is a descendant of the

17 aboriginal people who, prior to 1778, occupied and exer18 cised sovereignty in the area that now comprises the State

19 of Hawaii.

20 SEC. 8090. Funds available to the Department of De21 fense for the Global Positioning System during the current

22 fiscal year may be used to fund civil requirements associ23 ated with the satellite and ground control segments of such

24 system’s modernization program.
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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8091. (a) Of the amounts appropriated in this

3 Act under the heading, ‘‘Research, Development, Test and

4 Evaluation, Defense-Wide’’, $48,000,000 shall remain

5 available until expended: Provided, That notwithstanding

6 any other provision of law, the Secretary of Defense is au7 thorized to transfer such funds to other activities of the Fed8 eral Government.

9 (b) Of the amounts appropriated in this Act under the

10 heading, ‘‘Operation and Maintenance, Army’’,

11 $177,000,000 shall remain available until expended: Pro12 vided, That notwithstanding any other provision of law, the

13 Secretary of Defense is authorized to transfer such funds

14 to other activities of the Federal Government: Provided fur15 ther, That the Secretary of Defense is authorized to enter

16 into and carry out contracts for the acquisition of real

17 property, construction, personal services, and operations re18 lated to projects described in further detail in the Classified

19 Annex accompanying the Department of Defense Appro20 priations Act, 2004, consistent with the terms and condi21 tions set forth herein: Provided further, That contracts en22 tered into under the authority of this section may provide

23 for such indemnification as the Secretary determines to be

24 necessary: Provided further, That projects authorized by

25 this section shall comply with applicable Federal, State,
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1 and local law to the maximum extent consistent with the

2 national security, as determined by the Secretary of De3 fense.

4 SEC. 8092. Section 8106 of the Department of Defense

5 Appropriations Act, 1997 (titles I through VIII of the mat6 ter under subsection 101(b) of Public Law 104–208; 110

7 Stat. 3009–111; 10 U.S.C. 113 note) shall continue in effect

8 to apply to disbursements that are made by the Department

9 of Defense in fiscal year 2004.

10 (INCLUDING TRANSFER OF FUNDS)

11 SEC. 8093. Of the amounts appropriated in this Act

12 under the heading ‘‘Research, Development, Test and Eval13 uation, Defense-Wide’’, $154,800,000 shall be made avail14 able for the Arrow missile defense program: Provided, That

15 of this amount, $10,000,000 shall be available for the pur16 pose of continuing the Arrow System Improvement Pro17 gram (ASIP), and $80,000,000 shall be available for the

18 purpose of producing Arrow missile components in the

19 United States and Arrow missile components and missiles

20 in Israel to meet Israel’s defense requirements, consistent

21 with each nation’s laws, regulations and procedures: Pro22 vided further, That funds made available under this provi23 sion for production of missiles and missile components may

24 be transferred to appropriations available for the procure25 ment of weapons and equipment, to be merged with and

26 to be available for the same time period and the same pur-
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1 poses as the appropriation to which transferred: Provided

2 further, That the transfer authority provided under this

3 provision is in addition to any other transfer authority con4 tained in this Act.

5 SEC. 8094. In addition to amounts provided in this

6 Act, $90,000,000 is hereby appropriated for ‘‘Aircraft Pro7 curement, Navy’’: Provided, That these funds shall be avail8 able only for transfer to the Coast Guard for mission essen9 tial equipment for Coast Guard HC–130J aircraft.

10 (INCLUDING TRANSFER OF FUNDS)

11 SEC. 8095. Of the amounts appropriated in this Act

12 under the heading ‘‘Shipbuilding and Conversion, Navy’’,

13 $635,502,000 shall be available until September 30, 2004,

14 to fund prior year shipbuilding cost increases: Provided,

15 That upon enactment of this Act, the Secretary of Navy

16 shall transfer such funds to the following appropriations in

17 the amount specified: Provided further, That the amounts

18 transferred shall be merged with and be available for the

19 same purposes as the appropriations to which transferred:

20 To:

21 Under the heading, ‘‘Shipbuilding and Con22 version, Navy, 1996/04’’:

23 LPD–17 Amphibious Transport Dock

24 Ship Program, $95,300,000.

25 Under the heading, ‘‘Shipbuilding and Con26 version, Navy, 1998/04’’:
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1 New SSN, $81,060,000.

2 Under the heading, ‘‘Shipbuilding and Con3 version, Navy, 1999/04’’:

4 DDG–51 Destroyer Program,

5 $44,420,000;

6 New SSN, $156,978,000;

7 LPD–17 Amphibious Transport Dock

8 Ship Program, $51,100,000.

9 Under the heading, ‘‘Shipbuilding and Con10 version, Navy, 2000/04’’:

11 DDG–51 Destroyer Program,

12 $24,510,000;

13 LPD–17 Amphibious Transport Dock

14 Ship Program, $112,778,000.

15 Under the heading, ‘‘Shipbuilding and Con16 version, Navy, 2001/04’’:

17 DDG–51 Destroyer Program,

18 $6,984,000;

19 New SSN, $62,372,000.

20 SEC. 8096. The Secretary of the Navy may settle, or

21 compromise, and pay any and all admiralty claims under

22 10 U.S.C. 7622 arising out of the collision involving the

23 U.S.S. GREENEVILLE and the EHIME MARU, in any

24 amount and without regard to the monetary limitations in

25 subsections (a) and (b) of that section: Provided, That such
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1 payments shall be made from funds available to the Depart2 ment of the Navy for operation and maintenance.

3 SEC. 8097. Notwithstanding any other provision of

4 law or regulation, the Secretary of Defense may exercise the

5 provisions of 38 U.S.C. 7403(g) for occupations listed in

6 38 U.S.C. 7403(a)(2) as well as the following:

7 Pharmacists, Audiologists, and Dental Hygien8 ists.

9 (A) The requirements of 38 U.S.C.

10 7403(g)(1)(A) shall apply.

11 (B) The limitations of 38 U.S.C.

12 7403(g)(1)(B) shall not apply.

13 SEC. 8098. Funds appropriated by this Act, or made

14 available by transfer of funds in this Act, for intelligence

15 activities are deemed to be specifically authorized by the

16 Congress for purposes of section 504 of the National Secu17 rity Act of 1947 (50 U.S.C. 414) during fiscal year 2004

18 until the enactment of the Intelligence Authorization Act

19 for fiscal year 2004.

20 SEC. 8099. In addition to funds made available else21 where in this Act $5,500,000 is hereby appropriated and

22 shall remain available until expended to provide assistance,

23 by grant or otherwise (such as, but not limited to, the provi24 sion of funds for repairs, maintenance, construction, and/

25 or for the purchase of information technology, text books,
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1 teaching resources), to public schools that have unusually

2 high concentrations of special needs military dependents en3 rolled: Provided, That in selecting school systems to receive

4 such assistance, special consideration shall be given to

5 school systems in States that are considered overseas assign6 ments, and all schools within these school systems shall be

7 eligible for assistance: Provided further, That up to

8 $2,000,000 shall be available for the Department of Defense

9 to establish a non-profit trust fund to assist in the public10 private funding of public school repair and maintenance

11 projects, or provide directly to non-profit organizations who

12 in return will use these monies to provide assistance in the

13 form of repair, maintenance, or renovation to public school

14 systems that have high concentrations of special needs mili15 tary dependents and are located in States that are consid16 ered overseas assignments, and of which 2 percent shall be

17 available to support the administration and execution of

18 the funds: Provided further, That to the extent a federal

19 agency provides this assistance, by contract, grant, or other20 wise, it may accept and expend non-federal funds in com21 bination with these federal funds to provide assistance for

22 the authorized purpose, if the non-federal entity requests

23 such assistance and the non-federal funds are provided on

24 a reimbursable basis.
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1 SEC. 8100. None of the funds in this Act may be used

2 to initiate a new start program without prior notification

3 to the Office of Secretary of Defense and the congressional

4 defense committees.

5 SEC. 8101. Of the funds made available in this Act,

6 not less than $56,400,000 shall be available to maintain

7 an attrition reserve force of 18 B–52 aircraft, of which

8 $3,800,000 shall be available from ‘‘Military Personnel, Air

9 Force’’, $35,900,000 shall be available from ‘‘Operation and

10 Maintenance, Air Force’’, and $16,700,000 shall be avail11 able from ‘‘Aircraft Procurement, Air Force’’: Provided,

12 That the Secretary of the Air Force shall maintain a total

13 force of 94 B–52 aircraft, including 18 attrition reserve air14 craft, during fiscal year 2004: Provided further, That the

15 Secretary of Defense shall include in the Air Force budget

16 request for fiscal year 2005 amounts sufficient to maintain

17 a B–52 force totaling 94 aircraft.

18 SEC. 8102. As an interim capability to enhance Army

19 lethality, survivability, and mobility for light and medium

20 forces before complete fielding of the Objective Force, the

21 Army shall ensure that budgetary and programmatic plans

22 will provide for no fewer than six Stryker Brigade Combat

23 Teams to be fielded between 2003 and 2008.

24 SEC. 8103. Of the funds made available under the

25 heading ‘‘Operation and Maintenance, Air Force’’,
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1 $8,000,000 shall be available to realign railroad track on

2 Elmendorf Air Force Base and Fort Richardson.

3 (TRANSFER OF FUNDS)

4 SEC. 8104. Of the amounts appropriated in Public

5 Law 107–206 under the heading ‘‘Defense Emergency Re6 sponse Fund’’, an amount up to the fair market value of

7 the leasehold interest in adjacent properties necessary for

8 the force protection requirements of Tooele Army Depot,

9 Utah, may be made available to resolve any property dis10 putes associated with Tooele Army Depot, Utah, and to ac11 quire such leasehold interest as required: Provided, That

12 none of these funds may be used to acquire fee title to the

13 properties.

14 SEC. 8105. Up to $3,000,000 of the funds appropriated

15 under the heading ‘‘Operation and Maintenance, Navy’’ in

16 this Act for the Pacific Missile Range Facility may be made

17 available to contract for the repair, maintenance, and oper18 ation of adjacent off-base water, drainage, and flood control

19 systems, electrical upgrade to support additional missions

20 critical to base operations, and support for a range foot21 print expansion to further guard against encroachment.

22 (TRANSFER OF FUNDS)

23 SEC. 8106. In addition to the amounts appropriated

24 or otherwise made available in this Act, $24,000,000, to re25 main available until September 30, 2004, is hereby appro26 priated to the Department of Defense: Provided, That the
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1 Secretary of Defense shall make grants in the amount of

2 $5,000,000 to the American Red Cross for Armed Forces

3 Emergency Services; $10,000,000 for the Fort Benning In4 fantry Museum; $2,500,000 to the National Guard Youth

5 Foundation; $3,000,000 to the Chicago Park District for

6 renovation of the Broadway Armory; and $3,500,000 to the

7 National D-Day Museum.

8 SEC. 8107. None of the funds appropriated in this Act

9 under the heading ‘‘Overseas Contingency Operations

10 Transfer Account’’ may be transferred or obligated for De11 partment of Defense expenses not directly related to the con12 duct of overseas contingencies: Provided, That the Secretary

13 of Defense shall submit a report no later than 30 days after

14 the end of each fiscal quarter to the Committees on Appro15 priations of the Senate and House of Representatives that

16 details any transfer of funds from the ‘‘Overseas Contin17 gency Operations Transfer Fund’’: Provided further, That

18 the report shall explain any transfer for the maintenance

19 of real property, pay of civilian personnel, base operations

20 support, and weapon, vehicle or equipment maintenance.

21 SEC. 8108. For purposes of section 1553(b) of title 31,

22 United States Code, any subdivision of appropriations

23 made in this Act under the heading ‘‘Shipbuilding and

24 Conversion, Navy’’ shall be considered to be for the same

25 purpose as any subdivision under the heading ‘‘Ship-
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1 building and Conversion, Navy’’ appropriations in any

2 prior year, and the 1 percent limitation shall apply to the

3 total amount of the appropriation.

4 SEC. 8109. The budget of the President for fiscal year

5 2005 submitted to the Congress pursuant to section 1105

6 of title 31, United States Code, and each annual budget re7 quest thereafter, shall include separate budget justification

8 documents for costs of United States Armed Forces’ partici9 pation in contingency operations for the Military Personnel

10 accounts, the Overseas Contingency Operations Transfer

11 Account, the Operation and Maintenance accounts, and the

12 Procurement accounts: Provided, That these budget jus13 tification documents shall include a description of the fund14 ing requested for each anticipated contingency operation,

15 for each military service, to include active duty and Guard

16 and Reserve components, and for each appropriation ac17 count: Provided further, That these documents shall include

18 estimated costs for each element of expense or object class,

19 a reconciliation of increases and decreases for ongoing con20 tingency operations, and programmatic data including, but

21 not limited to troop strength for each active duty and

22 Guard and Reserve component, and estimates of the major

23 weapons systems deployed in support of each contingency:

24 Provided further, That these documents shall include budget

25 exhibits OP–5 and OP–32, as defined in the Department
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1 of Defense Financial Management Regulation, for the Over2 seas Contingency Operations Transfer Account for fiscal

3 years 2003 and 2004.

4 SEC. 8110. None of the funds in this Act may be used

5 for research, development, test, evaluation, procurement or

6 deployment of nuclear armed interceptors of a missile de7 fense system.

8 SEC. 8111. Of the amounts appropriated in this Act

9 under the headings ‘‘Research, Development, Test and

10 Evaluation, Navy’’ and ‘‘Operation and Maintenance, De11 fense-Wide’’ $65,200,000 shall be transferred to such ap12 propriations available to the Department of Defense as

13 may be required to carry out the intent of Congress as ex14 pressed in the Classified Annex accompanying the Depart15 ment of Defense Appropriations Act, 2004, and amounts

16 so transferred shall be available for the same purposes and

17 for the same time period as the appropriations to which

18 transferred.

19 SEC. 8112. During the current fiscal year, section

20 2533a(f) of Title 10, United States Code, shall not apply

21 to any fish, shellfish, or seafood product. This section is ap22 plicable to contracts and subcontracts for the procurement

23 of commercial items notwithstanding section 34 of the Office

24 of Federal Procurement Policy Act (41 U.S.C. 430).
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1 SEC. 8113. 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, ‘‘Operation

4 and Maintenance, Navy’’, to liquidate the expenses incurred

5 for private security guard services performed at the Naval

6 Support Unit, Saratoga Springs, New York by Burns Inter7 national Security Services, Albany, New York in the

8 amount of $29,323.35, plus accrued interest, if any.

9 SEC. 8114. Funds available to the Department of De10 fense under the heading ‘‘RESEARCH, DEVELOPMENT, TEST

11 AND EVALUATION, DEFENSE-WIDE’’ for the Missile Defense

12 Agency may be used for the development and fielding of

13 an initial set of missile defense capabilities.

14 SEC. 8115. Of the amounts provided in title II of this

15 Act under the heading, ‘‘Operation and Maintenance, De16 fense-Wide’’, $20,000,000 is available for the Regional De17 fense Counter-terrorism Fellowship Program, to fund the

18 education and training of foreign military officers, min19 istry of defense civilians, and other foreign security offi20 cials, to include United States military officers and civilian

21 officials whose participation directly contributes to the edu22 cation and training of these foreign students.

23 SEC. 8116. Up to $2,000,000 of the funds appropriated

24 by this Act under the heading, ‘‘Operation and Mainte25 nance, Army’’, may be made available to contract for serv-
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1 ices required to solicit non-Federal donations to support

2 construction and operation of the United States Army Mu3 seum at Fort Belvoir, Virginia: Provided, That notwith4 standing any other provision of law, the Army is authorized

5 to receive future payments in this or the subsequent fiscal

6 year from any non-profit organization chartered to support

7 the United States Army Museum to reimburse amounts ex8 pended by the Army pursuant to this section: Provided fur9 ther, That any reimbursements received pursuant to this

10 section shall be merged with ‘‘Operation and Maintenance,

11 Army’’ and shall be made available for the same purposes

12 and for the same time period as that appropriation ac13 count.

14 SEC. 8117. DESIGNATION OF AMERICA’S NATIONAL

15 WORLD WAR II MUSEUM. (a) FINDINGS.—Congress makes

16 the following findings:

17 (1) The National D-Day Museum, operated in

18 New Orleans, Louisiana by an educational founda19 tion, has been established with the vision ‘‘to celebrate

20 the American Spirit’’.

21 (2) The National D-Day Museum is the only

22 museum in the United States that exists for the exclu23 sive purpose of interpreting the American experience

24 during the World War II years (1939–1945) on both

25 the battlefront and the home front and, in doing so,
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1 covers all of the branches of the Armed Forces and the

2 Merchant Marine.

3 (3) The National D-Day Museum was founded

4 by the preeminent American historian, Stephen E.

5 Ambrose, as a result of a conversation with President

6 Dwight D. Eisenhower in 1963, when the President

7 and former Supreme Commander, Allied Expedi8 tionary Forces in Europe, credited Andrew Jackson

9 Higgins, the chief executive officer of Higgins Indus10 tries in New Orleans, as the ‘‘man who won the war

11 for us’’ because the 12,000 landing craft designed by

12 Higgins Industries made possible all of the amphib13 ious invasions of World War II and carried American

14 soldiers into every theatre of the war.

15 (4) The National D-Day Museum, since its

16 grand opening on June 6, 2000, the 56th anniversary

17 of the D-Day invasion of Normandy, has attracted

18 nearly 1,000,000 visitors from around the world, 85

19 percent of whom have been Americans from across the

20 country.

21 (5) American World War II veterans, called the

22 ‘‘greatest generation’’ of the Nation, are dying at the

23 rapid rate of more than 1,200 veterans each day, cre24 ating an urgent need to preserve the stories, artifacts,

25 and heroic achievements of that generation.
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1 (6) The United States has a need to preserve for2 ever the knowledge and history of the Nation’s most

3 decisive achievement in the 20th century and to por4 tray that history to citizens, visitors, and school chil5 dren for centuries to come.

6 (7) Congress, recognizing the need to preserve

7 this knowledge and history, appropriated funds in

8 1992 to authorize the design and construction of The

9 National D-Day Museum in New Orleans to com10 memorate the epic 1944 Normandy invasion, and

11 subsequently appropriated additional funds in 1998,

12 2000, 2001, 2002, and 2003 to help expand the exhib13 its in the museum to include the D-Day invasions in

14 the Pacific Theatre of Operations and the other cam15 paigns of World War II.

16 (8) The State of Louisiana and thousands of do17 nors and foundations across the country have contrib18 uted millions of dollars to help build this national in19 stitution.

20 (9) The Board of Trustees of The National D21 Day Museum is national in scope and diverse in its

22 makeup.

23 (10) The World War II Memorial now under

24 construction on the National Mall in Washington, the

25 District of Columbia, will always be the memorial in
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1 our Nation where people come to remember America’s

2 sacrifices in World War II, while The National D3 Day Museum will always be the museum of the Amer4 ican experience in the World War II years (1939–

5 1945), where people come to learn about Americans’

6 experiences during that critical period, as well as a

7 place where the history of our Nation’s monumental

8 struggle against worldwide aggression by would-be op9 pressors is preserved so that future generations can

10 understand the role the United States played in the

11 preservation and advancement of democracy and free12 dom in the middle of the 20th century.

13 (11) The National D-Day Museum seeks to edu14 cate a diverse group of audiences through its collec15 tion of artifacts, photographs, letters, documents, and

16 first-hand personal accounts of the participants in the

17 war and on the home front during one of history’s

18 darkest hours.

19 (12) The National D-Day Museum is devoted to

20 the combat experience of United States citizen soldiers

21 in all of the theatres of World War II and to the he22 roic efforts of the men and women on the home front

23 who worked tirelessly to support the troops and the

24 war effort.
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1 (13) The National D-Day Museum continues to

2 add to and maintain one of the largest personal his3 tory collections in the United States of the men and

4 women who fought in World War II and who served

5 on the home front.

6 (14) No other museum describes as well the vol7 unteer spirit that arose throughout the United States

8 and united the country during the World War II

9 years.

10 (15) The National D-Day Museum is engaged in

11 a 250,000 square foot expansion to include the Center

12 for the Study of the American Spirit, an advanced

13 format theatre, and a new United States pavilion.

14 (16) The planned ‘‘We’re All in this Together’’

15 exhibit will describe the role every State, common16 wealth, and territory played in World War II, and

17 the computer database and software of The National

18 D-Day Museum’s educational program will be made

19 available to the teachers and school children of every

20 State, commonwealth, and territory.

21 (17) The National D-Day Museum is an official

22 Smithsonian affiliate institution with a formal agree23 ment to borrow Smithsonian artifacts for future exhi24 bitions.
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1 (18) Le Memorial de Caen in Normandy, France

2 has formally recognized The National D-Day Museum

3 as its official partner in a Patriotic Alliance signed

4 on October 16, 2002, by both museums.

5 (19) The official Battle of the Bulge museums in

6 Luxembourg and the American Battlefield Monuments

7 Commission are already collaborating with The Na8 tional D-Day Museum on World War II exhibitions.

9 (20) For all of these reasons, it is appropriate to

10 designate The National D-Day Museum as ‘‘Amer11 ica’s National World War II Museum’’.

12 (b) PURPOSES.—The purposes of this section are,

13 through the designation of The National D-Day Museum

14 as ‘‘America’s National World War II Museum’’, to express

15 the United States Government’s support for—

16 (1) the continuing preservation, maintenance,

17 and interpretation of the artifacts, documents, im18 ages, and history collected by the museum;

19 (2) the education of the American people as to

20 the American experience in combat and on the home

21 front during the World War II years, including the

22 conduct of educational outreach programs for teachers

23 and students throughout the United States;

24 (3) the operation of a premier facility for the

25 public display of artifacts, photographs, letters, docu-
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1 ments, and personal histories from the World War II

2 years (1939–1945);

3 (4) the further expansion of the current Euro4 pean and Pacific campaign exhibits in the museum,

5 including the Center for the Study of the American

6 Spirit for education; and

7 (5) ensuring the understanding by all future gen8 erations of the magnitude of the American contribu9 tion to the Allied victory in World War II, the sac10 rifices made to preserve freedom and democracy, and

11 the benefits of peace for all future generations in the

12 21st century and beyond.

13 (c) DESIGNATION OF ‘‘AMERICA’S NATIONAL WORLD

14 WAR II MUSEUM’’.—The National D-Day Museum, New

15 Orleans, Louisiana, is designated as ‘‘America’s National

16 World War II Museum’’.

17 SEC. 8118. NATIVE AMERICAN VETERAN HOUSING

18 LOANS. (a) Title I of Division K of the Consolidated Appro19 priations Resolution, 2003 (Public Law 108–7) is amended

20 by striking out ‘‘expenses: Provided, That no new loans in

21 excess of $5,000,000 may be made in fiscal year 2003.’’ from

22 the paragraph under the heading ‘‘Native American Vet23 eran Housing Loan Program Account’’ and inserting in

24 lieu thereof ‘‘expenses.’’.
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1 (b) The amendment made by subsection (a) of this sec2 tion is effective on the date of the enactment of Public Law

3 108–7, February 20, 2003.

4 SEC. 8119. Of the funds made available in chapter 3

5 of title I of the Emergency Wartime Supplemental Appro6 priations Act, 2003 (Public Law 108–11), under the head7 ing ‘‘Iraq Freedom Fund’’, $3,157,000,000 are hereby re8 scinded.

9 SEC. 8120. (a) LIMITATION ON US E OF FUNDSFOR

10 RESEARCH AND DEVELOPMENT ON TERRORISM INFORMA11 TION AWARENESS PROGRAM.—Notwithstanding any other

12 provision of law, no funds appropriated or otherwise made

13 available to the Department of Defense, whether to an ele14 ment of the Defense Advanced Research Projects Agency or

15 any other element, or to any other department, agency, or

16 element of the Federal Government, may be obligated or ex17 pended on research and development on the Terrorism In18 formation Awareness program.

19 (b) LIMITATION ON DEPLOYMENT OF TERRORISM IN20 FORMATION AWARENESS PROGRAM.—(1) Notwithstanding

21 any other provision of law, if and when research and devel22 opment on the Terrorism Information Awareness program,

23 or any component of such program, permits the deployment

24 or implementation of such program or component, no de25 partment, agency, or element of the Federal Government
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1 may deploy or implement such program or component, or

2 transfer such program or component to another department,

3 agency, or element of the Federal Government, until the Sec4 retary of Defense—

5 (A) notifies Congress of that development, includ6 ing a specific and detailed description of—

7 (i) each element of such program or compo8 nent intended to be deployed or implemented;

9 and

10 (ii) the method and scope of the intended

11 deployment or implementation of such program

12 or component (including the data or information

13 to be accessed or used); and

14 (B) has received specific authorization by law

15 from Congress for the deployment or implementation

16 of such program or component, including—

17 (i) a specific authorization by law for the

18 deployment or implementation of such program

19 or component; and

20 (ii) a specific appropriation by law of

21 funds for the deployment or implementation of

22 such program or component.

23 (2) The limitation in paragraph (1) shall not apply

24 with respect to the deployment or implementation of the
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1 Terrorism Information Awareness program, or a compo2 nent of such program, in support of the following:

3 (A) Lawful military operations of the United

4 States conducted outside the United States.

5 (B) Lawful foreign intelligence activities con6 ducted wholly against non-United States persons.

7 (c) SENSE OF CONGRESS.—It is the sense of Congress

8 that—

9 (1) the Terrorism Information Awareness pro10 gram should not be used to develop technologies for

11 use in conducting intelligence activities or law en12 forcement activities against United States persons

13 without appropriate consultation with Congress or

14 without clear adherence to principles to protect civil

15 liberties and privacy; and

16 (2) the primary purpose of the Defense Advanced

17 Research Projects Agency is to support the lawful ac18 tivities of the Department of Defense and the national

19 security programs conducted pursuant to the laws as20 sembled for codification purposes in title 50, United

21 States Code.

22 (d) DEFINITIONS.—In this section:

23 (1) TERRORISM INFORMATION AWARENESS PRO24 GRAM.—The term ‘‘Terrorism Information Awareness

25 program’’—
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1 (A) means the components of the program

2 known either as Terrorism Information Aware3 ness or Total Information Awareness, any re4 lated information awareness program, or any

5 successor program under the Defense Advanced

6 Research Projects Agency or another element of

7 the Department of Defense; and

8 (B) includes a program referred to in sub9 paragraph (1), or a component of such program,

10 that has been transferred from the Defense Ad11 vanced Research Projects Agency or another ele12 ment of the Department of Defense to any other

13 department, agency, or element of the Federal

14 Government.

15 (2) NON-UNITED STATES PERSON.—The term

16 ‘‘non-United States person’’ means any person other

17 than a United States person.

18 (3) UNITED STATES PERSON.—The term ‘‘United

19 States person’’ has the meaning given that term in

20 section 101(i) of the Foreign Intelligence Surveillance

21 Act of 1978 (50 U.S.C. 1801(i)).

22 SEC. 8121. Notwithstanding any other provision in

23 this Act, the total amount appropriated in this Act is here24 by reduced by $125,000,000 to limit excessive growth in the
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1 procurement of advisory and assistance services, to be dis2 tributed as follows:

3 ‘‘Operation and Maintenance, Defense-Wide’’,

4 $45,000,000;

5 ‘‘Research, Development, Test and Evaluation,

6 Navy’’, $40,000,000; and

7 ‘‘Research, Development, Test and Evaluation,

8 Defense-Wide’’, $40,000,000:

9 Provided, That these reductions shall be applied proportion10 ally to each budget activity, activity group and subactivity

11 group and each program, project, and activity within each

12 appropriation account.

13 SEC. 8122. None of the funds appropriated in this Act

14 shall be used to study, demonstrate, or implement any plans

15 privatizing, divesting or transferring of any Civil Works

16 missions, functions, or responsibilities for the United States

17 Army Corps of Engineers to other government agencies

18 without specific direction in a subsequent Act of Congress.

19 SEC. 8123. None of the funds provided in this Act may

20 be used to pay any fee charged by the Department of State

21 for the purpose of constructing new United States diplo22 matic facilities.

23 SEC. 8124. Of the amount appropriated by title IV of

24 this Act under the heading ‘‘RESEARCH, DEVELOPMENT,

25 TEST, AND EVALUATION, AIR FORCE’’, up to $4,000,000
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1 may be available for cost effective composite materials for

2 manned and unmanned flight structures (PE#0602103F).

3 SEC. 8125. Of the total amount appropriated by title

4 IV under the heading ‘‘RESEARCH, DEVELOPMENT, TEST

5 AND EVALUATION, ARMY’’, up to $3,000,000 may be used

6 for the Broad Area Unmanned Responsive Resupply Oper7 ations aircraft program.

8 SEC. 8126. Of the total amount appropriated by title

9 II under the heading ‘‘OPERATION AND MAINTENANCE,

10 NAVY’’ for civilian manpower and personnel management,

11 up to $1,500,000 may be used for Navy Pilot Human Re12 sources Call Center, Cutler, Maine.

13 SEC. 8127. Of the amount appropriated by title IV of

14 this Act under the heading ‘‘RESEARCH, DEVELOPMENT,

15 TEST, AND EVALUATION, NAVY’’, up to $4,000,000 may be

16 available for Navy Integrated Manufacturing Development.

17 SEC. 8128. Amounts appropriated by this Act may be

18 used for the establishment and support of 12 additional

19 Weapons of Mass Destruction Civil Support Teams, as fol20 lows:

21 (1) Of the amount appropriated by title II under

22 the heading ‘‘OPERATION AND MAINTENANCE, ARMY’’,

23 up to $23,300,000.
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1 (2) Of the amount appropriated by title II under

2 the heading ‘‘OPERATION AND MAINTENANCE, ARMY

3 NATIONAL GUARD’’, up to $16,000,000.

4 (3) Of the amount appropriated by title III

5 under the heading ‘‘OTHER PROCUREMENT, ARMY’’,

6 up to $25,900,000.

7 (4) Of the amount appropriated by title IV

8 under the heading ‘‘RESEARCH, DEVELOPMENT, TEST

9 AND EVALUATION, DEFENSE-WIDE’’, up to

10 $1,000,000.

11 SEC. 8129. Of the amount appropriated by title IV of

12 this Act under the heading ‘‘RESEARCH, DEVELOPMENT,

13 TEST, AND EVALUATION, DEFENSE-WIDE’’, up to

14 $2,000,000 may be available for the development of inte15 grated systems analysis capabilities for bioterrorism re16 sponse exercises.

17 SEC. 8130. Of the amount appropriated by title III

18 under the heading ‘‘PROCUREMENT, MARINE CORPS’’, up

19 to $1,500,000 may be used for the procurement of highly

20 versatile nitrile rubber collapsible storage units.

21 SEC. 8131. Of the appropriated by title IV of this Act

22 under the heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND

23 EVALUATION, NAVY’’, up to $3,000,000 may be available for

24 Marine Corps Communications Systems (PE#0206313M)

25 for Critical Infrastructure Protection.
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1 SEC. 8132. Of the total amount appropriated by title

2 III under the heading ‘‘OTHER PROCUREMENT, ARMY’’, up

3 to $1,500,000 may be used for the procurement of TSC–

4 750 computer systems.

5 SEC. 8133. Of the amount appropriated by title IV of

6 this Act under the heading ‘‘RESEARCH, DEVELOPMENT,

7 TEST, AND EVALUATION, NAVY’’, up to $1,000,000 may be

8 available for Combat Systems Integration (PE#0603582N)

9 for the Trouble Reports Information Data Warehouse.

10 SEC. 8134. Of the amount appropriated by title II of

11 this Act under the heading ‘‘OPERATION AND MAINTE12 NANCE, NAVY’’, up to $2,000,000 may be available for night

13 vision goggles in advanced helicopter training.

14 SEC. 8135. Of the amount appropriated by title IV of

15 this Act under the heading ‘‘RESEARCH, DEVELOPMENT,

16 TEST, AND EVALUATION, DEFENSE-WIDE’’, up to

17 $3,000,000 may be available for the Long Range Biometric

18 Target Identification System.

19 SEC. 8136. Of the total amount appropriated by title

20 IV under the heading ‘‘RESEARCH, DEVELOPMENT, TEST,

21 AND EVALUATION, DEFENSE-WIDE’’, up to $2,500,000 may

22 be used for the study of geospatial visualization tech23 nologies.

24 SEC. 8137. Of the amount appropriated by title IV of

25 this Act under the heading ‘‘RESEARCH, DEVELOPMENT,
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1 TEST, AND EVALUATION, NAVY’’, up to $4,000,000 may be

2 available for High Speed Anti-Radiation Demonstration

3 Airframe/Propulsion Section (PE#0603114N).

4 SEC. 8138. Of the total amount appropriated by title

5 IV under the heading ‘‘RESEARCH AND DEVELOPMENT, DE6 FENSE-WIDE’’, up to $3,500,000 may be used for National

7 Consortia on MASINT Research for program element num8 ber 0305884L.

9 SEC. 8139. Of the amount appropriated by title IV of

10 this Act under the heading ‘‘RESEARCH, DEVELOPMENT,

11 TEST, AND EVALUATION, ARMY’’, up to $3,500,000 may be

12 available for the Medical Vanguard Project to expand the

13 clinical trial of the Internet-based diabetes management

14 system under that project.

15 SEC. 8140. Of the amount appropriated by title IV of

16 this Act under the heading ‘‘RESEARCH, DEVELOPMENT,

17 TEST, AND EVALUATION, DEFENSE-WIDE’’, up to $800,000

18 may be available for the Tulane Center for Missile Defense,

19 Louisiana.

20 SEC. 8141. Of the amount appropriated by title III

21 of this Act under the heading ‘‘DEFENSE PRODUCTION ACT

22 PURCHASES’’, up to $3,000,000 may be available for a

23 Flexible Aerogel Material Supplier Initiative to develop af24 fordable methods and a domestic supplier of military and

25 commercial aerogels.
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1 SEC. 8142. IN RECOGNITION OF THE NATIONAL

2 GUARD AND RESERVE’S CONTRIBUTIONSTO OUR NA3 TIONAL SECURITY AND EXPRESSING STRONG SUPPORT FOR

4 THE SENATE’S PREVIOUS BIPARTISAN VOTE TO PROVIDE

5 THESE FORCES ACCESS TO TRICARE. (a) FINDINGS.—

6 The Senate makes the following findings:

7 (1) Forces in the United States National Guard

8 and Reserve have made and continue to make essen9 tial and effective contributions to Operation Iraqi

10 Freedom and other ongoing military operations.

11 (2) More than 200,000 Reserve personnel from

12 the Army, Navy, Air Force, Marine Corps, and Coast

13 Guard are currently serving their Nation on active

14 status.

15 (3) Our dependence on the National Guard and

16 Reserve has increased dramatically over the course of

17 the past decade. Annual duty days have grown from

18 about 1 million in the late 1980s to more than 12

19 million in every year since 1996.

20 (4) While our dependence on the Reserves has in21 creased in the post-Cold War era, their basic pay and

22 benefits structure has remained largely unchanged.

23 (5) Offering TRICARE to reservists for an af24 fordable monthly premium enhances our national se25 curity by improving their medical readiness when
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1 called to duty, streamlining and accelerating the mo2 bilization process, and enhancing our military’s abil3 ity to recruit and retain qualified personnel to reserve

4 duty.

5 (6) The Congressional Budget Office, the official,

6 nonpartisan scorekeeper of all congressional legisla7 tion, has estimated the cost of this proposal at just

8 over one-tenth of one percent of the Administration’s

9 fiscal year 2004 defense budget request.

10 (7) On May 20, 2003, a strong majority of Sen11 ate Democrats and Republicans joined together and

12 voted 85–10 for an amendment to the fiscal year 2004

13 Defense authorization bill to provide reserve personnel

14 and their families access to TRICARE regardless of

15 their current deployment status.

16 (8) The Appropriations Committee indicated in

17 its report accompanying the fiscal year 2004 Defense

18 appropriations bill that it supports this proposal.

19 (b) SENSE OF THE SENATE.—It is the sense of the Sen20 ate that—

21 (1) the National Guard and Reserve play a crit22 ical and increasingly demanding role in protecting

23 our national security; and

24 (2) the Senate supports the Appropriations Com25 mittee position as articulated in the report accom-
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1 panying the fiscal year 2004 Defense appropriations

2 bill and affirms its support for providing Guard and

3 Reserve personnel access to TRICARE.

4 SEC. 8143. (a) The Secretary of Defense—

5 (1) shall review—

6 (A) all contractual offset arrangements to

7 which the policy established under section 2532

8 of title 10, United States Code, applies that are

9 in effect on the date of the enactment of this Act;

10 (B) any memoranda of understanding and

11 related agreements to which the limitation in

12 section 2531(c) of such title applies that have

13 been entered into with a country with respect to

14 which such contractual offset arrangements have

15 been entered into and are in effect on such date;

16 and

17 (C) any waivers granted with respect to a

18 foreign country under section 2534(d)(3) of title

19 10, United States Code, that are in effect on such

20 date; and

21 (2) shall determine the effects of the use of such

22 arrangements, memoranda of understanding, and

23 agreements on the effectiveness of buy American re24 quirements provided in law.
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1 (b) The Secretary shall submit a report on the results

2 of the review under subsection (a) to Congress not later than

3 March 1, 2005. The report shall include a discussion of each

4 of the following:

5 (1) The effects of the contractual offset arrange6 ments on specific subsectors of the industrial base of

7 the United States and what actions have been taken

8 to prevent or ameliorate any serious adverse effects on

9 such subsectors.

10 (2) The extent, if any, to which the contractual

11 offset arrangements and memoranda of understanding

12 and related agreements have provided for technology

13 transfer that would significantly and adversely affect

14 the defense industrial base of the United States and

15 would result in substantial financial loss to a United

16 States firm.

17 (3) The extent to which the use of such contrac18 tual offset arrangements is consistent with—

19 (A) the limitation in section 2531(c) of title

20 10, United States Code, that prohibits implemen21 tation of a memorandum of understanding and

22 related agreements if the President, taking into

23 consideration the results of the interagency re24 view, determines that such memorandum of un25 derstanding or related agreement has or is likely
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1 to have a significant adverse effect on United

2 States industry that outweighs the benefits of en3 tering into or implementing such memorandum

4 or agreement; and

5 (B) the requirements under section 2534(d)

6 of such title that—

7 (i) a waiver granted under such section

8 not impede cooperative programs entered

9 into between the Department of Defense and

10 a foreign country and not impede the recip11 rocal procurement of defense items that is

12 entered into in accordance with section

13 2531 of such title; and

14 (ii) the country with respect to which

15 the waiver is granted not discriminate

16 against defense items produced in the

17 United States to a greater degree than the

18 United States discriminates against defense

19 items produced in that country.

20 (c) The Secretary—

21 (1) shall submit to the President any rec22 ommendations regarding the use or administration of

23 contractual offset arrangements and memoranda of

24 understanding and related agreements referred to in

25 subsection (a) that the Secretary considers appro-
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1 priate to strengthen the administration buy American

2 requirements in law; and

3 (2) may modify memoranda of understanding or

4 related agreements entered into under section 2531 of

5 title 10, United States Code, or take other action with

6 regard to such memoranda or related agreements, as

7 the Secretary considers appropriate to strengthen the

8 administration buy American requirements in law in

9 the case of procurements covered by such memoranda

10 or related agreements.

11 SEC. 8144. It is the sense of the Senate that—

12 (1) any request for funds for a fiscal year for an

13 ongoing overseas military operation, including oper14 ations in Afghanistan and Iraq, should be included in

15 the annual budget of the President for such fiscal year

16 as submitted to Congress under section 1105(a) of

17 title 31, United States Code; and

18 (2) any funds provided for such fiscal year for

19 such a military operation should be provided in ap20 propriations Acts for such fiscal year through appro21 priations to specific accounts set forth in such Acts.

22 SEC. 8145. Of the amount appropriated by title II of

23 this Act under the heading ‘‘OPERATION AND MAINTE24 NANCE, ARMY RESERVE’’, up to $2,000,000 may be avail-
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1 able for a Software Engineering Institute Information As2 surance Initiative.

3 SEC. 8146. Of the amount appropriated by title II

4 under the heading ‘‘OPERATION AND MAINTENANCE, DE5 FENSE-WIDE’’, up to $10,000,000 may be used for civil6 military programs and the Innovative Readiness Training

7 (IRT) Program.

8 SEC. 8147. Of the total amount appropriated by title

9 III under the heading ‘‘MISSILE PROCUREMENT, AIR

10 FORCE’’, up to $10,000,000 may be used for assured access

11 to space in addition to the amount available under such

12 heading for the Evolved Expendable Launch Vehicle.

13 SEC. 8148. STUDY REGARDING MAIL DELIVERY IN

14 THE MIDDLE EAST. (a) STUDY.—The Comptroller General

15 of the United States shall conduct a review of the delivery

16 of mail to troops in the Middle East and the study should:

17 (1) Determine delivery times, reliability, and

18 losses for mail and parcels to and from troops sta19 tioned in the Middle East.

20 (2) Identify and analyze mail and parcel deliv21 ery service efficiency issues during Operations Desert

22 Shield/Desert Storm, compared to such services which

23 occurred during Operation Iraqi Freedom.

24 (3) Identify cost efficiencies and benefits of alter25 native delivery systems or modifications to existing
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1 delivery systems to improve the delivery times of mail

2 and parcels.

3 (b) REPORT.—Not later than 60 days after the date

4 of enactment of this Act, the Comptroller General of the

5 United States shall submit a report to the congressional de6 fense committees on their findings and recommendations.

7 SEC. 8149. Of the amount appropriated by title IV of

8 this Act under the heading ‘‘RESEARCH, DEVELOPMENT,

9 TEST, AND EVALUATION, AIR FORCE’’, up to $4,000,000

10 may be available for adaptive optics research.

11 SEC. 8150. Of the amount appropriated by title IV of

12 this Act under the heading ‘‘RESEARCH, DEVELOPMENT,

13 TEST, AND EVALUATION, NAVY’’, up to $1,000,000 may be

14 available for the completion of the Rhode Island Disaster

15 Initiative.

16 SEC. 8151. Of the amount appropriated by title I of

17 this Act for military personnel, up to $8,000,000 may be

18 available for the costs during fiscal year 2004 of an increase

19 in the amount of the death gratuity payable with respect

20 to members of the Armed Forces under section 1478 of title

21 10, United States Code, from $6,000 to $12,000.

22 SEC. 8152. Of the amount appropriated by title II of

23 this Act under the heading ‘‘SHIPBUILDING AND CONVER24 SION, NAVY’’, up to $20,000,000 may be available for DIG–

25 51 modernization planning.
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1 SEC. 8153. Of the total amount appropriated by title

2 II under the heading ‘‘OPERATION AND MAINTENANCE,

3 ARMY’’, up to $4,000,000 may be used for the Army Mu4 seum of the Southwest at Ft. Sill, Oklahoma.

5 SEC. 8154. No funds appropriated or otherwise made

6 available by this Act may be obligated or expended for the

7 purpose of privatizing, or transferring to another depart8 ment or agency of the Federal Government, any prison

9 guard function or position at the United States Discipli10 nary Barracks at Fort Leavenworth, Kansas, until 30 days

11 after the date on which the Secretary of the Army submits

12 to the congressional defense committees a plan for the imple13 mentation of the privatization or transfer of such function

14 or position.

15 SEC. 8155. Of the total amount appropriated by title

16 II under the heading ‘‘OPERATION AND MAINTENANCE, MA17 RINE CORPS’’, up to $6,000,000 may be used for the pur18 chase of HMMWV tires.

19 SEC. 8156. (a) AVAILABILITY OF CERTAIN PERSONNEL

20 AMOUNTS.—Of the amount appropriated by title I of this

21 Act under the heading ‘‘NATIONAL GUARD PERSONNEL,

22 ARMY’’, up to $2,500,000 may be available for Lewis and

23 Clark Bicentennial Commemoration Activities.

24 (b) AVAILABILITY OF CERTAIN OPERATION AND MAIN25 TENANCE AMOUNTS.—Of the amount appropriated by title
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1 II of this Act under the heading ‘‘OPERATION AND MAINTE2 NANCE, ARMY NATIONAL GUARD’’, up to $1,500,000 may

3 be available for Lewis and Clark Bicentennial Commemora4 tion Activities.

5 SEC. 8157. (a) LIMITATION ON US E OF FUNDS.—Not6 withstanding any other provision of law, no funds appro7 priated or otherwise made available by this Act may be obli8 gated or expended to decommission a Naval or Marine

9 Corps Reserve aviation squadron until the report required

10 by subsection (b) is submitted to the committee of Congress

11 referred to in that subsection.

12 (b) REPORT ON NAVY AND MARINE CORPS TACTICAL

13 AVIATION REQUIREMENTS.—(1) Not later than twelve

14 months after the date of the enactment of this Act, the

15 Comptroller General of the United States shall submit to

16 the Committee on Appropriations of the Senate a report

17 on the requirements of the Navy and the Marine Corps for

18 tactical aviation, including mission requirements, recapi19 talization requirements, and the role of Naval and Marine

20 Corps Reserve assets in meeting such requirements.

21 (2) The report shall include the recommendations of

22 the Comptroller General on an appropriate force structure

23 for the active and reserve aviation units of the Navy and

24 the Marine Corps, and related personnel requirements, for

25 the 10-year period beginning on the date of the report.
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1 SEC. 8158. Of the amount appropriated by title III

2 of this Act under the heading ‘‘PROCUREMENT, DEFENSE3 WIDE’’, up to $20,000,000 may be available for procure4 ment of secure cellular telephones for the Department of De5 fense and the elements of the intelligence community.

6 SEC. 8159. Of the amount appropriated by title III

7 of this Act under the heading ‘‘RESEARCH, DEVELOPMENT,

8 TEST AND EVALUATION, ARMY’’, up to $5,000,000 may be

9 available to support Shortstop Electronic Protection Sys10 tems (SEPS) research and development efforts.

11 SEC. 8160. The Secretary of the Air Force, in consulta12 tion with the Chief of Air Force Reserve, shall study the

13 mission of the 932nd Airlift Wing, Scott Air Force Base,

14 Illinois, and evaluate whether it would be appropriate to

15 substitute for that mission a mixed mission of transporting

16 patients, passengers, and cargo that would increase the air17 lift capability of the Air Force while continuing the use and

18 training of aeromedical evacuation personnel. The Sec19 retary shall submit a report on the results of the study and

20 evaluation to the congressional defense committees not later

21 than January 16, 2004.

22 SEC. 8161. Of the total amount appropriated by

23 title IV under the heading ‘‘RESEARCH, DEVELOPMENT,

24 TEST AND EVALUATION, DEFENSE-WIDE’’, up to $3,000,000

25 may be used for Project Ancile.
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1 SEC. 8162. Of the total amount appropriated by

2 title IV under the heading ‘‘RESEARCH, DEVELOPMENT,

3 TEST AND EVALUATION, ARMY’’, up to $2,000,000 may be

4 used for Knowledge Management Fusion.

5 SEC. 8163. Of the amount appropriated by title IV of

6 this Act under the heading ‘‘RESEARCH, DEVELOPMENT,

7 TEST, AND EVALUATION, ARMY’’, up to $3,000,000 may be

8 available for the Large Energy National Shock Tunnel

9 (LENS).

10 SEC. 8164. In addition to amounts provided in this

11 Act for Ultra-low Power Battlefield Sensor System, up to

12 an additional $7,000,000 may be used from the total

13 amount appropriated by title IV ‘‘RESEARCH, DEVELOP14 MENT, TEST, AND EVALUATION, DEFENSE-WIDE’’, for

15 Ultra-low Power Battlefield Sensor System.

16 SEC. 8165. (a) FINDINGS.—The Senate makes the fol17 lowing findings:

18 (1) If a terrorist group were to acquire the nec19 essary fissile material for a nuclear explosive device,

20 it would not be difficult for the group to construct

21 such a device, the explosion of which could kill and

22 injure thousands, or even hundreds of thousands, of

23 people and destroy a large area of a city.

24 (2) If a terrorist group were to acquire a com25 plete nuclear weapon from a nation which has con-
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1 structed nuclear weapons, it is likely that the group

2 would be able to detonate the device with similar re3 sults.

4 (3) A nation supplying either complete nuclear

5 weapons or special nuclear material to terrorists

6 might believe that it could escape retaliation by the

7 United States, as the United States would not be able

8 to determine the origin of either a weapon or its

9 fissile material.

10 (4) It is possible, however, to determine the coun11 try of origin of fissile material after a nuclear explo12 sion, provided that samples of the radioactive debris

13 from the explosion are collected promptly and ana14 lyzed in appropriate laboratories.

15 (5) If radioactive debris is collected soon enough

16 after a nuclear explosion, it is also possible to deter17 mine the characteristics of the nuclear explosive device

18 involved, which information can assist in locating

19 and dismantling other nuclear devices that may

20 threaten the United States.

21 (6) If countries that might contemplate sup22 plying nuclear weapons or fissile material to terror23 ists know that their assistance can be traced, they are

24 much less likely to allow terrorists access to either

25 weapons or material.
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1 (7) It is in the interest of the United States to

2 acquire a capability to collect promptly the debris

3 from a nuclear explosion that might occur in any

4 part of the Nation.

5 (b) SENSE OF THE SENATE ON NUCLEAR DEBRIS COL6 LECTION AND ANALYSIS CAPABILITY.—It is the sense of the

7 Senate that—

8 (1) the Secretary of Defense should develop and

9 deploy a nuclear debris collection and analysis capa10 bility sufficient to enable characterization of any nu11 clear device that might be exploded in the United

12 States;

13 (2) the capability should incorporate airborne

14 debris collectors, either permanently installed on dedi15 cated aircraft or available for immediate use on a

16 class of aircraft, stationed so that a properly

17 equipped and manned aircraft is available to collect

18 debris from a nuclear explosion anywhere in the

19 United States and transport such debris to an appro20 priate laboratory in a timely fashion; and

21 (3) to the maximum extent practicable, the capa22 bility should be compatible with collection and anal23 ysis systems used by the United States to characterize

24 overseas nuclear explosions.
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1 (c) REPORT.—Not later than March 31, 2004, the Sec2 retary of Defense shall submit to the congressional defense

3 committees a report on the feasibility of developing and de4 ploying the capability described in subsection (b)(1).

5 SEC. 8166. Of the amount appropriated by title II of

6 this Act under the heading ‘‘OPERATION AND MAINTE7 NANCE, ARMY’’ up to $15,000,000 may be made available

8 for upgrades of M1A1 Abrams tank transmissions.

9 SEC. 8167. Of the total amount appropriated by title

10 II of this Act under the heading ‘‘OPERATIONSAND MAIN11 TENANCE, ARMY’’, up to $2,000,000 may be used to promote

12 civil rights education and history in the Army.

13 SEC. 8168. REPORTSON SAFETY ISSUES DUE TO DE14 FECTIVE PARTS. (a) REPORT FROM THE SECRETARY.—The

15 Secretary shall by March 31, 2004, examine and report

16 back to the congressional defense committees on—

17 (1) how to implement a system for tracking safe18 ty-critical parts so that parts discovered to be defec19 tive, including due to faulty or fraudulent work by a

20 contractor or subcontractor, can be identified and

21 found;

22 (2) appropriate standards and procedures to en23 sure timely notification of contracting agencies and

24 contractors about safety issues including parts that

25 may be defective, and whether the Government Indus-
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1 try Data Exchange Program should be made manda2 tory;

3 (3) efforts to find and test airplane parts that

4 have been heat treated by companies alleged to have

5 done so improperly; and

6 (4) whether contracting agencies and contractors

7 have been notified about alleged improper heat treat8 ment of airplane parts.

9 (b) REPORT FROM THE COMPTROLLER GENERAL.—

10 The Comptroller General shall examine and report back to

11 the congressional defense committees on—

12 (1) the oversight of subcontractors by prime con13 tractors, and testing and quality assurance of the

14 work of the subcontractors; and

15 (2) the oversight of prime contractors by the De16 partment, the accountability of prime contractors for

17 overseeing subcontractors, and the use of enforcement

18 mechanisms by the Department.

19 SEC. 8169. Not later than 30 days after the date of

20 the enactment of this Act, the Secretary of Defense shall sub21 mit to Congress, in writing, a report on contracts for recon22 struction and other services in Iraq that are funded in

23 whole or in part with funds available to the Department

24 of Defense. The report shall detail—
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1 (1) the process and standards for designing and

2 awarding such contracts, including assistance or con3 sulting services provided by contractors in that proc4 ess;

5 (2) the process and standards for awarding lim6 ited or sole-source contracts, including the criteria for

7 justifying the awarding of such contracts;

8 (3) any policies that the Secretary has imple9 mented or plans to implement to provide for inde10 pendent oversight of the performance by a contractor

11 of services in designing and awarding such contracts;

12 (4) any policies that the Secretary has imple13 mented or plans to implement to identify, assess, and

14 prevent any conflict of interest relating to such con15 tracts for reconstruction;

16 (5) any policies that the Secretary has imple17 mented or plans to implement to ensure public ac18 countability of contractors and to identify any fraud,

19 waste, or abuse relating to such contracts for recon20 struction;

21 (6) the process and criteria used to determine the

22 percentage of profit allowed on cost-plus-a-fixed-fee

23 contracts for reconstruction or other services in Iraq;

24 and
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1 (7) a good faith estimate of the expected costs

2 and duration of all contracts for reconstruction or

3 other services in Iraq.

4 SEC. 8170. Of the amount appropriated by title III

5 of this Act under the heading ‘‘AIRCRAFT PROCUREMENT,

6 AIR FORCE’’, up to $19,700,000 may be available for C–

7 5 aircraft in-service modifications for the procurement of

8 additional C–5 aircraft Avionics Modernization Program

9 (AMP) kits.

10 SEC. 8171. (a) REPORT ON ESTABLISHMENT OF PO11 LICE AND MILITARY FORCESIN IRAQ.—Not later than 180

12 days after the date of the enactment of this Act, the Sec13 retary of Defense shall, in coordination with the Secretary

14 of State, submit to the appropriate committees of Congress

15 a report on the establishment of police and military forces

16 in all of the 18 provinces of Iraq, including—

17 (1) the costs incurred by the United States in es18 tablishing Iraqi police and military units;

19 (2) a schedule for the completion of the establish20 ment of Iraqi police and military units;

21 (3) an assessment of the effect of the ongoing cre22 ation and final establishment of Iraqi police and

23 military units on the number of United States mili24 tary personnel required to be stationed in Iraq;
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1 (4) an assessment of the effect of the establish2 ment of an Iraqi police force on the safety of United

3 States military personnel stationed in Iraq; and

4 (5) an assessment of the effectiveness of the Iraqi

5 police force, as so established, in preventing crime

6 and insuring the safety of the Iraq people.

7 (b) UPDATES.—Not later than 120 days after the date

8 of the submittal of the report required by subsection (b),

9 and every 120 days thereafter, the Secretary of Defense

10 shall, in coordination with the Secretary of State, submit

11 to the appropriate committees of Congress an update of such

12 report.

13 (c) APPROPRIATE COMMITTEESOF CONGRESS DE14 FINED.—In this section, the term ‘‘appropriate committees

15 of Congress’’ means—

16 (1) the Committees on Appropriations, Armed

17 Services, and Foreign Relations of the Senate; and

18 (2) the Committees on Appropriations, Armed

19 Services, and International Relations of the House of

20 Representatives.

21 SEC. 8172. Section 8149(b) of the Department of De22 fense Appropriations Act, 2003 (Public Law 107–248; 116

23 Stat. 1572) is amended by adding at the end the following

24 new paragraph:
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1 ‘‘(3) This subsection shall remain in effect for fiscal

2 year 2004.’’.

3 TITLE IX—SETTLEMENT OF

4 CLAIMS FOR SLAVE LABOR

5 FOR JAPANESE COMPANIES

6 DURING WORLD WAR II

7 SEC. 901. PAYMENT OF COMPENSATION TO FORMER PRIS8 ONERS OF WAR FOR FORCED OR SLAVE

9 LABOR FOR JAPANESE COMPANIES DURING

10 WORLD WAR II.

11 (a) PAYMENT OF COMPENSATION REQUIRED.—Subject

12 to the availability of appropriations the Secretary of De13 fense shall pay to each surviving former prisoner of war

14 compensation as provided in subsection (b).

15 (b) COMPENSATION.—The compensation to be paid

16 under subsection (a) is as follows: In the case of a living

17 former prisoner of war, to the living former prisoner of war

18 in the amount of $10,000.

19 (c) IDENTIFICATION OF INDIVIDUALSAS FORMER

20 PRISONERS OF WAR.—(1) An individual seeking compensa21 tion under this section shall submit to the Secretary of De22 fense an application therefor containing such information

23 as the Secretary shall require. Only one application shall

24 be submitted with respect to each individual seeking treat-
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1 ment as a former prisoner of war for purposes of this sec2 tion.

3 (2) The Secretary shall take such actions as the Sec4 retary considers appropriate to identify and locate individ5 uals eligible for treatment as former prisoners of war for

6 purposes of this section.

7 (d) TREATMENT AS FORMER PRISONER OF WAR.—(1)

8 Subject to paragraph (3), the Secretary of Defense shall

9 treat an individual as a former prisoner of war if—

10 (A) the name of the individual appears on any

11 official list of the Imperial Government of Japan, or

12 of the United States Government, as having been im13 prisoned at any time during World War II in a

14 camp in Japan or territories occupied by Japan

15 where individuals were forced to provide labor; or

16 (B) evidence otherwise demonstrates that the in17 dividual is entitled to treatment as a former prisoner

18 of war.

19 (2) Any reasonable doubt under this subsection shall

20 be resolved in favor of the claimant.

21 (3) The treatment of an individual as a former pris22 oner of war under paragraph (1) shall be rebutted only by

23 clear and convincing evidence.

24 (e) TIMING OF PAYMENT.—The Secretary of Defense

25 shall pay compensation to a former prisoner of war, under
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1 subsection (a) not later than 30 days after determining that

2 compensation is payable to or on behalf of the former pris3 oner of war under this section.

4 (f) PRIORITY IN PAYMENTS.—The Secretary of Defense

5 shall complete the processing of applications under this sec6 tion in a manner that provides, to the maximum extent

7 practicable, for the payment of compensation to former

8 prisoners of war during their natural lives, with payments

9 prioritized based on age and health of the claimant.

10 (g) FUNDING.—(1) From funds available otherwise in

11 this Act up to $49,000,000 may be made available to carry

12 out this title.

13 (2) The amount made available by paragraph (1) shall

14 remain available for obligation and expenditure during the

15 two-year period beginning on October 1, 2003.

16 (3) Any amounts made available by paragraph (1)

17 that have not been obligated as of September 30, 2005, shall

18 revert to the Treasury as of that date.

19 SEC. 903. DEFINITIONS.

20 In this title:

21 (1) FORMER PRISONER OF WAR.—The term

22 ‘‘former prisoner of war’’ means any individual

23 who—

24 (A) was a member of the Armed Forces of

25 the United States, a civilian employee of the
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1 United States, or an employee of a contractor of

2 the United States during World War II;

3 (B) served in or with the United States

4 combat forces during World War II;

5 (C) was captured and held as a prisoner of

6 war or prisoner by Japan in the course of such

7 service; and

8 (D) was required by one or more Japanese

9 companies to perform forced or slave labor dur10 ing World War II.

11 (2) JAPANESE COMPANY.—The term ‘‘Japanese

12 company’’ means—

13 (A) any business enterprise, corporation,

14 company, association, partnership, or sole pro15 prietorship having its principal place of business

16 within Japan or organized or incorporated

17 under the laws of Japan or any political sub18 division thereof; and

19 (B) any subsidiary or affiliate of an entity

20 in Japan, as described in subparagraph (A), if

21 controlled in fact by the entity, whether cur22 rently incorporated or located in Japan or else23 where.
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1 (3) WORLD WAR II.—The term ‘‘World War II’’

2 means the period beginning on December 7, 1941, and

3 ending on August 8, 1945.

4 This Act may be cited as the ‘‘Department of Defense

5 Appropriations Act of 2004’’.

Attest:

Secretary.
108TH CONGRESS

1ST SESSION H. R. 2658

AMENDMENT