In the Senate of the United States,
July 17, 2003.
Resolved, That the bill from the House of Representa-
tives (H.R. 2658) entitled ‘‘An Act to making appropriations
for the Department of Defense for the fiscal year ending Sep-
tember 30, 2004, and for other purposes.’’, do pass with the
following
AMENDMENT:
Strike out all after the enacting clause and insert:
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 station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Army on active
duty (except members of reserve components 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 Department of Defense
Military Retirement Fund, $28,282,764,000.
MILITARY PERSONNEL, NAVY
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Navy on active
duty (except members of the Reserve provided for elsewhere),
midshipmen, and aviation cadets; and for payments pursu-
ant to section 156 of Public Law 97–377, as amended (42
U.S.C. 402 note), and to the Department of Defense Mili-
tary Retirement Fund, $23,309,791,000.
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MILITARY PERSONNEL, MARINE CORPS
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Marine Corps
on active duty (except members of the Reserve provided for
elsewhere); and for payments pursuant to section 156 of
Public Law 97–377, as amended (42 U.S.C. 402 note), and
to the Department of Defense Military Retirement Fund,
$8,994,426,000.
MILITARY PERSONNEL, AIR FORCE
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Air Force on
active duty (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; and for pay-
ments pursuant to section 156 of Public Law 97–377, as
amended (42 U.S.C. 402 note), and to the Department of
Defense Military Retirement Fund, $22,993,072,000.
RESERVE PERSONNEL, ARMY
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army Re-
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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 under-
going reserve training, or while performing drills or equiva-
lent duty or other duty, and for members of the Reserve
Officers’ Training Corps, and expenses authorized by sec-
tion 16131 of title 10, United States Code; and for pay-
ments to the Department of Defense Military Retirement
Fund, $3,584,735,000.
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 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, and for mem-
bers of the 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, $2,027,945,000.
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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 payments to the Department of Defense
Military Retirement Fund, $2,228,830,000.
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 authorized
by law; and not to exceed $11,034,000 can be used for emer-
gencies and extraordinary expenses, to be expended 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, $24,922,949,000: Provided,
That of the funds appropriated in this paragraph, not less
than $355,000,000 shall be made available only for conven-
tional ammunition care and maintenance.
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
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of the Navy, and payments may be made on his certificate
of 
necessity 
for 
confidential 
military 
purposes,
$28,183,284,000.
OPERATION AND MAINTENANCE, MARINE CORPS
For expenses, not otherwise provided for, necessary for
the operation and maintenance of the Marine Corps, as au-
thorized by law, $3,418,023,000.
OPERATION AND MAINTENANCE, AIR FORCE
For expenses, not otherwise provided for, necessary for
the operation and maintenance of the Air Force, as author-
ized by law; and not to exceed $7,801,000 can be used for
emergencies and extraordinary expenses, to be expended on
the approval or authority of the Secretary of the Air Force,
and payments may be made on his certificate of necessity
for confidential military purposes, $26,698,375,000.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For expenses, not otherwise provided for, necessary for
the operation and maintenance of activities and agencies
of the Department of Defense (other than the military de-
partments), as authorized by law, $16,279,006,000, of
which not to exceed $35,000,000, may be available for the
CINC initiative fund; and of which not to exceed
$45,000,000, can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of
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the Secretary of Defense, and payments may be made on
his certificate of necessity for confidential military pur-
poses: Provided, That none of the funds appropriated or
otherwise made available by this Act may be used to plan
or implement the consolidation of a budget or appropria-
tions 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 legis-
lative affairs or legislative liaison office: Provided further,
That $2,700,000, to remain available until expended, is
available only for expenses relating to certain classified ac-
tivities, and may be transferred as necessary by the Sec-
retary to operation and maintenance appropriations or re-
search, 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 fur-
ther, That any ceiling on the investment item unit cost of
items that may be purchased with operation and mainte-
nance funds shall not apply to the funds described in the
preceding proviso: Provided further, That the transfer au-
thority 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, organi-
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zation, and administration, of the Army Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting; pro-
curement of services, supplies, and equipment; and commu-
nications, $1,964,009,000.
OPERATION AND MAINTENANCE, NAVY RESERVE
For expenses, not otherwise provided for, necessary for
the operation and maintenance, including training, organi-
zation, and administration, of the Navy Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting; pro-
curement of services, supplies, and equipment; and commu-
nications, $1,172,921,000.
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE
For expenses, not otherwise provided for, necessary for
the operation and maintenance, including training, organi-
zation, and administration, of the Marine Corps Reserve;
repair of facilities and equipment; hire of passenger motor
vehicles; travel and transportation; care of the dead; recruit-
ing; procurement of services, supplies, and equipment; 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, organi-
zation, and administration, of the Air Force Reserve; repair
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of facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting; pro-
curement of services, supplies, and equipment; and commu-
nications, $2,179,188,000.
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 hos-
pitals; maintenance, operation, and repairs to structures
and facilities; hire of passenger motor vehicles; personnel
services in the National Guard Bureau; travel expenses
(other than mileage), as authorized by law for Army per-
sonnel on active duty, for Army National Guard division,
regimental, and battalion commanders while inspecting
units in compliance with National Guard Bureau regula-
tions when specifically authorized by the Chief, National
Guard Bureau; supplying and equipping the Army Na-
tional Guard as authorized by law; and expenses of repair,
modification, maintenance, and issue of supplies and
equipment (including aircraft), $4,273,131,000.
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, oper-
ation, repair, and other necessary expenses of facilities for
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the training and administration of the Air National Guard,
including repair of facilities, maintenance, operation, and
modification of aircraft; transportation of things, hire of
passenger motor vehicles; supplies, materials, and equip-
ment, as authorized by law for the Air National Guard;
and expenses incident to the maintenance and use of sup-
plies, 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 regulations when specifically
authorized by the Chief, National Guard Bureau,
$4,418,616,000.
OVERSEAS CONTINGENCY OPERATIONS TRANSFER
ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For expenses directly relating to Overseas Contingency
Operations by United States military forces, $10,000,000,
to remain available until expended: Provided, That the Sec-
retary of Defense may transfer these funds only to military
personnel accounts; operation and maintenance accounts
within this title; the Defense Health Program appropria-
tion; procurement accounts; research, development, test and
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evaluation accounts; and to working capital funds: Pro-
vided 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 appropriation to which trans-
ferred: 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:
Provided further, That the transfer authority provided in
this paragraph is in addition to any other transfer author-
ity contained elsewhere in this Act.
UNITED STATES COURTS 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 rep-
resentation purposes.
ENVIRONMENTAL RESTORATION, ARMY
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Army, $396,018,000, to re-
main available until transferred: Provided, That the Sec-
retary of the Army shall, upon determining that such funds
are required for environmental restoration, reduction and
recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Army, or for similar
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purposes, transfer the funds made available by this appro-
priation to other appropriations made available to the De-
partment 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 trans-
ferred 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 re-
main available until transferred: Provided, That the Sec-
retary of the Navy shall, upon determining that such funds
are required for environmental restoration, reduction 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 appro-
priation to other appropriations made available to the De-
partment 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 trans-
ferred from this appropriation are not necessary for the
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purposes provided herein, such amounts may be transferred
back to this appropriation.
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 unsafe
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 avail-
able 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 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, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For the Department of Defense, $24,081,000, to remain
available until transferred: Provided, That the Secretary of
Defense shall, upon determining that such funds are re-
quired for environmental restoration, reduction and recy-
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cling of hazardous waste, removal of unsafe buildings and
debris of the Department of Defense, or for similar purposes,
transfer the funds made available by this appropriation to
other appropriations made available to the Department of
Defense, to be merged with and to be available for the same
purposes and for the same time period as the appropria-
tions 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 pro-
vided 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, $312,619,000, to re-
main available until transferred: Provided, That the Sec-
retary of the Army shall, upon determining that such funds
are required for environmental restoration, reduction and
recycling of hazardous waste, removal of unsafe buildings
and debris at sites formerly used by the Department of De-
fense, transfer the funds made available by this appropria-
tion to other appropriations made available to the Depart-
ment 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
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upon a determination that all or part of the funds trans-
ferred 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 De-
fense (consisting of the programs provided under sections
401, 402, 404, 2547, and 2561 of title 10, United States
Code), $59,000,000, to remain available until September
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 se-
cure transportation and storage of nuclear, chemical and
other weapons; for establishing programs to prevent the pro-
liferation of weapons, weapons components, and weapon-
related technology and expertise; for programs relating to
the training and support of defense and military personnel
for demilitarization and protection of weapons, weapons
components and weapons technology and expertise, and for
defense and military contacts, $450,800,000, to remain
available until September 30, 2006: Provided, That of the
amounts provided under this heading, $10,000,000 shall be
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available only to support the dismantling and disposal of
nuclear submarines, submarine reactor components, and
warheads in the Russian Far East.
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 ac-
cessories therefor; specialized equipment and training de-
vices; 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 construc-
tion prosecuted thereon prior to approval of title; and pro-
curement 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,
$2,027,285,000, 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 ac-
cessories therefor; specialized equipment and training de-
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vices; 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 construc-
tion prosecuted thereon prior to approval of title; and pro-
curement 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,
$1,444,462,000, to remain available for obligation until
September 30, 2006.
PROCUREMENT OF WEAPONS AND TRACKED COMBAT
VEHICLES, ARMY
For construction, procurement, production, and modi-
fication of weapons and tracked combat vehicles, equipment,
including ordnance, 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 in-
terests therein, may be acquired, and construction pros-
ecuted thereon prior to approval of title; and procurement
and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Gov-
ernment and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
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$1,732,004,000, to remain available for obligation until
September 30, 2006.
PROCUREMENT OF AMMUNITION, ARMY
For construction, procurement, production, and modi-
fication of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities authorized
by section 2854 of title 10, United States Code, and the
land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construc-
tion prosecuted thereon prior to approval of title; and pro-
curement 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,
$1,419,759,000, to remain available for obligation until
September 30, 2006.
OTHER PROCUREMENT, ARMY
For construction, procurement, production, and modi-
fication of vehicles, including tactical, support, and non-
tracked combat vehicles; the purchase of passenger motor ve-
hicles for replacement only; and the purchase of 4 vehicles
required for physical security of personnel, notwithstanding
price limitations applicable to passenger vehicles but not
to exceed $180,000 per vehicle; communications and elec-
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tronic 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 fore-
going 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 Government and con-
tractor-owned equipment layaway; and other expenses nec-
essary for the foregoing purposes, $4,573,902,000, 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 in-
stallation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government
and contractor-owned equipment layaway, $9,017,548,000,
to remain available for obligation until September 30,
2006.
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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 construc-
tion prosecuted thereon prior to approval of title; and pro-
curement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway,
$1,967,934,000, to remain available for obligation until
September 30, 2006.
PROCUREMENT OF AMMUNITION, NAVY AND MARINE
CORPS
For construction, procurement, production, and modi-
fication of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities authorized
by section 2854 of title 10, United States Code, and the
land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construc-
tion prosecuted thereon prior to approval of title; and pro-
curement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant
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and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$924,355,000, to remain available for obligation until Sep-
tember 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 con-
structed or converted in the future; and expansion of public
and private plants, including land necessary therefor, and
such lands and interests therein, may be acquired, and con-
struction prosecuted thereon prior to approval of title, as
follows:
Carrier 
Replacement 
Program 
(AP),
$1,186,564,000;
NSSN, $1,511,935,000;
NSSN (AP), $827,172,000;
SSGN, $930,700,000;
SSGN (AP), $236,600,000;
CVN Refuelings (AP), $232,832,000;
SSN Submarine Refuelings, $450,000,000;
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SSN Submarine Refuelings (AP), $20,351,000;
SSBN 
Submarine 
Refuelings 
(AP),
$136,800,000;
DDG–51 Destroyer, $3,218,311,000;
LPD–17, $1,192,034,000;
LPD–17 (AP), $75,000,000;
LHD–8, $591,306,000;
LCAC Landing Craft Air Cushion, $73,087,000;
Prior year shipbuilding costs, $635,502,000;
Service Craft, $15,980,000; and
For outfitting, post delivery, conversions, and
first destination transportation, $348,449,000;
In all: $11,682,623,000, to remain available for obliga-
tion until September 30, 2008: Provided, That additional
obligations may be incurred after September 30, 2008, for
engineering services, tests, evaluations, and other such budg-
eted work that must be performed in the final stage of ship
construction: Provided further, That none of the funds pro-
vided under this heading for the construction or conversion
of any naval vessel to be constructed in shipyards 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 7 vehicles required for physical security of per-
sonnel, notwithstanding price limitations applicable to pas-
senger vehicles but not to exceed $180,000 per vehicle; ex-
pansion 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 Government and con-
tractor-owned equipment layaway, $4,734,808,000, to re-
main available for obligation until September 30, 2006.
PROCUREMENT, MARINE CORPS
For expenses necessary for the procurement, manufac-
ture, 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 Gov-
ernment and contractor-owned equipment layaway; vehicles
for the Marine Corps, including the purchase of passenger
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motor vehicles for replacement only; and expansion of pub-
lic and private plants, including land necessary therefor,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title,
$1,090,399,000, to remain available for obligation 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, Govern-
ment-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 Government and con-
tractor-owned equipment layaway; and other expenses nec-
essary for the foregoing purposes including rents and trans-
portation of things, $11,997,460,000, to remain available
for obligation until September 30, 2006.
MISSILE PROCUREMENT, AIR FORCE
For construction, procurement, and modification of
missiles, spacecraft, rockets, and related equipment, includ-
ing spare parts and accessories therefor, ground handling
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equipment, and training devices; expansion of public and
private plants, Government-owned equipment and installa-
tion thereof in such plants, erection of structures, and ac-
quisition 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 in-
cluding rents and transportation of things, $4,215,333,000,
to remain available for obligation until September 30,
2006.
PROCUREMENT OF AMMUNITION, AIR FORCE
For construction, procurement, production, and modi-
fication of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities authorized
by section 2854 of title 10, United States Code, and the
land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construc-
tion prosecuted thereon prior to approval of title; and pro-
curement 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,
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$1,265,582,000, 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 otherwise
provided for; the purchase of passenger motor vehicles for
replacement only, and the purchase of 1 vehicle required
for physical security of personnel, notwithstanding price
limitations applicable to passenger vehicles but not to ex-
ceed $180,000 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 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, $11,536,097,000, to re-
main available for obligation until September 30, 2006.
PROCUREMENT, DEFENSE-WIDE
For expenses of activities and agencies of the Depart-
ment of Defense (other than the military departments) nec-
essary for procurement, production, and modification of
equipment, supplies, materials, and spare parts therefor,
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not otherwise provided for; the purchase of passenger motor
vehicles for replacement only; and the purchase of 4 vehicles
required for physical security of personnel, notwithstanding
price limitations applicable to passenger vehicles but not
to exceed $180,000 per vehicle; expansion of public and pri-
vate plants, 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 Government and con-
tractor-owned equipment layaway, $3,568,851,000, 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,
$700,000,000, to remain available for obligation until Sep-
tember 30, 2006: Provided, That the Chiefs of the Reserve
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 National
Guard component.
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DEFENSE PRODUCTION ACT PURCHASES
For activities by the Department of Defense pursuant
to sections 108, 301, 302, and 303 of the Defense Production
Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093),
$77,516,000, 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 scientific
research, development, test and evaluation, including main-
tenance, rehabilitation, lease, and operation of facilities
and equipment, $9,513,048,000, to remain available for ob-
ligation until September 30, 2005.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including main-
tenance, rehabilitation, lease, and operation of facilities
and equipment, $14,886,381,000, to remain available for
obligation until September 30, 2005: Provided, That funds
appropriated in this paragraph which are available for the
V–22 may be used to meet unique operational requirements
of the Special Operations Forces: Provided further, That
funds appropriated in this paragraph shall be available for
the Cobra Judy program.
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evaluation; and administrative expenses in connection
therewith, $304,761,000, 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,
$1,449,007,000: Provided, That during fiscal year 2004,
funds in the Defense Working Capital Funds may be used
for the purchase of not to exceed 4 passenger motor vehicles
for replacement only for the Defense Logistics Agency.
NATIONAL DEFENSE SEALIFT FUND
For National Defense Sealift Fund programs, projects,
and activities, and for expenses of the National Defense Re-
serve Fleet, as established by section 11 of the Merchant
Ship Sales Act of 1946 (50 U.S.C. App. 1744), 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, $344,148,000, to remain available until ex-
pended: Provided, That none of the funds provided in this
paragraph shall be used to award a new contract that pro-
vides for the acquisition of any of the following major com-
ponents unless such components are manufactured in the
United States: auxiliary equipment, including pumps, for
all shipboard services; propulsion system components (that
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is; engines, reduction gears, and propellers); shipboard
cranes; and spreaders for shipboard cranes: Provided fur-
ther, 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 depart-
ment responsible for such procurement may waive the re-
strictions in the first proviso on a case-by-case basis by cer-
tifying in writing to the Committees 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 purposes: Provided further, That, not-
withstanding any other provision of law, $8,500,000 of the
funds available under this heading shall be available in ad-
dition 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, 
$15,656,913,000, 
of 
which
$14,918,791,000 shall be for Operation and maintenance,
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of which not to exceed 2 percent shall remain available until
September 30, 2005, and of which not more than
$7,420,972,000 shall be available for contracts entered into
under the TRICARE program; of which $327,826,000, to
remain available for obligation until September 30, 2006,
shall be for Procurement; 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 chem-
ical agents and munitions in accordance with the provi-
sions of section 1412 of the Department of Defense Author-
ization Act, 1986 (50 U.S.C. 1521), and for the destruction
of other chemical warfare materials that are not in the
chemical weapon stockpile, $1,620,076,000, of which
$1,169,168,000 shall be for Operation and maintenance to
remain available until September 30, 2005; $79,212,000
shall be for Procurement to remain available until Sep-
tember 30, 2006; $251,881,000 shall be for Research, devel-
opment, test and evaluation to remain available until Sep-
tember 30, 2005; $119,815,000 shall be for military con-
struction to remain available until September 30, 2008:
Provided, That, notwithstanding any other provision of
law, $10,000,000 of the funds available under this heading
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shall be expended only to fund Chemical Stockpile Emer-
gency Preparedness Program evacuation route improve-
ments in Calhoun County, Alabama.
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 Oper-
ation and maintenance; for Procurement; and for Research,
development, test and evaluation, $832,371,000: 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 appropriation are
not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided
under this heading is in addition to any other transfer au-
thority contained elsewhere in this Act.
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OFFICE OF THE INSPECTOR GENERAL
For expenses and activities of the Office of the Inspec-
tor General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $162,449,000, of which
$160,049,000 shall be for Operation and maintenance, 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 certificate 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 evaluation; 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 Retire-
ment and Disability System Fund, to maintain the proper
funding level for continuing the operation of the Central
Intelligence Agency Retirement and Disability System,
$226,400,000.
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INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Intelligence Community
Management Account, $165,390,000, 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,
$34,100,000 shall be transferred to the Department of Jus-
tice for the National Drug Intelligence Center to support
the Department of Defense’s counter-drug intelligence re-
sponsibilities, and of the said amount, $1,500,000 for Pro-
curement shall remain available until September 30, 2006
and $1,000,000 for Research, development, test and evalua-
tion shall remain available until September 30, 2005: Pro-
vided further, That the National Drug Intelligence Center
shall maintain the personnel and technical resources to pro-
vide timely support to law enforcement authorities and the
intelligence community by conducting document and com-
puter exploitation of materials collected in Federal, State,
and local law enforcement activity associated with counter-
drug, counter-terrorism, and national security investiga-
tions and operations.
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PAYMENT TO KAHO’OLAWE ISLAND CONVEYANCE,
REMEDIATION, AND ENVIRONMENTAL RESTORATION FUND
For payment to Kaho’olawe Island Conveyance, Reme-
diation, and Environmental Restoration Fund, as author-
ized by law, $18,430,000, to remain available until ex-
pended.
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 Edu-
cation Trust Fund, to remain available until expended.
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 com-
puted under the provisions of section 5332 of title 5, United
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States Code, or at a rate in excess of the percentage increase
provided by the appropriate host nation to its own employ-
ees, whichever is higher: Provided further, That this section
shall not apply to Department of Defense foreign service
national employees serving at United States diplomatic
missions whose pay is set by the Department of State under
the Foreign Service Act of 1980: Provided further, That the
limitations of this provision shall not apply to foreign na-
tional employees of the Department of Defense in the Re-
public 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 appropria-
tions in this Act which are limited for obligation during
the current fiscal year shall be obligated during the last 2
months of the fiscal year: Provided, That this section shall
not apply to obligations for support of active duty training
of reserve components or summer camp training of the Re-
serve 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 Management
and Budget, transfer not to exceed $2,100,000,000 of work-
ing capital funds of the Department of Defense or funds
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made available in this Act to the Department of Defense
for military functions (except military construction) be-
tween 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 the appropria-
tion or fund to which transferred: Provided, That such au-
thority to transfer may not be used 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 funds are requested has been de-
nied 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 prepare or present a request
to the Committees on Appropriations for reprogramming
of funds, unless for higher priority items, based on unfore-
seen military requirements, than those for which originally
appropriated and in no case where the item for which re-
programming is requested has been denied by the Congress:
Provided 
further, 
That 
a 
request 
for 
multiple
reprogrammings of funds using authority provided in this
section must be made prior to June 30, 2004.
(TRANSFER OF FUNDS)
SEC. 8006. During the current fiscal year, cash bal-
ances in working capital funds of the Department of De-
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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 disbursements to be made
from such funds: Provided, That transfers may be made be-
tween such funds: Provided further, That transfers may be
made between working capital funds and the ‘‘Foreign Cur-
rency Fluctuations, Defense’’ appropriation and the ‘‘Oper-
ation and Maintenance’’ appropriation accounts in such
amounts as may be determined 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 Sec-
retary of Defense has notified the Congress of the proposed
transfer. Except in amounts equal to the amounts appro-
priated 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, un-
less the Secretary 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 em-
ploys economic order quantity procurement in excess of
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$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
multiyear contract that employs economic order quantity
procurement in excess of $20,000,000 in any 1 year, unless
the congressional defense committees have been notified at
least 30 days in advance of the proposed contract award:
Provided, That no part of any appropriation contained 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 li-
ability: Provided further, That no part of any appropria-
tion contained in this Act shall be available to initiate
multiyear procurement contracts for any systems or compo-
nent 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 authority shall require the use of a
present value analysis to determine lowest cost compared
to an annual procurement.
Funds appropriated in title III of this Act may be
used for multiyear procurement contracts as follows:
C–130 aircraft;
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F/A–18E and F engine;
F/A–18 aircraft;
E–2C aircraft; and
Virginia Class Submarine:
Provided, That the Secretary of the Navy may not enter
into a multiyear contract for the procurement of more than
one Virginia Class Submarine per year.
SEC. 8009. Within the funds appropriated for the oper-
ation and maintenance of the Armed Forces, funds are here-
by 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 assist-
ance costs incidental to authorized operations and pursuant
to authority granted in section 401 of chapter 20 of title
10, United States Code, and these obligations shall be re-
ported as required by section 401(d) of title 10, United
States Code: Provided, That funds available for operation
and maintenance shall be available for providing humani-
tarian and similar assistance by using Civic Action Teams
in the Trust Territories of the Pacific Islands and freely
associated states of Micronesia, pursuant to the Compact
of Free Association as authorized by Public Law 99–239:
Provided further, That upon a determination by the Sec-
retary of the Army that such action is beneficial for grad-
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uate medical education programs conducted at Army med-
ical facilities located in Hawaii, the Secretary of the Army
may authorize the provision of medical services at such fa-
cilities and transportation to such facilities, on a non-
reimbursable basis, for civilian patients from American
Samoa, the Commonwealth of the Northern Mariana Is-
lands, the Marshall Islands, the Federated States of Micro-
nesia, 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 management
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 Depart-
ment of Defense as well as all justification material and
other documentation supporting the fiscal year 2005 De-
partment 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. None of the funds appropriated in this or
any other Act may be used to initiate a new installation
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overseas without 30-day advance notification to the Com-
mittees on Appropriations.
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 student
and receiving benefits paid by the Secretary of Veterans Af-
fairs from the Department of Defense Education Benefits
Fund when time spent as a full-time student is credited
toward completion of a service commitment: Provided, That
this subsection shall not apply to those members who have
reenlisted with this option prior to October 1, 1987: Pro-
vided further, That this subsection applies only to active
components of the Army.
SEC. 8014. (a) None of the funds appropriated by this
Act may be used for converting 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 Department of Defense employees unless the con-
version is based on the results of a public-private competi-
tion process that—
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(1) applies the most efficient organization proc-
ess except to the performance of an activity or func-
tion involving 10 or fewer employees (but prohibits
any modification, reorganization, division, or other
change that is done for the purpose of qualifying the
activity or function for such exception);
(2) provides no advantage to an offeror for a
proposal to save costs for the Department of Defense
by offering employer-sponsored health insurance bene-
fits to workers to be employed under contract for the
performance of such activity or function that are in
any respect less beneficial to the workers than the ben-
efits provided for Federal employees under chapter 89
of title 5, United States Code; and
(3) requires a determination regarding whether,
over all performance periods stated in the solicitation
of offers for performance of the activity or function,
the cost of performance of the activity or function by
a contractor would be less costly to the Department
of Defense by an amount that equals or exceeds the
lesser of (A) 10 percent of the most efficient organiza-
tion’s personnel-related costs for performance of that
activity or function by Federal employees, or (B)
$10,000,000.
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(b) The Secretary of Defense may, in the Secretary’s
discretion, apply the tradeoff source selection public-private
competition process under Office of Management and Budg-
et Circular A–76 to the performance of services related to
the design, installation, operation, or maintenance of infor-
mation technology (as defined in section 11101 of title 40,
United States Code).
(c)(1) This section does not apply to a conversion of
an activity or function of the Department of Defense to con-
tractor performance if the Secretary of Defense (A) deter-
mines in writing that compliance would have a substantial
adverse impact on the ability of the Department of Defense
to perform its national security missions, and (B) publishes
such determination in the Federal Register.
(2) This section and subsections (a), (b), and (c) of
section 2461 of title 10, United States Code, do not apply
with respect to the performance of a commercial or indus-
trial type activity or function that—
(A) is on the procurement list established under
section 2 of the Javits-Wagner-O’Day Act (41 U.S.C.
47); or
(B) is planned to be converted to performance
by—
(i) a qualified nonprofit agency for the
blind or a qualified nonprofit agency for other
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severely handicapped (as such terms are defined
in section 5 of such Act (41 U.S.C. 48b); or
(ii) a commercial business at least 51 per-
cent of which is owned by an Indian tribe (as
defined in section 4(e) of the Indian Self-Deter-
mination and Education Assistance Act (25
U.S.C. 450b(e))) or a Native Hawaiian Organi-
zation (as defined in section 8(a)(15) of the
Small Business Act (15 U.S.C. 637(a)(15))).
(d) Nothing in this Act shall affect depot contracts or
contracts for depot maintenance as provided in sections
2469 and 2474 of title 10, United States Code.
(e) The conversion of any activity or function of the
Department of Defense under the authority provided herein
shall be credited toward any competitive or outsourcing
goal, target or measurement that may be established by stat-
ute, regulation or policy and shall be deemed to be awarded
under the authority of and in compliance with Public Law
98–369, Div. B, Title VII, sections 2723(a) and 2727(b)
(codified at 10 U.S.C. 2304) for the competition or
outsourcing of commercial activities.
(TRANSFER OF FUNDS)
SEC. 8015. Funds appropriated in title III of this Act
for the Department of Defense Pilot Mentor-Protege Pro-
gram may be transferred to any other appropriation con-
tained in this Act solely for the purpose of implementing
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a Mentor-Protege Program developmental assistance agree-
ment pursuant to section 831 of the National Defense Au-
thorization 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 avail-
able 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 substantially
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 substantially
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 components produced or
manufactured in the United States exceeds the aggregate
cost of the components produced or manufactured outside
the United States: Provided further, That when adequate
domestic supplies are not available to meet Department of
Defense requirements on a timely basis, the Secretary of the
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service responsible for the procurement may waive this re-
striction on a case-by-case basis by certifying in writing
to the Committees on Appropriations that such an acquisi-
tion must be made in order to acquire capability for na-
tional 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 pro-
vider for inpatient mental health service for care received
when a patient is referred to a provider of inpatient mental
health care or residential treatment care by a medical or
health care professional having an economic interest in the
facility to which the patient is referred: Provided, That this
limitation does not apply in the case of inpatient mental
health services provided under the program 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 authorized by the Secretary
of Defense because of medical or psychological circumstances
of the patient that are confirmed by a health professional
who is not a Federal employee after a review, pursuant to
rules prescribed by the Secretary, which takes into account
the appropriate level of care for the patient, the intensity
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of services required by the patient, and the availability of
that care.
SEC. 8018. Notwithstanding any other provision of
law, during the current fiscal year, the Secretary of Defense
may, by executive agreement, establish with host nation
governments in NATO member states a separate account
into which such residual value amounts negotiated in the
return of United States military installations in NATO
member states may be deposited, in the currency of the host
nation, in lieu of direct monetary transfers to the United
States Treasury: Provided, That such credits may be uti-
lized only for the construction of facilities to support United
States military forces in that host nation, or such real prop-
erty maintenance and base operating costs that are cur-
rently executed through monetary transfers to such host na-
tions: Provided further, That the Department of Defense’s
budget submission for fiscal year 2004 shall identify such
sums anticipated in residual value settlements, and identify
such construction, real property maintenance or base oper-
ating costs that shall be funded by the host nation through
such credits: Provided further, That all military construc-
tion projects to be executed from such accounts must be pre-
viously approved in a prior Act of Congress: Provided fur-
ther, That each such executive agreement with a NATO
member host nation shall be reported to the congressional
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defense committees, the Committee on International Rela-
tions of the House of Representatives and the Committee
on Foreign Relations of the Senate 30 days prior to the
conclusion and endorsement of any such agreement estab-
lished under this provision.
SEC. 8019. None of the funds available to the Depart-
ment of Defense may be used to demilitarize or dispose of
M–1 Carbines, M–1 Garand rifles, M–14 rifles, .22 caliber
rifles, .30 caliber rifles, or M–1911 pistols.
SEC. 8020. No more than $500,000 of the funds appro-
priated or made available in this Act shall be used during
a single fiscal year for any single relocation of an organiza-
tion, unit, activity or function of the Department of Defense
into or within the National Capital Region: Provided, That
the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying in writing to the congres-
sional defense committees that such a relocation is required
in the best interest of the Government.
SEC. 8021. In addition to the funds provided elsewhere
in this Act, $8,000,000 is appropriated only for incentive
payments authorized by Section 504 of the Indian Financ-
ing Act of 1974 (25 U.S.C. 1544): Provided, That a prime
contractor or a subcontractor at any tier that makes a sub-
contract award to any subcontractor or supplier as defined
in 25 U.S.C. 1544 or a small business owned and controlled
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by an individual or individuals defined under 25 U.S.C.
4221(9) shall be considered a contractor for the purposes
of being allowed additional compensation under section 504
of the Indian Financing Act of 1974 (25 U.S.C. 1544)
whenever the prime contract or subcontract amount is over
$500,000 and involves the expenditure of funds appro-
priated by an Act making Appropriations for the Depart-
ment of Defense with respect to any fiscal year: Provided
further, That notwithstanding 41 U.S.C. § 430, this section
shall be applicable to any Department of Defense acquisi-
tion of supplies or services, including any contract and any
subcontract at any tier for acquisition of commercial items
produced or manufactured, in whole or in part by any sub-
contractor or supplier defined in 25 U.S.C. § 1544 or a
small business owned and controlled by an individual or
individuals defined under 25 U.S.C. 4221(9): Provided fur-
ther, That businesses certified as 8(a) by the Small Business
Administration pursuant to section 8(a)(15) of Public Law
85–536, as amended, shall have the same status as other
program participants under section 602 of Public Law
100–656, 102 Stat. 3825 (Business Opportunity Develop-
ment Reform Act of 1988) for purposes of contracting with
agencies of the Department of Defense.
SEC. 8022. None of the funds appropriated by this Act
shall be available to perform any cost study pursuant to
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the provisions of OMB Circular A–76 if the study being
performed exceeds a period of 24 months after initiation
of such study with respect to a single function activity or
30 months after initiation of such study for a multi-func-
tion activity.
SEC. 8023. Funds appropriated by this Act for the
American Forces Information Service shall not be used for
any national or international political or psychological ac-
tivities.
SEC. 8024. Notwithstanding any other provision of
law or regulation, the Secretary of Defense may adjust wage
rates for civilian employees hired for certain health care
occupations as authorized for the Secretary of Veterans Af-
fairs by section 7455 of title 38, United States Code.
SEC. 8025. (a) Of the funds for the procurement of sup-
plies or services appropriated by this Act and hereafter,
qualified nonprofit agencies for the blind or other severely
handicapped shall be afforded the maximum practicable op-
portunity to participate as subcontractors and suppliers in
the performance of contracts let by the Department of De-
fense.
(b) During the current fiscal year and hereafter, a
business concern which has negotiated with a military serv-
ice or defense agency a subcontracting plan for the partici-
pation by small business concerns pursuant to section 8(d)
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of the Small Business Act (15 U.S.C. 637(d)) shall be given
credit toward meeting that subcontracting goal for any pur-
chases made from qualified nonprofit agencies for the blind
or other severely handicapped.
(c) For the purpose of this section, the phrase ‘‘quali-
fied nonprofit agency for the blind or other severely handi-
capped’’ means a nonprofit agency for the blind or other
severely handicapped that has been approved by the Com-
mittee for the Purchase from the Blind and Other Severely
Handicapped under the Javits-Wagner-O’Day Act (41
U.S.C. 46–48).
SEC. 8026. During the current fiscal year, net receipts
pursuant to collections from third party payers pursuant
to section 1095 of title 10, United States Code, shall be
made available to the local facility of the uniformed services
responsible for the collections and shall be over and above
the facility’s direct budget amount.
SEC. 8027. During the current fiscal year, the Depart-
ment of Defense is authorized to incur obligations of not
to exceed $350,000,000 for purposes specified in section
2350j(c) of title 10, United States Code, in anticipation of
receipt of contributions, only from the Government of Ku-
wait, under that section: Provided, That upon receipt, such
contributions from the Government of Kuwait shall be cred-
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ited to the appropriations or fund which incurred such obli-
gations.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8028. Of the funds made available in this Act,
not less than $24,758,000 shall be available for the Civil
Air Patrol Corporation: Provided, That funds identified for
‘‘Civil Air Patrol’’ under this section are intended for and
shall be for the exclusive use of the Civil Air Patrol Corpora-
tion and not for the Air Force or any unit thereof.
SEC. 8029. (a) None of the funds appropriated in this
Act are available to establish a new Department of Defense
(department) federally funded research and development
center (FFRDC), either as a new entity, or as a separate
entity administrated by an organization managing another
FFRDC, or as a nonprofit membership corporation con-
sisting of a consortium of other FFRDCs and other non-
profit entities.
(b) No member of a Board of Directors, Trustees, Over-
seers, Advisory Group, Special Issues Panel, Visiting Com-
mittee, or any similar entity of a defense FFRDC, and no
paid consultant to any defense FFRDC, except when acting
in a technical advisory capacity, may be compensated for
his or her services as a member of such entity, or as a paid
consultant by more than one FFRDC in a fiscal year: Pro-
vided, That a member of any such entity referred to pre-
viously in this subsection shall be allowed travel expenses
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and per diem as authorized under the Federal Joint Travel
Regulations, when engaged in the performance of member-
ship duties.
(c) Notwithstanding any other provision of law, none
of the funds available to the department from any source
during fiscal year 2004 may be used by a defense FFRDC,
through a fee or other payment mechanism, for construction
of new buildings, for payment of cost sharing for projects
funded by Government grants, for absorption of contract
overruns, or for certain charitable contributions, not to in-
clude employee participation in community service and/or
development.
(d) Notwithstanding any other provision of law, of the
funds available to the department during fiscal year 2004,
not more than 6,450 staff years of technical effort (staff
years) may be funded for defense FFRDCs: Provided, That
of the specific amount referred to previously in this sub-
section, not more than 1,050 staff years may be funded for
the defense studies and analysis FFRDCs.
(e) The Secretary of Defense shall, with the submission
of the department’s fiscal year 2005 budget request, submit
a report presenting the specific amounts of staff years of
technical effort to be allocated for each defense FFRDC dur-
ing that fiscal year.
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(f) Notwithstanding any other provision of this Act,
the total amount appropriated in this Act for FFRDCs is
hereby reduced by $50,000,000.
SEC. 8030. None of the funds appropriated or made
available in this Act shall be used to procure carbon, alloy
or armor steel plate for use in any Government-owned facil-
ity or property under the control of the Department of De-
fense which were not melted and rolled in the United States
or Canada: Provided, That these procurement restrictions
shall apply to any and all Federal Supply Class 9515,
American Society of Testing and Materials (ASTM) or
American Iron and Steel Institute (AISI) specifications of
carbon, alloy or armor steel plate: Provided further, That
the Secretary of the military department responsible for the
procurement may waive this restriction on a case-by-case
basis by certifying in writing to the Committees on Appro-
priations 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 purposes: Provided further,
That these restrictions shall not apply to contracts which
are in being as of the date of the enactment of this Act.
SEC. 8031. For the purposes of this Act, the term ‘‘con-
gressional defense committees’’ means the Armed Services
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Committee of the House of Representatives, the Armed Serv-
ices Committee of the Senate, the Subcommittee on Defense
of the Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on Appropria-
tions of the House of Representatives.
SEC. 8032. During the current fiscal year, the Depart-
ment of Defense may acquire the modification, depot main-
tenance and repair of aircraft, vehicles and vessels as well
as the production of components and other Defense-related
articles, through competition between Department of De-
fense depot maintenance activities and private firms: Pro-
vided, That the Senior Acquisition Executive of the military
department or defense agency concerned, with power of dele-
gation, shall certify that successful bids include comparable
estimates of all direct and indirect costs for both public and
private bids: Provided further, That Office of Management
and Budget Circular A–76 shall not apply to competitions
conducted under this section.
SEC. 8033. (a)(1) If the Secretary of Defense, after con-
sultation with the United States Trade Representative, de-
termines that a foreign country which is party to an agree-
ment described in paragraph (2) has violated the terms of
the agreement by discriminating against certain types of
products produced in the United States that are covered by
the agreement, the Secretary of Defense shall rescind the
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Secretary’s blanket waiver of the Buy American Act with
respect to such types of products produced in that foreign
country.
(2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of under-
standing, between the United States and a foreign country
pursuant to which the Secretary of Defense has prospec-
tively waived the Buy American Act for certain products
in that country.
(b) The Secretary of Defense shall submit to the Con-
gress a report on the amount of Department of Defense pur-
chases from foreign entities in fiscal year 2004. Such report
shall separately indicate the dollar value of items for which
the Buy American Act was waived pursuant to any agree-
ment described in subsection (a)(2), the Trade Agreement
Act of 1979 (19 U.S.C. 2501 et seq.), or any international
agreement to which the United States is a party.
(c) For purposes of this section, the term ‘‘Buy Amer-
ican Act’’ means title III of the Act entitled ‘‘An Act mak-
ing appropriations for the Treasury and Post Office De-
partments for the fiscal year ending June 30, 1934, and
for other purposes’’, approved March 3, 1933 (41 U.S.C.
10a et seq.).
SEC. 8034. Appropriations contained in this Act that
remain available at the end of the current fiscal year as
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a result of energy cost savings realized by the Department
of Defense shall remain available for obligation for the next
fiscal year to the extent, and for the purposes, provided in
section 2865 of title 10, United States Code.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8035. Amounts deposited during the current fis-
cal year to the special account established under 40 U.S.C.
572(b)(5)(A) and to the special account established under
10 U.S.C. 2667(d)(1) are appropriated and shall be avail-
able until transferred by the Secretary of Defense to current
applicable appropriations or funds of the Department of
Defense under the terms and conditions specified by 40
U.S.C. 572(b)(5)(B) and 10 U.S.C. 2667(d)(1)(B), to be
merged with and to be available for the same time period
and the same purposes as the appropriation to which trans-
ferred.
SEC. 8036. The President shall include with each budg-
et for a fiscal year submitted to the Congress under section
1105 of title 31, United States Code, materials that shall
identify clearly and separately the amounts requested in the
budget for appropriation for that fiscal year for salaries
and expenses related to administrative activities of the De-
partment of Defense, the military departments, and the de-
fense agencies.
SEC. 8037. Notwithstanding any other provision of
law, funds available for ‘‘Drug Interdiction and Counter-
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Drug Activities, Defense’’ may be obligated for the Young
Marines program.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8038. During the current fiscal year, amounts
contained in the Department of Defense Overseas Military
Facility Investment Recovery Account established by section
2921(c)(1) of the National Defense Authorization Act of
1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall be
available until expended for the payments specified by sec-
tion 2921(c)(2) of that Act.
SEC. 8039. (a) IN GENERAL.—Notwithstanding any
other provision of law, the Secretary of the Air Force may
convey at no cost to the Air Force, without consideration,
to Indian tribes located in the States of North Dakota,
South Dakota, Montana, and Minnesota relocatable mili-
tary housing units located at Grand Forks Air Force Base
and Minot Air Force Base that are excess to the needs of
the Air Force.
(b) PROCESSING OF REQUESTS.—The Secretary of the
Air Force shall convey, at no cost to the Air Force, military
housing units under subsection (a) in accordance with the
request for such units that are submitted to the Secretary
by the Operation Walking Shield Program on behalf of In-
dian tribes located in the States of North Dakota, South
Dakota, Montana, and Minnesota.
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(c) RESOLUTION OF HOUSING UNIT CONFLICTS.—The
Operation Walking Shield program shall resolve any con-
flicts among requests of Indian tribes for housing units
under subsection (a) before submitting requests to the Sec-
retary of the Air Force under subsection (b).
(d) INDIAN TRIBE DEFINED.—In this section, the term
‘‘Indian tribe’’ means any recognized Indian tribe included
on the current list published by the Secretary of the Interior
under section 104 of the Federally Recognized Indian Tribe
Act of 1994 (Public Law 103–454; 108 Stat. 4792; 25
U.S.C. 479a–1).
SEC. 8040. During the current fiscal year, appropria-
tions which are available to the Department of Defense for
operation and maintenance may be used to purchase items
having an investment item unit cost of not more than
$250,000.
SEC. 8041. (a) During the current fiscal year, none
of the appropriations or funds available to the Department
of Defense Working Capital Funds shall be used for the pur-
chase of an investment item for the purpose of acquiring
a new inventory item for sale or anticipated sale during
the current fiscal year or a subsequent fiscal year to cus-
tomers of the Department of Defense Working Capital
Funds if such an item would not have been chargeable to
the Department of Defense Business Operations Fund dur-
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ing fiscal year 1994 and if the purchase of such an invest-
ment item would be chargeable during the current fiscal
year to appropriations made to the Department of Defense
for procurement.
(b) The fiscal year 2005 budget request for the Depart-
ment of Defense as well as all justification material and
other documentation supporting the fiscal year 2005 De-
partment of Defense budget shall be prepared and submitted
to the Congress on the basis that any equipment which was
classified as an end item and funded in a procurement ap-
propriation contained in this Act shall be budgeted for in
a proposed fiscal year 2005 procurement appropriation and
not in the supply management business area or any other
area or category of the Department of Defense Working
Capital Funds.
SEC. 8042. None of the funds appropriated by this Act
for programs of the Central Intelligence Agency shall re-
main available for obligation beyond the current fiscal year,
except for funds appropriated for the Reserve for Contin-
gencies, which shall remain available until September 30,
2005: Provided, That funds appropriated, transferred, or
otherwise credited to the Central Intelligence Agency Cen-
tral Services Working Capital Fund during this or any
prior or subsequent fiscal year shall remain available until
expended: Provided further, That any funds appropriated
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or transferred to the Central Intelligence Agency for ad-
vanced research and development acquisition, for agent op-
erations, and for covert action programs authorized by the
President under section 503 of the National Security Act
of 1947, as amended, shall remain available until Sep-
tember 30, 2005.
SEC. 8043. Notwithstanding any other provision of
law, funds made available in this Act for the Defense Intel-
ligence Agency may be used for the design, development, and
deployment of General Defense Intelligence Program intel-
ligence communications and intelligence information sys-
tems for the Services, the Unified and Specified Commands,
and the component commands.
SEC. 8044. Of the funds appropriated to the Depart-
ment of Defense under the heading ‘‘Operation and Mainte-
nance, Defense-Wide’’, not less than $10,000,000 shall be
made available only for the mitigation of environmental
impacts, including training and technical assistance to
tribes, related administrative support, the gathering of in-
formation, documenting of environmental damage, and de-
veloping a system for prioritization of mitigation and cost
to complete estimates for mitigation, on Indian lands re-
sulting from Department of Defense activities.
SEC. 8045. (a) None of the funds appropriated in this
Act may be expended by an entity of the Department of
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Defense unless the entity, in expending the funds, complies
with the Buy American Act. For purposes of this subsection,
the term ‘‘Buy American Act’’ means title III of the Act
entitled ‘‘An Act making appropriations for the Treasury
and Post Office Departments for the fiscal year ending June
30, 1934, and for other purposes’’, approved March 3, 1933
(41 U.S.C. 10a et seq.).
(b) If the Secretary of Defense determines that a person
has been convicted of intentionally affixing a label bearing
a ‘‘Made in America’’ inscription to any product sold in
or shipped to the United States that is not made in Amer-
ica, the Secretary shall determine, in accordance with sec-
tion 2410f of title 10, United States Code, whether the per-
son should be debarred from contracting with the Depart-
ment of Defense.
(c) In the case of any equipment or products purchased
with appropriations provided under this Act, it is the sense
of the Congress that any entity of the Department of De-
fense, in expending the appropriation, purchase only Amer-
ican-made equipment and products, provided that Amer-
ican-made equipment and products are cost-competitive,
quality-competitive, and available in a timely fashion.
SEC. 8046. None of the funds appropriated by this Act
shall be available for a contract for studies, analysis, or
consulting services entered into without competition on the
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basis of an unsolicited proposal unless the head of the activ-
ity responsible for the procurement determines—
(1) as a result of thorough technical evaluation,
only one source is found fully qualified to perform the
proposed work;
(2) the purpose of the contract is to explore an
unsolicited proposal which offers significant scientific
or technological promise, represents the product of
original thinking, and was submitted in confidence
by one source; or
(3) the purpose of the contract is to take advan-
tage of unique and significant industrial accomplish-
ment by a specific concern, or to insure that a new
product or idea of a specific concern is given finan-
cial support:
Provided, That this limitation shall not apply to contracts
in an amount of less than $25,000, contracts related to im-
provements of equipment that is in development or produc-
tion, or contracts as to which a civilian official of the De-
partment of Defense, who has been confirmed by the Senate,
determines that the award of such contract is in the interest
of the national defense.
SEC. 8047. (a) Except as provided in subsection (b)
and (c), none of the funds made available by this Act may
be used—
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(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the
Armed Forces or civilian employee of the department
who is transferred or reassigned from a headquarters
activity if the member or employee’s place of duty re-
mains at the location of that headquarters.
(b) The Secretary of Defense or Secretary of a military
department may waive the limitations in subsection (a),
on a case-by-case basis, if the Secretary determines, and cer-
tifies to the Committees on Appropriations of the House of
Representatives and Senate that the granting of the waiver
will reduce the personnel requirements or the financial re-
quirements of the department.
(c) This section does not apply to field operating agen-
cies funded within the National Foreign Intelligence Pro-
gram.
SEC. 8048. Notwithstanding section 303 of Public Law
96–487 or any other provision of law, the Secretary of the
Navy is authorized to lease real and personal property at
Naval Air Facility, Adak, Alaska, pursuant to 10 U.S.C.
2667(f), for commercial, industrial or other purposes: Pro-
vided, That notwithstanding any other provision of law, the
Secretary of the Navy may remove hazardous materials
from facilities, buildings, and structures at Adak, Alaska,
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and may demolish or otherwise dispose of such facilities,
buildings, and structures.
(RESCISSIONS)
SEC. 8049. Of the funds appropriated in Department
of Defense Appropriations Acts, the following funds are
hereby rescinded from the following accounts and programs
in the specified amounts:
‘‘Shipbuilding and Conversion, Navy, 2002/
2006’’, $55,000,000;
‘‘Procurement of Ammunition, Army, 2003/
2005’’, $36,000,000;
‘‘Other Procurement, Air Force, 2003/2005’’,
$5,000,000;
‘‘Procurement, 
Defense-Wide, 
2003/2005’’,
$48,000,000;
‘‘Research and Development, Defense-Wide, 2003/
2004’’, $25,000,000;
‘‘National Defense Sealift Fund’’, $105,300,000.
SEC. 8050. None of the funds available in this Act may
be used to reduce the authorized positions for military (ci-
vilian) technicians of the Army National Guard, the Air
National Guard, Army Reserve and Air Force Reserve for
the purpose of applying any administratively imposed ci-
vilian personnel ceiling, freeze, or reduction on military (ci-
vilian) technicians, unless such reductions are a direct re-
sult of a reduction in military force structure.
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SEC. 8051. None of the funds appropriated or other-
wise made available in this Act may be obligated or ex-
pended for assistance to the Democratic People’s Republic
of North Korea unless specifically appropriated for that
purpose.
SEC. 8052. During the current fiscal year, funds ap-
propriated in this Act are available to compensate members
of the National Guard for duty performed pursuant to a
plan submitted by a Governor of a State and approved by
the Secretary of Defense under section 112 of title 32,
United States Code: Provided, That during the performance
of such duty, the members of the National Guard shall be
under State command and control: Provided further, That
such duty shall be treated as full-time National Guard duty
for purposes of sections 12602(a)(2) and (b)(2) of title 10,
United States Code.
SEC. 8053. Funds appropriated in this Act for oper-
ation and maintenance of the Military Departments, Com-
batant Commands and Defense Agencies shall be available
for reimbursement of pay, allowances and other expenses
which would otherwise be incurred against appropriations
for the National Guard and Reserve when members of the
National Guard and Reserve provide intelligence or coun-
terintelligence support to Combatant Commands, Defense
Agencies and Joint Intelligence Activities, including the ac-
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tivities and programs included within the National Foreign
Intelligence Program (NFIP), the Joint Military Intel-
ligence Program (JMIP), and the Tactical Intelligence and
Related Activities (TIARA) aggregate: Provided, That noth-
ing in this section authorizes deviation from established Re-
serve and National Guard personnel and training proce-
dures.
SEC. 8054. During the current fiscal year, none of the
funds appropriated in this Act may be used to reduce the
civilian medical and medical support personnel assigned to
military treatment facilities below the September 30, 2003
level: Provided, That the Service Surgeons General may
waive this section by certifying to the congressional defense
committees that the beneficiary population is declining in
some catchment areas and civilian strength reductions may
be consistent with responsible resource stewardship and
capitation-based budgeting.
SEC. 8055. (a) LIMITATION ON PENTAGON RENOVA-
TION COSTS.—Not later than the date each year on which
the President submits to Congress the budget under section
1105 of title 31, United States Code, the Secretary of De-
fense shall submit to Congress a certification that the total
cost for the planning, design, construction, and installation
of equipment for the renovation of wedges 2 through 5 of
the Pentagon Reservation, cumulatively, will not exceed
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four times the total cost for the planning, design, construc-
tion, and installation of equipment for the renovation of
wedge 1.
(b) ANNUAL ADJUSTMENT.—For purposes of applying
the limitation in subsection (a), the Secretary shall adjust
the cost for the renovation of wedge 1 by any increase or
decrease in costs attributable to economic inflation, based
on the most recent economic assumptions issued by the Of-
fice of Management and Budget for use in preparation of
the budget of the United States under section 1104 of title
31, United States Code.
(c) EXCLUSION OF CERTAIN COSTS.—For purposes of
calculating the limitation in subsection (a), the total cost
for wedges 2 through 5 shall not include—
(1) any repair or reconstruction cost incurred as
a result of the terrorist attack on the Pentagon that
occurred on September 11, 2001;
(2) any increase in costs for wedges 2 through 5
attributable to compliance with new requirements of
Federal, State, or local laws; and
(3) any increase in costs attributable to addi-
tional security requirements that the Secretary of De-
fense considers essential to provide a safe and secure
working environment.
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(d) CERTIFICATION COST REPORTS.—As part of the
annual certification under subsection (a), the Secretary
shall report the projected cost (as of the time of the certifi-
cation) for—
(1) the renovation of each wedge, including the
amount adjusted or otherwise excluded for such wedge
under the authority of paragraphs (2) and (3) of sub-
section (c) for the period covered by the certification;
and
(2) the repair and reconstruction of wedges 1
and 2 in response to the terrorist attack on the Pen-
tagon that occurred on September 11, 2001.
(e) DURATION OF CERTIFICATION REQUIREMENT.—
The requirement to make an annual certification under
subsection (a) shall apply until the Secretary certifies to
Congress that the renovation of the Pentagon Reservation
is completed.
SEC. 8056. Notwithstanding any other provision of
law, that not more than 35 percent of funds provided in
this Act for environmental remediation may be obligated
under indefinite delivery/indefinite quantity contracts with
a total contract value of $130,000,000 or higher.
SEC. 8057. (a) None of the funds available to the De-
partment of Defense for any fiscal year for drug interdic-
tion or counter-drug activities may be transferred to any
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other department or agency of the United States except as
specifically provided in an appropriations law.
(b) None of the funds available to the Central Intel-
ligence Agency for any fiscal year for drug interdiction and
counter-drug activities may be transferred to any other de-
partment or agency of the United States except as specifi-
cally provided in an appropriations law.
(TRANSFER OF FUNDS)
SEC. 8058. Appropriations available in this Act under
the heading ‘‘Operation and Maintenance, Defense-Wide’’
for increasing energy and water efficiency in Federal build-
ings may, during their period of availability, be transferred
to other appropriations or funds of the Department of De-
fense for projects related to increasing energy and water ef-
ficiency, to be merged with and to be available for the same
general purposes, and for the same time period, as the ap-
propriation or fund to which transferred.
SEC. 8059. None of the funds appropriated by this Act
may be used for the procurement of ball and roller bearings
other than those produced by a domestic source and of do-
mestic origin: Provided, That the Secretary of the military
department responsible for such procurement may waive
this restriction on a case-by-case basis by certifying in writ-
ing to the Committees on Appropriations of the House of
Representatives and the Senate, that adequate domestic
supplies are not available to meet Department of Defense
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requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That this restriction
shall not apply to the purchase of ‘‘commercial items’’, as
defined by section 4(12) of the Office of Federal Procure-
ment Policy Act, except that the restriction shall apply to
ball or roller bearings purchased as end items.
SEC. 8060. Notwithstanding any other provision of
law, funds available to the Department of Defense shall be
made available to provide transportation of medical sup-
plies and equipment, on a nonreimbursable basis, to Amer-
ican Samoa, and funds available to the Department of De-
fense shall be made available to provide transportation of
medical supplies and equipment, on a nonreimbursable
basis, to the Indian Health Service when it is in conjunc-
tion with a civil-military project.
SEC. 8061. None of the funds in this Act may be used
to purchase any supercomputer which is not manufactured
in the United States, unless the Secretary of Defense cer-
tifies to the congressional defense committees that such an
acquisition must be made in order to acquire capability for
national security purposes that is not available from
United States manufacturers.
SEC. 8062. Notwithstanding any other provision of
law, the Naval shipyards of the United States shall be eligi-
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ble to participate in any manufacturing extension program
financed by funds appropriated in this or any other Act
or hereafter in any other Act.
SEC. 8063. Notwithstanding any other provision of
law, each contract awarded by the Department of Defense
during the current fiscal year for construction or service
performed in whole or in part in a State (as defined in
section 381(d) of title 10, United States Code) which is not
contiguous with another State and has an unemployment
rate in excess of the national average rate of unemployment
as determined by the Secretary of Labor, shall include a
provision requiring the contractor to employ, for the pur-
pose of performing that portion of the contract in such State
that is not contiguous with another State, individuals who
are residents of such State and who, in the case of any craft
or trade, possess or would be able to acquire promptly the
necessary skills: Provided, That the Secretary of Defense
may waive the requirements of this section, on a case-by-
case basis, in the interest of national security.
SEC. 8064. None of the funds made available in this
or any other Act may be used to pay the salary of any
officer or employee of the Department of Defense who ap-
proves or implements the transfer of administrative respon-
sibilities or budgetary resources of any program, project,
or activity financed by this Act to the jurisdiction of an-
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other Federal agency not financed by this Act without the
express authorization of Congress: Provided, That this limi-
tation shall not apply to transfers of funds expressly pro-
vided for in Defense Appropriations Acts, or provisions of
Acts providing supplemental appropriations for the De-
partment of Defense.
SEC. 8065. (a) LIMITATION ON TRANSFER OF DE-
FENSE ARTICLES AND SERVICES.—Notwithstanding any
other provision of law, none of the funds available to the
Department of Defense for the current fiscal year may be
obligated or expended to transfer to another nation or an
international organization any defense articles or services
(other than intelligence services) for use in the activities de-
scribed in subsection (b) unless the congressional defense
committees, the Committee on International Relations of
the House of Representatives, and the Committee on For-
eign Relations of the Senate are notified 15 days in advance
of such transfer.
(b) COVERED ACTIVITIES.—This section applies to—
(1) any international peacekeeping or peace-en-
forcement operation under the authority of chapter VI
or chapter VII of the United Nations Charter under
the authority of a United Nations Security Council
resolution; and
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(2) any other international peacekeeping, peace-
enforcement, or humanitarian assistance operation.
(c) REQUIRED NOTICE.—A notice under subsection (a)
shall include the following:
(1) A description of the equipment, supplies, or
services to be transferred.
(2) A statement of the value of the equipment,
supplies, or services to be transferred.
(3) In the case of a proposed transfer of equip-
ment or supplies—
(A) a statement of whether the inventory re-
quirements of all elements of the Armed Forces
(including the reserve components) for the type
of equipment or supplies to be transferred have
been met; and
(B) a statement of whether the items pro-
posed to be transferred will have to be replaced
and, if so, how the President proposes to provide
funds for such replacement.
SEC. 8066. To the extent authorized by subchapter VI
of chapter 148 of title 10, United States Code, the Secretary
of Defense may issue loan guarantees in support of United
States defense exports not otherwise provided for: Provided,
That the total contingent liability of the United States for
guarantees issued under the authority of this section may
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not exceed $15,000,000,000: Provided further, That the ex-
posure fees charged and collected by the Secretary for each
guarantee shall be paid by the country involved and shall
not be financed as part of a loan guaranteed by the United
States: Provided further, That the Secretary shall provide
quarterly reports to the Committees on Appropriations,
Armed Services, and Foreign Relations of the Senate and
the Committees on Appropriations, Armed Services, and
International Relations in the House of Representatives on
the implementation of this program: Provided further, That
amounts charged for administrative fees and deposited to
the special account provided for under section 2540c(d) of
title 10, shall be available for paying the costs of adminis-
trative expenses of the Department of Defense that are at-
tributable to the loan guarantee program under subchapter
VI of chapter 148 of title 10, United States Code.
SEC. 8067. None of the funds available to the Depart-
ment of Defense under this Act shall be obligated or ex-
pended to pay a contractor under a contract with the De-
partment of Defense for costs of any amount paid by the
contractor to an employee when—
(1) such costs are for a bonus or otherwise in ex-
cess of the normal salary paid by the contractor to the
employee; and
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(2) such bonus is part of restructuring costs asso-
ciated with a business combination.
SEC. 8068. (a) None of the funds appropriated or oth-
erwise made available in this Act may be used to transport
or provide for the transportation of chemical munitions or
agents to the Johnston Atoll for the purpose of storing or
demilitarizing such munitions or agents.
(b) The prohibition in subsection (a) shall not apply
to any obsolete World War II chemical munition or agent
of the United States found in the World War II Pacific
Theater of Operations.
(c) The President may suspend the application of sub-
section (a) during a period of war in which the United
States is a party.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8069. During the current fiscal year, no more
than $30,000,000 of appropriations made in this Act under
the heading ‘‘Operation and Maintenance, Defense-Wide’’
may be transferred to appropriations available for the pay
of military personnel, to be merged with, and to be available
for the same time period as the appropriations to which
transferred, to be used in support of such personnel in con-
nection with support and services for eligible organizations
and activities outside the Department of Defense pursuant
to section 2012 of title 10, United States Code.
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SEC. 8070. During the current fiscal year, in the case
of an appropriation account of the Department of Defense
for which the period of availability for obligation has ex-
pired or which has closed under the provisions of section
1552 of title 31, United States Code, and which has a nega-
tive unliquidated or unexpended balance, an obligation or
an adjustment of an obligation may be charged to any cur-
rent appropriation account for the same purpose as the ex-
pired or closed account if—
(1) the obligation would have been properly
chargeable (except as to amount) to the expired or
closed account before the end of the period of avail-
ability or closing of that account;
(2) the obligation is not otherwise properly
chargeable to any current appropriation account of
the Department of Defense; and
(3) in the case of an expired account, the obliga-
tion is not chargeable to a current appropriation of
the Department of Defense under the provisions of sec-
tion 1405(b)(8) of the National Defense Authorization
Act for Fiscal Year 1991, Public Law 101–510, as
amended (31 U.S.C. 1551 note): Provided, That in
the case of an expired account, if subsequent review
or investigation discloses that there was not in fact a
negative unliquidated or unexpended balance in the
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account, any charge to a current account under the
authority of this section shall be reversed and re-
corded against the expired account: Provided further,
That the total amount charged to a current appro-
priation under this section may not exceed an
amount equal to 1 percent of the total appropriation
for that account.
SEC. 8071. Funds appropriated in title II of this Act
and for the Defense Health Program in title VI of this Act
for supervision and administration costs for facilities
maintenance and repair, minor construction, or design
projects, or any planning studies, environmental assess-
ments, or similar activities related to installation support
functions, may be obligated at the time the reimbursable
order is accepted by the performing activity: Provided, That
for the purpose of this section, supervision and administra-
tion costs includes all in-house Government cost.
SEC. 8072. (a) Notwithstanding any other provision
of law, the Chief of the National Guard Bureau may permit
the use of equipment of the National Guard Distance Learn-
ing Project by any person or entity on a space-available,
reimbursable basis. The Chief of the National Guard Bu-
reau shall establish the amount of reimbursement for such
use on a case-by-case basis.
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(b) Amounts collected under subsection (a) shall be
credited to funds available for the National Guard Distance
Learning Project and be available to defray the costs associ-
ated with the use of equipment of the project under that
subsection. Such funds shall be available for such purposes
without fiscal year limitation.
SEC. 8073. Using funds available by this Act or any
other Act, the Secretary of the Air Force, pursuant to a
determination under section 2690 of title 10, United States
Code, may implement cost-effective agreements for required
heating facility modernization in the Kaiserslautern Mili-
tary Community in the Federal Republic of Germany: Pro-
vided, That in the City of Kaiserslautern such agreements
will include the use of United States anthracite as the base
load energy for municipal district heat to the United States
Defense installations: Provided further, That at Landstuhl
Army Regional Medical Center and Ramstein Air Base,
furnished heat may be obtained from private, regional or
municipal services, if provisions are included for the con-
sideration of United States coal as an energy source.
SEC. 8074. None of the funds appropriated in title IV
of this Act may be used to procure end-items for delivery
to military forces for operational training, operational use
or inventory requirements: Provided, That this restriction
does not apply to end-items used in development, proto-
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typing, and test activities preceding and leading to accept-
ance for operational use: Provided further, That this restric-
tion does not apply to programs funded within the National
Foreign Intelligence Program: Provided further, That the
Secretary of Defense may waive this restriction on a case-
by-case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the
Senate that it is in the national security interest to do so.
SEC. 8075. None of the funds made available in this
Act may be used to approve or license the sale of the F–
22 advanced tactical fighter to any foreign government.
SEC. 8076. (a) The Secretary of Defense may, on a
case-by-case basis, waive with respect to a foreign country
each limitation on the procurement of defense items from
foreign sources provided in law if the Secretary determines
that the application of the limitation with respect to that
country would invalidate cooperative programs entered into
between the Department of Defense and the foreign country,
or would invalidate reciprocal trade agreements for the pro-
curement of defense items entered into under section 2531
of title 10, United States Code, and the country does not
discriminate against the same or similar defense items pro-
duced in the United States for that country.
(b) Subsection (a) applies with respect to—
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(1) contracts and subcontracts entered into on or
after the date of the enactment of this Act; and
(2) options for the procurement of items that are
exercised after such date under contracts that are en-
tered into before such date if the option prices are ad-
justed for any reason other than the application of a
waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation re-
garding construction of public vessels, ball and roller bear-
ings, food, and clothing or textile materials as defined by
section 11 (chapters 50–65) of the Harmonized Tariff
Schedule and products classified under headings 4010,
4202, 4203, 6401 through 6406, 6505, 7019, 7218 through
7229, 7304.41 through 7304.49, 7306.40, 7502 through
7508, 8105, 8108, 8109, 8211, 8215, and 9404.
SEC. 8077. (a) PROHIBITION.—None of the funds made
available by this Act may be used to support any training
program involving a unit of the security forces of a foreign
country if the Secretary of Defense has received credible in-
formation from the Department of State that the unit has
committed a gross violation of human rights, unless all nec-
essary corrective steps have been taken.
(b) MONITORING.—The Secretary of Defense, in con-
sultation with the Secretary of State, shall ensure that prior
to a decision to conduct any training program referred to
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in subsection (a), full consideration is given to all credible
information available to the Department of State relating
to human rights violations by foreign security forces.
(c) WAIVER.—The Secretary of Defense, after consulta-
tion with the Secretary of State, may waive the prohibition
in subsection (a) if he determines that such waiver is re-
quired by extraordinary circumstances.
(d) REPORT.—Not more than 15 days after the exercise
of any waiver under subsection (c), the Secretary of Defense
shall submit a report to the congressional defense commit-
tees describing the extraordinary circumstances, the purpose
and duration of the training program, the United States
forces and the foreign security forces involved in the train-
ing program, and the information relating to human rights
violations that necessitates the waiver.
SEC. 8078. The Secretary of Defense, in coordination
with the Secretary of Health and Human Services, may
carry out a program to distribute surplus dental equipment
of the Department of Defense, at no cost to the Department
of Defense, to Indian Health Service facilities and to feder-
ally-qualified health centers (within the meaning of section
1905(l)(2)(B) of the Social Security Act (42 U.S.C.
1396d(l)(2)(B))).
SEC. 8079. None of the funds appropriated or made
available in this Act to the Department of the Navy shall
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be used to develop, lease or procure the T–AKE class of ships
unless the main propulsion diesel engines and propulsors
are manufactured in the United States by a domestically
operated entity: Provided, That the Secretary of Defense
may waive this restriction on a case-by-case basis by certi-
fying in writing to the Committees 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 purposes or there exists a significant cost
or quality difference.
SEC. 8080. None of the funds appropriated or other-
wise made available by this or other Department of Defense
Appropriations Acts may be obligated or expended for the
purpose of performing repairs or maintenance to military
family housing units of the Department of Defense, includ-
ing areas in such military family housing units that may
be used for the purpose of conducting official Department
of Defense business.
SEC. 8081. Notwithstanding any other provision of
law, funds appropriated in this Act under the heading ‘‘Re-
search, Development, Test and Evaluation, Defense-Wide’’
for any advanced concept technology demonstration project
may only be obligated 30 days after a report, including a
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description of the project, the planned acquisition and tran-
sition strategy and its estimated annual and total cost, has
been provided in writing to the congressional defense com-
mittees: Provided, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying to the
congressional defense committees that it is in the national
interest to do so.
SEC. 8082. (a) LIMITATION
ON AVAILABILITY
OF
FUNDS FOR OFFICE OF UNDER SECRETARY OF DEFENSE
FOR INTELLIGENCE.—No funds appropriated or otherwise
made available by this Act for the Office of the Under Sec-
retary of Defense for Intelligence may be obligated or ex-
pended until 30 days after the date on which the report
referred to in subsection (c) is submitted to Congress.
(b) LIMITATION
ON AVAILABILITY
OF FUNDS
FOR
CLANDESTINE MILITARY ACTIVITIES.—No funds appro-
priated or otherwise made available by this Act may be obli-
gated or expended for clandestine military activities until
the date on which the report referred to in subsection (c)
is submitted to Congress.
(c) REPORT.—The report referred to in this subsection
is the report required to be submitted to Congress in the
classified annex to the Emergency Wartime Supplemental
Appropriations Act, 2003 (Public Law 108–11).
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SEC. 8083. During the current fiscal year, refunds at-
tributable to the use of the Government travel card, refunds
attributable to the use of the Government Purchase Card
and refunds attributable to official Government travel ar-
ranged by Government Contracted Travel Management
Centers may be credited to operation and maintenance ac-
counts of the Department of Defense which are current when
the refunds are received. Not more than $1,000,000 of the
amount so credited may be available to provide assistance
to spouses and other dependents of deployed members of the
Armed Forces to defray the travel expenses of such spouses
and other dependents when visiting family members.
SEC. 8084. (a) REGISTERING FINANCIAL MANAGE-
MENT INFORMATION TECHNOLOGY SYSTEMS WITH DOD
CHIEF INFORMATION OFFICER.—None of the funds appro-
priated in this Act may be used for a mission critical or
mission essential financial management information tech-
nology system (including a system funded by the defense
working capital fund) that is not registered with the Chief
Information Officer of the Department of Defense. A system
shall be considered to be registered with that officer upon
the furnishing to that officer of notice of the system, together
with such information concerning the system as the Sec-
retary of Defense may prescribe. A financial management
information technology system shall be considered a mission
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critical or mission essential information technology system
as defined by the Under Secretary of Defense (Comptroller).
(b) CERTIFICATIONS AS TO COMPLIANCE WITH FINAN-
CIAL MANAGEMENT MODERNIZATION PLAN.—
(1) During the current fiscal year, a financial
management automated information system, a mixed
information system supporting financial and non-fi-
nancial systems, or a system improvement of more
than $1,000,000 may not receive Milestone A ap-
proval, Milestone B approval, or full rate production,
or their equivalent, within the Department of Defense
until the Under Secretary of Defense (Comptroller)
certifies, with respect to that milestone, that the sys-
tem is being developed and managed in accordance
with the Department’s Financial Management Mod-
ernization Plan. The Under Secretary of Defense
(Comptroller) may require additional certifications,
as appropriate, with respect to any such system.
(2) The Chief Information Officer shall provide
the congressional defense committees timely notifica-
tion of certifications under paragraph (1).
(c) CERTIFICATIONS
AS
TO
COMPLIANCE
WITH
CLINGER-COHEN ACT.—(1) During the current fiscal year,
a major automated information system may not receive
Milestone A approval, Milestone B approval, or full rate
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production approval, or their equivalent, within the De-
partment of Defense until the Chief Information Officer cer-
tifies, with respect to that milestone, that the system is being
developed in accordance with the Clinger-Cohen Act of 1996
(40 U.S.C. 1401 et seq.). The Chief Information Officer may
require additional certifications, as appropriate, with re-
spect to any such system.
(2) The Chief Information Officer shall provide the
congressional defense committees timely notification of cer-
tifications under paragraph (1). Each such notification
shall include, at a minimum, the funding baseline and
milestone schedule for each system covered by such a certifi-
cation and confirmation that the following steps have been
taken with respect to the system:
(A) Business process reengineering.
(B) An analysis of alternatives.
(C) An economic analysis that includes a cal-
culation of the return on investment.
(D) Performance measures.
(E) An information assurance strategy con-
sistent with the Department’s Global Information
Grid.
(d) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘Chief Information Officer’’ means
the senior official of the Department of Defense des-
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ignated by the Secretary of Defense pursuant to sec-
tion 3506 of title 44, United States Code.
(2) The term ‘‘information technology system’’
has the meaning given the term ‘‘information tech-
nology’’ in section 5002 of the Clinger-Cohen Act of
1996 (40 U.S.C. 1401).
SEC. 8085. During the current fiscal year, none of the
funds available to the Department of Defense may be used
to provide support to another department or agency of the
United States if such department or agency is more than
90 days in arrears in making payment to the Department
of Defense for goods or services previously provided to such
department or agency on a reimbursable basis: Provided,
That this restriction shall not apply if the department is
authorized by law to provide support to such department
or agency on a nonreimbursable basis, and is providing the
requested support pursuant to such authority: Provided fur-
ther, That the Secretary of Defense may waive this restric-
tion on a case-by-case basis by certifying in writing to the
Committees on Appropriations of the House of Representa-
tives and the Senate that it is in the national security inter-
est to do so.
SEC. 8086. None of the funds provided in this Act may
be used to transfer to any nongovernmental entity ammuni-
tion held by the Department of Defense that has a center-
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fire cartridge and a United States military nomenclature
designation of ‘‘armor penetrator’’, ‘‘armor piercing (AP)’’,
‘‘armor piercing incendiary (API)’’, or ‘‘armor-piercing in-
cendiary-tracer (API–T)’’, except to an entity performing
demilitarization services for the Department of Defense
under a contract that requires the entity to demonstrate to
the satisfaction of the Department of Defense that armor
piercing projectiles are either: (1) rendered incapable of
reuse by the demilitarization process; or (2) used to manu-
facture ammunition pursuant to a contract with the De-
partment of Defense or the manufacture of ammunition for
export pursuant to a License for Permanent Export of Un-
classified Military Articles issued by the Department of
State.
SEC. 8087. Notwithstanding any other provision of
law, the Chief of the National Guard Bureau, or his des-
ignee, may waive payment of all or part of the consider-
ation that otherwise would be required under 10 U.S.C.
2667, in the case of a lease of personal property for a period
not in excess of 1 year to any organization specified in 32
U.S.C. 508(d), or any other youth, social, or fraternal non-
profit organization as may be approved by the Chief of the
National Guard Bureau, or his designee, on a case-by-case
basis.
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SEC. 8088. None of the funds appropriated by this Act
shall be used for the support of any nonappropriated funds
activity of the Department of Defense that procures malt
beverages and wine with nonappropriated funds for resale
(including such alcoholic beverages sold by the drink) on
a military installation located in the United States unless
such malt beverages and wine are procured within that
State, or in the case of the District of Columbia, within
the District of Columbia, in which the military installation
is located: Provided, That in a case in which the military
installation is located in more than one State, purchases
may be made in any State in which the installation is lo-
cated: Provided further, That such local procurement re-
quirements for malt beverages and wine shall apply to all
alcoholic beverages only for military installations in States
which are not contiguous with another State: Provided fur-
ther, That alcoholic beverages other than wine and malt bev-
erages, in contiguous States and the District of Columbia
shall be procured from the most competitive source, price
and other factors considered.
SEC. 8089. (a) The Department of Defense is author-
ized to enter into agreements with the Department of Vet-
erans Affairs and federally-funded health agencies pro-
viding services to Native Hawaiians for the purpose of es-
tablishing a partnership similar to the Alaska Federal
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Health Care Partnership, in order to maximize Federal re-
sources in the provision of health care services by federally-
funded health agencies, applying telemedicine technologies.
For the purpose of this partnership, Native Hawaiians
shall have the same status as other Native Americans who
are eligible for the health care services provided by the In-
dian Health Service.
(b) The Department of Defense is authorized to develop
a consultation policy, consistent with Executive Order No.
13084 (issued May 14, 1998), with Native Hawaiians for
the purpose of assuring maximum Native Hawaiian par-
ticipation in the direction and administration of govern-
mental services so as to render those services more respon-
sive to the needs of the Native Hawaiian community.
(c) For purposes of this section, the term ‘‘Native Ha-
waiian’’ means any individual who is a descendant of the
aboriginal people who, prior to 1778, occupied and exer-
cised sovereignty in the area that now comprises the State
of Hawaii.
SEC. 8090. Funds available to the Department of De-
fense for the Global Positioning System during the current
fiscal year may be used to fund civil requirements associ-
ated with the satellite and ground control segments of such
system’s modernization program.
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(INCLUDING TRANSFER OF FUNDS)
SEC. 8091. (a) Of the amounts appropriated in this
Act under the heading, ‘‘Research, Development, Test and
Evaluation, Defense-Wide’’, $48,000,000 shall remain
available until expended: Provided, That notwithstanding
any other provision of law, the Secretary of Defense is au-
thorized to transfer such funds to other activities of the Fed-
eral Government.
(b) Of the amounts appropriated in this Act under the
heading, 
‘‘Operation 
and 
Maintenance, 
Army’’,
$177,000,000 shall remain available until expended: Pro-
vided, That notwithstanding any other provision of law, the
Secretary of Defense is authorized to transfer such funds
to other activities of the Federal Government: Provided fur-
ther, That the Secretary of Defense is authorized to enter
into and carry out contracts for the acquisition of real
property, construction, personal services, and operations re-
lated to projects described in further detail in the Classified
Annex accompanying the Department of Defense Appro-
priations Act, 2004, consistent with the terms and condi-
tions set forth herein: Provided further, That contracts en-
tered into under the authority of this section may provide
for such indemnification as the Secretary determines to be
necessary: Provided further, That projects authorized by
this section shall comply with applicable Federal, State,
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and local law to the maximum extent consistent with the
national security, as determined by the Secretary of De-
fense.
SEC. 8092. Section 8106 of the Department of Defense
Appropriations Act, 1997 (titles I through VIII of the mat-
ter under subsection 101(b) of Public Law 104–208; 110
Stat. 3009–111; 10 U.S.C. 113 note) shall continue in effect
to apply to disbursements that are made by the Department
of Defense in fiscal year 2004.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8093. Of the amounts appropriated in this Act
under the heading ‘‘Research, Development, Test and Eval-
uation, Defense-Wide’’, $154,800,000 shall be made avail-
able for the Arrow missile defense program: Provided, That
of this amount, $10,000,000 shall be available for the pur-
pose of continuing the Arrow System Improvement Pro-
gram (ASIP), and $80,000,000 shall be available for the
purpose of producing Arrow missile components in the
United States and Arrow missile components and missiles
in Israel to meet Israel’s defense requirements, consistent
with each nation’s laws, regulations and procedures: Pro-
vided further, That funds made available under this provi-
sion for production of missiles and missile components may
be transferred to appropriations available for the procure-
ment of weapons and equipment, to be merged with and
to be available for the same time period and the same pur-
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poses as the appropriation to which transferred: Provided
further, That the transfer authority provided under this
provision is in addition to any other transfer authority con-
tained in this Act.
SEC. 8094. In addition to amounts provided in this
Act, $90,000,000 is hereby appropriated for ‘‘Aircraft Pro-
curement, Navy’’: Provided, That these funds shall be avail-
able only for transfer to the Coast Guard for mission essen-
tial equipment for Coast Guard HC–130J aircraft.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8095. Of the amounts appropriated in this Act
under the heading ‘‘Shipbuilding and Conversion, Navy’’,
$635,502,000 shall be available until September 30, 2004,
to fund prior year shipbuilding cost increases: Provided,
That upon enactment of this Act, the Secretary of Navy
shall transfer such funds to the following appropriations in
the amount specified: Provided further, That the amounts
transferred shall be merged with and be available for the
same purposes as the appropriations to which transferred:
To:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1996/04’’:
LPD–17 Amphibious Transport Dock
Ship Program, $95,300,000.
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1998/04’’:
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New SSN, $81,060,000.
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1999/04’’:
DDG–51 
Destroyer 
Program,
$44,420,000;
New SSN, $156,978,000;
LPD–17 Amphibious Transport Dock
Ship Program, $51,100,000.
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 2000/04’’:
DDG–51 
Destroyer 
Program,
$24,510,000;
LPD–17 Amphibious Transport Dock
Ship Program, $112,778,000.
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 2001/04’’:
DDG–51 
Destroyer 
Program,
$6,984,000;
New SSN, $62,372,000.
SEC. 8096. The Secretary of the Navy may settle, or
compromise, and pay any and all admiralty claims under
10 U.S.C. 7622 arising out of the collision involving the
U.S.S. GREENEVILLE and the EHIME MARU, in any
amount and without regard to the monetary limitations in
subsections (a) and (b) of that section: Provided, That such
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payments shall be made from funds available to the Depart-
ment of the Navy for operation and maintenance.
SEC. 8097. Notwithstanding any other provision of
law or regulation, the Secretary of Defense may exercise the
provisions of 38 U.S.C. 7403(g) for occupations listed in
38 U.S.C. 7403(a)(2) as well as the following:
Pharmacists, Audiologists, and Dental Hygien-
ists.
(A) 
The 
requirements 
of 
U.S.C.
7403(g)(1)(A) shall apply.
(B) 
The 
limitations 
of 
U.S.C.
7403(g)(1)(B) shall not apply.
SEC. 8098. Funds appropriated by this Act, or made
available by transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Secu-
rity Act of 1947 (50 U.S.C. 414) during fiscal year 2004
until the enactment of the Intelligence Authorization Act
for fiscal year 2004.
SEC. 8099. In addition to funds made available else-
where in this Act $5,500,000 is hereby appropriated and
shall remain available until expended to provide assistance,
by grant or otherwise (such as, but not limited to, the provi-
sion of funds for repairs, maintenance, construction, and/
or for the purchase of information technology, text books,
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teaching resources), to public schools that have unusually
high concentrations of special needs military dependents en-
rolled: Provided, That in selecting school systems to receive
such assistance, special consideration shall be given to
school systems in States that are considered overseas assign-
ments, and all schools within these school systems shall be
eligible for assistance: Provided further, That up to
$2,000,000 shall be available for the Department of Defense
to establish a non-profit trust fund to assist in the public-
private funding of public school repair and maintenance
projects, or provide directly to non-profit organizations who
in return will use these monies to provide assistance in the
form of repair, maintenance, or renovation to public school
systems that have high concentrations of special needs mili-
tary dependents and are located in States that are consid-
ered overseas assignments, and of which 2 percent shall be
available to support the administration and execution of
the funds: Provided further, That to the extent a federal
agency provides this assistance, by contract, grant, or other-
wise, it may accept and expend non-federal funds in com-
bination with these federal funds to provide assistance for
the authorized purpose, if the non-federal entity requests
such assistance and the non-federal funds are provided on
a reimbursable basis.
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SEC. 8100. None of the funds in this Act may be used
to initiate a new start program without prior notification
to the Office of Secretary of Defense and the congressional
defense committees.
SEC. 8101. Of the funds made available in this Act,
not less than $56,400,000 shall be available to maintain
an attrition reserve force of 18 B–52 aircraft, of which
$3,800,000 shall be available from ‘‘Military Personnel, Air
Force’’, $35,900,000 shall be available from ‘‘Operation and
Maintenance, Air Force’’, and $16,700,000 shall be avail-
able from ‘‘Aircraft Procurement, Air Force’’: Provided,
That the Secretary of the Air Force shall maintain a total
force of 94 B–52 aircraft, including 18 attrition reserve air-
craft, during fiscal year 2004: Provided further, That the
Secretary of Defense shall include in the Air Force budget
request for fiscal year 2005 amounts sufficient to maintain
a B–52 force totaling 94 aircraft.
SEC. 8102. As an interim capability to enhance Army
lethality, survivability, and mobility for light and medium
forces before complete fielding of the Objective Force, the
Army shall ensure that budgetary and programmatic plans
will provide for no fewer than six Stryker Brigade Combat
Teams to be fielded between 2003 and 2008.
SEC. 8103. Of the funds made available under the
heading ‘‘Operation and Maintenance, Air Force’’,
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$8,000,000 shall be available to realign railroad track on
Elmendorf Air Force Base and Fort Richardson.
(TRANSFER OF FUNDS)
SEC. 8104. Of the amounts appropriated in Public
Law 107–206 under the heading ‘‘Defense Emergency Re-
sponse Fund’’, an amount up to the fair market value of
the leasehold interest in adjacent properties necessary for
the force protection requirements of Tooele Army Depot,
Utah, may be made available to resolve any property dis-
putes associated with Tooele Army Depot, Utah, and to ac-
quire such leasehold interest as required: Provided, That
none of these funds may be used to acquire fee title to the
properties.
SEC. 8105. Up to $3,000,000 of the funds appropriated
under the heading ‘‘Operation and Maintenance, Navy’’ in
this Act for the Pacific Missile Range Facility may be made
available to contract for the repair, maintenance, and oper-
ation of adjacent off-base water, drainage, and flood control
systems, electrical upgrade to support additional missions
critical to base operations, and support for a range foot-
print expansion to further guard against encroachment.
(TRANSFER OF FUNDS)
SEC. 8106. In addition to the amounts appropriated
or otherwise made available in this Act, $24,000,000, to re-
main available until September 30, 2004, is hereby appro-
priated to the Department of Defense: Provided, That the
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Secretary of Defense shall make grants in the amount of
$5,000,000 to the American Red Cross for Armed Forces
Emergency Services; $10,000,000 for the Fort Benning In-
fantry Museum; $2,500,000 to the National Guard Youth
Foundation; $3,000,000 to the Chicago Park District for
renovation of the Broadway Armory; and $3,500,000 to the
National D-Day Museum.
SEC. 8107. None of the funds appropriated in this Act
under the heading ‘‘Overseas Contingency Operations
Transfer Account’’ may be transferred or obligated for De-
partment of Defense expenses not directly related to the con-
duct of overseas contingencies: Provided, That the Secretary
of Defense shall submit a report no later than 30 days after
the end of each fiscal quarter to the Committees on Appro-
priations of the Senate and House of Representatives that
details any transfer of funds from the ‘‘Overseas Contin-
gency Operations Transfer Fund’’: Provided further, That
the report shall explain any transfer for the maintenance
of real property, pay of civilian personnel, base operations
support, and weapon, vehicle or equipment maintenance.
SEC. 8108. For purposes of section 1553(b) of title 31,
United States Code, any subdivision of appropriations
made in this Act under the heading ‘‘Shipbuilding and
Conversion, Navy’’ shall be considered to be for the same
purpose as any subdivision under the heading ‘‘Ship-
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building and Conversion, Navy’’ appropriations in any
prior year, and the 1 percent limitation shall apply to the
total amount of the appropriation.
SEC. 8109. The budget of the President for fiscal year
2005 submitted to the Congress pursuant to section 1105
of title 31, United States Code, and each annual budget re-
quest thereafter, shall include separate budget justification
documents for costs of United States Armed Forces’ partici-
pation in contingency operations for the Military Personnel
accounts, the Overseas Contingency Operations Transfer
Account, the Operation and Maintenance accounts, and the
Procurement accounts: Provided, That these budget jus-
tification documents shall include a description of the fund-
ing requested for each anticipated contingency operation,
for each military service, to include active duty and Guard
and Reserve components, and for each appropriation ac-
count: Provided further, That these documents shall include
estimated costs for each element of expense or object class,
a reconciliation of increases and decreases for ongoing con-
tingency operations, and programmatic data including, but
not limited to troop strength for each active duty and
Guard and Reserve component, and estimates of the major
weapons systems deployed in support of each contingency:
Provided further, That these documents shall include budget
exhibits OP–5 and OP–32, as defined in the Department
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of Defense Financial Management Regulation, for the Over-
seas Contingency Operations Transfer Account for fiscal
years 2003 and 2004.
SEC. 8110. None of the funds in this Act may be used
for research, development, test, evaluation, procurement or
deployment of nuclear armed interceptors of a missile de-
fense system.
SEC. 8111. Of the amounts appropriated in this Act
under the headings ‘‘Research, Development, Test and
Evaluation, Navy’’ and ‘‘Operation and Maintenance, De-
fense-Wide’’ $65,200,000 shall be transferred to such ap-
propriations available to the Department of Defense as
may be required to carry out the intent of Congress as ex-
pressed in the Classified Annex accompanying the Depart-
ment of Defense Appropriations Act, 2004, and amounts
so transferred shall be available for the same purposes and
for the same time period as the appropriations to which
transferred.
SEC. 8112. During the current fiscal year, section
2533a(f) of Title 10, United States Code, shall not apply
to any fish, shellfish, or seafood product. This section is ap-
plicable to contracts and subcontracts for the procurement
of commercial items notwithstanding section 34 of the Office
of Federal Procurement Policy Act (41 U.S.C. 430).
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SEC. 8113. Notwithstanding section 2465 of title 10
U.S.C., the Secretary of the Navy may use funds appro-
priated in title II of this Act under the heading, ‘‘Operation
and Maintenance, Navy’’, to liquidate the expenses incurred
for private security guard services performed at the Naval
Support Unit, Saratoga Springs, New York by Burns Inter-
national Security Services, Albany, New York in the
amount of $29,323.35, plus accrued interest, if any.
SEC. 8114. Funds available to the Department of De-
fense under the heading ‘‘RESEARCH, DEVELOPMENT, TEST
AND EVALUATION, DEFENSE-WIDE’’ for the Missile Defense
Agency may be used for the development and fielding of
an initial set of missile defense capabilities.
SEC. 8115. Of the amounts provided in title II of this
Act under the heading, ‘‘Operation and Maintenance, De-
fense-Wide’’, $20,000,000 is available for the Regional De-
fense Counter-terrorism Fellowship Program, to fund the
education and training of foreign military officers, min-
istry of defense civilians, and other foreign security offi-
cials, to include United States military officers and civilian
officials whose participation directly contributes to the edu-
cation and training of these foreign students.
SEC. 8116. Up to $2,000,000 of the funds appropriated
by this Act under the heading, ‘‘Operation and Mainte-
nance, Army’’, may be made available to contract for serv-
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ices required to solicit non-Federal donations to support
construction and operation of the United States Army Mu-
seum at Fort Belvoir, Virginia: Provided, That notwith-
standing any other provision of law, the Army is authorized
to receive future payments in this or the subsequent fiscal
year from any non-profit organization chartered to support
the United States Army Museum to reimburse amounts ex-
pended by the Army pursuant to this section: Provided fur-
ther, That any reimbursements received pursuant to this
section shall be merged with ‘‘Operation and Maintenance,
Army’’ and shall be made available for the same purposes
and for the same time period as that appropriation ac-
count.
SEC. 8117. DESIGNATION OF AMERICA’S NATIONAL
WORLD WAR II MUSEUM. (a) FINDINGS.—Congress makes
the following findings:
(1) The National D-Day Museum, operated in
New Orleans, Louisiana by an educational founda-
tion, has been established with the vision ‘‘to celebrate
the American Spirit’’.
(2) The National D-Day Museum is the only
museum in the United States that exists for the exclu-
sive purpose of interpreting the American experience
during the World War II years (1939–1945) on both
the battlefront and the home front and, in doing so,
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covers all of the branches of the Armed Forces and the
Merchant Marine.
(3) The National D-Day Museum was founded
by the preeminent American historian, Stephen E.
Ambrose, as a result of a conversation with President
Dwight D. Eisenhower in 1963, when the President
and former Supreme Commander, Allied Expedi-
tionary Forces in Europe, credited Andrew Jackson
Higgins, the chief executive officer of Higgins Indus-
tries in New Orleans, as the ‘‘man who won the war
for us’’ because the 12,000 landing craft designed by
Higgins Industries made possible all of the amphib-
ious invasions of World War II and carried American
soldiers into every theatre of the war.
(4) The National D-Day Museum, since its
grand opening on June 6, 2000, the 56th anniversary
of the D-Day invasion of Normandy, has attracted
nearly 1,000,000 visitors from around the world, 85
percent of whom have been Americans from across the
country.
(5) American World War II veterans, called the
‘‘greatest generation’’ of the Nation, are dying at the
rapid rate of more than 1,200 veterans each day, cre-
ating an urgent need to preserve the stories, artifacts,
and heroic achievements of that generation.
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(6) The United States has a need to preserve for-
ever the knowledge and history of the Nation’s most
decisive achievement in the 20th century and to por-
tray that history to citizens, visitors, and school chil-
dren for centuries to come.
(7) Congress, recognizing the need to preserve
this knowledge and history, appropriated funds in
1992 to authorize the design and construction of The
National D-Day Museum in New Orleans to com-
memorate the epic 1944 Normandy invasion, and
subsequently appropriated additional funds in 1998,
2000, 2001, 2002, and 2003 to help expand the exhib-
its in the museum to include the D-Day invasions in
the Pacific Theatre of Operations and the other cam-
paigns of World War II.
(8) The State of Louisiana and thousands of do-
nors and foundations across the country have contrib-
uted millions of dollars to help build this national in-
stitution.
(9) The Board of Trustees of The National D-
Day Museum is national in scope and diverse in its
makeup.
(10) The World War II Memorial now under
construction on the National Mall in Washington, the
District of Columbia, will always be the memorial in
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our Nation where people come to remember America’s
sacrifices in World War II, while The National D-
Day Museum will always be the museum of the Amer-
ican experience in the World War II years (1939–
1945), where people come to learn about Americans’
experiences during that critical period, as well as a
place where the history of our Nation’s monumental
struggle against worldwide aggression by would-be op-
pressors is preserved so that future generations can
understand the role the United States played in the
preservation and advancement of democracy and free-
dom in the middle of the 20th century.
(11) The National D-Day Museum seeks to edu-
cate a diverse group of audiences through its collec-
tion of artifacts, photographs, letters, documents, and
first-hand personal accounts of the participants in the
war and on the home front during one of history’s
darkest hours.
(12) The National D-Day Museum is devoted to
the combat experience of United States citizen soldiers
in all of the theatres of World War II and to the he-
roic efforts of the men and women on the home front
who worked tirelessly to support the troops and the
war effort.
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(13) The National D-Day Museum continues to
add to and maintain one of the largest personal his-
tory collections in the United States of the men and
women who fought in World War II and who served
on the home front.
(14) No other museum describes as well the vol-
unteer spirit that arose throughout the United States
and united the country during the World War II
years.
(15) The National D-Day Museum is engaged in
a 250,000 square foot expansion to include the Center
for the Study of the American Spirit, an advanced
format theatre, and a new United States pavilion.
(16) The planned ‘‘We’re All in this Together’’
exhibit will describe the role every State, common-
wealth, and territory played in World War II, and
the computer database and software of The National
D-Day Museum’s educational program will be made
available to the teachers and school children of every
State, commonwealth, and territory.
(17) The National D-Day Museum is an official
Smithsonian affiliate institution with a formal agree-
ment to borrow Smithsonian artifacts for future exhi-
bitions.
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(18) Le Memorial de Caen in Normandy, France
has formally recognized The National D-Day Museum
as its official partner in a Patriotic Alliance signed
on October 16, 2002, by both museums.
(19) The official Battle of the Bulge museums in
Luxembourg and the American Battlefield Monuments
Commission are already collaborating with The Na-
tional D-Day Museum on World War II exhibitions.
(20) For all of these reasons, it is appropriate to
designate The National D-Day Museum as ‘‘Amer-
ica’s National World War II Museum’’.
(b) PURPOSES.—The purposes of this section are,
through the designation of The National D-Day Museum
as ‘‘America’s National World War II Museum’’, to express
the United States Government’s support for—
(1) the continuing preservation, maintenance,
and interpretation of the artifacts, documents, im-
ages, and history collected by the museum;
(2) the education of the American people as to
the American experience in combat and on the home
front during the World War II years, including the
conduct of educational outreach programs for teachers
and students throughout the United States;
(3) the operation of a premier facility for the
public display of artifacts, photographs, letters, docu-
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ments, and personal histories from the World War II
years (1939–1945);
(4) the further expansion of the current Euro-
pean and Pacific campaign exhibits in the museum,
including the Center for the Study of the American
Spirit for education; and
(5) ensuring the understanding by all future gen-
erations of the magnitude of the American contribu-
tion to the Allied victory in World War II, the sac-
rifices made to preserve freedom and democracy, and
the benefits of peace for all future generations in the
21st century and beyond.
(c) DESIGNATION OF ‘‘AMERICA’S NATIONAL WORLD
WAR II MUSEUM’’.—The National D-Day Museum, New
Orleans, Louisiana, is designated as ‘‘America’s National
World War II Museum’’.
SEC. 8118. NATIVE AMERICAN VETERAN HOUSING
LOANS. (a) Title I of Division K of the Consolidated Appro-
priations Resolution, 2003 (Public Law 108–7) is amended
by striking out ‘‘expenses: Provided, That no new loans in
excess of $5,000,000 may be made in fiscal year 2003.’’ from
the paragraph under the heading ‘‘Native American Vet-
eran Housing Loan Program Account’’ and inserting in
lieu thereof ‘‘expenses.’’.
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(b) The amendment made by subsection (a) of this sec-
tion is effective on the date of the enactment of Public Law
108–7, February 20, 2003.
SEC. 8119. Of the funds made available in chapter 3
of title I of the Emergency Wartime Supplemental Appro-
priations Act, 2003 (Public Law 108–11), under the head-
ing ‘‘Iraq Freedom Fund’’, $3,157,000,000 are hereby re-
scinded.
SEC. 8120. (a) LIMITATION ON USE OF FUNDS FOR
RESEARCH AND DEVELOPMENT ON TERRORISM INFORMA-
TION AWARENESS PROGRAM.—Notwithstanding any other
provision of law, no funds appropriated or otherwise made
available to the Department of Defense, whether to an ele-
ment of the Defense Advanced Research Projects Agency or
any other element, or to any other department, agency, or
element of the Federal Government, may be obligated or ex-
pended on research and development on the Terrorism In-
formation Awareness program.
(b) LIMITATION ON DEPLOYMENT OF TERRORISM IN-
FORMATION AWARENESS PROGRAM.—(1) Notwithstanding
any other provision of law, if and when research and devel-
opment on the Terrorism Information Awareness program,
or any component of such program, permits the deployment
or implementation of such program or component, no de-
partment, agency, or element of the Federal Government
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may deploy or implement such program or component, or
transfer such program or component to another department,
agency, or element of the Federal Government, until the Sec-
retary of Defense—
(A) notifies Congress of that development, includ-
ing a specific and detailed description of—
(i) each element of such program or compo-
nent intended to be deployed or implemented;
and
(ii) the method and scope of the intended
deployment or implementation of such program
or component (including the data or information
to be accessed or used); and
(B) has received specific authorization by law
from Congress for the deployment or implementation
of such program or component, including—
(i) a specific authorization by law for the
deployment or implementation of such program
or component; and
(ii) a specific appropriation by law of
funds for the deployment or implementation of
such program or component.
(2) The limitation in paragraph (1) shall not apply
with respect to the deployment or implementation of the
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Terrorism Information Awareness program, or a compo-
nent of such program, in support of the following:
(A) Lawful military operations of the United
States conducted outside the United States.
(B) Lawful foreign intelligence activities con-
ducted wholly against non-United States persons.
(c) SENSE OF CONGRESS.—It is the sense of Congress
that—
(1) the Terrorism Information Awareness pro-
gram should not be used to develop technologies for
use in conducting intelligence activities or law en-
forcement activities against United States persons
without appropriate consultation with Congress or
without clear adherence to principles to protect civil
liberties and privacy; and
(2) the primary purpose of the Defense Advanced
Research Projects Agency is to support the lawful ac-
tivities of the Department of Defense and the national
security programs conducted pursuant to the laws as-
sembled for codification purposes in title 50, United
States Code.
(d) DEFINITIONS.—In this section:
(1) TERRORISM INFORMATION AWARENESS PRO-
GRAM.—The term ‘‘Terrorism Information Awareness
program’’—
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(A) means the components of the program
known either as Terrorism Information Aware-
ness or Total Information Awareness, any re-
lated information awareness program, or any
successor program under the Defense Advanced
Research Projects Agency or another element of
the Department of Defense; and
(B) includes a program referred to in sub-
paragraph (1), or a component of such program,
that has been transferred from the Defense Ad-
vanced Research Projects Agency or another ele-
ment of the Department of Defense to any other
department, agency, or element of the Federal
Government.
(2) NON-UNITED
STATES
PERSON.—The term
‘‘non-United States person’’ means any person other
than a United States person.
(3) UNITED STATES PERSON.—The term ‘‘United
States person’’ has the meaning given that term in
section 101(i) of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801(i)).
SEC. 8121. Notwithstanding any other provision in
this Act, the total amount appropriated in this Act is here-
by reduced by $125,000,000 to limit excessive growth in the
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procurement of advisory and assistance services, to be dis-
tributed as follows:
‘‘Operation and Maintenance, Defense-Wide’’,
$45,000,000;
‘‘Research, Development, Test and Evaluation,
Navy’’, $40,000,000; and
‘‘Research, Development, Test and Evaluation,
Defense-Wide’’, $40,000,000:
Provided, That these reductions shall be applied proportion-
ally to each budget activity, activity group and subactivity
group and each program, project, and activity within each
appropriation account.
SEC. 8122. None of the funds appropriated in this Act
shall be used to study, demonstrate, or implement any plans
privatizing, divesting or transferring of any Civil Works
missions, functions, or responsibilities for the United States
Army Corps of Engineers to other government agencies
without specific direction in a subsequent Act of Congress.
SEC. 8123. None of the funds provided in this Act may
be used to pay any fee charged by the Department of State
for the purpose of constructing new United States diplo-
matic facilities.
SEC. 8124. Of the amount appropriated by title IV of
this Act under the heading ‘‘RESEARCH, DEVELOPMENT,
TEST, AND EVALUATION, AIR FORCE’’, up to $4,000,000
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may be available for cost effective composite materials for
manned and unmanned flight structures (PE#0602103F).
SEC. 8125. Of the total amount appropriated by title
IV under the heading ‘‘RESEARCH, DEVELOPMENT, TEST
AND EVALUATION, ARMY’’, up to $3,000,000 may be used
for the Broad Area Unmanned Responsive Resupply Oper-
ations aircraft program.
SEC. 8126. Of the total amount appropriated by title
II under the heading ‘‘OPERATION
AND MAINTENANCE,
NAVY’’ for civilian manpower and personnel management,
up to $1,500,000 may be used for Navy Pilot Human Re-
sources Call Center, Cutler, Maine.
SEC. 8127. Of the amount appropriated by title IV of
this Act under the heading ‘‘RESEARCH, DEVELOPMENT,
TEST, AND EVALUATION, NAVY’’, up to $4,000,000 may be
available for Navy Integrated Manufacturing Development.
SEC. 8128. Amounts appropriated by this Act may be
used for the establishment and support of 12 additional
Weapons of Mass Destruction Civil Support Teams, as fol-
lows:
(1) Of the amount appropriated by title II under
the heading ‘‘OPERATION AND MAINTENANCE, ARMY’’,
up to $23,300,000.
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(2) Of the amount appropriated by title II under
the heading ‘‘OPERATION AND MAINTENANCE, ARMY
NATIONAL GUARD’’, up to $16,000,000.
(3) Of the amount appropriated by title III
under the heading ‘‘OTHER PROCUREMENT, ARMY’’,
up to $25,900,000.
(4) Of the amount appropriated by title IV
under the heading ‘‘RESEARCH, DEVELOPMENT, TEST
AND
EVALUATION, 
DEFENSE-WIDE’’, 
up 
to
$1,000,000.
SEC. 8129. Of the amount appropriated by title IV of
this Act under the heading ‘‘RESEARCH, DEVELOPMENT,
TEST, 
AND
EVALUATION, 
DEFENSE-WIDE’’, 
up 
to
$2,000,000 may be available for the development of inte-
grated systems analysis capabilities for bioterrorism re-
sponse exercises.
SEC. 8130. Of the amount appropriated by title III
under the heading ‘‘PROCUREMENT, MARINE CORPS’’, up
to $1,500,000 may be used for the procurement of highly
versatile nitrile rubber collapsible storage units.
SEC. 8131. Of the appropriated by title IV of this Act
under the heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION, NAVY’’, up to $3,000,000 may be available for
Marine Corps Communications Systems (PE#0206313M)
for Critical Infrastructure Protection.
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SEC. 8132. Of the total amount appropriated by title
III under the heading ‘‘OTHER PROCUREMENT, ARMY’’, up
to $1,500,000 may be used for the procurement of TSC–
750 computer systems.
SEC. 8133. Of the amount appropriated by title IV of
this Act under the heading ‘‘RESEARCH, DEVELOPMENT,
TEST, AND EVALUATION, NAVY’’, up to $1,000,000 may be
available for Combat Systems Integration (PE#0603582N)
for the Trouble Reports Information Data Warehouse.
SEC. 8134. Of the amount appropriated by title II of
this Act under the heading ‘‘OPERATION AND MAINTE-
NANCE, NAVY’’, up to $2,000,000 may be available for night
vision goggles in advanced helicopter training.
SEC. 8135. Of the amount appropriated by title IV of
this Act under the heading ‘‘RESEARCH, DEVELOPMENT,
TEST, 
AND
EVALUATION, 
DEFENSE-WIDE’’, 
up 
to
$3,000,000 may be available for the Long Range Biometric
Target Identification System.
SEC. 8136. Of the total amount appropriated by title
IV under the heading ‘‘RESEARCH, DEVELOPMENT, TEST,
AND EVALUATION, DEFENSE-WIDE’’, up to $2,500,000 may
be used for the study of geospatial visualization tech-
nologies.
SEC. 8137. Of the amount appropriated by title IV of
this Act under the heading ‘‘RESEARCH, DEVELOPMENT,
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TEST, AND EVALUATION, NAVY’’, up to $4,000,000 may be
available for High Speed Anti-Radiation Demonstration
Airframe/Propulsion Section (PE#0603114N).
SEC. 8138. Of the total amount appropriated by title
IV under the heading ‘‘RESEARCH AND DEVELOPMENT, DE-
FENSE-WIDE’’, up to $3,500,000 may be used for National
Consortia on MASINT Research for program element num-
ber 0305884L.
SEC. 8139. Of the amount appropriated by title IV of
this Act under the heading ‘‘RESEARCH, DEVELOPMENT,
TEST, AND EVALUATION, ARMY’’, up to $3,500,000 may be
available for the Medical Vanguard Project to expand the
clinical trial of the Internet-based diabetes management
system under that project.
SEC. 8140. Of the amount appropriated by title IV of
this Act under the heading ‘‘RESEARCH, DEVELOPMENT,
TEST, AND EVALUATION, DEFENSE-WIDE’’, up to $800,000
may be available for the Tulane Center for Missile Defense,
Louisiana.
SEC. 8141. Of the amount appropriated by title III
of this Act under the heading ‘‘DEFENSE PRODUCTION ACT
PURCHASES’’, up to $3,000,000 may be available for a
Flexible Aerogel Material Supplier Initiative to develop af-
fordable methods and a domestic supplier of military and
commercial aerogels.
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SEC. 8142. IN RECOGNITION
OF
THE NATIONAL
GUARD
AND RESERVE’S CONTRIBUTIONS
TO OUR NA-
TIONAL SECURITY AND EXPRESSING STRONG SUPPORT FOR
THE SENATE’S PREVIOUS BIPARTISAN VOTE TO PROVIDE
THESE FORCES ACCESS TO TRICARE. (a) FINDINGS.—
The Senate makes the following findings:
(1) Forces in the United States National Guard
and Reserve have made and continue to make essen-
tial and effective contributions to Operation Iraqi
Freedom and other ongoing military operations.
(2) More than 200,000 Reserve personnel from
the Army, Navy, Air Force, Marine Corps, and Coast
Guard are currently serving their Nation on active
status.
(3) Our dependence on the National Guard and
Reserve has increased dramatically over the course of
the past decade. Annual duty days have grown from
about 1 million in the late 1980s to more than 12
million in every year since 1996.
(4) While our dependence on the Reserves has in-
creased in the post-Cold War era, their basic pay and
benefits structure has remained largely unchanged.
(5) Offering TRICARE to reservists for an af-
fordable monthly premium enhances our national se-
curity by improving their medical readiness when
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called to duty, streamlining and accelerating the mo-
bilization process, and enhancing our military’s abil-
ity to recruit and retain qualified personnel to reserve
duty.
(6) The Congressional Budget Office, the official,
nonpartisan scorekeeper of all congressional legisla-
tion, has estimated the cost of this proposal at just
over one-tenth of one percent of the Administration’s
fiscal year 2004 defense budget request.
(7) On May 20, 2003, a strong majority of Sen-
ate Democrats and Republicans joined together and
voted 85–10 for an amendment to the fiscal year 2004
Defense authorization bill to provide reserve personnel
and their families access to TRICARE regardless of
their current deployment status.
(8) The Appropriations Committee indicated in
its report accompanying the fiscal year 2004 Defense
appropriations bill that it supports this proposal.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that—
(1) the National Guard and Reserve play a crit-
ical and increasingly demanding role in protecting
our national security; and
(2) the Senate supports the Appropriations Com-
mittee position as articulated in the report accom-
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panying the fiscal year 2004 Defense appropriations
bill and affirms its support for providing Guard and
Reserve personnel access to TRICARE.
SEC. 8143. (a) The Secretary of Defense—
(1) shall review—
(A) all contractual offset arrangements to
which the policy established under section 2532
of title 10, United States Code, applies that are
in effect on the date of the enactment of this Act;
(B) any memoranda of understanding and
related agreements to which the limitation in
section 2531(c) of such title applies that have
been entered into with a country with respect to
which such contractual offset arrangements have
been entered into and are in effect on such date;
and
(C) any waivers granted with respect to a
foreign country under section 2534(d)(3) of title
10, United States Code, that are in effect on such
date; and
(2) shall determine the effects of the use of such
arrangements, memoranda of understanding, and
agreements on the effectiveness of buy American re-
quirements provided in law.
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(b) The Secretary shall submit a report on the results
of the review under subsection (a) to Congress not later than
March 1, 2005. The report shall include a discussion of each
of the following:
(1) The effects of the contractual offset arrange-
ments on specific subsectors of the industrial base of
the United States and what actions have been taken
to prevent or ameliorate any serious adverse effects on
such subsectors.
(2) The extent, if any, to which the contractual
offset arrangements and memoranda of understanding
and related agreements have provided for technology
transfer that would significantly and adversely affect
the defense industrial base of the United States and
would result in substantial financial loss to a United
States firm.
(3) The extent to which the use of such contrac-
tual offset arrangements is consistent with—
(A) the limitation in section 2531(c) of title
10, United States Code, that prohibits implemen-
tation of a memorandum of understanding and
related agreements if the President, taking into
consideration the results of the interagency re-
view, determines that such memorandum of un-
derstanding or related agreement has or is likely
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to have a significant adverse effect on United
States industry that outweighs the benefits of en-
tering into or implementing such memorandum
or agreement; and
(B) the requirements under section 2534(d)
of such title that—
(i) a waiver granted under such section
not impede cooperative programs entered
into between the Department of Defense and
a foreign country and not impede the recip-
rocal procurement of defense items that is
entered into in accordance with section
2531 of such title; and
(ii) the country with respect to which
the waiver is granted not discriminate
against defense items produced in the
United States to a greater degree than the
United States discriminates against defense
items produced in that country.
(c) The Secretary—
(1) shall submit to the President any rec-
ommendations regarding the use or administration of
contractual offset arrangements and memoranda of
understanding and related agreements referred to in
subsection (a) that the Secretary considers appro-
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priate to strengthen the administration buy American
requirements in law; and
(2) may modify memoranda of understanding or
related agreements entered into under section 2531 of
title 10, United States Code, or take other action with
regard to such memoranda or related agreements, as
the Secretary considers appropriate to strengthen the
administration buy American requirements in law in
the case of procurements covered by such memoranda
or related agreements.
SEC. 8144. It is the sense of the Senate that—
(1) any request for funds for a fiscal year for an
ongoing overseas military operation, including oper-
ations in Afghanistan and Iraq, should be included in
the annual budget of the President for such fiscal year
as submitted to Congress under section 1105(a) of
title 31, United States Code; and
(2) any funds provided for such fiscal year for
such a military operation should be provided in ap-
propriations Acts for such fiscal year through appro-
priations to specific accounts set forth in such Acts.
SEC. 8145. Of the amount appropriated by title II of
this Act under the heading ‘‘OPERATION AND MAINTE-
NANCE, ARMY RESERVE’’, up to $2,000,000 may be avail-
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able for a Software Engineering Institute Information As-
surance Initiative.
SEC. 8146. Of the amount appropriated by title II
under the heading ‘‘OPERATION AND MAINTENANCE, DE-
FENSE-WIDE’’, up to $10,000,000 may be used for civil-
military programs and the Innovative Readiness Training
(IRT) Program.
SEC. 8147. Of the total amount appropriated by title
III under the heading ‘‘MISSILE PROCUREMENT, AIR
FORCE’’, up to $10,000,000 may be used for assured access
to space in addition to the amount available under such
heading for the Evolved Expendable Launch Vehicle.
SEC. 8148. STUDY REGARDING MAIL DELIVERY IN
THE MIDDLE EAST. (a) STUDY.—The Comptroller General
of the United States shall conduct a review of the delivery
of mail to troops in the Middle East and the study should:
(1) Determine delivery times, reliability, and
losses for mail and parcels to and from troops sta-
tioned in the Middle East.
(2) Identify and analyze mail and parcel deliv-
ery service efficiency issues during Operations Desert
Shield/Desert Storm, compared to such services which
occurred during Operation Iraqi Freedom.
(3) Identify cost efficiencies and benefits of alter-
native delivery systems or modifications to existing
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delivery systems to improve the delivery times of mail
and parcels.
(b) REPORT.—Not later than 60 days after the date
of enactment of this Act, the Comptroller General of the
United States shall submit a report to the congressional de-
fense committees on their findings and recommendations.
SEC. 8149. Of the amount appropriated by title IV of
this Act under the heading ‘‘RESEARCH, DEVELOPMENT,
TEST, AND EVALUATION, AIR FORCE’’, up to $4,000,000
may be available for adaptive optics research.
SEC. 8150. Of the amount appropriated by title IV of
this Act under the heading ‘‘RESEARCH, DEVELOPMENT,
TEST, AND EVALUATION, NAVY’’, up to $1,000,000 may be
available for the completion of the Rhode Island Disaster
Initiative.
SEC. 8151. Of the amount appropriated by title I of
this Act for military personnel, up to $8,000,000 may be
available for the costs during fiscal year 2004 of an increase
in the amount of the death gratuity payable with respect
to members of the Armed Forces under section 1478 of title
10, United States Code, from $6,000 to $12,000.
SEC. 8152. Of the amount appropriated by title II of
this Act under the heading ‘‘SHIPBUILDING AND CONVER-
SION, NAVY’’, up to $20,000,000 may be available for DIG–
51 modernization planning.
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SEC. 8153. Of the total amount appropriated by title
II under the heading ‘‘OPERATION
AND MAINTENANCE,
ARMY’’, up to $4,000,000 may be used for the Army Mu-
seum of the Southwest at Ft. Sill, Oklahoma.
SEC. 8154. No funds appropriated or otherwise made
available by this Act may be obligated or expended for the
purpose of privatizing, or transferring to another depart-
ment or agency of the Federal Government, any prison
guard function or position at the United States Discipli-
nary Barracks at Fort Leavenworth, Kansas, until 30 days
after the date on which the Secretary of the Army submits
to the congressional defense committees a plan for the imple-
mentation of the privatization or transfer of such function
or position.
SEC. 8155. Of the total amount appropriated by title
II under the heading ‘‘OPERATION AND MAINTENANCE, MA-
RINE CORPS’’, up to $6,000,000 may be used for the pur-
chase of HMMWV tires.
SEC. 8156. (a) AVAILABILITY OF CERTAIN PERSONNEL
AMOUNTS.—Of the amount appropriated by title I of this
Act under the heading ‘‘NATIONAL GUARD PERSONNEL,
ARMY’’, up to $2,500,000 may be available for Lewis and
Clark Bicentennial Commemoration Activities.
(b) AVAILABILITY OF CERTAIN OPERATION AND MAIN-
TENANCE AMOUNTS.—Of the amount appropriated by title
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II of this Act under the heading ‘‘OPERATION AND MAINTE-
NANCE, ARMY NATIONAL GUARD’’, up to $1,500,000 may
be available for Lewis and Clark Bicentennial Commemora-
tion Activities.
SEC. 8157. (a) LIMITATION ON USE OF FUNDS.—Not-
withstanding any other provision of law, no funds appro-
priated or otherwise made available by this Act may be obli-
gated or expended to decommission a Naval or Marine
Corps Reserve aviation squadron until the report required
by subsection (b) is submitted to the committee of Congress
referred to in that subsection.
(b) REPORT ON NAVY AND MARINE CORPS TACTICAL
AVIATION REQUIREMENTS.—(1) Not later than twelve
months after the date of the enactment of this Act, the
Comptroller General of the United States shall submit to
the Committee on Appropriations of the Senate a report
on the requirements of the Navy and the Marine Corps for
tactical aviation, including mission requirements, recapi-
talization requirements, and the role of Naval and Marine
Corps Reserve assets in meeting such requirements.
(2) The report shall include the recommendations of
the Comptroller General on an appropriate force structure
for the active and reserve aviation units of the Navy and
the Marine Corps, and related personnel requirements, for
the 10-year period beginning on the date of the report.
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SEC. 8158. Of the amount appropriated by title III
of this Act under the heading ‘‘PROCUREMENT, DEFENSE-
WIDE’’, up to $20,000,000 may be available for procure-
ment of secure cellular telephones for the Department of De-
fense and the elements of the intelligence community.
SEC. 8159. Of the amount appropriated by title III
of this Act under the heading ‘‘RESEARCH, DEVELOPMENT,
TEST AND EVALUATION, ARMY’’, up to $5,000,000 may be
available to support Shortstop Electronic Protection Sys-
tems (SEPS) research and development efforts.
SEC. 8160. The Secretary of the Air Force, in consulta-
tion with the Chief of Air Force Reserve, shall study the
mission of the 932nd Airlift Wing, Scott Air Force Base,
Illinois, and evaluate whether it would be appropriate to
substitute for that mission a mixed mission of transporting
patients, passengers, and cargo that would increase the air-
lift capability of the Air Force while continuing the use and
training of aeromedical evacuation personnel. The Sec-
retary shall submit a report on the results of the study and
evaluation to the congressional defense committees not later
than January 16, 2004.
SEC. 8161. Of the total amount appropriated by
title IV under the heading ‘‘RESEARCH, DEVELOPMENT,
TEST AND EVALUATION, DEFENSE-WIDE’’, up to $3,000,000
may be used for Project Ancile.
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SEC. 8162. Of the total amount appropriated by
title IV under the heading ‘‘RESEARCH, DEVELOPMENT,
TEST AND EVALUATION, ARMY’’, up to $2,000,000 may be
used for Knowledge Management Fusion.
SEC. 8163. Of the amount appropriated by title IV of
this Act under the heading ‘‘RESEARCH, DEVELOPMENT,
TEST, AND EVALUATION, ARMY’’, up to $3,000,000 may be
available for the Large Energy National Shock Tunnel
(LENS).
SEC. 8164. In addition to amounts provided in this
Act for Ultra-low Power Battlefield Sensor System, up to
an additional $7,000,000 may be used from the total
amount appropriated by title IV ‘‘RESEARCH, DEVELOP-
MENT, TEST, AND EVALUATION, DEFENSE-WIDE’’, for
Ultra-low Power Battlefield Sensor System.
SEC. 8165. (a) FINDINGS.—The Senate makes the fol-
lowing findings:
(1) If a terrorist group were to acquire the nec-
essary fissile material for a nuclear explosive device,
it would not be difficult for the group to construct
such a device, the explosion of which could kill and
injure thousands, or even hundreds of thousands, of
people and destroy a large area of a city.
(2) If a terrorist group were to acquire a com-
plete nuclear weapon from a nation which has con-
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structed nuclear weapons, it is likely that the group
would be able to detonate the device with similar re-
sults.
(3) A nation supplying either complete nuclear
weapons or special nuclear material to terrorists
might believe that it could escape retaliation by the
United States, as the United States would not be able
to determine the origin of either a weapon or its
fissile material.
(4) It is possible, however, to determine the coun-
try of origin of fissile material after a nuclear explo-
sion, provided that samples of the radioactive debris
from the explosion are collected promptly and ana-
lyzed in appropriate laboratories.
(5) If radioactive debris is collected soon enough
after a nuclear explosion, it is also possible to deter-
mine the characteristics of the nuclear explosive device
involved, which information can assist in locating
and dismantling other nuclear devices that may
threaten the United States.
(6) If countries that might contemplate sup-
plying nuclear weapons or fissile material to terror-
ists know that their assistance can be traced, they are
much less likely to allow terrorists access to either
weapons or material.
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(7) It is in the interest of the United States to
acquire a capability to collect promptly the debris
from a nuclear explosion that might occur in any
part of the Nation.
(b) SENSE OF THE SENATE ON NUCLEAR DEBRIS COL-
LECTION AND ANALYSIS CAPABILITY.—It is the sense of the
Senate that—
(1) the Secretary of Defense should develop and
deploy a nuclear debris collection and analysis capa-
bility sufficient to enable characterization of any nu-
clear device that might be exploded in the United
States;
(2) the capability should incorporate airborne
debris collectors, either permanently installed on dedi-
cated aircraft or available for immediate use on a
class of aircraft, stationed so that a properly
equipped and manned aircraft is available to collect
debris from a nuclear explosion anywhere in the
United States and transport such debris to an appro-
priate laboratory in a timely fashion; and
(3) to the maximum extent practicable, the capa-
bility should be compatible with collection and anal-
ysis systems used by the United States to characterize
overseas nuclear explosions.
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(c) REPORT.—Not later than March 31, 2004, the Sec-
retary of Defense shall submit to the congressional defense
committees a report on the feasibility of developing and de-
ploying the capability described in subsection (b)(1).
SEC. 8166. Of the amount appropriated by title II of
this Act under the heading ‘‘OPERATION AND MAINTE-
NANCE, ARMY’’ up to $15,000,000 may be made available
for upgrades of M1A1 Abrams tank transmissions.
SEC. 8167. Of the total amount appropriated by title
II of this Act under the heading ‘‘OPERATIONS AND MAIN-
TENANCE, ARMY’’, up to $2,000,000 may be used to promote
civil rights education and history in the Army.
SEC. 8168. REPORTS ON SAFETY ISSUES DUE TO DE-
FECTIVE PARTS. (a) REPORT FROM THE SECRETARY.—The
Secretary shall by March 31, 2004, examine and report
back to the congressional defense committees on—
(1) how to implement a system for tracking safe-
ty-critical parts so that parts discovered to be defec-
tive, including due to faulty or fraudulent work by a
contractor or subcontractor, can be identified and
found;
(2) appropriate standards and procedures to en-
sure timely notification of contracting agencies and
contractors about safety issues including parts that
may be defective, and whether the Government Indus-
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try Data Exchange Program should be made manda-
tory;
(3) efforts to find and test airplane parts that
have been heat treated by companies alleged to have
done so improperly; and
(4) whether contracting agencies and contractors
have been notified about alleged improper heat treat-
ment of airplane parts.
(b) REPORT FROM THE COMPTROLLER GENERAL.—
The Comptroller General shall examine and report back to
the congressional defense committees on—
(1) the oversight of subcontractors by prime con-
tractors, and testing and quality assurance of the
work of the subcontractors; and
(2) the oversight of prime contractors by the De-
partment, the accountability of prime contractors for
overseeing subcontractors, and the use of enforcement
mechanisms by the Department.
SEC. 8169. Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall sub-
mit to Congress, in writing, a report on contracts for recon-
struction and other services in Iraq that are funded in
whole or in part with funds available to the Department
of Defense. The report shall detail—
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(1) the process and standards for designing and
awarding such contracts, including assistance or con-
sulting services provided by contractors in that proc-
ess;
(2) the process and standards for awarding lim-
ited or sole-source contracts, including the criteria for
justifying the awarding of such contracts;
(3) any policies that the Secretary has imple-
mented or plans to implement to provide for inde-
pendent oversight of the performance by a contractor
of services in designing and awarding such contracts;
(4) any policies that the Secretary has imple-
mented or plans to implement to identify, assess, and
prevent any conflict of interest relating to such con-
tracts for reconstruction;
(5) any policies that the Secretary has imple-
mented or plans to implement to ensure public ac-
countability of contractors and to identify any fraud,
waste, or abuse relating to such contracts for recon-
struction;
(6) the process and criteria used to determine the
percentage of profit allowed on cost-plus-a-fixed-fee
contracts for reconstruction or other services in Iraq;
and
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(7) a good faith estimate of the expected costs
and duration of all contracts for reconstruction or
other services in Iraq.
SEC. 8170. Of the amount appropriated by title III
of this Act under the heading ‘‘AIRCRAFT PROCUREMENT,
AIR FORCE’’, up to $19,700,000 may be available for C–
5 aircraft in-service modifications for the procurement of
additional C–5 aircraft Avionics Modernization Program
(AMP) kits.
SEC. 8171. (a) REPORT ON ESTABLISHMENT OF PO-
LICE AND MILITARY FORCES IN IRAQ.—Not later than 180
days after the date of the enactment of this Act, the Sec-
retary of Defense shall, in coordination with the Secretary
of State, submit to the appropriate committees of Congress
a report on the establishment of police and military forces
in all of the 18 provinces of Iraq, including—
(1) the costs incurred by the United States in es-
tablishing Iraqi police and military units;
(2) a schedule for the completion of the establish-
ment of Iraqi police and military units;
(3) an assessment of the effect of the ongoing cre-
ation and final establishment of Iraqi police and
military units on the number of United States mili-
tary personnel required to be stationed in Iraq;
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(4) an assessment of the effect of the establish-
ment of an Iraqi police force on the safety of United
States military personnel stationed in Iraq; and
(5) an assessment of the effectiveness of the Iraqi
police force, as so established, in preventing crime
and insuring the safety of the Iraq people.
(b) UPDATES.—Not later than 120 days after the date
of the submittal of the report required by subsection (b),
and every 120 days thereafter, the Secretary of Defense
shall, in coordination with the Secretary of State, submit
to the appropriate committees of Congress an update of such
report.
(c) APPROPRIATE COMMITTEES
OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate committees
of Congress’’ means—
(1) the Committees on Appropriations, Armed
Services, and Foreign Relations of the Senate; and
(2) the Committees on Appropriations, Armed
Services, and International Relations of the House of
Representatives.
SEC. 8172. Section 8149(b) of the Department of De-
fense Appropriations Act, 2003 (Public Law 107–248; 116
Stat. 1572) is amended by adding at the end the following
new paragraph:
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‘‘(3) This subsection shall remain in effect for fiscal
year 2004.’’.
TITLE 
IX—SETTLEMENT 
OF
CLAIMS FOR SLAVE LABOR
FOR JAPANESE COMPANIES
DURING WORLD WAR II
SEC. 901. PAYMENT OF COMPENSATION TO FORMER PRIS-
ONERS OF WAR FOR FORCED OR SLAVE
LABOR FOR JAPANESE COMPANIES DURING
WORLD WAR II.
(a) PAYMENT OF COMPENSATION REQUIRED.—Subject
to the availability of appropriations the Secretary of De-
fense shall pay to each surviving former prisoner of war
compensation as provided in subsection (b).
(b) COMPENSATION.—The compensation to be paid
under subsection (a) is as follows: In the case of a living
former prisoner of war, to the living former prisoner of war
in the amount of $10,000.
(c) IDENTIFICATION
OF INDIVIDUALS
AS FORMER
PRISONERS OF WAR.—(1) An individual seeking compensa-
tion under this section shall submit to the Secretary of De-
fense an application therefor containing such information
as the Secretary shall require. Only one application shall
be submitted with respect to each individual seeking treat-
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ment as a former prisoner of war for purposes of this sec-
tion.
(2) The Secretary shall take such actions as the Sec-
retary considers appropriate to identify and locate individ-
uals eligible for treatment as former prisoners of war for
purposes of this section.
(d) TREATMENT AS FORMER PRISONER OF WAR.—(1)
Subject to paragraph (3), the Secretary of Defense shall
treat an individual as a former prisoner of war if—
(A) the name of the individual appears on any
official list of the Imperial Government of Japan, or
of the United States Government, as having been im-
prisoned at any time during World War II in a
camp in Japan or territories occupied by Japan
where individuals were forced to provide labor; or
(B) evidence otherwise demonstrates that the in-
dividual is entitled to treatment as a former prisoner
of war.
(2) Any reasonable doubt under this subsection shall
be resolved in favor of the claimant.
(3) The treatment of an individual as a former pris-
oner of war under paragraph (1) shall be rebutted only by
clear and convincing evidence.
(e) TIMING OF PAYMENT.—The Secretary of Defense
shall pay compensation to a former prisoner of war, under
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subsection (a) not later than 30 days after determining that
compensation is payable to or on behalf of the former pris-
oner of war under this section.
(f) PRIORITY IN PAYMENTS.—The Secretary of Defense
shall complete the processing of applications under this sec-
tion in a manner that provides, to the maximum extent
practicable, for the payment of compensation to former
prisoners of war during their natural lives, with payments
prioritized based on age and health of the claimant.
(g) FUNDING.—(1) From funds available otherwise in
this Act up to $49,000,000 may be made available to carry
out this title.
(2) The amount made available by paragraph (1) shall
remain available for obligation and expenditure during the
two-year period beginning on October 1, 2003.
(3) Any amounts made available by paragraph (1)
that have not been obligated as of September 30, 2005, shall
revert to the Treasury as of that date.
SEC. 903. DEFINITIONS.
In this title:
(1) FORMER
PRISONER
OF
WAR.—The term
‘‘former prisoner of war’’ means any individual
who—
(A) was a member of the Armed Forces of
the United States, a civilian employee of the
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United States, or an employee of a contractor of
the United States during World War II;
(B) served in or with the United States
combat forces during World War II;
(C) was captured and held as a prisoner of
war or prisoner by Japan in the course of such
service; and
(D) was required by one or more Japanese
companies to perform forced or slave labor dur-
ing World War II.
(2) JAPANESE COMPANY.—The term ‘‘Japanese
company’’ means—
(A) any business enterprise, corporation,
company, association, partnership, or sole pro-
prietorship having its principal place of business
within Japan or organized or incorporated
under the laws of Japan or any political sub-
division thereof; and
(B) any subsidiary or affiliate of an entity
in Japan, as described in subparagraph (A), if
controlled in fact by the entity, whether cur-
rently incorporated or located in Japan or else-
where.
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(3) WORLD WAR II.—The term ‘‘World War II’’
means the period beginning on December 7, 1941, and
ending on August 8, 1945.
This Act may be cited as the ‘‘Department of Defense
Appropriations Act of 2004’’.
Attest:
Secretary.