IB 
Union Calendar No. 96
108TH CONGRESS 
1ST SESSION H. R. 2658
[Report No. 108–187] 
Making appropriations for the Department of Defense for the fiscal year 
ending September 30, 2004, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 2, 2003
Mr. LEWIS of California, from the Committee on Appropriations, reported the 
following bill; which was committed to the Committee of the Whole House 
on the State of the Union and ordered to be printed 
A BILL 
Making appropriations for the Department of Defense for 
the fiscal year ending September 30, 2004, and for other 
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
That the following sums are appropriated, out of any 
money in the Treasury not otherwise appropriated, for the 
fiscal year ending September 30, 2004, for military func-
tions administered by the Department of Defense and for 
other purposes, namely:
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TITLE I 
MILITARY PERSONNEL 
MILITARY PERSONNEL, ARMY 
For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of sta-
tion travel (including all expenses thereof for organiza-
tional movements), and expenses of temporary duty travel 
between permanent duty stations, for members of the 
Army on active duty, (except members of reserve compo-
nents provided for elsewhere), cadets, and aviation cadets; 
and for payments pursuant to section 156 of Public Law 
97–377, as amended (42 U.S.C. 402 note), and to the De-
partment 
of 
Defense 
Military 
Retirement 
Fund, 
$28,233,436,000. 
MILITARY PERSONNEL, NAVY 
For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of sta-
tion travel (including all expenses thereof for organiza-
tional movements), and expenses of temporary duty travel 
between permanent duty stations, for members of the 
Navy on active duty (except members of the Reserve pro-
vided for elsewhere), midshipmen, and aviation cadets; and 
for payments pursuant to section 156 of Public Law 97–
377, as amended (42 U.S.C. 402 note), and to the Depart-
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ment 
of 
Defense 
Military 
Retirement 
Fund, 
$23,052,001,000. 
MILITARY PERSONNEL, MARINE CORPS 
For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of sta-
tion travel (including all expenses thereof for organiza-
tional movements), and expenses of temporary duty travel 
between permanent duty stations, for members of the Ma-
rine Corps on active duty (except members of the Reserve 
provided for elsewhere); and for payments pursuant to sec-
tion 156 of Public Law 97–377, as amended (42 U.S.C. 
402 note), and to the Department of Defense Military Re-
tirement Fund, $8,962,197,000. 
MILITARY PERSONNEL, AIR FORCE 
For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of sta-
tion travel (including all expenses thereof for organiza-
tional movements), and expenses of temporary duty travel 
between permanent duty stations, for members of the Air 
Force on active duty (except members of reserve compo-
nents provided for elsewhere), cadets, and aviation cadets; 
and for payments pursuant to section 156 of Public Law 
97–377, as amended (42 U.S.C. 402 note), and to the De-
partment 
of 
Defense 
Military 
Retirement 
Fund, 
$23,121,003,000.
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RESERVE PERSONNEL, ARMY 
For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Army Re-
serve on active duty under sections 10211, 10302, and 
3038 of title 10, United States Code, or while serving on 
active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified 
in section 12310(a) of title 10, United States Code, or 
while undergoing reserve training, or while performing 
drills or equivalent duty or other duty, and for members 
of the Reserve Officers’ Training Corps, and expenses au-
thorized by section 16131 of title 10, United States Code; 
and for payments to the Department of Defense Military 
Retirement Fund, $3,568,625,000. 
RESERVE PERSONNEL, NAVY 
For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Navy Re-
serve on active duty under section 10211 of title 10, 
United States Code, or while serving on active duty under 
section 12301(d) of title 10, United States Code, in con-
nection with performing duty specified in section 12310(a) 
of title 10, United States Code, or while undergoing re-
serve training, or while performing drills or equivalent 
duty, and for members of the Reserve Officers’ Training 
Corps, and expenses authorized by section 16131 of title
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10, United States Code; and for payments to the Depart-
ment 
of 
Defense 
Military 
Retirement 
Fund, 
$1,983,153,000. 
RESERVE PERSONNEL, MARINE CORPS 
For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Marine 
Corps Reserve on active duty under section 10211 of title 
10, United States Code, or while serving on active duty 
under section 12301(d) of title 10, United States Code, 
in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while under-
going reserve training, or while performing drills or equiv-
alent duty, and for members of the Marine Corps platoon 
leaders class, and expenses authorized by section 16131 
of title 10, United States Code; and for payments to the 
Department of Defense Military Retirement Fund, 
$571,444,000. 
RESERVE PERSONNEL, AIR FORCE 
For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Air Force 
Reserve on active duty under sections 10211, 10305, and 
8038 of title 10, United States Code, or while serving on 
active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified 
in section 12310(a) of title 10, United States Code, or
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while undergoing reserve training, or while performing 
drills or equivalent duty or other duty, and for members 
of the Air Reserve Officers’ Training Corps, and expenses 
authorized by section 16131 of title 10, United States 
Code; and for payments to the Department of Defense 
Military Retirement Fund, $1,267,888,000. 
NATIONAL GUARD PERSONNEL, ARMY 
For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Army Na-
tional Guard while on duty under section 10211, 10302, 
or 12402 of title 10 or section 708 of title 32, United 
States Code, or while serving on duty under section 
12301(d) of title 10 or section 502(f) of title 32, United 
States Code, in connection with performing duty specified 
in section 12310(a) of title 10, United States Code, or 
while undergoing training, or while performing drills or 
equivalent duty or other duty, and expenses authorized by 
section 16131 of title 10, United States Code; and for pay-
ments to the Department of Defense Military Retirement 
Fund, $5,382,719,000. 
NATIONAL GUARD PERSONNEL, AIR FORCE 
For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Air Na-
tional Guard on duty under section 10211, 10305, or 
12402 of title 10 or section 708 of title 32, United States
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Code, or while serving on duty under section 12301(d) of 
title 10 or section 502(f) of title 32, United States Code, 
in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while under-
going training, or while performing drills or equivalent 
duty or other duty, and expenses authorized by section 
16131 of title 10, United States Code; and for payments 
to the Department of Defense Military Retirement Fund, 
$2,140,598,000. 
TITLE II 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
(INCLUDING TRANSFER OF FUNDS) 
For expenses, not otherwise provided for, necessary 
for the operation and maintenance of the Army, as author-
ized by law; and not to exceed $11,034,000 can be used 
for emergencies and extraordinary expenses, to be ex-
pended on the approval or authority of the Secretary of 
the Army, and payments may be made on his certificate 
of 
necessity 
for 
confidential 
military 
purposes, 
$24,903,992,000: Provided, That of the funds appro-
priated in this paragraph, not less than $355,000,000 
shall be made available only for conventional ammunition 
care and maintenance: Provided further, That of funds 
made available under this heading, $2,500,000 shall be
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available for Fort Baker, in accordance with the terms and 
conditions as provided under the heading ‘‘Operation and 
Maintenance, Army’’, in Public Law 107–117. 
OPERATION AND MAINTENANCE, NAVY 
For expenses, not otherwise provided for, necessary 
for the operation and maintenance of the Navy and the 
Marine Corps, as authorized by law; and not to exceed 
$4,463,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of 
the Secretary of the Navy, and payments may be made 
on his certificate of necessity for confidential military pur-
poses, $28,060,240,000. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For expenses, not otherwise provided for, necessary 
for the operation and maintenance of the Marine Corps, 
as authorized by law, $3,440,456,000. 
OPERATION AND MAINTENANCE, AIR FORCE 
For expenses, not otherwise provided for, necessary 
for the operation and maintenance of the Air Force, as 
authorized by law; and not to exceed $7,801,000 can be 
used for emergencies and extraordinary expenses, to be ex-
pended on the approval or authority of the Secretary of 
the Air Force, and payments may be made on his certifi-
cate of necessity for confidential military purposes, 
$26,689,043,000: Provided, That notwithstanding any
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other provision of law, that of the funds available under 
this heading, $750,000 shall only be available to the Sec-
retary of the Air Force for a grant to Florida Memorial 
College for the purpose of funding minority aviation train-
ing. 
OPERATION AND MAINTENANCE, DEFENSE-WIDE 
(INCLUDING TRANSFER OF FUNDS) 
For expenses, not otherwise provided for, necessary 
for the operation and maintenance of activities and agen-
cies of the Department of Defense (other than the military 
departments), as authorized by law, $16,124,455,000, of 
which not to exceed $25,000,000 may be available for the 
CINC initiative fund account; and of which not to exceed 
$34,500,000 can be used for emergencies and extraor-
dinary expenses, to be expended on the approval or author-
ity of the Secretary of Defense, and payments may be 
made on his certificate of necessity for confidential mili-
tary purposes: Provided, That notwithstanding any other 
provision of law, of the funds provided in this Act for Civil 
Military programs under this heading, $500,000 shall be 
available for a grant for Outdoor Odyssey, Roaring Run, 
Pennsylvania, to support the Youth Development and 
Leadership 
program 
and 
Department 
of 
Defense 
STARBASE program: Provided further, That none of the 
funds appropriated or otherwise made available by this
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Act may be used to plan or implement the consolidation 
of a budget or appropriations liaison office of the Office 
of the Secretary of Defense, the office of the Secretary 
of a military department, or the service headquarters of 
one of the Armed Forces into a legislative affairs or legis-
lative liaison office: Provided further, That $4,700,000, to 
remain available until expended, is available only for ex-
penses relating to certain classified activities, and may be 
transferred as necessary by the Secretary to operation and 
maintenance appropriations or research, development, test 
and evaluation appropriations, to be merged with and to 
be available for the same time period as the appropriations 
to which transferred: Provided further, That any ceiling 
on the investment item unit cost of items that may be pur-
chased with operation and maintenance funds shall not 
apply to the funds described in the preceding proviso: Pro-
vided further, That the transfer authority provided under 
this heading is in addition to any other transfer authority 
provided elsewhere in this Act.
OPERATION AND MAINTENANCE, ARMY RESERVE 
For expenses, not otherwise provided for, necessary 
for the operation and maintenance, including training, or-
ganization, and administration, of the Army Reserve; re-
pair of facilities and equipment; hire of passenger motor 
vehicles; travel and transportation; care of the dead; re-
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cruiting; procurement of services, supplies, and equip-
ment; and communications, $2,031,309,000. 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For expenses, not otherwise provided for, necessary 
for the operation and maintenance, including training, or-
ganization, and administration, of the Navy Reserve; re-
pair of facilities and equipment; hire of passenger motor 
vehicles; travel and transportation; care of the dead; re-
cruiting; procurement of services, supplies, and equip-
ment; and communications, $1,171,921,000. 
OPERATION AND MAINTENANCE, MARINE CORPS 
RESERVE 
For expenses, not otherwise provided for, necessary 
for the operation and maintenance, including training, or-
ganization, and administration, of the Marine Corps Re-
serve; repair of facilities and equipment; hire of passenger 
motor vehicles; travel and transportation; care of the dead; 
recruiting; procurement of services, supplies, and equip-
ment; and communications, $173,952,000. 
OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For expenses, not otherwise provided for, necessary 
for the operation and maintenance, including training, or-
ganization, and administration, of the Air Force Reserve; 
repair of facilities and equipment; hire of passenger motor 
vehicles; travel and transportation; care of the dead; re-
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cruiting; procurement of services, supplies, and equip-
ment; and communications, $2,144,188,000. 
OPERATION AND MAINTENANCE, ARMY NATIONAL 
GUARD 
For expenses of training, organizing, and admin-
istering the Army National Guard, including medical and 
hospital treatment and related expenses in non-Federal 
hospitals; maintenance, operation, and repairs to struc-
tures and facilities; hire of passenger motor vehicles; per-
sonnel services in the National Guard Bureau; travel ex-
penses (other than mileage), as authorized by law for 
Army personnel on active duty, for Army National Guard 
division, regimental, and battalion commanders while in-
specting units in compliance with National Guard Bureau 
regulations when specifically authorized by the Chief, Na-
tional Guard Bureau; supplying and equipping the Army 
National Guard as authorized by law; and expenses of re-
pair, modification, maintenance, and issue of supplies and 
equipment (including aircraft), $4,325,231,000. 
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
For operation and maintenance of the Air National 
Guard, including medical and hospital treatment and re-
lated expenses in non-Federal hospitals; maintenance, op-
eration, repair, and other necessary expenses of facilities 
for the training and administration of the Air National
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Guard, including repair of facilities, maintenance, oper-
ation, and modification of aircraft; transportation of 
things, hire of passenger motor vehicles; supplies, mate-
rials, and equipment, as authorized by law for the Air Na-
tional Guard; and expenses incident to the maintenance 
and use of supplies, materials, and equipment, including 
such as may be furnished from stocks under the control 
of agencies of the Department of Defense; travel expenses 
(other than mileage) on the same basis as authorized by 
law for Air National Guard personnel on active Federal 
duty, for Air National Guard commanders while inspecting 
units in compliance with National Guard Bureau regula-
tions when specifically authorized by the Chief, National 
Guard Bureau, $4,424,046,000. 
OVERSEAS CONTINGENCY OPERATIONS TRANSFER 
ACCOUNT 
(INCLUDING TRANSFER OF FUNDS) 
For expenses directly relating to Overseas Contin-
gency Operations by United States military forces, 
$5,000,000, to remain available until expended: Provided, 
That the Secretary of Defense may transfer these funds 
only to military personnel accounts; operation and mainte-
nance accounts within this title; the Defense Health Pro-
gram appropriation; procurement accounts; research, de-
velopment, test and evaluation accounts; and to working
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capital funds: Provided further, That the funds transferred 
shall be merged with and shall be available for the same 
purposes and for the same time period, as the appropria-
tion to which transferred: Provided further, That upon de-
termination that all or part of the funds transferred from 
this appropriation are not necessary for the purposes pro-
vided herein, such amounts may be transferred back to 
this appropriation: Provided further, That the transfer au-
thority provided in this paragraph is in addition to any 
other transfer authority contained elsewhere in this Act. 
UNITED STATES COURT OF APPEALS FOR THE ARMED 
FORCES 
For salaries and expenses necessary for the United 
States Court of Appeals for the Armed Forces, 
$10,333,000, of which not to exceed $2,500 can be used 
for official representation purposes. 
ENVIRONMENTAL RESTORATION, ARMY 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Army, $396,018,000, to 
remain available until transferred: Provided, That the Sec-
retary of the Army shall, upon determining that such 
funds are required for environmental restoration, reduc-
tion and recycling of hazardous waste, removal of unsafe 
buildings and debris of the Department of the Army, or 
for similar purposes, transfer the funds made available by
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this appropriation to other appropriations made available 
to the Department of the Army, to be merged with and 
to be available for the same purposes and for the same 
time period as the appropriations to which transferred: 
Provided further, That upon a determination that all or 
part of the funds transferred from this appropriation are 
not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation. 
ENVIRONMENTAL RESTORATION, NAVY 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Navy, $256,153,000, to 
remain available until transferred: Provided, That the Sec-
retary of the Navy shall, upon determining that such 
funds are required for environmental restoration, reduc-
tion and recycling of hazardous waste, removal of unsafe 
buildings and debris of the Department of the Navy, or 
for similar purposes, transfer the funds made available by 
this appropriation to other appropriations made available 
to the Department of the Navy, to be merged with and 
to be available for the same purposes and for the same 
time period as the appropriations to which transferred: 
Provided further, That upon a determination that all or 
part of the funds transferred from this appropriation are 
not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation.
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ENVIRONMENTAL RESTORATION, AIR FORCE 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Air Force, $384,307,000, 
to remain available until transferred: Provided, That the 
Secretary of the Air Force shall, upon determining that 
such funds are required for environmental restoration, re-
duction and recycling of hazardous waste, removal of un-
safe buildings and debris of the Department of the Air 
Force, or for similar purposes, transfer the funds made 
available by this appropriation to other appropriations 
made available to the Department of the Air Force, to be 
merged with and to be available for the same purposes 
and for the same time period as the appropriations to 
which transferred: Provided further, That upon a deter-
mination that all or part of the funds transferred from 
this appropriation are not necessary for the purposes pro-
vided herein, such amounts may be transferred back to 
this appropriation. 
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of Defense, $24,081,000, to re-
main available until transferred: Provided, That the Sec-
retary of Defense shall, upon determining that such funds 
are required for environmental restoration, reduction and 
recycling of hazardous waste, removal of unsafe buildings
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and debris of the Department of Defense, or for similar 
purposes, transfer the funds made available by this appro-
priation to other appropriations made available to the De-
partment of Defense, to be merged with and to be avail-
able for the same purposes and for the same time period 
as the appropriations to which transferred: Provided fur-
ther, That upon a determination that all or part of the 
funds transferred from this appropriation are not nec-
essary for the purposes provided herein, such amounts 
may be transferred back to this appropriation. 
ENVIRONMENTAL RESTORATION, FORMERLY USED 
DEFENSE SITES 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Army, $221,369,000, to 
remain available until transferred: Provided, That the Sec-
retary of the Army shall, upon determining that such 
funds are required for environmental restoration, reduc-
tion and recycling of hazardous waste, removal of unsafe 
buildings and debris at sites formerly used by the Depart-
ment of Defense, transfer the funds made available by this 
appropriation to other appropriations made available to 
the Department of the Army, to be merged with and to 
be available for the same purposes and for the same time 
period as the appropriations to which transferred: Pro-
vided further, That upon a determination that all or part
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of the funds transferred from this appropriation are not 
necessary for the purposes provided herein, such amounts 
may be transferred back to this appropriation. 
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID 
For expenses relating to the Overseas Humanitarian, 
Disaster, and Civic Aid programs of the Department of 
Defense (consisting of the programs provided under sec-
tions 401, 402, 404, 2547, and 2561 of title 10, United 
States Code), $59,000,000, to remain available until Sep-
tember 30, 2005. 
FORMER SOVIET UNION THREAT REDUCTION 
For assistance to the republics of the former Soviet 
Union, including assistance provided by contract or by 
grants, for facilitating the elimination and the safe and 
secure transportation and storage of nuclear, chemical and 
other weapons; for establishing programs to prevent the 
proliferation of weapons, weapons components, and weap-
on-related technology and expertise; for programs relating 
to the training and support of defense and military per-
sonnel for demilitarization and protection of weapons, 
weapons components and weapons technology and exper-
tise, and for defense and military contacts, $450,800,000, 
to remain available until September 30, 2006.
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TITLE III 
PROCUREMENT 
AIRCRAFT PROCUREMENT, ARMY 
For construction, procurement, production, modifica-
tion, and modernization of aircraft, equipment, including 
ordnance, ground handling equipment, spare parts, and 
accessories therefor; specialized equipment and training 
devices; expansion of public and private plants, including 
the land necessary therefor, for the foregoing purposes, 
and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of 
title; and procurement and installation of equipment, ap-
pliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the 
foregoing purposes, $2,180,785,000, to remain available 
for obligation until September 30, 2006. 
MISSILE PROCUREMENT, ARMY 
For construction, procurement, production, modifica-
tion, and modernization of missiles, equipment, including 
ordnance, ground handling equipment, spare parts, and 
accessories therefor; specialized equipment and training 
devices; expansion of public and private plants, including 
the land necessary therefor, for the foregoing purposes, 
and such lands and interests therein, may be acquired,
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and construction prosecuted thereon prior to approval of 
title; and procurement and installation of equipment, ap-
pliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the 
foregoing purposes, $1,533,462,000, to remain available 
for obligation until September 30, 2006. 
PROCUREMENT OF WEAPONS AND TRACKED COMBAT 
VEHICLES, ARMY 
For construction, procurement, production, and 
modification of weapons and tracked combat vehicles, 
equipment, including ordnance, spare parts, and acces-
sories therefor; specialized equipment and training devices; 
expansion of public and private plants, including the land 
necessary therefor, for the foregoing purposes, and such 
lands and interests therein, may be acquired, and con-
struction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, 
and machine tools in public and private plants; reserve 
plant and Government and contractor-owned equipment 
layaway; and other expenses necessary for the foregoing 
purposes, $1,956,504,000, to remain available for obliga-
tion until September 30, 2006: Provided, That of the 
funds made available under this heading, $35,000,000
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shall be available only for advance procurement items for 
the fifth and sixth Stryker Brigade Combat Teams. 
PROCUREMENT OF AMMUNITION, ARMY 
For construction, procurement, production, and 
modification of ammunition, and accessories therefor; spe-
cialized equipment and training devices; expansion of pub-
lic and private plants, including ammunition facilities au-
thorized by section 2854 of title 10, United States Code, 
and the land necessary therefor, for the foregoing pur-
poses, and such lands and interests therein, may be ac-
quired, and construction prosecuted thereon prior to ap-
proval of title; and procurement and installation of equip-
ment, appliances, and machine tools in public and private 
plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary 
for the foregoing purposes, $1,355,466,000, to remain 
available for obligation until September 30, 2006. 
OTHER PROCUREMENT, ARMY 
For construction, procurement, production, and 
modification of vehicles, including tactical, support, and 
non-tracked combat vehicles; the purchase of passenger 
motor vehicles for replacement only; and the purchase of 
4 vehicles required for physical security of personnel, not-
withstanding price limitations applicable to passenger ve-
hicles but not to exceed $180,000 per vehicle; communica-
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tions and electronic equipment; other support equipment; 
spare parts, ordnance, and accessories therefor; specialized 
equipment and training devices; expansion of public and 
private plants, including the land necessary therefor, for 
the foregoing purposes, and such lands and interests 
therein, may be acquired, and construction prosecuted 
thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools 
in public and private plants; reserve plant and Govern-
ment and contractor-owned equipment layaway; and other 
expenses 
necessary 
for 
the 
foregoing 
purposes, 
$4,547,596,000, to remain available for obligation until 
September 30, 2006. 
AIRCRAFT PROCUREMENT, NAVY 
For construction, procurement, production, modifica-
tion, and modernization of aircraft, equipment, including 
ordnance, spare parts, and accessories therefor; specialized 
equipment; expansion of public and private plants, includ-
ing the land necessary therefor, and such lands and inter-
ests therein, may be acquired, and construction prosecuted 
thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools 
in public and private plants; reserve plant and Govern-
ment 
and 
contractor-owned 
equipment 
layaway,
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$9,030,148,000, to remain available for obligation until 
September 30, 2006. 
WEAPONS PROCUREMENT, NAVY 
For construction, procurement, production, modifica-
tion, and modernization of missiles, torpedoes, other weap-
ons, and related support equipment including spare parts, 
and accessories therefor; expansion of public and private 
plants, including the land necessary therefor, and such 
lands and interests therein, may be acquired, and con-
struction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, 
and machine tools in public and private plants; reserve 
plant and Government and contractor-owned equipment 
layaway, $2,205,634,000, to remain available for obliga-
tion until September 30, 2006. 
PROCUREMENT OF AMMUNITION, NAVY AND MARINE 
CORPS 
For construction, procurement, production, and 
modification of ammunition, and accessories therefor; spe-
cialized equipment and training devices; expansion of pub-
lic and private plants, including ammunition facilities au-
thorized by section 2854 of title 10, United States Code, 
and the land necessary therefor, for the foregoing pur-
poses, and such lands and interests therein, may be ac-
quired, and construction prosecuted thereon prior to ap-
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proval of title; and procurement and installation of equip-
ment, appliances, and machine tools in public and private 
plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary 
for the foregoing purposes, $941,855,000, to remain avail-
able for obligation until September 30, 2006. 
SHIPBUILDING AND CONVERSION, NAVY 
For expenses necessary for the construction, acquisi-
tion, or conversion of vessels as authorized by law, includ-
ing armor and armament thereof, plant equipment, appli-
ances, and machine tools and installation thereof in public 
and private plants; reserve plant and Government and con-
tractor-owned equipment layaway; procurement of critical, 
long leadtime components and designs for vessels to be 
constructed or converted in the future; and expansion of 
public and private plants, including land necessary there-
for, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of 
title, as follows: 
Carrier Replacement Program, $1,186,564,000; 
Virginia Class Submarine, $2,123,221,000; 
SSGN Conversion, $1,167,300,000; 
Cruiser Conversion, $194,440,000; 
CVN Refueling Overhauls, $367,832,000; 
Submarine Refueling Overhauls, $123,372,000;
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DDG–51, $3,198,311,000; 
LHD–1 
Amphibious 
Assault 
Ship, 
$355,006,000; 
LPD–17, $1,367,034,000; 
Minehunter, SWATH, $9,000,000; 
Service Craft, $39,480,000; 
Landing 
Craft 
Air 
Cushion, 
LCAC, 
$73,087,000; 
Prior 
Year 
Shipbuilding 
Program, 
$899,502,000; and 
For outfitting, post delivery, conversions, and 
first destination transportation, $348,949,000. 
In all: $11,453,098,000, to remain available for obligation 
until September 30, 2008: Provided, That additional obli-
gations may be incurred after September 30, 2008, for 
engineering services, tests, evaluations, and other such 
budgeted work that must be performed in the final stage 
of ship construction: Provided further, That none of the 
funds provided under this heading for the construction or 
conversion of any naval vessel to be constructed in ship-
yards in the United States shall be expended in foreign 
facilities for the construction of major components of such 
vessel: Provided further, That none of the funds provided 
under this heading shall be used for the construction of 
any naval vessel in foreign shipyards.
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OTHER PROCUREMENT, NAVY 
For procurement, production, and modernization of 
support equipment and materials not otherwise provided 
for, Navy ordnance (except ordnance for new aircraft, new 
ships, and ships authorized for conversion); the purchase 
of passenger motor vehicles for replacement only, and the 
purchase of 2 vehicles required for physical security of 
personnel, notwithstanding price limitations applicable to 
passenger carrying vehicles but not to exceed $245,000 
per unit; expansion of public and private plants, including 
the land necessary therefor, and such lands and interests 
therein, may be acquired, and construction prosecuted 
thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools 
in public and private plants; reserve plant and Govern-
ment 
and 
contractor-owned 
equipment 
layaway, 
$4,784,742,000, to remain available for obligation until 
September 30, 2006. 
PROCUREMENT, MARINE CORPS 
For expenses necessary for the procurement, manu-
facture, and modification of missiles, armament, military 
equipment, spare parts, and accessories therefor; plant 
equipment, appliances, and machine tools, and installation 
thereof in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; ve-
HR 2658 RH 
hicles for the Marine Corps, including the purchase of pas-
senger motor vehicles for replacement only; and expansion 
of public and private plants, including land necessary 
therefor, and such lands and interests therein, may be ac-
quired, and construction prosecuted thereon prior to ap-
proval of title, $1,200,499,000, to remain available for ob-
ligation until September 30, 2006. 
AIRCRAFT PROCUREMENT, AIR FORCE 
For construction, procurement, and modification of 
aircraft and equipment, including armor and armament, 
specialized ground handling equipment, and training de-
vices, spare parts, and accessories therefor; specialized 
equipment; expansion of public and private plants, Gov-
ernment-owned equipment and installation thereof in such 
plants, erection of structures, and acquisition of land, for 
the foregoing purposes, and such lands and interests 
therein, may be acquired, and construction prosecuted 
thereon prior to approval of title; reserve plant and Gov-
ernment and contractor-owned equipment layaway; and 
other expenses necessary for the foregoing purposes in-
cluding 
rents 
and 
transportation 
of 
things, 
$11,877,051,000, to remain available for obligation until 
September 30, 2006.
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MISSILE PROCUREMENT, AIR FORCE 
For construction, procurement, and modification of 
missiles, spacecraft, rockets, and related equipment, in-
cluding spare parts and accessories therefor, ground han-
dling equipment, and training devices; expansion of public 
and private plants, Government-owned equipment and in-
stallation thereof in such plants, erection of structures, 
and acquisition of land, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; 
reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the 
foregoing purposes including rents and transportation of 
things, $4,235,505,000, to remain available for obligation 
until September 30, 2006. 
PROCUREMENT OF AMMUNITION, AIR FORCE 
For construction, procurement, production, and 
modification of ammunition, and accessories therefor; spe-
cialized equipment and training devices; expansion of pub-
lic and private plants, including ammunition facilities au-
thorized by section 2854 of title 10, United States Code, 
and the land necessary therefor, for the foregoing pur-
poses, and such lands and interests therein, may be ac-
quired, and construction prosecuted thereon prior to ap-
proval of title; and procurement and installation of equip-
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ment, appliances, and machine tools in public and private 
plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary 
for the foregoing purposes, $1,279,725,000, to remain 
available for obligation until September 30, 2006. 
OTHER PROCUREMENT, AIR FORCE 
For procurement and modification of equipment (in-
cluding ground guidance and electronic control equipment, 
and ground electronic and communication equipment), 
and supplies, materials, and spare parts therefor, not oth-
erwise provided for; the purchase of passenger motor vehi-
cles for replacement only, and the purchase of 1 vehicle 
required for physical security of personnel, notwith-
standing price limitations applicable to passenger vehicles 
but not to exceed $243,000 per vehicle; lease of passenger 
motor vehicles; and expansion of public and private plants, 
Government-owned equipment and installation thereof in 
such plants, erection of structures, and acquisition of land, 
for the foregoing purposes, and such lands and interests 
therein, may be acquired, and construction prosecuted 
thereon, prior to approval of title; reserve plant and Gov-
ernment 
and 
contractor-owned 
equipment 
layaway, 
$11,195,159,000, to remain available for obligation until 
September 30, 2006.
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PROCUREMENT, DEFENSE-WIDE 
For expenses of activities and agencies of the Depart-
ment of Defense (other than the military departments) 
necessary for procurement, production, and modification 
of equipment, supplies, materials, and spare parts there-
for, not otherwise provided for; the purchase of passenger 
motor vehicles for replacement only, including not to ex-
ceed 3 passenger motor vehicles for the Defense Security 
Service; the purchase of 4 vehicles required for physical 
security of personnel, notwithstanding price limitations 
applicable to passenger vehicles but not to exceed 
$250,000 per vehicle; expansion of public and private 
plants, equipment, and installation thereof in such plants, 
erection of structures, and acquisition of land for the fore-
going purposes, and such lands and interests therein, may 
be acquired, and construction prosecuted thereon prior to 
approval of title; reserve plant and Government and con-
tractor-owned equipment layaway, $3,803,776,000, to re-
main available for obligation until September 30, 2006.
NATIONAL GUARD AND RESERVE EQUIPMENT 
For procurement of aircraft, missiles, tracked combat 
vehicles, ammunition, other weapons, and other procure-
ment for the reserve components of the Armed Forces, 
$100,000,000, to remain available for obligation until Sep-
tember 30, 2006: Provided, That the Chiefs of the Reserve
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and National Guard components shall, not later than 30 
days after the enactment of this Act, individually submit 
to the congressional defense committees the modernization 
priority assessment for their respective Reserve or Na-
tional Guard component. 
DEFENSE PRODUCTION ACT PURCHASES 
For activities by the Department of Defense pursuant 
to sections 108, 301, 302, and 303 of the Defense Produc-
tion Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 
2093), $67,516,000, to remain available until expended. 
TITLE IV 
RESEARCH, DEVELOPMENT, TEST AND 
EVALUATION 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
ARMY 
For expenses necessary for basic and applied sci-
entific research, development, test and evaluation, includ-
ing maintenance, rehabilitation, lease, and operation of fa-
cilities and equipment, $10,186,272,000, to remain avail-
able for obligation until September 30, 2005: Provided, 
That of the amounts provided under this heading, 
$10,000,000 for Molecular Genetics and Musculoskeletal 
Research in program element 0602787A, shall remain 
available until expended.
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as may be designated and determined by the Secretary 
of Defense, pursuant to law; maintenance, rehabilitation, 
lease, and operation of facilities and equipment, 
$18,763,791,000, to remain available for obligation until 
September 30, 2005. 
OPERATIONAL TEST AND EVALUATION, DEFENSE 
For expenses, not otherwise provided for, necessary 
for the independent activities of the Director, Operational 
Test and Evaluation, in the direction and supervision of 
operational test and evaluation, including initial oper-
ational test and evaluation which is conducted prior to, 
and in support of, production decisions; joint operational 
testing and evaluation; and administrative expenses in 
connection therewith, $293,661,000, to remain available 
for obligation until September 30, 2005. 
TITLE V 
REVOLVING AND MANAGEMENT FUNDS 
DEFENSE WORKING CAPITAL FUNDS 
For 
the 
Defense 
Working 
Capital 
Funds, 
$1,721,507,000. 
NATIONAL DEFENSE SEALIFT FUND 
For National Defense Sealift Fund programs, 
projects, and activities, and for expenses of the National 
Defense Reserve Fleet, as established by section 11 of the 
Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744),
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and for the necessary expenses to maintain and preserve 
a U.S.-flag merchant fleet to serve the national security 
needs of the United States, $1,066,462,000, to remain 
available until expended: Provided, That none of the funds 
provided in this paragraph shall be used to award a new 
contract that provides for the acquisition of any of the 
following major components unless such components are 
manufactured in the United States: auxiliary equipment, 
including pumps, for all shipboard services; propulsion 
system components (that is; engines, reduction gears, and 
propellers); shipboard cranes; and spreaders for shipboard 
cranes: Provided further, That the exercise of an option 
in a contract awarded through the obligation of previously 
appropriated funds shall not be considered to be the award 
of a new contract: Provided further, That the Secretary 
of the military department responsible for such procure-
ment may waive the restrictions in the first proviso on 
a case-by-case basis by certifying in writing to the Com-
mittees on Appropriations of the House of Representatives 
and the Senate that adequate domestic supplies are not 
available to meet Department of Defense requirements on 
a timely basis and that such an acquisition must be made 
in order to acquire capability for national security pur-
poses: Provided further, That, notwithstanding any other 
provision of law, $6,500,000 of the funds available under
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this heading shall be available in addition to other 
amounts otherwise available, only to finance the cost of 
constructing additional sealift capacity.
TITLE VI 
OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DEFENSE HEALTH PROGRAM 
For expenses, not otherwise provided for, for medical 
and health care programs of the Department of Defense, 
as authorized by law, $15,613,159,000, of which 
$14,874,037,000 shall be for Operation and maintenance, 
of which not to exceed 2 percent shall remain available 
until September 30, 2005; of which $328,826,000, to re-
main available for obligation until September 30, 2006, 
shall be for Procurement; and of which $410,296,000, to 
remain available for obligation until September 30, 2005, 
shall be for Research, development, test and evaluation. 
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 
ARMY 
For expenses, not otherwise provided for, necessary 
for the destruction of the United States stockpile of lethal 
chemical agents and munitions in accordance with the pro-
visions of section 1412 of the Department of Defense Au-
thorization Act, 1986 (50 U.S.C. 1521), and for the de-
struction of other chemical warfare materials that are not 
in the chemical weapon stockpile, $1,533,261,000, of
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which $1,199,168,000 shall be for Operation and mainte-
nance to remain available until September 30, 2005; 
$79,212,000 shall be for Procurement to remain available 
until September 30, 2006; $254,881,000 shall be for Re-
search, development, test and evaluation to remain avail-
able until September 30, 2005; and no more than 
$132,677,000 may be for the Chemical Stockpile Emer-
gency Preparedness Program, of which $44,168,000 shall 
be for activities on military installations and $88,509,000 
shall be to assist state and local governments. 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 
DEFENSE 
(INCLUDING TRANSFER OF FUNDS) 
For drug interdiction and counter-drug activities of 
the Department of Defense, for transfer to appropriations 
available to the Department of Defense for military per-
sonnel of the reserve components serving under the provi-
sions of title 10 and title 32, United States Code; for Op-
eration and maintenance; for Procurement; and for Re-
search, development, test and evaluation, $817,371,000: 
Provided, That the funds appropriated under this heading 
shall be available for obligation for the same time period 
and for the same purpose as the appropriation to which 
transferred: Provided further, That upon a determination 
that all or part of the funds transferred from this appro-
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priation are not necessary for the purposes provided here-
in, such amounts may be transferred back to this appro-
priation: Provided further, That the transfer authority pro-
vided under this heading is in addition to any other trans-
fer authority contained elsewhere in this Act.
OFFICE OF THE INSPECTOR GENERAL 
For expenses and activities of the Office of the In-
spector General in carrying out the provisions of the In-
spector General Act of 1978, as amended, $162,449,000, 
of which $160,049,000 shall be for Operation and mainte-
nance, of which not to exceed $700,000 is available for 
emergencies and extraordinary expenses to be expended on 
the approval or authority of the Inspector General, and 
payments may be made on the Inspector General’s certifi-
cate of necessity for confidential military purposes; and 
of which $300,000 to remain available until September 30, 
2005, shall be for Research, Development, Test and Eval-
uation; and of which $2,100,000, to remain available until 
September 30, 2006, shall be for Procurement. 
TITLE VII 
RELATED AGENCIES
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 
DISABILITY SYSTEM FUND 
For payment to the Central Intelligence Agency Re-
tirement and Disability System Fund, to maintain the
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proper funding level for continuing the operation of the 
Central Intelligence Agency Retirement and Disability 
System, $226,400,000.
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Intelligence Commu-
nity Management Account, $170,640,000, of which 
$26,081,000 for the Advanced Research and Development 
Committee shall remain available until September 30, 
2005: Provided, That of the funds appropriated under this 
heading, $46,100,000 shall be transferred to the Depart-
ment of Justice for the National Drug Intelligence Center 
to support the Department of Defense’s counter-drug in-
telligence responsibilities, and of the said amount, 
$1,500,000 for Procurement shall remain available until 
September 30, 2006 and $1,000,000 for Research, devel-
opment, test and evaluation shall remain available until 
September 30, 2005: Provided further, That the National 
Drug Intelligence Center shall maintain the personnel and 
technical resources to provide timely support to law en-
forcement authorities and the intelligence community by 
conducting document and computer exploitation of mate-
rials collected in Federal, State, and local law enforcement 
activity associated with counter-drug, counter-terrorism, 
and national security investigations and operations.
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NATIONAL SECURITY EDUCATION TRUST FUND 
For the purposes of title VIII of Public Law 102–
183, $8,000,000, to be derived from the National Security 
Education Trust Fund, to remain available until ex-
pended. 
TITLE VIII 
GENERAL PROVISIONS 
SEC. 8001. No part of any appropriation contained 
in this Act shall be used for publicity or propaganda pur-
poses not authorized by the Congress. 
SEC. 8002. During the current fiscal year, provisions 
of law prohibiting the payment of compensation to, or em-
ployment of, any person not a citizen of the United States 
shall not apply to personnel of the Department of Defense: 
Provided, That salary increases granted to direct and indi-
rect hire foreign national employees of the Department of 
Defense funded by this Act shall not be at a rate in excess 
of the percentage increase authorized by law for civilian 
employees of the Department of Defense whose pay is 
computed under the provisions of section 5332 of title 5, 
United States Code, or at a rate in excess of the percent-
age increase provided by the appropriate host nation to 
its own employees, whichever is higher: Provided further, 
That this section shall not apply to Department of De-
fense foreign service national employees serving at United
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States diplomatic missions whose pay is set by the Depart-
ment of State under the Foreign Service Act of 1980: Pro-
vided further, That the limitations of this provision shall 
not apply to foreign national employees of the Department 
of Defense in the Republic of Turkey. 
SEC. 8003. No part of any appropriation contained 
in this Act shall remain available for obligation beyond 
the current fiscal year, unless expressly so provided herein. 
SEC. 8004. No more than 20 percent of the appro-
priations in this Act which are limited for obligation dur-
ing the current fiscal year shall be obligated during the 
last 2 months of the fiscal year: Provided, That this sec-
tion shall not apply to obligations for support of active 
duty training of reserve components or summer camp 
training of the Reserve Officers’ Training Corps. 
(TRANSFER OF FUNDS) 
SEC. 8005. Upon determination by the Secretary of 
Defense that such action is necessary in the national inter-
est, he may, with the approval of the Office of Manage-
ment and Budget, transfer not to exceed $2,500,000,000 
of working capital funds of the Department of Defense 
or funds made available in this Act to the Department 
of Defense for military functions (except military con-
struction) between such appropriations or funds or any 
subdivision thereof, to be merged with and to be available 
for the same purposes, and for the same time period, as
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the appropriation or fund to which transferred: Provided, 
That such authority to transfer may not be used unless 
for higher priority items, based on unforeseen military re-
quirements, than those for which originally appropriated 
and in no case where the item for which funds are re-
quested has been denied by the Congress: Provided further, 
That the Secretary of Defense shall notify the Congress 
promptly of all transfers made pursuant to this authority 
or any other authority in this Act: Provided further, That 
no part of the funds in this Act shall be available to pre-
pare or present a request to the Committees on Appropria-
tions for reprogramming of funds, unless for higher pri-
ority items, based on unforeseen military requirements, 
than those for which originally appropriated and in no 
case where the item for which reprogramming is requested 
has been denied by the Congress: Provided further, That 
a request for multiple reprogrammings of funds using au-
thority provided in this section must be made prior to May 
31, 2004. 
(TRANSFER OF FUNDS) 
SEC. 8006. During the current fiscal year, cash bal-
ances in working capital funds of the Department of De-
fense established pursuant to section 2208 of title 10, 
United States Code, may be maintained in only such 
amounts as are necessary at any time for cash disburse-
ments to be made from such funds: Provided, That trans-
HR 2658 RH 
fers may be made between such funds: Provided further, 
That transfers may be made between working capital 
funds and the ‘‘Foreign Currency Fluctuations, Defense’’ 
appropriation and the ‘‘Operation and Maintenance’’ ap-
propriation accounts in such amounts as may be deter-
mined by the Secretary of Defense, with the approval of 
the Office of Management and Budget, except that such 
transfers may not be made unless the Secretary of Defense 
has notified the Congress of the proposed transfer. Except 
in amounts equal to the amounts appropriated to working 
capital funds in this Act, no obligations may be made 
against a working capital fund to procure or increase the 
value of war reserve material inventory, unless the Sec-
retary of Defense has notified the Congress prior to any 
such obligation. 
SEC. 8007. Funds appropriated by this Act may not 
be used to initiate a special access program without prior 
notification 30 calendar days in session in advance to the 
congressional defense committees. 
SEC. 8008. None of the funds provided in this Act 
shall be available to initiate: (1) a multiyear contract that 
employs economic order quantity procurement in excess of 
$20,000,000 in any 1 year of the contract or that includes 
an unfunded contingent liability in excess of $20,000,000; 
or (2) a contract for advance procurement leading to a
HR 2658 RH 
multiyear contract that employs economic order quantity 
procurement in excess of $20,000,000 in any 1 year, un-
less the congressional defense committees have been noti-
fied at least 30 days in advance of the proposed contract 
award: Provided, That no part of any appropriation con-
tained in this Act shall be available to initiate a multiyear 
contract for which the economic order quantity advance 
procurement is not funded at least to the limits of the 
Government’s liability: Provided further, That no part of 
any appropriation contained in this Act shall be available 
to initiate multiyear procurement contracts for any sys-
tems or component thereof if the value of the multiyear 
contract would exceed $500,000,000 unless specifically 
provided in this Act: Provided further, That no multiyear 
procurement contract can be terminated without 10-day 
prior notification to the congressional defense committees: 
Provided further, That the execution of multiyear author-
ity shall require the use of a present value analysis to de-
termine lowest cost compared to an annual procurement. 
Funds appropriated in title III of this Act may be 
used for multiyear procurement contracts as follows: 
F/A–18 aircraft; 
E–2C aircraft; and 
Tactical Tomahawk missile.
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SEC. 8009. Within the funds appropriated for the op-
eration and maintenance of the Armed Forces, funds are 
hereby appropriated pursuant to section 401 of title 10, 
United States Code, for humanitarian and civic assistance 
costs under chapter 20 of title 10, United States Code. 
Such funds may also be obligated for humanitarian and 
civic assistance costs incidental to authorized operations 
and pursuant to authority granted in section 401 of chap-
ter 20 of title 10, United States Code, and these obliga-
tions shall be reported as required by section 401(d) of 
title 10, United States Code: Provided, That funds avail-
able for operation and maintenance shall be available for 
providing humanitarian and similar assistance by using 
Civic Action Teams in the Trust Territories of the Pacific 
Islands and freely associated states of Micronesia, pursu-
ant to the Compact of Free Association as authorized by 
Public Law 99–239: Provided further, That upon a deter-
mination by the Secretary of the Army that such action 
is beneficial for graduate medical education programs con-
ducted at Army medical facilities located in Hawaii, the 
Secretary of the Army may authorize the provision of med-
ical services at such facilities and transportation to such 
facilities, on a nonreimbursable basis, for civilian patients 
from American Samoa, the Commonwealth of the North-
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ern Mariana Islands, the Marshall Islands, the Federated 
States of Micronesia, Palau, and Guam. 
SEC. 8010. (a) During fiscal year 2004, the civilian 
personnel of the Department of Defense may not be man-
aged on the basis of any end-strength, and the manage-
ment of such personnel during that fiscal year shall not 
be subject to any constraint or limitation (known as an 
end-strength) on the number of such personnel who may 
be employed on the last day of such fiscal year. 
(b) The fiscal year 2005 budget request for the De-
partment of Defense as well as all justification material 
and other documentation supporting the fiscal year 2005 
Department of Defense budget request shall be prepared 
and submitted to the Congress as if subsections (a) and 
(b) of this provision were effective with regard to fiscal 
year 2005. 
(c) Nothing in this section shall be construed to apply 
to military (civilian) technicians. 
SEC. 8011. Notwithstanding any other provision of 
law, none of the funds made available by this Act shall 
be used by the Department of Defense to exceed, outside 
the 50 United States, its territories, and the District of 
Columbia, 125,000 civilian workyears: Provided, That 
workyears shall be applied as defined in the Federal Per-
sonnel Manual: Provided further, That workyears ex-
HR 2658 RH 
pended in dependent student hiring programs for dis-
advantaged youths shall not be included in this workyear 
limitation. 
SEC. 8012. None of the funds made available by this 
Act shall be used in any way, directly or indirectly, to in-
fluence congressional action on any legislation or appro-
priation matters pending before the Congress. 
SEC. 8013. None of the funds appropriated by this 
Act shall be available for the basic pay and allowances of 
any member of the Army participating as a full-time stu-
dent and receiving benefits paid by the Secretary of Vet-
erans Affairs from the Department of Defense Education 
Benefits Fund when time spent as a full-time student is 
credited toward completion of a service commitment: Pro-
vided, That this subsection shall not apply to those mem-
bers who have reenlisted with this option prior to October 
1, 1987: Provided further, That this subsection applies 
only to active components of the Army. 
SEC. 8014. None of the funds appropriated by this 
Act shall be available to convert to contractor performance 
an activity or function of the Department of Defense that, 
on or after the date of the enactment of this Act, is per-
formed by more than 10 Department of Defense civilian 
employees unless such conversion is based on the result 
of a public-private competition that includes a most effi-
HR 2658 RH 
cient and cost effective organization plan developed by 
such activity or function and the Competitive Sourcing Of-
ficial certifies that the projected savings of the competition 
exceed the minimum conversion differential for such activ-
ity or function: Provided, That this section shall not apply 
in circumstances in which the Department of Defense pub-
lishes in the Federal Register a determination that compli-
ance would have an adverse impact on national security: 
Provided further, That this section and subsections (a), 
(b), and (c) of 10 U.S.C. 2461 shall not apply to a com-
mercial or industrial type function of the Department of 
Defense that: (1) is included on the procurement list es-
tablished pursuant to section 2 of the Act of June 25, 
1938 (41 U.S.C. 47), popularly referred to as the Javits-
Wagner-O’Day Act; (2) is planned to be converted to per-
formance by a qualified nonprofit agency for the blind or 
by a qualified nonprofit agency for other severely handi-
capped individuals in accordance with that Act; or (3) is 
planned to be converted to performance by a qualified firm 
under 51 percent ownership by an Indian tribe, as defined 
in section 450b(e) of title 25, United States Code, or a 
Native Hawaiian organization, as defined in section 
637(a)(15) of title 15, United States Code. 
(TRANSFER OF FUNDS) 
SEC. 8015. Funds appropriated in title III of this Act 
for the Department of Defense Pilot Mentor-Protege Pro-
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gram may be transferred to any other appropriation con-
tained in this Act solely for the purpose of implementing 
a Mentor-Protege Program developmental assistance 
agreement pursuant to section 831 of the National De-
fense Authorization Act for Fiscal Year 1991 (Public Law 
101–510; 10 U.S.C. 2301 note), as amended, under the 
authority of this provision or any other transfer authority 
contained in this Act. 
SEC. 8016. None of the funds in this Act may be 
available for the purchase by the Department of Defense 
(and its departments and agencies) of welded shipboard 
anchor and mooring chain 4 inches in diameter and under 
unless the anchor and mooring chain are manufactured 
in the United States from components which are substan-
tially manufactured in the United States: Provided, That 
for the purpose of this section manufactured will include 
cutting, heat treating, quality control, testing of chain and 
welding (including the forging and shot blasting process): 
Provided further, That for the purpose of this section sub-
stantially all of the components of anchor and mooring 
chain shall be considered to be produced or manufactured 
in the United States if the aggregate cost of the compo-
nents produced or manufactured in the United States ex-
ceeds the aggregate cost of the components produced or 
manufactured outside the United States: Provided further,
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That when adequate domestic supplies are not available 
to meet Department of Defense requirements on a timely 
basis, the Secretary of the service responsible for the pro-
curement may waive this restriction on a case-by-case 
basis by certifying in writing to the Committees on Appro-
priations that such an acquisition must be made in order 
to acquire capability for national security purposes. 
SEC. 8017. None of the funds appropriated by this 
Act available for the Civilian Health and Medical Program 
of the Uniformed Services (CHAMPUS) or TRICARE 
shall be available for the reimbursement of any health care 
provider for inpatient mental health service for care re-
ceived when a patient is referred to a provider of inpatient 
mental health care or residential treatment care by a med-
ical or health care professional having an economic inter-
est in the facility to which the patient is referred: Pro-
vided, That this limitation does not apply in the case of 
inpatient mental health services provided under the pro-
gram for persons with disabilities under subsection (d) of 
section 1079 of title 10, United States Code, provided as 
partial hospital care, or provided pursuant to a waiver au-
thorized by the Secretary of Defense because of medical 
or psychological circumstances of the patient that are con-
firmed by a health professional who is not a Federal em-
ployee after a review, pursuant to rules prescribed by the
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Secretary, which takes into account the appropriate level 
of care for the patient, the intensity of services required 
by the patient, and the availability of that care. 
SEC. 8018. (a) During the current fiscal year and 
hereafter, the Secretary of Defense may, by executive 
agreement, establish with the government of any North 
Atlantic Treaty Organization member nation a separate 
account into which residual value amounts negotiated with 
that nation in the return of United States military instal-
lations in that nation may be deposited, in lieu of direct 
monetary transfers to the United States Treasury. Any 
such deposit may be made in the currency of the host na-
tion. Amounts in such an account shall be treated as cred-
its to that host nation and may be used only as specified 
in subsection (b). 
(b) Amounts deposited by a host nation in an account 
as provided for in an agreement under subsection (a) may 
be used—
(1) subject to subsection (c), for the construc-
tion of facilities to support United States military 
forces in that host nation; or 
(2) for such real property maintenance and 
base operating costs at United States military instal-
lations in that host nation that are currently exe-
HR 2658 RH 
cuted through monetary transfers to such host na-
tion. 
(c) A military construction project may be executed 
from an account established under this section only if the 
project has been previously authorized by law. 
(d) In the budget justification materials submitted to 
Congress in support of the President’s budget for the De-
partment of Defense for any fiscal year, the Secretary of 
Defense shall identify—
(1) amounts anticipated to be received during 
that fiscal year in residual value settlements under 
this section; and 
(2) such construction, real property mainte-
nance, and base operating costs that shall be funded 
by the host nation during that fiscal year through 
such credits under an agreement under this section. 
(e)(1) The Secretary of Defense shall report any exec-
utive agreement with a NATO member nation under this 
section to the congressional committees specified in para-
graph (2) not less than 30 days before the conclusion and 
endorsement of the agreement. 
(2) The committees referred to in paragraph (1) are 
the congressional defense committees, the Committee on 
International Relations of the House of Representatives, 
and the Committee on Foreign Relations of the Senate.