H. R. 5010—21
subsections (a) and (b) of this provision were effective with regard
to fiscal year 2004.
(c) Nothing in this section shall be construed to apply to military
(civilian) technicians.
SEC. 8011. Notwithstanding any other provision of law, none
of the funds made available by this Act shall be used by the
Department of Defense to exceed, outside the 50 United States,
its territories, and the District of Columbia, 125,000 civilian
workyears: Provided, That workyears shall be applied as defined
in the Federal Personnel Manual: Provided further, That workyears
expended in dependent student hiring programs for disadvantaged
youths shall not be included in this workyear limitation.
SEC. 8012. None of the funds made available by this Act shall
be used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation 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 Affairs from the Department
of Defense Education Benefits Fund when time spent as a full-
time student is credited toward completion of a service commitment:
Provided, That this subsection shall not apply to those members
who have reenlisted with this option prior to October 1, 1987:
Provided further, That this subsection applies only to active compo-
nents of the Army.
SEC. 8014. None of the funds appropriated by this Act shall
be available to convert to contractor performance an activity or
function of the Department of Defense that, on or after the date
of the enactment of this Act, is performed by more than 10 Depart-
ment of Defense civilian employees until a most efficient and cost-
effective organization analysis is completed on such activity or
function and certification of the analysis is made to the Committees
on Appropriations of the House of Representatives and the Senate:
Provided, That this section and subsections (a), (b), and (c) of
10 U.S.C. 2461 shall not apply to a commercial or industrial type
function of the Department of Defense that: (1) is included on
the procurement list established pursuant to section 2 of the Act
of June 25, 1938 (41 U.S.C. 47), popularly referred to as the Javits-
Wagner-O’Day Act; (2) is planned to be converted to performance
by a qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped individuals in
accordance with that Act; or (3) is planned to be converted to
performance by a qualified firm under 51 percent ownership by
an Indian tribe, as defined in section 450b(e) of title 25, United
States Code, or a Native Hawaiian organization, as defined in
section 637(a)(15) of title 15, United States Code.
(TRANSFER OF FUNDS)
SEC. 8015. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be trans-
ferred to any other appropriation contained in this Act solely for
the purpose of implementing a Mentor-Protege Program develop-
mental assistance agreement pursuant to section 831 of the
National Defense Authorization Act for Fiscal Year 1991 (Public
Law 101–510; 10 U.S.C. 2301 note), as amended, under the
H. R. 5010—22
authority of this provision or any other transfer authority contained
in this Act.
SEC. 8016. None of the funds in this Act may be available
for the purchase by the Department of Defense (and its departments
and agencies) of welded shipboard anchor and mooring chain 4
inches in diameter and under unless the anchor and mooring chain
are manufactured in the United States from components which
are 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 compo-
nents of anchor and mooring chain shall be considered to be pro-
duced 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 manufac-
tured outside the United States: Provided further, That when ade-
quate domestic supplies are not available to meet Department of
Defense requirements on a timely basis, the Secretary of the service
responsible for the procurement may waive this restriction on a
case-by-case basis by certifying in writing to the Committees on
Appropriations that such an acquisition must be made in order
to acquire capability for national security purposes.
SEC. 8017. None of the funds appropriated by this Act available
for the Civilian Health and Medical Program of the Uniformed
Services (CHAMPUS) or TRICARE shall be available for the
reimbursement of any health care provider for inpatient mental
health service for care 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 disabil-
ities 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 inten-
sity 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 installa-
tions 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 utilized
only for the construction of facilities to support United States mili-
tary forces in that host nation, or such real property maintenance
and base operating costs that are currently executed through mone-
tary transfers to such host nations: 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
H. R. 5010—23
operating costs that shall be funded by the host nation through
such credits: Provided further, That all military construction
projects to be executed from such accounts must be previously
approved in a prior Act of Congress: Provided further, That each
such executive agreement with a NATO member host nation shall
be reported to the congressional defense committees, the Committee
on International Relations 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 Department
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 appropriated
or made available in this Act shall be used during a single fiscal
year for any single relocation of an organization, 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 congressional 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 Financing Act of 1974
(25 U.S.C. 1544): Provided, That a prime contractor or a subcon-
tractor at any tier that makes a subcontract award to any subcon-
tractor or supplier as defined in 25 U.S.C. 1544 or a small business
owned and controlled by an individual 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 expendi-
ture of funds appropriated by an Act making Appropriations for
the Department 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 acquisition 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 subcontractor or supplier defined in
25 U.S.C. § 1544 or a small business owned and controlled by
an individual defined under 25 U.S.C. 4221(9).
SEC. 8022. None of the funds appropriated by this Act shall
be available to perform any cost study pursuant to 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 48 months after initiation of such
study for a multi-function 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 activities.
SEC. 8024. Notwithstanding any other provision of law or regu-
lation, the Secretary of Defense may adjust wage rates for civilian
employees hired for certain health care occupations as authorized
for the Secretary of Veterans Affairs by section 7455 of title 38,
United States Code.
H. R. 5010—24
SEC. 8025. (a) Of the funds for the procurement of supplies
or services appropriated by this Act, qualified nonprofit agencies
for the blind or other severely handicapped shall be afforded the
maximum practicable opportunity to participate as subcontractors
and suppliers in the performance of contracts let by the Department
of Defense.
(b) During the current fiscal year, a business concern which
has negotiated with a military service or defense agency a subcon-
tracting plan for the participation by small business concerns pursu-
ant to section 8(d) of the Small Business Act (15 U.S.C. 637(d))
shall be given credit toward meeting that subcontracting goal for
any purchases made from qualified nonprofit agencies for the blind
or other severely handicapped.
(c) For the purpose of this section, the phrase ‘‘qualified non-
profit agency for the blind or other severely handicapped’’ means
a nonprofit agency for the blind or other severely handicapped
that has been approved by the Committee 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 Department
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 Kuwait, under that section: Provided,
That upon receipt, such contributions from the Government of
Kuwait shall be credited to the appropriations or fund which
incurred such obligations.
SEC. 8028. Of the funds made available in this Act, not less
than $21,188,000 shall be available for the Civil Air Patrol Corpora-
tion, of which $19,688,000 shall be available for Civil Air Patrol
Corporation operation and maintenance to support readiness activi-
ties which includes $1,500,000 for the Civil Air Patrol counterdrug
program: 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 Corporation 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 (depart-
ment) 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 mem-
bership corporation consisting of a consortium of other FFRDCs
and other non-profit entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, 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: Provided, That a member of any such entity
referred to previously in this subsection shall be allowed travel
expenses and per diem as authorized under the Federal Joint Travel