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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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(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’’.
Passed the House of Representatives July 8, 2003. 
Attest: 
JEFF TRANDAHL, 
Clerk.
Passed the Senate July 17, 2003. 
Attest: 
EMILY J. REYNOLDS, 
Secretary.